nicipal solid waste received at the landfill or in-
cinerator concerned during calendar year 1995
if the State has enacted a comprehensive, state-
wide recycling program. No such limit may
conflict—
‘‘(i) with provisions of a permit spe-
cifically authorizing the owner or operator
to accept, at the facility, out-of-State mu-
nicipal solid waste; or
‘‘(ii) with a host community agree-
ment entered into between the owner or
operator of any such landfill or incinerator
and the affected local government.
‘‘(B) CONFLICT.—A limit referred to in
subparagraph (A) shall be treated as conflicting
with—
‘‘(i) a permit if the permit establishes
a higher limit or does not establish any
limit on the amount of out-of-State munic-
ipal solid waste which may be received an-
nually at the facility; and
‘‘(ii) a host community agreement if
the host community agreement establishes
a higher limit or does not establish any
limit on the amount of out-of-State munic-
ipal solid waste which may be received an-
nually at the facility, but only to the extent
that the landfill or incinerator, at the time
the host community agreement was entered
into, had specifically permitted capacity to
receive the solid waste authorized by the
host community agreement.
‘‘(2) NO
DISCRIMINATION.—In establishing a
limitation under this subsection, a State shall act in
a consistent manner that does not discriminate
against any shipments of out-of-State municipal
solid waste on the basis of State of origin.
‘‘(3) EFFECT
ON
OTHER
LAWS.—Nothing in
this subsection shall be interpreted or construed to
supersede any State law relating to contracts.
‘‘(4) DEFINITION.—As used in this subsection,
the term ‘comprehensive, statewide recycling pro-
gram’ means a law of statewide applicability that re-
quires the generators of municipal solid waste to
separate all of the following materials for recycling
as a condition of disposing of the waste at landfills
or incinerators in the State:
‘‘(A) Aluminum containers.
‘‘(B) Corrugated paper or other container
board.
‘‘(C) Glass containers.
‘‘(D) Magazines or other material printed
on similar paper.
‘‘(E) Newspapers or other material printed
on newsprint.
‘‘(F) Office paper.
‘‘(G) Plastic containers.
‘‘(H) Steel containers.
‘‘(I) Containers for carbonated or malt
beverages that are primarily made of a com-
bination of steel and aluminum.
‘‘(i) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—A State may impose and
collect a cost recovery charge on the processing,
combustion, or disposal in a landfill or incinerator of
out-of-State municipal solid waste in the State in ac-
cordance with this subsection.
‘‘(2) AMOUNT OF SURCHARGE.—The amount of
the cost recovery surcharge may be no greater than
the amount necessary to recover those costs deter-
mined in conformance with paragraph (4) and in no
event may exceed $2.00 per ton of waste.
‘‘(3) USE
OF
SURCHARGE
COLLECTED.—All
cost recovery surcharges collected by a State shall be
used to fund those solid waste management pro-
grams administered by the State or its political sub-
division that incur costs for which the surcharge is
collected.
‘‘(4) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State may impose and collect
a cost recovery surcharge on the processing, combus-
tion, or disposal within the State of out-of-State mu-
nicipal solid waste if—
‘‘(i) the State demonstrates a cost to the
State arising from the processing, combustion,
or disposal within the State of a volume of mu-
nicipal solid waste from a source outside the
State;
‘‘(ii) the surcharge is based on those costs
to the State demonstrated under clause (i) that,
if not paid for through the surcharge, would
otherwise have to be paid or subsidized by the
State; and
‘‘(iii) the surcharge is compensatory and is
not discriminatory.
‘‘(B) In no event shall a cost recovery surcharge
be imposed by a State to the extent that the cost for
which recovery is sought is otherwise paid, recov-
ered, or offset by any other fee or tax paid to the
State or its political subdivision or to the extent that
the amount of the surcharge is offset by voluntarily
agreed payments to a State or its political subdivi-
sion in connection with the generation, transpor-
tation, treatment, processing, combustion, or dis-
posal of solid waste.
‘‘(C) The grant of a subsidy by a State with re-
spect to entities disposing of waste generated within
the State does not constitute discrimination for pur-
poses of subparagraph (A)(iii).
‘‘(5) DEFINITIONS.—As used in this subsection:
‘‘(A) The term ‘costs’ means the costs in-
curred by the State for the implementation of
its laws governing the processing, combustion,
or disposal of municipal solid waste, limited to
the issuance of new permits and renewal of or
modification of permits, inspection and compli-
ance monitoring, enforcement, and costs associ-
ated with technical assistance, data manage-
ment, and collection of fees.
‘‘(B) The term ‘processing’ means any ac-
tivity to reduce the volume of solid waste or
alter its chemical, biological or physical state,
through processes such as thermal treatment,
bailing, composting, crushing, shredding, sepa-
ration, or compaction.
‘‘(j) IMPLEMENTATION
AND ENFORCEMENT.—Any
State may adopt such laws and regulations, not incon-
sistent with this section, as are necessary to implement
and enforce this section, including provisions for penalties.
‘‘(k) EFFECT
ON
INTERSTATE
COMMERCE.—No
State or local government action taken as authorized by
this section, including the establishment of a limit pursu-
ant to subsection (f) or the enactment or execution of a
law or regulation described in subsection (c)(6), (g), (h),
(i), or (j), shall be considered to impose an undue burden
on interstate commerce or to otherwise impair, restrain,
or discriminate against interstate commerce.
‘‘(l) ANNUAL STATE REPORT.—Each year the owner
or operator of each landfill or incinerator receiving out-
of-State municipal solid waste shall submit to the Gov-
ernor of the State in which the landfill or incinerator is
located information specifying the amount of out-of-State
municipal solid waste received for disposal during the pre-
ceding year. Each year each such State shall publish and
make available to the public a report containing informa-
tion on the amount of out-of-State municipal solid waste
received for disposal in the State during the preceding
year.
‘‘(m) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—The
term ‘affected local government’ means—
‘‘(A) the public body authorized by State
law to plan for the management of municipal
solid waste, a majority of the members of which
are elected officials, for the area in which a
landfill or incinerator is located or proposed to
be located;
‘‘(B) if there is no such body authorized by
State law, the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility over municipal solid
waste management or the use of land in the ju-
risdiction in which a landfill or incinerator is lo-
cated or proposed to be located; or
‘‘(C) contiguous units of local government
located in each of 2 or more adjoining States
acting jointly as an affected local government,
pursuant to the authority provided in section
1005(b), for purposes of providing authoriza-
tion under subsection (b), (c), or (d) for munic-
ipal solid waste generated in the jurisdiction of
one of those units of local government and re-
ceived for disposal or incineration in the juris-
diction of another.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding agreement, lawfully entered into be-
tween an owner or operator of a landfill or inciner-
ator and an affected local government that specifi-
cally authorizes the landfill or incinerator to receive
out-of-State municipal solid waste.
‘‘(3) MUNICIPAL SOLID WASTE.—
‘‘(A) WASTE INCLUDED.—Except as pro-
vided in subparagraph (B), the term ‘municipal
solid waste’ means—
‘‘(i) all waste materials discarded for
disposal by households, including single
and multifamily residences, and hotels and
motels; and
‘‘(ii) all waste materials discarded for
disposal that were generated by commer-
cial, institutional, municipal, and industrial
sources, to the extent such materials—
‘‘(I) are essentially the same as
materials described in clause (i); or
‘‘(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause (I)
of this clause as part of normal mu-
nicipal solid waste collection services,
except that this subclause does not
apply to hazardous materials other
than hazardous materials that, pursu-
ant to regulations issued under sec-
tion 3001(d), are not subject to regu-
lation under subtitle C.
Examples of municipal solid waste include food
and yard waste, paper, clothing, appliances,
consumer product packaging, disposable dia-
pers, office supplies, cosmetics, glass and metal
food containers, and household hazardous
waste. Such term shall include debris resulting
from construction, remodeling, repair, or demo-
lition of structures.
‘‘(B) WASTE NOT INCLUDED.—The term
‘municipal solid waste’ does not include any of
the following:
‘‘(i) Any solid waste identified or list-
ed as a hazardous waste under section
3001, except for household hazardous
waste.
‘‘(ii) Any solid waste, including con-
taminated soil and debris, resulting from—
‘‘(I) a response action taken
under section 104 or 106 of the Com-
prehensive Environmental Response,
Compensation, and Liability Act (42
U.S.C. 9604 or 9606);
‘‘(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
‘‘(III) a corrective action taken
under this Act.
‘‘(iii) Recyclable materials that have
been separated, at the source of the waste,
from waste otherwise destined for disposal
or that have been managed separately from
waste destined for disposal.
‘‘(iv) Scrap rubber to be used as a
fuel source.
‘‘(v) Materials and products returned
from a dispenser or distributor to the man-
ufacturer or an agent of the manufacturer
for credit, evaluation, and possible reuse.
‘‘(vi) Any solid waste that is—
‘‘(I) generated by an industrial
facility; and
‘‘(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by
the generator or a company with
which the generator is affiliated, or
the capacity of which is contractually
dedicated exclusively to a specific gen-
erator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
‘‘(vii) Any medical waste that is seg-
regated from or not mixed with solid
waste.
‘‘(viii) Sewage sludge and residuals
from any sewage treatment plant, includ-
ing any sewage treatment plant required to
be constructed in the State of Massachu-
setts pursuant to any court order issued
against the Massachusetts Water Re-
sources Authority.
‘‘(ix) Combustion ash generated by re-
source recovery facilities or municipal in-
cinerators, or waste from manufacturing or
processing (including pollution control) op-
erations not essentially the same as waste
normally generated by households.
‘‘(4) 
OUT-OF-STATE
MUNICIPAL
SOLID
WASTE.—The term ‘out-of-State municipal solid
waste’ means, with respect to any State, municipal
solid waste generated outside of the State. The term
includes municipal solid waste generated outside of
the United States.
‘‘(5) RECYCLABLE MATERIALS.—The term ‘re-
cyclable materials’ means materials that are di-
verted, separated from, or separately managed from
materials otherwise destined for disposal as solid
waste, by collecting, sorting, or processing for use as
raw materials or feedstocks in lieu of, or in addition
to, virgin materials, including petroleum, in the
manufacture of usable materials or products.
‘‘(6) SPECIFICALLY
AUTHORIZES.—The term
‘specifically authorizes’ refers to an explicit author-
ization, contained in a host community agreement or
permit, to import municipal solid waste from outside
the State. Such authorization may include a ref-
erence to a fixed radius surrounding the landfill or
incinerator which includes an area outside the State
or a reference to ‘any place of origin’, reference to
specific places outside the State, or use of such
phrases as ‘regardless of origin’ or ‘outside the
State’. The language for such authorization must
clearly and affirmatively state the approval or con-
sent of the affected local government or State for re-
ceipt of municipal solid waste from sources or loca-
tions outside the State from which the owner or op-
erator of a landfill or incinerator proposes to import
it. The term shall not include general references to
the receipt of waste from outside the jurisdiction of
the affected local government.’’.
(b) TABLE OF CONTENTS.—The table of contents of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding after the item relating to section 4010
the following new item:
‘‘Sec. 4011. Receipt and disposal of out-of-State municipal solid waste.’’.
(c) INCIDENT REPORTS.—Not later than one year
after the date of the enactment of this Act and annually
for the next two years, the General Accounting Office shall
submit a report to the Committee on Commerce of the
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate that contains the
following information:
(1) Available information for each State that
imports municipal solid waste detailing any incidents
or circumstances where waste materials that are not
authorized by permit to be disposed of at a landfill
or incinerator have been discovered in the imported
municipal solid waste during the transportation,
processing, or disposal of such waste. Such unau-
thorized waste materials can include hazardous
waste, medical waste, radioactive waste, and indus-
trial waste.
(2) For each incident or circumstance identified
under paragraph (1), an indication of the method or
circumstances of detection, and the identity of the
source of the waste, the transporter, and the dis-
posal facility.
(3) For each incident or circumstance identified
under paragraph (1), an indication of whether any-
one was cited for a violation, and if so the nature
of the violation and any penalty assessed.
SEC. 3. CONGRESSIONAL AUTHORIZATION OF STATE AND
LOCAL MUNICIPAL SOLID WASTE FLOW CON-
TROL.
(a) AMENDMENT OF SUBTITLE D.—Subtitle D of the
Solid Waste Disposal Act is amended by adding after sec-
tion 4011 the following new section:
‘‘SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE
AND LOCAL GOVERNMENT CONTROL OVER
MOVEMENT OF MUNICIPAL SOLID WASTE
AND RECYCLABLE MATERIALS.
‘‘(a) FLOW CONTROL AUTHORITY FOR FACILITIES
PREVIOUSLY DESIGNATED.—Any State or political sub-
division thereof is authorized to exercise flow control au-
thority to direct the movement of municipal solid waste
and recyclable materials voluntarily relinquished by the
owner or generator thereof to particular waste manage-
ment facilities, or facilities for recyclable materials, des-
ignated as of the suspension date, if each of the following
conditions are met:
‘‘(1) The waste and recyclable materials are
generated within the jurisdictional boundaries of
such State or political subdivision, as such jurisdic-
tion was in effect on the suspension date.
‘‘(2) Such flow control authority is imposed
through the adoption or execution of a law, ordi-
nance, regulation, resolution, or other legally binding
provision or official act of the State or political sub-
division that—
‘‘(A) was in effect on the suspension date;
‘‘(B) was in effect prior to the issuance of
an injunction or other order by a court based
on a ruling that such law, ordinance, regula-
tion, resolution, or other legally binding provi-
sion or official act violated the Commerce
Clause of the United States Constitution; or
‘‘(C) was in effect immediately prior to
suspension or partial suspension thereof by leg-
islative or official administrative action of the
State or political subdivision expressly because
of the existence of an injunction or other court
order of the type described in subparagraph (B)
issued by a court of competent jurisdiction.
‘‘(3) The State or a political subdivision thereof
has, for one or more of such designated facilities—
‘‘(A) on or before the suspension date, pre-
sented eligible bonds for sale;
‘‘(B) on or before the suspension date,
issued a written public declaration or regulation
stating that bonds would be issued and held
hearings regarding such issuance, and subse-
quently presented eligible bonds for sale within
180 days of the declaration or regulation; or
‘‘(C) on or before the suspension date, exe-
cuted a legally binding contract or agreement
that—
‘‘(i) was in effect as of the suspension
date;
‘‘(ii) obligates the delivery of a min-
imum quantity of municipal solid waste or
recyclable materials to one or more such
designated waste management facilities or
facilities for recyclable materials; and
‘‘(iii) either—
‘‘(I) obligates the State or polit-
ical subdivision to pay for that min-
imum quantity of waste or recyclable
materials even if the stated minimum
quantity of such waste or recyclable
materials is not delivered within a re-
quired timeframe; or
‘‘(II) otherwise imposes liability
for damages resulting from such fail-
ure.
‘‘(b) WASTE STREAM SUBJECT
TO FLOW CON-
TROL.—Subsection (a) authorizes only the exercise of flow
control authority with respect to the flow to any des-
ignated facility of the specific classes or categories of mu-
nicipal solid waste and voluntarily relinquished recyclable
materials to which such flow control authority was applica-
ble on the suspension date and—
‘‘(1) in the case of any designated waste man-
agement facility or facility for recyclable materials
that was in operation as of the suspension date, only
if the facility concerned received municipal solid
waste or recyclable materials in those classes or cat-
egories on or before the suspension date; and
‘‘(2) in the case of any designated waste man-
agement facility or facility for recyclable materials
that was not yet in operation as of the suspension
date, only of the classes or categories that were
clearly identified by the State or political subdivision
as of the suspension date to be flow controlled to
such facility.
‘‘(c) DURATION OF FLOW CONTROL AUTHORITY.—
Flow control authority may be exercised pursuant to this
section with respect to any facility or facilities only until
the later of the following:
‘‘(1) The final maturity date of the bond re-
ferred to in subsection (a)(3)(A) or (B).
‘‘(2) The expiration date of the contract or
agreement referred to in subsection (a)(3)(C).
‘‘(3) The adjusted expiration date of a bond
issued for a qualified environmental retrofit.
The dates referred to in paragraphs (1) and (2) shall be
determined based upon the terms and provisions of the
bond or contract or agreement. In the case of a contract
or agreement described in subsection (a)(3)(C) that has
no specified expiration date, for purposes of paragraph (2)
of this subsection the expiration date shall be the first date
that the State or political subdivision that is a party to
the contract or agreement can withdraw from its respon-
sibilities under the contract or agreement without being
in default thereunder and without substantial penalty or
other substantial legal sanction. The expiration date of a
contract or agreement referred to in subsection (a)(3)(C)
shall be deemed to occur at the end of the period of an
extension exercised during the term of the original con-
tract or agreement, if the duration of that extension was
specified by such contract or agreement as in effect on
the suspension date.
‘‘(d) INDEMNIFICATION
FOR CERTAIN TRANSPOR-
TATION.—Notwithstanding any other provision of this sec-
tion, no State or political subdivision may require any per-
son to transport municipal solid waste or recyclable mate-
rials, or to deliver such waste or materials for transpor-
tation, to any active portion of a municipal solid waste
landfill unit if contamination of such active portion is a
basis for listing of the municipal solid waste landfill unit
on the National Priorities List established under the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 unless such State or political subdivi-
sion or the owner or operator of such landfill unit has in-
demnified that person against all liability under that Act
with respect to such waste or materials.
‘‘(e) OWNERSHIP
OF RECYCLABLE MATERIALS.—
Nothing in this section shall authorize any State or polit-
ical subdivision to require any person to sell or transfer
any recyclable materials to such State or political subdivi-
sion.
‘‘(f) LIMITATION ON REVENUE.—A State or political
subdivision may exercise the flow control authority grant-
ed in this section only if the State or political subdivision
limits the use of any of the revenues it derives from the
exercise of such authority to the payment of one or more
of the following:
‘‘(1) Principal and interest on any eligible bond.
‘‘(2) Principal and interest on a bond issued for
a qualified environmental retrofit.
‘‘(3) Payments required by the terms of a con-
tract referred to in subsection (a)(3)(C).
‘‘(4) Other expenses necessary for the operation
and maintenance and closure of designated facilities
and other integral facilities identified by the bond
necessary for the operation and maintenance of such
designated facilities.
‘‘(5) To the extent not covered by paragraphs
(1) through (4), expenses for recycling, composting,
and household hazardous waste activities in which
the State or political subdivision was engaged before
the suspension date. The amount and nature of pay-
ments described in this paragraph shall be fully dis-
closed to the public annually.
‘‘(g) INTERIM CONTRACTS.—A contract of the type
referred to in subsection (a)(3)(C) that was entered into
during the period—
‘‘(1) before November 10, 1995, and after the
effective date of any applicable final court order no
longer subject to judicial review specifically invali-
dating the flow control authority of the applicable
State or political subdivision; or
‘‘(2) after the applicable State or political sub-
division refrained pursuant to legislative or official
administrative action from enforcing flow control au-
thority expressly because of the existence of a court
order of the type described in subsection (a)(2)(B)
issued by a court of the same State or the Federal
judicial circuit within which such State is located
and before the effective date on which it resumes en-
forcement of flow control authority after enactment
of this section,
shall be fully enforceable in accordance with State law.
‘‘(h) AREAS WITH PRE-1984 FLOW CONTROL.—
‘‘(1) GENERAL AUTHORITY.—A State that on
or before January 1, 1984—
‘‘(A) adopted regulations under a State
law that required or directed transportation,
management, or disposal of municipal solid
waste from residential, commercial, institu-
tional, or industrial sources (as defined under
State law) to specifically identified waste man-
agement facilities, and applied those regulations
to every political subdivision of the State; and
‘‘(B) subjected such waste management fa-
cilities to the jurisdiction of a State public utili-
ties commission,
may exercise flow control authority over municipal
solid waste in accordance with the other provisions
of this section.
‘‘(2) DURATION OF AUTHORITY.—The authority
to direct municipal solid waste to any facility pursu-
ant to this subsection shall terminate with regard to
such facility in accordance with subsection (c).
‘‘(i) EFFECT ON AUTHORITY OF STATES AND POLIT-
ICAL SUBDIVISIONS.—Nothing in this section shall be
interpreted—
‘‘(1) to authorize a political subdivision to exer-
cise the flow control authority granted by this sec-
tion in a manner inconsistent with State law;
‘‘(2) to permit the exercise of flow control au-
thority over municipal solid waste and recyclable ma-
terials to an extent greater than the maximum vol-
ume authorized by State permit to be disposed at
the waste management facility or processed at the
facility for recyclable materials;
‘‘(3) to limit the authority of any State or polit-
ical subdivision to place a condition on a franchise,
license, or contract for municipal solid waste or recy-
clable materials collection, processing, or disposal; or
‘‘(4) to impair in any manner the authority of
any State or political subdivision to adopt or enforce
any law, ordinance, regulation, or other legally bind-
ing provision or official act relating to the movement
or processing of municipal solid waste or recyclable
materials which does not constitute discrimination
against or an undue burden upon interstate com-
merce.
‘‘(j) EFFECTIVE DATE.—The provisions of this sec-
tion shall take effect with respect to the exercise by any
State or political subdivision of flow control authority on
or after the date of enactment of this section. Such provi-
sions, other than subsection (d), shall also apply to the
exercise by any State or political subdivision of flow con-
trol authority before such date of enactment, except that
nothing in this section shall affect any final judgment that
is no longer subject to judicial review as of the date of
enactment of this section insofar as such judgment award-
ed damages based on a finding that the exercise of flow
control authority was unconstitutional.
‘‘(k) STATE SOLID WASTE DISTRICT AUTHORITY.—
In addition to any other flow control authority authorized
under this section a solid waste district or a political sub-
division of a State may exercise flow control authority for
a period of 20 years after the enactment of this section,
for municipal solid waste and for recyclable materials that
is generated within its jurisdiction if—
‘‘(1) the solid waste district, or a political sub-
division within such district, is required through a
recyclable materials recycling program to meet a
municipal solid waste reduction goal of at least 30
percent by the year 2005, and uses revenues gen-
erated by the exercise of flow control authority
strictly to implement programs to manage municipal
solid waste and recyclable materials, other than in-
cineration programs; and
‘‘(2) prior to the suspension date, the solid
waste district, or a political subdivision within such
district—
‘‘(A) was responsible under State law for
the management and regulation of the storage,
collection, processing, and disposal of solid
wastes within its jurisdiction;
‘‘(B) was authorized by State statute (en-
acted prior to January 1, 1992) to exercise flow
control authority, and subsequently adopted or
sought to exercise the authority through a law,
ordinance, regulation, regulatory proceeding,
contract, franchise, or other legally binding pro-
vision; and
‘‘(C) was required by State statute (en-
acted prior to January 1, 1992) to develop and
implement a solid waste management plan con-
sistent with the State solid waste management
plan, and the district solid waste management
plan was approved by the appropriate State
agency prior to September 15, 1994.
‘‘(l) SPECIAL RULE FOR CERTAIN CONSORTIA.—For
purposes of this section, if—
‘‘(1) two or more political subdivisions are
members of a consortium of political subdivisions es-
tablished to exercise flow control authority with re-
spect to any waste management facility or facility
for recyclable materials;
‘‘(2) all of such members have either presented
eligible bonds for sale or executed contracts with the
owner or operator of the facility requiring use of
such facility;
‘‘(3) the facility was designated as of the sus-
pension date by at least one of such members;
‘‘(4) at least one of such members has met the
requirements of subsection (a)(2) with respect to
such facility; and
‘‘(5) at least one of such members has pre-
sented eligible bonds for sale, or entered into a con-
tract or agreement referred to in subsection
(a)(3)(C), on or before the suspension date, for such
facility,
the facility shall be treated as having been designated, as
of May 16, 1994, by all members of such consortium, and
all such members shall be treated as meeting the require-
ments of subsection (a)(2) and (3) with respect to such
facility.
‘‘(m) RECOVERY OF DAMAGES.—
‘‘(1) PROHIBITION.—No damages, interest on
damages, costs, or attorneys’ fees may be recovered
in any claim against any State or local government,
or official or employee thereof, based on the exercise
of flow control authority on or before May 16, 1994.
‘‘(2) APPLICABILITY.—Paragraph (1) shall
apply to cases commenced on or after the date of en-
actment of the Solid Waste Interstate Transpor-
tation and Local Authority Act of 1999, and shall
apply to cases commenced before such date except
cases in which a final judgment no longer subject to
judicial review has been rendered.
‘‘(n) DEFINITIONS.—For the purposes of this
section—
‘‘(1) ADJUSTED EXPIRATION DATE.—The term
‘adjusted expiration date’ means, with respect to a
bond issued for a qualified environmental retrofit,
the earlier of the final maturity date of such bond
or 15 years after the date of issuance of such bond.
‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON-
MENTAL RETROFIT.—The term ‘bond issued for a
qualified environmental retrofit’ means a bond de-
scribed in paragraph (4)(A) or (B), the proceeds of
which are dedicated to financing the retrofitting of
a resource recovery facility or a municipal solid
waste incinerator necessary to comply with section
129 of the Clean Air Act, provided that such bond
is presented for sale before the expiration date of the
bond or contract referred to in subsection (a)(3)(A),
(B), or (C) that is applicable to such facility and no
later than December 31, 1999.
‘‘(3) DESIGNATED.—The term ‘designated’
means identified by a State or political subdivision
for receipt of all or any portion of the municipal
solid waste or recyclable materials that is generated
within the boundaries of the State or political sub-
division. Such designation includes designation
through—
‘‘(A) bond covenants, official statements,
or other official financing documents issued by
a State or political subdivision issuing an eligi-
ble bond; and
‘‘(B) the execution of a contract of the
type described in subsection (a)(3)(C),
in which one or more specific waste management fa-
cilities are identified as the requisite facility or facili-
ties for receipt of municipal solid waste or recyclable
materials generated within the jurisdictional bound-
aries of that State or political subdivision.
‘‘(4) ELIGIBLE BOND.—The term ‘eligible bond’
means—
‘‘(A) a revenue bond or similar instrument
of indebtedness pledging payment to the bond-
holder or holder of the debt of identified reve-
nues; or
‘‘(B) a general obligation bond,
the proceeds of which are used to finance one or
more designated waste management facilities, facili-
ties for recyclable materials, or specifically and di-
rectly related assets, development costs, or finance
costs, as evidenced by the bond documents.
‘‘(5) FLOW CONTROL AUTHORITY.—The term
‘flow control authority’ means the regulatory author-
ity to control the movement of municipal solid waste
or voluntarily relinquished recyclable materials and
direct such solid waste or recyclable materials to one
or more designated waste management facilities or
facilities for recyclable materials within the bound-
aries of a State or political subdivision.
‘‘(6) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ has the meaning given that
term in section 4011, except that such term—
‘‘(A) includes waste material removed from
a septic tank, septage pit, or cesspool (other
than from portable toilets); and
‘‘(B) does not include—
‘‘(i) any substance the treatment and
disposal of which is regulated under the
Toxic Substances Control Act;
‘‘(ii) waste generated during scrap
processing and scrap recycling; or
‘‘(iii) construction and demolition de-
bris, except where the State or political
subdivision had on or before January 1,
1989, issued eligible bonds secured pursu-
ant to State or local law requiring the de-
livery of construction and demolition debris
to a waste management facility designated
by such State or political subdivision.
‘‘(7) POLITICAL SUBDIVISION.—The term ‘polit-
ical subdivision’ means a city, town, borough, coun-
ty, parish, district, or public service authority or
other public body created by or pursuant to State
law with authority to present for sale an eligible
bond or to exercise flow control authority.
‘‘(8) RECYCLABLE MATERIALS.—The term ‘re-
cyclable materials’ means any materials that have
been separated from waste otherwise destined for
disposal (either at the source of the waste or at
processing facilities) or that have been managed sep-
arately from waste destined for disposal, for the pur-
pose of recycling, reclamation, composting of organic
materials such as food and yard waste, or reuse
(other than for the purpose of incineration). Such
term includes scrap tires to be used in resource re-
covery.
‘‘(9) SUSPENSION DATE.—The term ‘suspension
date’ means, with respect to a State or political
subdivision—
‘‘(A) May 16, 1994;
‘‘(B) the date of an injunction or other
court order described in subsection (a)(2)(B)
that was issued with respect to that State or
political subdivision; or
‘‘(C) the date of a suspension or partial
suspension described in subsection (a)(2)(C)
with respect to that State or political subdivi-
sion.
‘‘(10) WASTE
MANAGEMENT
FACILITY.—The
term ‘waste management facility’ means any facility
for separating, storing, transferring, treating, proc-
essing, combusting, or disposing of municipal solid
waste.’’.
(b) TABLE OF CONTENTS.—The table of contents for
subtitle D of the Solid Waste Disposal Act is amended
by adding the following new item after the item relating
to section 4011:
‘‘Sec. 4012. Congressional authorization of State and local government control
over movement of municipal solid waste and recyclable mate-
rials.’’.
Æ