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‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall
be interpreted or construed—
‘‘(1) to have any effect on State law relating to
contracts; or
‘‘(2) to affect the authority of any State or local
government to protect public health and the environ-
ment through laws, regulations, and permits, includ-
ing the authority to limit the total amount of munici-
pal solid waste that landfill or incinerator owners or
operators within the jurisdiction of a State may ac-
cept during a prescribed period: Provided That such
limitations do not discriminate between in-State and
out-of-State municipal solid waste, except to the ex-
tent authorized by this section.
‘‘(f) DEFINITIONS.—As used in this section:
‘‘(1)(A) The term ‘affected local government’,
used with respect to a landfill or incinerator,
means—
‘‘(i) the public body created by State law
with responsibility to plan for municipal solid
waste management, a majority of the members of
which are elected officials, for the area in which
the facility is located or proposed to be located;
or
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‘‘(ii) 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 the facility is located or is
proposed to be located.
‘‘(B)(i) Within 90 days after the date of enact-
ment of this section, a Governor may designate and
publish notice of which entity listed in clause (i) or
(ii) of subparagraph (A) shall serve as the affected
local government for actions taken under this section
and after publication of such notice.
‘‘(ii) If a Governor fails to make and publish no-
tice of such a designation, the affected local govern-
ment shall be the elected officials of the city, town,
township, borough, county, parish, or other public
body created pursuant to State law with primary ju-
risdiction over the land or the use of land on which
the facility is located or is proposed to be located.
‘‘(C) For purposes of host community agreements
entered into before the date of publication of the no-
tice, the term means either a public body described in
subparagraph (A)(i) or the elected officials of any of
the public bodies described in subparagraph (A)(ii).
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‘‘(2) HOST COMMUNITY AGREEMENT.—The term
‘host community agreement’ means a written, legally
binding document or documents executed by duly au-
thorized officials of the affected local government that
specifically authorizes a landfill or incinerator to re-
ceive municipal solid waste generated out of State,
but does not include any agreement to pay host com-
munity fees for receipt of waste unless additional ex-
press authorization to receive out-of-State waste is
also included.
‘‘(3) The term ‘out-of-State municipal solid
waste’ means, with respect to any State, municipal
solid waste generated outside of the State. Unless the
President determines it is inconsistent with the North
American Free Trade Agreement and the General
Agreement on Tariffs and Trade, the term shall in-
clude municipal solid waste generated outside of the
United States. Notwithstanding any other provision
of law, generators of municipal solid waste outside the
United States shall possess no greater right of access
to disposal facilities in a State than United States
generators of municipal solid waste outside of that
State.
‘‘(4) The term ‘municipal solid waste’ means
refuse (and refuse-derived fuel) generated by the gen-
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eral public or from a residential, commercial, institu-
tional, or industrial source (or any combination
thereof), consisting of paper, wood, yard wastes, plas-
tics, leather, rubber, or other combustible or non-
combustible materials such as metal or glass (or any
combination thereof). The term ‘municipal solid
waste’ does not include—
‘‘(A) any solid waste identified or listed as
a hazardous waste under section 3001;
‘‘(B) any solid waste, including contami-
nated soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9604 or 9606) or a corrective action taken under
this Act;
‘‘(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated
or diverted from municipal solid waste (as other-
wise defined in this paragraph) and has been
transported into a State for the purpose of recy-
cling or reclamation;
‘‘(D) any solid waste that is—
‘‘(i) generated by an industrial facil-
ity; and
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‘‘(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator
of the waste, or is located on property
owned by the generator of the waste, or is
located on property owned by a company in
which the generator of the waste has an
ownership interest;
‘‘(E) any solid waste generated incident to
the provision of service in interstate, intrastate,
foreign, or overseas air transportation;
‘‘(F) any industrial waste that is not iden-
tical to municipal solid waste (as otherwise de-
fined in this paragraph) with respect to the
physical and chemical state of the industrial
waste, and composition, including construction
and demolition debris;
‘‘(G) any medical waste that is segregated
from or not mixed with municipal solid waste
(as otherwise defined in this paragraph); or
‘‘(H) any material or product returned
from a dispenser or distributor to the manufac-
turer for credit, evaluation, or possible reuse.
‘‘(5) The term ‘compliance’ means a pattern or
practice of adhering to and satisfying standards and
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requirements promulgated by the Federal or a State
government for the purpose of preventing significant
harm to human health and the environment. Actions
undertaken in accordance with compliance schedules
for remediation established by Federal or State en-
forcement authorities shall be considered compliance
for purposes of this section.
‘‘(6) The terms ‘specifically authorized’ and ‘spe-
cifically authorizes’ refer to an explicit authorization,
contained in a host community agreement or permit,
to import waste from outside the State. Such author-
ization may include a reference to a fixed radius sur-
rounding the landfill or incinerator that 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 may
vary as long as it clearly and affirmatively states the
approval or consent of the affected local government
or State for receipt of municipal solid waste from
sources outside the State.
‘‘(g) IMPLEMENTATION
AND
ENFORCEMENT.—Any
State may adopt such laws and regulations, not inconsist-
ent with this section, as are necessary to implement and
enforce this section, including provisions for penalties.’’.
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(B) TABLE
OF
CONTENTS
AMENDMENT.—
The table of contents in section 1001 of the Solid
Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding at the end of the items relat-
ing to subtitle D the following new item:
‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.
(2) NEEDS DETERMINATION.—The Governor of a
State may accept, deny or modify an application for
a municipal solid waste management facility permit
if—
(A) it is done in a manner that is not in-
consistent with the provisions of this section;
(B) a State law enacted in 1990 and a reg-
ulation adopted by the governor in 1991 specifi-
cally requires the permit applicant to dem-
onstrate that there is a local or regional need
within the State for the facility; and
(C) the permit applicant fails to dem-
onstrate that there is a local or regional need
within the State for the facility.
(b) FLOW CONTROL.—
(1) STATE AND LOCAL GOVERNMENT CONTROL OF
MOVEMENT OF MUNICIPAL SOLID WASTE AND RECY-
CLABLE MATERIAL.—Subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.), as amended by
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to a designated waste management facility or facility
for recyclable material.
‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu-
nicipal solid waste’ means—
‘‘(A) solid waste generated by the general
public or from a residential, commercial, institu-
tional, or industrial source, consisting of paper,
wood, yard waste, plastics, leather, rubber, and
other combustible material and noncombustible
material such as metal and glass, including resi-
due remaining after recyclable material has been
separated from waste destined for disposal, and
including waste material removed from a septic
tank, septage pit, or cesspool (other than from
portable toilets); but
‘‘(B) does not include—
‘‘(i) waste identified or listed as a haz-
ardous waste under section 3001 of this Act
or waste regulated under the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.);
‘‘(ii) waste, including contaminated
soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive 
Environmental 
Response,
Compensation, and Liability Act of 1980
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(42 U.S.C. 9604, 9606) or any corrective
action taken under this Act;
‘‘(iii) medical waste listed in section
11002;
‘‘(iv) industrial waste generated by
manufacturing or industrial processes, in-
cluding waste generated during scrap proc-
essing and scrap recycling;
‘‘(v) recyclable material; or
‘‘(vi) sludge.
‘‘(4) PUBLIC
SERVICE
AUTHORITY.—The term
‘public service authority’ means—
‘‘(A) an authority or authorities created
pursuant to State legislation to provide individ-
ually or in combination solid waste management
services to political subdivisions;
‘‘(B) other body created pursuant to State
law; or
‘‘(C) an authority that was issued a certifi-
cate of incorporation by a State corporation
commission established by a State constitution.
‘‘(5) PUT OR PAY AGREEMENT.—(A) The term
‘put or pay agreement’ means an agreement that obli-
gates or otherwise requires a State or political sub-
division to—
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‘‘(i) deliver a minimum quantity of munici-
pal solid waste to a waste management facility;
and
‘‘(ii) pay for that minimum quantity of
municipal solid waste even if the stated mini-
mum quantity of municipal solid waste is not
delivered within a required period of time.
‘‘(B) For purposes of the authority conferred by
subsections (b) and (c), the term ‘legally binding pro-
vision of the State or political subdivision’ includes a
put or pay agreement that designates waste to a
waste management facility that was in operation on
or before December 31, 1988 and that requires an ag-
gregate tonnage to be delivered to the facility during
each operating year by the political subdivisions
which have entered put or pay agreements designat-
ing that waste management facility.
‘‘(C) The entering into of a put or pay agree-
ment shall be considered to be a designation (as de-
fined in subsection (a)(1)) for all purposes of this
title.
‘‘(6) RECYCLABLE MATERIAL.—The term ‘recy-
clable material’ means material that has been sepa-
rated from waste otherwise destined for disposal (at
the source of the waste or at a processing facility) or
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has been managed separately from waste destined for
disposal, for the purpose of recycling, reclamation,
composting of organic material such as food and yard
waste, or reuse (other than for the purpose of inciner-
ation).
‘‘(7) WASTE MANAGEMENT FACILITY.—The term
‘waste management facility’ means a facility that col-
lects, separates, stores, transports, transfers, treats,
processes, combusts, or disposes of municipal solid
waste.
‘‘(b) AUTHORITY.—
‘‘(1) IN
GENERAL.—Each State, political sub-
division of a State, and public service authority may
exercise flow control authority for municipal solid
waste and for recyclable material voluntarily relin-
quished by the owner or generator of the material that
is generated within its jurisdiction by directing the
municipal solid waste or recyclable material to a
waste management facility or facility for recyclable
material, if such flow control authority—
‘‘(A)(i) had been exercised prior to May 15,
1994, and was being implemented on May 15,
1994, pursuant to a law, ordinance, regulation,
or other legally binding provision of the State or
political subdivision; or
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‘‘(ii) had been exercised prior to May 15,
1994, but implementation of such law, ordi-
nance, regulation, or other legally binding provi-
sion of the State or political subdivision was
prevented by an injunction, temporary restrain-
ing order, or other court action, or was sus-
pended by the voluntary decision of the State or
political subdivision because of the existence of
such court action;
‘‘(B) has been implemented by designating
before May 15, 1994, the particular waste man-
agement facilities or public service authority to
which the municipal solid waste or recyclable
material is to be delivered, which facilities were
in operation as of May 15, 1994, or were in op-
eration prior to May 15, 1994 and were tempo-
rarily inoperative on May 15, 1994.
‘‘(2) LIMITATION.—The authority of this section
extends only to the specific classes or categories of mu-
nicipal solid waste to which flow control authority re-
quiring a movement to a waste management facility
was actually applied on or before May 15, 1994 (or,
in the case of a State, political subdivision, or public
service authority that qualifies under subsection (c),
to the specific classes or categories of municipal solid
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waste for which the State, political subdivision, or
public service authority prior to May 15, 1994, had
committed to the designation of a waste management
facility).
‘‘(3) LACK OF CLEAR IDENTIFICATION.—With re-
gard to facilities granted flow control authority under
subsection (c), if the specific classes or categories of
municipal solid waste are not clearly identified, the
authority of this section shall apply only to munici-
pal solid waste generated by households.
‘‘(4) DURATION OF AUTHORITY.—With respect to
each designated waste management facility, the au-
thority of this section shall be effective until the later
of—
‘‘(A) the end of the remaining life of a con-
tract between the State, political subdivision, or
public service authority and any other person re-
garding the movement or delivery of municipal
solid waste or voluntarily relinquished recyclable
material to a designated facility (as in effect
May 15, 1994);
‘‘(B) completion of the schedule for payment
of the capital costs of the facility concerned (as
in effect May 15, 1994); or
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‘‘(C) the end of the remaining useful life of
the facility (as in existence on the date of enact-
ment of this section), as that remaining life may
be extended by—
‘‘(i) retrofitting of equipment or the
making of other significant modifications to
meet applicable environmental requirements
or safety requirements;
‘‘(ii) routine repair or scheduled re-
placement of equipment or components that
does not add to the capacity of a waste
management facility; or
‘‘(iii) expansion of the facility on land
that is—
‘‘(I) legally or equitably owned, or
under option to purchase or lease, by
the owner or operator of the facility;
and
‘‘(II) covered by the permit for the
facility (as in effect May 15, 1994).
‘‘(5) ADDITIONAL AUTHORITY.—
‘‘(A) APPLICATION
OF
PARAGRAPH.—This
paragraph applies to a State or political sub-
division of a State that, on or before January 1,
1984—
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‘‘(i) adopted regulations under State
law that required the transportation to, and
management or disposal at, waste manage-
ment facilities in the State, of—
‘‘(I) all solid waste from residen-
tial, commercial, institutional, or in-
dustrial sources (as defined under
State law); and
‘‘(II) recyclable material volun-
tarily relinquished by the owner or
generator of the recyclable material;
and
‘‘(ii) as of January 1, 1984, had im-
plemented those regulations in the case of
every political subdivision of the State.
‘‘(B) AUTHORITY.—Notwithstanding any-
thing to the contrary in this section (including
subsection (m)), a State or political subdivision
of a State described in subparagraph (A) may
continue to exercise flow control authority (in-
cluding designation of waste management facili-
ties in the State that meet the requirements of
subsection (c)) for all classes and categories of
solid waste that were subject to flow control on
January 1, 1984.
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‘‘(6) FLOW
CONTROL
ORDINANCE.—Notwith-
standing anything to the contrary in this section, but
subject to subsection (m), any political subdivision
which adopted a flow control ordinance in November
1991, and designated facilities to receive municipal
solid waste prior to April 1, 1992, may exercise flow
control authority until the end of the remaining life
of all contracts between the political subdivision and
any other persons regarding the movement or delivery
of municipal solid waste or voluntarily relinquished
recyclable material to a designated facility (as in ef-
fect May 15, 1994). Such authority shall extend only
to the specific classes or categories of municipal solid
waste to which flow control authority was actually
applied on or before May 15, 1994. The authority
under this subsection shall be exercised in accordance
with section 4012(b)(4).
‘‘(c) COMMITMENT TO CONSTRUCTION.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b)(1) (A) and (B), any political subdivision of a
State may exercise flow control authority under sub-
section (b), if—
‘‘(A)(i) the law, ordinance, regulation, or
other legally binding provision specifically pro-
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vides for flow control authority for municipal
solid waste generated within its boundaries; and
‘‘(ii) such authority was exercised prior to
May 15, 1995, and was being implemented on
May 15, 1994.
‘‘(B) prior to May 15, 1994, the political
subdivision committed to the designation of the
particular waste management facilities or public
service authority to which municipal solid waste
is to be transported or at which municipal solid
waste is to be disposed of under that law, ordi-
nance, regulation, plan, or legally binding provi-
sion.
‘‘(2) FACTORS DEMONSTRATING COMMITMENT.—
A commitment to the designation of waste manage-
ment facilities or public service authority is dem-
onstrated by 1 or more of the following factors:
‘‘(A) CONSTRUCTION PERMITS.—All permits
required for the substantial construction of the
facility were obtained prior to May 15, 1994.
‘‘(B) CONTRACTS.—All contracts for the
substantial construction of the facility were in
effect prior to May 15, 1994.
‘‘(C) REVENUE BONDS.—Prior to May 15,
1994, revenue bonds were presented for sale to
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specifically provide revenue for the construction
of the facility.
‘‘(D) CONSTRUCTION AND OPERATING PER-
MITS.—The State or political subdivision sub-
mitted to the appropriate regulatory agency or
agencies, on or before May 15, 1994, substan-
tially complete permit applications for the con-
struction and operation of the facility.
‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT DIS-
TRICT TO PURCHASE AND OPERATE EXISTING FACILITY.—
Notwithstanding subsection (b)(1) (A) and (B), a solid
waste management district that was formed by a number
of political subdivisions for the purpose of purchasing and
operating a facility owned by 1 of the political subdivisions
may exercise flow control authority under subsection (b)
if—
‘‘(1) the facility was fully licensed and in oper-
ation prior to May 15, 1994;
‘‘(2) prior to April 1, 1994, substantial negotia-
tions and preparation of documents for the formation
of the district and purchase of the facility were com-
pleted;
‘‘(3) prior to May 15, 1994, at least 80 percent
of the political subdivisions that were to participate
in the solid waste management district had adopted
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ordinances committing the political subdivisions to
participation and the remaining political subdivi-
sions adopted such ordinances within 2 months after
that date; and
‘‘(3) the financing was completed, the acquisition
was made, and the facility was placed under oper-
ation by the solid waste management district by Sep-
tember 21, 1994.
‘‘(e) CONSTRUCTED AND OPERATED.—A political sub-
division of a State may exercise flow control authority for
municipal solid waste and for recyclable material volun-
tarily relinquished by the owner or generator of the mate-
rial that is generated within its jurisdiction if—
‘‘(1) prior to May 15, 1994, the political subdivi-
sion—
‘‘(A) contracted with a public service au-
thority or with its operator to deliver or cause
to be delivered to the public service authority
substantially all of the disposable municipal
solid waste that is generated or collected by or is
within or under the control of the political sub-
division, in order to support revenue bonds is-
sued by and in the name of the public service au-
thority or on its behalf by a State entity for
waste management facilities; or
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‘‘(B) entered into contracts with a public
service authority or its operator to deliver or
cause to be delivered to the public service author-
ity substantially all of the disposable municipal
solid waste that is generated or collected by or
within the control of the political subdivision,
which imposed flow control pursuant to a law,
ordinance, regulation, or other legally binding
provision and where outstanding revenue bonds
were issued in the name of public service au-
thorities for waste management facilities; and
‘‘(2) prior to May 15, 1994, the public service
authority—
‘‘(A) issued the revenue bonds or had issued
on its behalf by a State entity for the construc-
tion of municipal solid waste facilities to which
the political subdivision’s municipal solid waste
is transferred or disposed; and
‘‘(B) commenced operation of the facilities.
The authority under this subsection shall be exercised in
accordance with section 4012(b)(4).
‘‘(f) STATE-MANDATED DISPOSAL SERVICES.—A polit-
ical subdivision of a State may exercise flow control author-
ity for municipal solid waste and for recyclable material
voluntarily relinquished by the owner or generator of the
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material that is generated within its jurisdiction if, prior
to May 15, 1994, the political subdivision—
‘‘(1) was responsible under State law for provid-
ing for the operation of solid waste facilities to serve
the disposal needs of all incorporated and unincor-
porated areas of the county;
‘‘(2) is required to initiate a recyclable materials
recycling program in order to meet a municipal solid
waste reduction goal of at least 30 percent;
‘‘(3) has been authorized by State statute to exer-
cise flow control authority and had implemented the
authority through the adoption or execution of a law,
ordinance, regulation, contract, or other legally bind-
ing provision;
‘‘(4) had incurred, or caused a public service au-
thority to incur, significant financial expenditures to
comply with State law and to repay outstanding
bonds that were issued specifically for the construc-
tion of solid waste management facilities to which the
political subdivision’s waste is to be delivered; and
‘‘(5) the authority under this subsection shall be
exercised in accordance with section 4012(b)(4).
‘‘(g) STATE SOLID WASTE DISTRICT AUTHORITY.—A
solid waste district or a political subdivision of a State may
exercise flow control authority for municipal solid waste
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contract, franchise, or other legally binding pro-
vision; and
‘‘(C) was required by State statute (enacted
prior to January 1, 1992) to develop and imple-
ment a solid waste management plan consistent
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.
‘‘(h) STATE-AUTHORIZED SERVICES AND LOCAL PLAN
ADOPTION.—A political subdivision of a State may exercise
flow control authority for municipal solid waste and for
recyclable material voluntarily relinquished by the owner
or generator of the material that is generated within its
jurisdiction if, prior to May 15, 1994, the political subdivi-
sion—
‘‘(1) had been authorized by State statute which
specifically named the political subdivision to exercise
flow control authority and had implemented the au-
thority through a law, ordinance, regulation, con-
tract, or other legally binding provision; and
‘‘(2) had adopted a local solid waste manage-
ment plan pursuant to State statute and was re-
quired by State statute to adopt such plan in order
to submit a complete permit application to construct
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a new solid waste management facility proposed in
such plan; and
‘‘(3) had presented for sale a revenue or general
obligation bond to provide for the site selection, per-
mitting, or acquisition for construction of new facili-
ties identified and proposed in its local solid waste
management plan; and
‘‘(4) includes a municipality or municipalities
required by State law to adopt a local law or ordi-
nance to require that solid waste which has been left
for collection shall be separated into recyclable, reus-
able or other components for which economic markets
exist; and
‘‘(5) is in a State that has aggressively pursued
closure of substandard municipal landfills, both by
regulatory action and under statute designed to pro-
tect deep flow recharge areas in counties where pota-
ble water supplies are derived from sole source
aquifers.
‘‘(i) RETAINED AUTHORITY.—
‘‘(1) REQUEST.—On the request of a generator of
municipal solid waste affected by this section, a State
or political subdivision may authorize the diversion
of all or a portion of the solid waste generated by the
generator making the request to an alternative solid
HR 3816 EAS
waste treatment or disposal facility, if the purpose of
the request is to provide a higher level of protection
for human health and the environment or reduce po-
tential future liability of the generator under Federal
or State law for the management of such waste, unless
the State or political subdivision determines that the
facility to which the municipal solid waste is pro-
posed to be diverted does not provide a higher level of
protection for human health and the environment or
does not reduce the potential future liability of the
generator under Federal or State law for the manage-
ment of such waste.
‘‘(2) CONTENTS.—A request under paragraph (1)
shall include information on the environmental suit-
ability of the proposed alternative treatment or dis-
posal facility and method, compared to that of the
designated facility and method.
‘‘(j) LIMITATIONS ON REVENUE.—A State or political
subdivision may exercise flow control authority under sub-
section (b), (c), (d), or (e) only if the State or political sub-
division certifies that the use of any of its revenues derived
from the exercise of that authority will be used for solid
waste management services or related landfill reclamation.
‘‘(k) REASONABLE REGULATION OF COMMERCE.—A
law, ordinance, regulation, or other legally binding provi-
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sion or official act of a State or political subdivision, as
described in subsection (b), (c), (d), or (e), that implements
flow control authority in compliance with this section shall
be considered to be a reasonable regulation of commerce ret-
roactive to its date of enactment or effective date and shall
not be considered to be an undue burden on or otherwise
considered as impairing, restraining, or discriminating
against interstate commerce.
‘‘(l) EFFECT ON EXISTING LAWS AND CONTRACTS.—
‘‘(1) ENVIRONMENTAL
LAWS.—Nothing in this
section shall be construed to have any effect on any
other law relating to the protection of human health
and the environment or the management of municipal
solid waste or recyclable material.
‘‘(2) STATE LAW.—Nothing in this section shall
be construed to authorize a political subdivision of a
State to exercise the flow control authority granted by
this section in a manner that is inconsistent with
State law.
‘‘(3) OWNERSHIP OF RECYCLABLE MATERIAL.—
Nothing in this section—
‘‘(A) authorizes a State or political subdivi-
sion of a State to require a generator or owner
of recyclable material to transfer recyclable ma-
terial to the State or political subdivision; or
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‘‘(B) prohibits a generator or owner of recy-
clable material from selling, purchasing, accept-
ing, conveying, or transporting recyclable mate-
rial for the purpose of transformation or re-
manufacture into usable or marketable material,
unless the generator or owner voluntarily made
the recyclable material available to the State or
political subdivision and relinquished any right
to, or ownership of, the recyclable material.
‘‘(m) REPEAL.—(1) Notwithstanding any provision of
this title, authority to flow control by directing municipal
solid waste or recyclable materials to a waste management
facility shall terminate on the date that is 30 years after
the date of enactment of this Act.
‘‘(2) This section and the item relating to this section
in the table of contents for subtitle D of the Solid Waste
Disposal Act are repealed effective as of the date that is
30 years after the date of enactment of this Act.
‘‘(n) TITLE NOT APPLICABLE TO LISTED FACILI-
TIES.—Notwithstanding any other provision of this title,
the authority to exercise flow control shall not apply to any
facility that—
‘‘(1) on the date of enactment of this Act, is list-
ed on the National Priorities List under the Com-
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prehensive Environmental, Response, Compensation
and Liability Act (42 U.S.C. 9601 et seq.); or
‘‘(2) as of May 15, 1994, was the subject of a
pending proposal by the Administrator of the Envi-
ronmental Protection Agency to be listed on the Na-
tional Priorities List.’’.
(2) TABLE
OF
CONTENTS
AMENDMENT.—The
table of contents for subtitle D in section 1001 of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901), as
amended by subsection (a)(1)(B), is amended by add-
ing after the item relating to section 4011 the follow-
ing new item:
‘‘Sec. 4012. State and local government control of movement of municipal solid
waste and recyclable material.’’.
(c) GROUND WATER MONITORING.—
(1) AMENDMENT
OF
SOLID
WASTE
DISPOSAL
ACT.—Section 4010(c) of the Solid Waste Disposal
Act (42 U.S.C. 6949a(c)) is amended—
(A) by striking ‘‘CRITERIA.—Not later’’ and
inserting the following: ‘‘CRITERIA.—
‘‘(1) IN GENERAL.—Not later’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) ADDITIONAL REVISIONS.—Subject to para-
graph (2), the requirements of the criteria described
in paragraph (1) relating to ground water monitor-
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ing shall not apply to an owner or operator of a new
municipal solid waste landfill unit, an existing mu-
nicipal solid waste landfill unit, or a lateral expan-
sion of a municipal solid waste landfill unit, that dis-
poses of less than 20 tons of municipal solid waste
daily, based on an annual average, if—
‘‘(A) there is no evidence of ground water
contamination from the municipal solid waste
landfill unit or expansion; and
‘‘(B) the municipal solid waste landfill unit
or expansion serves—
‘‘(i) a community that experiences an
annual interruption of at least 3 consecu-
tive months of surface transportation that
prevents access to a regional waste manage-
ment facility; or
‘‘(ii) a community that has no prac-
ticable waste management alternative and
the landfill unit is located in an area that
annually receives less than or equal to 25
inches of precipitation.
‘‘(3) PROTECTION
OF
GROUND
WATER
RE-
SOURCES.—
‘‘(A) MONITORING REQUIREMENT.—A State
may require ground water monitoring of a solid
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waste landfill unit that would otherwise be ex-
empt under paragraph (2) if necessary to protect
ground water resources and ensure compliance
with a State ground water protection plan,
where applicable.
‘‘(B) 
METHODS.—If 
a 
State 
requires
ground water monitoring of a solid waste land-
fill unit under subparagraph (A), the State may
allow the use of a method other than the use of
ground water monitoring wells to detect a release
of contamination from the unit.
‘‘(C) CORRECTIVE ACTION.—If a State finds
a release from a solid waste landfill unit, the
State shall require corrective action as appro-
priate.
‘‘(4) ALASKA NATIVE VILLAGES.—Upon certifi-
cation by the Governor of the State of Alaska that ap-
plication of the requirements of the criteria described
in paragraph (1) to a solid waste landfill unit of a
Native village (as defined in section 3 of the Alaska
Native Claims Settlement Act (16 U.S.C. 1602)) or
unit that is located in or near a small, remote Alaska
village would be infeasible, or would not be cost-effec-
tive, or is otherwise inappropriate because of the re-
mote location of the unit, the State may exempt the
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unit from some or all of those requirements. This sub-
section shall apply only to solid waste landfill units
that dispose of less than 20 tons of municipal solid
waste daily, based on an annual average.
‘‘(5) NO-MIGRATION EXEMPTION.—
‘‘(A) IN GENERAL.—Ground water monitor-
ing requirements may be suspended by the Direc-
tor of an approved State for a landfill operator
if the operator demonstrates that there is no po-
tential for migration of hazardous constituents
from the unit to the uppermost aquifer during
the active life of the unit and the post-closure
care period.
‘‘(B) 
CERTIFICATION.—A 
demonstration
under subparagraph (A) shall—
‘‘(i) be certified by a qualified ground-
water scientist and approved by the Direc-
tor of an approved State.
‘‘(C) GUIDANCE.—Not later than 6 months
after the date of enactment of this paragraph, the
Administrator shall issue a guidance document
to facilitate small community use of the no mi-
gration exemption under this paragraph.
‘‘(6) FURTHER REVISIONS OF GUIDELINES AND
CRITERIA.—Not later than April 9, 1997, the Admin-
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istrator shall promulgate revisions to the guidelines
and criteria promulgated under this subchapter to
allow States to promulgate alternate design, operat-
ing, landfill gas monitoring, financial assurance, and
closure requirements for landfills which receive 20
tons or less of municipal solid waste per day based
on an annual average: Provided That such alternate
requirements are sufficient to protect human health
and the environment.’’.
(2) REINSTATEMENT
OF
REGULATORY
EXEMP-
TION.—It is the intent of section 4010(c)(2) of the
Solid Waste Disposal Act, as added by paragraph (1),
to immediately reinstate subpart E of part 258 of
title 40, Code of Federal Regulations, as added by the
final rule published at 56 Federal Register 50798 on
October 9, 1991.
(d) STATE OR REGIONAL SOLID WASTE PLANS.—
(1) FINDING.—Section 1002(a) of the Solid
Waste Disposal Act (42 U.S.C. 6901(a)) is amend-
ed—
(A) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(B) by adding at the end the following:
‘‘(5) that the Nation’s improved standard of liv-
ing has resulted in an increase in the amount of solid
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waste generated per capita, and the Nation has not
given adequate consideration to solid waste reduction
strategies.’’.
(2) OBJECTIVE
OF
SOLID
WASTE
DISPOSAL
ACT.—Section 1003(a) of the Solid Waste Disposal
Act (42 U.S.C. 6902(a)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (10);
(B) by striking the period at the end of
paragraph (11) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(12) promoting local and regional planning
for—
‘‘(A) effective solid waste collection and dis-
posal; and
‘‘(B) reducing the amount of solid waste
generated per capita through the use of solid
waste reduction strategies.’’.
(3) NATIONAL POLICY.—Section 1003(b) of the
Solid Waste Disposal Act (42 U.S.C. 6902(b)) is
amended by inserting ‘‘solid waste and’’ after ‘‘gen-
eration of’’.
(4) OBJECTIVE OF SUBTITLE D OF SOLID WASTE
DISPOSAL ACT.—Section 4001 of the Solid Waste Dis-
posal Act (42 U.S.C. 6941) is amended by inserting
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‘‘promote local and regional planning for effective
solid waste collection and disposal and for reducing
the amount of solid waste generated per capita
through the use of solid waste reduction strategies,
and’’ after ‘‘objectives of this subtitle are to’’.
(5) DISCRETIONARY STATE PLAN PROVISIONS.—
Section 4003 of the Solid Waste Disposal Act (42
U.S.C. 6943) is amended by adding at the end the fol-
lowing:
‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING TO
SOLID WASTE REDUCTION GOALS, LOCAL AND REGIONAL
PLANS, AND ISSUANCE OF SOLID WASTE MANAGEMENT
PERMITS.—Except as provided in section 4011(a)(4), a
State plan submitted under this subtitle may include, at
the option of the State, provisions for—
‘‘(1) establishment of a State per capita solid
waste reduction goal, consistent with the goals and
objectives of this subtitle; and
‘‘(2) establishment of a program that ensures
that local and regional plans are consistent with
State plans and are developed in accordance with sec-
tions 4004, 4005, and 4006.’’.
(6) PROCEDURE FOR DEVELOPMENT AND IMPLE-
MENTATION OF STATE PLANS.—Section 4006(b) of the
Solid Waste Disposal Act (42 U.S.C. 6946(b)) is
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amended by inserting ‘‘and discretionary plan provi-
sions’’ after ‘‘minimum requirements’’.
(e) GENERAL PROVISIONS.—
(1) BORDER STUDIES.—
(A) DEFINITIONS.—In this paragraph:
(i) ADMINISTRATOR.—The term ‘‘Ad-
ministrator’’ means the Administrator of
the Environmental Protection Agency.
(ii) 
MAQUILADORA.—The 
term
‘‘maquiladora’’ means an industry located
in Mexico along the border between the
United States and Mexico.
(iii) SOLID WASTE.—The term ‘‘solid
waste’’ has the meaning provided the term
under section 1004(27) of the Solid Waste
Disposal Act (42 U.S.C. 6903(27)).
(B) IN GENERAL.—
(i) STUDY OF SOLID WASTE MANAGE-
MENT
ISSUES
ASSOCIATED
WITH
NORTH
AMERICAN
FREE
TRADE
AGREEMENT.—As
soon as practicable after the date of enact-
ment of this Act, the Administrator is au-
thorized to conduct a study of solid waste
management issues associated with in-
creased border use resulting from the imple-
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mentation of the North American Free
Trade Agreement.
(ii) STUDY OF SOLID WASTE MANAGE-
MENT
ISSUES
ASSOCIATED
WITH
UNITED
STATES-CANADA
FREE-TRADE
AGREE-
MENT.—As soon as practicable after the
date of enactment of this Act, the Adminis-
trator may conduct a similar study focused
on border traffic of solid waste resulting
from the implementation of the United
States-Canada Free-Trade Agreement, with
respect to the border region between the
United States and Canada.
(C) CONTENTS
OF
STUDY.—A study con-
ducted under this paragraph shall provide for
the following:
(i) A study of planning for solid waste
treatment, storage, and disposal capacity
(including additional landfill capacity) that
would be necessary to accommodate the gen-
eration of additional household, commercial,
and industrial wastes by an increased pop-
ulation along the border involved.
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(ii) A study of the relative impact on
border communities of a regional siting of
solid waste storage and disposal facilities.
(iii) In the case of the study described
in subparagraph (B)(i), research concerning
methods of tracking of the transportation
of—
(I) materials from the United
States to maquiladoras; and
(II) waste from maquiladoras to a
final destination.
(iv) In the case of the study described
in subparagraph (B)(i), a determination of
the need for solid waste materials safety
training for workers in Mexico and the
United States within the 100-mile zone
specified in the First Stage Implementation
Plan Report for 1992–1994 of the Inte-
grated Environmental Plan for the Mexico-
United States Border, issued by the Admin-
istrator in February 1992.
(v) A review of the adequacy of exist-
ing emergency response networks in the bor-
der region involved, including the adequacy
of training, equipment, and personnel.
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(vi) An analysis of solid waste man-
agement practices in the border region in-
volved, including an examination of meth-
ods for promoting source reduction, recy-
cling, and other alternatives to landfills.
(D) SOURCES
OF
INFORMATION.—In con-
ducting a study under this paragraph, the Ad-
ministrator shall, to the extent allowable by law,
solicit, collect, and use the following information:
(i) A demographic profile of border
lands based on census data prepared by the
Bureau of the Census of the Department of
Commerce and, in the case of the study de-
scribed in subparagraph (B)(i), census data
prepared by the Government of Mexico.
(ii) In the case of the study described
in subparagraph (B)(i), information from
the United States Customs Service of the
Department of the Treasury concerning
solid waste transported across the border be-
tween the United States and Mexico, and
the method of transportation of the waste.
(iii) In the case of the study described
in subparagraph (B)(i), information con-
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cerning the type and volume of materials
used in maquiladoras.
(iv)(I) Immigration data prepared by
the Immigration and Naturalization Serv-
ice of the Department of Justice.
(II) In the case of the study described
in subparagraph (B)(i), immigration data
prepared by the Government of Mexico.
(v) Information relating to the infra-
structure of border land, including an ac-
counting 
of 
the 
number 
of 
landfills,
wastewater treatment systems, and solid
waste treatment, storage, and disposal fa-
cilities.
(vi) A listing of each site in the border
region involved where solid waste is treated,
stored, or disposed of.
(vii) In the case of the study described
in subparagraph (B)(i), a profile of the in-
dustries in the region of the border between
the United States and Mexico.
(E) CONSULTATION AND COOPERATION.—In
carrying out this paragraph, the Administrator
shall consult with the following entities in re-
viewing study activities:
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(i) With respect to reviewing the study
described in subparagraph (B)(i), States
and political subdivisions of States (includ-
ing municipalities and counties) in the re-
gion of the border between the United States
and Mexico.
(ii) The heads of other Federal agencies
(including the Secretary of the Interior, the
Secretary of Housing, the Secretary of
Health and Human Services, the Secretary
of Transportation, and the Secretary of
Commerce) and with respect to reviewing
the study described in subparagraph (B)(i),
equivalent officials of the Government of
Mexico.
(F) REPORTS TO CONGRESS.—On comple-
tion of the studies under this paragraph, the Ad-
ministrator shall, not later than 2 years after the
date of enactment of this Act, submit to the ap-
propriate committees of Congress reports that
summarize the findings of the studies and pro-
pose methods by which solid waste border traffic
may be tracked, from source to destination, on
an annual basis.
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(G) BORDER STUDY DELAY.—The conduct
of the study described in subparagraph (B)(ii)
shall not delay or otherwise affect completion of
the study described in subparagraph (B)(i).
(H) FUNDING.—If any funding needed to
conduct the studies required by this paragraph is
not otherwise available, the president may trans-
fer to the administrator, for use in conducting
the studies, any funds that have been appro-
priated to the president under section 533 of the
North American Free Trade Agreement Imple-
mentation Act (19 U.S.C. 3473) that are in ex-
cess of the amount needed to carry out that sec-
tion. States that wish to participate in study
will be asked to contribute to the costs of the
study. The terms of the cost share shall be nego-
tiated between the Environmental Protection
Agency and the State.’’.
(2) STUDY OF INTERSTATE HAZARDOUS WASTE
TRANSPORT.—
(A) DEFINITION OF HAZARDOUS WASTE.—
In this paragraph, the term ‘‘hazardous waste’’
has the meaning provided in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903).
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(B) STUDY.—not later than 3 years after
the date of enactment of this act, the adminis-
trator of the environmental protection agency
shall conduct a study, and report to congress on
the results of the study, to determine—
(i) the quantity of hazardous waste
that is being transported across state lines;
and
(ii) the ultimate disposition of the
transported waste.
(3) STUDY
OF
INTERSTATE
SLUDGE
TRANS-
PORT.—
(A) DEFINITIONS.—In this paragraph:
(i) SEWAGE SLUDGE.—The term ‘‘sew-
age sludge’’—
(I) means solid, semisolid, or liq-
uid residue generated during the treat-
ment of domestic sewage in a treat-
ment works; and
(II) includes—
(i) domestic septage;
(ii) scum or a solid removed
in a primary, secondary, or ad-
vanced 
wastewater 
treatment
process; and
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(iii) material derived from
sewage sludge (as otherwise de-
fined in this clause); but
(III) does not include—
(i) ash generated during the
firing of sewage sludge (as other-
wise defined in this clause) in a
sewage sludge incinerator; or
(ii) grit or screenings gen-
erated during preliminary treat-
ment of domestic sewage in a
treatment works.
(ii) SLUDGE.—The term ‘‘sludge’’ has
the meaning provided in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903).
(B) STUDY.—Not later than 3 years after
the date of enactment of this act, the adminis-
trator of the environmental protection agency
shall conduct a study, and report to congress on
the results of the study, to determine—
(i) the quantity of sludge (including
sewage sludge) that is being transported
across state lines; and
(ii) the ultimate disposition of the
transported sludge.
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SEC. 510. SENSE OF SENATE REGARDING UNITED STATES
SEMICONDUCTOR TRADE AGREEMENT.
(a) FINDINGS.—
(1) The United States-Japan Semiconductor
Trade Agreement is set to expire on July 31, 1996;
(2) The Governments of the United States and
Japan are currently engaged in negotiations over the
terms of a new United States-Japan agreement on
semiconductors;
(3) The President of the United States and the
Prime Minister of Japan agreed at the G–7 Summit
in June that their two governments should conclude
a mutually acceptable outcome of the semiconductor
dispute by July 31, 1996, and that there should be a
continuing role for the two governments in the new
agreement;
(4) The current United States-Japan Semi-
conductor Trade Agreement has put in place both gov-
ernment-to-government 
and 
industry-to-industry
mechanisms which have played a vital role in allow-
ing cooperation to replace conflict in this important
high technology sector such as by providing for joint
calculation of foreign market share in Japan, deter-
rence of dumping, and promotion of industrial co-
operation in the design-in of foreign semiconductor
devices;
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(5) Despite the increased foreign share of the
Japanese semiconductor market since 1986, a gap
still remains between the share United States and
other foreign semiconductor makers are able to cap-
ture in the world market outside of Japan through
their competitiveness and the sales of these suppliers
in the Japanese market, and that gap is consistent
across the full range of semiconductor products as
well as a full range of end-use applications;
(6) The competitiveness and health of the United
States semiconductor industry is of critical impor-
tance to the United States’ overall economic well-
being as well as the nation’s high technology defense
capabilities;
(7) The economic interests of both the United
States and Japan are best served by well-functioning,
open markets and deterrence of dumping in all sec-
tors, including semiconductors;
(8) The Government of Japan continues to op-
pose an agreement that (A) ensures continued calcula-
tion of foreign market share in Japan according to
the formula set forth in the current agreement, and
(B) provides for continuation of current measures to
deter renewed dumping of semiconductors in the
United States and in the third country markets; and
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(9) The United States Senate on June 19, 1996,
unanimously adopted a sense of the Senate resolution
that the President should take all necessary and ap-
propriate actions to ensure the continuation of a gov-
ernment-to-government United States-Japan semi-
conductor trade agreement before the current agree-
ment expires on July 31, 1996.
(b) SENSE OF SENATE.—It is the sense of the Senate
that if a new United States-Japan Semiconductor Agree-
ment is not concluded by July 31, 1996, that (1) ensures
continued calculation of foreign market share in Japan ac-
cording to the formula set forth in the current agreement,
and (2) provides for continuation of current measures to
deter renewed dumping of semiconductors in the United
States and in third country markets, the President shall—
(A) Direct the Office of the United States Trade
Representative and the Department of Commerce to
establish a system to provide for unilateral United
States Government calculation and publication of the
foreign share of the Japanese semiconductor market,
according to the formula set forth in the current
agreement;
(B) Report to the Congress on a quarterly basis
regarding the progress, or lack thereof, in increasing
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foreign market access to the Japanese semiconductor
market; and
(C) Take all necessary and appropriate actions
to ensure that all United States trade laws with re-
spect to foreign market access and injurious dumping
are expeditiously and vigorously enforced with respect
to U.S.-Japan semiconductor trade, as appropriate.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 1997’’.
Attest:
Secretary.
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