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trol the movement of solid waste or recyclable mate-
rials and direct such waste or recyclable materials to
one or more designated waste management facilities
or facilities for recyclable materials.
‘‘(4) INDUSTRIAL SOLID WASTE.—The term ‘in-
dustrial solid waste’ means solid waste generated by
manufacturing or industrial processes, including
waste generated during scrap processing and scrap
recycling, that is not hazardous waste regulated
under subtitle C. ‘Industrial solid waste’ does not in-
clude municipal solid waste specified in paragraph
(5)(A)(iii).
‘‘(5) MUNICIPAL SOLID WASTE.—
‘‘(A) IN GENERAL.—Subject to the limita-
tions of subsection (b)(3), the term ‘municipal
solid waste’ means—
‘‘(i) any solid waste discarded by a
household, including a single or multifam-
ily residence;
‘‘(ii) any solid waste that is discarded
by a commercial, institutional, or industrial
source;
‘‘(iii) residue remaining after recycla-
ble materials have been separated or di-
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verted from municipal solid waste de-
scribed in clause (i) or (ii);
‘‘(iv) any waste material or waste sub-
stance removed from a septic tank, septage
pit, or cesspool, other than from portable
toilets; and
‘‘(v) conditionally exempt small quan-
tity generator waste under section 3001(d),
if it is collected, processed or disposed with
other municipal solid waste as part of mu-
nicipal solid waste services.
‘‘(B) EXCLUSIONS.—The term ‘municipal
solid waste’ shall not include any of the follow-
ing:
‘‘(i) Hazardous waste required to be
managed in accordance with subtitle C
(other than waste described in subpara-
graph (A)(v)), solid waste containing a
polychlorinated biphenyl regulated under
the Toxic Substances Control Act (15
U.S.C. 2601 et seq.), or medical waste list-
ed in section 11002.
‘‘(ii)(I) A recyclable material.
‘‘(II) A material or a product re-
turned from a dispenser or distributor to
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the manufacturer or the agent of the man-
ufacturer for credit, evaluation, or reuse
unless such material or product is dis-
carded or abandoned for collection, dis-
posal or combustion.
‘‘(III) A material or product that is
an out-of-date or unmarketable material or
product, or is a material or product that
does not conform to specifications, and
that is returned to the manufacturer or the
agent of the manufacturer for credit, eval-
uation, or reuse unless such material or
product is discarded or abandoned for col-
lection, disposal or combustion.
‘‘(iii) Any solid waste (including con-
taminated 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 (42 U.S.C. 9604 or 9606) or a
corrective action taken under this Act.
‘‘(iv)(I) Industrial solid waste.
‘‘(II) Any solid waste that is gen-
erated by an industrial facility and trans-
ported for the purpose of containment,
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storage, or disposal to a facility that is
owned or operated by the generator of the
waste, or a facility that is located on prop-
erty owned by the generator.
‘‘(6) QUALIFIED POLITICAL SUBDIVISION.—The
term ‘qualified political subdivision’ means a govern-
mental entity or political subdivision of a State, as
authorized by the State, to plan for, or determine
the methods to be utilized for, the collection, trans-
portation, disposal or other management of munici-
pal solid waste generated within the boundaries of
the area served by the governmental entity or politi-
cal subdivision.
‘‘(7) RECYCLABLE MATERIAL.—The term ‘recy-
clable material’ means any material (including any
metal, glass, plastic, textile, wood, paper, rubber, or
other material) that has been separated, or diverted
at the point of generation, from solid waste for the
purpose of recycling, reclamation, or reuse.
‘‘(8) SOLID WASTE MANAGEMENT PLAN.—The
term ‘solid waste management plan’ means a plan
for 
the 
transportation, 
treatment, 
processing,
composting, combustion, disposal or other manage-
ment of municipal solid waste, adopted by a State
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or qualified political subdivision pursuant to and
conforming with State law.
‘‘(9) WASTE
MANAGEMENT
FACILITY.—The
term ‘waste management facility’ means any facility
or facilities in which municipal solid waste, inciner-
ator ash from a solid waste incineration unit, or con-
struction debris or demolition debris is separated,
stored, transferred, treated, processed, combusted,
deposited or disposed.
‘‘(10) EXISTING WASTE MANAGEMENT FACIL-
ITY.—The term ‘existing waste management facility’
means a facility under construction or in operation
as of May 15, 1994.
‘‘(11) PROPOSED WASTE MANAGEMENT FACIL-
ITY.—The term ‘proposed waste management facil-
ity’ means a facility that has been specifically identi-
fied and designated, but that was not under con-
struction, as of May 15, 1994.
‘‘(12) FUTURE
WASTE
MANAGEMENT
FACIL-
ITY.—The term ‘future waste management facility’
means any other waste management facility.’’.
SEC. 203. TABLE OF CONTENTS AMENDMENT.
The table of contents in section 1001 of the Solid
Waste Disposal Act (42 U.S.C. prec. 6901) (as amended
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by section 103) is further amended by adding after the
item relating to section 4011 the following new item:
‘‘Sec. 4012. Congressional authorization of State control over transportation,
management and disposal of municipal solid waste.’’
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