I
105TH CONGRESS
1ST SESSION
H. R. 942
To amend the Solid Waste Disposal Act to provide authority for States
to limit the interstate transportation of municipal solid waste, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1997
Mr. FRANKS
of New Jersey (for himself, Mrs. ROUKEMA, and Mr.
FRELINGHUYSEN) introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to provide authority
for States to limit the interstate transportation of munic-
ipal solid waste, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—INTERSTATE WASTE
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Interstate Transpor-
tation of Municipal Solid Waste Act of 1997’’.
‘‘(I) In calendar year 1998, the greater of
1,400,000 tons or 90 percent of the amount ex-
ported to the State in calendar year 1993.
‘‘(II) In calendar year 1999, the greater of
1,300,000 tons or 90 percent of the amount ex-
ported to the State in calendar year 1998.
‘‘(III) In calendar year 2000, the greater of
1,200,000 tons or 90 percent of the amount ex-
ported to the State in calendar year 1999.
‘‘(IV) In calendar year 2001, the greater of
1,100,000 tons or 90 percent of the amount ex-
ported to the State in calendar year 2000.
‘‘(V) In calendar year 2002, 1,000,000 tons.
‘‘(VI) In calendar year 2003, 750,000 tons.
‘‘(VII) In calendar year 2004 or any calendar
year thereafter, 550,000 tons.
‘‘(ii) The Governor of an importing State may take
action to restrict levels of imports to reflect the appro-
priate level of out-of-State municipal solid waste imports
if—
‘‘(I) the Governor of the importing State has
notified the Governor of the exporting State and the
Administrator, 12 months prior to taking any such
action, of the importing State’s intention to impose
the requirements of this section;
‘‘(II) the Governor of the importing State has
notified the Governor of the exporting State and the
Administrator of the violation by the exporting State
of this section at least 90 days prior to taking any
such action; and
‘‘(III) the restrictions imposed by the Governor
of the importing State are uniform at all facilities
and the Governor of the importing State may only
apply subparagraph (A) or (B) but not both.
‘‘(C) The authority provided by subparagraphs (A)
and (B) shall apply for as long as a State exceeds the
permissible levels as determined by the Administrator
under paragraph (6)(C).
‘‘(4)(A) A Governor may not exercise the authority
granted under this section if such action would result in
the violation of, or would otherwise be inconsistent with,
the terms of a host community agreement or a permit is-
sued from the State to receive out-of-State municipal solid
waste.
‘‘(B) Except as provided in paragraph (3), a Gov-
ernor may not exercise the authority granted under this
section in a manner that would require any owner or oper-
ator of a landfill or incinerator covered by the exceptions
provided in subsection (b) to reduce the amount of out-
of-State municipal solid waste received from any State for
disposal at such landfill or incinerator to an annual quan-
tity less than the amount received from such State for dis-
posal at such landfill or incinerator during calendar year
1993.
‘‘(5) Any limitation imposed by a Governor under
paragraph (2) or (3)—
‘‘(A) shall be applicable throughout the State;
‘‘(B) shall not directly or indirectly discriminate
against any particular landfill or incinerator within
the State; and
‘‘(C) shall not directly or indirectly discriminate
against any shipments of out-of-State municipal
solid waste on the basis of place of origin and all
such limitations shall be applied to all States in vio-
lation of paragraph (3).
‘‘(6) ANNUAL STATE REPORT.—
‘‘(A) IN GENERAL.—Within 90 days after en-
actment of this section and on April 1 of each year
thereafter the owner or operator of each landfill or
incinerator receiving out-of-State municipal solid
waste shall submit to the affected local government
and to the Governor of the State in which the land-
fill or incinerator is located, information specifying
the amount and State of origin of out-of-State mu-
nicipal solid waste received for disposal during the
preceding calendar year, and the amount of waste
that was received pursuant to host community
agreements or permits authorizing receipt of out-of-
State municipal solid waste. Within 120 days after
enactment of this section and on May 1 of each year
thereafter each State shall publish and make avail-
able to the Administrator, the Governor of the State
of origin and the public, a report containing infor-
mation on the amount of out-of-State municipal
solid waste received for disposal in the State during
the preceding calendar year.
‘‘(B) CONTENTS.—Each submission referred to
in this section shall be such as would result in crimi-
nal penalties in case of false or misleading informa-
tion. Such information shall include the amount of
waste received, the State of origin, the identity of
the generator, the date of the shipment, and the
type of out-of-State municipal solid waste. States
making submissions referred to in this section to the
Administrator shall notice these submissions for
public review and comment at the State level before
submitting them to the Administrator.
‘‘(C) LIST.—The Administrator shall publish a
list of importing States and the out-of-State munici-
pal solid waste received from each State at landfills
or incinerators not covered by host community
agreements or permits authorizing receipt of out-of-
State municipal solid waste. The list for any cal-
endar year shall be published by June 1 of the fol-
lowing calendar year.
For purposes of developing the list required in this section,
the Administrator shall be responsible for collating and
publishing only that information provided to the Adminis-
trator by States pursuant to this section. The Adminis-
trator shall not be required to gather additional data over
and above that provided by the States pursuant to this
section, nor to verify data provided by the States pursuant
to this section, nor to arbitrate or otherwise entertain or
resolve disputes between States or other parties concern-
ing interstate movements of municipal solid waste. Any
actions by the Administrator under this section shall be
final and not subject to judicial review.
‘‘(D) SAVINGS
PROVISION.—Nothing in this
subsection shall be construed to preempt any State
requirement that requires more frequent reporting of
information.
‘‘(7) Any affected local government that intends to
submit a request under paragraph (1) or take formal ac-
tion to enter into a host community agreement after the
date of enactment of this subsection shall, prior to taking
such action—
‘‘(A) notify the Governor, contiguous local gov-
ernments, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a news-
paper of general circulation at least 30 days before
taking such action;
‘‘(C) provide an opportunity for public com-
ment; and
‘‘(D) following notice and comment, take formal
action on any proposed request or action at a public
meeting.
‘‘(8) Any owner or operator seeking a host commu-
nity agreement after the date of enactment of this sub-
section shall provide to the affected local government the
following information, which shall be made available to the
public from the affected local government:
‘‘(A) A brief description of the planned facility,
including a description of the facility size, ultimate
waste capacity, and anticipated monthly and yearly
waste quantities to be handled.
‘‘(B) A map of the facility site that indicates
the location of the facility in relation to the local
road system and topographical and hydrological fea-
tures and any buffer zones and facility units to be
acquired by the owner or operator of the facility.
‘‘(C) A description of the existing environ-
mental conditions at the site, and any violations of
applicable laws or regulations.
‘‘(D) A description of environmental controls to
be utilized at the facility.
‘‘(E) A description of the site access controls to
be employed, and roadway improvements to be
made, by the owner or operator, and an estimate
of the timing and extent of increased local truck
traffic.
‘‘(F) A list of all required Federal, State, and
local permits.
‘‘(G) Any information that is required by State
or Federal law to be provided with respect to any
violations of environmental laws (including regula-
tions) by the owner and operator, the disposition of
enforcement proceedings taken with respect to the
violations, and corrective measures taken as a result
of the proceedings.
‘‘(H) Any information that is required by State
or Federal law to be provided with respect to compli-
ance by the owner or operator with the State solid
waste management plan.
‘‘(b) EXCEPTIONS
TO AUTHORITY TO PROHIBIT
OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1) The au-
thority to prohibit the disposal of out-of-State municipal
solid waste provided under subsection (a)(1) shall not
apply to landfills and incinerators in operation on the date
of enactment of this section that—
‘‘(A) received during calendar year 1993 docu-
mented shipments of out-of-State municipal solid
waste; and
‘‘(B)(i) in the case of landfills, are in compli-
ance with all applicable Federal and State laws and
regulations relating to operation, design and location
standards, leachate collection, ground water monitor-
ing, and financial assurance for closure and post-clo-
sure and corrective action; or
‘‘(ii) in the case of incinerators, are in compli-
ance with the applicable requirements of section 129
of the Clean Air Act (42 U.S.C. 7429) and applica-
ble State laws and regulations relating to facility de-
sign and operations.
‘‘(2) A Governor may not prohibit the disposal of out-
of-State municipal solid waste pursuant to subsection
(a)(1) at facilities described in this subsection that are not
in compliance with applicable Federal and State laws and
regulations unless disposal of municipal solid waste gen-
erated within the State at such facilities is also prohibited.
‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF-
STATE MUNICIPAL SOLID WASTE.—(1) In any case in
which an affected local government is considering entering
into, or has entered into, a host community agreement and
the disposal or incineration of out-of-State municipal solid
waste under such agreement would preclude the use of
municipal solid waste management capacity described in
paragraph (2), the Governor of the State in which the af-
fected local government is located may prohibit the execu-
tion of such host community agreement with respect to
that capacity.
‘‘(2) The municipal solid waste management capacity
referred to in paragraph (1) is that capacity—
‘‘(A) that is permitted under Federal or State
law;
‘‘(B) that is identified under the State plan;
and
‘‘(C) for which a legally binding commitment
between the owner or operator and another party
has been made for its use for disposal or inciner-
ation of municipal solid waste generated within the
region (identified under section 4006(a)) in which
the local government is located.
‘‘(d) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—A State described in para-
graph (2) may adopt a law and impose and collect
a cost recovery charge on the processing or disposal
of out-of-State municipal solid waste in the State in
accordance with this subsection.
‘‘(2) APPLICABILITY.—The authority to impose
a cost recovery surcharge under this subsection ap-
plies to any State that on or before April 3, 1994,
imposed and collected a special fee on the processing
or disposal of out-of-State municipal solid waste pur-
suant to a State law.
‘‘(3) LIMITATION.—No such State may impose
or collect a cost recovery surcharge from a facility
on any out-of-State municipal solid waste that is
being received at the facility under 1 or more con-
tracts entered into after April 3, 1994, and before
the date of enactment of this section.
‘‘(4) 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 (6) and in no
event may exceed $1.00 per ton of waste.
‘‘(5) USE
OF
SURCHARGE
COLLECTED.—All
cost recovery surcharges collected by a State covered
by this subsection shall be used to fund those solid
waste management programs administered by the
State or its political subdivision that incur costs for
which the surcharge is collected.
‘‘(6) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State covered by this sub-
section may impose and collect a cost recovery sur-
charge on the processing or disposal within the State
of out-of-State municipal solid waste if—
‘‘(i) the State demonstrates a cost to the
State arising from the processing or disposal
within the State of a volume of municipal 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, or disposal 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).
‘‘(7) 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 or disposal of
municipal solid waste, limited to the issuance of
new permits and renewal of or modification of
permits, inspection and compliance monitoring,
enforcement, and costs associated with technical
assistance, data management, 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.
‘‘(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 munic-
ipal 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—
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
general public or from a residential, commercial, in-
stitutional, or industrial source (or any combination
thereof), consisting of paper, wood, yard wastes,
plastics, leather, rubber, or other combustible or
noncombustible 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 sepa-
rated or diverted from municipal solid waste (as
otherwise defined in this paragraph) and has
been transported into a State for the purpose of
recycling or reclamation;
‘‘(D) any solid waste that is—
‘‘(i) generated by an industrial facil-
ity; and
‘‘(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
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
‘specifically authorizes’ refer to an explicit authoriza-
tion, contained in a host community agreement or
permit, to import waste from outside the State.
Such authorization may include a reference to a
fixed radius surrounding the landfill or incinerator
that includes an area outside the State or a ref-
erence 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 lan-
guage for such authorization may vary as long as it
clearly and affirmatively states the approval or con-
sent of the affected local government or State for re-
ceipt 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.’’.
(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 the fol-
lowing new item after the item relating to section 4010:
‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.
SEC. 103. NEEDS DETERMINATION.
The Governor of a State may accept, deny or modify
an application for a municipal solid waste management fa-
cility permit if—
(1) it is done in a manner that is not inconsist-
ent with the provisions of this section;
(2) a State law enacted in 1990 and a regula-
tion adopted by the governor in 1991 specifically re-
quires the permit applicant to demonstrate that
there is a local or regional need within the State for
the facility; and
(3) the permit applicant fails to demonstrate
that there is a local or regional need within the
State for the facility.
TITLE II—FLOW CONTROL
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Municipal Solid Waste
Flow Control Act of 1997’’.
SEC. 202. 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 (42 U.S.C. 6941 et seq.) is
amended by adding after section 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
DESIGNATED AS OF MAY 16, 1994.—Any State or politi-
cal subdivision thereof is authorized to exercise flow con-
trol authority to direct the movement of municipal solid
waste, and recyclable materials voluntarily relinquished by
the owner or generator thereof, to particular waste man-
agement facilities, or facilities for recyclable materials,
designated as of May 16, 1994, 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, determined as of
May 16, 1994.
‘‘(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 legally binding official act of the State
or political subdivision that—
‘‘(A) was in effect on May 16, 1994,
‘‘(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 thereof by legislative or official ad-
ministrative action of the State or political sub-
division expressly because of the existence of a
court order of the type described in subpara-
graph (B) issued by a court of the same State
or Federal judicial circuit.
‘‘(3) The State or a political subdivision thereof
has, for one or more of such designated facilities, in
accordance with paragraph (2), on or before May
16, 1994, either—
‘‘(A) presented eligible bonds for sale, or
‘‘(B) executed a legally binding contract or
agreement that obligates it to deliver a mini-
mum quantity of waste or recyclable materials
to one or more such designated waste manage-
ment facilities or facilities for recyclable mate-
rials and that obligates it to pay for that mini-
mum quantity of waste or recyclable materials
even if the stated minimum quantity of such
waste or recyclable materials is not delivered
within a required timeframe.
‘‘(b) WASTE STREAM SUBJECT
TO FLOW CON-
TROL.—The flow control authority of subsection (a) shall
only permit the exercise of flow control authority to any
designated facility of the specific classes or categories of
municipal solid waste and voluntarily relinquished recycla-
ble materials to which flow control authority was applica-
ble on May 16, 1994, or immediately before the effective
date of an injunction or court order referred to in sub-
section (a)(2)(B) or an action referred to in subsection
(a)(2)(C) and—
‘‘(1) in the case of any designated waste man-
agement facility or facility for recyclable materials
that was in operation as of May 16, 1994, only if
the facility concerned received municipal solid waste
or recyclable materials in those classes or categories
within 2 years prior to May 16, 1994, or the effec-
tive date of such injunction or other court order or
action,
‘‘(2) in the case of any designated waste man-
agement facility or facility for recyclable materials
that was not yet in operation as of May 16, 1994,
only of the classes or categories that were clearly
identified by the State or political subdivision as of
May 16, 1994, to be flow controlled to such facility,
and
‘‘(3) only to the extent of the maximum volume
authorized by State permit to be disposed at the
waste management facility or processed at the facil-
ity for recyclable materials.
If specific classes or categories of municipal solid waste
or recyclable materials were not clearly identified, para-
graph (2) shall apply only to municipal solid waste gen-
erated by households, including single family residences
and multi-family residences of up to 4 units.
‘‘(c) DURATION OF FLOW CONTROL AUTHORITY.—
Flow control authority may be exercised pursuant to this
section to any facility or facilities only until the later of
the following:
‘‘(1) The expiration date of the bond referred to
in subsection (a)(3)(A).
‘‘(2) The expiration date of the contract or
agreement referred to in subsection (a)(3)(B).
‘‘(3) The adjusted expiration date of a bond is-
sued for a qualified environmental retrofit.
Such expiration dates shall be determined based upon the
terms and provisions of the bond or contract in effect on
May 16, 1994. In the case of a contract described in sub-
section (a)(3)(B) that has no specified expiration date, for
purposes of paragraph (2) the expiration date shall be
treated as the first date that the State or political subdivi-
sion that is a party to the contract can withdraw from
its responsibilities under the contract without being in de-
fault thereunder and without substantial penalty or other
substantial legal sanction.
‘‘(d) MANDATORY OPT-OUT FOR GENERATORS AND
TRANSPORTERS.—Notwithstanding any other provision of
this section, no State or political subdivision may require
any generator or transporter of municipal solid waste or
recyclable materials to transport such waste or materials,
or deliver such waste or materials for transportation, to
a facility that is listed on the National Priorities List es-
tablished under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 unless
such State or political subdivision or the owner or operator
of such facility has adequately indemnified the generator
or transporter against all liability under that Act with re-
spect to such waste or materials.
‘‘(e) EFFECT ON EXISTING LAWS.—
‘‘(1) ENVIRONMENTAL LAWS.—Nothing in this
section shall be interpreted or construed to have any
effect on any other law relating to the protection of
human health and the environment, or the manage-
ment of municipal solid waste or recyclable mate-
rials.
‘‘(2) STATE LAW.—Nothing in this section shall
be interpreted to authorize a political subdivision to
exercise the flow control authority granted by this
section in a manner inconsistent with State law.
‘‘(3) OWNERSHIP
OF
RECYCLABLE
MATE-
RIALS.—Nothing in this section shall authorize any
State or political subdivision to require any genera-
tor or owner of recyclable materials to transfer any
recyclable materials to such State or political sub-
division, nor shall prohibit any persons from selling,
purchasing, accepting, conveying, or transporting
any recyclable materials, unless the generator or
owner voluntarily makes such recyclable materials
available to the State or political subdivision and re-
linquishes any rights to, or ownership of, such recy-
clable materials.
‘‘(f) FACILITIES NOT QUALIFIED FOR FLOW CON-
TROL.—No flow control authority may be exercised under
the provisions of this section to direct solid waste or recy-
clable materials to any facility pursuant to an ordinance
if—
‘‘(1) the ordinance was determined to be uncon-
stitutional by a State or Federal court in October of
1994;
‘‘(2) the facility is located over a sole source aq-
uifer, within 5 miles of a public beach, and within
25 miles of a city with a population of more than
5,000,000; and
‘‘(3) the facility is not fully permitted and oper-
ating in complete official compliance with all Fed-
eral, State, and local environmental regulations.
‘‘(g) LIMITATION ON REVENUE.—A State or quali-
fied political subdivision may exercise the flow control au-
thority granted in this section only if the State or qualified
political subdivision limits the use of any of the revenues
it derives from the exercise of such authority for the pay-
ment 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)(B).
‘‘(4) Other expenses necessary for the operation
and maintenance of designated facilities and other
integral facilities necessary for the operation and
maintenance of such designated facilities that are
identified by the same eligible bond.
‘‘(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
May 16, 1994, and for which the State or political
subdivision, after periodic evaluation, beginning no
later than one year after the enactment of this sec-
tion, finds that there is no comparable qualified pri-
vate sector service provider available. Such periodic
evaluation shall be based on public notice and open
competition. The amount and nature of payments
described in this paragraph shall be fully disclosed
to the public annually.
‘‘(h) INTERIM CONTRACTS.—A lawful, legally binding
contract under State law 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 such State or
political subdivision, or
‘‘(2) after such State or political subdivision re-
frained pursuant to legislative or official administra-
tive action from enforcing flow control authority 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.
‘‘(i) 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 and may exercise the additional flow
control authority described in paragraph (2).
‘‘(2) ADDITIONAL
FLOW
CONTROL
AUTHOR-
ITY.—A State that meets the requirements of para-
graph (1) and any political subdivision thereof may
exercise flow control authority over all classes and
categories of municipal solid waste that were subject
to flow control by such State or political subdivision
thereof on May 16, 1994, by directing it from any
existing waste management facility that was des-
ignated as of May 16, 1994, or any proposed waste
management facility in the State to any other such
existing or proposed waste management facility in
the State without regard to whether the political
subdivision within which the municipal solid waste is
generated had designated the particular waste man-
agement facility or had issued a bond or entered into
a contract referred to in subsection (a)(3) (A) or
(B), respectively.
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘proposed waste management facil-
ity’ means a waste management facility that was
specifically identified in a waste management plan
prior to May 16, 1994, and for the construction of
which—
‘‘(A) revenue bonds were issued and out-
standing as of May 16, 1994,
‘‘(B) additional financing with revenue
bonds was required as of the date of enactment
of this section to complete construction, and
‘‘(C) a permit had been issued prior to De-
cember 31, 1994.
‘‘(4) LIMITATION
OF
AUTHORITY.—The addi-
tional flow control authority granted by paragraph
(2) may be exercised to—
‘‘(A) any facility described in paragraph
(2) for up to 5 years after the date of enact-
ment of this section, and
‘‘(B) after 5 years after enactment of this
section, only to those facilities and only with re-
spect to the classes, categories, and geographic
origin of waste directed to such facilities specifi-
cally identified by the State in a public notice
issued within 5 years after enactment of this
section.
‘‘(5) 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).
‘‘(j) SAVINGS CLAUSE.—Nothing in this section is in-
tended to have any effect on the authority of any State
or political subdivision to franchise, license, or contract for
municipal solid waste collection, processing, or disposal.
‘‘(k) APPLICATION
OF FLOW CONTROL AUTHOR-
ITY.—The flow control authority granted by this section
shall be exercised in a manner that ensures that it is ap-
plied to the public sector if it is applied to the private
sector.
‘‘(l) PROMOTION
OF RECYCLING.—The Congress
finds that, in order to promote recycling, anyone engaged
in recycling activities should strive to meet applicable
standards for the reuse of recyclable materials.
‘‘(m) 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, and such
provisions shall also apply to the exercise by any State
or political subdivision of flow control authority before
such date of enactment unless the exercise of such author-
ity has been declared unconstitutional by a final judicial
decision that is no longer subject to judicial review.
‘‘(n) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(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 bonds.
‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON-
MENTAL RETROFIT.—The term ‘bond issued for a
qualified environmental retrofit’ means a revenue or
general obligation bond, the proceeds of which are
dedicated to financing the retrofitting of a resource
recovery facility or a municipal solid waste inciner-
ator 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) and (B)
respectively that is applicable to such facility and no
later than December 31, 1999.
‘‘(3) DESIGNATE; 
DESIGNATION, 
ETC.—The
terms ‘designate’, ‘designated’, ‘designating’, and
‘designation’ mean a requirement of a State or polit-
ical subdivision, and the act of a State or political
subdivision, individually or collectively, to require
that all or any portion of the municipal solid waste
or recyclable materials that is generated within the
boundaries of the State or any political subdivision
be delivered to one or more waste management fa-
cilities or facilities for recyclable materials identified
by the State or a political subdivision thereof. The
term ‘designation’ includes bond covenants, official
statements, or other official financing documents is-
sued by a political subdivision issuing an eligible
bond in which it identified a specific waste manage-
ment facility as being the subject of such bond and
the requisite facility for receipt of municipal solid
waste or recyclable materials generated within the
jurisdictional boundaries of that political subdivision.
‘‘(4) ELIGIBLE BOND.—The term ‘eligible bond’
means—
‘‘(A) a revenue bond specifically to finance
one or more designated waste management fa-
cilities, facilities for recyclable materials, or spe-
cifically and directly related assets, development
or finance costs, as evidenced by the bond docu-
ments; or
‘‘(B) a general obligation bond, the pro-
ceeds of which were used solely to finance one
or more designated waste management facili-
ties, facilities for recyclable materials, or spe-
cifically and directly related assets, development
or finance costs, as evidenced by the bond docu-
ments.
‘‘(5) FLOW CONTROL AUTHORITY.—The term
‘flow control authority’ means the authority to con-
trol the movement of municipal solid waste or volun-
tarily relinquished recyclable materials and direct
such solid waste or voluntarily relinquished recycla-
ble materials to one or more designated waste man-
agement facilities or facilities for recyclable mate-
rials within the boundaries of a State or within the
boundaries of a political subdivision of a State, as in
effect on May 16, 1994.
‘‘(6) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means any solid waste gen-
erated by the general public or by households, in-
cluding single residences and multifamily residences,
and from commercial, institutional, and industrial
sources, to the extent such waste is essentially the
same as waste normally generated by households or
was collected and disposed of with other municipal
solid waste as part of normal municipal solid waste
collection services, consisting of paper, wood, yard
waste, plastics, leather, rubber, and other combus-
tible materials and noncombustible materials such as
metal and glass, including residue remaining after
recyclable materials have 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), except that the
term does not include any of the following:
‘‘(A) Any waste identified or listed as a
hazardous waste under section 3001 of this Act
or waste regulated under the Toxic Substances
Control Act.
‘‘(B) Any waste, including contaminated
soil and debris, resulting from—
‘‘(i) response or remedial action taken
under the Comprehensive Environmental
Response, Compensation, and Liability Act
of 1980,
‘‘(ii) any corrective action taken under
this Act, or
‘‘(iii) any corrective action taken
under any comparable State statute.
‘‘(C) Medical waste listed in section 11002
of this Act.
‘‘(D) Industrial waste generated by manu-
facturing or industrial processes, including
waste generated during scrap processing and
scrap recycling.
‘‘(E) Recyclable materials.
‘‘(F) Sludge.
Such term also includes construction and demolition
debris.
‘‘(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) RECYCLE
AND
RECYCLING.—The terms
‘recycle’ and ‘recycling’ mean—
‘‘(A) any process which produces any ma-
terial defined as ‘recycled’ under section 1004;
and
‘‘(B) any process by which materials are
diverted, separated from, or separately man-
aged from materials otherwise destined for dis-
posal as solid waste, by collecting, sorting, or
processing for use as raw materials or feed-
stocks in lieu of, or in addition to, virgin mate-
rials, including petroleum, in the manufacture
of usable materials or products.
‘‘(9) 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.
‘‘(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.’’.
TITLE III—GROUND WATER MONITORING
SEC. 301. GROUND WATER MONITORING.
(a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—
Section 4010(c) of the Solid Waste Disposal Act (42
U.S.C. 6949a(c)) is amended—
(1) by striking ‘‘CRITERIA.—Not later’’ and in-
serting the following: ‘‘CRITERIA.—
‘‘(1) IN GENERAL.—Not later’’; and
(2) 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-
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 man-
agement 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 waste landfill unit that would otherwise
be exempt under paragraph (2) if necessary to
protect ground water resources and ensure com-
pliance 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 re-
lease 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 ap-
propriate.
‘‘(4) ALASKA NATIVE VILLAGES.—Upon certifi-
cation by the Governor of the State of Alaska that
application of the requirements of the criteria de-
scribed 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, re-
mote Alaska village would be infeasible, or would not
be cost-effective, or is otherwise inappropriate be-
cause of the remote location of the unit, the State
may exempt the unit from some or all of those re-
quirements. This subsection 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 mon-
itoring requirements may be suspended by the
Director of an approved State for a landfill op-
erator if the operator demonstrates that there is
no potential for migration of hazardous con-
stituents from the unit to the uppermost aqui-
fer 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 docu-
ment to facilitate small community use of the
no migration exemption under this paragraph.
‘‘(6) FURTHER REVISIONS OF GUIDELINES AND
CRITERIA.—Not later than April 9, 1997, the Ad-
ministrator shall promulgate revisions to the guide-
lines and criteria promulgated under this subchapter
to allow States to promulgate alternate design, oper-
ating, 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 al-
ternate requirements are sufficient to protect human
health and the environment.’’.
(b) REINSTATEMENT
OF
REGULATORY
EXEMP-
TION.—It is the intent of section 4010(c)(2) of the Solid
Waste Disposal Act, as added by subsection (a), to imme-
diately reinstate subpart E of part 258 of title 40, Code
of Federal Regulations, as added by the final rule pub-
lished at 56 Federal Register 50798 on October 9, 1991.
TITLE IV—STATE OR REGIONAL SOLID
WASTE PLANS
SEC. 401. FINDING.
Section 1002(a) of the Solid Waste Disposal Act (42
U.S.C. 6901(a)) is amended—
(1) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(2) 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 waste generated per capita, and the Nation has
not given adequate consideration to solid waste re-
duction strategies.’’.
SEC. 402. OBJECTIVE OF SOLID WASTE DISPOSAL ACT.
Section 1003(a) of the Solid Waste Disposal Act (42
U.S.C. 6902(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(10);
(2) by striking the period at the end of para-
graph (11) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(12) promoting local and regional planning
for—
‘‘(A) effective solid waste collection and
disposal; and
‘‘(B) reducing the amount of solid waste
generated per capita through the use of solid
waste reduction strategies.’’.
SEC. 403. 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 ‘‘generation of’’.
SEC. 404. OBJECTIVE OF SUBTITLE D OF SOLID WASTE DIS-
POSAL ACT.
Section 4001 of the Solid Waste Disposal Act (42
U.S.C. 6941) is amended by inserting ‘‘promote local and
regional planning for effective solid waste collection and
disposal and for reducing the amount of solid waste gen-
erated per capita through the use of solid waste reduction
strategies, and’’ after ‘‘objectives of this subtitle are to’’.
SEC. 405. 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 follow-
ing:
‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING
TO SOLID WASTE REDUCTION GOALS, LOCAL AND RE-
GIONAL PLANS, AND ISSUANCE OF SOLID WASTE MAN-
AGEMENT
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
sections 4004, 4005, and 4006.’’.
SEC. 406. 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 amended by inserting ‘‘and discre-
tionary plan provisions’’ after ‘‘minimum requirements’’.
TITLE V—GENERAL PROVISIONS
SEC. 501. BORDER STUDIES.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) MAQUILADORA.—The term ‘‘maquiladora’’
means an industry located in Mexico along the bor-
der between the United States and Mexico.
(3) 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.—
(1) STUDY OF SOLID WASTE MANAGEMENT IS-
SUES
ASSOCIATED
WITH
NORTH
AMERICAN
FREE
TRADE AGREEMENT.—As soon as practicable after
the date of enactment of this Act, the Administrator
is authorized to conduct a study of solid waste man-
agement issues associated with increased border use
resulting from the implementation of the North
American Free Trade Agreement.
(2) STUDY OF SOLID WASTE MANAGEMENT IS-
SUES
ASSOCIATED
WITH
UNITED
STATES-CANADA
FREE-TRADE AGREEMENT.—As soon as practicable
after the date of enactment of this Act, the Adminis-
trator may conduct a similar study focused on bor-
der traffic of solid waste resulting from the imple-
mentation of the United States-Canada Free-Trade
Agreement, with respect to the border region be-
tween the United States and Canada.
(c) CONTENTS OF STUDY.—A study conducted under
this section shall provide for the following:
(1) A study of planning for solid waste treat-
ment, storage, and disposal capacity (including addi-
tional landfill capacity) that would be necessary to
accommodate the generation of additional household,
commercial, and industrial wastes by an increased
population along the border involved.
(2) A study of the relative impact on border
communities of a regional siting of solid waste stor-
age and disposal facilities.
(3) In the case of the study described in sub-
section (b)(1), research concerning methods of track-
ing of the transportation of—
(A) materials from the United States to
maquiladoras; and
(B) waste from maquiladoras to a final
destination.
(4) In the case of the study described in sub-
section (b)(1), a determination of the need for solid
waste materials safety training for workers in Mex-
ico and the United States within the 100-mile zone
specified in the First Stage Implementation Plan
Report for 1992–1994 of the Integrated Environ-
mental Plan for the Mexico-United States Border,
issued by the Administrator in February 1992.
(5) A review of the adequacy of existing emer-
gency response networks in the border region in-
volved, including the adequacy of training, equip-
ment, and personnel.
(6) An analysis of solid waste management
practices in the border region involved, including an
examination of methods for promoting source reduc-
tion, recycling, and other alternatives to landfills.
(d) SOURCES OF INFORMATION.—In conducting a
study under this section, the Administrator shall, to the
extent allowable by law, solicit, collect, and use the follow-
ing information:
(1) A demographic profile of border lands based
on census data prepared by the Bureau of the Cen-
sus of the Department of Commerce and, in the case
of the study described in subsection (b)(1), census
data prepared by the Government of Mexico.
(2) In the case of the study described in sub-
section (b)(1), information from the United States
Customs Service of the Department of the Treasury
concerning solid waste transported across the border
between the United States and Mexico, and the
method of transportation of the waste.
(3) In the case of the study described in sub-
section (b)(1), information concerning the type and
volume of materials used in maquiladoras.
(4)(A) Immigration data prepared by the Immi-
gration and Naturalization Service of the Depart-
ment of Justice.
(B) In the case of the study described in sub-
section (b)(1), immigration data prepared by the
Government of Mexico.
(5) Information relating to the infrastructure of
border land, including an accounting of the number
of landfills, wastewater treatment systems, and solid
waste treatment, storage, and disposal facilities.
(6) A listing of each site in the border region
involved where solid waste is treated, stored, or dis-
posed of.
(7) In the case of the study described in sub-
section (b)(1), a profile of the industries in the re-
gion of the border between the United States and
Mexico.
(e) CONSULTATION AND COOPERATION.—In carrying
out this section, the Administrator shall consult with the
following entities in reviewing study activities:
(1) With respect to reviewing the study de-
scribed in subsection (b)(1), States and political sub-
divisions of States (including municipalities and
counties) in the region of the border between the
United States and Mexico.
(2) The heads of other Federal agencies (in-
cluding 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 review-
ing the study described in subsection (b)(1), equiva-
lent officials of the Government of Mexico.
(f) REPORTS TO CONGRESS.—On completion of the
studies under this section, the Administrator shall, not
later than 2 years after the date of enactment of this Act,
submit to the appropriate committees of Congress reports
that summarize the findings of the studies and propose
methods by which solid waste border traffic may be
tracked, from source to destination, on an annual basis.
(g) BORDER STUDY DELAY.—The conduct of the
study described in subsection (b)(2) shall not delay or oth-
erwise affect completion of the study described in sub-
section (b)(1).
(h) FUNDING.—If any funding needed to conduct the
studies required by this section is not otherwise available,
the President may transfer 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 Implementation Act (19
U.S.C. 3473) that are in excess of the amount needed to
carry out that section. 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 negotiated between
the Environmental Protection Agency and the State.
SEC. 502. STUDY OF INTERSTATE HAZARDOUS WASTE
TRANSPORT.
(a) DEFINITION OF HAZARDOUS WASTE.—In this
section, the term ‘‘hazardous waste’’ has the meaning pro-
vided 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 Administrator of the Envi-
ronmental Protection Agency shall conduct a study, and
report to Congress on the results of the study, to deter-
mine—
(1) the quantity of hazardous waste that is
being transported across State lines; and
(2) the ultimate disposition of the transported
waste.
SEC. 503. STUDY OF INTERSTATE SLUDGE TRANSPORT.
(a) DEFINITIONS.—In this section:
(1) SEWAGE
SLUDGE.—The term ‘‘sewage
sludge’’—
(A) means solid, semisolid, or liquid resi-
due generated during the treatment of domestic
sewage in a treatment works; and
(B) includes—
(i) domestic septage;
(ii) scum or a solid removed in a pri-
mary, secondary, or advanced wastewater
treatment process; and
(iii) material derived from sewage
sludge (as otherwise defined in this para-
graph); but
(C) does not include—
(i) ash generated during the firing of
sewage sludge (as otherwise defined in this
paragraph) in a sewage sludge incinerator;
or
(ii) grit or screenings generated dur-
ing preliminary treatment of domestic sew-
age in a treatment works.
(2) 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 Administrator of the Envi-
ronmental Protection Agency shall conduct a study, and
report to Congress on the results of the study, to deter-
mine—
(1) the quantity of sludge (including sewage
sludge) that is being transported across State lines;
and
(2) the ultimate disposition of the transported
sludge.
Æ