I
104TH CONGRESS
1ST SESSION
H. R. 2323
To amend the Solid Waste Disposal Act to authorize State and local govern-
ments to prohibit or restrict the receipt of out-of-State municipal solid
waste, to authorize local governments to control and direct the movement
of certain solid waste, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 1995
Mr. OXLEY (for himself, Mr. GILLMOR, Mr. GREENWOOD, Mr. CLINGER, Mr.
HAMILTON, Mr. PORTMAN, Ms. KAPTUR, and Mrs. JOHNSON of Con-
necticut) introduced the following bill; which was referred to the Commit-
tee on Commerce
A BILL
To amend the Solid Waste Disposal Act to authorize State
and local governments to prohibit or restrict the receipt
of out-of-State municipal solid waste, to authorize local
governments to control and direct the movement of cer-
tain 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘State and Local Gov-
ernment Interstate Waste Control Act of 1995’’.
TITLE I—INTERSTATE WASTE
SEC. 101. INTERSTATE TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding
after section 4010 the following new section:
‘‘SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MU-
NICIPAL SOLID WASTE.
‘‘(a) PRESUMPTIVE BAN ON RECEIPT OF OUT-OF-
STATE WASTE.—No landfill or incinerator may receive
any out-of-State municipal solid waste for disposal or in-
cineration unless the waste is received pursuant to—
‘‘(1) a host community agreement in accordance
with subsection (b) or (c), or
‘‘(2) an exemption under subsection (d).
‘‘(b) EXISTING HOST COMMUNITY AGREEMENTS.—
‘‘(1) EXEMPTION
FROM
BAN.—Out-of-State
municipal solid waste may be received at a landfill
or incinerator for disposal or incineration pursuant
to a host community agreement entered into before
the enactment of this section if—
‘‘(A) the agreement specifically authorizes
the owner or operator to accept, at the landfill
or incinerator, out-of-State municipal solid
waste; and
‘‘(B) the owner or operator complies with
all of the terms and conditions of the host com-
munity agreement.
The owner or operator shall provide a copy of the
host community agreement, within 90 days after the
enactment of this Act, to the State and affected
local government and make such a copy available for
inspection by the public in the affected local commu-
nity.
‘‘(2) REQUIREMENT
FOR
COMPLIANCE
WITH
CERTAIN
REQUIREMENTS.—The exemption under
this subsection shall not apply to a landfill or incin-
erator in operation on the date of the enactment of
this section if the State determines that the landfill
or incinerator was not in compliance as of such date
with applicable Federal and State laws and regula-
tions relating to facility operation and design and—
‘‘(A) in the case of landfills, facility loca-
tion standards, leachate collection standards,
groundwater monitoring standards, and stand-
ards for financial assurance and for closure and
post-closure and corrective action, and
‘‘(B) in the case of incinerators, the appli-
cable requirements of section 120 of the Clean
Air Act (42 U.S.C. 7429),
and that such noncompliance constitutes a threat to
human health or the environment.
‘‘(c) NEW HOST COMMUNITY AGREEMENTS.—
‘‘(1) EXEMPTION
FROM
BAN.—Out-of-State
municipal solid waste may be received at a landfill
or incinerator for disposal or incineration pursuant
to a host community agreement entered into on or
after the enactment of this section (hereinafter in
this section referred to as a ‘‘new host community
agreement) if the agreement specifically authorizes
the receipt of such waste and meets the require-
ments of paragraphs (2) through (5) of this sub-
section.
‘‘(2) REQUIREMENTS
FOR
AUTHORIZATION.—
An authorization to receive out-of-State municipal
waste pursuant to a new host community agreement
shall be granted by formal action at a meeting; be
recorded in writing in the official record of the meet-
ing; and remain in effect according to its terms.
Such authorization may specify terms and condi-
tions, including an amount of out-of-State waste
that an owner or operator may receive and the dura-
tion of the authorization.
‘‘(3) INFORMATION.—Prior to seeking an au-
thorization to receive out-of-State municipal solid
waste pursuant to a new host community agreement
under this subsection, the owner or operator of the
facility seeking such authorization shall provide (and
make readily available to the State, each contiguous
local government and Indian tribe, and any other in-
terested person for inspection and copying) each of
the following items of information:
‘‘(A) A brief description of the facility, in-
cluding, with respect to both the facility and
any planned expansion of the facility, the size,
ultimate waste capacity, and the anticipated
monthly and yearly quantities of waste to be
handled. Such quantities shall be expressed in
terms of volume.
‘‘(B) A map of the facility site indicating
location in relation to the local road system and
topography and general hydrogeological fea-
tures. The map shall indicate any buffer zones
to be acquired by the owner or operator as well
as all facility units.
‘‘(C) A description of the then current en-
vironmental characteristics of the site, a de-
scription of ground water use in the area, and
a discussion of alterations that may be neces-
sitated by, or occur as a result of, the facility.
The description of groundwater use shall in-
clude identification of private wells and public
drinking water sources.
‘‘(D) A description of environmental con-
trols typically required to be used on the site
(pursuant to permit requirements), including
run on or run off management, or both, air pol-
lution control devices, source separation proce-
dures (if any), methane monitoring and control,
landfill covers, liners or leachate collection sys-
tems, and monitoring programs. In addition,
the description shall include a description of
any waste residuals generated by the facility,
including leachate or ash, and the planned man-
agement of the residuals.
‘‘(E) A description of site access controls
to be employed, and roadway improvements to
be made, by the owner or operator, and an esti-
mate of the timing and extent of increased local
truck traffic.
‘‘(F) A list of all required Federal, State,
and local permits.
‘‘(G) Estimates of the personnel require-
ments of the facility, including information re-
garding the probable skill and education levels
required for jobs at the facility. To the extent
practicable, the information shall distinguish
between 
employment 
statistics 
for
preoperational and postoperational levels.
‘‘(H) Any information that is required by
State or Federal law to be provided with re-
spect to any violations of environmental laws
(including regulations) by the owner, the opera-
tor, and any subsidiary of the owner or opera-
tor, the disposition of enforcement proceedings
taken with respect to the violations, and correc-
tive action and rehabilitation measures taken as
a result of the proceedings.
‘‘(I) Any information that is required by
State or Federal law to be provided with re-
spect to gifts and contributions made by the
owner or operator.
‘‘(J) Any information that is required by
State or Federal law to be provided with re-
spect to compliance by the owner or operator
with the State solid waste management plan.
‘‘(4) PRIOR
NOTIFICATION.—Prior to taking
formal action with respect to granting authorization
to receive out-of-State municipal solid waste pursu-
ant to a new host community agreement under this
subsection, an affected local government shall—
‘‘(A) notify the State, contiguous local gov-
ernments, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a
newspaper of general circulation at least 15
days before holding a hearing under subpara-
graph (C), except where State law provides for
an alternate form of public notification; and
‘‘(C) provide an opportunity for public
comment in accordance with State law, includ-
ing at least 1 public hearing.
‘‘(5) SUBSEQUENT
NOTIFICATION.—Promptly,
but not later than 90 days after an authorization is
granted pursuant to a new host community agree-
ment under this subsection, the affected local gov-
ernment shall notify the Governor, contiguous local
governments, and any contiguous Indian tribes of
such authorization.
‘‘(d) EXEMPTION
FOR WASTE NOT SUBJECT
TO
HOST COMMUNITY AGREEMENTS.—
‘‘(1) IN
GENERAL.—Out-of-State municipal
solid waste received at a landfill or incinerator shall
be exempt from the presumptive ban contained in
subsection (a) if the owner or operator of the landfill
or incinerator provides either of the following to the
State in which the landfill or incinerator is located
and to the affected local government:
‘‘(A) PERMIT.—Information establishing
that, before the date of the enactment of this
section, the owner or operator of the landfill or
incinerator has received a State permit specifi-
cally authorizing the owner or operator to ac-
cept, at the landfill or incinerator, such out-of-
State municipal solid waste. This subparagraph
shall be effective only if the owner or operator
complies with all of the terms and conditions of
the permit and notifies the affected local gov-
ernment of the permit as soon as practicable
but not later than 90 days after the date of en-
actment of this section.
‘‘(B) DOCUMENTED
SHIPMENTS.—Infor-
mation establishing that during 1993, the land-
fill or incinerator received shipments of out-of-
State municipal solid waste. Such information
shall be in such documented form as will result
in criminal penalties under State law in case of
false or misleading information. Such informa-
tion shall include information about the date of
shipment, place of origin of such waste, and the
type of such waste.
‘‘(2) COMPLIANCE
WITH
CERTAIN
LAWS
RE-
QUIRED.—The exemption under this subsection shall
not apply to a landfill or incinerator in operation on
the date of the enactment of this section if the State
determines that the landfill or incinerator was not in
compliance as of such date with applicable Federal
and State laws and regulations relating to facility
operation and design and—
‘‘(A) in the case of landfills, facility loca-
tion standards, leachate collection standards,
groundwater monitoring standards, and stand-
ards for financial assurance and for closure and
post-closure and corrective action,
‘‘(B) in the case of incinerators, the appli-
cable requirements of section 120 of the Clean
Air Act (42 U.S.C. 7429), and
‘‘(C) that such noncompliance constitutes a
threat to human health or the environment.
‘‘(3) AMOUNT
LIMITATION
ON
PARAGRAPH
(1)(B) EXEMPTION.—The amount of out-of-State mu-
nicipal solid waste exempt under paragraph (1)(B)
from the presumptive ban contained in subsection
(a) shall be determined as provided in this para-
graph.
‘‘(A) STATES NOT EXERCISING RATCHET
AUTHORITY UNDER SUBSECTION (f).—In States
which do not establish a limit on out-of-State
municipal solid waste under subsection (f) (re-
lating to the ratchet authority), the amount of
exempt out-of-State municipal solid waste shall
be determined under clause (i) or (ii).
‘‘(i) WASTE UNDER CONTRACT.—For
out-of-State municipal solid waste received
at the landfill or incinerator under a con-
tract in effect during 1993, the exemption
under paragraph (1)(B) shall apply only to
the amount of out-of-State municipal solid
waste specified in the contract and only for
the longer of the following periods:
‘‘(I) The life of the contract.
‘‘(II) The period ending 3 years
after the enactment of this section.
If the contract expires prior to the end of
the 3-year period, the exempt amount shall
be an annual amount equal to the average
annual amount of out-of-State municipal
solid waste received at the landfill or incin-
erator over the life of the contract.
‘‘(ii) SPOT WASTE.—For out-of-State
municipal solid waste received at the land-
fill or incinerator in the absence of a con-
tract in effect during 1993, the exemption
under paragraph (1)(B) shall not be lim-
ited in amount under this subsection but
shall apply to the receipt of out-of-State
municipal solid waste only for a period
ending 3 years after the enactment of this
section.
‘‘(B) STATES
EXERCISING
RATCHET
AU-
THORITY
UNDER
SUBSECTION (f).—In States
which establish a limit on out-of-State munici-
pal solid waste under subsection (f) (relating to
the ratchet authority), the exemption under
paragraph (1)(B) shall be limited to the same
amounts and time periods as specified in sub-
paragraph (A) except that in lieu of the 3-year
period referred to in subparagraph (A) there
shall be substituted a period ending January 1,
2001.
‘‘(4) AVAILABILITY OF DOCUMENTATION.—The
owner or operator of a landfill or incinerator receiv-
ing waste pursuant to an exemption under this sub-
section shall make available for inspection by the
public in the affected local community, a copy of the
documentation referred to in paragraph (1). The
owner or operator may omit any proprietary infor-
mation contained in contracts, but shall ensure that
at least the following information is apparent: the
volume of out-of-State municipal solid waste to be
received, the source of the waste, and the duration
of the contract.
‘‘(5) DENIED OR REVOKED PERMITS.—A land-
fill or incinerator may not receive for disposal or in-
cineration out-of-State municipal solid waste pursu-
ant to an exemption under paragraph (1)(B) if the
operating permit or license for the landfill or incin-
erator (or renewal thereof) was denied or revoked by
the appropriate State agency before the date of en-
actment of this section unless such permit or license
(or renewal) has been reinstated as of such date of
enactment.
‘‘(6) WASTE WITHIN BI-STATE METROPOLITAN
STATISTICAL AREAS.—A landfill or incinerator in a
State shall be exempt from the presumptive ban set
forth in subsection (a) if the out-of-State waste is
generated within, and the landfill or incinerator is
located within, the same bi-State level A metropoli-
tan statistical area (as defined by the Office of Man-
agement and Budget and as listed by the Office of
Management and Budget as of the date of enact-
ment of this section) which contains two contiguous
major cities each of which is in a different State.
‘‘(7) EXEMPTION
UNDER
THIS
SUBSECTION
SUBJECT TO FREEZE OR RATCHET.—The authority
of a landfill or incinerator to receive out-of-State
municipal solid waste pursuant to an exemption
under this subsection may be limited by a State pur-
suant to either subsection (e) (relating to the freeze)
or subsection (f) (relating to the ratchet).
‘‘(e) AUTHORITY OF STATE TO FREEZE CERTAIN
EXEMPT OUT-OF-STATE MUNICIPAL SOLID WASTE.—
‘‘(1) FREEZE.—A State in which a landfill or
incinerator is located may establish a limit, as pro-
vided in this subsection, on the amount of out-of-
State municipal solid waste received annually for
disposal at each landfill or incinerator in the State
pursuant 
to 
an 
exemption 
under 
subsection
(d)(1)(B), or the affected local government may
limit the amount of out-of-State municipal solid
waste received annually for disposal at a particular
landfill or incinerator pursuant to an exemption
under subsection (d)(1)(B). For any landfill or in-
cinerator, a limit under this subsection shall be in
lieu of any limit under subsection (f) (relating to the
ratchet).
‘‘(2) LIMITATION AMOUNT.—For any landfill or
incinerator that commenced receiving documented
out-of-State municipal solid waste before the date of
enactment of this section, any limitation under para-
graph (1) for any year shall be equal to the amount
of out-of-State municipal solid waste received for
disposal at the landfill or incinerator concerned dur-
ing calendar year 1993. The documentation referred
to in this subparagraph shall be such as would result
in criminal penalties in case of false or misleading
information. Such documentation shall include the
amount of waste received, place of origin, including
the identity of the generator, date of shipment, and
type of waste.
‘‘(3) NO
DISCRIMINATION.—In establishing a
limitation under this subsection, a State shall act in
a consistent manner that does not discriminate
against any shipments of out-of-State municipal
solid waste on the basis of State of origin.
‘‘(4) EFFECT
ON
OTHER
LAWS.—Nothing in
this subsection shall be interpreted or construed to
have any effect on any State law relating to con-
tracts.
‘‘(f) RATCHET.—
‘‘(1) AUTHORITY.—Any State (hereinafter in
this subsection referred to as an ‘importing State’)
that imported more than 750,000 tons of out-of-
State municipal solid waste in 1993 may establish a
limit under this subsection on the amount of out-of-
State municipal solid waste received pursuant to the
authority of subsection (d)(1)(B) for disposal at
landfills and incinerators in the importing State. A
limit under this paragraph shall be in lieu of any
limit imposed under subsection (e) (relating to the
freeze). A limit under this paragraph may be im-
posed only if each of the following requirements are
met:
‘‘(A) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 12 months before impo-
sition of the limit.
‘‘(B) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 90 days before enforce-
ment of the limit.
‘‘(C) The percentage reduction in the
amount of out-of-State municipal solid waste
which is received at each facility pursuant to
subsection (d)(1)(B) in the importing State at
which a limit may be established under this
subsection shall be uniform for all such facili-
ties.
‘‘(2) 
PERCENTAGE.—The 
limit 
established
under this subsection shall be a percentage of the
amount of out-of-State municipal solid waste gen-
erated in the exporting State during calendar year
1993 and received at facilities in the importing State
in which a limit is established under this subsection.
For any calendar year after 1996, the percentage
shall be as specified in the following table:
Applicable
‘‘Calendar year:
Percentage:
1997 .........................................................................................
1998 .........................................................................................
1999 .........................................................................................
2000 .........................................................................................
after 2000 ................................................................................
50.
‘‘(g) NEEDS DETERMINATION.—Any comprehensive
solid waste management plan approved under Federal or
State law and any implementation of such plan through
the State permitting process may take into account local
and regional needs for solid waste disposal capacity. An
affected local government may make a determination that
there is no local or regional need for a new landfill or in-
cinerator or major modification creating additional capac-
ity at an existing facility in the area under the jurisdiction
of the affected local government. Such determination shall
be based on a finding that the proposed facility does not
have a host community agreement or is inconsistent with
the capacity needs established in the comprehensive solid
waste management plan adopted by the affected local gov-
ernment pursuant to State law. No comprehensive solid
waste management plan may expressly prohibit the impor-
tation of municipal solid waste from out of State.
‘‘(h) 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.
‘‘(i) EFFECT ON INTERSTATE COMMERCE.—No State
prohibition or limitation established as provided this sec-
tion, no State planning and permitting process referred
to in subsection (g), and no State law or regulation re-
ferred to in subsection (h) shall be considered to impose
an undue burden on interstate commerce or to otherwise
impair, restrain, or discriminate against interstate com-
merce.
‘‘(j) ANNUAL STATE REPORT.—Each year the owner
or operator of each landfill or incinerator receiving out-
of-State municipal solid waste shall submit to the Gov-
ernor of the State in which the landfill or incinerator is
located information specifying the amount of out-of-State
municipal solid waste received for disposal during the pre-
ceding year. Each year each such State shall publish and
make available to the public, a report containing informa-
tion on the amount of out-of-State municipal solid waste
received for disposal in the State during the preceding
year.
‘‘(k) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A) Ex-
cept as provided in subparagraphs (B) and (C), for
any landfill or incinerator, the term ‘affected local
government’ shall mean—
‘‘(i) the public body authorized by State
law to plan for the management of municipal
solid waste, a majority of the members of which
are elected officials, for the area in which the
landfill or incinerator is located or proposed to
be located, or
‘‘(ii) if there is no such body created by
State law, the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility for the use of land on
which the facility is located or proposed to be
located.
‘‘(B) In the case of host community agreements
entered into before the convening of the 104th Con-
gress, for any landfill or incinerator, the term shall
mean either the public body described in clause (i)
of subparagraph (A) or the elected officials of the
city, town, township, borough, county, or parish ex-
ercising primary responsibility for the use of land on
which the facility is located or proposed to be lo-
cated.
‘‘(C) In the case of host community agreements
entered into after the convening of the 104th Con-
gress, but before the date of enactment of this sec-
tion, for any landfill or incinerator, the term shall
mean either the public body described in clause (i)
of subparagraph (A) or, with the approval of such
public body, the elected officials of the city, town,
township, borough, county, or parish exercising pri-
mary responsibility for the use of land on which the
facility is located or proposed to be located.
‘‘(D) Two or more Governors of adjoining
States may use the authority provided in section
1005(b) to enter into an agreement under which
contiguous units of local government located in each
of the adjoining States may act jointly as the af-
fected local government for purposes of providing
authorization under subsection (a) for municipal
solid waste generated in one of such counties and
received for disposal or incineration in another.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding agreement, lawfully entered into be-
tween an owner or operator of a landfill or inciner-
ator and an affected local government that specifi-
cally authorizes the landfill or incinerator to receive
out-of-State municipal solid waste.
‘‘(3) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
discarded for disposal by households, including sin-
gle and multifamily residences, and hotels and mo-
tels. The term also includes waste materials gen-
erated by commercial, institutional, and industrial
sources, to the extent such wastes are essentially the
same as waste normally generated by households or
were collected and disposed of with other municipal
solid waste as part of normal municipal solid waste
collection services, and regardless of when generated,
would be considered conditionally exempt small
quantity generator waste under section 3001(d). Ex-
amples of municipal solid waste include food and
yard waste, paper, clothing, appliances, consumer
product packaging, disposable diapers, office sup-
plies, cosmetics, glass and metal food containers, ele-
mentary or secondary school science laboratory
waste, and household hazardous waste. Such term
shall include debris resulting from construction, re-
modeling, repair, or demolition of structures other
than debris that is not otherwise commingled with
other municipal solid waste and has been determined
by the generator, to be contaminated. For purposes
of determining whether any such debris is contami-
nated, the generator shall conduct representative
sampling and analysis of such debris, the results of
which shall be submitted to the affected local gov-
ernment for record keeping purposes only, unless not
required by the affected local government. Any such
debris that has been determined to be contaminated
shall be disposed of in a landfill that meets, at a
minimum, the requirements of this subtitle. The
term does not include any of the following:
‘‘(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—
‘‘(i) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606),
‘‘(ii) a response action taken under a
State law with authorities comparable to
the authorities of section 104 or 106, or
‘‘(iii) a corrective action taken under
this Act.
‘‘(C) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste des-
tined for disposal, including scrap rubber to be
used as a fuel source.
‘‘(D) Materials and products returned
from a dispenser or distributor to the manufac-
turer or an agent of the manufacturer for cred-
it, evaluation, and possible reuse.
‘‘(E) 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
or unit thereof that is owned or operated
by the generator of the waste or located on
property owned by the generator or a com-
pany with which the generator is affiliated
or the capacity of which is contractually
dedicated exclusively to a specific generator
so long as the disposal area complies with
local and State land use and zoning regula-
tions applicable to the disposal site.
‘‘(F) Any medical waste that is segregated
from or not mixed with solid waste.
‘‘(G) Sewage sludge and residuals from
any sewage treatment plant, including any sew-
age treatment plant required to be constructed
in the State of Massachusetts pursuant to any
court order issued against the Massachusetts
Water Resources Authority.
‘‘(H) Combustion ash generated by re-
source recovery facilities or municipal inciner-
ators, or waste from manufacturing or process-
ing (including pollution control) operations not
essentially the same as waste normally gen-
erated by households.
‘‘(4) 
OUT-OF-STATE
MUNICIPAL
SOLID
WASTE.—The term ‘out-of-State municipal solid
waste’, means, with respect to any State, municipal
solid waste generated outside of the State. The term
includes municipal solid waste generated outside of
the United States.
‘‘(5) 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.
‘‘(6) SPECIFIC AUTHORIZATION.—For purposes
of this section, the term ‘specifically authorizes’ re-
fers to an explicit authorization, contained in a host
community agreement or permit, to import waste
from outside the State. Such authorization may in-
clude a reference to a fixed radius surrounding the
landfill or incinerator which includes an area outside
the State or a reference to ‘any place of origin’, ref-
erence 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 or locations outside the State from which the
owner or operator of a landfill or incinerator pro-
poses to import it. The term shall not include gen-
eral references to the receipt of waste from outside
the jurisdiction of the affected local government.’’.
(b) TABLE OF CONTENTS.—The table of contents of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding after the item relating to section 4010
the following new item:
‘‘Sec. 4011. Receipt and disposal of out-of-State municipal solid waste.’’.
TITLE II—FLOW CONTROL
SEC. 201. CONGRESSIONAL AUTHORIZATION OF STATE AND
LOCAL MUNICIPAL SOLID WASTE FLOW CON-
TROL.
(a) AMENDMENT OF SUBTITLE D.—Subtitle D of the
Solid Waste Disposal Act is amended by adding after sec-
tion 4011 the following new section:
‘‘SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE
AND LOCAL GOVERNMENT CONTROL OVER
MOVEMENT OF MUNICIPAL SOLID WASTE
AND RECYCLABLE MATERIALS.
‘‘(a) FLOW CONTROL AUTHORITY FOR FACILITIES
DESIGNATED AND IN OPERATION AS OF MAY 15, 1994.—
Any State or political subdivision thereof is authorized to
exercise flow control authority to direct the movement of
municipal solid waste, and recyclable materials voluntarily
relinquished by the owner or generator thereof, to particu-
lar waste management facilities, or facilities for recyclable
materials, designated and in operation as of May 15,
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, as the case may
be, determined as of May 15, 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 official act of the State or political sub-
division that—
‘‘(A) was in effect on May 15, 1994, or
‘‘(B) would have been in effect on that
date but for the issuance of an injunction or
other order by a court based on a ruling that
such law, ordinance, regulation, resolution, or
other legally binding provision or official act
violated the Commerce Clause of the United
States Constitution.
The authority of this subsection shall only permit the exer-
cise of flow control authority for the specific classes or
categories of municipal solid waste and voluntarily relin-
quished recyclable materials to which flow control author-
ity was applicable on May 15, 1994, or immediately before
the effective date of an injunction or other court order
referred to in subparagraph (B) and only if the facility
concerned received municipal solid waste in those classes
or categories prior to May 15, 1994, or the effective date
of such injunction or other court order.
‘‘(b) COMMITMENT TO DESIGNATION.—Any State or
political subdivision thereof is authorized to exercise flow
control authority to direct the movement of municipal
solid waste, and recyclable materials voluntarily relin-
quished by the owner or generator thereof, to particular
waste management facilities, or facilities for recyclable
materials, not covered by subsection (a), if the condition
of paragraph (1) of subsection (a) is met and each of the
following conditions are also met:
‘‘(1) Such flow control authority is imposed
through the adoption or execution of a law, ordi-
nance, regulation, resolution, or other legally binding
provision or official act of the State or political sub-
division that specifically provides for flow control au-
thority for municipal solid waste or recyclable mate-
rials, or both, generated within its boundaries and
that—
‘‘(A) was in effect on May 15, 1994, or
‘‘(B) would have been in effect on that
date but for the issuance of an injunction or
other order by a court referred to in subsection
(a)(2)(B).
‘‘(2) The State or political subdivision has
taken one or more of the following actions prior to
May 15, 1994, to commit to the designation of such
waste management facilities or facilities for recycla-
ble materials:
‘‘(A) The State or political subdivision has
obtained all required permits for the construc-
tion of the facility concerned.
‘‘(B) The State or political subdivision has
executed contracts for the construction of such
facility.
‘‘(C) The State or political subdivision has
presented bonds for sale specifically to provide
revenue for the construction of such facility.
‘‘(D) The State or political subdivision has
submitted to the appropriate regulatory agen-
cies administratively complete permit applica-
tions for the construction and operation of such
facility and within 30 months after such permit
is issued the State has issued all bonds nec-
essary to provide revenue for the construction
of such facility.
‘‘(E) Designation of the solid waste man-
agement facility or recycling facility was com-
pleted by May 15, 1994, or would have been
completed by May 15, 1994, but for any notice
and comment period mandated under State law
for the designation.
‘‘(F) The State or political subdivision has
executed a contract or agreement (otherwise
known as a ‘put or pay agreement’) that obli-
gates or otherwise requires the State or political
subdivision to deliver a minimum quantity of
flow controllable solid waste or recyclable mate-
rials to a waste management facility or facility
for recyclable materials and that obligates or
otherwise requires the State or political subdivi-
sion to pay for that minimum quantity of mu-
nicipal solid waste or recyclable materials even
if the stated minimum quantity of such waste
or recyclable materials is not delivered within a
required timeframe.
This subsection shall only permit the exercise of flow con-
trol authority for the specific classes or categories of mu-
nicipal solid waste or voluntarily relinquished recyclable
materials clearly identified by the State or political sub-
division prior to May 15, 1994. If specific classes or cat-
egories of municipal solid waste or recyclable materials are
not clearly identified, the authority of this section shall
apply only to municipal solid waste generated by house-
holds.
‘‘(c) DURATION OF SUBSECTION (a) FLOW CONTROL
AUTHORITY.—Flow control authority may be exercised
pursuant to subsection (a) for any facility or facilities only
until the later of the following:
‘‘(1) The expiration date of a contract between
the State or political subdivision and any other per-
son regarding the movement or delivery of the mu-
nicipal solid waste or recyclable materials concerned.
Such expiration date shall be determined based upon
the contract provisions in effect on May 15, 1994.
‘‘(2) The expiration date of any State or munic-
ipal bond issued to pay the capital costs of a waste
management facility or facility for recyclable mate-
rials, whether it is the sole facility to which solid
waste or recyclable materials have been directed or
one of several facilities owned or operated by a mu-
nicipality from which solid waste revenue was
pledged in order to obtain bond financing. Such ex-
piration date shall be determined based upon the
bond provisions in effect on May 15, 1994, except
that in the case of an environmental retrofit for
which an additional bond is issued during the term
of the bond in effect on May 15, 1994, such expira-
tion date shall be the earlier of—
‘‘(A) the expiration date of the additional
bond, or
‘‘(B) the date 25 years after the issuance
of the additional bond.
‘‘(3) The expiration of the useful life of a facil-
ity in existence as of May 15, 1994 (not including
expansions).
‘‘(d) DURATION OF SUBSECTION (b) FLOW CONTROL
AUTHORITY.—Flow control authority may be exercised
pursuant to subsection (b) only until the expiration date
of the original bond issued to pay the capital costs of such
facility, except that flow control authority may be exer-
cised pursuant to a demonstration under subparagraph
(F) of subsection (b)(2) for any facility only until expira-
tion date of the contract referred to in such subparagraph.
Such expiration date shall be determined based upon the
contract provisions as in effect on May 15, 1994.
‘‘(e) VOLUNTARY OPT-OUT FOR GENERATORS AND
TRANSPORTERS.—Notwithstanding any other provision of
this section, upon the request of any generator of munici-
pal solid waste or recyclable materials affected by this sec-
tion, the State or political subdivision may authorize the
diversion of all or a portion of the solid waste or recyclable
materials generated by the generator making such request
to a solid waste management facility, or facility for recy-
clable materials, other than the facility or facilities origi-
nally designated by the political subdivision.
‘‘(f) MANDATORY OPT-OUT FOR GENERATORS AND
TRANSPORTERS.—Notwithstanding any other provision of
this section, no State or local government may require any
generator or transporter of municipal solid waste or recy-
clable materials to transport such waste or materials, or
deliver such waste or materials for transportation, to any
site listed on the National Priorities List established under
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 unless such State or local
government has indemnified the generator or transporter
against all liability under that Act with respect to such
waste or materials.
‘‘(g) FLOW CONTROL STUDY.—The Administrator,
in cooperation with the National Academy of Public Ad-
ministration and the Secretary of the Treasury, shall con-
duct a study of the extent to which the decision of the
United States Supreme Court in C&A Carbone v.
Clarkstown, New York has affected the ability of public and
private agencies and entities to secure or retain financing
for solid waste management facilities or services. Such
study shall address whether such decision is likely to inter-
fere with the implementation of State solid waste manage-
ment plans, and whether such decision is likely to affect
recycling or composting. The Administration shall submit
a report on such study to the Congress, together with rec-
ommendations for needed legislation, if any, not later than
March 31, 1996.
‘‘(h) EFFECT
ON
EXISTING
LAWS
AND
CON-
TRACTS.—
‘‘(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.
‘‘(i) FACILITY EXPANSIONS.—Nothing in this sub-
section (a) shall authorize the exercise of flow control au-
thority by a State or political subdivision to direct munici-
pal solid waste or recyclable materials to any unit of a
facility owned by any person if the construction of such
unit is commenced after May 15, 1994, unless—
‘‘(1) such unit is on land owned by such person
on May 15, 1994;
‘‘(2) in the case of any State or political sub-
division which, on May 15, 1994, required zoning for
solid waste management or the management of recy-
clable materials, the land on which such unit is lo-
cated was zoned on May 15, 1994, for solid waste
management or the management of recyclable mate-
rials;
‘‘(3) the unit is contiguous to one or more other
units for which flow control authority may be exer-
cised under subsection (a), the construction of which
commenced on or before May 15, 1994;
‘‘(4) the capacity represented by such unit was
identified as of May 15, 1994, in the solid waste
management plan for such facility; and
‘‘(5) the maximum annual capacity of the facil-
ity to receive municipal solid waste or recyclable ma-
terials does not increase.
‘‘(j) ADDITIONAL AUTHORITY
FOR AREAS WITH
PRE-1984 FLOW CONTROL.—Notwithstanding anything
to the contrary in this section, until 30 years after the
date of enactment of this section, a State or political sub-
division of a State that, on or before January 1, 1984,
adopted regulations under a State law that required or
directed the transportation, management, or disposal of
solid waste from residential, commercial, or institutional,
or industrial sources (as defined under State law) to spe-
cifically identified waste management facilities, and ap-
plied those regulations to every political subdivision of the
State, may—
‘‘(1) exercise flow control authority over all
classes and categories of solid waste that were sub-
ject to flow control on May 15, 1994; and
‘‘(2) exercise flow control authority over such
solid waste from any existing or future waste man-
agement facility to any other existing or future
waste management facility.
‘‘(k) 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 after May 15,
1994, and before the date of the enactment of this
section;
‘‘(2) the facility is located over a sole source aq-
uifer and within one mile of a coastal zone; and
‘‘(3) the facility is not fully permitted and oper-
ating in complete official compliance with all Fed-
eral, State, and local environmental regulations.
‘‘(l) SAVINGS CLAUSE.—Nothing in this section is in-
tended to prevent any State or political subdivision from
franchising, licensing, or contracting for solid waste collec-
tion, processing, or disposal.
‘‘(m) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) DESIGNATE; DESIGNATION.—The terms
‘designate’, ‘designated’, ‘designating’, and ‘designa-
tion’ mean a requirement of a State or political sub-
division, and the act of a State or political subdivi-
sion, individually or collectively, to require that all or
any portion of the municipal solid waste or recycla-
ble materials that is generated within the boundaries
of the State or any political subdivision be delivered
to one or more waste management facilities or facili-
ties for recyclable materials identified by the State
or political subdivision.
‘‘(2) ENVIRONMENTAL
RETROFIT.—The term
‘environmental retrofit’ means construction or recon-
struction at a waste management facility or facility
for recyclable materials that is mandated in order to
comply with Federal environmental law (or a State
requirement adopted pursuant to a Federal environ-
mental law) and which requires a capital expendi-
ture.
‘‘(3) 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 15, 1994.
‘‘(4) 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 response taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 or any corrective action
taken under this Act.
‘‘(C) Construction and demolition debris.
‘‘(D) Medical waste listed in section 11002
of this Act.
‘‘(E) Industrial waste generated by manu-
facturing or industrial processes, including
waste generated during scrap processing and
scrap recycling.
‘‘(F) Recyclable materials.
‘‘(G) Sludge.
‘‘(5) 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.
‘‘(6) 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 rubber to be used as a fuel
source. Materials shall be deemed ‘recyclable mate-
rials’ for the purpose of subsection (a) only if the
generator or owner of the materials voluntarily made
the materials available to the State or political sub-
division (or the designee of the State or political
subdivision) and relinquished any rights to, or own-
ership of, such materials, and the State or political
subdivision (or such designee) assumes such rights
to, or ownership of, such materials.
‘‘(7) 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 municipal solid waste
flow control.’’.
Æ
HR 2323 IH——2
HR 2323 IH——3
HR 2323 IH——4