I
104TH CONGRESS
1ST SESSION
H. R. 1180
To amend the Solid Waste Disposal Act to provide congressional authorization
for restrictions on receipt of out-of-State municipal solid waste and
for State control over transportation of municipal solid waste, and to
clarify the authority for certain municipal solid waste flow control ar-
rangements, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 1995
Mr. UPTON (for himself, Mr. BOUCHER, and Mr. BONIOR) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to provide congres-
sional authorization for restrictions on receipt of out-
of-State municipal solid waste and for State control over
transportation of municipal solid waste, and to clarify
the authority for certain municipal solid waste flow con-
trol arrangements, 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’’.
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SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section
4010 the following new section:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE
WASTE.—
‘‘(1) IN GENERAL.—(A) Except as provided in
subsections (c), (e), and (g), effective January 1,
1996, a landfill or incinerator in a State may not re-
ceive for disposal or incineration any out-of-State
municipal solid waste unless the owner or operator
of such landfill or incinerator obtains explicit author-
ization (as part of a host community agreement)
from the affected local government to receive the
waste.
‘‘(B) An authorization granted after enactment
of this section pursuant to subparagraph (A) shall—
‘‘(i) be granted by formal action at a meet-
ing;
‘‘(ii) be recorded in writing in the official
record of the meeting; and
‘‘(iii) remain in effect according to its
terms.
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‘‘(C) An authorization granted pursuant to sub-
paragraph (A) may specify terms and conditions, in-
cluding an amount of out-of-State waste that an
owner or operator may receive and the duration of
the authorization.
‘‘(D) Promptly, but not later than ninety days
after such an authorization is granted, the affected
local government shall notify the Governor, contig-
uous local governments, and any contiguous Indian
tribes of an authorization granted under this sub-
section.
‘‘(2) INFORMATION.—Prior to seeking an au-
thorization to receive out-of-State municipal solid
waste pursuant to this subsection, the owner or op-
erator of the facility seeking such authorization shall
provide (and make readily available to the Governor,
each contiguous local government and Indian tribe,
and any other interested person for inspection and
copying) the following 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 (expressed in
terms of volume) of waste to be handled.
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‘‘(B) A map of the facility site indicating
location in relation to the local road system and
topography and hydrogeological features. The
map shall indicate any buffer zones to be ac-
quired 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 (in-
cluding identification of private wells and public
drinking water sources), and a discussion of al-
terations that may be necessitated by, or occur
as a result of, the facility.
‘‘(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
pollution control devices, source separation pro-
cedures (if any), methane monitoring and con-
trol, landfill covers, liners or leachate collection
systems, 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.
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‘‘(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-
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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.
‘‘(3) NOTIFICATION.—Prior to taking formal
action with respect to granting authorization to re-
ceive out-of-State municipal solid waste pursuant to
this subsection, an affected local government shall—
‘‘(A) notify the Governor, contiguous local
government, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a
newspaper of general circulation at least thirty
days before holding a hearing and again at
least fifteen days before holding the hearing, ex-
cept 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 one public hearing.
‘‘(b) ANNUAL STATE REPORT.—
‘‘(1) IN GENERAL.—Within ninety days after
enactment of this section and on April 1 of each
year thereafter the owner or operator of each landfill
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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. Within one hundred and
twenty days after enactment of this section and on
July 1 of each year thereafter each such State shall
publish and make available to the Administrator, the
governor of the State of origin and the public a re-
port containing information on the amount of out-
of-State municipal solid waste received for disposal
in the State during the preceding calendar year.
‘‘(2) CONTENTS.—Each submission referred to
in this subsection shall be such as would result in
criminal penalties in case of false or misleading in-
formation. Such submission shall include the amount
of waste received, the State of origin, the identity of
the generator, the date of shipment, and the type of
out-of-State municipal solid waste.
‘‘(3) LIST.—The Administrator shall publish a
list of States that the Administrator has determined
have exported out of State in any of the following
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calendar years an amount of municipal solid waste
in excess of—
‘‘(A) 3.5 million tons in 1996;
‘‘(B) 3.0 million tons in 1997;
‘‘(C) 3.0 million tons in 1998;
‘‘(D) 2.5 million tons in 1999;
‘‘(E) 2.5 million tons in 2000;
‘‘(F) 1.5 million tons in 2001;
‘‘(G) 1.0 million tons in 2002;
‘‘(H) 1.0 million tons in 2003; and
‘‘(I) 1.0 million tons in each calendar year
after 2003.
The list for any calendar year shall be published by
June 1 of the following calendar year.
‘‘(4) SAVINGS PROVISION.—Nothin in this sub-
section shall be construed to preempt any State re-
quirement that requires more frequent reporting of
information.
‘‘(c) FREEZE.—
‘‘(1) ANNUAL AMOUNT.—(A) Beginning Janu-
ary 1, 1996, except as provided in paragraph (2)
and unless it would result in a violation of, or be in-
consistent with, a host community agreement or per-
mit specifically authorizing the owner or operator of
a landfill or incinerator to accept out-of-State mu-
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nicipal solid waste at such landfill or incinerator,
and notwithstanding the absence of a request in
writing by the affected local government, a Gov-
ernor, in accordance with paragraph (3), may limit
the quantity of out-of-State municipal solid waste re-
ceived for disposal at each landfill or incinerator cov-
ered by the exceptions provided in subsection (e)
that is subject to the jurisdiction of the Governor, to
an annual amount equal to the quantity of out-of-
State municipal solid waste received for disposal at
such landfill or incinerator during calendar year
1993.
‘‘(B) At the request of an affected local govern-
ment that has not executed a host community agree-
ment, the Governor may limit the amount of out-of-
State municipal solid waste received annually for
disposal at the landfill or incinerator concerned to
the amount described in subparagraph (A). No such
limit may conflict with provisions of a permit specifi-
cally authorizing the owner or operator to accept, at
the facility, out-of-State municipal solid waste.
‘‘(C) A limit or prohibition under this section
shall be treated as conflicting and inconsistent with
a permit or host community agreement if—
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municipal solid waste on the basis of place of
origin.
‘‘(d) RATCHET.—
‘‘(1) IN GENERAL.—Unless it would result in a
violation of, or be inconsistent with, a host commu-
nity agreement or permit specifically authorizing the
owner or operator of a landfill or incinerator to ac-
cept out-of-State municipal solid waste at such land-
fill or incinerator, immediately upon the date of pub-
lication of the list required under subsection (b)(3),
and notwithstanding the absence of a request in
writing by the affected local government, a Gov-
ernor, in accordance with paragraph (4), may pro-
hibit the disposal of out-of-State municipal solid
waste, at any landfill or incinerator covered by the
exceptions in subsection (e) that is subject to the ju-
risdiction of the Governor, generated in any State
that is determined by the Administrator under sub-
section (b)(3) as having exported, to landfills or in-
cinerators not covered by host community agree-
ments or permits, in any of the following calendar
years an amount of municipal solid waste in excess
of the following:
‘‘(A) 3.5 million tons in 1996.
‘‘(B) 3.0 million tons in 1997.
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‘‘(C) 3.0 million tons in 1998.
‘‘(D) 2.5 million tons in 1999.
‘‘(E) 2.5 million tons in 2000.
‘‘(F) 1.5 million tons in 2001.
‘‘(G) 1.5 million tons in 2002.
‘‘(H) 1.0 million tons in 2003.
‘‘(I) 1.0 million tons in each calendar year
after 2003.
‘‘(2) ADDITIONAL EXPORT LIMITS.—
‘‘(A) PROHIBITION.—No State may export
to any one State more than the following
amounts of municipal solid waste in any of the
following calendar years:
‘‘(i) 1.0 million tons, or 90 percent of
the 1993 levels exported to the State,
whichever is greater, in 1996.
‘‘(ii) .9 million tons, or 90 percent of
the 1996 levels exported to the State,
whichever is greater, in 1997.
‘‘(iii) .8 million tons, or 90 percent of
the 1997 levels exported to a State, which-
ever is greater, in 1998.
‘‘(iv) .7 million tons, or 90 percent of
the 1998 levels exported to a State, which-
ever is greater, in 1999.
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‘‘(v) .6 million tons in 2000.
‘‘(vi) .5 million tons in 2001.
‘‘(vii) .5 million tons in any year after
2001, to landfills or incinerators not cov-
ered by host community agreements or
permits authorizing receipt of out-of-State
municipal solid waste.
‘‘(B) ACTION
BY
GOVERNOR.—The Gov-
ernor of an importing State may restrict levels
of imports of municipal solid waste into that
State to reflect the levels specified in subpara-
graph (A) if—
‘‘(i) The Governor of the importing
State has notified the Governor of the re-
porting State and the Administrator twelve
months prior to enforcement of the import-
ing State’s intention to impose the require-
ments of this section;
‘‘(ii) the Governor of the importing
State has notified the Governor of the ex-
porting State and the Administrator of the
violation by the exporting State of this sec-
tion at least ninety days prior to the en-
forcement of this section; and
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‘‘(iii) the restrictions imposed by the
Governor of the importing State are uni-
form at all facilities within the State re-
ceiving municipal solid waste from the ex-
porting State.
‘‘(3) DURATION.—The authority provided by
paragraph (1) or (2) or both shall apply for as long
as a State exceeds the levels allowable under para-
graph (1) or (2), as the case may be.
‘‘(4) UNIFORMITY.—Any restriction imposed by
a State under paragraph (1) or (2)—
‘‘(A) shall be applicable throughout the
State;
‘‘(B) shall not directly or indirectly dis-
criminate against any particular landfill or in-
cinerator within the State; and
‘‘(C) shall not directly or indirectly dis-
criminate against any shipments of out-of-State
municipal solid waste on the basis of State of
origin, in the case of States in violation of para-
graph (1) or (2).
‘‘(e) AUTHORIZATION NOT REQUIRED FOR CERTAIN
FACILITIES.—
‘‘(1) IN GENERAL.—The prohibition of the dis-
posal of out-of-State municipal solid waste in sub-
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section (a) shall not apply to landfills and inciner-
ators that—
‘‘(A) were in operation on the date of en-
actment of this section and received during cal-
endar year 1993 documented shipments of out-
of-State municipal solid waste, or
‘‘(B) before the date of enactment of this
section, the owner or operator entered into a
host community agreement or received a permit
specifically authorizing the owner or operator to
accept at the landfill or incinerator municipal
solid waste generated outside the State in which
it is or will be located.
‘‘(2) AVAILABILITY OF DOCUMENTATION.—The
owner or operator of a landfill or incinerator that is
exempt under paragraph (1) of this subsection from
the requirements of subsection (a) shall provide to
the State and affected local government, and make
available for inspection by the public in the affected
local community, a copy of the host community
agreement or permit referenced in paragraph (1).
The owner or operator may omit from such copy or
other documentation any proprietary information,
but shall ensure that at least the following informa-
tion is apparent: the volume of out-of-State munici-
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pal solid waste received, the place of origin of the
waste, and the duration of any relevant contract.
‘‘(3) DENIED OR REVOKED PERMITS.—A land-
fill or incinerator may not receive for disposal or in-
cineration out-of-State municipal solid waste in the
absence of a host community agreement if the oper-
ating permit or license for the landfill or incinerator
(or renewal thereof) was denied or revoked by the
appropriate State agency before the date of enact-
ment of this section unless such permit or license (or
renewal) has been reinstated as of such date of en-
actment.
‘‘(4) WASTE WITHIN BI-STATE METROPOLITAN
STATISTICAL AREAS.—The owner or operator of a
landfill or incinerator in a State may receive out-of-
State municipal solid waste without obtaining au-
thorization under subsection (a) from the affected
local government if the out-of-State waste is gen-
erated within, and the landfill or incinerator is lo-
cated within, the same bi-State level A metropolitan
statistical area (as defined by the Office of Manage-
ment and Budget and as listed by the Office of
Management and Budget as of the date of enact-
ment of this section) that contains two contiguous
major cities each of which is in a different State.
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‘‘(f) 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.
‘‘(g) SAVINGS CLAUSE.—Nothing in this section shall
be interpreted or construed to have any effect on State
law relating to contracts or to authorize or result in the
violation or failure to perform the terms of a written, le-
gally binding contract entered into before enactment of
this section during the life of the contract as determined
under State law.
‘‘(h) DEFINITIONS.—As used in this section:
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—(A)
For any landfill or incinerator, the term ‘affected
local government’ means—
‘‘(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 or if a majority of the authorized
public body’s members are not elected officials
the elected officials of the city, town, or town-
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ship, borough, county, or parish exercising pri-
mary responsibility for the use of the land on
which the facility is located or is proposed to be
located, except that for purposes of host com-
munity agreements entered into before the date
of enactment of this section, the term shall
mean either the public body described in sub-
paragraph (A) or the elected officials of the
city, town, township, borough, county, or parish
exercising primary responsibility for the use of
the land on which the facility is located or pro-
posed to be located. No host community agree-
ment that is entered into by the elected officials
described in clause (ii) may be overturned by an
act of a public body described in clause (i) if
such body is created by State law after the exe-
cution of such host community agreement.
‘‘(B) 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 the jurisdictions de-
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scribed in subparagraph (A) and received for dis-
posal or incineration in another.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding document or documents executed by
duly authorized officials of the affected local govern-
ment that specifically authorizes a landfill or inciner-
ator to receive municipal solid waste generated out-
of-State.
‘‘(3) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means refuse (and refuse-de-
rived fuel) discarded from a residential source, or
from a commercial, institutional, or industrial source
(or any combination thereof) to the extent such
waste is essentially the same as waste normally dis-
carded by households or was collected and disposed
of with other municipal solid waste as part of nor-
mal municipal solid waste collection services, and re-
gardless of when discarded, would be considered con-
ditionally exempt small quantity generator waste
under section 1001(d), such as paper, food, wood,
yard wastes, plastics, leather, rubber, appliances, or
other combustible or noncombustible materials such
as metal or glass (or any combination thereof). The
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term ‘municipal solid waste’ 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 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) 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.
‘‘(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
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located on property owned by a company
with which the generator is affiliated.
‘‘(E) Any solid waste generated incident to
the provision of service in interstate, intrastate,
foreign, or overseas air transportation.
‘‘(F) Except as specifically set out in sec-
tion 4011, (a), sewage sludge and residuals
from any sewage treatment plan, including any
sewage treatment plant required to be con-
structed in the state of Massachusetts pursuant
to any court order issued against the Massachu-
setts Water Resources Authority.
‘‘(G) 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.
‘‘(H) Any medical waste that is segregated
from or not mixed with municipal solid waste
(as otherwise defined in this paragraph).
‘‘(I) Any material or product returned
from a dispenser or distributor to the manufac-
turer for credit, evaluation, or possible reuse.
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‘‘(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
shall include municipal solid waste generated outside
of the United States.
‘‘(5) 
SPECIFICALLY
AUTHORIZED, 
SPECIFI-
CALLY
AUTHORIZES.—The terms ‘specifically au-
thorized’ and ‘specifically authorizes’ means an ex-
plicit authorization, contained in a host community
agreement or permit, to import waste from outside
the State. Such authorization may include a ref-
erence to a fixed radius surrounding the landfill or
incinerator that includes an area outside the State
or a reference to ‘any place of origin’, reference to
specific places outside the State, or use of such
phrases a ‘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.’’.
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SEC. 3. ADDITIONAL RESTRICTIONS.
(a) Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section
4010 the following new section:
‘‘SEC. 4011. INTERSTATE DISPOSAL OF SEWAGE SLUDGE.
‘‘(a) Notwithstanding any other provision of this act,
agricultural land or surface mine sites in a State may not
receive for disposal any out-of-State sewage sludge or re-
siduals from any sewage treatment plant unless the owner
of the agricultural land or surface mine site obtains ex-
plicit authorization (as a part of a host community agree-
ment) from the affected local government to receive the
sludge or residuals.’’.
SEC. 4. 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 after the item relating to section 4010 the fol-
lowing new item:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.
SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND
LOCAL GOVERNMENT CONTROL OVER MOVE-
MENT OF MUNICIPAL SOLID WASTE AND RE-
CYCLABLE MATERIALS.
(a) AMENDMENT OF SUBTITLE D.—Subtitle D of the
Solid Waste Disposal Act is amended by adding after sec-
tion 4010 the following new section:
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‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE
AND LOCAL GOVERNMENT CONTROL OVER
MOVEMENT OF MUNICIPAL SOLID WASTE
AND RECYCLABLE MATERIALS.
‘‘(a) AUTHORITY.—Each State and each political
subdivision thereof is authorized to exercise flow control
authority for municipal solid waste, and recyclable mate-
rials voluntarily relinquished by the owner or generator
of such materials, generated within its jurisdiction direct-
ing such municipal solid waste or recyclable materials to
one or more waste management facilities or facilities for
recyclable materials, if such flow control authority—
‘‘(1) is imposed pursuant to a law, ordinance,
regulation, or other legally binding provision or offi-
cial act of the State or political subdivision in effect
on May 15, 1994; and
‘‘(2) has been implemented by designating be-
fore May 15, 1994, the particular waste manage-
ment facilities in operation as of May 15, 1994, to
which the municipal solid waste or recyclable mate-
rials must be delivered.
The authority of this section shall only extend to the spe-
cific classes, categories, volumes or sources of municipal
solid waste to which flow control authority requiring a
movement to one or more waste management facilities was
actually applied on May 15, 1994 (or, in the case of a
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State or political subdivision that qualifies under sub-
section (b), to the specific classes or categories of munici-
pal solid waste for which the State or political subdivision
prior to May 15, 1994, had committed to the designation
of one or more waste management facilities). With regard
to facilities granted flow control authority pursuant to
subsection (b), if the specific classes or categories of mu-
nicipal solid waste are not clearly identified, the authority
of this section shall apply only to municipal solid waste
generated by households. With respect to each designated
facility, the authority of subsections (a) and (b) shall be
effective for the remaining life of a contract between the
State or political subdivision and any other person for the
movement or delivery of such waste or recyclable materials
(as in effect May 15, 1994), or until completion of the
original schedule for payment of the capital costs of the
facility concerned (as in effect May 15, 1994). With re-
spect to any facility to which a local government was di-
recting waste as of May 15, 1994, pursuant to a law or
ordinance of the state or political subdivision in effect on
May 15, 1994, the authority of this section shall be effec-
tive for the remaining life of a contract between the state
or political subdivision and any other person for the move-
ment or delivery of such waste or recyclable materials (as
in effect May 15, 1994) or until completion of the original
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schedule for payment of the capital costs of the facility
concerned (as in effect May 15, 1994).
‘‘(b) COMMITMENT
TO CONSTRUCTION.—Notwith-
standing the restrictions in subsection (a) (1) and (2), any
political subdivision of a State may be granted the flow
control authority in subsection (a), if—
‘‘(1) the law, ordinance, regulation, or other le-
gally binding provision specifically provides for flow
control authority for municipal solid waste generated
within its boundaries and was in effect as of May
15, 1994; and
‘‘(2) such political subdivision has taken action
prior to May 15, 1994, to commit to the designation
of one or more waste management facilities for such
method of disposal of municipal solid waste selected
under such law, ordinance, regulation, plan, or le-
gally binding provision. Such a commitment to the
designation of one or more waste management facili-
ties is demonstrated if the political subdivision of a
state presented revenue bonds for sale to specifically
provide revenue for the construction of such facility
prior to May 15, 1994.
‘‘(c) RETAINED AUTHORITY.—Upn the request of
any generator of municipal solid waste affected by this
section, the State or political subdivision shall authorize
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the diversion of all or a portion of the sold wastes gen-
erated by the generator making such request to a solid
waste facility, other than the facility or facilities originally
designated by the political subdivision, where the purpose
of such request is to provide a higher level of protection
for human health and the environment or to indemnify
or reduce potential future liability under Federal or State
law of such generator for the management of such wastes,
unless the state or political subdivision determines that the
facility to which the municipal solid waste is being diverted
does not provide a higher level of protection for human
health and the environment or does not indemnify or re-
duce the potential future liability under Federal or State
law of such generator for the management of such wastes.
Requests shall include information on the environmental
suitability of the proposed alternative treatment or dis-
posal facility and method, compared to that of the des-
ignated facility and method.
‘‘(d) REASONABLE REGULATION OF COMMERCE.—A
law, ordinance, regulation, or other legally binding provi-
sion or official act of a State or political subdivision, de-
scribed in subsection (a) or (b), that implements flow con-
trol authority in compliance with this section shall be con-
sidered to be a reasonable regulation of commerce and
shall not be considered to be an undue burden or otherwise
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as impairing, restraining, or discriminating against inter-
state commerce.
‘‘(e) FLOW CONTROL STUDY.—The Administrator, in
cooperation with the National Academy of Public Adminis-
tration and the Secretary of the Treasury, shall conduct
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 interfere with
the implementation of State solid waste management
plans, and whether such decision is likely to affect recy-
cling or composing. The Administration shall submit a re-
port on such study to the Congress, together with rec-
ommendations for needed legislation, if any, not later than
March 31, 1996.
‘‘(f) 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.
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‘‘(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 generator or owner of
recyclable materials from selling, purchasing, accept-
ing, conveying, or transporting any recyclable mate-
rials for purposes of transformation or remanufac-
ture into usable or marketable materials, unless the
generator or owner voluntarily made such recyclable
materials available to the State or political subdivi-
sion and relinquished any rights to, or ownership of,
such recyclable materials.
‘‘(g) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) MUNICIPAL
SOLID
WASTE.—The term
‘muncipial solid waste’ means, subject to the limita-
tions of subsection (a), any solid waste generated by
the general public or by households (including single
residences and multifamily residences of up to 4
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units) and from commercial, institutional, and in-
dustrial sources, to the extent such waste is essen-
tially the same as waste normally generated by
households or was collected and disposed of with
other municipal solid waste as part of normal munic-
ipal solid waste collection services, consisting of
paper, wood, yard waste, plastics, leather, rubber,
and other combustible materials and noncombustible
materials such as metal and glass, including residue
remaining after recyclable materials have been sepa-
rated from waste destined for disposal, and includ-
ing waste material removed from a septic tank,
septage pit, or cesspool (other than from portable
toilets), except that the term does not include—
‘‘(A) any waste identified or listed as a
hazardous waste under section 3001 of this Act
or waste regulated under the Toxic Substances
and 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;
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‘‘(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; or
‘‘(G) sludge.
‘‘(2) 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, composing of organic
materials such as food and yard waste, or reuse
(other than for the purpose of incineration). Mate-
rials shall be deemed ‘recyclable materials’ for the
purpose of subsection (a) only if the generator or
owner of the materials voluntarily made the mate-
rials available to the State or political subdivision
(or the designee of the State or political subdivision)
and relinquished any rights to, or ownership of, such
materials, and the State or political subdivision (or
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such designee) assumes such rights to, or ownership
of, such materials.
‘‘(3) WASTE
MANAGEMENT
FACILITY.—The
term ‘waste management facility’ means any facility
collecting, separating, storing, transporting, trans-
ferring, treating, processing, combusting, or dispos-
ing of municipal solid waste.
‘‘(4) FLOW CONTROL AUTHORITY.—The term
‘flow control authority’ means the authority to con-
trol the movement of solid waste or recyclable mate-
rials and direct such solid waste or recyclable mate-
rials to one or more designated waste management
facilities or facilities for recyclable materials.
‘‘(5) 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, to require that all or any portion of the munici-
pal solid waste or recyclable materials that is gen-
erated within the boundaries of the State or political
subdivision be delivered to a waste management fa-
cility or facility for recyclable materials identified by
the State or political subdivision.’’.
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SEC. 6. TABLE OF CONTENTS AMENDMENT.
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 4010:
‘‘Sec. 4011. Congressional authorization of State and local government control
over movement of municipal solid waste and recyclable mate-
rials.’’.
Æ
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