Union Calendar No. 408
103D CONGRESS
2D SESSION
H. R. 4683
[Report No. 103–738]
A BILL
To amend the Solid Waste Disposal Act to provide
congressional authorization of State control over
transportation of municipal solid waste, and for
other purposes.
SEPTEMBER 22, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 408
103D CONGRESS
2D SESSION
H. R. 4683
[Report No. 103–738]
To amend the Solid Waste Disposal Act to provide congressional authorization
of State control over transportation of municipal solid waste, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 1994
Mr. PALLONE introduced the following bill; which was referred to the
Committee on Energy and Commerce
SEPTEMBER 22, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 29, 1994]
A BILL
To amend the Solid Waste Disposal Act to provide congres-
sional authorization of State control over transportation
of municipal 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,
rent solid waste management needs (as of the
date of the record) or the anticipated solid waste
management needs of the State or qualified polit-
ical subdivision for management of municipal
solid waste or recyclable materials; and
‘‘(ii) provides a written explanation of the
reasons of the finding described in clause (i).
‘‘(3) The authority to direct, limit, regulate, or pro-
hibit the transportation, management, or disposal of solid
waste pursuant to subsection (a)(2) shall apply only to the
specific classes or categories of solid waste to which the au-
thority under subsection (a)(2)(A) was applied by the State
or qualified political subdivision before May 15, 1994, and/
or to the specific classes or categories of solid waste for
which the State or qualified political subdivision committed
to designate a waste management facility under subsection
(a)(2)(B).
‘‘(4) The authority granted under subsection (a)(2)
shall expire if a State or qualified political subdivision has
not designated, by law, ordinance, regulation, solid waste
management plan, or other legally binding provision, 1 or
more proposed or existing waste management facilities
within 5 years of the date of enactment of this section.
‘‘(c) COMPETITIVE DESIGNATION PROCESS.—A State
or qualified political subdivision may exercise the authority
provided by subsection (a) only if the State or qualified po-
litical subdivision develops and implements a competitive
designation process with respect to waste management fa-
cilities or facilities for recyclable materials which—
‘‘(1) ensures that the designation process is based
on, or is part of, a municipal solid waste manage-
ment plan that is adopted by the State or qualified
political subdivision and that is designed to ensure
long-term management capacity for municipal solid
waste or recyclable materials generated within the
boundaries of the State or subdivision;
‘‘(2) sets forth the goals of the designation proc-
ess, including at a minimum—
‘‘(A) capacity assurance;
‘‘(B) the establishment of provisions to pro-
vide that protection of human health and the en-
vironment will be achieved; and
‘‘(C) any other goals determined to be rel-
evant by the State or qualified political subdivi-
sion;
‘‘(3) identifies and compares reasonable and
available alternatives and options for designation of
the facilities;
‘‘(4) provides for public participation and com-
ment;
‘‘(5) ensures that the designation of the facilities
is accomplished through an open competitive process
during which the State or qualified political subdivi-
sion—
‘‘(A) identifies in writing the criteria to be
utilized for selection of the facilities;
‘‘(B) provides an opportunity for interested
public persons and private persons to offer their
existing (as of the date of the process) or pro-
posed facilities for designation; and
‘‘(C) evaluates and selects the facilities for
designation based on the merits of the facilities
in meeting the criteria identified; and
‘‘(6) bases the designation of each such facility
on reasons that shall be stated in a public record.
‘‘(d) CERTIFICATION.—(1) A Governor of any State
may certify that the laws and regulations of the State in
effect on May 15, 1994, satisfy the requirements for a com-
petitive designation process under subsection (c).
‘‘(2) In making a certification under paragraph (1),
a Governor shall—
‘‘(A) publish notice of the proposed certification
in a newspaper of general circulation and provide
such additional notice of the proposed certification as
may be required by State law;
‘‘(B) include in the notice of the proposed certifi-
cation or otherwise make readily available a state-
ment of the laws and regulations subject to the certifi-
cation and an explanation of the basis for a conclu-
sion that they satisfy the requirements of subsection
(c);
‘‘(C) provide interested persons an opportunity
to comment on the proposed certification, for a period
of time not less than 60 days after publication of the
notice; and
‘‘(D) public notice of the final certification, to-
gether with an explanation of the basis for the final
certification, in a newspaper of general circulation
and provide such additional notice of the final certifi-
cation as may be required by State law.
‘‘(e) OWNERSHIP OF RECYCLABLE MATERIALS.—
‘‘(1) PROHIBITION ON REQUIRED TRANSFERS.—
Nothing in this section shall authorize any State or
qualified political subdivision (or any designee there-
of) to require any generator or owner of recyclable
materials to transfer any recyclable materials to such
State or qualified political subdivision, unless the
generator or owner voluntarily made the materials
available to the State or qualified political subdivi-
sion (or any designee thereof) and relinquished any
rights to, or ownership of, such materials.
‘‘(2) PROHIBITION
ON
PROHIBITED
TRANS-
ACTIONS.—Nothing in this section shall prohibit any
person from selling, purchasing, or accepting, convey-
ing, or transporting any recyclable materials for pur-
poses of transformation or remanufacture into usable
or marketable materials, unless the generator or
owner voluntarily made the materials available to the
State or qualified political subdivision (or any des-
ignee thereof) and relinquished any rights to, or own-
ership of, such materials.
‘‘(f) EXISTING LAWS AND CONTRACTS.—
‘‘(1) IN
GENERAL.—This section shall not
supersede, abrogate, or otherwise modify any of the
following:
‘‘(A) Any contract or other agreement (in-
cluding any contract containing an obligation to
repay the outstanding indebtedness on any pro-
posed or existing waste management facility) en-
tered into before May 15, 1994, by a State or
qualified political subdivision in which such
State or qualified political subdivision has des-
ignated a proposed or existing waste manage-
ment facility pursuant to a law, ordinance, reg-
ulation, solid waste management plan or legally
binding provision adopted by such State or
qualified political subdivision before May 15,
1994.
‘‘(B) Any other contract or agreement en-
tered into before May 15, 1994, for the manage-
ment of solid waste.
‘‘(C)(i) Any law, ordinance, regulation,
solid waste management plan or legally binding
provision—
‘‘(I) that is adopted before May 15,
1994; and
‘‘(II) that pertain to the transpor-
tation, management, or disposal of munici-
pal solid waste generated within the bound-
aries of a State or qualified political sub-
division;
if the law, ordinance, regulation, solid waste
management plan or legally binding provision is
applied to the transportation, management, or
disposal of municipal solid waste, generated
from household sources within its boundaries, to
a proposed or existing waste management facil-
ity designated before May 15, 1994, under such
law, ordinance, regulation, solid waste manage-
ment plan or legally binding provision.
‘‘(ii) Any law, ordinance, regulation, solid
waste management plan or legally binding pro-
vision—
‘‘(I) that is adopted before May 15,
1994;
‘‘(II) that pertains to the transpor-
tation, management, or disposal or munici-
pal solid waste generated within the bound-
aries of a State or qualified political sub-
division; and
‘‘(III) under which a State or qualified
political subdivision, prior to May 15,
1994, directed, limited, regulated, or prohib-
ited the transportation, management, or
disposal of municipal solid waste that is
generated, or is commingled with municipal
solid waste that is generated, from commer-
cial, institutional, or industrial sources
within its boundaries, or construction de-
bris or demolition debris, generated within
its boundaries;
provided that the law, ordinance, regulation,
solid waste management plan or legally binding
provision is applied to the transportation, man-
agement, or disposal of such solid waste de-
scribed in subclause (III), to a proposed or exist-
ing waste management facility designated before
May 15, 1994, under such law, ordinance, regu-
lation, solid waste management plan or legally
binding provision.
‘‘(iii) Any law, ordinance, regulation, solid
waste management plan or legally binding pro-
vision—
‘‘(I) that is adopted before May 15,
1994; and
‘‘(II) that pertains to the transpor-
tation or management of recyclable mate-
rials generated within the boundaries of a
State or qualified political subdivision;
provided that the law, ordinance, regulation,
solid waste management plan or legally binding
provision is applied to the transportation or
management of recyclable materials, that are
generated within its boundaries and with respect
to which the generator or owner of the materials,
and the State or qualified political subdivision,
have met the appropriate conditions described in
subsection (b)(1), to a proposed or existing facil-
ity for recyclable materials designated before
May 15, 1994, under such law, ordinance, regu-
lation, solid waste management plan or legally
binding provision.
‘‘(2) CONTRACT
INFORMATION.—A party to a
contract or other agreement that is described in sub-
paragraph (A) or (B) of paragraph (1) shall provide
a copy of the contract or agreement to the State or
qualified political subdivision on request. Any propri-
etary information contained in the contract or agree-
ment may be omitted in the copy, but the information
that appears in the copy shall include at least the
date that the contract or agreement was signed, the
volume of municipal solid waste covered by the con-
tract or agreement with respect to which the State or
qualified political subdivision could otherwise exercise
authority under subsection (a) or paragraph (1)(C),
the source of the waste or materials, the destination
of the waste or materials, the duration of the contract
or agreement, and the parties to the contract or agree-
ment.
‘‘(3) LIMITATION.—Any designation by a State
or qualified political subdivision of any waste man-
agement facility or facility for recyclable materials
after the date of enactment of this section shall com-
ply with subsection (c). Nothing in this paragraph
shall affect any designation made before the date of
enactment of this section, and any such designation
shall be deemed to satisfy the requirements of sub-
section (c).
‘‘(g) SAVINGS CLAUSE.—(1) Nothing in this section is
intended to supersede, amend, or otherwise modify Federal
or State environmental laws and regulations that apply to
the disposal or management of solid waste at waste manage-
ment facilities or facilities for recyclable materials.
‘‘(2) Nothing in this section shall be interpreted to au-
thorize a qualified political subdivision to exercise the au-
thority granted by this section in a manner inconsistent
with State law.
‘‘(h) EFFECT ON INTERSTATE COMMERCE.—The exer-
cise of flow control authority in compliance with this sec-
tion by a State or qualified political subdivision shall itself
be considered a reasonable regulation of commerce and shall
not itself be considered as imposing an undue burden on
or otherwise impairing, restraining, or discriminating
against interstate commerce.
‘‘(i) DEFINITIONS.—As used in this section—
‘‘(1) FLOW
CONTROL
AUTHORITY.—The term
‘flow control authority’ means the authority to control
the movement of solid waste or recyclable materials
and direct the transportation of such waste or recy-
clable materials to one or more designated waste
management facilities or facilities for recyclable mate-
rials.
‘‘(2) INDUSTRIAL SOLID WASTE.—The term ‘in-
dustrial solid waste’ means solid waste generated by
manufacturing or industrial processes, including
waste generated during scrap processing and scrap
recycling, that is not hazardous waste regulated under
subtitle C.
‘‘(3) MUNICIPAL SOLID WASTE.—
‘‘(A) IN GENERAL.—(i) The term ‘munici-
pal solid waste’ means all waste materials dis-
carded for disposal by households, including sin-
gle and multifamily residences.
‘‘(ii) The term also includes waste materials
generated by commercial, institutional, and in-
dustrial sources, to the extent such wastes—
‘‘(I) are essentially the same as waste
normally generated by households; or
‘‘(II) 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 sec-
tion 3001(d).
‘‘(iii) The term includes residue remaining
after recyclable materials have been separated, or
diverted at the point of generation, from waste
materials described in clause (i) or (ii).
‘‘(iv) The term also includes any waste ma-
terial or waste substance removed from a septic
tank, septic pit, or cesspool.
‘‘(v) Examples of municipal solid waste in-
clude food and yard waste, paper, clothing, ap-
pliances, consumer product packaging, disposable
diapers, office supplies, cosmetics, glass and
metal food containers, elementary or secondary
school science laboratory waste, and household
hazardous waste.
‘‘(B) EXCLUSIONS.—The term does not in-
clude any of the following:
‘‘(i) Any solid waste identified or listed
as a hazardous waste under section 3001.
‘‘(ii) Solid waste containing a poly-
chlorinate biphenyl regulated under the
Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
‘‘(iii) Any solid waste, including con-
taminated soil and debris, resulting from—
‘‘(I) a response action taken under
section 104 or 106 of the Comprehen-
sive Environmental Response, Com-
pensation, 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.
‘‘(iv) Recyclable materials.
‘‘(v) Materials and products returned
from a dispenser or distributor to the man-
ufacturer or an agent of the manufacturer
for credit, evaluation, and possible reuse.
‘‘(vi) Industrial solid waste.
‘‘(vii) Any solid waste that is—
‘‘(I) generated by an industrial
facility; 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 or
a company with which the generator is
affiliated.
‘‘(viii) Any medical waste referred to
in section 11002 that is segregated from, or
not mixed with, solid waste.
‘‘(4) QUALIFIED
POLITICAL
SUBDIVISION.—The
term ‘qualified political subdivision’ means a govern-
mental entity or political subdivision of a State, as
authorized by the State, to plan for, or determine the
methods to be utilized for, the collection, transpor-
tation, disposal or other management of municipal
solid waste generated within the boundaries of the
governmental entity or political subdivision.
‘‘(5) RECYCLABLE MATERIAL.—The term ‘recy-
clable material’ means any material (including any
metal, glass, plastic, textile, wood, paper, rubber, or
other material) that has been separated, or diverted at
the point of generation, from solid waste for the pur-
pose of recycling, reclamation, or reuse.
‘‘(6) SOLID
WASTE
MANAGEMENT
PLAN.—The
term ‘solid waste management plan’ means a plan for
the transportation, treatment, processing, composting,
combustion, disposal or other management of munici-
pal solid waste adopted by a State or qualified politi-
cal subdivision pursuant to and conforming with
State law.
‘‘(7) WASTE MANAGEMENT FACILITY.—The term
‘waste management facility’ means any facility or fa-
cilities in which solid waste is separated, stored,
transferred, treated, processed, combusted, deposited or
disposed.
‘‘(8) COMMITTED TO THE DESIGNATION OF ONE
OR
MORE
WASTE
MANAGEMENT
FACILITIES.—The
phrase ‘Committed to the designation of one or more
waste management facilities’ as used in subsection
(a)(2)(B) means that the State or qualified political
subdivision, prior to May 15, 1994, was legally bound
to designate one or more existing or future waste
management facilities, or performed or caused to be
performed one or more of the following actions for the
purpose of designating one or more such facilities:
‘‘(A) Solicitation of proposals for designa-
tion of a waste management facility.
‘‘(B) Purchase of land on which the waste
management facility to be designated will be
located.
‘‘(C) Execution of a legally binding contract
or franchise agreement for waste collection serv-
ices expressly for the delivery of waste to a waste
management facility to be designated.
‘‘(D) Other action since January 1, 1993,
that evidences recent significant financial com-
mitment for the continuing development of a
waste management facility for which a designa-
tion will be made unless such action has been
halted by a court order based upon a ruling
under the Constitution of the United States.’’.
(b) TABLE OF CONTENTS.—The table of contents for
such subtitle D is amended by adding at the end of the items
relating to such subtitle the following new item:
‘‘Sec. 4011. Congressional authorization of State control over transportation, man-
agement, and disposal of municipal solid waste.’’.
HR 4683 RH——2