II
103D CONGRESS
2D SESSION
H. R. 4683
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 30 (legislative day, SEPTEMBER 12), 1994
Received
AN ACT
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,
SECTION 1. CONGRESSIONAL AUTHORIZATION OF STATE
CONTROL OVER TRANSPORTATION, MANAGE-
MENT, 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
at the end the following new section:
‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE
CONTROL OVER TRANSPORTATION, MANAGE-
MENT, AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
‘‘(a) AUTHORITY.—Each State and each qualified po-
litical subdivision may, in accordance with this section, ex-
ercise flow control authority within the boundaries of such
State or political subdivision, as the case may be, for each
of the following:
‘‘(1) Municipal solid waste generated from
household sources within the boundaries of the State
or qualified political subdivision.
‘‘(2) Municipal solid waste generated within the
boundaries of the State or qualified political subdivi-
sion, if, before May 15, 1994, the State or qualified
political subdivision adopted a law, ordinance, regu-
lation, solid waste management plan or legally bind-
ing provision that—
‘‘(A) exercised flow control authority over
such solid waste with respect to a proposed or
existing waste management facility designated
before May 15, 1994, or
‘‘(B) identified the use of 1 or more waste
management methods that will be necessary for
the transportation, management, or disposal of
municipal solid waste generated within its
boundaries, and committed to the designation
of 1 or more waste management facilities for
that method or methods.
‘‘(3) Recyclable materials generated within the
boundaries of the State or subdivision.
Any State or qualified political subdivision meeting the re-
quirements of subparagraph (A) or (B) of paragraph (2)
may also, after the effective date of this section, direct,
limit, regulate or prohibit the transportation, manage-
ment, and disposal of such solid waste from any existing
or future waste management facility to any other existing
or future waste management facility, and may do so with-
out regard to subsection (b)(2).
‘‘(b) LIMITATIONS.—(1) A State or qualified political
subdivision may exercise the authority described in para-
graph (3) of subsection (a) with respect to recyclable ma-
terials only if—
‘‘(A) the generator or owner of the materials
voluntarily made the materials available to the State
or qualified political subdivision, or the designee of
the State or qualified political subdivision, and relin-
quished any rights to, or ownership of, such mate-
rials; and
‘‘(B) the State or qualified political subdivision,
or the designee of the State or qualified political
subdivision, assumes such rights to, or ownership of,
such materials.
‘‘(2) A State or qualified political subdivision may ex-
ercise the authority provided by subsection (a)(1) or (a)(3)
only if the State or qualified political subdivision—
‘‘(A) before exercising the authority described
in subsection (a)(1), establishes a program to sepa-
rate, or divert at the point of generation, recyclable
materials from the municipal solid waste, for pur-
poses of recycling, reclamation, or reuse, in accord-
ance with any Federal or State law or municipal
solid waste planning requirements in effect; and
‘‘(B) after conducting 1 or more public hear-
ings—
‘‘(i) finds, on the basis of the record devel-
oped at the hearing or hearings that it is nec-
essary to exercise the authority to meet the cur-
rent solid waste management needs (as of the
date of the record) or the anticipated solid
waste management needs of the State or quali-
fied political 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
authority 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 au-
thority provided by subsection (a) only if the State or
qualified political subdivision develops and implements a
competitive designation process with respect to waste
management facilities or facilities for recyclable materials
which—
‘‘(1) ensures that the designation process is
based on, or is part of, a municipal solid waste man-
agement plan that is adopted by the State or quali-
fied political subdivision and that is designed to en-
sure 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
process, including at a minimum—
‘‘(A) capacity assurance;
‘‘(B) the establishment of provisions to
provide that protection of human health and the
environment 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 facili-
ties is accomplished through an open competitive
process during which the State or qualified political
subdivision—
‘‘(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
competitive 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 cer-
tification or otherwise make readily available a state-
ment of the laws and regulations subject to the cer-
tification and an explanation of the basis for a con-
clusion that they satisfy the requirements of sub-
section (c);
‘‘(C) provide interested persons an opportunity
to comment on the proposed certification, for a pe-
riod of time not less than 60 days after publication
of the notice; and
‘‘(D) provide public notice of the final certifi-
cation, together with an explanation of the basis for
the final certification, in a newspaper of general cir-
culation and provide such additional notice of the
final certification as may be required by State law.
‘‘(e) OWNERSHIP OF RECYCLABLE MATERIALS.—
‘‘(1) 
PROHIBITION
ON
REQUIRED
TRANS-
FERS.—Nothing in this section shall authorize any
State or qualified political subdivision (or any des-
ignee thereof) to require any generator or owner of
recyclable materials to transfer any recyclable mate-
rials to such State or qualified political subdivision,
unless the generator or owner voluntarily made the
materials available to the State or qualified political
subdivision (or any designee thereof) and relin-
quished any rights to, or ownership of, such mate-
rials.
‘‘(2) PROHIBITION
ON
PROHIBITED
TRANS-
ACTIONS.—Nothing in this section shall prohibit any
person from selling, purchasing, or accepting, con-
veying, or transporting any recyclable materials for
purposes 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
designee thereof) and relinquished any rights to, or
ownership 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)
entered 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 man-
agement 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
boundaries of a State or qualified political
subdivision;
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 fa-
cility designated before May 15, 1994, under
such law, ordinance, regulation, solid waste
management 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
boundaries of a State or qualified political
subdivision; and
‘‘(III) under which a State or quali-
fied political subdivision, prior to May 15,
1994, directed, limited, regulated, or pro-
hibited the transportation, management, or
disposal of municipal solid waste that is
generated, or is commingled with munici-
pal solid waste that is generated, from
commercial, institutional, or industrial
sources within its boundaries, or construc-
tion debris 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 ex-
isting waste management facility designated be-
fore May 15, 1994, under such law, ordinance,
regulation, solid waste management plan or le-
gally 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 re-
spect 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 facility for recyclable materials des-
ignated before May 15, 1994, under such law,
ordinance, regulation, 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 informa-
tion 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
contract or agreement with respect to which the
State or qualified political subdivision could other-
wise exercise authority under subsection (a) or para-
graph (1)(C), the source of the waste or materials,
the destination of the waste or materials, the dura-
tion of the contract or agreement, and the parties to
the contract or agreement.
‘‘(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 Fed-
eral or State environmental laws and regulations that
apply to the disposal or management of solid waste at
waste management facilities or facilities for recyclable ma-
terials.
‘‘(2) Nothing in this section shall be interpreted to
authorize a qualified political subdivision to exercise the
authority granted by this section in a manner inconsistent
with State law.
‘‘(h) EFFECT ON INTERSTATE COMMERCE.—The ex-
ercise 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 con-
trol the movement of solid waste or recyclable mate-
rials and direct the transportation of such waste or
recyclable materials to one or more designated waste
management facilities or facilities for recyclable ma-
terials.
‘‘(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
single and multifamily residences.
‘‘(ii) The term also includes waste mate-
rials generated by commercial, institutional,
and industrial 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, dispos-
able diapers, office supplies, cosmetics, glass
and metal food containers, elementary or sec-
ondary 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 list-
ed 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 Com-
prehensive 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 sec-
tion 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 lo-
cated on property owned by the gener-
ator 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, trans-
portation, disposal or other management of munici-
pal 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
purpose 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 manage-