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‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall
be interpreted or construed—
‘‘(1) to have any effect on State law relating to
contracts; or
‘‘(2) to affect the authority of any State or local
government to protect public health and the environ-
ment through laws, regulations, and permits, includ-
ing the authority to limit the total amount of munici-
pal solid waste that landfill or incinerator owners or
operators within the jurisdiction of a State may ac-
cept during a prescribed period: Provided That such
limitations do not discriminate between in-State and
out-of-State municipal solid waste, except to the ex-
tent authorized by this section.
‘‘(f) DEFINITIONS.—As used in this section:
‘‘(1)(A) The term ‘affected local government’,
used with respect to a landfill or incinerator,
means—
‘‘(i) the public body created by State law
with responsibility to plan for municipal solid
waste management, a majority of the members of
which are elected officials, for the area in which
the facility is located or proposed to be located;
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‘‘(ii) the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility over municipal solid
waste management or the use of land in the ju-
risdiction in which the facility is located or is
proposed to be located.
‘‘(B)(i) Within 90 days after the date of enact-
ment of this section, a Governor may designate and
publish notice of which entity listed in clause (i) or
(ii) of subparagraph (A) shall serve as the affected
local government for actions taken under this section
and after publication of such notice.
‘‘(ii) If a Governor fails to make and publish no-
tice of such a designation, the affected local govern-
ment shall be the elected officials of the city, town,
township, borough, county, parish, or other public
body created pursuant to State law with primary ju-
risdiction over the land or the use of land on which
the facility is located or is proposed to be located.
‘‘(C) For purposes of host community agreements
entered into before the date of publication of the no-
tice, the term means either a public body described in
subparagraph (A)(i) or the elected officials of any of
the public bodies described in subparagraph (A)(ii).
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‘‘(2) HOST COMMUNITY AGREEMENT.—The term
‘host community agreement’ means a written, legally
binding document or documents executed by duly au-
thorized officials of the affected local government that
specifically authorizes a landfill or incinerator to re-
ceive municipal solid waste generated out of State,
but does not include any agreement to pay host com-
munity fees for receipt of waste unless additional ex-
press authorization to receive out-of-State waste is
also included.
‘‘(3) The term ‘out-of-State municipal solid
waste’ means, with respect to any State, municipal
solid waste generated outside of the State. Unless the
President determines it is inconsistent with the North
American Free Trade Agreement and the General
Agreement on Tariffs and Trade, the term shall in-
clude municipal solid waste generated outside of the
United States. Notwithstanding any other provision
of law, generators of municipal solid waste outside the
United States shall possess no greater right of access
to disposal facilities in a State than United States
generators of municipal solid waste outside of that
State.
‘‘(4) The term ‘municipal solid waste’ means
refuse (and refuse-derived fuel) generated by the gen-
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eral public or from a residential, commercial, institu-
tional, or industrial source (or any combination
thereof), consisting of paper, wood, yard wastes, plas-
tics, leather, rubber, or other combustible or non-
combustible materials such as metal or glass (or any
combination thereof). The term ‘municipal solid
waste’ does not include—
‘‘(A) any solid waste identified or listed as
a hazardous waste under section 3001;
‘‘(B) any solid waste, including contami-
nated soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9604 or 9606) or a corrective action taken under
this Act;
‘‘(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated
or diverted from municipal solid waste (as other-
wise defined in this paragraph) and has been
transported into a State for the purpose of recy-
cling or reclamation;
‘‘(D) any solid waste that is—
‘‘(i) generated by an industrial facil-
ity; and
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‘‘(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator
of the waste, or is located on property
owned by the generator of the waste, or is
located on property owned by a company in
which the generator of the waste has an
ownership interest;
‘‘(E) any solid waste generated incident to
the provision of service in interstate, intrastate,
foreign, or overseas air transportation;
‘‘(F) any industrial waste that is not iden-
tical to municipal solid waste (as otherwise de-
fined in this paragraph) with respect to the
physical and chemical state of the industrial
waste, and composition, including construction
and demolition debris;
‘‘(G) any medical waste that is segregated
from or not mixed with municipal solid waste
(as otherwise defined in this paragraph); or
‘‘(H) any material or product returned
from a dispenser or distributor to the manufac-
turer for credit, evaluation, or possible reuse.
‘‘(5) The term ‘compliance’ means a pattern or
practice of adhering to and satisfying standards and
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requirements promulgated by the Federal or a State
government for the purpose of preventing significant
harm to human health and the environment. Actions
undertaken in accordance with compliance schedules
for remediation established by Federal or State en-
forcement authorities shall be considered compliance
for purposes of this section.
‘‘(6) The terms ‘specifically authorized’ and ‘spe-
cifically authorizes’ refer to an explicit authorization,
contained in a host community agreement or permit,
to import waste from outside the State. Such author-
ization may include a reference to a fixed radius sur-
rounding 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 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 outside the State.
‘‘(g) IMPLEMENTATION
AND
ENFORCEMENT.—Any
State may adopt such laws and regulations, not inconsist-
ent with this section, as are necessary to implement and
enforce this section, including provisions for penalties.’’.
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(B) TABLE
OF
CONTENTS
AMENDMENT.—
The table of contents in section 1001 of the Solid
Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding at the end of the items relat-
ing to subtitle D the following new item:
‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.
(2) NEEDS DETERMINATION.—The Governor of a
State may accept, deny or modify an application for
a municipal solid waste management facility permit
if—
(A) it is done in a manner that is not in-
consistent with the provisions of this section;
(B) a State law enacted in 1990 and a reg-
ulation adopted by the governor in 1991 specifi-
cally requires the permit applicant to dem-
onstrate that there is a local or regional need
within the State for the facility; and
(C) the permit applicant fails to dem-
onstrate that there is a local or regional need
within the State for the facility.
(b) FLOW CONTROL.—
(1) STATE AND LOCAL GOVERNMENT CONTROL OF
MOVEMENT OF MUNICIPAL SOLID WASTE AND RECY-
CLABLE MATERIAL.—Subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.), as amended by
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subsection (a)(1)(A), is amended by adding after sec-
tion 4011 the following new section:
‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF
MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIAL.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DESIGNATE; DESIGNATION.—The terms ‘des-
ignate’ and ‘designation’ refer to an authorization by
a State, political subdivision, or public service au-
thority, and the act of a State, political subdivision,
or public service authority in requiring or contrac-
tually committing, that all or any portion of the mu-
nicipal solid waste or recyclable material that is gen-
erated within the boundaries of the State, political
subdivision, or public service authority be delivered to
waste management facilities or facilities for recyclable
material or a public service authority identified by
the State, political subdivision, or public service au-
thority.
‘‘(2) FLOW
CONTROL
AUTHORITY.—The term
‘flow control authority’ means the authority to control
the movement of municipal solid waste or voluntarily
relinquished recyclable material and direct such solid
waste or voluntarily relinquished recyclable material
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to a designated waste management facility or facility
for recyclable material.
‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu-
nicipal solid waste’ means—
‘‘(A) solid waste generated by the general
public or from a residential, commercial, institu-
tional, or industrial source, consisting of paper,
wood, yard waste, plastics, leather, rubber, and
other combustible material and noncombustible
material such as metal and glass, including resi-
due remaining after recyclable material has 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); but
‘‘(B) does not include—
‘‘(i) waste identified or listed as a haz-
ardous waste under section 3001 of this Act
or waste regulated under the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.);
‘‘(ii) waste, including contaminated
soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive 
Environmental 
Response,
Compensation, and Liability Act of 1980
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(42 U.S.C. 9604, 9606) or any corrective
action taken under this Act;
‘‘(iii) medical waste listed in section
11002;
‘‘(iv) industrial waste generated by
manufacturing or industrial processes, in-
cluding waste generated during scrap proc-
essing and scrap recycling;
‘‘(v) recyclable material; or
‘‘(vi) sludge.
‘‘(4) PUBLIC
SERVICE
AUTHORITY.—The term
‘public service authority’ means—
‘‘(A) an authority or authorities created
pursuant to State legislation to provide individ-
ually or in combination solid waste management
services to political subdivisions;
‘‘(B) other body created pursuant to State
law; or
‘‘(C) an authority that was issued a certifi-
cate of incorporation by a State corporation
commission established by a State constitution.
‘‘(5) PUT OR PAY AGREEMENT.—(A) The term
‘put or pay agreement’ means an agreement that obli-
gates or otherwise requires a State or political sub-
division to—
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‘‘(i) deliver a minimum quantity of munici-
pal solid waste to a waste management facility;
and
‘‘(ii) pay for that minimum quantity of
municipal solid waste even if the stated mini-
mum quantity of municipal solid waste is not
delivered within a required period of time.
‘‘(B) For purposes of the authority conferred by
subsections (b) and (c), the term ‘legally binding pro-
vision of the State or political subdivision’ includes a
put or pay agreement that designates waste to a
waste management facility that was in operation on
or before December 31, 1988 and that requires an ag-
gregate tonnage to be delivered to the facility during
each operating year by the political subdivisions
which have entered put or pay agreements designat-
ing that waste management facility.
‘‘(C) The entering into of a put or pay agree-
ment shall be considered to be a designation (as de-
fined in subsection (a)(1)) for all purposes of this
title.
‘‘(6) RECYCLABLE MATERIAL.—The term ‘recy-
clable material’ means material that has been sepa-
rated from waste otherwise destined for disposal (at
the source of the waste or at a processing facility) or
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has been managed separately from waste destined for
disposal, for the purpose of recycling, reclamation,
composting of organic material such as food and yard
waste, or reuse (other than for the purpose of inciner-
ation).
‘‘(7) WASTE MANAGEMENT FACILITY.—The term
‘waste management facility’ means a facility that col-
lects, separates, stores, transports, transfers, treats,
processes, combusts, or disposes of municipal solid
waste.
‘‘(b) AUTHORITY.—
‘‘(1) IN
GENERAL.—Each State, political sub-
division of a State, and public service authority may
exercise flow control authority for municipal solid
waste and for recyclable material voluntarily relin-
quished by the owner or generator of the material that
is generated within its jurisdiction by directing the
municipal solid waste or recyclable material to a
waste management facility or facility for recyclable
material, if such flow control authority—
‘‘(A)(i) had been exercised prior to May 15,
1994, and was being implemented on May 15,
1994, pursuant to a law, ordinance, regulation,
or other legally binding provision of the State or
political subdivision; or
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‘‘(ii) had been exercised prior to May 15,
1994, but implementation of such law, ordi-
nance, regulation, or other legally binding provi-
sion of the State or political subdivision was
prevented by an injunction, temporary restrain-
ing order, or other court action, or was sus-
pended by the voluntary decision of the State or
political subdivision because of the existence of
such court action;
‘‘(B) has been implemented by designating
before May 15, 1994, the particular waste man-
agement facilities or public service authority to
which the municipal solid waste or recyclable
material is to be delivered, which facilities were
in operation as of May 15, 1994, or were in op-
eration prior to May 15, 1994 and were tempo-
rarily inoperative on May 15, 1994.
‘‘(2) LIMITATION.—The authority of this section
extends only to the specific classes or categories of mu-
nicipal solid waste to which flow control authority re-
quiring a movement to a waste management facility
was actually applied on or before May 15, 1994 (or,
in the case of a State, political subdivision, or public
service authority that qualifies under subsection (c),
to the specific classes or categories of municipal solid
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waste for which the State, political subdivision, or
public service authority prior to May 15, 1994, had
committed to the designation of a waste management
facility).
‘‘(3) LACK OF CLEAR IDENTIFICATION.—With re-
gard to facilities granted flow control authority under
subsection (c), if the specific classes or categories of
municipal solid waste are not clearly identified, the
authority of this section shall apply only to munici-
pal solid waste generated by households.
‘‘(4) DURATION OF AUTHORITY.—With respect to
each designated waste management facility, the au-
thority of this section shall be effective until the later
of—
‘‘(A) the end of the remaining life of a con-
tract between the State, political subdivision, or
public service authority and any other person re-
garding the movement or delivery of municipal
solid waste or voluntarily relinquished recyclable
material to a designated facility (as in effect
May 15, 1994);
‘‘(B) completion of the schedule for payment
of the capital costs of the facility concerned (as
in effect May 15, 1994); or
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‘‘(C) the end of the remaining useful life of
the facility (as in existence on the date of enact-
ment of this section), as that remaining life may
be extended by—
‘‘(i) retrofitting of equipment or the
making of other significant modifications to
meet applicable environmental requirements
or safety requirements;
‘‘(ii) routine repair or scheduled re-
placement of equipment or components that
does not add to the capacity of a waste
management facility; or
‘‘(iii) expansion of the facility on land
that is—
‘‘(I) legally or equitably owned, or
under option to purchase or lease, by
the owner or operator of the facility;
and
‘‘(II) covered by the permit for the
facility (as in effect May 15, 1994).
‘‘(5) ADDITIONAL AUTHORITY.—
‘‘(A) APPLICATION
OF
PARAGRAPH.—This
paragraph applies to a State or political sub-
division of a State that, on or before January 1,
1984—
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‘‘(i) adopted regulations under State
law that required the transportation to, and
management or disposal at, waste manage-
ment facilities in the State, of—
‘‘(I) all solid waste from residen-
tial, commercial, institutional, or in-
dustrial sources (as defined under
State law); and
‘‘(II) recyclable material volun-
tarily relinquished by the owner or
generator of the recyclable material;
and
‘‘(ii) as of January 1, 1984, had im-
plemented those regulations in the case of
every political subdivision of the State.
‘‘(B) AUTHORITY.—Notwithstanding any-
thing to the contrary in this section (including
subsection (m)), a State or political subdivision
of a State described in subparagraph (A) may
continue to exercise flow control authority (in-
cluding designation of waste management facili-
ties in the State that meet the requirements of
subsection (c)) for all classes and categories of
solid waste that were subject to flow control on
January 1, 1984.
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‘‘(6) FLOW
CONTROL
ORDINANCE.—Notwith-
standing anything to the contrary in this section, but
subject to subsection (m), any political subdivision
which adopted a flow control ordinance in November
1991, and designated facilities to receive municipal
solid waste prior to April 1, 1992, may exercise flow
control authority until the end of the remaining life
of all contracts between the political subdivision and
any other persons regarding the movement or delivery
of municipal solid waste or voluntarily relinquished
recyclable material to a designated facility (as in ef-
fect May 15, 1994). Such authority shall extend only
to the specific classes or categories of municipal solid
waste to which flow control authority was actually
applied on or before May 15, 1994. The authority
under this subsection shall be exercised in accordance
with section 4012(b)(4).
‘‘(c) COMMITMENT TO CONSTRUCTION.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b)(1) (A) and (B), any political subdivision of a
State may exercise flow control authority under sub-
section (b), if—
‘‘(A)(i) the law, ordinance, regulation, or
other legally binding provision specifically pro-
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vides for flow control authority for municipal
solid waste generated within its boundaries; and
‘‘(ii) such authority was exercised prior to
May 15, 1995, and was being implemented on
May 15, 1994.
‘‘(B) prior to May 15, 1994, the political
subdivision committed to the designation of the
particular waste management facilities or public
service authority to which municipal solid waste
is to be transported or at which municipal solid
waste is to be disposed of under that law, ordi-
nance, regulation, plan, or legally binding provi-
sion.
‘‘(2) FACTORS DEMONSTRATING COMMITMENT.—
A commitment to the designation of waste manage-
ment facilities or public service authority is dem-
onstrated by 1 or more of the following factors:
‘‘(A) CONSTRUCTION PERMITS.—All permits
required for the substantial construction of the
facility were obtained prior to May 15, 1994.
‘‘(B) CONTRACTS.—All contracts for the
substantial construction of the facility were in
effect prior to May 15, 1994.
‘‘(C) REVENUE BONDS.—Prior to May 15,
1994, revenue bonds were presented for sale to
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specifically provide revenue for the construction
of the facility.
‘‘(D) CONSTRUCTION AND OPERATING PER-
MITS.—The State or political subdivision sub-
mitted to the appropriate regulatory agency or
agencies, on or before May 15, 1994, substan-
tially complete permit applications for the con-
struction and operation of the facility.
‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT DIS-
TRICT TO PURCHASE AND OPERATE EXISTING FACILITY.—
Notwithstanding subsection (b)(1) (A) and (B), a solid
waste management district that was formed by a number
of political subdivisions for the purpose of purchasing and
operating a facility owned by 1 of the political subdivisions
may exercise flow control authority under subsection (b)
if—
‘‘(1) the facility was fully licensed and in oper-
ation prior to May 15, 1994;
‘‘(2) prior to April 1, 1994, substantial negotia-
tions and preparation of documents for the formation
of the district and purchase of the facility were com-
pleted;
‘‘(3) prior to May 15, 1994, at least 80 percent
of the political subdivisions that were to participate
in the solid waste management district had adopted
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ordinances committing the political subdivisions to
participation and the remaining political subdivi-
sions adopted such ordinances within 2 months after
that date; and
‘‘(3) the financing was completed, the acquisition
was made, and the facility was placed under oper-
ation by the solid waste management district by Sep-
tember 21, 1994.
‘‘(e) CONSTRUCTED AND OPERATED.—A political sub-
division of a State may exercise flow control authority for
municipal solid waste and for recyclable material volun-
tarily relinquished by the owner or generator of the mate-
rial that is generated within its jurisdiction if—
‘‘(1) prior to May 15, 1994, the political subdivi-
sion—
‘‘(A) contracted with a public service au-
thority or with its operator to deliver or cause
to be delivered to the public service authority
substantially all of the disposable municipal
solid waste that is generated or collected by or is
within or under the control of the political sub-
division, in order to support revenue bonds is-
sued by and in the name of the public service au-
thority or on its behalf by a State entity for
waste management facilities; or
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‘‘(B) entered into contracts with a public
service authority or its operator to deliver or
cause to be delivered to the public service author-
ity substantially all of the disposable municipal
solid waste that is generated or collected by or
within the control of the political subdivision,
which imposed flow control pursuant to a law,
ordinance, regulation, or other legally binding
provision and where outstanding revenue bonds
were issued in the name of public service au-
thorities for waste management facilities; and
‘‘(2) prior to May 15, 1994, the public service
authority—
‘‘(A) issued the revenue bonds or had issued
on its behalf by a State entity for the construc-
tion of municipal solid waste facilities to which
the political subdivision’s municipal solid waste
is transferred or disposed; and
‘‘(B) commenced operation of the facilities.
The authority under this subsection shall be exercised in
accordance with section 4012(b)(4).
‘‘(f) STATE-MANDATED DISPOSAL SERVICES.—A polit-
ical subdivision of a State may exercise flow control author-
ity for municipal solid waste and for recyclable material
voluntarily relinquished by the owner or generator of the