[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4683


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 12), 1994

                                Received

            October 4 (legislative day, September 12), 1994

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT


 
    To amend the Solid Waste Disposal Act to provide congressional 
 authorization of State control over transportation of municipal solid 
                     waste, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
              TRANSPORTATION, MANAGEMENT, AND DISPOSAL OF MUNICIPAL 
              SOLID WASTE.

    (a) In General.--Subtitle D of the Solid Waste Disposal 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, MANAGEMENT, AND DISPOSAL OF MUNICIPAL 
              SOLID WASTE.

    ``(a) Authority.--Each State and each qualified political 
subdivision may, in accordance with this section, exercise 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 subdivision, if, before May 
        15, 1994, the State or qualified political subdivision adopted 
        a law, ordinance, regulation, solid waste management plan or 
        legally binding 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 requirements 
of subparagraph (A) or (B) of paragraph (2) may also, after the 
effective date of this section, direct, limit, regulate or prohibit the 
transportation, management, 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 without regard to 
subsection (b)(2).
    ``(b) Limitations.--(1) A State or qualified political subdivision 
may exercise the authority described in paragraph (3) of subsection (a) 
with respect to recyclable materials 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 relinquished any rights 
        to, or ownership of, such materials; 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 exercise 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 separate, or divert 
        at the point of generation, recyclable materials from the 
        municipal solid waste, for purposes of recycling, reclamation, 
        or reuse, in accordance with any Federal or State law or 
        municipal solid waste planning requirements in effect; and
            ``(B) after conducting 1 or more public hearings--
                    ``(i) finds, on the basis of the record developed 
                at the hearing or hearings that it is necessary to 
                exercise the authority to meet the current solid waste 
                management needs (as of the date of the record) or the 
                anticipated solid waste management needs of the State 
                or qualified 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 prohibit 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 authority 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 management 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 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 relevant by 
                the State or qualified political subdivision;
            ``(3) identifies and compares reasonable and available 
        alternatives and options for designation of the facilities;
            ``(4) provides for public participation and comment;
            ``(5) ensures that the designation of the facilities 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 proposed 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 certification 
        or otherwise make readily available a statement of the laws and 
        regulations subject to the certification and an explanation of 
        the basis for a conclusion 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) provide public notice of the final certification, 
        together with an explanation of the basis for the final 
        certification, in a newspaper of general circulation 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 transfers.--Nothing in this 
        section shall authorize any State or qualified political 
        subdivision (or any designee thereof) 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 subdivision (or 
        any designee thereof) and relinquished any rights to, or 
        ownership of, such materials.
            ``(2) Prohibition on prohibited transactions.--Nothing in 
        this section shall prohibit any person from selling, 
        purchasing, or accepting, conveying, 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 (including 
                any contract containing an obligation to repay the 
                outstanding indebtedness on any proposed 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 
                designated a proposed or existing waste management 
                facility pursuant to a law, ordinance, regulation, 
                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 entered into 
                before May 15, 1994, for the management 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 transportation, 
                        management, or disposal of municipal 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 facility 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 provision--
                            ``(I) that is adopted before May 15, 1994;
                            ``(II) that pertains to the transportation, 
                        management, or disposal or municipal solid 
                        waste generated within the boundaries of a 
                        State or qualified political subdivision; and
                            ``(III) under which a State or qualified 
                        political subdivision, prior to May 15, 1994, 
                        directed, limited, regulated, or prohibited the 
                        transportation, management, or disposal of 
                        municipal solid waste that is generated, or is 
                        commingled with municipal solid waste that is 
                        generated, from commercial, institutional, or 
                        industrial sources within its boundaries, or 
                        construction 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, management, or disposal 
                of such solid waste described in subclause (III), to a 
                proposed or existing waste management facility 
                designated before May 15, 1994, under such law, 
                ordinance, regulation, solid waste management plan or 
                legally binding provision.
                    ``(iii) Any law, ordinance, regulation, solid waste 
                management plan or legally binding provision--
                            ``(I) that is adopted before May 15, 1994; 
                        and
                            ``(II) that pertains to the transportation 
                        or management of recyclable materials 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 facility for recyclable materials 
                designated 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 subparagraph (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 
        proprietary information contained in the contract or agreement 
        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 contract 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 agreement.
            ``(3) Limitation.--Any designation by a State or qualified 
        political subdivision of any waste management facility or 
        facility for recyclable materials after the date of enactment 
        of this section shall comply 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 subsection (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 management facilities or facilities for recyclable 
materials.
    ``(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 exercise of flow control 
authority in compliance with this section 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 recyclable materials to one or more designated 
        waste management facilities or facilities for recyclable 
        materials.
            ``(2) Industrial solid waste.--The term `industrial 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 `municipal solid 
                waste' means all waste materials discarded for disposal 
                by households, including single and multifamily 
                residences.
                    ``(ii) The term also includes waste materials 
                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 section 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 material or 
                waste substance removed from a septic tank, septic pit, 
                or cesspool.
                    ``(v) Examples of municipal solid waste include 
                food and yard waste, paper, clothing, appliances, 
                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 include any of 
                the following:
                            ``(i) Any solid waste identified or listed 
                        as a hazardous waste under section 3001.
                            ``(ii) Solid waste containing a 
                        polychlorinate biphenyl regulated under the 
                        Toxic Substances Control Act (15 U.S.C. 2601 et 
                        seq.).
                            ``(iii) Any solid waste, including 
                        contaminated soil and debris, resulting from--
                                    ``(I) a response action taken under 
                                section 104 or 106 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act (42 U.S.C. 9604 or 
                                9606),
                                    ``(II) a response action taken 
                                under a State law with authorities 
                                comparable to the authorities of 
                                section 104 or 106, or
                                    ``(III) a corrective action taken 
                                under this Act.
                            ``(iv) Recyclable materials.
                            ``(v) Materials and products returned from 
                        a dispenser or distributor to the manufacturer 
                        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 governmental 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, transportation, disposal or other management of 
        municipal solid waste generated within the boundaries of the 
        governmental entity or political subdivision.
            ``(5) Recyclable material.--The term `recyclable 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 management of municipal solid waste adopted by a State or 
        qualified political subdivision pursuant to and conforming with 
        State law.
            ``(7) Waste management facility.--The term `waste 
        management facility' means any facility or facilities 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 designation 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 services 
                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 commitment for 
                the continuing development of a waste management 
                facility for which a designation 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, management, and disposal of 
                            municipal solid waste.''.

            Passed the House of Representatives September 29, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 4683 RFS----2