[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4859 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4859

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 1994

   Mr. Smith of New Jersey introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide congressional 
  authorization of State control over transportation and disposal 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. SHORT TITLE.

    This Act may be cited as the ``Waste Flow Control Consensus Act of 
1994''.

SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
              TRANSPORTATION 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 AND DISPOSAL OF MUNICIPAL SOLID WASTE.

    ``(a) Authority.--
            ``(1) Each State and each qualified political subdivision 
        may, in accordance with this section--
                    ``(A) direct, limit, regulate, or prohibit the 
                transportation, management or disposal of municipal 
                solid waste generated from household sources (as 
                described in subsection (g)(2)(A)(i)) within the 
                boundaries of the State or subdivision and designate 
                each waste management facility to which any such 
                municipal solid waste shall be transported;
                    ``(B) direct, limit, regulate, or prohibit the 
                transportation, management or disposal of municipal 
                solid waste (as defined in subsection (g)(2)), 
                incinerator ash from a solid waste incinerator unit, 
                construction debris and demolition debris, generated 
                within the boundaries of the State or qualified 
                political subdivision and designate waste management 
                facilities to which any such municipal solid waste 
                shall be transported, managed or disposed, if, before 
                May 15, 1994--
                            ``(i) the State or qualified political 
                        subdivision adopted a law, ordinance, 
                        regulation, solid waste management plan or 
                        legally binding provision that pertains to the 
                        transportation, management or disposal of 
                        municipal solid waste generated within the 
                        boundaries, and
                            ``(ii) directed, limited, regulated, or 
                        prohibited the transportation, management or 
                        disposal of municipal solid waste under the 
                        law, ordinance, regulation, solid waste 
                        management plan or legally binding provision to 
                        a proposed or existing waste management 
                        facility designated before May 15, 1994, or
                            ``(iii) the law, ordinance, regulation, 
                        solid waste management plan or legally binding 
                        provision identified the use of one or more 
                        waste management methods that will be necessary 
                        for the transportation, management or disposal 
                        of municipal solid waste generated within its 
                        boundaries at one or more waste management 
                        facilities to be designated in the future.
                Any State or qualified political subdivision meeting 
                the requirements of this subsection (a)(1)(B) (i) and 
                (ii) or (iii) 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, without regard to subsection 
                (b)(2)(B); and
                    ``(C) direct, limit, regulate, or prohibit the 
                transportation of recyclable materials generated within 
                the boundaries of the State or subdivision and 
                designate each facility to which any such material 
                shall be transported.
            ``(2) Any contract, law, ordinance, regulation, or legally 
        binding provision of a State or qualified political subdivision 
        that directs, limits, regulates or prohibits the 
        transportation, management or disposal of municipal solid waste 
        in compliance with this section shall be considered a 
        reasonable regulation of commerce and shall not be considered 
        as imposing an undue burden on or otherwise impairing, 
        restraining or discriminating against interstate commerce.
    ``(b) Limitations.--
            ``(1) A State or qualified political subdivision may 
        exercise the authority described in paragraph (1)(C) 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)(A) or 
        (a)(1)(C) only if the State or qualified political 
        subdivision--
                    ``(A) before exercising the authority described in 
                subsection (a)(1)(A), establishes a program to 
                separate, or divert at the point of generation, the 
                materials described in subsection (g)(4) 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 for the finding described in 
                        subparagraph (i).
            ``(3) The authority granted under subsection (a)(1)(B)(iii) 
        shall expire if a State or qualified political subdivision has 
        not designated, by law, ordinance, regulation, solid waste 
        management plan or legally binding provision, one or more 
        proposed or existing waste management facilities within five 
        (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.
            ``(7) Certification.--
                    ``(A) 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).
                    ``(B) In making a certification under subparagraph 
                (A), a Governor shall--
                            ``(i) 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;
                            ``(ii) 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);
                            ``(iii) provide interested persons an 
                        opportunity to comment on the proposed 
                        certification, for a period of time not less 
                        than sixty (60) days after publication of the 
                        notice; and
                            ``(iv) publish 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.
                    ``(C) Designations made after the final 
                certification and pursuant to the certified laws and 
                regulations shall not be subject to judicial review for 
                failure to satisfy the requirements of subsection (c).
    ``(d) Ownership of Recyclable Materials.--
            ``(1) Prohibition on required transfers.--Except as 
        provided in paragraph (3), nothing in this section shall 
        authorize any State or qualified political subdivision to 
        require any generator or owner of recyclable materials to 
        transfer any recyclable materials (other than abandoned or 
        discarded materials) to such State or qualified political 
        subdivision.
            ``(2) Prohibition on prohibited transactions.--Except as 
        provided in paragraph (3), nothing in this section shall 
        prohibit any generator or owner of recyclable materials from 
        selling, purchasing, 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 and relinquished 
        any rights to, or ownership of, such materials.
            ``(3) Law and contracts.--A contract, law, ordinance, 
        regulation, solid waste management plan or legally binding 
        provision described in subsection (e)(1) may contain an 
        authorization described in paragraph (1) or a prohibition 
        described in paragraph (2).
    ``(e) 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 or facility for recyclable 
                materials) 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, or 
                facility for recyclable materials, for the management 
                of municipal solid waste or recyclable materials 
                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 municipal 
                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 pertains to the transportation, 
                        management or disposal of municipal solid waste 
                        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, management or disposal 
                of municipal solid waste, generated from household 
                sources (as described in subsection (g)(2)(A)(i)) 
                within the boundaries, to a proposed or existing water 
                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 of 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 the boundaries, or 
                        that is incinerator ash from a solid waste 
                        incineration unit, or construction debris or 
                        demolition debris, generated within the 
                        boundaries:
                Provided, That the law, ordinance, regulation, solid 
                waste management plan or legally binding provision is 
                applied to the transportation, management or disposal 
                of municipal 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 
                        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 of recyclable materials, 
                that are generated within the 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 facility 
                designated before May 15, 1994 under such law, 
                ordinance, regulation, solid waste management plan or 
                legally binding provision.
                    ``(iv) 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 
                        of recyclable materials 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 of recyclable materials that are 
                        not materials 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) and that--
                                    ``(aa) are generated from household 
                                sources (as described in subsection 
                                (g)(2)(A)(i)) within the boundaries; or
                                    ``(bb) are generated from 
                                commercial, institutional, or 
                                industrial sources within the 
                                boundaries:
                Provided, That the law, ordinance, regulation, solid 
                waste management plan or legally binding provision is 
                applied to the transportation of recyclable materials, 
                described in subclause (III), to a facility designated 
                before May 15, 1994 under such law, ordinance, 
                regulation, solid waste management plan or legally 
                binding provision, and is applied to the same class of 
                materials described in item (aa) or (bb) of subclause 
                (III) to which the law, ordinance, regulation, solid 
                waste management plan or legally binding provision 
                applied before May 15, 1994.
            ``(2) Contract information.--A party to a contract or other 
        agreement that is described in subparagraph (e)(1)(A) or 
        (e)(1)(B) 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 or 
        recyclable materials covered by the contract or agreement with 
        respect to which the State or qualified political subdivision 
        could otherwise exercise authority under subsection (a) or 
        (e)(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) Effect on interstate commerce.--Any contract or 
        agreement described in subsection (e)(1)(A) or (e)(1)(B), and 
        any law, ordinance, regulation, solid waste management plan or 
        legally binding provision described in subsection (e)(1)(C), 
        shall be considered a reasonable regulation of commerce by any 
        State or qualified political subdivision, retroactive to the 
        effective date of the contract or agreement, or to the date of 
        adoption of any such law, ordinance, regulation, solid waste 
        management plan or legally binding provision, and shall not be 
        considered as imposing an undue burden on or otherwise 
        impairing, restraining or discriminating against interstate 
        commerce.
            ``(4) 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.
    ``(f) 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 and 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.
    ``(g) Definitions.--As used in this section:
            ``(1) 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.
            ``(2) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means--
                            ``(i) any solid waste generated by a 
                        household, including a single or multifamily 
                        residence;
                            ``(ii) any solid waste that is generated by 
                        a commercial, institutional, or industrial 
                        source;
                            ``(iii) residue remaining after recyclable 
                        materials have been separated, or diverted at 
                        the point of generation or at a waste 
                        management facility, from municipal solid waste 
                        described in clause (i) or (ii); and
                            ``(iv) conditional exempt small quantity 
                        generator waste under section 3001(d) of this 
                        Act, provided it is collected, processed or 
                        disposed with other municipal solid waste as 
                        part of municipal solid waste services.
                    ``(B) Exclusions.--The term `municipal solid waste' 
                shall not include any of the following:
                            ``(i) Hazardous waste required to be 
                        managed in accordance with subtitle C (other 
                        than waste described in subparagraph (A)(iv)), 
                        solid waste containing a polychlorinated 
                        biphenyl regulated under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.), or 
                        medical waste listed in section 11002 of this 
                        Act.
                            ``(ii)(I) A recyclable material.
                            ``(II) A material or a product returned 
                        from a dispenser or distributor to the 
                        manufacturer or the agent of the manufacturer 
                        for credit, evaluation, or reuse.
                            ``(III) A material or product that is an 
                        out-of-date or unmarketable material or 
                        product, or is a material or product that does 
                        not conform to specifications, and that is 
                        returned to the manufacturer or the agent of 
                        the manufacturer for credit, evaluation, or 
                        reuse.
                            ``(iii) Any solid 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 (42 
                        U.S.C. 9604 or 9606) or a corrective action 
                        taken under this Act.
                            ``(iv)(I) Industrial solid waste.
                            ``(II) Any solid waste that is generated by 
                        an industrial facility and transported for the 
                        purpose of containment, storage, or disposal to 
                        a facility that is owned or operated by the 
                        generator of the waste, or a facility that is 
                        located on property owned by the generator.
            ``(3) 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.
            ``(4) Recyclable material.--The term `recyclable material' 
        means any material (including any metal, glass, plastic, 
        textile, wood, paper, rubber, or other material) that has been 
        or will be separated or diverted from solid waste for the 
        purpose of recycling, reclamation, or reuse.
            ``(5) Solid waste management plan.--The term `solid waste 
        management plan' means a plan for the transportation, 
        treatment, processing, composting, disposal or other management 
        of municipal solid waste adopted by a State or qualified 
        political subdivision pursuant to and conforming with State 
        law.
            ``(6) Waste management facility.--The term `waste 
        management facility' means any facility in which solid waste is 
        collected, separated, stored, transferred, treated, processed, 
        deposited or disposed.''
    (b) Table of Contents.--The table of contents for such subtitle D 
is amended by adding after the item relating to section 4010 the 
following new item:

``Sec. 4011. Congressional authorization of State control over 
                            transportation and disposal of municipal 
                            solid waste.''
                                 <all>
HR 4859 IH----2