[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1180 Introduced in House (IH)]

  1st Session
                                H. R. 1180

    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for restrictions on receipt of out-of-State municipal 
  solid waste and for State control over transportation of municipal 
 solid waste, and to clarify the authority for certain municipal solid 
        waste flow control arrangements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 1995

  Mr. Upton (for himself, Mr. Boucher, and Mr. Bonior) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for restrictions on receipt of out-of-State municipal 
  solid waste and for State control over transportation of municipal 
 solid waste, and to clarify the authority for certain municipal solid 
        waste flow control arrangements, 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 ``State and Local Government 
Interstate Waste Control Act of 1995''.

SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
is amended by adding after section 4010 the following new section:

``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    (a) Restriction on Receipt of Out-of-State Waste.--
            ``(1) In general.--(A) Except as provided in subsections 
        (c), (e), and (g), effective January 1, 1996, a landfill or 
        incinerator in a State may not receive for disposal or 
        incineration any out-of-State municipal solid waste unless the 
        owner or operator of such landfill or incinerator obtains 
        explicit authorization (as part of a host community agreement) 
        from the affected local government to receive the waste.
            ``(B) An authorization granted after enactment of this 
        section pursuant to subparagraph (A) shall--
                    ``(i) be granted by formal action at a meeting;
                    ``(ii) be recorded in writing in the official 
                record of the meeting; and
                    ``(iii) remain in effect according to its terms.
            ``(C) An authorization granted pursuant to subparagraph (A) 
        may specify terms and conditions, including an amount of out-
        of-State waste that an owner or operator may receive and the 
        duration of the authorization.
            ``(D) Promptly, but not later than ninety days after such 
        an authorization is granted, the affected local government 
        shall notify the Governor, contiguous local governments, and 
        any contiguous Indian tribes of an authorization granted under 
        this subsection.
            ``(2) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to this 
        subsection, the owner or operator of the facility seeking such 
        authorization shall provide (and make readily available to the 
        Governor, each contiguous local government and Indian tribe, 
        and any other interested person for inspection and copying) the 
        following information:
                    ``(A) A brief description of the facility, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size, ultimate 
                waste capacity, and the anticipated monthly and yearly 
                quantities (expressed in terms of volume) of waste to 
                be handled.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and hydrogeological features. The map shall 
                indicate any buffer zones to be acquired by the owner 
                or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area (including 
                identification of private wells and public drinking 
                water sources), and a discussion of alterations that 
                may be necessitated by, or occur as a result of, the 
                facility.
                    ``(D) A description of environmental controls 
                typically required to be used on the site (pursuant to 
                permit requirements), including run on or run off 
                management (or both), air pollution control devices, 
                source separation procedures (if any), methane 
                monitoring and control, landfill covers, liners or 
                leachate collection systems, and monitoring programs. 
                In addition, the description shall include a 
                description of any waste residuals generated by the 
                facility, including leachate or ash, and the planned 
                management of the residuals.
                    ``(E) A description of site access controls to be 
                employed, and roadway improvements to be made, by the 
                owner or operator, and an estimate of the timing and 
                extent of increased local truck traffic.
                    ``(F) A list of all required Federal, State, and 
                local permits.
                    ``(G) Estimates of the personnel requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preoperational and postoperational 
                levels.
                    ``(H) Any information that is required by State or 
                Federal law to be provided with respect to any 
                violations of environmental laws (including 
                regulations) by the owner, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective action and rehabilitation 
                measures taken as a result of the proceedings.
                    ``(I) Any information that is required by State or 
                Federal law to be provided with respect to gifts and 
                contributions made by the owner or operator.
                    ``(J) Any information that is required by State or 
                Federal law to be provided with respect to compliance 
                by the owner or operator with the State solid waste 
                management plan.
            ``(3) Notification.--Prior to taking formal action with 
        respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to this subsection, an affected 
        local government shall--
                    ``(A) notify the Governor, contiguous local 
                government, and any contiguous Indian tribes;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation at least thirty days before 
                holding a hearing and again at least fifteen days 
                before holding the hearing, except where State law 
                provides for an alternate form of public notification; 
                and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least one 
                public hearing.
    ``(b) Annual State Report.--
            ``(1) In general.--Within ninety days after enactment of 
        this section and on April 1 of each year thereafter the owner 
        or operator of each landfill or incinerator receiving out-of-
        State municipal solid waste shall submit to the affected local 
        government and to the Governor of the State in which the 
        landfill or incinerator is located information specifying the 
        amount and State of origin of out-of-State municipal solid 
        waste received for disposal during the preceding calendar year. 
        Within one hundred and twenty days after enactment of this 
        section and on July 1 of each year thereafter each such State 
        shall publish and make available to the Administrator, the 
        governor of the State of origin and the public a report 
        containing information on the amount of out-of-State municipal 
        solid waste received for disposal in the State during the 
        preceding calendar year.
            ``(2) Contents.--Each submission referred to in this 
        subsection shall be such as would result in criminal penalties 
        in case of false or misleading information. Such submission 
        shall include the amount of waste received, the State of 
        origin, the identity of the generator, the date of shipment, 
        and the type of out-of-State municipal solid waste.
            ``(3) List.--The Administrator shall publish a list of 
        States that the Administrator has determined have exported out 
        of State in any of the following calendar years an amount of 
        municipal solid waste in excess of--
                    ``(A) 3.5 million tons in 1996;
                    ``(B) 3.0 million tons in 1997;
                    ``(C) 3.0 million tons in 1998;
                    ``(D) 2.5 million tons in 1999;
                    ``(E) 2.5 million tons in 2000;
                    ``(F) 1.5 million tons in 2001;
                    ``(G) 1.0 million tons in 2002;
                    ``(H) 1.0 million tons in 2003; and
                    ``(I) 1.0 million tons in each calendar year after 
                2003.
        The list for any calendar year shall be published by June 1 of 
        the following calendar year.
            ``(4) Savings provision.--Nothin in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(c) Freeze.--
            ``(1) Annual amount.--(A) Beginning January 1, 1996, except 
        as provided in paragraph (2) and unless it would result in a 
        violation of, or be inconsistent with, a host community 
        agreement or permit specifically authorizing the owner or 
        operator of a landfill or incinerator to accept out-of-State 
        municipal solid waste at such landfill or incinerator, and 
        notwithstanding the absence of a request in writing by the 
        affected local government, a Governor, in accordance with 
        paragraph (3), may limit the quantity of out-of-State municipal 
        solid waste received for disposal at each landfill or 
        incinerator covered by the exceptions provided in subsection 
        (e) that is subject to the jurisdiction of the Governor, to an 
        annual amount equal to the quantity of out-of-State municipal 
        solid waste received for disposal at such landfill or 
        incinerator during calendar year 1993.
            ``(B) At the request of an affected local government that 
        has not executed a host community agreement, the Governor may 
        limit the amount of out-of-State municipal solid waste received 
        annually for disposal at the landfill or incinerator concerned 
        to the amount described in subparagraph (A). No such limit may 
        conflict with provisions of a permit specifically authorizing 
        the owner or operator to accept, at the facility, out-of-State 
        municipal solid waste.
            ``(C) A limit or prohibition under this section shall be 
        treated as conflicting and inconsistent with a permit or host 
        community agreement if--
                    ``(i) the permit or host community agreement 
                establishes a higher limit; or
                    ``(ii) the permit or host community agreement does 
                not establish any limit.
            ``(2) Limitation on governor's authority.--A Governor may 
        not exercise the authority granted under this subsection in a 
        manner that would require any owner or operator of a landfill 
        or incinerator covered by the exceptions provided in subsection 
        (e) to reduce the amount of out-of-State municipal solid waste 
        received from any State for disposal at such landfill or 
        incinerator to an annual quantity less than the amount received 
        from such State for disposal at such landfill or incinerator 
        during calendar year 1993.
            ``(3) Uniformity.--Any limitation imposed by a Governor 
        under paragraph (1)(A)--
                    ``(A) shall be applicable throughout the State;
                    ``(B) shall not directly or indirectly discriminate 
                against any particular landfill or incinerator within 
                the State; and
                    ``(C) shall not directly or indirectly discriminate 
                against any shipments of out-of-State municipal solid 
                waste on the basis of place of origin.
    ``(d) Ratchet.--
            ``(1) In general.--Unless it would result in a violation 
        of, or be inconsistent with, a host community agreement or 
        permit specifically authorizing the owner or operator of a 
        landfill or incinerator to accept out-of-State municipal solid 
        waste at such landfill or incinerator, immediately upon the 
        date of publication of the list required under subsection 
        (b)(3), and notwithstanding the absence of a request in writing 
        by the affected local government, a Governor, in accordance 
        with paragraph (4), may prohibit the disposal of out-of-State 
        municipal solid waste, at any landfill or incinerator covered 
        by the exceptions in subsection (e) that is subject to the 
        jurisdiction of the Governor, generated in any State that is 
        determined by the Administrator under subsection (b)(3) as 
        having exported, to landfills or incinerators not covered by 
        host community agreements or permits, in any of the following 
        calendar years an amount of municipal solid waste in excess of 
        the following:
                    ``(A) 3.5 million tons in 1996.
                    ``(B) 3.0 million tons in 1997.
                    ``(C) 3.0 million tons in 1998.
                    ``(D) 2.5 million tons in 1999.
                    ``(E) 2.5 million tons in 2000.
                    ``(F) 1.5 million tons in 2001.
                    ``(G) 1.5 million tons in 2002.
                    ``(H) 1.0 million tons in 2003.
                    ``(I) 1.0 million tons in each calendar year after 
                2003.
            ``(2) Additional export limits.--
                    ``(A) Prohibition.--No State may export to any one 
                State more than the following amounts of municipal 
                solid waste in any of the following calendar years:
                            ``(i) 1.0 million tons, or 90 percent of 
                        the 1993 levels exported to the State, 
                        whichever is greater, in 1996.
                            ``(ii) .9 million tons, or 90 percent of 
                        the 1996 levels exported to the State, 
                        whichever is greater, in 1997.
                            ``(iii) .8 million tons, or 90 percent of 
                        the 1997 levels exported to a State, whichever 
                        is greater, in 1998.
                            ``(iv) .7 million tons, or 90 percent of 
                        the 1998 levels exported to a State, whichever 
                        is greater, in 1999.
                            ``(v) .6 million tons in 2000.
                            ``(vi) .5 million tons in 2001.
                            ``(vii) .5 million tons in any year after 
                        2001, to landfills or incinerators not covered 
                        by host community agreements or permits 
                        authorizing receipt of out-of-State municipal 
                        solid waste.
                    ``(B) Action by governor.--The Governor of an 
                importing State may restrict levels of imports of 
                municipal solid waste into that State to reflect the 
                levels specified in subparagraph (A) if--
                            ``(i) The Governor of the importing State 
                        has notified the Governor of the reporting 
                        State and the Administrator twelve months prior 
                        to enforcement of the importing State's 
                        intention to impose the requirements of this 
                        section;
                            ``(ii) the Governor of the importing State 
                        has notified the Governor of the exporting 
                        State and the Administrator of the violation by 
                        the exporting State of this section at least 
                        ninety days prior to the enforcement of this 
                        section; and
                            ``(iii) the restrictions imposed by the 
                        Governor of the importing State are uniform at 
                        all facilities within the State receiving 
                        municipal solid waste from the exporting State.
            ``(3) Duration.--The authority provided by paragraph (1) or 
        (2) or both shall apply for as long as a State exceeds the 
        levels allowable under paragraph (1) or (2), as the case may 
        be.
            ``(4) Uniformity.--Any restriction imposed by a State under 
        paragraph (1) or (2)--
                    ``(A) shall be applicable throughout the State;
                    ``(B) shall not directly or indirectly discriminate 
                against any particular landfill or incinerator within 
                the State; and
                    ``(C) shall not directly or indirectly discriminate 
                against any shipments of out-of-State municipal solid 
                waste on the basis of State of origin, in the case of 
                States in violation of paragraph (1) or (2).
    ``(e) Authorization Not Required for Certain Facilities.--
            ``(1) In general.--The prohibition of the disposal of out-
        of-State municipal solid waste in subsection (a) shall not 
        apply to landfills and incinerators that--
                    ``(A) were in operation on the date of enactment of 
                this section and received during calendar year 1993 
                documented shipments of out-of-State municipal solid 
                waste, or
                    ``(B) before the date of enactment of this section, 
                the owner or operator entered into a host community 
                agreement or received a permit specifically authorizing 
                the owner or operator to accept at the landfill or 
                incinerator municipal solid waste generated outside the 
                State in which it is or will be located.
            ``(2) Availability of documentation.--The owner or operator 
        of a landfill or incinerator that is exempt under paragraph (1) 
        of this subsection from the requirements of subsection (a) 
        shall provide to the State and affected local government, and 
        make available for inspection by the public in the affected 
        local community, a copy of the host community agreement or 
        permit referenced in paragraph (1). The owner or operator may 
        omit from such copy or other documentation any proprietary 
        information, but shall ensure that at least the following 
        information is apparent: the volume of out-of-State municipal 
        solid waste received, the place of origin of the waste, and the 
        duration of any relevant contract.
            ``(3) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste in the absence of a host community 
        agreement if the operating permit or license for the landfill 
        or incinerator (or renewal thereof) was denied or revoked by 
        the appropriate State agency before the date of enactment of 
        this section unless such permit or license (or renewal) has 
        been reinstated as of such date of enactment.
            ``(4) Waste within bi-state metropolitan statistical 
        areas.--The owner or operator of a landfill or incinerator in a 
        State may receive out-of-State municipal solid waste without 
        obtaining authorization under subsection (a) from the affected 
        local government if the out-of-State waste is generated within, 
        and the landfill or incinerator is located within, the same bi-
        State level A metropolitan statistical area (as defined by the 
        Office of Management and Budget and as listed by the Office of 
        Management and Budget as of the date of enactment of this 
        section) that contains two contiguous major cities each of 
        which is in a different State.
    ``(f) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.
    ``(g) Savings Clause.--Nothing in this section shall be interpreted 
or construed to have any effect on State law relating to contracts or 
to authorize or result in the violation or failure to perform the terms 
of a written, legally binding contract entered into before enactment of 
this section during the life of the contract as determined under State 
law.
    ``(h) Definitions.--As used in this section:
            ``(1) Affected local government.--(A) For any landfill or 
        incinerator, the term `affected local government' means--
                    ``(i) the public body authorized by State law to 
                plan for the management of municipal solid waste, a 
majority of the members of which are elected officials, for the area in 
which the landfill or incinerator is located or proposed to be located; 
or
                    ``(ii) if there is no such body created by State 
                law or if a majority of the authorized public body's 
                members are not elected officials the elected officials 
                of the city, town, or township, borough, county, or 
                parish exercising primary responsibility for the use of 
                the land on which the facility is located or is 
                proposed to be located, except that for purposes of 
                host community agreements entered into before the date 
                of enactment of this section, the term shall mean 
                either the public body described in subparagraph (A) or 
                the elected officials of the city, town, township, 
                borough, county, or parish exercising primary 
                responsibility for the use of the land on which the 
                facility is located or proposed to be located. No host 
                community agreement that is entered into by the elected 
                officials described in clause (ii) may be overturned by 
                an act of a public body described in clause (i) if such 
                body is created by State law after the execution of 
                such host community agreement.
            ``(B) Two or more Governors of adjoining States may use the 
        authority provided in section 1005(b) to enter into an 
        agreement under which contiguous units of local government 
        located in each of the adjoining States may act jointly as the 
        affected local government for purposes of providing 
        authorization under subsection (a) for municipal solid waste 
        generated in one of the jurisdictions described in subparagraph 
        (A) and received for disposal or incineration in another.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding document or 
        documents executed by duly authorized officials of the affected 
        local government that specifically authorizes a landfill or 
        incinerator to receive municipal solid waste generated out-of-
        State.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means refuse (and refuse-derived fuel) discarded from a 
        residential source, or from a commercial, institutional, or 
        industrial source (or any combination thereof) to the extent 
        such waste is essentially the same as waste normally discarded 
        by households or was collected and disposed of with other 
        municipal solid waste as part of normal municipal solid waste 
        collection services, and regardless of when discarded, would be 
        considered conditionally exempt small quantity generator waste 
        under section 1001(d), such as paper, food, wood, yard wastes, 
        plastics, leather, rubber, appliances, or other combustible or 
        noncombustible materials such as metal or glass (or 
any combination thereof). The term `municipal solid waste' does not 
include any of the following:
                    ``(A) Any solid waste identified or listed as a 
                hazardous waste under section 3001.
                    ``(B) 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.
                    ``(C) Recyclable materials that have been 
                separated, at the source of the waste, from waste 
                otherwise destined for disposal or that have been 
                managed separately from waste destined for disposal.
                    ``(D) 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 of the waste, or is located on 
                        property owned by a company with which the 
                        generator is affiliated.
                    ``(E) Any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation.
                    ``(F) Except as specifically set out in section 
                4011, (a), sewage sludge and residuals from any sewage 
                treatment plan, including any sewage treatment plant 
                required to be constructed in the state of 
                Massachusetts pursuant to any court order issued 
                against the Massachusetts Water Resources Authority.
                    ``(G) Combustion ash generated by resource recovery 
                facilities or municipal incinerators, or waste from 
                manufacturing or processing (including pollution 
                control) operations not essentially the same as waste 
                normally generated by households.
                    ``(H) Any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph).
                    ``(I) Any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(4) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste' means, with respect to any 
        State, municipal solid waste generated outside of the State. 
        The term shall include municipal solid waste generated outside 
        of the United States.
            ``(5) Specifically authorized, specifically authorizes.--
        The terms `specifically authorized' and `specifically 
        authorizes' means an explicit authorization, contained in a 
        host community agreement or permit, to import waste from 
        outside the State. Such authorization may include a reference 
        to a fixed radius surrounding 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 a `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 or locations outside the State.''.

SEC. 3. ADDITIONAL RESTRICTIONS.

    (a) Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et 
seq.) is amended by adding after section 4010 the following new 
section:

``SEC. 4011. INTERSTATE DISPOSAL OF SEWAGE SLUDGE.

    ``(a) Notwithstanding any other provision of this act, agricultural 
land or surface mine sites in a State may not receive for disposal any 
out-of-State sewage sludge or residuals from any sewage treatment plant 
unless the owner of the agricultural land or surface mine site obtains 
explicit authorization (as a part of a host community agreement) from 
the affected local government to receive the sludge or residuals.''.

SEC. 4. 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 after the item relating 
to section 4010 the following new item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.''.

SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
Disposal Act is amended by adding after section 4010 the following new 
section:

``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    ``(a) Authority.--Each State and each political subdivision thereof 
is authorized to exercise flow control authority for municipal solid 
waste, and recyclable materials voluntarily relinquished by the owner 
or generator of such materials, generated within its jurisdiction 
directing such municipal solid waste or recyclable materials to one or 
more waste management facilities or facilities for recyclable 
materials, if such flow control authority--
            ``(1) is imposed pursuant to a law, ordinance, regulation, 
        or other legally binding provision or official act of the State 
        or political subdivision in effect on May 15, 1994; and
            ``(2) has been implemented by designating before May 15, 
        1994, the particular waste management facilities in operation 
        as of May 15, 1994, to which the municipal solid waste or 
        recyclable materials must be delivered.
The authority of this section shall only extend to the specific 
classes, categories, volumes or sources of municipal solid waste to 
which flow control authority requiring a movement to one or more waste 
management facilities was actually applied on May 15, 1994 (or, in the 
case of a State or political subdivision that qualifies under 
subsection (b), to the specific classes or categories of municipal 
solid waste for which the State or political subdivision prior to May 
15, 1994, had committed to the designation of one or more waste 
management facilities). With regard to facilities granted flow control 
authority pursuant to subsection (b), if the specific classes or 
categories of municipal solid waste are not clearly identified, the 
authority of this section shall apply only to municipal solid waste 
generated by households. With respect to each designated facility, the 
authority of subsections (a) and (b) shall be effective for the 
remaining life of a contract between the State or political subdivision 
and any other person for the movement or delivery of such waste or 
recyclable materials (as in effect May 15, 1994), or until completion 
of the original schedule for payment of the capital costs of the 
facility concerned (as in effect May 15, 1994). With respect to any 
facility to which a local government was directing waste as of May 15, 
1994, pursuant to a law or ordinance of the state or political 
subdivision in effect on May 15, 1994, the authority of this section 
shall be effective for the remaining life of a contract between the 
state or political subdivision and any other person for the movement or 
delivery of such waste or recyclable materials (as in effect May 15, 
1994) or until completion of the original schedule for payment of the 
capital costs of the facility concerned (as in effect May 15, 1994).
    ``(b) Commitment to Construction.--Notwithstanding the restrictions 
in subsection (a) (1) and (2), any political subdivision of a State may 
be granted the flow control authority in subsection (a), if--
            ``(1) the law, ordinance, regulation, or other legally 
        binding provision specifically provides for flow control 
        authority for municipal solid waste generated within its 
        boundaries and was in effect as of May 15, 1994; and
            ``(2) such political subdivision has taken action prior to 
        May 15, 1994, to commit to the designation of one or more waste 
        management facilities for such method of disposal of municipal 
        solid waste selected under such law, ordinance, regulation, 
        plan, or legally binding provision. Such a commitment to the 
        designation of one or more waste management facilities is 
        demonstrated if the political subdivision of a state presented 
        revenue bonds for sale to specifically provide revenue for the 
        construction of such facility prior to May 15, 1994.
    ``(c) Retained Authority.--Upn the request of any generator of 
municipal solid waste affected by this section, the State or political 
subdivision shall authorize the diversion of all or a portion of the 
sold wastes generated by the generator making such request to a solid 
waste facility, other than the facility or facilities originally 
designated by the political subdivision, where the purpose of such 
request is to provide a higher level of protection for human health and 
the environment or to indemnify or reduce potential future liability 
under Federal or State law of such generator for the management of such 
wastes, unless the state or political subdivision determines that the 
facility to which the municipal solid waste is being diverted does not 
provide a higher level of protection for human health and the 
environment or does not indemnify or reduce the potential future 
liability under Federal or State law of such generator for the 
management of such wastes. Requests shall include information on the 
environmental suitability of the proposed alternative treatment or 
disposal facility and method, compared to that of the designated 
facility and method.
    ``(d) Reasonable Regulation of Commerce.--A law, ordinance, 
regulation, or other legally binding provision or official act of a 
State or political subdivision, described in subsection (a) or (b), 
that implements flow control authority in compliance with this section 
shall be considered to be a reasonable regulation of commerce and shall 
not be considered to be an undue burden or otherwise as impairing, 
restraining, or discriminating against interstate commerce.
    ``(e) Flow Control Study.--The Administrator, in cooperation with 
the National Academy of Public Administration and the Secretary of the 
Treasury, shall conduct a study of the extent to which the decision of 
the United States Supreme Court in C&A Carbone v. Clarkstown, New York 
has affected the ability of public and private agencies and entities to 
secure or retain financing for solid waste management facilities or 
services. Such study shall address whether such decision is likely to 
interfere with the implementation of State solid waste management 
plans, and whether such decision is likely to affect recycling or 
composing. The Administration shall submit a report on such study to 
the Congress, together with recommendations for needed legislation, if 
any, not later than March 31, 1996.
    ``(f) Effect on Existing Laws and Contracts.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        interpreted or construed to have any effect on any other law 
        relating to the protection of human health and the environment, 
        or the management of municipal solid waste or recyclable 
        materials.
            ``(2) State law.--Nothing in this section shall be 
        interpreted to authorize a political subdivision to exercise 
        the flow control authority granted by this section in a manner 
        inconsistent with State law.
            ``(3) Ownership of recyclable materials.--Nothing in this 
        section shall authorize any State or political subdivision to 
        require any generator or owner of recyclable materials to 
        transfer any recyclable materials to such State or political 
        subdivision, nor 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 such recyclable materials available to the State or 
        political subdivision and relinquished any rights to, or 
        ownership of, such recyclable materials.
    ``(g) Definitions.--For the purposes of this section--
            ``(1) Municipal solid waste.--The term `muncipial solid 
        waste' means, subject to the limitations of subsection (a), any 
        solid waste generated by the general public or by households 
        (including single residences and multifamily residences of up 
        to 4 units) and from commercial, institutional, and industrial 
        sources, to the extent such waste is essentially the same as 
        waste normally generated by households or was collected and 
        disposed of with other municipal solid waste as part of normal 
        municipal solid waste collection services, consisting of paper, 
        wood, yard waste, plastics, leather, rubber, and other 
        combustible materials and noncombustible materials such as 
        metal and glass, including residue remaining after recyclable 
        materials have 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), 
        except that the term does not include--
                    ``(A) any waste identified or listed as a hazardous 
                waste under section 3001 of this Act or waste regulated 
                under the Toxic Substances and Control Act;
                    ``(B) any waste, including contaminated soil and 
                debris, resulting from response taken under section 104 
                or 106 of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 or any 
                corrective action taken under this Act;
                    ``(C) construction and demolition debris;
                    ``(D) medical waste listed in section 11002 of this 
                Act;
                    ``(E) industrial waste generated by manufacturing 
                or industrial processes, including waste generated 
                during scrap processing and scrap recycling;
                    ``(F) recyclable materials; or
                    ``(G) sludge.
            ``(2) Recyclable materials.--The term `recyclable 
        materials' means any materials that have been separated from 
        waste otherwise destined for disposal (either at the source of 
        the waste or at processing facilities) or that have been 
        managed separately from waste destined for disposal, for the 
        purpose of recycling, reclamation, composing of organic 
        materials such as food and yard waste, or reuse (other than for 
        the purpose of incineration). Materials shall be deemed 
        `recyclable materials' for the purpose of subsection (a) only 
        if the generator or owner of the materials voluntarily made the 
        materials available to the State or political subdivision (or 
        the designee of the State or political subdivision) and 
        relinquished any rights to, or ownership of, such materials, 
        and the State or political subdivision (or such designee) 
        assumes such rights to, or ownership of, such materials.
            ``(3) Waste management facility.--The term `waste 
        management facility' means any facility collecting, separating, 
        storing, transporting, transferring, treating, processing, 
        combusting, or disposing of municipal solid waste.
            ``(4) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of solid 
        waste or recyclable materials and direct such solid waste or 
        recyclable materials to one or more designated waste management 
        facilities or facilities for recyclable materials.
            ``(5) Designate; designation.--The terms `designate', 
        `designated', `designating', and `designation' mean a 
        requirement of a State or political subdivision, and the act of 
        a State or political subdivision, to require that all or any 
        portion of the municipal solid waste or recyclable materials 
        that is generated within the boundaries of the State or 
        political subdivision be delivered to a waste management 
        facility or facility for recyclable materials identified by the 
        State or political subdivision.''.

SEC. 6. TABLE OF CONTENTS AMENDMENT.

    The table of contents for subtitle D of the Solid Waste Disposal 
Act is amended by adding the following new item after the item relating 
to section 4010:

``Sec. 4011. Congressional authorization of State and local government 
                            control over movement of municipal solid 
                            waste and recyclable materials.''.
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