[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 398 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 398

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 13 (legislative day, January 30), 1995

  Mr. Lautenberg (for himself, Mr. Cohen, Ms. Snowe, Mr. Heflin, Mr. 
  Graham, and Mr. Dodd) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide congressional 
authorization for 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. SHORT TITLE.

    This Act may be cited as the ``Flow Control Act of 1995''.

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

    ``(a) Authority.--
            ``(1) In general.--Each State and each qualified political 
        subdivision may, in accordance with this section--
                    ``(A)(i) exercise flow control authority for 
                municipal solid waste, incinerator ash from a solid 
                waste incineration unit, construction debris, or 
                demolition debris generated within the boundaries of 
                the State or qualified political subdivision if, before 
                May 15, 1994, the State or qualified political 
                subdivision--
                            ``(I) adopted a law, ordinance, regulation, 
                        solid waste management plan, or legally binding 
                        provision that contains flow control authority 
                        and, pursuant to such authority, directs such 
                        solid waste, ash, or debris to a proposed or 
                        existing waste management facility designated 
                        before May 15, 1994; or
                            ``(II) adopted a law, ordinance, 
                        regulation, solid waste management plan, or 
                        legally binding provision that identifies 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 such boundaries, and 
                        committed to the designation of one or more 
                        waste management facilities for such method or 
                        methods;
                    ``(ii) after the effective date of this section, in 
                the case of a State or qualified political subdivision 
                that adopted such a law, ordinance, regulation, plan, 
                or legally binding provision that meets the 
                requirements of subclause (I) or (II) of clause (i), 
                exercise flow control authority over such solid waste 
                from any existing or future waste management facility 
                to any other existing or future waste management 
                facility; and
                    ``(iii) after the effective date of this section, 
                in the case of a State or qualified political 
                subdivision that adopted such a law, ordinance, 
                regulation, plan, or legally binding provision that 
                meets the requirements of subclause (I) of clause (i), 
                exercise flow control authority over such solid waste, 
                ash, or debris from any existing waste management 
                facility to any other existing or proposed waste 
                management facility, and may do so without regard to 
                subsection (b)(2); and
                    ``(B) exercise flow control authority for 
                voluntarily relinquished recyclable materials generated 
                within the boundaries of the State or qualified 
                political subdivision.
            ``(2) Reasonable regulation of commerce.--
                    ``(A) A law, ordinance, regulation, solid waste 
                management plan, or legally binding provision of a 
                State or qualified political subdivision, described in 
                paragraph (1), that implements or exercises 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 on or 
                otherwise as impairing, restraining, or discriminating 
                against interstate commerce.
                    ``(B) A contract or franchise agreement entered 
                into by a State or political subdivision to provide the 
                exclusive or nonexclusive authority for the collection, 
                transportation, or disposal of municipal solid waste, 
                and not otherwise involving the exercise of flow 
                control authority described in paragraph (1), shall be 
                considered to be a reasonable regulation of commerce 
                and shall not be considered to be an undue burden on or 
                otherwise as impairing, restraining, or discriminating 
                against interstate commerce.
    ``(b) Limitations.--
            ``(1) Limitation of authority regarding recyclable 
        materials.--A State or qualified political subdivision may 
        exercise the authority described in subsection (a)(1)(B) 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) Limitation of authority regarding solid waste or 
        recyclable materials.--
                    ``(A) A State or qualified political subdivision 
                may exercise the authority described in subparagraph 
                (A) or (B) of subsection (a)(1) only if the State or 
                qualified political subdivision establishes a program 
                to separate, or divert at the point of generation, 
                recyclable materials from 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.
                    ``(B) A State or qualified political subdivision 
                may exercise the authority described in clause (i) or 
                (ii) of subsection (a)(1)(A) only if, after conducting 
                one or more public hearings, the State or qualified 
                political subdivision--
                            ``(i) finds, on the basis of the record 
                        developed at the hearing or hearings, that it 
                        is necessary to exercise the authority 
                        described in subparagraph (A) or (B) of 
                        subsection (a)(1) 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 the management of 
                        municipal solid waste or recyclable materials;
                            ``(ii) finds, on the basis of the record 
                        developed at the hearing or hearings, including 
                        an analysis of the ability of the private 
                        sector and public bodies to provide short and 
                        long term integrated solid waste management 
                        services with and without flow control 
                        authority, that the exercise of flow control 
                        authority is necessary to provide such services 
                        in an economically efficient and 
                        environmentally sound manner; and
                            ``(iii) provides a written explanation of 
                        the reasons for the findings described clauses 
                        (i) and (ii), which may include a finding of a 
                        preferred waste management methodology or 
                        methodologies for providing such integrated 
                        solid waste management services.
                    ``(C) With respect to each designated waste 
                management facility, the authority of subsection (a) 
                shall be effective until completion of the schedule for 
                payment of the capital costs of the waste management 
                facility concerned (as in effect on May 15, 1994), or 
                for the remaining useful life of the original waste 
                management facility, whichever is longer. At the end of 
                such period, the authority of subsection (a) shall be 
                effective for any waste management facility for which 
                subparagraph (B) and subsection (c) have been complied 
                with by the State or qualified political subdivision, 
                except that no facility, and no State or qualified 
                political subdivision, subject to subsection 
                (a)(1)(A)(i)(I) or subsection (a)(1)(A)(ii) shall be 
                required to comply with subparagraph (B) for a period 
                of 10 years after the date of enactment of this 
                section. Notwithstanding the provisions of this 
                paragraph, compliance with subparagraph (B) shall not 
                be required where--
                            ``(i) a designated waste management 
                        facility is required to retrofit or otherwise 
                        make significant modifications to meet 
                        applicable environmental requirements or safety 
                        requirements;
                            ``(ii) routine repair or scheduled 
                        replacements of existing equipment or 
                        components of a designated waste management 
                        facility is undertaken that does not add to the 
                        capacity of the waste management facility; or
                            ``(iii) a designated waste management 
                        facility expands on land legally or equitably 
                        owned, or under option to purchase or lease, by 
                        the owner or operator of such facility and the 
                        applicable permit includes such land.
                    ``(D) Notwithstanding anything to the contrary in 
                this section, paragraphs (2)(B) and (2)(C) shall not 
                apply to any State (or any of its political 
                subdivisions) that, on or before January 1, 1984, 
                enacted regulations pursuant to a State law that 
                required or directed the transportation, management, or 
                disposal of solid waste from residential, commercial, 
                institutional and industrial sources as defined by 
                State law to specific waste management facilities and 
                applied those regulations to every political 
                subdivision in the State.
            ``(3) Limitation to applied authorities.--The authority 
        described in subsection (a)(1)(A) shall apply only to the 
        specific classes or categories of solid waste to which the 
        authority described in subsection (a)(1)(A)(i)(I) was applied 
        by the State or qualified political subdivision before May 15, 
        1994, and to the specific classes or categories of solid waste 
        for which the State or qualified political subdivision 
        committed to the designation of one or more waste management 
        facilities as described in subsection (a)(1)(A)(i)(II).
            ``(4) Expiration of authority.--The authority granted under 
        subsection (a)(1)(A)(i)(II) 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, one or more proposed or existing 
        waste management facilities within 3 years after the date of 
        enactment of this section.
            ``(5) Limitation on revenue.--A State or qualified 
        political subdivision may exercise the authority described in 
        subsection (a) only if the State or qualified political 
        subdivision limits the use of any of its revenues derived from 
        the exercise of such authority primarily to solid waste 
        management services.
    ``(c) Competitive Designation Process.--
            ``(1) In general.--A State or qualified political 
        subdivision may exercise the authority described in subsection 
        (a) only if the State or qualified political subdivision 
        develops and implements a competitive designation process, with 
        respect to each waste management facility or each facility for 
        recyclable materials. The process shall--
                    ``(A) ensure 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 qualified political subdivision;
                    ``(B) set forth the goals of the designation 
                process, including at a minimum--
                            ``(i) capacity assurance;
                            ``(ii) the establishment of provisions to 
                        provide that protection of human health and the 
                        environment will be achieved; and
                            ``(iii) any other goals determined to be 
                        relevant by the State or qualified political 
                        subdivision;
                    ``(C) identify and compare reasonable and available 
                alternatives, options, and costs for designation of the 
                facilities;
                    ``(D) provide for public participation and comment;
                    ``(E) ensure that the designation of each facility 
                is accomplished through an open competitive process 
                during which the State or qualified political 
                subdivision--
                            ``(i) identifies in writing criteria to be 
                        utilized for selection of the facilities, which 
                        shall not discriminate unfairly against any 
                        particular waste management facility or any 
                        method of management, transportation or 
                        disposal, and shall not establish 
                        qualifications for selection that can only be 
                        met by public bodies;
                            ``(ii) provides a fair and equal 
                        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
                            ``(iii) evaluates and selects the 
                        facilities for designation based on the merits 
                        of the facilities in meeting the criteria 
                        identified; and
                    ``(F) base the designation of each such facility on 
                reasons that shall be stated in a public record.
            ``(2) Certification.--
                    ``(A) In general.--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 paragraph (1).
                    ``(B) Process.--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 
                        the laws and regulations satisfy the 
                        requirements of paragraph (1);
                            ``(iii) 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
                            ``(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) Appeal.--Within 120 days after publication of 
                the final certification under subparagraph (B), any 
                interested person may file an appeal of the final 
                certification in the United States Circuit Court of 
                Appeals for the Federal judicial district of the State, 
                for a judicial determination that the certified laws 
                and regulations do not satisfy the requirements of 
                paragraph (1) or that the certification process did not 
                satisfy the procedural requirements of subparagraph 
                (B). The appeal shall set forth the specific reasons 
                for the appeal of the final certification.
                    ``(D) Limitation to record.--Any judicial 
                proceeding brought under subparagraph (C) shall be 
                limited to the administrative record developed in 
                connection with the procedures described in 
                subparagraph (B).
                    ``(E) Costs of litigation.--In any judicial 
                proceeding brought under subparagraph (C), the court 
                shall award costs of litigation (including reasonable 
                attorney fees) to any prevailing party whenever the 
                court determines that such award is appropriate.
                    ``(F) Limitation on review of certifications.--If 
                no appeal is taken within 120 days after the 
                publication of the final certification, or if the final 
                certification by the Governor of any State is upheld by 
                the United States Circuit Court of Appeals and no party 
                seeks review by the Supreme Court (within applicable 
                time requirements), the final certification shall not 
                be subject to judicial review.
                    ``(G) Limitation on review of designations.--
                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 paragraph (1).
    ``(d) Ownership of Recyclable Materials.--
            ``(1) Prohibition on required transfers.--Nothing in this 
        section shall authorize any State or qualified political 
        subdivision, or any designee of the State or qualified 
        political subdivision, 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 of the recyclable materials voluntarily made 
        the materials available to the State or qualified political 
        subdivision and relinquished any rights to, or ownership of, 
        such materials.
            ``(2) Other transactions.--Nothing in this section shall 
        prohibit any person from selling, purchasing, accepting, 
        conveying, or transporting any recyclable materials for 
        purposes of transformation or remanufacture into usable or 
        marketable materials, unless a 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.
    ``(e) Retained Authority.--Upon the request of any generator of 
municipal solid waste affected by this section, the State or political 
subdivision may authorize the diversion of all or a portion of the 
solid 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 and reduce 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. In making such 
a determination the State or political subdivision may consider the 
ability and willingness of both the designated and alternative disposal 
facility or facilities to indemnify the generator against any cause of 
action under State or Federal environmental statutes and against any 
cause of action for nuisance, personal injury, or property loss under 
any State law.
    ``(f) Existing Laws and Contracts.--
            ``(1) In general.--To the extent consistent with subsection 
        (a), 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 
                transportation, management or disposal of municipal 
                solid waste, incinerator ash from a solid waste 
                incineration unit, construction debris or demolition 
                debris, 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, 
                if, in the case of a contract or agreement relating to 
                recyclable materials, the generator or owner of the 
                materials, and the State or qualified political 
                subdivision, have met the appropriate conditions in 
                subsection (b)(1) with respect to the materials.
                    ``(B) Any other contract or agreement entered into 
                before May 15, 1994, for the transportation, management 
                or disposal of municipal solid waste, incinerator ash 
                from a solid waste incineration unit, or construction 
                debris or demolition debris.
                    ``(C)(i) 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 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, or incinerator ash from, 
                        a solid waste incineration unit, or 
                        construction debris or demolition debris, 
                        generated within the boundaries;
                if the law, ordinance, regulation, solid waste 
                management plan, or legally binding provision is 
                applied to the transportation of solid waste described 
                in subclause (III), to a proposed or existing waste 
                management facility designated before May 15, 1994, or 
                to the management or disposal of such solid waste at 
                such a facility, 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; 
                        and
                            ``(II) that pertains to the transportation 
                        or management of recyclable materials 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 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 proposed or 
                existing facility for recyclable materials designated 
                before May 15, 1994, or to the management of such 
materials, 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 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 
        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) Effect on interstate commerce.--Any contract or 
        agreement described in subparagraph (A) or (B) of paragraph 
        (1), and any law, ordinance, regulation, solid waste management 
        plan, or legally binding provision described in subparagraph 
        (C) of paragraph (1), shall be considered to be a reasonable 
        regulation of commerce by a 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 to be an undue 
        burden on or otherwise as 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 be made in compliance 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) Federal or state environmental laws.--Nothing in this 
        section is intended to supersede, amend, or otherwise modify 
        Federal or State environmental laws (including regulations) 
        that apply to the disposal or management of solid waste or 
        recyclable materials at waste management facilities or 
        facilities for recyclable materials.
            ``(2) State law.--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) Prohibition.--No political subdivision may exercise flow 
control authority to direct the movement of municipal solid waste to 
any waste management facility for which a Federal permit was denied 
twice before the enactment of this section.
    ``(i) Definitions.--For purposes of this section only, the 
following definitions apply:
            ``(1) Committed to the designation of one or more waste 
        management facilities.--The term `committed to the designation 
        of one or more waste management facilities' means that a State 
        or qualified political subdivision 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) Obtained all required permits for the 
                construction of such waste management facility prior to 
                May 15, 1994.
                    ``(B) Executed contracts for the construction of 
                such waste management facility prior to May 15, 1994.
                    ``(C) Presented revenue bonds for sale to 
                specifically provide revenue for the construction of 
                such waste management facility prior to May 15, 1994.
                    ``(D) Submitted to the appropriate regulatory 
                agency or agencies, on or before May 15, 1994, 
                administratively complete permit applications for the 
                construction and operation of a waste management 
                facility.
                    ``(E) Formed a public authority or a joint 
                agreement among qualified political subdivisions, 
                pursuant to a law authorizing such formation for the 
                purposes of designating facilities.
                    ``(F) Executed a contract or agreement that 
                obligates or otherwise requires a State or qualified 
                political subdivision to deliver a minimum quantity of 
                solid waste to a waste management facility and that 
                obligates or otherwise requires the State or qualified 
                political subdivision to pay for that minimum quantity 
                of solid waste even if the stated minimum quantity of 
                solid waste is not delivered within a required 
                timeframe, otherwise commonly known as a `put or pay 
                agreement'.
                    ``(G) Adopted, pursuant to a State statute that 
                specifically described the method for designating by 
                solid waste management districts, a resolution of 
                preliminary designation that specifies criteria and 
                procedures for soliciting proposals to designate 
                facilities after having completed a public notice and 
                comment period.
                    ``(H) Adopted, pursuant to a State statute that 
                specifically described the method for designating by 
                solid waste management districts, a resolution of 
                intent to establish designation with a list of 
                facilities for which designation is intended.
            ``(2) Designation; designate.--The terms `designate', 
        `designated', `designation' or `designating' mean a requirement 
        of a State or qualified political subdivision, and the act of a 
        State or qualified political subdivision, to require that all 
        or any portion of the municipal solid waste that is generated 
        within the boundaries of the State or qualified political 
        subdivision be delivered to a waste management facility 
        identified by a State or qualified political subdivision, and 
        specifically includes put or pay agreements of the type 
        described in paragraph (1)(F).
            ``(3) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of solid 
        waste or recyclable materials and direct such waste or 
        recyclable materials to one or more designated waste management 
        facilities or facilities for recyclable materials.
            ``(4) 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. `Industrial solid waste' does not 
        include municipal solid waste specified in paragraph 
        (5)(A)(iii).
            ``(5) Municipal solid waste.--
                    ``(A) In general.--Subject to the limitations of 
                subsection (b)(3), the term `municipal solid waste' 
                means--
                            ``(i) any solid waste discarded by a 
                        household, including a single or multifamily 
                        residence;
                            ``(ii) any solid waste that is discarded by 
                        a commercial, institutional, or industrial 
                        source;
                            ``(iii) residue remaining after recyclable 
                        materials have been separated or diverted from 
                        municipal solid waste described in clause (i) 
                        or (ii);
                            ``(iv) any waste material or waste 
                        substance removed from a septic tank, septage 
                        pit, or cesspool, other than from portable 
                        toilets; and
                            ``(v) conditionally exempt small quantity 
                        generator waste under section 3001(d), if 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)(v)), 
                        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.
                            ``(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 unless such 
                        material or product is discarded or abandoned 
                        for collection, disposal or combustion.
                            ``(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 unless such material or product is 
                        discarded or abandoned for collection, disposal 
                        or combustion.
                            ``(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.
            ``(6) 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 
        area served by the governmental entity or political 
        subdivision.
            ``(7) 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.
            ``(8) 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.
            ``(9) Waste management facility.--The term `waste 
        management facility' means any facility or facilities in which 
        municipal solid waste, incinerator ash from a solid waste 
        incineration unit, or construction debris or demolition debris 
        is separated, stored, transferred, treated, processed, 
        combusted, deposited or disposed.
            ``(10) Existing waste management facility.--The term 
        `existing waste management facility' means a facility under 
        construction or in operation as of May 15, 1994.
            ``(11) Proposed waste management facility.--The term 
        `proposed waste management facility' means a facility that has 
        been specifically identified and designated, but that was not 
        under construction, as of May 15, 1994.
            ``(12) Future waste management facility.--The term `future 
        waste management facility' means any other waste management 
        facility.''.

SEC. 203. 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 4011 the following new item:

``Sec. 4011. Congressional authorization of State control over 
                            transportation, management and disposal of 
                            municipal solid waste.''.
                                 <all>