[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 485 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 485

   To amend the Solid Waste Disposal Act to provide and clarify the 
 authority for certain municipal solid waste flow control arrangements.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1995

Mrs. Hutchison 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 and clarify the 
 authority for certain municipal solid waste flow control arrangements.

    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 ``Municipal Waste Flow Control 
Transition Act of 1995''.

SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    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 transportation or 
        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 by one or more of the following factors:
                    ``(A) All required permits for the construction of 
                such facility were trained prior to May 15, 1994.
                    ``(B) Contracts for the construction of such 
                facility were ratified and executed in effect prior to 
                May 15, 1994.
                    ``(C) Revenue bonds were presented for sale to 
                specifically provide revenue for the construction of 
                such facility prior to May 15, 1994.
                    ``(D) The State or political subdivision submitted 
                to the appropriate regulatory agency or agencies, on or 
                before May 16, 1994, administratively complete permit 
                applications for the construction and operation of the 
                waste management facility.
    ``(c) Retained Authority.--Upon 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 
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 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 on 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 
composting. The Administrator 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 `municipal 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, 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, composting 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. 3. 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.''
                                 <all>