[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 534

_______________________________________________________________________

                                 AN ACT


 
 To amend the Solid Waste Disposal Act to provide authority for States 
 to limit the interstate 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 ``Interstate Transportation of 
Municipal Solid Waste Act of 1995''.
                       TITLE I--INTERSTATE WASTE

SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

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

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

    ``(a) Authority To Restrict Out-of-State Municipal Solid Waste.--
(1) Except as provided in paragraph (4), immediately upon the date of 
enactment of this section if requested in writing by an affected local 
government, a Governor may prohibit the disposal of out-of-State 
municipal solid waste in any landfill or incinerator that is not 
covered by the exceptions provided in subsection (b) and that is 
subject to the jurisdiction of the Governor and the affected local 
government.
    ``(2) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(C) and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), 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 (b) that is subject to the jurisdiction of the 
Governor, to an annual amount equal to or greater than the quantity of 
out-of-State municipal solid waste received for disposal at such 
landfill or incinerator during calendar year 1993.
    ``(3)(A) Except as provided in paragraph (4), any State that 
imported more than 750,000 tons of out-of-State municipal solid waste 
in 1993 may establish a limit under this paragraph on the amount of 
out-of-State municipal solid waste received for disposal at landfills 
and incinerators in the importing State as follows:
            ``(i) In calendar year 1996, 95 percent of the amount 
        exported to the State in calendar year 1993.
            ``(ii) In calendar years 1997 through 2002, 95 percent of 
        the amount exported to the State in the previous year.
            ``(iii) In calendar year 2003, and each succeeding year, 
        the limit shall be 65 percent of the amount exported in 1993.
            ``(iv) No exporting State shall be required under this 
        subparagraph to reduce its exports to any importing State below 
        the proportionate amount established herein.
    ``(B)(i) No State may export to landfills or incinerators in any 1 
State that are not covered by host community agreements or permits 
authorizing receipt of out-of-State municipal solid waste more than the 
following amounts of municipal solid waste:
            ``(I) In calendar year 1996, the greater of 1,400,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1993.
            ``(II) In calendar year 1997, the greater of 1,300,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1996.
            ``(III) In calendar year 1998, the greater of 1,200,000 
        tons or 90 percent of the amount exported to the State in 
        calendar year 1997.
            ``(IV) In calendar year 1999, the greater of 1,100,000 tons 
        or 90 percent of the amount exported to the State in calendar 
        year 1998.
            ``(V) In calendar year 2000, 1,000,000 tons.
            ``(VI) In calendar year 2001, 750,000 tons.
            ``(VII) In calendar year 2002 or any calendar year 
        thereafter, 550,000 tons.
    ``(ii) The Governor of an importing State may take action to 
restrict levels of imports to reflect the appropriate level of out-of-
State municipal solid waste imports if--
            ``(I) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator, 12 
        months prior to taking any such action, 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 90 
        days prior to taking any such action; and
            ``(III) the restrictions imposed by the Governor of the 
        importing State are uniform at all facilities and the Governor 
        of the importing State may only apply subparagraph (A) or (B) 
        but not both.
    ``(C) The authority provided by subparagraphs (A) and (B) shall 
apply for as long as a State exceeds the permissible levels as 
determined by the Administrator under paragraph (6)(C).
    ``(4)(A) A Governor may not exercise the authority granted under 
this section if such action would result in the violation of, or would 
otherwise be inconsistent with, the terms of a host community agreement 
or a permit issued from the State to receive out-of-State municipal 
solid waste.
    ``(B) Except as provided in paragraph (3), a Governor may not 
exercise the authority granted under this section in a manner that 
would require any owner or operator of a landfill or incinerator 
covered by the exceptions provided in subsection (b) 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.
    ``(5) Any limitation imposed by a Governor under paragraph (2) or 
(3)--
            ``(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 and all such limitations shall be 
        applied to all States in violation of paragraph (3).
    ``(6) Annual state report.--
            ``(A) In general.--Within 90 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, 
        and the amount of waste that was received pursuant to host 
        community agreements or permits authorizing receipt of out-of-
        State municipal solid waste. Within 120 days after enactment of 
        this section and on May 1 of each year thereafter each 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.
            ``(B) Contents.--Each submission referred to in this 
        section shall be such as would result in criminal penalties in 
        case of false or misleading information. Such information shall 
        include the amount of waste received, the State of origin, the 
        identity of the generator, the date of the shipment, and the 
        type of out-of-State municipal solid waste. States making 
        submissions referred to in this section to the Administrator 
        shall notice these submissions for public review and comment at 
        the State level before submitting them to the Administrator.
            ``(C) List.--The Administrator shall publish a list of 
        importing States and the out-of-State municipal solid waste 
        received from each State at landfills or incinerators not 
        covered by host community agreements or permits authorizing 
        receipt of out-of-State municipal solid waste. The list for any 
        calendar year shall be published by June 1 of the following 
        calendar year.
For purposes of developing the list required in this section, the 
Administrator shall be responsible for collating and publishing only 
that information provided to the Administrator by States pursuant to 
this section. The Administrator shall not be required to gather 
additional data over and above that provided by the States pursuant to 
this section, nor to verify data provided by the States pursuant to 
this section, nor to arbitrate or otherwise entertain or resolve 
disputes between States or other parties concerning interstate 
movements of municipal solid waste. Any actions by the Administrator 
under this section shall be final and not subject to judicial review.
            ``(D) Savings provision.--Nothing in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(7) Any affected local government that intends to submit a 
request under paragraph (1) or take formal action to enter into a host 
community agreement after the date of enactment of this subsection 
shall, prior to taking such action--
            ``(A) notify the Governor, contiguous local governments, 
        and any contiguous Indian tribes;
            ``(B) publish notice of the action in a newspaper of 
        general circulation at least 30 days before taking such action;
            ``(C) provide an opportunity for public comment; and
            ``(D) following notice and comment, take formal action on 
        any proposed request or action at a public meeting.
    ``(8) Any owner or operator seeking a host community agreement 
after the date of enactment of this subsection shall provide to the 
affected local government the following information, which shall be 
made available to the public from the affected local government:
            ``(A) A brief description of the planned facility, 
        including a description of the facility size, ultimate waste 
        capacity, and anticipated monthly and yearly waste quantities 
        to be handled.
            ``(B) A map of the facility site that indicates the 
        location of the facility in relation to the local road system 
        and topographical and hydrological features and any buffer 
        zones and facility units to be acquired by the owner or 
        operator of the facility.
            ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.
            ``(D) A description of environmental controls to be 
        utilized at the facility.
            ``(E) A description of the 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) 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 and 
        operator, the disposition of enforcement proceedings taken with 
        respect to the violations, and corrective measures taken as a 
        result of the proceedings.
            ``(H) 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.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not 
apply to landfills and incinerators in operation on the date of 
enactment of this section that--
            ``(A) received during calendar year 1993 documented 
        shipments of out-of-State municipal solid waste; and
            ``(B)(i) in the case of landfills, are in compliance with 
        all applicable Federal and State laws and regulations relating 
        to operation, design and location standards, leachate 
        collection, ground water monitoring, and financial assurance 
        for closure and post-closure and corrective action; or
            ``(ii) in the case of incinerators, are in compliance with 
        the applicable requirements of section 129 of the Clean Air Act 
        (42 U.S.C. 7429) and applicable State laws and regulations 
        relating to facility design and operations.
    ``(2) A Governor may not prohibit the disposal of out-of-State 
municipal solid waste pursuant to subsection (a)(1) at facilities 
described in this subsection that are not in compliance with applicable 
Federal and State laws and regulations unless disposal of municipal 
solid waste generated within the State at such facilities is also 
prohibited.
    ``(c) Additional Authority To Limit Out-of-State Municipal Solid 
Waste.--(1) In any case in which an affected local government is 
considering entering into, or has entered into, a host community 
agreement and the disposal or incineration of out-of-State municipal 
solid waste under such agreement would preclude the use of municipal 
solid waste management capacity described in paragraph (2), the 
Governor of the State in which the affected local government is located 
may prohibit the execution of such host community agreement with 
respect to that capacity.
    ``(2) The municipal solid waste management capacity referred to in 
paragraph (1) is that capacity--
            ``(A) that is permitted under Federal or State law;
            ``(B) that is identified under the State plan; and
            ``(C) for which a legally binding commitment between the 
        owner or operator and another party has been made for its use 
        for disposal or incineration of municipal solid waste generated 
        within the region (identified under section 4006(a)) in which 
        the local government is located.
    ``(d) Cost Recovery Surcharge.--
            ``(1) Authority.--A State described in paragraph (2) may 
        adopt a law and impose and collect a cost recovery charge on 
        the processing or disposal of out-of-State municipal solid 
        waste in the State in accordance with this subsection.
            ``(2) Applicability.--The authority to impose a cost 
        recovery surcharge under this subsection applies to any State 
        that on or before April 3, 1994, imposed and collected a 
        special fee on the processing or disposal of out-of-State 
        municipal solid waste pursuant to a State law.
            ``(3) Limitation.--No such State may impose or collect a 
        cost recovery surcharge from a facility on any out-of-State 
        municipal solid waste that is being received at the facility 
        under 1 or more contracts entered into after April 3, 1994, and 
        before the date of enactment of this section.
            ``(4) Amount of surcharge.--The amount of the cost recovery 
        surcharge may be no greater than the amount necessary to 
        recover those costs determined in conformance with paragraph 
        (6) and in no event may exceed $1.00 per ton of waste.
            ``(5) Use of surcharge collected.--All cost recovery 
        surcharges collected by a State covered by this subsection 
        shall be used to fund those solid waste management programs 
        administered by the State or its political subdivision that 
        incur costs for which the surcharge is collected.
            ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State covered by this subsection may impose and collect 
        a cost recovery surcharge on the processing or disposal within 
        the State of out-of-State municipal solid waste if--
                    ``(i) the State demonstrates a cost to the State 
                arising from the processing or disposal within the 
                State of a volume of municipal solid waste from a 
                source outside the State;
                    ``(ii) the surcharge is based on those costs to the 
                State demonstrated under clause (i) that, if not paid 
                for through the surcharge, would otherwise have to be 
                paid or subsidized by the State; and
                    ``(iii) the surcharge is compensatory and is not 
                discriminatory.
            ``(B) In no event shall a cost recovery surcharge be 
        imposed by a State to the extent that the cost for which 
        recovery is sought is otherwise paid, recovered, or offset by 
        any other fee or tax paid to the State or its political 
        subdivision or to the extent that the amount of the surcharge 
        is offset by voluntarily agreed payments to a State or its 
        political subdivision in connection with the generation, 
        transportation, treatment, processing, or disposal of solid 
        waste.
            ``(C) The grant of a subsidy by a State with respect to 
        entities disposing of waste generated within the State does not 
        constitute discrimination for purposes of subparagraph 
        (A)(iii).
            ``(7) Definitions.--As used in this subsection:
                    ``(A) The term `costs' means the costs incurred by 
                the State for the implementation of its laws governing 
                the processing or disposal of municipal solid waste, 
                limited to the issuance of new permits and renewal of 
                or modification of permits, inspection and compliance 
                monitoring, enforcement, and costs associated with 
                technical assistance, data management, and collection 
                of fees.
                    ``(B) The term `processing' means any activity to 
                reduce the volume of solid waste or alter its chemical, 
                biological or physical state, through processes such as 
                thermal treatment, bailing, composting, crushing, 
                shredding, separation, or compaction.
    ``(e) Savings Clause.--Nothing in this section shall be interpreted 
or construed--
            ``(1) to have any effect on State law relating to 
        contracts; or
            ``(2) to affect the authority of any State or local 
        government to protect public health and the environment through 
        laws, regulations, and permits, including the authority to 
        limit the total amount of municipal solid waste that landfill 
        or incinerator owners or operators within the jurisdiction of a 
        State may accept during a prescribed period: Provided That such 
        limitations do not discriminate between in-State and out-of-
        State municipal solid waste, except to the extent authorized by 
        this section.
    ``(f) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', used with 
        respect to a landfill or incinerator, means--
                    ``(i) the public body created by State law with 
                responsibility to plan for municipal solid waste 
                management, a majority of the members of which are 
                elected officials, for the area in which the facility 
                is located or proposed to be located; or
                    ``(ii) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which the 
                facility is located or is proposed to be located.
            ``(B)(i) Within 90 days after the date of enactment of this 
        section, a Governor may designate and publish notice of which 
        entity listed in clause (i) or (ii) of subparagraph (A) shall 
        serve as the affected local government for actions taken under 
        this section and after publication of such notice.
            ``(ii) If a Governor fails to make and publish notice of 
        such a designation, the affected local government shall be the 
        elected officials of the city, town, township, borough, county, 
        parish, or other public body created pursuant to State law with 
        primary jurisdiction over the land or the use of land on which 
        the facility is located or is proposed to be located.
            ``(C) For purposes of host community agreements entered 
        into before the date of publication of the notice, the term 
        means either a public body described in subparagraph (A)(i) or 
        the elected officials of any of the public bodies described in 
        subparagraph (A)(ii).
            ``(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, but does not include any agreement to pay host community 
        fees for receipt of waste unless additional express 
        authorization to receive out-of-State waste is also included.
            ``(3) The term `out-of-State municipal solid waste' means, 
        with respect to any State, municipal solid waste generated 
        outside of the State. Unless the President determines it is 
        inconsistent with the North American Free Trade Agreement and 
        the General Agreement on Tariffs and Trade, the term shall 
        include municipal solid waste generated outside of the United 
        States. Notwithstanding any other provision of law, generators 
        of municipal solid waste outside the United States shall 
        possess no greater right of access to disposal facilities in a 
        State than United States generators of municipal solid waste 
        outside of that State.
            ``(4) The term `municipal solid waste' means refuse (and 
        refuse-derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial source 
        (or any combination thereof), consisting of paper, wood, yard 
        wastes, plastics, leather, rubber, or other combustible or 
        noncombustible materials such as metal or glass (or any 
        combination thereof). The term `municipal solid waste' does not 
        include--
                    ``(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) any metal, pipe, glass, plastic, paper, 
                textile, or other material that has been separated or 
                diverted from municipal solid waste (as otherwise 
                defined in this paragraph) and has been transported 
                into a State for the purpose of recycling or 
                reclamation;
                    ``(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 in which the 
                        generator of the waste has an ownership 
                        interest;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal solid waste (as otherwise defined in this 
                paragraph) with respect to the physical and chemical 
                state of the industrial waste, and composition, 
                including construction and demolition debris;
                    ``(G) any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph); or
                    ``(H) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `compliance' means a pattern or practice of 
        adhering to and satisfying standards and requirements 
        promulgated by the Federal or a State government for the 
        purpose of preventing significant harm to human health and the 
        environment. Actions undertaken in accordance with compliance 
        schedules for remediation established by Federal or State 
        enforcement authorities shall be considered compliance for 
        purposes of this section.
            ``(6) The terms `specifically authorized' and `specifically 
        authorizes' refer to 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 as `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 outside the State.
    ``(g) 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.''.
    (b) 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 at the end of the items relating to subtitle D the following 
new item:

``Sec. 4011. Interstate transportation of municipal solid waste.''.
SEC. 102. NEEDS DETERMINATION.

    The Governor of a State may accept, deny or modify an application 
for a municipal solid waste management facility permit if--
            (1) it is done in a manner that is not inconsistent with 
        the provisions of this section;
            (2) a State law enacted in 1990 and a regulation adopted by 
        the governor in 1991 specifically requires the permit applicant 
        to demonstrate that there is a local or regional need within 
        the State for the facility; and
            (3) the permit applicant fails to demonstrate that there is 
        a local or regional need within the State for the facility.

                         TITLE II--FLOW CONTROL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Municipal Solid Waste Flow Control 
Act of 1995''.

SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF MUNICIPAL 
              SOLID WASTE AND RECYCLABLE MATERIAL.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et 
seq.), as amended by section 101, is amended by adding after section 
4011 the following new section:

``SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF 
              MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.

    ``(a) Definitions.--In this section:
            ``(1) Designate; designation.--The terms `designate' and 
        `designation' refer to an authorization by a State, political 
        subdivision, or public service authority, and the act of a 
        State, political subdivision, or public service authority in 
        requiring or contractually committing, that all or any portion 
        of the municipal solid waste or recyclable material that is 
        generated within the boundaries of the State, political 
        subdivision, or public service authority be delivered to waste 
        management facilities or facilities for recyclable material or 
        a public service authority identified by the State, political 
        subdivision, or public service authority.
            ``(2) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of 
        municipal solid waste or voluntarily relinquished recyclable 
        material and direct such solid waste or voluntarily 
        relinquished recyclable material to a designated waste 
        management facility or facility for recyclable material.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means--
                    ``(A) solid waste generated by the general public 
                or from a residential, commercial, institutional, or 
                industrial source, consisting of paper, wood, yard 
                waste, plastics, leather, rubber, and other combustible 
                material and noncombustible material such as metal and 
                glass, including residue remaining after recyclable 
                material has 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); but
                    ``(B) does not include--
                            ``(i) waste identified or listed as a 
                        hazardous waste under section 3001 of this Act 
                        or waste regulated under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.);
                            ``(ii) 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, 9606) or any corrective action 
                        taken under this Act;
                            ``(iii) medical waste listed in section 
                        11002;
                            ``(iv) industrial waste generated by 
                        manufacturing or industrial processes, 
                        including waste generated during scrap 
                        processing and scrap recycling;
                            ``(v) recyclable material; or
                            ``(vi) sludge.
            ``(4) Public service authority.--The term `public service 
        authority' means--
                    ``(A) an authority or authorities created pursuant 
                to State legislation to provide individually or in 
                combination solid waste management services to 
                political subdivisions;
                    ``(B) other body created pursuant to State law; or
                    ``(C) an authority that was issued a certificate of 
                incorporation by a State corporation commission 
                established by a State constitution.
            ``(5) Put or pay agreement.--(A) The term `put or pay 
        agreement' means an agreement that obligates or otherwise 
        requires a State or political subdivision to--
                    ``(i) deliver a minimum quantity of municipal solid 
                waste to a waste management facility; and
                    ``(ii) pay for that minimum quantity of municipal 
                solid waste even if the stated minimum quantity of 
                municipal solid waste is not delivered within a 
                required period of time.
            ``(B) For purposes of the authority conferred by 
        subsections (b) and (c), the term `legally binding provision of 
        the State or political subdivision' includes a put or pay 
        agreement that designates waste to a waste management facility 
        that was in operation on or before December 31, 1988 and that 
        requires an aggregate tonnage to be delivered to the facility 
        during each operating year by the political subdivisions which 
        have entered put or pay agreements designating that waste 
        management facility.
            ``(C) The entering into of a put or pay agreement shall be 
        considered to be a designation (as defined in subsection 
        (a)(1)) for all purposes of this title.
            ``(6) Recyclable material.--The term `recyclable material' 
        means material that has been separated from waste otherwise 
        destined for disposal (at the source of the waste or at a 
        processing facility) or has been managed separately from waste 
        destined for disposal, for the purpose of recycling, 
        reclamation, composting of organic material such as food and 
        yard waste, or reuse (other than for the purpose of 
        incineration).
            ``(7) Waste management facility.--The term `waste 
        management facility' means a facility that collects, separates, 
        stores, transports, transfers, treats, processes, combusts, or 
        disposes of municipal solid waste.
    ``(b) Authority.--
            ``(1) In general.--Each State, political subdivision of a 
        State, and public service authority may exercise flow control 
        authority for municipal solid waste and for recyclable material 
        voluntarily relinquished by the owner or generator of the 
        material that is generated within its jurisdiction by directing 
        the municipal solid waste or recyclable material to a waste 
        management facility or facility for recyclable material, if 
        such flow control authority--
                    ``(A)(i) had been exercised prior to May 15, 1994, 
                and was being implemented on May 15, 1994, pursuant to 
                a law, ordinance, regulation, or other legally binding 
                provision of the State or political subdivision; or
                    ``(ii) had been exercised prior to May 15, 1994, 
                but implementation of such law, ordinance, regulation, 
                or other legally binding provision of the State or 
                political subdivision was prevented by an injunction, 
                temporary restraining order, or other court action, or 
                was suspended by the voluntary decision of the State or 
                political subdivision because of the existence of such 
                court action;
                    ``(B) has been implemented by designating before 
                May 15, 1994, the particular waste management 
                facilities or public service authority to which the 
                municipal solid waste or recyclable material is to be 
                delivered, which facilities were in operation as of May 
                15, 1994, or were in operation prior to May 15, 1994 
                and were temporarily inoperative on May 15, 1994.
            ``(2) Limitation.--The authority of this section extends 
        only to the specific classes or categories of municipal solid 
        waste to which flow control authority requiring a movement to a 
        waste management facility was actually applied on or before May 
        15, 1994 (or, in the case of a State, political subdivision, or 
        public service authority that qualifies under subsection (c), 
        to the specific classes or categories of municipal solid waste 
        for which the State, political subdivision, or public service 
        authority prior to May 15, 1994, had committed to the 
        designation of a waste management facility).
            ``(3) Lack of clear identification.--With regard to 
        facilities granted flow control authority under subsection (c), 
        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.
            ``(4) Duration of authority.--With respect to each 
        designated waste management facility, the authority of this 
        section shall be effective until the later of--
                    ``(A) the end of the remaining life of a contract 
                between the State, political subdivision, or public 
                service authority and any other person regarding the 
                movement or delivery of municipal solid waste or 
                voluntarily relinquished recyclable material to a 
                designated facility (as in effect May 15, 1994);
                    ``(B) completion of the schedule for payment of the 
                capital costs of the facility concerned (as in effect 
                May 15, 1994); or
                    ``(C) the end of the remaining useful life of the 
                facility (as in existence on the date of enactment of 
                this section), as that remaining life may be extended 
                by--
                            ``(i) retrofitting of equipment or the 
                        making of other significant modifications to 
                        meet applicable environmental requirements or 
                        safety requirements;
                            ``(ii) routine repair or scheduled 
                        replacement of equipment or components that 
                        does not add to the capacity of a waste 
                        management facility; or
                            ``(iii) expansion of the facility on land 
                        that is--
                                    ``(I) legally or equitably owned, 
                                or under option to purchase or lease, 
                                by the owner or operator of the 
                                facility; and
                                    ``(II) covered by the permit for 
                                the facility (as in effect May 15, 
                                1994).
            ``(5) Additional authority.--
                    ``(A) Application of paragraph.--This paragraph 
                applies to a State or political subdivision of a State 
                that, on or before January 1, 1984--
                            ``(i) adopted regulations under State law 
                        that required the transportation to, and 
                        management or disposal at, waste management 
                        facilities in the State, of--
                                    ``(I) all solid waste from 
                                residential, commercial, institutional, 
                                or industrial sources (as defined under 
                                State law); and
                                    ``(II) recyclable material 
                                voluntarily relinquished by the owner 
                                or generator of the recyclable 
                                material; and
                            ``(ii) as of January 1, 1984, had 
                        implemented those regulations in the case of 
                        every political subdivision of the State.
                    ``(B) Authority.--Notwithstanding anything to the 
                contrary in this section (including subsection (m)), a 
                State or political subdivision of a State described in 
                subparagraph (A) may continue to exercise flow control 
                authority (including designation of waste management 
                facilities in the State that meet the requirements of 
                subsection (c)) for all classes and categories of solid 
                waste that were subject to flow control on January 1, 
                1984.
            ``(6) Flow control ordinance.--Notwithstanding anything to 
        the contrary in this section, but subject to subsection (m), 
        any political subdivision which adopted a flow control 
        ordinance in November 1991, and designated facilities to 
        receive municipal solid waste prior to April 1, 1992, may 
        exercise flow control authority until the end of the remaining 
        life of all contracts between the political subdivision and any 
        other persons regarding the movement or delivery of municipal 
        solid waste or voluntarily relinquished recyclable material to 
        a designated facility (as in effect May 15, 1994). Such 
        authority shall extend only to the specific classes or 
        categories of municipal solid waste to which flow control 
        authority was actually applied on or before May 15, 1994. The 
        authority under this subsection shall be exercised in 
        accordance with section 4012(b)(4).
    ``(c) Commitment to Construction.--
            ``(1) In general.--Notwithstanding subsection (b)(1) (A) 
        and (B), any political subdivision of a State may exercise flow 
        control authority under subsection (b), if--
                    ``(A)(i) the law, ordinance, regulation, or other 
                legally binding provision specifically provides for 
                flow control authority for municipal solid waste 
                generated within its boundaries; and
                    ``(ii) such authority was exercised prior to May 
                15, 1995, and was being implemented on May 15, 1994.
                    ``(B) prior to May 15, 1994, the political 
                subdivision committed to the designation of the 
                particular waste management facilities or public 
                service authority to which municipal solid waste is to 
                be transported or at which municipal solid waste is to 
                be disposed of under that law, ordinance, regulation, 
                plan, or legally binding provision.
            ``(2) Factors demonstrating commitment.--A commitment to 
        the designation of waste management facilities or public 
        service authority is demonstrated by 1 or more of the following 
        factors:
                    ``(A) Construction permits.--All permits required 
                for the substantial construction of the facility were 
                obtained prior to May 15, 1994.
                    ``(B) Contracts.--All contracts for the substantial 
                construction of the facility were in effect prior to 
                May 15, 1994.
                    ``(C) Revenue bonds.--Prior to May 15, 1994, 
                revenue bonds were presented for sale to specifically 
                provide revenue for the construction of the facility.
                    ``(D) Construction and operating permits.--The 
                State or political subdivision submitted to the 
                appropriate regulatory agency or agencies, on or before 
                May 15, 1994, substantially complete permit 
                applications for the construction and operation of the 
                facility.
    ``(d) Formation of Solid Waste Management District To Purchase and 
Operate Existing Facility.--Notwithstanding subsection (b)(1) (A) and 
(B), a solid waste management district that was formed by a number of 
political subdivisions for the purpose of purchasing and operating a 
facility owned by 1 of the political subdivisions may exercise flow 
control authority under subsection (b) if--
            ``(1) the facility was fully licensed and in operation 
        prior to May 15, 1994;
            ``(2) prior to April 1, 1994, substantial negotiations and 
        preparation of documents for the formation of the district and 
        purchase of the facility were completed;
            ``(3) prior to May 15, 1994, at least 80 percent of the 
        political subdivisions that were to participate in the solid 
        waste management district had adopted ordinances committing the 
        political subdivisions to participation and the remaining 
        political subdivisions adopted such ordinances within 2 months 
        after that date; and
            ``(3) the financing was completed, the acquisition was 
        made, and the facility was placed under operation by the solid 
        waste management district by September 21, 1994.
    ``(e) Constructed and Operated.--A political subdivision of a State 
may exercise flow control authority for municipal solid waste and for 
recyclable material voluntarily relinquished by the owner or generator 
of the material that is generated within its jurisdiction if--
            ``(1) prior to May 15, 1994, the political subdivision--
                    ``(A) contracted with a public service authority or 
                with its operator to deliver or cause to be delivered 
                to the public service authority substantially all of 
                the disposable municipal solid waste that is generated 
                or collected by or is within or under the control of 
                the political subdivision, in order to support revenue 
                bonds issued by and in the name of the public service 
                authority or on its behalf by a State entity for waste 
                management facilities; or
                    ``(B) entered into contracts with a public service 
                authority or its operator to deliver or cause to be 
                delivered to the public service authority substantially 
                all of the disposable municipal solid waste that is 
                generated or collected by or within the control of the 
                political subdivision, which imposed flow control 
                pursuant to a law, ordinance, regulation, or other 
                legally binding provision and where outstanding revenue 
                bonds were issued in the name of public service 
                authorities for waste management facilities; and
            ``(2) prior to May 15, 1994, the public service authority--
                    ``(A) issued the revenue bonds or had issued on its 
                behalf by a State entity for the construction of 
                municipal solid waste facilities to which the political 
                subdivision's municipal solid waste is transferred or 
                disposed; and
                    ``(B) commenced operation of the facilities.
The authority under this subsection shall be exercised in accordance 
with section 4012(b)(4).
    ``(f) State-Mandated Disposal Services.--A political subdivision of 
a State may exercise flow control authority for municipal solid waste 
and for recyclable material voluntarily relinquished by the owner or 
generator of the material that is generated within its jurisdiction if, 
prior to May 15, 1994, the political subdivision--
            ``(1) was responsible under State law for providing for the 
        operation of solid waste facilities to serve the disposal needs 
        of all incorporated and unincorporated areas of the county;
            ``(2) is required to initiate a recyclable materials 
        recycling program in order to meet a municipal solid waste 
        reduction goal of at least 30 percent;
            ``(3) has been authorized by State statute to exercise flow 
        control authority and had implemented the authority through the 
        adoption or execution of a law, ordinance, regulation, 
        contract, or other legally binding provision;
            ``(4) had incurred, or caused a public service authority to 
        incur, significant financial expenditures to comply with State 
        law and to repay outstanding bonds that were issued 
        specifically for the construction of solid waste management 
        facilities to which the political subdivision's waste is to be 
        delivered; and
            ``(5) the authority under this subsection shall be 
        exercised in accordance with section 4012(b)(4).
    ``(g) State Solid Waste District Authority.--A solid waste district 
or a political subdivision of a State may exercise flow control 
authority for municipal solid waste and for recyclable material 
voluntarily relinquished by the owner or generator of the material that 
is generated within its jurisdiction if--
            ``(1) the solid waste district, political subdivision or 
        municipality within said district is currently required to 
        initiate a recyclable materials recycling program in order to 
        meet a municipal solid waste reduction goal of at least 30 
        percent by the year 2005, and uses revenues generated by the 
        exercise of flow control authority strictly to implement 
        programs to manage municipal solid waste, other than 
        development of incineration; and
            ``(2) prior to May 15, 1994, the solid waste district, 
        political subdivision or municipality within said district--
                    ``(A) was responsible under State law for the 
                management and regulation of the storage, collection, 
                processing, and disposal of solid wastes within its 
                jurisdiction;
                    ``(B) was authorized by State statute (enacted 
                prior to January 1, 1992) to exercise flow control 
                authority, and subsequently adopted or sought to 
                exercise the authority through a law, ordinance, 
                regulation, regulatory proceeding, contract, franchise, 
                or other legally binding provision; and
                    ``(C) was required by State statute (enacted prior 
                to January 1, 1992) to develop and implement a solid 
                waste management plan consistent with the State solid 
                waste management plan, and the district solid waste 
                management plan was approved by the appropriate State 
                agency prior to September 15, 1994.
    (h) State-authorized Services and Local Plan Adoption.--A political 
subdivision of a State may exercise flow control authority for 
municipal solid waste and for recyclable material voluntarily 
relinquished by the owner or generator of the material that is 
generated within its jurisdiction if, prior to May 15, 1994, the 
political subdivision--
            (1) had been authorized by State statute which specifically 
        named the political subdivision to exercise flow control 
        authority and had implemented the authority through a law, 
        ordinance, regulation, contract, or other legally binding 
        provision; and
            (2) had adopted a local solid waste management plan 
        pursuant to State statute and was required by State statute to 
        adopt such plan in order to submit a complete permit 
        application to construct a new solid waste management facility 
        proposed in such plan; and
            (3) had presented for sale a revenue or general obligation 
        bond to provide for the site selection, permitting, or 
        acquisition for construction of new facilities identified and 
        proposed in its local solid waste management plan; and
            (4) includes a municipality or municipalities required by 
        State law to adopt a local law or ordinance to require that 
        solid waste which has been left for collection shall be 
        separated into recyclable, reusable or other components for 
        which economic markets exist; and
            (5) is in a State that has aggressively pursued closure of 
        substandard municipal landfills, both by regulatory action and 
        under statute designed to protect deep flow recharge areas in 
        counties where potable water supplies are derived from sole 
        source aquifers.
    ``(i) Retained Authority.--
            ``(1) Request.--On the request of a generator of municipal 
        solid waste affected by this section, a State or political 
        subdivision may authorize the diversion of all or a portion of 
        the solid waste generated by the generator making the request 
        to an alternative solid waste treatment or disposal facility, 
        if the purpose of the request is to provide a higher level of 
        protection for human health and the environment or reduce 
        potential future liability of the generator under Federal or 
        State law for the management of such waste, unless the State or 
        political subdivision determines that the facility to which the 
        municipal solid waste is proposed to be diverted does not 
        provide a higher level of protection for human health and the 
        environment or does not reduce the potential future liability 
        of the generator under Federal or State law for the management 
        of such waste.
            ``(2) Contents.--A request under paragraph (1) 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.
    ``(j) Limitations on Revenue.--A State or political subdivision may 
exercise flow control authority under subsection (b), (c), (d), or (e) 
only if the State or political subdivision certifies that the use of 
any of its revenues derived from the exercise of that authority will be 
used for solid waste management services or related landfill 
reclamation.
    ``(k) Reasonable Regulation of Commerce.--A law, ordinance, 
regulation, or other legally binding provision or official act of a 
State or political subdivision, as described in subsection (b), (c), 
(d), or (e), that implements flow control authority in compliance with 
this section shall be considered to be a reasonable regulation of 
commerce retroactive to its date of enactment or effective date and 
shall not be considered to be an undue burden on or otherwise 
considered as impairing, restraining, or discriminating against 
interstate commerce.
    ``(l) Effect on Existing Laws and Contracts.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        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 material.
            ``(2) State law.--Nothing in this section shall be 
        construed to authorize a political subdivision of a State to 
        exercise the flow control authority granted by this section in 
        a manner that is inconsistent with State law.
            ``(3) Ownership of recyclable material.--Nothing in this 
        section--
                    ``(A) authorizes a State or political subdivision 
                of a State to require a generator or owner of 
                recyclable material to transfer recyclable material to 
                the State or political subdivision; or
                    ``(B) prohibits a generator or owner of recyclable 
                material from selling, purchasing, accepting, 
                conveying, or transporting recyclable material for the 
                purpose of transformation or remanufacture into usable 
                or marketable material, unless the generator or owner 
                voluntarily made the recyclable material available to 
                the State or political subdivision and relinquished any 
                right to, or ownership of, the recyclable material.
    ``(m) Repeal.--(1) Notwithstanding any provision of this title, 
authority to flow control by directing municipal solid waste or 
recyclable materials to a waste management facility shall terminate on 
the date that is 30 years after the date of enactment of this Act.
    ``(2) This section and the item relating to this section in the 
table of contents for subtitle D of the Solid Waste Disposal Act are 
repealed effective as of the date that is 30 years after the date of 
enactment of this Act.
    ``(n) Title Not Applicable To Listed Facilities.--Notwithstanding 
any other provision of this title, the authority to exercise flow 
control shall not apply to any facility that--
            ``(1) on the date of enactment of this Act, is listed on 
        the National Priorities List under the Comprehensive 
        Environmental, Response, Compensation and Liability Act (42 
        U.S.C. 9601 et seq.); or
            ``(2) as of May 15, 1994, was the subject of a pending 
        proposal by the Administrator of the Environmental Protection 
        Agency to be listed on the National Priorities List.''.

SEC. 203. TABLE OF CONTENTS AMENDMENT.

    The table of contents for subtitle D in section 1001 of the Solid 
Waste Disposal Act (42 U.S.C. prec. 6901), as amended by section 
101(b), is amended by adding after the item relating to section 4011 
the following new item:

``Sec. 4012. State and local government control of movement of 
                            municipal solid waste and recyclable 
                            material.''.
                   TITLE III--GROUND WATER MONITORING

SEC. 301. GROUND WATER MONITORING.

    (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the 
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended--
            (1) by striking ``Criteria.--Not later'' and inserting the 
        following: ``Criteria.--
            ``(1) In general.--Not later''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Additional revisions.--Subject to paragraph (2), the 
        requirements of the criteria described in paragraph (1) 
        relating to ground water monitoring shall not apply to an owner 
        or operator of a new municipal solid waste landfill unit, an 
        existing municipal solid waste landfill unit, or a lateral 
        expansion of a municipal solid waste landfill unit, that 
        disposes of less than 20 tons of municipal solid waste daily, 
        based on an annual average, if--
                    ``(A) there is no evidence of ground water 
                contamination from the municipal solid waste landfill 
                unit or expansion; and
                    ``(B) the municipal solid waste landfill unit or 
                expansion serves--
                            ``(i) a community that experiences an 
                        annual interruption of at least 3 consecutive 
                        months of surface transportation that prevents 
                        access to a regional waste management facility; 
                        or
                            ``(ii) a community that has no practicable 
                        waste management alternative and the landfill 
                        unit is located in an area that annually 
                        receives less than or equal to 25 inches of 
                        precipitation.
            ``(3) Protection of ground water resources.--
                    ``(A) Monitoring requirement.--A State may require 
                ground water monitoring of a solid waste landfill unit 
                that would otherwise be exempt under paragraph (2) if 
                necessary to protect ground water resources and ensure 
                compliance with a State ground water protection plan, 
                where applicable.
                    ``(B) Methods.--If a State requires ground water 
                monitoring of a solid waste landfill unit under 
                subparagraph (A), the State may allow the use of a 
                method other than the use of ground water monitoring 
                wells to detect a release of contamination from the 
                unit.
                    ``(C) Corrective action.--If a State finds a 
                release from a solid waste landfill unit, the State 
                shall require corrective action as appropriate.
            ``(4) Alaska native villages.--Upon certification by the 
        Governor of the State of Alaska that application of the 
        requirements of the criteria described in paragraph (1) to a 
        solid waste landfill unit of a Native village (as defined in 
        section 3 of the Alaska Native Claims Settlement Act (16 U.S.C. 
        1602)) or unit that is located in or near a small, remote 
        Alaska village would be infeasible, or would not be cost-
        effective, or is otherwise inappropriate because of the remote 
        location of the unit, the State may exempt the unit from some 
        or all of those requirements. This subsection shall apply only 
        to solid waste landfill units that dispose of less than 20 tons 
        of municipal solid waste daily, based on an annual average.
            ``(5) No-migration exemption.--
                    ``(A) In general.--Ground water monitoring 
                requirements may be suspended by the Director of an 
                approved State for a landfill operator if the operator 
                demonstrates that there is no potential for migration 
                of hazardous constituents from the unit to the 
                uppermost aquifer during the active life of the unit 
                and the post-closure care period.
                    ``(B) Certification.--A demonstration under 
                subparagraph (A) shall--
                            ``(i) be certified by a qualified ground-
                        water scientist and approved by the Director of 
                        an approved State.
                    ``(C) Guidance.--Not later than 6 months after the 
                date of enactment of this paragraph, the Administrator 
                shall issue a guidance document to facilitate small 
                community use of the no migration exemption under this 
                paragraph.
            ``(6) Further revisions of guidelines and criteria.--Not 
        later than April 9, 1997, the Administrator shall promulgate 
        revisions to the guidelines and criteria promulgated under this 
        subchapter to allow States to promulgate alternate design, 
        operating, landfill gas monitoring, financial assurance, and 
        closure requirements for landfills which receive 20 tons or 
        less of municipal solid waste per day based on an annual 
        average: Provided That such alternate requirements are 
        sufficient to protect human health and the environment.''.
    (b) Reinstatement of Regulatory Exemption.--It is the intent of 
section 4010(c)(2) of the Solid Waste Disposal Act, as added by 
subsection (a), to immediately reinstate subpart E of part 258 of title 
40, Code of Federal Regulations, as added by the final rule published 
at 56 Federal Register 50798 on October 9, 1991.

             TITLE IV--STATE OR REGIONAL SOLID WASTE PLANS

SEC. 401. FINDING.

    Section 1002(a) of the Solid Waste Disposal Act (42 U.S.C. 6901(a)) 
is amended--
            (1) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(5) that the Nation's improved standard of living has 
        resulted in an increase in the amount of solid waste generated 
        per capita, and the Nation has not given adequate consideration 
        to solid waste reduction strategies.''.

SEC. 402. OBJECTIVE OF SOLID WASTE DISPOSAL ACT.

    Section 1003(a) of the Solid Waste Disposal Act (42 U.S.C. 6902(a)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) promoting local and regional planning for--
                    ``(A) effective solid waste collection and 
                disposal; and
                    ``(B) reducing the amount of solid waste generated 
                per capita through the use of solid waste reduction 
                strategies.''.

SEC. 403. NATIONAL POLICY.

    Section 1003(b) of the Solid Waste Disposal Act (42 U.S.C. 6902(b)) 
is amended by inserting ``solid waste and'' after ``generation of''.

SEC. 404. OBJECTIVE OF SUBTITLE D OF SOLID WASTE DISPOSAL ACT.

    Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941) is 
amended by inserting ``promote local and regional planning for 
effective solid waste collection and disposal and for reducing the 
amount of solid waste generated per capita through the use of solid 
waste reduction strategies, and'' after ``objectives of this subtitle 
are to''.

SEC. 405. DISCRETIONARY STATE PLAN PROVISIONS.

    Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 6943) is 
amended by adding at the end the following:
    ``(e) Discretionary Plan Provisions Relating to Solid Waste 
Reduction Goals, Local and Regional Plans, and Issuance of Solid Waste 
Management Permits.--Except as provided in section 4011(a)(4), a State 
plan submitted under this subtitle may include, at the option of the 
State, provisions for--
            ``(1) establishment of a State per capita solid waste 
        reduction goal, consistent with the goals and objectives of 
        this subtitle; and
            ``(2) establishment of a program that ensures that local 
        and regional plans are consistent with State plans and are 
        developed in accordance with sections 4004, 4005, and 4006.''.

SEC. 406. PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS.

    Section 4006(b) of the Solid Waste Disposal Act (42 U.S.C. 6946(b)) 
is amended by inserting ``and discretionary plan provisions'' after 
``minimum requirements''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. BORDER STUDIES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Maquiladora.--The term ``maquiladora'' means an 
        industry located in Mexico along the border between the United 
        States and Mexico.
            (3) Solid waste.--The term ``solid waste'' has the meaning 
        provided the term under section 1004(27) of the Solid Waste 
        Disposal Act (42 U.S.C. 6903(27)).
    (b) In General.--
            (1) Study of solid waste management issues associated with 
        north american free trade agreement.--As soon as practicable 
        after the date of enactment of this Act, the Administrator is 
        authorized to conduct a study of solid waste management issues 
        associated with increased border use resulting from the 
        implementation of the North American Free Trade Agreement.
            (2) Study of solid waste management issues associated with 
        united states-canada free-trade agreement.--As soon as 
        practicable after the date of enactment of this Act, the 
        Administrator may conduct a similar study focused on border 
        traffic of solid waste resulting from the implementation of the 
        United States-Canada Free-Trade Agreement, with respect to the 
        border region between the United States and Canada.
    (c) Contents of Study.--A study conducted under this section shall 
provide for the following:
            (1) A study of planning for solid waste treatment, storage, 
        and disposal capacity (including additional landfill capacity) 
        that would be necessary to accommodate the generation of 
        additional household, commercial, and industrial wastes by an 
        increased population along the border involved.
            (2) A study of the relative impact on border communities of 
        a regional siting of solid waste storage and disposal 
        facilities.
            (3) In the case of the study described in subsection 
        (b)(1), research concerning methods of tracking of the 
        transportation of--
                    (A) materials from the United States to 
                maquiladoras; and
                    (B) waste from maquiladoras to a final destination.
            (4) In the case of the study described in subsection 
        (b)(1), a determination of the need for solid waste materials 
        safety training for workers in Mexico and the United States 
        within the 100-mile zone specified in the First Stage 
        Implementation Plan Report for 1992-1994 of the Integrated 
        Environmental Plan for the Mexico-United States Border, issued 
        by the Administrator in February 1992.
            (5) A review of the adequacy of existing emergency response 
        networks in the border region involved, including the adequacy 
        of training, equipment, and personnel.
            (6) An analysis of solid waste management practices in the 
        border region involved, including an examination of methods for 
        promoting source reduction, recycling, and other alternatives 
        to landfills.
    (d) Sources of Information.--In conducting a study under this 
section, the Administrator shall, to the extent allowable by law, 
solicit, collect, and use the following information:
            (1) A demographic profile of border lands based on census 
        data prepared by the Bureau of the Census of the Department of 
        Commerce and, in the case of the study described in subsection 
        (b)(1), census data prepared by the Government of Mexico.
            (2) In the case of the study described in subsection 
        (b)(1), information from the United States Customs Service of 
        the Department of the Treasury concerning solid waste 
        transported across the border between the United States and 
        Mexico, and the method of transportation of the waste.
            (3) In the case of the study described in subsection 
        (b)(1), information concerning the type and volume of materials 
        used in maquiladoras.
            (4)(A) Immigration data prepared by the Immigration and 
        Naturalization Service of the Department of Justice.
            (B) In the case of the study described in subsection 
        (b)(1), immigration data prepared by the Government of Mexico.
            (5) Information relating to the infrastructure of border 
        land, including an accounting of the number of landfills, 
        wastewater treatment systems, and solid waste treatment, 
        storage, and disposal facilities.
            (6) A listing of each site in the border region involved 
        where solid waste is treated, stored, or disposed of.
            (7) In the case of the study described in subsection 
        (b)(1), a profile of the industries in the region of the border 
        between the United States and Mexico.
    (e) Consultation and Cooperation.--In carrying out this section, 
the Administrator shall consult with the following entities in 
reviewing study activities:
            (1) With respect to reviewing the study described in 
        subsection (b)(1), States and political subdivisions of States 
        (including municipalities and counties) in the region of the 
        border between the United States and Mexico.
            (2) The heads of other Federal agencies (including the 
        Secretary of the Interior, the Secretary of Housing, the 
        Secretary of Health and Human Services, the Secretary of 
        Transportation, and the Secretary of Commerce) and with respect 
        to reviewing the study described in subsection (b)(1), 
        equivalent officials of the Government of Mexico.
    (f) Reports to Congress.--On completion of the studies under this 
section, the Administrator shall, not later than 2 years after the date 
of enactment of this Act, submit to the appropriate committees of 
Congress reports that summarize the findings of the studies and propose 
methods by which solid waste border traffic may be tracked, from source 
to destination, on an annual basis.
    (g) Border Study Delay.--The conduct of the study described in 
subsection (b)(2) shall not delay or otherwise affect completion of the 
study described in subsection (b)(1).
    (h) Funding.--If any funding needed to conduct the studies required 
by this section is not otherwise available, the President may transfer 
to the Administrator, for use in conducting the studies, any funds that 
have been appropriated to the President under section 533 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3473) that 
are in excess of the amount needed to carry out that section. States 
that wish to participate in study will be asked to contribute to the 
costs of the study. The terms of the cost share shall be negotiated 
between the Environmental Protection Agency and the State.''.

SEC. 502. STUDY OF INTERSTATE HAZARDOUS WASTE TRANSPORT.

    (a) Definition of Hazardous Waste.--In this section, the term 
``hazardous waste'' has the meaning provided in section 1004 of the 
Solid Waste Disposal Act (42 U.S.C. 6903).
    (b) Study.--Not later than 3 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall conduct a study, and report to Congress on the results of the 
study, to determine--
            (1) the quantity of hazardous waste that is being 
        transported across State lines; and
            (2) the ultimate disposition of the transported waste.

SEC. 503. STUDY OF INTERSTATE SLUDGE TRANSPORT.

    (a) Definitions.--In this section:
            (1) Sewage sludge.--The term ``sewage sludge''--
                    (A) means solid, semisolid, or liquid residue 
                generated during the treatment of domestic sewage in a 
                treatment works; and
                    (B) includes--
                            (i) domestic septage;
                            (ii) scum or a solid removed in a primary, 
                        secondary, or advanced wastewater treatment 
                        process; and
                            (iii) material derived from sewage sludge 
                        (as otherwise defined in this paragraph); but
                    (C) does not include--
                            (i) ash generated during the firing of 
                        sewage sludge (as otherwise defined in this 
                        paragraph) in a sewage sludge incinerator; or
                            (ii) grit or screenings generated during 
                        preliminary treatment of domestic sewage in a 
                        treatment works.
            (2) Sludge.--The term ``sludge'' has the meaning provided 
        in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
        6903).
    (b) Study.--Not later than 3 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall conduct a study, and report to Congress on the results of the 
study, to determine--
            (1) the quantity of sludge (including sewage sludge) that 
        is being transported across State lines; and
            (2) the ultimate disposition of the transported sludge.
            Passed the Senate May 16 (legislative day, May 15), 1995.

            Attest:

                                                             Secretary.
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104th CONGRESS

  1st Session

                                 S. 534

_______________________________________________________________________

                                 AN ACT

 To amend the Solid Waste Disposal Act to provide authority for States 
 to limit the interstate transportation of municipal solid waste, and 
                          for other purposes.