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





                                                        Calendar No. 74

104th CONGRESS

  1st Session

                                 S. 534

                          [Report No. 104-52]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             April 18, 1995

                       Reported with an amendment





                                                        Calendar No. 74
104th CONGRESS
  1st Session
                                 S. 534

                          [Report No. 104-52]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 10 (legislative day, March 6), 1995

 Mr. Smith (for himself and Mr. Chafee) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                             April 18, 1995

    Reported, under authority of the order of the Senate of April 6 
   (legislative day, April 5), 1995, by Mr. Chafee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Interstate Transportation 
of Municipal Solid Waste Act of 1995''.</DELETED>

              <DELETED>TITLE I--INTERSTATE WASTE</DELETED>

<DELETED>SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID 
WASTE.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``interstate transportation of municipal solid waste</DELETED>

<DELETED>    ``Sec. 4011. (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.</DELETED>
<DELETED>    ``(2) Except as provided in paragraph (4), immediately 
upon the date of publication of the list required in paragraph (6)(D) 
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.</DELETED>
<DELETED>    ``(3)(A) Except as provided in paragraph (4), under the 
conditions stated in subparagraph (B), immediately upon the date of 
publication of the list required in paragraph (6)(E), and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
prohibit or limit the amount of out-of-State municipal solid waste 
disposed of at any landfill or incinerator covered by the exceptions in 
subsection (b) that is subject to the jurisdiction of the Governor, 
generated in any State that is determined by the Administrator under 
paragraph (6)(E) as having exported, to landfills or incinerators not 
covered by host community agreements, more than--</DELETED>
        <DELETED>    ``(i) 3.5 million tons of municipal solid waste in 
        calendar year 1996;</DELETED>
        <DELETED>    ``(ii) 3.0 million tons of municipal solid waste 
        in each of calendar years 1997 and 1998;</DELETED>
        <DELETED>    ``(iii) 2.5 million tons of municipal solid waste 
        in each of calendar years 1999 and 2000;</DELETED>
        <DELETED>    ``(iv) 1.5 million tons of municipal solid waste 
        in each of calendar years 2001 and 2002; and</DELETED>
        <DELETED>    ``(v) 1.0 million tons of municipal solid waste in 
        calendar year 2003 and each year thereafter.</DELETED>
<DELETED>    ``(B) The conditions stated in this subparagraph are 
that--</DELETED>
        <DELETED>    ``(i) the Governor of the importing State has 
        notified the Governor of the exporting State and the 
        Administrator 12 months prior to enforcement of the importing 
        State's intention to impose the requirements of this 
        section;</DELETED>
        <DELETED>    ``(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 the enforcement of this 
        section; and</DELETED>
        <DELETED>    ``(iii) the restrictions imposed by the Governor 
        of the importing State are uniform at all facilities.</DELETED>
<DELETED>    ``(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)(E).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(5) Any limitation imposed by a Governor under paragraph 
(2) or (3)--</DELETED>
        <DELETED>    ``(A) shall be applicable throughout the 
        State;</DELETED>
        <DELETED>    ``(B) shall not directly or indirectly 
        discriminate against any particular landfill or incinerator 
        within the State; and</DELETED>
        <DELETED>    ``(C) shall not directly or indirectly 
        discriminate against any shipments of out-of-State municipal 
        solid waste on the basis of State of origin and all such 
        limitations shall be applied to all States in violation of 
        paragraph (3).</DELETED>
<DELETED>    ``(6)(A)(i) Any Governor who intends to exercise the 
authority provided in paragraph (2) or (3) shall, within 120 days after 
the date of enactment of this section, and on the same day of each year 
thereafter, submit to the Administrator information documenting the 
State of origin and the quantity of out-of-State municipal solid waste 
received for disposal at landfills and incinerators covered by the 
exceptions provided in subsection (b) in the State of such Governor 
during calendar year 1993.</DELETED>
<DELETED>    ``(ii) The Administrator is authorized and directed to 
collect such additional information in addition to what is submitted 
under clause (i) as may be necessary to determine if the level of 
exports of municipal solid waste by any State exceeds the level 
established in paragraph (3).</DELETED>
<DELETED>    ``(B) On receipt of the information submitted or collected 
pursuant to subparagraph (A), the Administrator shall notify the 
Governor of each such State and the Governors of States with exports 
that exceed the level of exports of municipal solid waste established 
in paragraph (3) and shall publish notice and shall provide a comment 
period of not less than 30 days.</DELETED>
<DELETED>    ``(C) Not later than 60 days after receipt of information 
from a Governor, and any additional information obtained by the 
Administrator, under subparagraph (A), the Administrator shall 
determine the quantity of out-of-State municipal solid waste that was 
received for disposal in the State during calendar year 1993, the State 
of origin and the total amount of municipal solid waste exports from 
each State that exceeds the level established in paragraph (3), and the 
quantity of out-of-State municipal solid waste received for disposal at 
landfills and incinerators covered by the exceptions provided in 
subsection (b) in the State of such Governor during calendar year 1993. 
The Administrator shall publish a public notice and shall provide 
direct notification to each of the Governors of all States affected by 
this determination, for each such State for which the determination is 
made. A determination by the Administrator under this subparagraph 
shall be final and not subject to judicial review.</DELETED>
<DELETED>    ``(D) Not later than 180 days after the date of enactment 
of this section, the Administrator shall publish a list of the quantity 
of out-of-State municipal solid waste that was received during calendar 
year 1993 at each landfill and incinerator covered by the exceptions 
provided in subsection (b) for disposal in each State in which the 
Governor intends to exercise the authority provided in paragraph (2) or 
(3), as determined in accordance with subparagraph (C).</DELETED>
<DELETED>    ``(E) Not later than March 1, 1997, and on March 1 of each 
year thereafter, the Administrator shall publish a list of States that 
the Administrator has determined have exported out of State an amount 
of municipal solid waste in excess of 3.5 million tons in calendar year 
1996, 3.0 million tons in each of calendar years 1997 and 1998, 2.5 
million tons in each of calendar years 1999 and 2000, 1.5 million tons 
in each of calendar years 2000 and 2001, and 1.0 million tons in 
calendar year 2002 and each year thereafter, as determined in 
accordance with subparagraph (C).</DELETED>
<DELETED>    ``(F) Not later than March 1 of each year after the date 
of enactment of this section, or as required by State law, the owner or 
operator of each landfill or incinerator receiving out-of-State 
municipal solid waste shall submit to the Governor of the State in 
which the landfill or incinerator is located information specifying, by 
State of origin, the amount of out-of-State municipal solid waste 
received for disposal during the preceding year. Each year the Governor 
of a State who intends to exercise the authority provided in paragraph 
(2) or (3) shall publish and make available to 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 
year.</DELETED>
<DELETED>    ``(7) Any affected local government that intends to submit 
a request under paragraph (1) or take formal action on a host community 
agreement shall, prior to taking such action--</DELETED>
        <DELETED>    ``(A) notify the Governor, contiguous local 
        governments, and any contiguous Indian tribes;</DELETED>
        <DELETED>    ``(B) publish notice of the action in a newspaper 
        of general circulation at least 30 days before taking such 
        action;</DELETED>
        <DELETED>    ``(C) provide an opportunity for public comment; 
        and</DELETED>
        <DELETED>    ``(D) following notice and comment, take formal 
        action on any proposed request or action at a public 
meeting.</DELETED>
<DELETED>    ``(8) Any owner or operator seeking a host community 
agreement shall provide to the affected local government the following 
information, which shall be made available to the public from the 
affected local government:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.</DELETED>
        <DELETED>    ``(D) A description of environmental controls to 
        be utilized at the facility.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) received during calendar year 1993 
        documented shipments of out-of-State municipal solid waste; 
        and</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The municipal solid waste management capacity 
referred to in paragraph (1) is that capacity--</DELETED>
        <DELETED>    ``(A) that is permitted under Federal or State 
        law;</DELETED>
        <DELETED>    ``(B) that is identified under the State plan; 
        and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Cost Recovery Surcharge.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 waste pursuant to a State law.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
                </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(ii) the surcharge is based on those 
                costs to the State demonstrated under subparagraph (A) 
                that, if not paid for through the surcharge, would 
                otherwise have to be paid or subsidized by the State; 
                and</DELETED>
                <DELETED>    ``(iii) the surcharge is compensatory and 
                is not discriminatory.</DELETED>
        <DELETED>    ``(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 assessed against or voluntarily paid to 
        the State or its political subdivision in connection with the 
        generation, transportation, treatment, processing, or disposal 
        of solid waste.</DELETED>
        <DELETED>    ``(C) The grant of a subsidy by a State with 
        respect to entities disposing of waste generated within the 
        State that does not constitute discrimination for purposes of 
        subparagraph (A)(iii).</DELETED>
        <DELETED>    ``(7) Definitions.--As used in this 
                subsection:</DELETED>
                <DELETED>    ``(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 modified permits, inspection and compliance 
                monitoring, enforcement, and costs associated with 
                technical assistance, data management and collection 
                fees.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Savings Clause.--Nothing in this section shall be 
interpreted or construed--</DELETED>
        <DELETED>    ``(1) to have any effect on State law relating to 
        contracts; or</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Definitions.--As used in this section:</DELETED>
        <DELETED>    ``(1)(A) The term `affected local government', 
        used with respect to a landfill or incinerator, means--
                </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(ii) If a Governor fails to make 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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2)(A) The term `host community agreement' 
        means, with respect to any agreement entered into on or after 
        March 10, 1995, a written, legally binding document or 
        documents executed by duly authorized officials of the affected 
        local government that expressly authorizes a landfill or 
        incinerator to receive specified amounts of municipal solid 
        waste generated out of State.</DELETED>
        <DELETED>    ``(B) The term `host community agreement' means, 
        with respect to any agreement entered into before March 10, 
        1995, a written, legally binding document or documents executed 
        by duly authorized officials of the affected local government 
        expressly authorizing 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 municipal solid waste is also included. For purposes 
        of a host community agreement entered into before March 10, 
        1995, such agreement may use a term other than `out-of-State', 
        provided that any alternative term or terms evidence the 
        approval or consent of the affected local government for 
        receipt of municipal solid waste from sources or locations 
        outside the State in which the landfill or incinerator is 
        located or is proposed to be located.</DELETED>
        <DELETED>    ``(3) The term `out-of-State municipal solid 
        waste' means, with respect to any State, municipal solid waste 
        generated outside of the State. To the extent that the 
        President determines it is consistent 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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) any solid waste identified or listed 
                as a hazardous waste under section 3001, or any solid 
                waste containing polychlorinated biphenyls regulated 
                under the Toxic Substances Control Act (15 U.S.C. 2601 
                et seq.);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) any solid waste that is--</DELETED>
                        <DELETED>    ``(i) generated by an industrial 
                        facility; and</DELETED>
                        <DELETED>    ``(ii) transported for the purpose 
                        of treatment, storage, or disposal to a 
                        facility that is owned or operated by the 
                        generator of the waste, or is located on 
                        property owned by the generator of the waste, 
                        or is located on property owned by a company 
                        with which the generator is 
                affiliated;</DELETED>
                <DELETED>    ``(E) any solid waste generated incident 
                to the provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(G) any medical waste that is segregated 
                from or not mixed with municipal solid waste (as 
                otherwise defined in this paragraph); or</DELETED>
                <DELETED>    ``(H) any material or product returned 
                from a dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 4011. Interstate transportation of municipal solid 
                            waste.''.

               <DELETED>TITLE II--FLOW CONTROL</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF 
              MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.</DELETED>

<DELETED>    Subtitle D of the Solid Waste Disposal Act is amended by 
adding after section 4010 the following new section:</DELETED>

<DELETED>``SEC. 4011. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF 
              MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Designate; designation.--The terms 
        `designate' and `designation' refer to a requirement by a State 
        or political subdivision, and the act of a State or political 
        subdivision in requiring, that all or any portion of the 
        municipal solid waste or recyclable material that is generated 
        within the boundaries of the State or political subdivision be 
        delivered to a waste management facility or facility for 
        recyclable material identified by the State or political 
        subdivision.</DELETED>
        <DELETED>    ``(2) Flow control authority.--The term `flow 
        control authority' means the authority to control the movement 
        of solid waste or recyclable material and direct such solid 
        waste or recyclable material to a designated waste management 
        facility or facility for recyclable material.</DELETED>
        <DELETED>    ``(3) Municipal solid waste.--The term `municipal 
        solid waste' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) does not include--</DELETED>
                        <DELETED>    ``(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.);</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) medical waste listed in 
                        section 11002;</DELETED>
                        <DELETED>    ``(iv) industrial waste generated 
                        by manufacturing or industrial processes, 
                        including waste generated during scrap 
                        processing and scrap recycling;</DELETED>
                        <DELETED>    ``(v) recyclable material; 
                        or</DELETED>
                        <DELETED>    ``(vi) sludge.</DELETED>
        <DELETED>    ``(4) Recyclable material.--The term `recyclable 
        material' means--</DELETED>
                <DELETED>    ``(A) 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); but</DELETED>
                <DELETED>    ``(B) for the purpose of subsection (b), 
                includes material described in subparagraph (A) only if 
                the generator or owner of the material voluntarily made 
                the material available to the State or political 
                subdivision (or the designee of the State or political 
                subdivision) and relinquished any rights to, or 
                ownership of, the material, and the State or political 
                subdivision (or designee) assumes such rights to, or 
                ownership of, the material.</DELETED>
        <DELETED>    ``(5) 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.</DELETED>
<DELETED>    ``(b) Authority.--</DELETED>
        <DELETED>    ``(1) In general.--Each State and each 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 by directing the municipal 
        solid waste or recyclable material to a waste management 
        facility or facility for recyclable material, if such flow 
        control authority--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) has been implemented by designating 
                before May 15, 1994, the particular waste management 
                facilities to which the municipal solid waste or 
                recyclable material is to be delivered, the substantial 
                construction of which facilities was performed after 
                the effective date of that legally binding provision or 
                official act and which facilities were in operation as 
                of May 15, 1994.</DELETED>
        <DELETED>    ``(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 or political subdivision that 
qualifies under subsection (c), 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 a waste 
management facility).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Duration of authority.--With respect to each 
        designated waste management facility, the authority of this 
        section shall be effective until the later of--</DELETED>
                <DELETED>    ``(A) the end of the remaining life of a 
                contract between the State or political subdivision and 
                any other person regarding the movement or delivery of 
                municipal solid waste or recyclable material (as in 
                effect May 15, 1994);</DELETED>
                <DELETED>    ``(B) completion of the schedule for 
                payment of the capital costs of the facility concerned 
                (as in effect May 15, 1994); or</DELETED>
                <DELETED>    ``(C) the end of the remaining useful life 
                of the original facility, as that remaining life may be 
                extended by--</DELETED>
                        <DELETED>    ``(i) retrofitting of equipment or 
                        the making of other significant modifications 
                        to meet applicable environmental requirements 
                        or safety requirements;</DELETED>
                        <DELETED>    ``(ii) routine repair or scheduled 
                        replacement of equipment or components that 
                        does not add to the capacity of a waste 
                        management facility; or</DELETED>
                        <DELETED>    ``(iii) expansion of the facility 
                        on land that is--</DELETED>
                                <DELETED>    ``(I) legally or equitably 
                                owned, or under option to purchase or 
                                lease, by the owner or operator of the 
                                facility; and</DELETED>
                                <DELETED>    ``(II) covered by the 
                                permit for the facility (as in effect 
                                May 15, 1994).</DELETED>
<DELETED>    ``(c) Commitment to Construction.--</DELETED>
        <DELETED>    ``(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--
                </DELETED>
                <DELETED>    ``(A) 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 prior 
                to May 15, 1994; and</DELETED>
                <DELETED>    ``(B) the political subdivision took 
                action prior to May 15, 1994, to commit to the 
                designation of a waste management facility 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.</DELETED>
        <DELETED>    ``(2) Factors demonstrating commitment.--A 
        commitment to the designation of a waste management facility is 
        demonstrated by 1 or more of the following factors:</DELETED>
                <DELETED>    ``(A) Construction permits.--All permits 
                required for the substantial construction of the 
                facility were obtained prior to May 15, 1994.</DELETED>
                <DELETED>    ``(B) Contracts.--All contracts for the 
                substantial construction of the facility were in effect 
                prior to May 15, 1994.</DELETED>
                <DELETED>    ``(C) Revenue bonds.--Prior to May 15, 
                1994, revenue bonds were presented for sale to 
                specifically provide revenue for the construction of 
                the facility.</DELETED>
                <DELETED>    ``(D) Construction and operating 
                permits.--The State or political subdivision submitted 
                to the appropriate regulatory agency or agencies, on or 
                before May 16, 1994, substantially complete permit 
                applications for the construction and operation of the 
                facility.</DELETED>
<DELETED>    ``(d) Retained Authority.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Limitations on Revenue.--A State or political 
subdivision may exercise flow control authority under subsection (b) or 
(c) 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 solely for solid waste management services.</DELETED>
<DELETED>    ``(f) 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 (b) or 
(c), 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 
considered as impairing, restraining, or discriminating against 
interstate commerce.</DELETED>
<DELETED>    ``(g) Effect on Existing Laws and Contracts.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Ownership of recyclable material.--Nothing 
        in this section--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 203. TABLE OF CONTENTS AMENDMENT.</DELETED>

<DELETED>    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 
4010 the following new item:</DELETED>

<DELETED>``Sec. 4011. State and local government control of movement of 
                            municipal solid waste and recyclable 
                            material.''.

<DELETED>SEC. 204. REPEAL.</DELETED>

<DELETED>    Section 4011 of the Solid Waste Disposal Act, as added by 
section 202, and the item relating to that section in the table of 
contents for subtitle D of the Solid Waste Disposal Act, as added by 
section 203, are repealed effective as of the date that is 30 years 
after the date of enactment of this Act.</DELETED>

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)(D) 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), immediately upon the 
date of publication of the list required in paragraph (6)(E), and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
prohibit or limit the amount of out-of-State municipal solid waste 
disposed of at any landfill or incinerator covered by the exceptions in 
subsection (b) that is subject to the jurisdiction of the Governor, 
generated in any State that is determined by the Administrator under 
paragraph (6)(E) as having exported, to landfills or incinerators not 
covered by host community agreements or permits authorizing receipt of 
out-of-State municipal solid waste, more than--
            ``(i) 3,500,000 tons of municipal solid waste in calendar 
        year 1996;
            ``(ii) 3,000,000 tons of municipal solid waste in each of 
        calendar years 1997 and 1998;
            ``(iii) 2,500,000 tons of municipal solid waste in each of 
        calendar years 1999 and 2000;
            ``(iv) 1,500,000 tons of municipal solid waste in each of 
        calendar years 2001 and 2002; and
            ``(v) 1,000,000 tons of municipal solid waste in calendar 
        year 2003 and each year thereafter.
    ``(B)(i) No State may export to landfills or incinerators in any 1 
State that are not covered by host community agreements 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, 800,000 tons.
            ``(VII) In calendar year 2002 or any calendar year 
        thereafter, 600,000 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.
    ``(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)(E).
    ``(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. 
        Within 120 days after enactment of this section and on July 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.
            ``(C) List.--The Administrator shall publish a list of 
        States that the Administrator has determined have exported out-
        of-State in any of the following calendar years an amount of 
        municipal solid waste in excess of--
                    ``(i) 3,500,000 tons in 1996;
                    ``(ii) 3,000,000 tons in 1997;
                    ``(iii) 3,000,000 tons in 1998;
                    ``(iv) 2,500,000 tons in 1999;
                    ``(v) 2,500,000 tons in 2000;
                    ``(vi) 1,500,000 tons in 2001;
                    ``(vii) 1,500,000 tons in 2002;
                    ``(viii) 1,000,000 tons in 2003; and
                    ``(ix) 1,000,000 tons in each calendar year after 
                2003.
        The list for any calendar year shall be published by June 1 of 
        the following calendar year.
            ``(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 assessed against or voluntarily paid to 
        the 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. To the extent that the President 
        determines it is consistent 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.
            ``(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 with which the 
                        generator is affiliated;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) 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.''.
    (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.''.

                         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 or political 
        subdivision, and the act of a State or political subdivision 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 or political 
        subdivision be delivered to waste management facilities or 
        facilities for recyclable material or a public service 
        authority identified by the State or political subdivision.
            ``(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; or
                    ``(B) an authority that was issued a certificate of 
                incorporation by a State corporation commission 
                established by a State constitution.
            ``(5) 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).
            ``(6) 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 and each 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 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) is imposed pursuant to a law, ordinance, 
                regulation, or other legally binding provision of the 
                State or political subdivision in effect on May 15, 
                1994; and
                    ``(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, the substantial construction of which 
                facilities was performed after the effective date of 
                that law, ordinance, regulation, or other legally 
                binding provision and which facilities were in 
                operation as of 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 or political subdivision 
        that qualifies under subsection (c), 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 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 or political subdivision 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 
                original facility, 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.--Notwithstanding anything to 
        the contrary in this section, but subject to subsection (j), a 
        State or political subdivision of a State that, on or before 
        January 1, 1984, adopted regulations under State law that 
        required or directed the transportation, management, or 
        disposal of solid waste from residential, commercial, 
        institutional, or industrial sources (as defined under State 
        law) to specifically identified waste management facilities and 
        applied those regulations to every political subdivision of the 
        State may--
                    ``(A) designate any waste management facility in 
                the State that--
                            ``(i) was designated prior to May 15, 1994, 
                        and meets the requirements of subsection (c); 
                        or
                            ``(ii) meets the requirements of paragraph 
                        (1); and
                    ``(B) continue to exercise flow control authority 
                for the remaining useful life of that facility over all 
                classes and categories of solid waste that were subject 
                to flow control on May 15, 1994.
    ``(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) 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 prior 
                to May 15, 1994; and
                    ``(B) prior to May 15, 1994, the political 
                subdivision committed to the designation of a waste 
                management facility 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 a waste management facility 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) Constructed and Operated.--
            ``(1) In general.--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--
                    ``(A) prior to May 15, 1994, the political 
                subdivision--
                            ``(i) 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 for waste management facilities; or
                            ``(ii) entered into contracts with a public 
                        service authority 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
                    ``(B) prior to May 15, 1994, the public service 
                authority--
                            ``(i) issued the revenue bonds for the 
                        construction of municipal solid waste 
                        facilities to which the political subdivision's 
                        municipal solid waste is transferred or 
                        disposed; and
                            ``(ii) commenced operation of the 
                        facilities.
            ``(2) Duration of authority.--Authority under this 
        subsection may be exercised by a political subdivision 
        qualifying under paragraph (1)(A)(ii) only until the expiration 
        of the contract or the life of the bond, whichever is earlier.
    ``(e) 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 mandated by State law to provide for the 
        operation of solid waste facilities to serve the disposal needs 
        of all incorporated and unincorporated areas of the county;
            ``(2) 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;
            ``(3) has been authorized by State statute to exercise flow 
        control authority and had implemented the authority through a 
        law, ordinance, regulation, contract, or other legally binding 
        provision; and
            ``(4) had incurred significant financial expenditures to 
        comply with the mandates under State law and to repay 
        outstanding revenue bonds that were issued for the construction 
        of solid waste management facilities to which the political 
        subdivision's waste was designated.
    ``(f) 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.
    ``(g) Limitations on Revenue.--A State or political subdivision may 
exercise flow control authority under subsection (b), (c), or (d) 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.
    ``(h) 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), or 
(d), 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.
    ``(i) 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.
    ``(j) 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.''.

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) Remote 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)) would be infeasible, would not be cost-effective, or is 
        otherwise inappropriate because of the remote location of the 
        unit, the unit shall be exempt from those requirements.''.
    (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.
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