[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 899 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 899

 To amend the Solid Waste Disposal Act to provide for flow control of 
                         municipal solid waste.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 12, 1997

   Mr. Dodd introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to provide for flow control of 
                         municipal solid waste.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Municipal Solid Waste Disposal Act 
of 1997''.

SEC. 2. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF MUNICIPAL 
              SOLID WASTE AND RECYCLABLE MATERIAL.

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

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

    ``(a) Definitions.--In this section:
            ``(1) Designate.--The term `designate', in reference to the 
        action of a State, political subdivision, or public service 
        authority in designating a waste management facility, means to 
        authorize, require, or contractually commit that all or any 
        portion of the municipal solid waste or recyclable material 
        that is generated within the boundaries of the State, political 
        subdivision, or public service authority be delivered to waste 
        management facilities or facilities for recyclable material or 
        a public service authority identified by the State, political 
        subdivision, or public service authority.
            ``(2) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of 
        municipal solid waste or voluntarily relinquished recyclable 
        material and direct municipal solid waste or voluntarily 
        relinquished recyclable material to a designated waste 
        management facility or facility for recyclable material.
            ``(3) Legally binding provision of the state or political 
        subdivision.--For purposes of the authority conferred by 
        subsections (b) and (c), the term `legally binding provision of 
        the State or political subdivision' includes a put or pay 
        agreement that designates waste to a waste management facility 
        that was in operation on or before December 31, 1988, and that 
        requires an aggregate tonnage to be delivered to the facility 
        during each operating year by the political subdivisions that 
        have entered put or pay agreements designating that waste 
        management facility. The entering into of a put or pay 
        agreement shall be considered to be a designation (as defined 
        in subsection (a)(1)) for purposes of this title.
            ``(4) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means 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).
                    ``(B) Exclusions.--The term `municipal solid waste' 
                does not include--
                            ``(i) waste identified or listed as a 
                        hazardous waste under section 3001 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.
            ``(5) Political subdivision.--The term `political 
        subdivision' means a political subdivision of a State.
            ``(6) Public service authority.--The term `public service 
        authority' means--
                    ``(A) an authority or authorities created pursuant 
                to State legislation to provide individually or in 
                combination solid waste management services to 
                political subdivisions;
                    ``(B) other body created pursuant to State law; or
                    ``(C) an authority that was issued a certificate of 
                incorporation by a State corporation commission 
                established by a State constitution.
            ``(7) Put or pay agreement.--The term `put or pay 
        agreement' means an agreement that obligates or otherwise 
        requires a State, political subdivision, or public service 
        authority to--
                    ``(A) deliver a minimum quantity of municipal solid 
                waste to a waste management facility; and
                    ``(B) pay for that minimum quantity of municipal 
                solid waste even if the stated minimum quantity of 
                municipal solid waste is not delivered within a 
                required period of time.
            ``(8) 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).
            ``(9) Waste management facility.--The term `waste 
        management facility' means a facility that collects, separates, 
        stores, transports, transfers, treats, processes, combusts, or 
        disposes of municipal solid waste.
    ``(b) Authority.--
            ``(1) In general.--Each State, political subdivision, or 
        public service authority may exercise flow control authority 
        for municipal solid waste and for recyclable material 
        voluntarily relinquished by the owner or generator of the 
        material that is generated within its jurisdiction by directing 
        the municipal solid waste or recyclable material to a waste 
        management facility or public service authority or facility for 
        recyclable material, if the flow control authority--
                    ``(A)(i) had been exercised before May 15, 1994, 
                and was being implemented on May 15, 1994, pursuant to 
                a law (including an ordinance or regulation) or other 
                legally binding provision of the State or political 
                subdivision; or
                    ``(ii) had been exercised before May 15, 1994, 
                without regard to whether implementation of such a law 
                (including an ordinance or regulation) or other legally 
                binding provision of the State or political subdivision 
                was prevented by an injunction, temporary restraining 
                order, or other court action, or was suspended by the 
                voluntary decision of the State or political 
                subdivision because of the pendency of a court action; 
                or
                    ``(B) has been implemented by designating before 
                May 15, 1994, the particular waste management 
                facilities or public service authority to which the 
                municipal solid waste or recyclable material is to be 
                delivered, which facilities were in operation as of May 
                15, 1994, or were in operation before May 15, 1994, and 
                were temporarily inoperative on May 15, 1994.
            ``(2) Limitation.--The authority of this section extends 
        only to the specific classes or categories of municipal solid 
        waste to which flow control authority requiring a movement to a 
        waste management facility was applied on or before May 15, 1994 
        (or, in the case of a State, political subdivision, or public 
        service authority that qualifies under subsection (c), to the 
        specific classes or categories of municipal solid waste for 
        which the State, political subdivision, or public service 
        authority before 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) Effective period of authority.--With respect to each 
        designated waste management facility, the authority of this 
        section shall be effective during the period ending on the 
        later of--
                    ``(A) the end of the remaining life of a contract 
                between the State, political subdivision, or public 
                service authority and any other person regarding the 
                movement or delivery of municipal solid waste or 
                voluntarily relinquished recyclable material to a 
                designated facility (as in effect May 15, 1994);
                    ``(B) completion of the schedule for payment of the 
                capital costs of the facility concerned (as in effect 
                May 15, 1994 (without regard to whether the capital 
                costs are subsequently refinanced to provide a reduced 
                interest rate with no change in amount or maturity); or
                    ``(C) the end of the remaining useful life of the 
                facility (as in existence on the date of enactment of 
                this section), as that remaining life may be extended 
                by--
                            ``(i) retrofitting of equipment or the 
                        making of other significant modifications to 
                        meet applicable environmental requirements or 
                        safety requirements;
                            ``(ii) routine repair or scheduled 
                        replacement of equipment or components that 
                        does not add to the capacity of a waste 
                        management facility; or
                            ``(iii) expansion of the facility on land 
                        that is--
                                    ``(I) legally or equitably owned, 
                                or under option to purchase or lease, 
                                by the owner or operator of the 
                                facility; and
                                    ``(II) covered by the permit for 
                                the facility (as in effect May 15, 
                                1994).
            ``(5) Additional authority.--
                    ``(A) Application of paragraph.--This paragraph 
                applies to a State or political subdivision that, on or 
                before January 1, 1984--
                            ``(i) adopted a regulation under State law 
                        that required the transportation to, and 
                        management or disposal at, waste management 
                        facilities in the State, of--
                                    ``(I) all solid waste from 
                                residential, commercial, institutional, 
                                or industrial sources (as defined under 
                                State law); and
                                    ``(II) recyclable material 
                                voluntarily relinquished by the owner 
                                or generator of the recyclable 
                                material; and
                            ``(ii) as of January 1, 1984, had 
                        implemented the regulation in the case of every 
                        political subdivision of the State.
                    ``(B) Authority.--Notwithstanding anything to the 
                contrary in this section (including subsection (m)), a 
                State or political subdivision described in 
                subparagraph (A) may continue to exercise flow control 
                authority (including designation of waste management 
                facilities in the State that meet the requirements of 
                subsection (c)) for all classes and categories of solid 
                waste that were subject to flow control on January 1, 
                1984.
            ``(6) Flow control ordinance.--
                    ``(A) In general.--Notwithstanding anything to the 
                contrary in this section, but subject to subsection 
                (m), during the effective period described in paragraph 
                (4), a political subdivision that adopted a flow 
                control ordinance in November 1991, and designated 
                facilities to receive municipal solid waste before 
                April 1, 1992, may exercise flow control authority 
                until the end of the remaining life of all contracts 
                between the political subdivision and any other 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) Limitation.--The authority under subparagraph 
                (A) applies only with respect to the specific classes 
                or categories of municipal solid waste to which flow 
                control authority was actually applied on or before May 
                15, 1994.
    ``(c) Commitment to Construction.--
            ``(1) In general.--Notwithstanding subparagraphs (A) and 
        (B) of subsection (b)(1), a political subdivision may exercise 
        flow control authority under subsection (b), if--
                    ``(A)(i) the law (including an ordinance or 
                regulation) or other legally binding provision 
                specifically provides for flow control authority for 
                municipal solid waste generated within the boundaries 
                of the political subdivision; and
                    ``(ii) the authority was exercised before May 15, 
                1995, and was being implemented on May 15, 1994; or
                    ``(B) before May 15, 1994, the political 
                subdivision committed to the designation of the 
                particular waste management facilities or public 
                service authority to which municipal solid waste is to 
                be transported or at which municipal solid waste is to 
                be disposed of under that law (including an ordinance 
                or regulation), plan, or legally binding provision.
            ``(2) Factors demonstrating commitment.--A commitment to 
        the designation of waste management facilities or public 
        service authority is demonstrated by 1 or more of the following 
        factors:
                    ``(A) Construction permits.--All permits required 
                for the substantial construction of the facility were 
                obtained before May 15, 1994.
                    ``(B) Contracts.--All contracts for the substantial 
                construction of the facility were in effect before May 
                15, 1994.
                    ``(C) Revenue bonds.--Before May 15, 1994, revenue 
                bonds were presented for sale to specifically provide 
                revenue for the construction of the facility (without 
                regard to whether the revenue bonds are subsequently 
                refinanced to provide a reduced interest rate with no 
                change in amount or maturity).
                    ``(D) Construction and operating permits.--The 
                State or political subdivision submitted to the 
                appropriate regulatory agency or agencies, on or before 
                May 15, 1994, substantially complete permit 
                applications for the construction and operation of the 
                facility.
    ``(d) Formation of Solid Waste Management District To Purchase and 
Operate Existing Facility.--Notwithstanding subparagraphs (A) and (B) 
of subsection (b)(1), a solid waste management district that was formed 
by a number of political subdivisions for the purpose of purchasing and 
operating a facility owned by 1 of the political subdivisions may 
exercise flow control authority under subsection (b) if--
            ``(1) the facility was fully licensed and in operation 
        before May 15, 1994;
            ``(2) before April 1, 1994, substantial negotiations and 
        preparation of documents for the formation of the district and 
        purchase of the facility were completed;
            ``(3) before May 15, 1994, at least 80 percent of the 
        political subdivisions that were to participate in the solid 
        waste management district had adopted an ordinance committing 
        the political subdivisions to the participation, and the 
        remaining political subdivisions adopted such an ordinance 
        within 2 months after that date; and
            ``(4) the financing was completed (without regard to 
        whether the revenue bonds are subsequently refinanced to 
        provide a reduced interest rate with no change in amount or 
        maturity), the acquisition was made, and the facility was 
        placed under operation by the solid waste management district 
        on or before September 21, 1994.
    ``(e) Facility Constructed and Operated.--During the effective 
period described in subsection (b)(4), a political subdivision 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 the jurisdiction of the 
political subdivision if--
            ``(1) before May 15, 1994, the political subdivision--
                    ``(A) contracted with a public service authority or 
                with its operator, to deliver or cause to be delivered 
                to the public service authority substantially all of 
                the disposable municipal solid waste that is generated 
                or collected by or is within or under the control of 
                the political subdivision, for the purpose of 
                supporting revenue bonds issued by and in the name of 
                the public service authority or on its behalf by a 
                State entity for waste management facilities; or
                    ``(B) entered into contracts with a public service 
                authority or its operator to deliver or cause to be 
                delivered to the public service authority substantially 
                all of the disposable municipal solid waste that is 
                generated or collected by or within the control of the 
                political subdivision, which imposed flow control 
pursuant to a law (including an ordinance or regulation) or other 
legally binding provision, if revenue bonds were issued in the name of 
the public service authority for waste management facilities and 
outstanding (without regard to whether the revenue bonds are 
subsequently refinanced to provide a reduced interest rate with no 
change in amount or maturity); and
            ``(2) before May 15, 1994, the public service authority--
                    ``(A) issued the revenue bonds or had revenue bonds 
                issued on its behalf by a State entity for the 
                construction of municipal solid waste facilities to 
                which the municipal solid waste of the political 
                subdivision is transferred or disposed (without regard 
                to whether the revenue bonds are subsequently 
                refinanced to provide a reduced interest rate with no 
                change in amount or maturity); and
                    ``(B) commenced operation of the facilities.
    ``(f) State-Mandated Disposal Services.--During the effective 
period described in subsection (b)(4), a political subdivision 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 the jurisdiction of the 
political subdivision if, before May 15, 1994, the political 
subdivision--
            ``(1) was responsible under State law for providing for the 
        operation of solid waste facilities to serve the disposal needs 
        of all incorporated and unincorporated areas of the county;
            ``(2) is required to initiate a recyclable material 
        recycling program in order to meet a municipal solid waste 
        reduction goal of at least 30 percent;
            ``(3) has been authorized by State statute to exercise flow 
        control authority and had implemented the authority through the 
        adoption or execution of a law (including an ordinance or 
        regulation), contract, or other legally binding provision; and
            ``(4) had incurred, or caused a public service authority to 
        incur, significant financial expenditures to comply with State 
        law and to repay outstanding bonds that were issued 
        specifically for the construction of solid waste management 
        facilities to which the waste of the political subdivision is 
        to be delivered.
    ``(g) State Solid Waste District Authority.--A solid waste district 
or a political subdivision 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 the jurisdiction of the political subdivision if--
            ``(1) the solid waste district or a political subdivision 
        within the solid waste district--
                    ``(A) is currently required to initiate a 
                recyclable material recycling program in order to meet 
                a municipal solid waste reduction goal of at least 30 
                percent by the year 2005; and
                    ``(B) uses revenues generated by the exercise of 
                flow control authority strictly to implement programs 
                to manage municipal solid waste, other than development 
                of incineration; and
            ``(2) before May 15, 1994, the solid waste district or 
        political subdivision or municipality--
                    ``(A) was responsible under State law for the 
                management and regulation of the storage, collection, 
                processing, and disposal of solid waste within its 
                jurisdiction;
                    ``(B) was authorized by State statute (enacted 
                before January 1, 1992) to exercise flow control 
                authority, and subsequently adopted or sought to 
                exercise the authority through a law (including an 
                ordinance or regulation), regulatory proceeding, 
                contract, franchise, or other legally binding 
                provision; and
                    ``(C) was required by State statute (enacted before 
                January 1, 1992) to develop and implement a solid waste 
                management plan consistent with the State solid waste 
                management plan, and the solid waste management plan of 
                the solid waste district or political subdivision or 
                municipality was approved by the appropriate State 
                agency before September 15, 1994.
    ``(h) State-authorized Services and Local Plan Adoption.--A 
political subdivision 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 the 
jurisdiction of the political subdivision if, before May 15, 1994, the 
political subdivision--
            ``(1) had been authorized by a State statute that 
        specifically named the political subdivision to exercise flow 
        control authority and had implemented the authority through a 
        law (including an ordinance or regulation), contract, or other 
        legally binding provision;
            ``(2) had adopted a local solid waste management plan 
        pursuant to State statute and was required by State statute to 
        adopt the plan in order to submit a complete permit application 
        to construct a new solid waste management facility proposed in 
        the plan;
            ``(3) had presented for sale a revenue or general 
        obligation bond to provide for the site selection, permitting, 
        or acquisition for construction of new facilities identified 
        and proposed in the local solid waste management plan of the 
        political subdivision (without regard to whether the revenue or 
        general obligation bond is subsequently refinanced to provide a 
        reduced interest rate with no change in amount or maturity);
            ``(4) includes a municipality or municipalities required by 
        State law to adopt a local law (including an ordinance) to 
        require that solid waste that has been left for collection 
        shall be separated into recyclable, reusable, or other 
        components for which economic markets exist; and
            ``(5) is in a State that has aggressively pursued closure 
        of substandard municipal landfills, both by regulatory action 
        and under statute designed to protect deep flow recharge areas 
        in counties in which potable water supplies are derived from 
        sole source aquifers.
    ``(i) Retained Authority.--
            ``(1) Request.--On the request of a generator of municipal 
        solid waste affected by this section, a State or political 
        subdivision may authorize the diversion of all or a portion of 
        the solid waste generated by the generator making the request 
        to an alternative solid waste treatment or disposal facility, 
        if the purpose of the request is to provide a higher level of 
        protection for human health and the environment or reduce 
        potential future liability of the generator under Federal or 
        State law for the management of the municipal solid 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 the municipal solid waste.
            ``(2) Contents.--A request under paragraph (1) shall 
        include information on the environmental suitability of the 
        proposed alternative treatment or disposal facility and method, 
        compared to that of the designated facility and method.
    ``(j) Limitations on Revenue.--A State or political subdivision may 
exercise flow control authority under subsection (b), (c), (d), or (e) 
only if the State or political subdivision certifies that the use of 
any of its revenues derived from the exercise of the authority will be 
used for solid waste management services or related landfill 
reclamation.
    ``(k) Reasonable Regulation of Commerce.--A law, ordinance, 
regulation, or other legally binding provision or official act or 
political subdivision, as described in subsection (b), (c), (d), or 
(e), that implements flow control authority in compliance with this 
section shall be considered to be a reasonable regulation of commerce 
retroactive to its date of enactment or effective date and shall not be 
considered to be an undue burden on or otherwise considered as 
impairing, restraining, or discriminating against interstate commerce.
    ``(l) Effect on Existing Laws and Contracts.--
            ``(1) Environmental laws.--Nothing in this section has 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 authorizes a 
        political subdivision 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 
                to require a generator or owner of recyclable material 
                to transfer recyclable material to the State or 
                political subdivision; or
                    ``(B) prohibits a generator or owner of recyclable 
                material from selling, purchasing, accepting, 
                conveying, or transporting recyclable material for the 
                purpose of transformation or remanufacture into usable 
                or marketable material, unless the generator or owner 
                voluntarily made the recyclable material available to 
                the State or political subdivision and relinquished any 
                right to, or ownership of, the recyclable material.
    ``(m) Termination of Authority; Repeal.--
            ``(1) Termination of authority.--Notwithstanding any other 
        provision of this title, authority to control the flow of 
        municipal solid waste or recyclable material by directing 
        municipal solid waste or recyclable material to a waste 
        management facility shall terminate on the date that is 30 
        years after the date of enactment of this Act.
            ``(2) Repeal.--This section and the item relating to this 
        section in the table of contents for subtitle D of the Solid 
        Waste Disposal Act are repealed effective as of the date that 
        is 30 years after the date of enactment of this Act.
    ``(n) Section Not Applicable To Listed Facilities.--Notwithstanding 
any other provision of this title, the authority to exercise flow 
control shall not apply to a facility that--
            ``(1) on the date of enactment of this Act, is listed on 
        the National Priorities List under the Comprehensive 
        Environmental, Response, Compensation and Liability Act (42 
        U.S.C. 9601 et seq.); or
            ``(2) as of May 15, 1994, was the subject of a pending 
        proposal by the Administrator of the Environmental Protection 
        Agency to be listed on the National Priorities List.''.
    (b) 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) is amended by adding after the item relating to section 
4010 the following:

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