[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1194

To impose certain limitations on the receipt of out-of-State municipal 
  solid waste, to authorize State and local controls over the flow of 
             municipal solid waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2001

Mr. Specter (for himself, Ms. Stabenow, and Mr. Warner) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To impose certain limitations on the receipt of out-of-State municipal 
  solid waste, to authorize State and local controls over the flow of 
             municipal solid waste, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Solid Waste Interstate 
Transportation and Local Authority Act of 2001''.

SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new section:

``SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MUNICIPAL SOLID 
              WASTE.

    ``(a) Presumptive Ban on Receipt of Out-Of-State Waste.--No 
landfill or incinerator may receive any out-of-State municipal solid 
waste for disposal or incineration unless the waste is received 
pursuant to--
            ``(1) a host community agreement in accordance with 
        subsection (b) or (c); or
            ``(2) an exemption under subsection (d).
    ``(b) Existing Host Community Agreements.--Except as provided in 
subsection (e), out-of-State municipal solid waste may be received at a 
landfill or incinerator for disposal or incineration pursuant to a host 
community agreement entered into before the enactment of this section 
if--
            ``(1) the agreement specifically authorizes the owner or 
        operator to accept, at the landfill or incinerator, out-of-
        State municipal solid waste; and
            ``(2) the owner or operator complies with all of the terms 
        and conditions of the host community agreement.
The owner or operator shall provide a copy of the host community 
agreement, within 90 days after the enactment of this section, to the 
State and affected local government and make such a copy available for 
inspection by the public in the affected local community.
    ``(c) New Host Community Agreements.--
            ``(1) Exemption from ban.--Except as provided in subsection 
        (e), out-of-State municipal solid waste may be received at a 
        landfill or incinerator for disposal or incineration pursuant 
        to a host community agreement entered into on or after the 
        enactment of this section (in this section referred to as a 
        `new host community agreement') if the agreement specifically 
        authorizes the receipt of such waste and meets the requirements 
        of paragraphs (2) through (5) of this subsection.
            ``(2) Requirements for authorization.--An authorization to 
        receive out-of-State municipal solid waste pursuant to a new 
        host community agreement shall be granted by formal action at a 
        meeting; be recorded in writing in the official record of the 
        meeting; and remain in effect according to its terms. Such 
        authorization may specify terms and conditions, including an 
        amount of out-of-State municipal solid waste that an owner or 
        operator may receive and the duration of the authorization.
            ``(3) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to a new 
        host community agreement under this subsection, the owner or 
        operator of the facility seeking such authorization shall 
        provide (and make readily available to the State, each 
        contiguous local government and Indian tribe, and any other 
        interested person for inspection and copying) each of the 
        following items of information:
                    ``(A) A brief description of the facility, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size, the 
                ultimate waste capacity, and the anticipated monthly 
                and yearly quantities of waste to be handled. Such 
                quantities shall be expressed in terms of volume.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and general hydrogeological features. The 
                map shall indicate any buffer zones to be acquired by 
                the owner or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area, and a 
                discussion of alterations that may be necessitated by, 
                or occur as a result of, the facility. The description 
                of groundwater use shall include identification of 
                private wells and public drinking water sources.
                    ``(D) A description of environmental controls 
                typically required to be used on the site (pursuant to 
                permit requirements), including run on or run off 
                management, or both, air pollution control devices, 
                source separation procedures (if any), methane 
                monitoring and control, landfill covers, liners or 
                leachate collection systems, and monitoring programs. 
                In addition, the description shall include a 
                description of any waste residuals generated by the 
                facility, including leachate or ash, and the planned 
                management of the residuals.
                    ``(E) A description of 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) Estimates of the personnel requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preoperational and postoperational 
                levels.
                    ``(H) 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, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective action and rehabilitation 
                measures taken as a result of the proceedings.
                    ``(I) Any information that is required by State or 
                Federal law to be provided with respect to gifts and 
                contributions made by the owner or operator.
                    ``(J) 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.
            ``(4) Prior notification.--Prior to taking formal action 
        with respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to a new host community 
        agreement under this subsection, an affected local government 
        shall--
                    ``(A) notify the State, contiguous local 
                governments, and any contiguous Indian tribes;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation in the affected area at least 15 
                days before holding a hearing under subparagraph (C), 
                except where State law provides for an alternate form 
                of public notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
            ``(5) Subsequent notification.--Promptly, but not later 
        than 90 days after an authorization is granted pursuant to a 
        new host community agreement under this subsection, the 
        affected local government shall notify the Governor, contiguous 
        local governments, and any contiguous Indian tribes of such 
        authorization.
            ``(6) Authority.--
                    ``(A) In general.--A State may enact a law or laws 
                with respect to the entry, by an affected local 
                government in the State, into a host community 
                agreement, as it relates to the interstate 
                transportation of solid waste.
                    ``(B) No discrimination.--In enacting a law or laws 
                pursuant to subparagraph (A), a State shall act in a 
                consistent manner that does not discriminate against 
                the receipt of out-of-State municipal solid waste on 
                the basis of State of origin.
    ``(d) Exemption for Waste Not Subject to Host Community 
Agreements.--
            ``(1) Exemption from ban.--Except as provided in subsection 
        (e), out-of-State municipal solid waste received at a landfill 
        or incinerator shall be exempt from the presumptive ban 
        contained in subsection (a) if the owner or operator of the 
        landfill or incinerator provides to the State in which the 
        landfill or incinerator is located and to the affected local 
        government either of the following:
                    ``(A) Permit.--Information establishing that, 
                before the enactment of this section, the owner or 
                operator of the landfill or incinerator has received a 
                State permit that specifically authorizes the owner or 
                operator to accept, at the landfill or incinerator, 
                such out-of-State municipal solid waste. This 
                subparagraph shall be effective only if the owner or 
                operator complies with all of the terms and conditions 
                of the permit after the date of enactment of this 
                section and notifies the affected local government of 
                the permit as soon as practicable but not later than 90 
                days after the date of enactment of this section.
                    ``(B) Contract.--Information establishing that the 
                owner or operator of the landfill or incinerator has 
                entered into a binding contract before March 18, 2001, 
                that commits to the delivery to and receipt at the 
                landfill or incinerator of a specific quantity of out-
                of-State municipal solid waste and that the owner or 
                operator of the landfill or incinerator has permitted 
                capacity actually available on the date of enactment of 
                this section for receipt of the specific quantity of 
                out-of-State municipal solid waste committed to in the 
                contract. This subparagraph shall be effective only for 
                the longer of--
                            ``(i) the life of the contract (not 
                        including any renewal, novation, or extension 
                        thereof); or
                            ``(ii) a period of 3 years after the date 
                        of enactment of this section,
                and only with respect to the amount of the obligation 
                in the contract.
            ``(2) Availability of documentation.--The owner or operator 
        of a landfill or incinerator receiving out-of-State municipal 
        solid waste pursuant to an exemption under paragraph (1) shall 
        make available for inspection by the public in the affected 
        local community a copy of the permit or contract referred to in 
        paragraph (1). The owner or operator may omit any proprietary 
        information contained in contracts.
            ``(3) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste pursuant to an exemption under paragraph 
        (1) if the operating permit for the landfill or incinerator (or 
        renewal thereof) was denied or revoked by the appropriate State 
        agency before the date of enactment of this section, unless 
        such permit or license (or renewal) has been reinstated as of 
        such date of enactment.
    ``(e) Required Compliance.--Exemptions under subsections (b), (c), 
and (d) shall not apply to a landfill or incinerator during any period 
with respect to which the State in which the facility is located has 
determined that the facility is not in compliance with applicable 
Federal and State laws and regulations relating to--
            ``(1) facility operation and design;
            ``(2) in the case of landfills, facility location 
        standards, leachate collection standards, groundwater 
        monitoring standards, and standards for financial assurance and 
        for closure and postclosure and corrective action; and
            ``(3) in the case of incinerators, the applicable 
        requirements of section 129 of the Clean Air Act (42 U.S.C. 
        7429).
    ``(f) Authority of State To Restrict Out-Of-State Municipal Solid 
Waste.--
            ``(1) Limitations on amount of waste received.--
                    ``(A) Limit for all facilities in the state.--A 
                State may limit the amount of out-of-State municipal 
                solid waste received annually at each landfill or 
                incinerator in the State to the limitation amount 
                described in paragraph (2), except as provided in this 
                subsection. No such limit may conflict--
                            ``(i) with provisions of a permit 
                        specifically authorizing the owner or operator 
                        to accept, at the facility, out-of-State 
                        municipal solid waste; or
                            ``(ii) with a host community agreement 
                        entered into between the owner or operator of 
                        any such landfill or incinerator and the 
                        affected local government.
                    ``(B) Conflict.--A limit referred to in 
                subparagraph (A) shall be treated as conflicting with--
                            ``(i) a permit if the permit establishes a 
                        higher limit or does not establish any limit on 
                        the amount of out-of-State municipal solid 
                        waste which may be received annually at the 
                        facility; and
                            ``(ii) a host community agreement if the 
                        host community agreement establishes a higher 
                        limit or does not establish any limit on the 
                        amount of out-of-State municipal solid waste 
                        which may be received annually at the facility, 
                        but only to the extent that the landfill or 
                        incinerator, at the time the host community 
                        agreement was entered into, had specifically 
                        permitted capacity to receive the solid waste 
                        authorized by the host community agreement.
                    ``(C) Limit for particular facilities.--An affected 
                local government that has not executed a host community 
                agreement with a particular landfill or incinerator may 
                limit the amount of out-of-State municipal solid waste 
                received annually at the landfill or incinerator 
                concerned to the limitation amount described in 
                paragraph (2). No such limit may conflict with 
                provisions of a permit specifically authorizing the 
                owner or operator to accept, at the facility, out-of-
                State municipal solid waste.
                    ``(D) Effect on other laws.--Nothing in this 
                subsection shall be interpreted or construed to 
                supersede any State law relating to contracts.
            ``(2) Limitation amount.--For any landfill or incinerator 
        that commenced receiving documented out-of-State municipal 
        solid waste before the date of enactment of this section, the 
        limitation amount referred to in paragraph (1) for any year 
        shall be equal to the amount of out-of-State municipal solid 
waste received at the landfill or incinerator concerned during calendar 
year 1993. The documentation referred to in this paragraph shall be 
such as would result in criminal penalties under State law in case of 
false or misleading information. Such documentation shall include the 
amount of waste received in 1993, place of origin, identity of the 
generator, date of shipment, and type of waste.
            ``(3) No discrimination.--In establishing a limitation 
        under this subsection, a State shall act in a consistent manner 
        that does not discriminate against any shipments of out-of-
        State municipal solid waste on the basis of State of origin.
    ``(g) Limitations on Prospective Waste Flows.--
            ``(1) State authority to deny permits.--A State may provide 
        by law that the State will deny, or refuse to renew, a permit 
        for the construction or operation of a landfill or incinerator, 
        or for a major modification to an existing landfill or 
        incinerator, if--
                    ``(A) the State has approved a State or local 
                comprehensive municipal solid waste management plan 
                developed under Federal or State law; and
                    ``(B) the denial or refusal to renew is based on a 
                determination, pursuant to a State law authorizing the 
                denial or refusal to renew, that there is not a local 
                or regional need for the landfill or incinerator in the 
                State.
            ``(2) Percentage limit.--
                    ``(A) In general.--A State may provide by law that 
                a State permit issued or renewed after the date of 
                enactment of this section for a municipal solid waste 
                landfill or incinerator, or for expansion of a 
                municipal solid waste landfill or incinerator, shall 
                include a requirement that not more than a specified 
                percentage of the total amount of municipal solid waste 
                received annually at the landfill or incinerator may be 
                out-of-State municipal solid waste. A percentage 
                limitation established by a State under this 
                subparagraph shall not be less than 20 percent.
                    ``(B) Host community agreement.--Notwithstanding 
                subparagraphs (A) and (C), a landfill or incinerator 
                acting pursuant to a host community agreement entered 
                into prior to the date of enactment of this section 
                that specifically authorizes the landfill or 
                incinerator to receive a specific quantity of out-of-
                State municipal solid waste annually may receive the 
                specific quantity authorized under the host community 
                agreement.
                    ``(C) Nondiscrimination.--An annual percentage 
                limitation referred to in subparagraph (A)--
                            ``(i) shall be uniform for all municipal 
                        solid waste landfills and incinerators in the 
                        State; and
                            ``(ii) may not discriminate against out-of-
                        State municipal solid waste according to the 
                        State of origin.
    ``(h) Authority of State To Restrict Out-Of-State Municipal Solid 
Waste Based on Recycling Programs.--
            ``(1) Authority.--
                    ``(A) Limitation.--A State may limit the amount of 
                out-of-State municipal solid waste received annually at 
                each landfill or incinerator in the State to the amount 
                of out-of-State municipal solid waste received at the 
                landfill or incinerator concerned during calendar year 
                1995 if the State has enacted a comprehensive, 
                statewide recycling program. No such limit may 
                conflict--
                            ``(i) with provisions of a permit 
                        specifically authorizing the owner or operator 
                        to accept, at the facility, out-of-State 
                        municipal solid waste; or
                            ``(ii) with a host community agreement 
                        entered into between the owner or operator of 
                        any such landfill or incinerator and the 
                        affected local government.
                    ``(B) Conflict.--A limit referred to in 
                subparagraph (A) shall be treated as conflicting with--
                            ``(i) a permit if the permit establishes a 
                        higher limit or does not establish any limit on 
                        the amount of out-of-State municipal solid 
                        waste which may be received annually at the 
                        facility; and
                            ``(ii) a host community agreement if the 
                        host community agreement establishes a higher 
                        limit or does not establish any limit on the 
                        amount of out-of-State municipal solid waste 
                        which may be received annually at the facility, 
                        but only to the extent that the landfill or 
                        incinerator, at the time the host community 
                        agreement was entered into, had specifically 
                        permitted capacity to receive the solid waste 
                        authorized by the host community agreement.
            ``(2) No discrimination.--In establishing a limitation 
        under this subsection, a State shall act in a consistent manner 
        that does not discriminate against any shipments of out-of-
        State municipal solid waste on the basis of State of origin.
            ``(3) Effect on other laws.--Nothing in this subsection 
        shall be interpreted or construed to supersede any State law 
        relating to contracts.
            ``(4) Definition.--As used in this subsection, the term 
        `comprehensive, statewide recycling program' means a law of 
        statewide applicability that requires the generators of 
        municipal solid waste to separate all of the following 
        materials for recycling as a condition of disposing of the 
        waste at landfills or incinerators in the State:
                    ``(A) Aluminum containers.
                    ``(B) Corrugated paper or other container board.
                    ``(C) Glass containers.
                    ``(D) Magazines or other material printed on 
                similar paper.
                    ``(E) Newspapers or other material printed on 
                newsprint.
                    ``(F) Office paper.
                    ``(G) Plastic containers.
                    ``(H) Steel containers.
                    ``(I) Containers for carbonated or malt beverages 
                that are primarily made of a combination of steel and 
                aluminum.
    ``(i) Cost Recovery Surcharge.--
            ``(1) Authority.--A State may impose and collect a cost 
        recovery charge on the processing, combustion, or disposal in a 
        landfill or incinerator of out-of-State municipal solid waste 
        in the State in accordance with this subsection.
            ``(2) 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 
        (4) and in no event may exceed $2.00 per ton of waste.
            ``(3) Use of surcharge collected.--All cost recovery 
        surcharges collected by a State 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.
            ``(4) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State may impose and collect a cost recovery surcharge 
        on the processing, combustion, 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, combustion, or disposal 
                within the State of a volume of municipal solid waste 
                from a source outside the State;
                    ``(ii) the surcharge is based on those costs to the 
                State demonstrated under clause (i) that, if not paid 
                for through the surcharge, would otherwise have to be 
                paid or subsidized by the State; and
                    ``(iii) the surcharge is compensatory and is not 
                discriminatory.
            ``(B) In no event shall a cost recovery surcharge be 
        imposed by a State to the extent that the cost for which 
        recovery is sought is otherwise paid, recovered, or offset by 
        any other fee or tax paid to the State or its political 
        subdivision or to the extent that the amount of the surcharge 
        is offset by voluntarily agreed payments to a State or its 
        political subdivision in connection with the generation, 
        transportation, treatment, processing, combustion, 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).
            ``(5) 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, combustion, 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.
    ``(j) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.
    ``(k) Effect on Interstate Commerce.--No State or local government 
action taken as authorized by this section, including the establishment 
of a limit pursuant to subsection (f) or the enactment or execution of 
a law or regulation described in subsection (c)(6), (g), (h), (i), or 
(j), shall be considered to impose an undue burden on interstate 
commerce or to otherwise impair, restrain, or discriminate against 
interstate commerce.
    ``(l) Annual State Report.--Each year 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 the amount of out-of-
State municipal solid waste received for disposal during the preceding 
year. Each year each such State 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.
    ``(m) Definitions.--For purposes of this section:
            ``(1) Affected local government.--The term `affected local 
        government' means--
                    ``(A) the public body authorized by State law to 
                plan for the management of municipal solid waste, a 
                majority of the members of which are elected officials, 
                for the area in which a landfill or incinerator is 
                located or proposed to be located;
                    ``(B) if there is no such body authorized by State 
                law, 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 a landfill 
                or incinerator is located or proposed to be located; or
                    ``(C) contiguous units of local government located 
                in each of 2 or more adjoining States acting jointly as 
                an affected local government, pursuant to the authority 
                provided in section 1005(b), for purposes of providing 
                authorization under subsection (b), (c), or (d) for 
                municipal solid waste generated in the jurisdiction of 
                one of those units of local government and received for 
                disposal or incineration in the jurisdiction of 
                another.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding agreement, lawfully 
        entered into between an owner or operator of a landfill or 
        incinerator and an affected local government that specifically 
        authorizes the landfill or incinerator to receive out-of-State 
        municipal solid waste.
            ``(3) Municipal solid waste.--
                    ``(A) Waste included.--Except as provided in 
                subparagraph (B), the term `municipal solid waste' 
                means--
                            ``(i) all waste materials discarded for 
                        disposal by households, including single and 
                        multifamily residences, and hotels and motels; 
                        and
                            ``(ii) all waste materials discarded for 
                        disposal that were generated by commercial, 
                        institutional, municipal, and industrial 
                        sources, to the extent such materials--
                                    ``(I) are essentially the same as 
                                materials described in clause (i); or
                                    ``(II) were collected and disposed 
                                of with other municipal solid waste 
                                described in clause (i) or subclause 
                                (I) of this clause as part of normal 
                                municipal solid waste collection 
                                services, except that this subclause 
                                does not apply to hazardous materials 
                                other than hazardous materials that, 
                                pursuant to regulations issued under 
                                section 3001(d), are not subject to 
                                regulation under subtitle C.
                Examples of municipal solid waste include food and yard 
                waste, paper, clothing, appliances, consumer product 
                packaging, disposable diapers, office supplies, 
                cosmetics, glass and metal food containers, and 
                household hazardous waste. Such term shall include 
                debris resulting from construction, remodeling, repair, 
                or demolition of structures.
                    ``(B) Waste not included.--The term `municipal 
                solid waste' does not include any of the following:
                            ``(i) Any solid waste identified or listed 
                        as a hazardous waste under section 3001, except 
                        for household hazardous waste.
                            ``(ii) Any solid waste, including 
                        contaminated soil and debris, resulting from--
                                    ``(I) a response action taken under 
                                section 104 or 106 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act (42 U.S.C. 9604 or 
                                9606);
                                    ``(II) a response action taken 
                                under a State law with authorities 
                                comparable to the authorities of such 
                                section 104 or 106; or
                                    ``(III) a corrective action taken 
                                under this Act.
                            ``(iii) Recyclable materials that have been 
                        separated, at the source of the waste, from 
                        waste otherwise destined for disposal or that 
                        have been managed separately from waste 
                        destined for disposal.
                            ``(iv) Scrap rubber to be used as a fuel 
                        source.
                            ``(v) Materials and products returned from 
                        a dispenser or distributor to the manufacturer 
                        or an agent of the manufacturer for credit, 
                        evaluation, and possible reuse.
                            ``(vi) 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 or unit thereof that is owned 
                                or operated by the generator of the 
                                waste, located on property owned by the 
                                generator or a company with which the 
                                generator is affiliated, or the 
                                capacity of which is contractually 
                                dedicated exclusively to a specific 
                                generator, so long as the disposal area 
                                complies with local and State land use 
                                and zoning regulations applicable to 
                                the disposal site.
                            ``(vii) Any medical waste that is 
                        segregated from or not mixed with solid waste.
                            ``(viii) Sewage sludge and residuals from 
                        any sewage treatment plant, including any 
                        sewage treatment plant required to be 
                        constructed in the State of Massachusetts 
                        pursuant to any court order issued against the 
                        Massachusetts Water Resources Authority.
                            ``(ix) Combustion ash generated by resource 
                        recovery facilities or municipal incinerators, 
                        or waste from manufacturing or processing 
                        (including pollution control) operations not 
                        essentially the same as waste normally 
                        generated by households.
            ``(4) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste' means, with respect to any 
        State, municipal solid waste generated outside of the State. 
        The term includes municipal solid waste generated outside of 
        the United States.
            ``(5) Recyclable materials.--The term `recyclable 
        materials' means materials that are diverted, separated from, 
        or separately managed from materials otherwise destined for 
        disposal as solid waste, by collecting, sorting, or processing 
        for use as raw materials or feedstocks in lieu of, or in 
        addition to, virgin materials, including petroleum, in the 
        manufacture of usable materials or products.
            ``(6) Specifically authorizes.--The term `specifically 
        authorizes' refers to an explicit authorization, contained in a 
        host community agreement or permit, to import municipal solid 
        waste from outside the State. Such authorization may include a 
        reference to a fixed radius surrounding the landfill or 
        incinerator which 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 must clearly 
and affirmatively state the approval or consent of the affected local 
government or State for receipt of municipal solid waste from sources 
or locations outside the State from which the owner or operator of a 
landfill or incinerator proposes to import it. The term shall not 
include general references to the receipt of waste from outside the 
jurisdiction of the affected local government.''.
    (b) Table of Contents.--The table of contents 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 new item:

``Sec. 4011. Receipt and disposal of out-of-State municipal solid 
                            waste.''.
    (c) Incident Reports.--Not later than one year after the date of 
the enactment of this Act and annually for the next two years, the 
General Accounting Office shall submit a report to the Committee on 
Commerce of the House of Representatives and the Committee on 
Environment and Public Works of the Senate that contains the following 
information:
            (1) Available information for each State that imports 
        municipal solid waste detailing any incidents or circumstances 
        where waste materials that are not authorized by permit to be 
        disposed of at a landfill or incinerator have been discovered 
        in the imported municipal solid waste during the 
        transportation, processing, or disposal of such waste. Such 
        unauthorized waste materials can include hazardous waste, 
        medical waste, radioactive waste, and industrial waste.
            (2) For each incident or circumstance identified under 
        paragraph (1), an indication of the method or circumstances of 
        detection, and the identity of the source of the waste, the 
        transporter, and the disposal facility.
            (3) For each incident or circumstance identified under 
        paragraph (1), an indication of whether anyone was cited for a 
        violation, and if so the nature of the violation and any 
        penalty assessed.

SEC. 3. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL MUNICIPAL SOLID 
              WASTE FLOW CONTROL.

    (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
Disposal Act is amended by adding after section 4011 the following new 
section:

``SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    ``(a) Flow Control Authority for Facilities Previously 
Designated.--Any State or political subdivision thereof is authorized 
to exercise flow control authority to direct the movement of municipal 
solid waste and recyclable materials voluntarily relinquished by the 
owner or generator thereof to particular waste management facilities, 
or facilities for recyclable materials, designated as of the suspension 
date, if each of the following conditions are met:
            ``(1) The waste and recyclable materials are generated 
        within the jurisdictional boundaries of such State or political 
        subdivision, as such jurisdiction was in effect on the 
        suspension date.
            ``(2) Such flow control authority is imposed through the 
        adoption or execution of a law, ordinance, regulation, 
        resolution, or other legally binding provision or official act 
        of the State or political subdivision that--
                    ``(A) was in effect on the suspension date;
                    ``(B) was in effect prior to the issuance of an 
                injunction or other order by a court based on a ruling 
                that such law, ordinance, regulation, resolution, or 
                other legally binding provision or official act 
                violated the Commerce Clause of the United States 
                Constitution; or
                    ``(C) was in effect immediately prior to suspension 
                or partial suspension thereof by legislative or 
                official administrative action of the State or 
                political subdivision expressly because of the 
                existence of an injunction or other court order of the 
                type described in subparagraph (B) issued by a court of 
                competent jurisdiction.
            ``(3) The State or a political subdivision thereof has, for 
        one or more of such designated facilities--
                    ``(A) on or before the suspension date, presented 
                eligible bonds for sale;
                    ``(B) on or before the suspension date, issued a 
                written public declaration or regulation stating that 
                bonds would be issued and held hearings regarding such 
                issuance, and subsequently presented eligible bonds for 
                sale within 180 days of the declaration or regulation; 
                or
                    ``(C) on or before the suspension date, executed a 
                legally binding contract or agreement that--
                            ``(i) was in effect as of the suspension 
                        date;
                            ``(ii) obligates the delivery of a minimum 
                        quantity of municipal solid waste or recyclable 
                        materials to one or more such designated waste 
                        management facilities or facilities for 
                        recyclable materials; and
                            ``(iii) either--
                                    ``(I) obligates the State or 
                                political subdivision to pay for that 
                                minimum quantity of waste or recyclable 
                                materials even if the stated minimum 
                                quantity of such waste or recyclable 
                                materials is not delivered within a 
                                required timeframe; or
                                    ``(II) otherwise imposes liability 
                                for damages resulting from such 
                                failure.
    ``(b) Waste Stream Subject to Flow Control.--Subsection (a) 
authorizes only the exercise of flow control authority with respect to 
the flow to any designated facility of the specific classes or 
categories of municipal solid waste and voluntarily relinquished 
recyclable materials to which such flow control authority was 
applicable on the suspension date and--
            ``(1) in the case of any designated waste management 
        facility or facility for recyclable materials that was in 
operation as of the suspension date, only if the facility concerned 
received municipal solid waste or recyclable materials in those classes 
or categories on or before the suspension date; and
            ``(2) in the case of any designated waste management 
        facility or facility for recyclable materials that was not yet 
        in operation as of the suspension date, only of the classes or 
        categories that were clearly identified by the State or 
        political subdivision as of the suspension date to be flow 
        controlled to such facility.
    ``(c) Duration of Flow Control Authority.--Flow control authority 
may be exercised pursuant to this section with respect to any facility 
or facilities only until the later of the following:
            ``(1) The final maturity date of the bond referred to in 
        subsection (a)(3)(A) or (B).
            ``(2) The expiration date of the contract or agreement 
        referred to in subsection (a)(3)(C).
            ``(3) The adjusted expiration date of a bond issued for a 
        qualified environmental retrofit.
The dates referred to in paragraphs (1) and (2) shall be determined 
based upon the terms and provisions of the bond or contract or 
agreement. In the case of a contract or agreement described in 
subsection (a)(3)(C) that has no specified expiration date, for 
purposes of paragraph (2) of this subsection the expiration date shall 
be the first date that the State or political subdivision that is a 
party to the contract or agreement can withdraw from its 
responsibilities under the contract or agreement without being in 
default thereunder and without substantial penalty or other substantial 
legal sanction. The expiration date of a contract or agreement referred 
to in subsection (a)(3)(C) shall be deemed to occur at the end of the 
period of an extension exercised during the term of the original 
contract or agreement, if the duration of that extension was specified 
by such contract or agreement as in effect on the suspension date.
    ``(d) Indemnification for Certain Transportation.--Notwithstanding 
any other provision of this section, no State or political subdivision 
may require any person to transport municipal solid waste or recyclable 
materials, or to deliver such waste or materials for transportation, to 
any active portion of a municipal solid waste landfill unit if 
contamination of such active portion is a basis for listing of the 
municipal solid waste landfill unit on the National Priorities List 
established under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 unless such State or political 
subdivision or the owner or operator of such landfill unit has 
indemnified that person against all liability under that Act with 
respect to such waste or materials.
    ``(e) Ownership of Recyclable Materials.--Nothing in this section 
shall authorize any State or political subdivision to require any 
person to sell or transfer any recyclable materials to such State or 
political subdivision.
    ``(f) Limitation on Revenue.--A State or political subdivision may 
exercise the flow control authority granted in this section only if the 
State or political subdivision limits the use of any of the revenues it 
derives from the exercise of such authority to the payment of one or 
more of the following:
            ``(1) Principal and interest on any eligible bond.
            ``(2) Principal and interest on a bond issued for a 
        qualified environmental retrofit.
            ``(3) Payments required by the terms of a contract referred 
        to in subsection (a)(3)(C).
            ``(4) Other expenses necessary for the operation and 
        maintenance and closure of designated facilities and other 
        integral facilities identified by the bond necessary for the 
        operation and maintenance of such designated facilities.
            ``(5) To the extent not covered by paragraphs (1) through 
        (4), expenses for recycling, composting, and household 
        hazardous waste activities in which the State or political 
        subdivision was engaged before the suspension date. The amount 
        and nature of payments described in this paragraph shall be 
        fully disclosed to the public annually.
    ``(g) Interim Contracts.--A contract of the type referred to in 
subsection (a)(3)(C) that was entered into during the period--
            ``(1) before November 10, 1995, and after the effective 
        date of any applicable final court order no longer subject to 
        judicial review specifically invalidating the flow control 
        authority of the applicable State or political subdivision; or
            ``(2) after the applicable State or political subdivision 
        refrained pursuant to legislative or official administrative 
        action from enforcing flow control authority expressly because 
        of the existence of a court order of the type described in 
        subsection (a)(2)(B) issued by a court of the same State or the 
        Federal judicial circuit within which such State is located and 
        before the effective date on which it resumes enforcement of 
        flow control authority after enactment of this section,
shall be fully enforceable in accordance with State law.
    ``(h) Areas With Pre-1984 Flow Control.--
            ``(1) General authority.--A State that on or before January 
        1, 1984--
                    ``(A) adopted regulations under a State law that 
                required or directed transportation, management, or 
                disposal of municipal 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; and
                    ``(B) subjected such waste management facilities to 
                the jurisdiction of a State public utilities 
                commission,
        may exercise flow control authority over municipal solid waste 
        in accordance with the other provisions of this section.
            ``(2) Duration of authority.--The authority to direct 
        municipal solid waste to any facility pursuant to this 
        subsection shall terminate with regard to such facility in 
        accordance with subsection (c).
    ``(i) Effect on Authority of States and Political Subdivisions.--
Nothing in this section shall be interpreted--
            ``(1) to authorize a political subdivision to exercise the 
        flow control authority granted by this section in a manner 
        inconsistent with State law;
            ``(2) to permit the exercise of flow control authority over 
        municipal solid waste and recyclable materials to an extent 
        greater than the maximum volume authorized by State permit to 
        be disposed at the waste management facility or processed at 
        the facility for recyclable materials;
            ``(3) to limit the authority of any State or political 
        subdivision to place a condition on a franchise, license, or 
        contract for municipal solid waste or recyclable materials 
        collection, processing, or disposal; or
            ``(4) to impair in any manner the authority of any State or 
        political subdivision to adopt or enforce any law, ordinance, 
        regulation, or other legally binding provision or official act 
        relating to the movement or processing of municipal solid waste 
        or recyclable materials which does not constitute 
        discrimination against or an undue burden upon interstate 
        commerce.
    ``(j) Effective Date.--The provisions of this section shall take 
effect with respect to the exercise by any State or political 
subdivision of flow control authority on or after the date of enactment 
of this section. Such provisions, other than subsection (d), shall also 
apply to the exercise by any State or political subdivision of flow 
control authority before such date of enactment, except that nothing in 
this section shall affect any final judgment that is no longer subject 
to judicial review as of the date of enactment of this section insofar 
as such judgment awarded damages based on a finding that the exercise 
of flow control authority was unconstitutional.
    ``(k) State Solid Waste District Authority.--In addition to any 
other flow control authority authorized under this section a solid 
waste district or a political subdivision of a State may exercise flow 
control authority for a period of 20 years after the enactment of this 
section, for municipal solid waste and for recyclable materials that is 
generated within its jurisdiction if--
            ``(1) the solid waste district, or a political subdivision 
        within such district, is required through a recyclable 
        materials recycling program to meet a municipal solid waste 
        reduction goal of at least 30 percent by the year 2005, and 
        uses revenues generated by the exercise of flow control 
        authority strictly to implement programs to manage municipal 
        solid waste and recyclable materials, other than incineration 
        programs; and
            ``(2) prior to the suspension date, the solid waste 
        district, or a political subdivision within such district--
                    ``(A) was responsible under State law for the 
                management and regulation of the storage, collection, 
                processing, and disposal of solid wastes within its 
                jurisdiction;
                    ``(B) was authorized by State statute (enacted 
                prior to January 1, 1992) to exercise flow control 
                authority, and subsequently adopted or sought to 
                exercise the authority through a law, ordinance, 
                regulation, regulatory proceeding, contract, franchise, 
                or other legally binding provision; and
                    ``(C) was required by State statute (enacted prior 
                to January 1, 1992) to develop and implement a solid 
                waste management plan consistent with the State solid 
                waste management plan, and the district solid waste 
                management plan was approved by the appropriate State 
                agency prior to September 15, 1994.
    ``(l) Special Rule for Certain Consortia.--For purposes of this 
section, if--
            ``(1) two or more political subdivisions are members of a 
        consortium of political subdivisions established to exercise 
        flow control authority with respect to any waste management 
        facility or facility for recyclable materials;
            ``(2) all of such members have either presented eligible 
        bonds for sale or executed contracts with the owner or operator 
        of the facility requiring use of such facility;
            ``(3) the facility was designated as of the suspension date 
        by at least one of such members;
            ``(4) at least one of such members has met the requirements 
        of subsection (a)(2) with respect to such facility; and
            ``(5) at least one of such members has presented eligible 
        bonds for sale, or entered into a contract or agreement 
        referred to in subsection (a)(3)(C), on or before the 
        suspension date, for such facility,
the facility shall be treated as having been designated, as of May 16, 
1994, by all members of such consortium, and all such members shall be 
treated as meeting the requirements of subsection (a)(2) and (3) with 
respect to such facility.
    ``(m) Recovery of Damages.--
            ``(1) Prohibition.--No damages, interest on damages, costs, 
        or attorneys' fees may be recovered in any claim against any 
        State or local government, or official or employee thereof, 
        based on the exercise of flow control authority on or before 
        May 16, 1994.
            ``(2) Applicability.--Paragraph (1) shall apply to cases 
        commenced on or after the date of enactment of the Solid Waste 
        Interstate Transportation and Local Authority Act of 2001, and 
        shall apply to cases commenced before such date except cases in 
        which a final judgment no longer subject to judicial review has 
        been rendered.
    ``(n) Definitions.--For the purposes of this section--
            ``(1) Adjusted expiration date.--The term `adjusted 
        expiration date' means, with respect to a bond issued for a 
        qualified environmental retrofit, the earlier of the final 
        maturity date of such bond or 15 years after the date of 
        issuance of such bond.
            ``(2) Bond issued for a qualified environmental retrofit.--
        The term `bond issued for a qualified environmental retrofit' 
means a bond described in paragraph (4)(A) or (B), the proceeds of 
which are dedicated to financing the retrofitting of a resource 
recovery facility or a municipal solid waste incinerator necessary to 
comply with section 129 of the Clean Air Act, provided that such 
bond is presented for sale before the expiration date of the bond or 
contract referred to in subsection (a)(3)(A), (B), or (C) that is 
applicable to such facility and no later than December 31, 2001.
            ``(3) Designated.--The term `designated' means identified 
        by a State or political subdivision for receipt of all or any 
        portion of the municipal solid waste or recyclable materials 
        that is generated within the boundaries of the State or 
        political subdivision. Such designation includes designation 
        through--
                    ``(A) bond covenants, official statements, or other 
                official financing documents issued by a State or 
                political subdivision issuing an eligible bond; and
                    ``(B) the execution of a contract of the type 
                described in subsection (a)(3)(C),
        in which one or more specific waste management facilities are 
        identified as the requisite facility or facilities for receipt 
        of municipal solid waste or recyclable materials generated 
        within the jurisdictional boundaries of that State or political 
        subdivision.
            ``(4) Eligible bond.--The term `eligible bond' means--
                    ``(A) a revenue bond or similar instrument of 
                indebtedness pledging payment to the bondholder or 
                holder of the debt of identified revenues; or
                    ``(B) a general obligation bond,
        the proceeds of which are used to finance one or more 
        designated waste management facilities, facilities for 
        recyclable materials, or specifically and directly related 
        assets, development costs, or finance costs, as evidenced by 
        the bond documents.
            ``(5) Flow control authority.--The term `flow control 
        authority' means the regulatory authority to control the 
        movement of municipal solid waste or voluntarily relinquished 
        recyclable materials and direct such solid waste or recyclable 
        materials to one or more designated waste management facilities 
        or facilities for recyclable materials within the boundaries of 
        a State or political subdivision.
            ``(6) Municipal solid waste.--The term `municipal solid 
        waste' has the meaning given that term in section 4011, except 
        that such term--
                    ``(A) includes waste material removed from a septic 
                tank, septage pit, or cesspool (other than from 
                portable toilets); and
                    ``(B) does not include--
                            ``(i) any substance the treatment and 
                        disposal of which is regulated under the Toxic 
                        Substances Control Act;
                            ``(ii) waste generated during scrap 
                        processing and scrap recycling; or
                            ``(iii) construction and demolition debris, 
                        except where the State or political subdivision 
                        had on or before January 1, 1989, issued 
                        eligible bonds secured pursuant to State or 
                        local law requiring the delivery of 
                        construction and demolition debris to a waste 
                        management facility designated by such State or 
                        political subdivision.
            ``(7) Political subdivision.--The term `political 
        subdivision' means a city, town, borough, county, parish, 
        district, or public service authority or other public body 
        created by or pursuant to State law with authority to present 
        for sale an eligible bond or to exercise flow control 
        authority.
            ``(8) Recyclable materials.--The term `recyclable 
        materials' means any materials that have been separated from 
        waste otherwise destined for disposal (either at the source of 
        the waste or at processing facilities) or that have been 
        managed separately from waste destined for disposal, for the 
        purpose of recycling, reclamation, composting of organic 
        materials such as food and yard waste, or reuse (other than for 
        the purpose of incineration). Such term includes scrap tires to 
        be used in resource recovery.
            ``(9) Suspension date.--The term `suspension date' means, 
        with respect to a State or political subdivision--
                    ``(A) May 16, 1994;
                    ``(B) the date of an injunction or other court 
                order described in subsection (a)(2)(B) that was issued 
                with respect to that State or political subdivision; or
                    ``(C) the date of a suspension or partial 
                suspension described in subsection (a)(2)(C) with 
                respect to that State or political subdivision.
            ``(10) Waste management facility.--The term `waste 
        management facility' means any facility for separating, 
        storing, transferring, treating, processing, combusting, or 
        disposing of municipal solid waste.''.
    (b) Table of Contents.--The table of contents for subtitle D of the 
Solid Waste Disposal Act is amended by adding the following new item 
after the item relating to section 4011:

``Sec. 4012. Congressional authorization of State and local government 
                            control over movement of municipal solid 
                            waste and recyclable materials.''.
                                 <all>