[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
     INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT OF 1994

  Mr. SWIFT. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 2345) to amend the Solid Waste 
Disposal Act to provide authority for States to limit the interstate 
transportation of municipal solid waste, and for other purposes, and 
ask for its immediate consideration.
  The Clerk read the title of the Senate bill.
  The SPEAKER. Is there objection to the request of the gentleman from 
Washington?
  Mr. DINGELL. Reserving the right to object, Mr. Speaker, I will not 
object.

                              {time}  2150

  Mr. DINGELL. Mr. Speaker, I reserve the right to object for the 
purpose of paying tribute to the distinguished gentleman from 
Washington [Mr. Swift], and to express my personal gratitude, and I am 
sure the gratitude of all of the members of the Committee on Energy and 
Commerce, and also the Members of the House.
  The distinguished gentleman from Washington State has served his 
State, this Nation, and this institution with great dignity, great 
responsibility, and great merit, and for that we are grateful to him 
and to the people who have sent him to us. He has led the distinguished 
subcommittee which he has managed on the Committee on Energy and 
Commerce with great distinction, and has been responsible for a number 
of significant legislative accomplishments.
  His two great failures were the resolution of railroad strikes. He 
solved them so quickly that no one knew that the strike was going on. 
For that reason, no Member of this body got credit for what it was we 
did in those matters.
  Mr. Speaker, the gentleman from Washington has been a leader in 
dealing with problems involving Superfund, TOSCA, and all of the 
environmental legislation under the jurisdiction of his committee. 
Tonight he brings us, after a difficult period of negotiation involving 
all members on the committee, Members off the committee, and involving 
a number of Members in the House generally, two pieces of important 
legislation which are of great significance, not only to the Governors 
of the several States, to ordinary citizens, and I believe that we owe 
the distinguished gentleman from Washington our appreciation, our 
gratitude, and our respect.
  Mr. DINGELL. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER. Is there objection to the request of the gentleman from 
Washington?
  Mr. MOORHEAD. Mr. Speaker, reserving the right to object, I rise to 
ask the chairman of the subcommittee, the gentleman from Washington 
[Mr. Swift], for one last time, please explain the legislation to the 
House.
  Mr. SWIFT. Mr. Speaker, will the gentleman yield?
  Mr. MOORHEAD. I yield to the gentleman from Washington.
  Mr. SWIFT. Mr. Speaker, both of these bills, which incidentally had 
bipartisan support, are not now before us. This legislation represents 
a compromise agreed to by a number of Members.
  The amendments include language on both the interstate transportation 
of waste and flow control. The House passed its interstate waste bill 
on September 28 by an overwhelming vote. The other body passed S. 2345 
on September 30 by unanimous consent. The House passed flow control on 
a voice vote on September 29.
  This legislation represents an agreement on both interstate and flow 
control among a board range of parties. We in the House have been 
actively consulting with Members of the other body in this agreement, 
and believe it represents a consensus among all interested parties. I 
am not aware that anyone objects to this legislation.
  Mr. MOORHEAD. Mr. Speaker, further reserving the right to object, 
this is a fine piece of legislation. I believe it has been worked out 
so that there is satisfaction from everyone on our side of the House.
  I do wish to join the gentleman from Michigan [Mr. Dingell], our 
chairman, in congratulating you on a fine career here in the House. I 
would say to the gentleman that he has been one of the truly bright 
stars of the House of Representatives. He has done a beautiful job in 
our committee.
  I hope you will have the greatest life in the world back in the State 
of Washington, in that beautiful State. I know you will do a lot of 
important things in the life that is ahead of you. This goes for Paula, 
too. I know you will have a very fruitful group of years ahead of you.
  Mr. SWIFT. Mr. Speaker, if the gentleman will continue to yield, I 
would just like to thank the gentleman from Michigan [Mr. Dingell], the 
chairman of the full committee, and you, the ranking Republican on the 
Committee on Energy and Commerce, and to tell both of you and the House 
what a privilege it has been to serve on this committee for the past 16 
years.
  Mr. RICHARDSON. Mr. Speaker, I am pleased to rise today in strong 
support of the final flow control compromise we have achieved in this 
legislation. As many members now know, flow control authority became a 
complex, controversial issue which required much deliberation and, in 
the end, compromise. I would like to acknowledge the hard work of all 
of those involved in crafting this compromise: the committee and 
subcommittee staff from both sides of the aisle, the personal office 
staff and the business, industry, public interest group and 
environmental group representatives who played an important role in 
brokering a compromise.
  Flow control is not as important an issue as many of the other topics 
that have consumed our time this year. However, it is one issue where 
Congress has exhibited its willingness and ability to identify a 
problem, propose a solution and enact a reasonable compromise designed 
to address that situation. I wish we had been as successful in other 
similar issues this year.
  The flow control provisions we will pass today finally represents a 
true compromise on this most troublesome issue. We have crafted a bill 
which grandfathers all existing, and most planned, flow control 
contracts for a limited time with a provision allowing for 
redesignations and extensions of that authority. That issue was never 
in doubt, all sides have always agreed that some sort of a 
``grandfather'' was necessary to insure that current, or imminent 
planned flow control authorities were still valid. Where we did not 
agree until today, was on the issue of prospective, or future flow 
control authority. With this package we have agreed that future flow 
control authority is not appropriate in the absence of a comprehensive 
debate on the Resource Conservation and Recovery Act.
  Mr. Speaker, we could debate the finer points of this grandfather. We 
could all suggest changes to specific provisions of this compromise 
that we may not be comfortable with. Although this compromise 
represents several significant concessions towards the language 
contained in the Richardson-Fields amendment which was previously 
considered on the House floor, I could suggest several areas where a 
tightening of the grandfather provisions would benefit taxpayer 
protection and environmental protections.
  But, we do not have the luxury of time. And our constituents, the 
taxpayers, local governments, small businesses, industries and others 
who are dependent on our extension of this authority do not have the 
luxury of time. If we are serious about wanting to address these 
concerns in a responsible way then we must move forward with this bill 
now. This bill is a significant improvement on the one passed by the 
House earlier this year, and in fact, contains several provisions from 
the Richardson-Fields amendment which ensures that this new package is 
more sensitive to environmental, economic and free market concerns.
  Mr. Speaker, my colleagues are familiar with my record in opposition 
to the spread of garbage incinerators. In conjunction with Mr. Towns of 
New York, I introduced an incinerator moratorium bill this year which 
garnered nearly 100 bipartisan cosponsors. Although we were unable to 
act on that legislation, I believe this package is a significant step 
forward in the fight against incineration because by not allowing 
future flow control authority we are not allowing new garbage 
incinerators to be built. This is a small victory, but an important 
one, and I would like to say to my colleagues that we will revisit this 
issue in the next Congress, hopefully in the context of a comprehensive 
examination of the Resource Conservation Recovery Act.
  In conclusion, I would like to recognize the fine leadership of my 
colleagues Chairman Swift, Mr. Fields, Mr. Pallone, Ms. Lambert, Mr. 
McMillan, Mr. Upton, Mr. Bliley, and the many others who have been 
instrumental in crafting this package and moving it through to passage 
tonight. I urge my colleagues to support this reasonable compromise and 
I look forward to its enactment into law.
  Mr. MOORHEAD. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER. Is there objection to the request of the gentleman from 
Washington?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 2345

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Interstate Transportation of 
     Municipal Solid Waste Act of 1994''.

     SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

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


          ``INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE

       ``Sec. 4011. (a) Authority To Restrict Out-of-State 
     Municipal Solid Waste.--(1) Except as provided in paragraph 
     (4), immediately upon the date of enactment of this section 
     if requested in writing by an affected local government, a 
     Governor may prohibit the disposal of out-of-State municipal 
     solid waste in any landfill or incinerator that is not 
     covered by the exceptions provided in subsection (b) and that 
     is subject to the jurisdiction of the Governor and the 
     affected local government.
       ``(2) Except as provided in paragraph (4), immediately upon 
     the date of publication of the list required in paragraph 
     (6)(D) and notwithstanding the absence of a request in 
     writing by the affected local government, a Governor, in 
     accordance with paragraph (5), may limit the quantity of out-
     of-State municipal solid waste received for disposal at each 
     landfill or incinerator covered by the exceptions provided in 
     subsection (b) that is subject to the jurisdiction of the 
     Governor, to an annual amount equal to the quantity of out-
     of-State municipal solid waste received for disposal at such 
     landfill or incinerator during calendar year 1993.
       ``(3)(A) Except as provided in paragraph (4), immediately 
     upon the date of publication of the list required in 
     paragraph (6)(E), and notwithstanding the absence of a 
     request in writing by the affected local government, a 
     Governor, in accordance with paragraph (5), may prohibit the 
     disposal of out-of-State municipal solid waste, at any 
     landfill or incinerator covered by the exceptions in 
     subsection (b) that is subject to the jurisdiction of the 
     Governor, generated in any State that is determined by the 
     Administrator under paragraph (6)(E) as having exported, to 
     landfills or incinerators not covered by host community 
     agreements, more than--
       ``(i) 3.5 million tons of municipal solid waste in calendar 
     year 1995;
       ``(ii) 3.0 million tons of municipal solid waste in each of 
     calendar years 1996 and 1997;
       ``(iii) 2.5 million tons of municipal solid waste in each 
     of calendar years 1998 and 1999;
       ``(iv) 1.5 million tons of municipal solid waste in each of 
     calendar years 2000 and 2001; and
       ``(v) 1.0 million tons of municipal solid waste in calendar 
     year 2002 and each year thereafter.
       ``(B) No State may export more than 1.4 million tons of 
     municipal solid waste to any one State in calendar year 1995 
     or 90 percent of the 1993 levels exported to a State, 
     whichever is greater, 1.3 million tons in 1996 or 90 percent 
     of the 1995 levels exported to a State, whichever is greater, 
     1.2 million tons in 1997 or 90 percent of the 1996 levels 
     exported to a State, whichever is greater, 1.1 million tons 
     in 1998 or 90 percent of the 1997 levels exported to a State, 
     whichever is greater, 1 million tons in 1999, 800,000 tons in 
     2000, and 600,000 tons in 2001 and each year thereafter, to 
     landfills or incinerators not covered by host community 
     agreements. Governors of importing States may restrict levels 
     of imports to reflect the appropriate level of out-of-State 
     municipal solid waste imports if--
       ``(i) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator 12 
     months prior to enforcement of the importing State's 
     intention to impose the requirements of this section;
       ``(ii) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator of the 
     violation by the exporting State of this section at least 90 
     days prior to the enforcement of this section; and
       ``(iii) the restrictions imposed by the Governor of the 
     importing State must be uniform at all facilities.
       ``(C) The authority provided by subparagraphs (A) and (B) 
     shall apply for as long as a State exceeds the permissible 
     levels as determined by the Administrator under paragraph 
     (6)(E).
       ``(4)(A) A Governor may not exercise the authority granted 
     under this section if such action would result in the 
     violation of, or would otherwise be inconsistent with, the 
     terms of a host community agreement or a permit issued from 
     the State to receive out-of-State municipal solid waste.
       ``(B) Except as provided in paragraph (3), a Governor may 
     not exercise the authority granted under this section in a 
     manner that would require any owner or operator of a landfill 
     or incinerator covered by the exceptions provided in 
     subsection (b) to reduce the amount of out-of-State municipal 
     solid waste received from any State for disposal at such 
     landfill or incinerator to an annual quantity less than the 
     amount received from such State for disposal at such landfill 
     or incinerator during calendar year 1993.
       ``(5) Any limitation imposed by a Governor under paragraph 
     (2) or (3)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of State of origin and all such limitations shall be 
     applied to all States in violation of paragraph (3).
       ``(6)(A)(i) Any Governor who intends to exercise the 
     authority provided in paragraph (2) or (3) shall, within 120 
     days after the date of enactment of this section, and on the 
     same day of each year thereafter, submit to the Administrator 
     information documenting the State of origin and the quantity 
     of out-of-State municipal solid waste received for disposal 
     at landfills and incinerators covered by the exceptions 
     provided in subsection (b) in the State of such Governor 
     during calendar year 1993.
       ``(ii) The Administrator is authorized and directed to 
     collect such additional information in addition to what is 
     submitted under clause (i) as may be necessary to determine 
     if the level of exports of municipal solid waste by any State 
     exceeds the level established in subparagraph (A) or (B) of 
     paragraph (3).
       ``(B) On receipt of the information submitted or collected 
     pursuant to subparagraph (A), the Administrator shall notify 
     the Governor of each such State and the Governors of States 
     with exports that exceed the level of exports of municipal 
     solid waste established in subparagraph (A) or (B) of 
     paragraph (3) and shall publish notice and shall provide a 
     comment period of not less than 30 days.
       ``(C) Not later than 60 days after receipt of information 
     from a Governor, and any additional information obtained by 
     the Administrator, under subparagraph (A), the Administrator 
     shall determine the quantity of out-of-State municipal solid 
     waste that was received for disposal in the State during 
     calendar year 1993, the State of origin and the total amount 
     of municipal solid waste exports from each State that exceeds 
     the level established in subparagraph (A) or (B) of paragraph 
     (3), and the quantity of out-of-State municipal solid waste 
     received for disposal at landfills and incinerators covered 
     by the exceptions provided in subsection (b) in the State of 
     such Governor during calendar year 1993. The Administrator 
     shall publish a public notice and shall provide direct 
     notification to each of the Governors of all States affected 
     by this determination, for each such State for which the 
     determination is made. A determination by the Administrator 
     under this subparagraph shall be final and not subject to 
     judicial review.
       ``(D) Not later than 180 days after the date of enactment 
     of this section, the Administrator shall publish a list of 
     the quantity of out-of-State municipal solid waste that was 
     received during calendar year 1993 at each landfill and 
     incinerator covered by the exceptions provided in subsection 
     (b) for disposal in each State in which the Governor intends 
     to exercise the authority provided in paragraph (2) or (3), 
     as determined in accordance with subparagraph (C).
       ``(E) Not later than March 1, 1996, and on March 1 of each 
     year thereafter, the Administrator shall publish a list of 
     States that the Administrator has determined have exported 
     out of State an amount of municipal solid waste in excess of 
     3.5 million tons in calendar year 1995, 3.0 million tons in 
     each of calendar years 1996 and 1997, 2.5 million tons in 
     each of calendar years 1998 and 1999, 1.5 million tons in 
     each of calendar years 2000 and 2001, and 1.0 million tons in 
     calendar year 2002 and each year thereafter, as determined in 
     accordance with subparagraph (C).
       ``(F) Not later than March 1 of each year after the date of 
     enactment of this section, or as required by State law, the 
     owner or operator of each landfill or incinerator receiving 
     out-of-State municipal solid waste shall submit to the 
     Governor of the State in which the landfill or incinerator is 
     located information specifying, by State of origin, the 
     amount of out-of-State municipal solid waste received for 
     disposal during the preceding year. Each year the Governor of 
     a State who intends to exercise the authority provided in 
     paragraph (2) or (3) shall publish and make available to the 
     public a report containing information on the amount of out-
     of-State municipal solid waste received for disposal in the 
     State during the preceding year.
       ``(7) Any affected local government that intends to submit 
     a request under paragraph (1) or take formal action on a host 
     community agreement shall, prior to taking such action--
       ``(A) notify the Governor, contiguous local governments, 
     and any contiguous Indian tribes;
       ``(B) publish notice of the action in a newspaper of 
     general circulation at least 30 days before taking such 
     action;
       ``(C) provide an opportunity for public comment; and
       ``(D) following notice and comment, take formal action on 
     any proposed request or action at a public meeting.
       ``(8) Any owner or operator seeking a host community 
     agreement shall provide to the affected local government the 
     following information, which shall be made available to the 
     public from the affected local government:
       ``(A) A brief description of the planned facility, 
     including a description of the facility size, ultimate waste 
     capacity, and anticipated monthly and yearly waste quantities 
     to be handled.
       ``(B) A map of the facility site that indicates the 
     location of the facility in relation to the local road system 
     and topographical and hydrological features and any buffer 
     zones and facility units to be acquired by the owner or 
     operator of the facility.
       ``(C) A description of the existing environmental 
     conditions at the site, and any violations of applicable laws 
     or regulations.
       ``(D) A description of environmental controls to be 
     utilized at the facility.
       ``(E) A description of the site access controls to be 
     employed, and roadway improvements to be made, by the owner 
     or operator, and an estimate of the timing and extent of 
     increased local truck traffic.
       ``(b) Exceptions to Authority To Prohibit Out-of-State 
     Municipal Solid Waste.--(1) The authority to prohibit the 
     disposal of out-of-State municipal solid waste provided under 
     subsection (a)(1) shall not apply to landfills and 
     incinerators in operation on the date of enactment of this 
     section that--
       ``(A) received during calendar year 1993 documented 
     shipments of out-of-State municipal solid waste; and
       ``(B)(i) in the case of landfills, are in compliance with 
     all applicable Federal and State laws and regulations 
     relating to operation, design and location standards, 
     leachate collection, ground water monitoring, and financial 
     assurance for closure and post-closure and corrective action; 
     or
       ``(ii) in the case of incinerators, are in compliance with 
     the applicable requirements of section 129 of the Clean Air 
     Act (42 U.S.C. 7429) and applicable State laws and 
     regulations relating to facility design and operations.
       ``(2) A Governor may not prohibit the disposal of out-of-
     State municipal solid waste pursuant to subsection (a)(1) at 
     facilities described in this subsection that are not in 
     compliance with applicable Federal and State laws and 
     regulations unless disposal of municipal solid waste 
     generated within the State at such facilities is also 
     prohibited.
       ``(c) Additional Authority To Limit Out-of-State Municipal 
     Solid Waste.--(1) In any case in which an affected local 
     government is considering entering into, or has entered into, 
     a host community agreement and the disposal or incineration 
     of out-of-State municipal solid waste under such agreement 
     would preclude the use of municipal solid waste management 
     capacity described in paragraph (2), the Governor of the 
     State in which the affected local government is located may 
     prohibit the execution of such host community agreement with 
     respect to that capacity.
       ``(2) The municipal solid waste management capacity 
     referred to in paragraph (1) is that capacity--
       ``(A) that is permitted under Federal or State law;
       ``(B) that is identified under the State plan; and
       ``(C) for which a legally binding commitment between the 
     owner or operator and another party has been made for its use 
     for disposal or incineration of municipal solid waste 
     generated within the region (identified under section 
     4006(a)) in which the local government is located.
       ``(d) Savings Clause.--Nothing in this section shall be 
     interpreted or construed--
       ``(1) to have any effect on State law relating to 
     contracts; or
       ``(2) to affect the authority of any State or local 
     government to protect public health and the environment 
     through laws, regulations, and permits, including the 
     authority to limit the total amount of municipal solid waste 
     that landfill or incinerator owners or operators within the 
     jurisdiction of a State may accept during a prescribed 
     period, provided that such limitations do not discriminate 
     between in-State and out-of-State municipal solid waste, 
     except to the extent authorized by this section.
       ``(e) Definitions.--As used in this section:
       ``(1)(A) The term `affected local government', used with 
     respect to a landfill or incinerator, means--
       ``(i) the public body created by State law with 
     responsibility to plan for municipal solid waste management, 
     a majority of the members of which are elected officials, for 
     the area in which the facility is located or proposed to be 
     located; or
       ``(ii) the elected officials of the city, town, township, 
     borough, county, or parish exercising primary responsibility 
     over municipal solid waste management or the use of land in 
     the jurisdiction in which the facility is located or is 
     proposed to be located.
       ``(B)(i) Within 90 days after the date of enactment of this 
     section, a Governor may designate and publish notice of which 
     entity listed in clause (i) or (ii) of subparagraph (A) shall 
     serve as the affected local government for actions taken 
     under this section and after publication of such notice.
       ``(ii) If a Governor fails to make such a designation, the 
     affected local government shall be the elected officials of 
     the city, town, township, borough, county, parish, or other 
     public body created pursuant to State law with primary 
     jurisdiction over the land or the use of land on which the 
     facility is located or is proposed to be located.
       ``(C) For purposes of host community agreements entered 
     into before the date of publication of the notice, the term 
     means either a public body described in subparagraph (A)(i) 
     or the elected officials of any of the public bodies 
     described in subparagraph (A)(ii).
       ``(2)(A) The term `host community agreement' means, with 
     respect to any agreement entered into on or after June 23, 
     1994, a written, legally binding document or documents 
     executed by duly authorized officials of the affected local 
     government that expressly authorizes a landfill or 
     incinerator to receive specified amounts of municipal solid 
     waste generated out of State.
       ``(B) The term `host community agreement' means, with 
     respect to any agreement entered into before June 23, 1994, a 
     written, legally binding document or documents executed by 
     duly authorized officials of the affected local government 
     expressly authorizing a landfill or incinerator to receive 
     municipal solid waste generated out of State, but does not 
     include any agreement to pay host community fees for receipt 
     of waste unless additional express authorization to receive 
     out-of-State municipal solid waste is also included. For 
     purposes of a host community agreement entered into before 
     June 23, 1994, such agreement may use a term other than `out-
     of-State', provided that any alternative term or terms 
     evidence the approval or consent of the affected local 
     government for receipt of municipal solid waste from sources 
     or locations outside the State in which the landfill or 
     incinerator is located or is proposed to be located.
       ``(3) The term `out-of-State municipal solid waste' means, 
     with respect to any State, municipal solid waste generated 
     outside of the State. To the extent that the President 
     determines it is consistent with the North American Free 
     Trade Agreement and the General Agreement on Tariffs and 
     Trade, the term shall include municipal solid waste generated 
     outside of the United States.
       ``(4) The term `municipal solid waste' means refuse (and 
     refuse-derived fuel) generated by the general public or from 
     a residential, commercial, institutional, or industrial 
     source (or any combination thereof), consisting of paper, 
     wood, yard wastes, plastics, leather, rubber, or other 
     combustible or noncombustible materials such as metal or 
     glass (or any combination thereof). The term `municipal solid 
     waste' does not include--
       ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001, or any solid waste containing 
     polychlorinated biphenyls regulated under the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.);
       ``(B) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
       ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal solid waste (as otherwise defined in this 
     paragraph) and has been transported into a State for the 
     purpose of recycling or reclamation;
       ``(D) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator of the waste, or is located on property owned 
     by a company with which the generator is affiliated;
       ``(E) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(F) any industrial waste that is not identical to 
     municipal solid waste (as otherwise defined in this 
     paragraph) with respect to the physical and chemical state of 
     the industrial waste, and composition, including construction 
     and demolition debris;
       ``(G) any medical waste that is segregated from or not 
     mixed with municipal solid waste (as otherwise defined in 
     this paragraph); or
       ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(5) The term `compliance' means a pattern or practice of 
     adhering to and satisfying standards and requirements 
     promulgated by the Federal or a State government for the 
     purpose of preventing significant harm to human health and 
     the environment. Actions undertaken in accordance with 
     compliance schedules for remediation established by Federal 
     or State enforcement authorities shall be considered 
     compliance for purposes of this section.''.

     SEC. 3. TABLE OF CONTENTS AMENDMENT.

       The table of contents in section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
     the end of the items relating to subtitle D the following new 
     item:

``Sec. 4011. Interstate transportation of municipal solid waste.''.


                amendment in the nature of a substitute

  Mr. SWIFT. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Swift: Strike all after the enacting clause and insert in 
     lieu thereof the following:
                       TITLE I--INTERSTATE WASTE

     SEC. 101. SHORT TITLE.

       This Act may be cited as the ``State and Local Government 
     Interstate Waste Control Act of 1994''.

     SEC. 102. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL 
                   SOLID WASTE.

       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. INTERSTATE TRANSPORTATION AND DISPOSAL OF 
                   MUNICIPAL SOLID WASTE.

       ``(a) Restriction on Receipt of Out-Of-State Waste.--
       ``(1) In general.--(A) Effective January 1, 1995, a 
     landfill or incinerator in a State may not receive for 
     disposal or incineration any out-of-State municipal solid 
     waste unless the owner or operator of such landfill or 
     incinerator obtains explicit authorization (as part of a host 
     community agreement) from the affected local government to 
     receive the waste.
       ``(B) An authorization granted pursuant to subparagraph (A) 
     shall--
       ``(i) be granted by formal action at a meeting;
       ``(ii) be recorded in writing in the official record of the 
     meeting; and
       ``(iii) remain in effect according to its terms.
       ``(C) An authorization granted pursuant to subparagraph (A) 
     may specify terms and conditions, including an amount of out-
     of-State waste that an owner or operator may receive and the 
     duration of the authorization.
       ``(D) Promptly, but not later than 90 days after such an 
     authorization is granted, the affected local government shall 
     notify the Governor, contiguous local governments, and any 
     contiguous Indian tribes of an authorization granted under 
     this subsection.
       ``(2) Information.--Prior to seeking an authorization to 
     receive out-of-State municipal solid waste pursuant to this 
     subsection, the owner or operator of the facility seeking 
     such authorization shall provide (and make readily available 
     to the Governor, each contiguous local government and Indian 
     tribe, and any other interested person for inspection and 
     copying) the following information:
       ``(A) A brief description of the facility, including, with 
     respect to both the facility and any planned expansion of the 
     facility, the size, ultimate waste capacity, and the 
     anticipated monthly and yearly quantities (expressed in terms 
     of volume) of waste to be handled.
       ``(B) A map of the facility site indicating location in 
     relation to the local road system and topography and 
     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 (including identification of private wells 
     and public drinking water sources), and a discussion of 
     alterations that may be necessitated by, or occur as a result 
     of, the facility.
       ``(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.
       ``(3) Notification.--Prior to taking formal action with 
     respect to granting authorization to receive out-of-State 
     municipal solid waste pursuant to this subsection, an 
     affected local government shall--
       ``(A) notify the Governor, contiguous local governments, 
     and any contiguous Indian tribes;
       ``(B) publish notice of the action in a newspaper of 
     general circulation at least 30 days before holding a hearing 
     and again at least 15 days before holding the hearing, 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.
       ``(b) Annual State Report.--
       ``(1) In general.--Each year the owner or operator of each 
     landfill or incinerator receiving out-of-State municipal 
     solid waste shall submit to the affected local government and 
     to the Governor of the State in which the landfill or 
     incinerator is located information specifying the amount 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. Each year the owner or operator of each landfill or 
     incinerator receiving out-of-State municipal solid waste 
     shall also submit to the Governor of the State of origin of 
     such waste, and to the Administrator, information specifying 
     the amount of out-of-State municipal solid waste received for 
     disposal by the owner or operator during the preceding year 
     from such State of origin. The submissions under this 
     paragraph by any owner or operator shall all be made at the 
     same time.
       ``(2) Contents.--Each submission referred to in this 
     subsection shall be such as would result in criminal 
     penalties in case of false or misleading information. Such 
     submission shall include the amount of waste received, place 
     of origin, including the identity of the generator, date of 
     shipment, and type of waste.
       ``(3) List.--The Administrator shall publish a list of 
     States that the Administrator has determined have exported 
     out of State an amount of municipal solid waste in excess of 
     3.5 million tons in calendar year 1995, 3.0 million tons in 
     each of calendar years 1996 and 1997, 2.5 million tons in 
     each of calendar years 1998 and 1999, 1.5 million tons in 
     each of calendar years 2000 and 2001, and 1.0 million tons in 
     calendar year 2002 and each year thereafter. The list for any 
     calendar year shall be published by March 1 of the following 
     calendar year.
       ``(4) Savings provision.--Nothing in this subsection shall 
     be construed to preempt any State requirement that requires 
     more frequent reporting of information.
       ``(c) Freeze.--
       ``(1) Annual amount.--(A) Except as provided in paragraph 
     (2) and unless it would result in a violation of, or be 
     inconsistent with, a host community agreement or permit 
     specifically authorizing the owner or operator of a landfill 
     or incinerator to accept out-of-State muncipal solid waste at 
     such landfill or incinerator, and notwithstanding the absence 
     of a request in writing by the affected local government, a 
     Governor, in accordance with paragraph (3), may limit the 
     quantity of out-of-State municipal solid waste received for 
     disposal at each landfill or incinerator covered by the 
     exceptions provided in subsection (e) that is subject to the 
     jurisdiction of the Governor, to an annual amount equal to 
     the quantity of out-of-State municipal solid waste received 
     for disposal at such landfill or incinerator during calendar 
     year 1993.
       ``(B) At the request of an affected local government that 
     has not executed a host community agreement, the Governor may 
     limit the amount of out-of-State municipal solid waste 
     received annually for disposal at the landfill or incinerator 
     concerned to the amount described in subparagraph (A). 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.
       ``(2) Limitation on governor's authority.--A Governor may 
     not exercise the authority granted under this subsection in a 
     manner that would require any owner or operator of a landfill 
     or incinerator covered by the exceptions provided in 
     subsection (e) to reduce the amount of out-of-State municipal 
     solid waste received from any State for disposal at such 
     landfill or incinerator to an annual quantity less than the 
     amount received from such State for disposal at such landfill 
     or incinerator during calendar year 1993.
       ``(3) Uniformity.--Any limitation imposed by a Governor 
     under paragraph (1)(A)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of State of origin.
       ``(d) Ratchet.--
       ``(1) In general.--Unless it would result in a violation 
     of, or be inconsistent with, a host community agreement or 
     permit specifically authorizing the owner or operator of a 
     landfill or incinerator to accept out-of-State municipal 
     solid waste at such landfill or incinerator, immediately upon 
     the date of publication of the list required under subsection 
     (b)(3), and notwithstanding the absence of a request in 
     writing by the affected local government, a Governor, in 
     accordance with paragraph (4), may prohibit the disposal of 
     out-of-State municipal solid waste, at any landfill or 
     incinerator covered by the exceptions in subsection (e) that 
     is subject to the jurisdiction of the Governor, generated in 
     any State that is determined by the Administrator under 
     subsection (b)(3) as having exported, to landfills or 
     incinerators not covered by host community agreements, more 
     than any of the following:
       ``(A) 3.5 million tons of municipal solid waste in calendar 
     year 1995.
       ``(B) 3.0 million tons of municipal solid waste in calendar 
     year 1996.
       ``(C) 3.0 million tons of municipal solid waste in calendar 
     year 1997.
       ``(D) 2.5 million tons of municipal solid waste in calendar 
     year 1998.
       ``(E) 2.5 million tons of municipal solid waste in calendar 
     year 1999.
       ``(F) 1.5 million tons of municipal solid waste in calendar 
     year 2000.
       ``(G) 1.5 million tons of municipal solid waste in calendar 
     year 2001.
       ``(H) 1.0 million tons of municipal solid waste in calendar 
     year 2002.
       ``(I) 1.0 million tons of municipal solid waste in each 
     calendar year after 2002.
       ``(2) Additional export limits.--No State may export to any 
     one State more than 1.4 million tons of municipal solid waste 
     in calendar year 1995 or 90 percent of the 1993 levels 
     exported to a State, whichever is greater, 1.3 million tons 
     in 1996 or 90 percent of the 1995 levels exported to a State, 
     whichever is greater, 1.2 million tons in 1997 or 90 percent 
     of the 1996 levels exported to a State, whichever is greater, 
     1.1 million tons in 1998 or 90 percent of the 1997 levels 
     exported to a State, whichever is greater, 1 million tons in 
     1999, 800,000 tons in 2000, and 600,000 tons in 2001 and each 
     year thereafter, to landfills or incinerators not covered by 
     host community agreements. Governors of importing States may 
     restrict levels of imports to reflect the level of out-of-
     State municipal solid waste imports referred to in the 
     preceding sentence if--
       ``(A) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator 12 
     months prior to enforcement of the importing State's 
     intention to impose the requirements of this section;
       ``(B) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator of the 
     violation by the exporting State of this section at least 90 
     days prior to the enforcement of this section; and
       ``(C) the restrictions imposed by the Governor of the 
     importing State are uniform at all facilities within the 
     State receiving municipal solid waste from the exporting 
     State.
       ``(3) Duration.--The authority provided by paragraph (1) or 
     (2) or both shall apply for as long as a State exceeds the 
     levels allowable under paragraph (1) or (2), as the case may 
     be.
       ``(4) Uniformity.--Any restriction imposed by a State under 
     paragraph (1) or (2)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of State of origin, in the case of States in violation 
     of paragraph (1) or (2).
       ``(e) Authorization not Required for Certain Facilities.--
       ``(1) In general.--The prohibition on the disposal of out-
     of-State municipal solid waste under subsection (a)(1) shall 
     not apply to landfills and incinerators in operation on the 
     date of enactment of this section that received during 
     calendar year 1993 documented shipments of out-of-State 
     municipal solid waste.
       ``(2) Availability of documentation.--The owner or operator 
     of a landfill or incinerator that is exempt under paragraph 
     (1) of this subsection from the requirements of subsection 
     (a) shall provide to the State and affected local government, 
     and make available for inspection by the public in the 
     affected local community, a copy of the host community 
     agreement or other documentation required under paragraph 
     (1). The owner or operator may omit from such copy or other 
     documentation any proprietary information, but shall ensure 
     that at least the following information is apparent: the 
     volume of out-of-State municipal solid waste received, the 
     place of origin of the waste, and the duration of any 
     relevant contract.
       ``(3) Denied or revoked permits.--A landfill or incinerator 
     may not receive for disposal or incineration out-of-State 
     municipal solid waste in the absence of a host community 
     agreement if the operating permit or license 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.
       ``(4) Waste within bi-state metropolitan statistical 
     areas.--The owner or operator of a landfill or incinerator in 
     a State may receive out-of-State municipal solid waste 
     without obtaining authorization under subsection (a) from the 
     affected local government if the out-of-State waste is 
     generated within, and the landfill or incinerator is located 
     within, the same bi-State level A metropolitan statistical 
     area (as defined by the Office of Management and Budget and 
     as listed by the Office of Management and Budget as of the 
     date of enactment of this section) that contains two 
     contiguous major cities each of which is in a different 
     State.
       ``(f) Needs Determination.--Any comprehensive solid waste 
     management plan adopted by an affected local government 
     pursuant to Federal or State law may take into account local 
     and regional needs for solid waste disposal capacity. Any 
     implementation of such plan through the State permitting 
     process may take into account local and regional needs for 
     solid waste disposal capacity only in a manner that is not 
     inconsistent with the provisions of this section. Nothing in 
     this subsection shall be construed to prohibit or preclude 
     any State government or solid waste management district, as 
     defined under State law from requiring any affected local 
     government to site, construct, or modify any solid waste 
     facility.
       ``(g) Cost Recovery Surcharge.--
       ``(1) Authority.--Both of the States directly affected by 
     the decision of the Supreme Court in the case of Oregon Waste 
     Systems, Inc. v. Department of Environmental Quality, 114 S. 
     Ct. 1345 (1994) may impose and collect a cost recovery 
     surcharge on the combustion or disposal in a landfill or 
     incinerator of out-of-State municipal solid waste in such 
     State.
       ``(2) Limitation.--During the period beginning on the date 
     of enactment of this section and ending on December 31, 1996, 
     no such State may impose or collect a cost recovery surcharge 
     from a facility on any out-of-State municipal solid waste 
     that meets both of the following conditions:
       ``(A) The waste is being received at the facility under one 
     or more contracts entered into before the date of enactment 
     of this section.
       ``(B) The amount of waste being received in a calendar year 
     under the contract or contracts does not exceed the amount of 
     waste received at the facility during calendar year 1993.
       ``(3) 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 
     (5) and in no event may exceed $2 per ton of waste.
       ``(4) Use of surcharge collected.--All cost recovery 
     surcharges collected by a State covered by this subsection 
     shall be used to fund those solid waste management programs 
     administered by the State or its political subdivisions that 
     incur costs for which the surcharge is collected.
       ``(5) Conditions.--(A) Subject to subparagraphs (B) and 
     (C), a State covered by this subsection may impose and 
     collect a cost recovery surcharge on the 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 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 subparagraph (A) 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 recovered by any other fee or 
     tax assessed against the generation, transportation, 
     treatment, 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).
       ``(6) Burden of proof.--In any proceeding in which a State 
     invokes this subsection to justify a cost recovery surcharge 
     on the combustion or disposal within the State of out-of-
     State municipal solid waste, the State shall bear the burden 
     of establishing that the cost recovery surcharge satisfies 
     the conditions set forth in paragraph (5).
       ``(h) 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.
       ``(i) Construction and Demolition Waste.--
       ``(1) Limit.--Any State may establish, pursuant to this 
     paragraph, a limit on the amount of out-of-State construction 
     and demolition waste for disposal at landfills in the State. 
     A limit under this paragraph may be imposed consistent with 
     each of the following:
       ``(A) By January 1, 1996, each State seeking to limit under 
     this paragraph the receipt of out-of-State construction and 
     demolition waste shall establish and implement a mechanism 
     for measuring the amount of construction and demolition waste 
     generated within the State, disposed of within the State, 
     imported into the State and exported for disposal.
       ``(B) By March 1, 1998, each State seeking to limit under 
     this paragraph the receipt of construction and demolition 
     waste shall establish the amount of out-of-State construction 
     and demolition waste received during calendar year 1996 and 
     1997 and report the tonnage received to the Governor of each 
     exporting State.
       ``(2) Amount.--For each calendar year beginning after 
     January 1, 1998, the amount of out-of-State construction and 
     demolition waste received at any facility within an importing 
     State may be limited to the average of the amounts received 
     in calendar years 1996 and 1997.
       ``(3) Definition.--For purposes of this subsection, the 
     term `construction and demolition waste' means debris 
     resulting from construction, remodeling, repair, or 
     demolition of structures other than debris that is not 
     otherwise commingled with other municipal solid waste and has 
     been determined by the generator, to be contaminated. For 
     purposes of determining whether any such debris is 
     contaminated, the generator shall conduct representative 
     sampling and analysis of such debris, the results of which 
     shall be submitted to the affected local government for 
     recordkeeping purposes only, unless not required by the 
     affected local government. Any such debris that has been 
     determined to be contaminated shall be disposed of in a 
     landfill that meets, at a minimum, the requirements of this 
     subtitle.
       ``(j) Savings Clause.--Nothing in this section shall be 
     interpreted or construed to have any effect on State law 
     relating to contracts.
       ``(k) Definitions.--As used in this section:
       ``(1) Affected local government.--(A) For any landfill or 
     incinerator, the term `affected local government' means--
       ``(i) 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 
     the landfill or incinerator is located or proposed to be 
     located; or
       ``(ii) if there is no such body created by State law--
       ``(I) the elected officials of the city, town, township, 
     borough, county, or parish selected by the Governor and 
     exercising primary responsibility over municipal solid waste 
     management or the use of land in the jurisdiction in which 
     the facility is located or is proposed to be located; or
       ``(II) if a Governor fails to make a selection under 
     subclause (I), and publish a notice regarding the selection, 
     within 90 days after the date of enactment of this section, 
     the elected officials of the city, town, township, borough, 
     county, parish, or other public body created pursuant to 
     State law with primary jurisdiction over the land or the use 
     of land on which the facility is located or is proposed to be 
     located.

     The Governor shall publish a notice regarding the selection 
     described in clause (ii).
       ``(B) Notwithstanding subparagraph (A), for purposes of 
     host community agreements entered into before the date of 
     enactment of this section (or before the date of publication 
     of notice, in the case of subparagraph (A)(ii)), the term 
     shall mean either the public body described in clause (i) or 
     the elected officials of the city, town, township, borough, 
     county, or parish exercising primary responsibility for the 
     use of land on which the facility is located or proposed to 
     be located.
       ``(C) Two or more Governors of adjoining States may use the 
     authority provided in section 1005(b) to enter into an 
     agreement under which contiguous units of local government 
     located in each of the adjoining States may act jointly as 
     the affected local government for purposes of providing 
     authorization under subsection (a) for municipal solid waste 
     generated in one of such counties and received for disposal 
     or incineration in another.
       ``(2) Host community agreement.--The term `host community 
     agreement' means a written, legally binding document or 
     documents executed by duly authorized officials of the 
     affected local government that specifically authorizes a 
     landfill or incinerator to receive municipal solid waste 
     generated out-of-State, but does not include any agreement to 
     pay host community fees for receipt of waste unless 
     additional express authorization to receive out-of-State 
     municipal solid waste is also included.
       ``(3) Municipal solid waste.--The term `municipal solid 
     waste' means refuse (and refuse-derived fuel) generated by 
     the general public, from a residential source, or from a 
     commercial, institutional, or industrial source (or any 
     combination thereof) to the extent such waste is essentially 
     the same as waste normally generated by households or was 
     collected and disposed of with other municipal solid waste as 
     part of normal municipal solid waste collection services, and 
     regardless of when generated, would be considered 
     conditionally exempt small quantity generator waste under 
     section 3001(d), such as paper, food, wood, yard wastes, 
     plastics, leather, rubber, appliances, or other combustible 
     or noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal solid waste' does 
     not include any of the following:
       ``(A) Any solid waste identified or listed as a hazardous 
     waste under section 3001.
       ``(B) Any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act.
       ``(C) 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.
       ``(D) Any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator of the waste, or is located on property owned 
     by a company with which the generator is affiliated.
       ``(E) Any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation.
       ``(F) 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.
       ``(G) 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.
       ``(H) Any medical waste that is segregated from or not 
     mixed with municipal solid waste (as otherwise defined in 
     this paragraph).
       ``(I) Any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(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. 
     Unless the President determines it is not consistent with the 
     North American Free Trade Agreement and the General Agreement 
     on Tariffs and Trade, the term shall include municipal solid 
     waste generated outside of the United States.
       ``(5) Specifically authorized.--The term `specifically 
     authorizes' refers to an explicit authorization, contained in 
     a host community agreement or permit, to import waste from 
     outside the State. Such authorization may include a reference 
     to a fixed radius surrounding the landfill or incinerator 
     that includes an area outside the State or a reference to 
     `any place of origin', reference to specific places outside 
     the State, or use of such phrases as `regardless of origin' 
     or `outside the State'. The language for such authorization 
     may vary as long as it clearly and affirmatively states the 
     approval or consent of the affected local government or State 
     for receipt of municipal solid waste from sources or 
     locations outside the State from which the owner or operator 
     of a landfill or incinerator proposes to import it.''.

     SEC. 103. TABLE OF CONTENTS AMENDMENT.

       The table of contents in section 1001 of the Solid Waste 
     Disposal Act (42 U.S.C. prec. 6901) is amended by adding 
     after the item relating to section 4010 the following new 
     item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
              waste.''.
                         TITLE II--FLOW CONTROL

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Flow Control Act of 
     1994''.

     SEC. 202. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
                   TRANSPORTATION, MANAGEMENT, AND DISPOSAL OF 
                   MUNICIPAL SOLID WASTE.

       Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 
     et seq.) (as amended by section 102) is further amended by 
     adding after section 4011 the following new section:

     ``SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL 
                   OVER TRANSPORTATION, MANAGEMENT, AND DISPOSAL 
                   OF MUNICIPAL SOLID WASTE.

       ``(a) Authority.--
       ``(1) In general.--Each State and each qualified political 
     subdivision may, in accordance with this section--
       ``(A)(i) exercise flow control authority for municipal 
     solid waste, incinerator ash from a solid waste incineration 
     unit, construction debris, or demolition debris generated 
     within the boundaries of the State or qualified political 
     subdivision if, before May 15, 1994, the State or qualified 
     political subdivision--
       ``(I) adopted a law, ordinance, regulation, solid waste 
     management plan, or legally binding provision that contains 
     flow control authority and, pursuant to such authority, 
     directs such solid waste, ash, or debris to a proposed or 
     existing waste management facility designated before May 15, 
     1994; or
       ``(II) adopted a law, ordinance, regulation, solid waste 
     management plan, or legally binding provision that identifies 
     the use of one or more waste management methods that will be 
     necessary for the transportation, management, or disposal of 
     municipal solid waste generated within such boundaries, and 
     committed to the designation of one or more waste management 
     facilities for such method or methods;
       ``(ii) after the effective date of this section, in the 
     case of a State or qualified political subdivision that 
     adopted such a law, ordinance, regulation, plan, or legally 
     binding provision that meets the requirements of subclause 
     (I) or (II) of clause (i), exercise flow control authority 
     over such solid waste from any existing or future waste 
     management facility to any other existing or future waste 
     management facility; and
       ``(iii) after the effective date of this section, in the 
     case of a State or qualified political subdivision that 
     adopted such a law, ordinance, regulation, plan, or legally 
     binding provision that meets the requirements of subclause 
     (I) of clause (i), exercise flow control authority over such 
     solid waste, ash, or debris from any existing waste 
     management facility to any other existing or proposed waste 
     management facility, and may do so without regard to 
     subsection (b)(2); and
       ``(B) exercise flow control authority for voluntarily 
     relinquished recyclable materials generated within the 
     boundaries of the State or qualified political subdivision.
       ``(2) Reasonable regulation of commerce.--
       ``(A) A law, ordinance, regulation, solid waste management 
     plan, or legally binding provision of a State or qualified 
     political subdivision, described in paragraph (1), that 
     implements or exercises flow control authority in compliance 
     with this section shall be considered to be a reasonable 
     regulation of commerce and shall not be considered to be an 
     undue burden on or otherwise as impairing, restraining, or 
     discriminating against interstate commerce.
       ``(B) A contract or franchise agreement entered into by a 
     State or political subdivision to provide the exclusive or 
     nonexclusive authority for the collection, transportation, or 
     disposal of municipal solid waste, and not otherwise 
     involving the exercise of flow control authority described in 
     paragraph (1), shall be considered to be a reasonable 
     regulation of commerce and shall not be considered to be an 
     undue burden on or otherwise as impairing, restraining, or 
     discriminating against interstate commerce.
       ``(b) Limitations.--
       ``(1) Limitation of authority regarding recyclable 
     materials.--A State or qualified political subdivision may 
     exercise the authority described in subsection (a)(1)(B) with 
     respect to recyclable materials only if--
       ``(A) the generator or owner of the materials voluntarily 
     made the materials available to the State or qualified 
     political subdivision, or the designee of the State or 
     qualified political subdivision, and relinquished any rights 
     to, or ownership of, such materials; and
       ``(B) the State or qualified political subdivision, or the 
     designee of the State or qualified political subdivision, 
     assumes such rights to, or ownership of, such materials.
       ``(2) Limitation of authority regarding solid waste or 
     recyclable materials.--
       ``(A) A State or qualified political subdivision may 
     exercise the authority described in subparagraph (A) or (B) 
     of subsection (a)(1) only if the State or qualified political 
     subdivision establishes a program to separate, or divert at 
     the point of generation, recyclable materials from municipal 
     solid waste, for purposes of recycling, reclamation, or 
     reuse, in accordance with any Federal or State law or 
     municipal solid waste planning requirements in effect.
       ``(B) A State or qualified political subdivision may 
     exercise the authority described in clause (i) or (ii) of 
     subsection (a)(1)(A) only if, after conducting one or more 
     public hearings, the State or qualified political 
     subdivision--
       ``(i) finds, on the basis of the record developed at the 
     hearing or hearings, that it is necessary to exercise the 
     authority described in subparagraph (A) or (B) of subsection 
     (a)(1) to meet the current solid waste management needs (as 
     of the date of the record) or the anticipated solid waste 
     management needs of the State or qualified political 
     subdivision for the management of municipal solid waste or 
     recyclable materials;
       ``(ii) finds, on the basis of the record developed at the 
     hearing or hearings, including an analysis of the ability of 
     the private sector and public bodies to provide short and 
     long term integrated solid waste management services with and 
     without flow control authority, that the exercise of flow 
     control authority is necessary to provide such services in an 
     economically efficient and environmentally sound manner; and
       ``(iii) provides a written explanation of the reasons for 
     the findings described clauses (i) and (ii), which may 
     include a finding of a preferred waste management methodology 
     or methodologies for providing such integrated solid waste 
     management services.
       ``(C) With respect to each designated waste management 
     facility, the authority of subsection (a) shall be effective 
     until completion of the schedule for payment of the capital 
     costs of the waste management facility concerned (as in 
     effect on May 15, 1994), or for the remaining useful life of 
     the original waste management facility, whichever is longer. 
     At the end of such period, the authority of subsection (a) 
     shall be effective for any waste management facility for 
     which subparagraph (B) and subsection (c) have been complied 
     with by the State or qualified political subdivision, except 
     that no facility, and no State or qualified political 
     subdivision, subject to subsection (a)(1)(A)(i)(I) or 
     subsection (a)(1)(A)(ii) shall be required to comply with 
     subparagraph (B) for a period of 10 years after the date of 
     enactment of this section. Notwithstanding the provisions of 
     this paragraph, compliance with subparagraph (B) shall not be 
     required where--
       ``(i) a designated waste management facility is required to 
     retrofit or otherwise make significant modifications to meet 
     applicable environmental requirements or safety requirements;
       ``(ii) routine repair or scheduled replacements of existing 
     equipment or components of a designated waste management 
     facility is undertaken that does not add to the capacity of 
     the waste management facility; or
       ``(iii) a designated waste management facility expands on 
     land legally or equitably owned, or under option to purchase 
     or lease, by the owner or operator of such facility and the 
     applicable permit includes such land.
       ``(D) Notwithstanding anything to the contrary in this 
     section, paragraphs (2)(B) and (2)(C) shall not apply to any 
     State (or any of its political subdivisions) that, on or 
     before January 1, 1984, enacted regulations pursuant to a 
     State law that required or directed the transportation, 
     management, or disposal of solid waste from residential, 
     commercial, institutional and industrial sources as defined 
     by State law to specific waste management facilities and 
     applied those regulations to every political subdivision in 
     the State.
       ``(3) Limitation to applied authorities.--The authority 
     described in subsection (a)(1)(A) shall apply only to the 
     specific classes or categories of solid waste to which the 
     authority described in subsection (a)(1)(A)(i)(I) was applied 
     by the State or qualified political subdivision before May 
     15, 1994, and to the specific classes or categories of solid 
     waste for which the State or qualified political subdivision 
     committed to the designation of one or more waste management 
     facilities as described in subsection (a)(1)(A)(i)(II).
       ``(4) Expiration of authority.--The authority granted under 
     subsection (a)(1)(A)(i)(II) shall expire if a State or 
     qualified political subdivision has not designated, by law, 
     ordinance, regulation, solid waste management plan, or other 
     legally binding provision, one or more proposed or existing 
     waste management facilities within 3 years after the date of 
     enactment of this section.
       ``(5) Limitation on revenue.--A State or qualified 
     political subdivision may exercise the authority described in 
     subsection (a) only if the State or qualified political 
     subdivision limits the use of any of its revenues derived 
     from the exercise of such authority primarily to solid waste 
     management services.
       ``(c) Competitive Designation Process.--
       ``(1) In general.--A State or qualified political 
     subdivision may exercise the authority described in 
     subsection (a) only if the State or qualified political 
     subdivision develops and implements a competitive designation 
     process, with respect to each waste management facility or 
     each facility for recyclable materials. The process shall--
       ``(A) ensure that the designation process is based on, or 
     is part of, a municipal solid waste management plan that is 
     adopted by the State or qualified political subdivision and 
     that is designed to ensure long-term management capacity for 
     municipal solid waste or recyclable materials generated 
     within the boundaries of the State or qualified political 
     subdivision;
       ``(B) set forth the goals of the designation process, 
     including at a minimum--
       ``(i) capacity assurance;
       ``(ii) the establishment of provisions to provide that 
     protection of human health and the environment will be 
     achieved; and
       ``(iii) any other goals determined to be relevant by the 
     State or qualified political subdivision;
       ``(C) identify and compare reasonable and available 
     alternatives, options, and costs for designation of the 
     facilities;
       ``(D) provide for public participation and comment;
       ``(E) ensure that the designation of each facility is 
     accomplished through an open competitive process during which 
     the State or qualified political subdivision--
       ``(i) identifies in writing criteria to be utilized for 
     selection of the facilities, which shall not discriminate 
     unfairly against any particular waste management facility or 
     any method of management, transportation or disposal, and 
     shall not establish qualifications for selection that can 
     only be met by public bodies;
       ``(ii) provides a fair and equal opportunity for interested 
     public persons and private persons to offer their existing 
     (as of the date of the process) or proposed facilities for 
     designation; and
       ``(iii) evaluates and selects the facilities for 
     designation based on the merits of the facilities in meeting 
     the criteria identified; and
       ``(F) base the designation of each such facility on reasons 
     that shall be stated in a public record.
       ``(2) Certification.--
       ``(A) In general.--A Governor of any State may certify that 
     the laws and regulations of the State in effect on May 15, 
     1994, satisfy the requirements for a competitive designation 
     process under paragraph (1).
       ``(B) Process.--In making a certification under 
     subparagraph (A), a Governor shall--
       ``(i) publish notice of the proposed certification in a 
     newspaper of general circulation and provide such additional 
     notice of the proposed certification as may be required by 
     State law;
       ``(ii) include in the notice of the proposed certification 
     or otherwise make readily available a statement of the laws 
     and regulations subject to the certification and an 
     explanation of the basis for a conclusion that the laws and 
     regulations satisfy the requirements of paragraph (1);
       ``(iii) provide interested persons an opportunity to 
     comment on the proposed certification, for a period of time 
     not less than 60 days, after publication of the notice; and
       ``(iv) publish notice of the final certification, together 
     with an explanation of the basis for the final certification, 
     in a newspaper of general circulation and provide such 
     additional notice of the final certification as may be 
     required by State law.
       ``(C) Appeal.--Within 120 days after publication of the 
     final certification under subparagraph (B), any interested 
     person may file an appeal of the final certification in the 
     United States Circuit Court of Appeals for the Federal 
     judicial district of the State, for a judicial determination 
     that the certified laws and regulations do not satisfy the 
     requirements of paragraph (1) or that the certification 
     process did not satisfy the procedural requirements of 
     subparagraph (B). The appeal shall set forth the specific 
     reasons for the appeal of the final certification.
       ``(D) Limitation to record.--Any judicial proceeding 
     brought under subparagraph (C) shall be limited to the 
     administrative record developed in connection with the 
     procedures described in subparagraph (B).
       ``(E) Costs of litigation.--In any judicial proceeding 
     brought under subparagraph (C), the court shall award costs 
     of litigation (including reasonable attorney fees) to any 
     prevailing party whenever the court determines that such 
     award is appropriate.
       ``(F) Limitation on review of certifications.--If no appeal 
     is taken within 120 days after the publication of the final 
     certification, or if the final certification by the Governor 
     of any State is upheld by the United States Circuit Court of 
     Appeals and no party seeks review by the Supreme Court 
     (within applicable time requirements), the final 
     certification shall not be subject to judicial review.
       ``(G) Limitation on review of designations.--Designations 
     made after the final certification and pursuant to the 
     certified laws and regulations shall not be subject to 
     judicial review for failure to satisfy the requirements of 
     paragraph (1).
       ``(d) Ownership of Recyclable Materials.--
       ``(1) Prohibition on required transfers.--Nothing in this 
     section shall authorize any State or qualified political 
     subdivision, or any designee of the State or qualified 
     political subdivision, to require any generator or owner of 
     recyclable materials to transfer any recyclable materials to 
     such State or qualified political subdivision unless the 
     generator or owner of the recyclable materials voluntarily 
     made the materials available to the State or qualified 
     political subdivision and relinquished any rights to, or 
     ownership of, such materials.
       ``(2) Other transactions.--Nothing in this section shall 
     prohibit any person from selling, purchasing, accepting, 
     conveying, or transporting any recyclable materials for 
     purposes of transformation or remanufacture into usable or 
     marketable materials, unless a generator or owner voluntarily 
     made the materials available to the State or qualified 
     political subdivision and relinquished any rights to, or 
     ownership of, such materials.
       ``(e) Retained Authority.--Upon the request of any 
     generator of municipal solid waste affected by this section, 
     the State or political subdivision may authorize the 
     diversion of all or a portion of the solid wastes generated 
     by the generator making such request to a solid waste 
     facility, other than the facility or facilities originally 
     designated by the political subdivision, where the purpose of 
     such request is to provide a higher level of protection for 
     human health and the environment and reduce potential future 
     liability under Federal or State law of such generator for 
     the management of such wastes. Requests shall include 
     information on the environmental suitability of the proposed 
     alternative treatment or disposal facility and method, 
     compared to that of the designated facility and method. In 
     making such a determination the State or political 
     subdivision may consider the ability and willingness of both 
     the designated and alternative disposal facility or 
     facilities to indemnify the generator against any cause of 
     action under State or Federal environmental statutes and 
     against any cause of action for nuisance, personal injury, or 
     property loss under any State law.
       ``(f) Existing Laws and Contracts.--
       ``(1) In general.--To the extent consistent with subsection 
     (a), this section shall not supersede, abrogate, or otherwise 
     modify any of the following:
       ``(A) Any contract or other agreement (including any 
     contract containing an obligation to repay the outstanding 
     indebtedness on any proposed or existing waste management 
     facility or facility for recyclable materials) entered into 
     before May 15, 1994, by a State or qualified political 
     subdivision in which such State or qualified political 
     subdivision has designated a proposed or existing waste 
     management facility, or facility for recyclable materials, 
     for the transportation, management or disposal of municipal 
     solid waste, incinerator ash from a solid waste incineration 
     unit, construction debris or demolition debris, or recyclable 
     materials, pursuant to a law, ordinance, regulation, solid 
     waste management plan, or legally binding provision adopted 
     by such State or qualified political subdivision before May 
     15, 1994, if, in the case of a contract or agreement relating 
     to recyclable materials, the generator or owner of the 
     materials, and the State or qualified political subdivision, 
     have met the appropriate conditions in subsection (b)(1) with 
     respect to the materials.
       ``(B) Any other contract or agreement entered into before 
     May 15, 1994, for the transportation, management or disposal 
     of municipal solid waste, incinerator ash from a solid waste 
     incineration unit, or construction debris or demolition 
     debris.
       ``(C)(i) Any law, ordinance, regulation, solid waste 
     management plan, or legally binding provision--
       ``(I) that is adopted before May 15, 1994;
       ``(II) that pertains to the transportation, management, or 
     disposal of solid waste generated within the boundaries of a 
     State or qualified political subdivision; and
       ``(III) under which a State or qualified political 
     subdivision, prior to May 15, 1994, directed, limited, 
     regulated, or prohibited the transportation, management, or 
     disposal of municipal solid waste, or incinerator ash from, a 
     solid waste incineration unit, or construction debris or 
     demolition debris, generated within the boundaries;

     if the law, ordinance, regulation, solid waste management 
     plan, or legally binding provision is applied to the 
     transportation of solid waste described in subclause (III), 
     to a proposed or existing waste management facility 
     designated before May 15, 1994, or to the management or 
     disposal of such solid waste at such a facility, under such 
     law, ordinance, regulation, solid waste management plan, or 
     legally binding provision.
       ``(ii) Any law, ordinance, regulation, solid waste 
     management plan, or legally binding provision--
       ``(I) that is adopted before May 15, 1994; and
       ``(II) that pertains to the transportation or management of 
     recyclable materials generated within the boundaries of a 
     State or qualified political subdivision;

     if the law, ordinance, regulation, solid waste management 
     plan, or legally binding provision is applied to the 
     transportation of recyclable materials that are generated 
     within the boundaries, and with respect to which the 
     generator or owner of the materials, and the State or 
     qualified political subdivision, have met the appropriate 
     conditions described in subsection (b)(1), to a proposed or 
     existing facility for recyclable materials designated before 
     May 15, 1994, or to the management of such materials, under 
     such law, ordinance, regulation, solid waste management plan, 
     or legally binding provision.
       ``(2) Contract information.--A party to a contract or other 
     agreement that is described in subparagraph (A) or (B) of 
     paragraph (1) shall provide a copy of the contract or 
     agreement to the State or qualified political subdivision on 
     request. Any proprietary information contained in the 
     contract or agreement may be omitted in the copy, but the 
     information that appears in the copy shall include at least 
     the date that the contract or agreement was signed, the 
     volume of municipal solid waste or recyclable materials 
     covered by the contract or agreement with respect to which 
     the State or qualified political subdivision could otherwise 
     exercise authority under subsection (a) or paragraph (1)(C), 
     the source of the waste or materials, the destination of the 
     waste or materials, the duration of the contract or 
     agreement, and the parties to the contract or agreement.
       ``(3) Effect on interstate commerce.--Any contract or 
     agreement described in subparagraph (A) or (B) of paragraph 
     (1), and any law, ordinance, regulation, solid waste 
     management plan, or legally binding provision described in 
     subparagraph (C) of paragraph (1), shall be considered to be 
     a reasonable regulation of commerce by a State or qualified 
     political subdivision, retroactive to the effective date of 
     the contract or agreement, or to the date of adoption of any 
     such law, ordinance, regulation, solid waste management plan, 
     or legally binding provision, and shall not be considered to 
     be an undue burden on or otherwise as impairing, restraining, 
     or discriminating against interstate commerce.
       ``(4) Limitation.--Any designation by a State or qualified 
     political subdivision of any waste management facility or 
     facility for recyclable materials after the date of enactment 
     of this section shall be made in compliance with subsection 
     (c). Nothing in this paragraph shall affect any designation 
     made before the date of enactment of this section, and any 
     such designation shall be deemed to satisfy the requirements 
     of subsection (c).
       ``(g) Savings Clause.--
       ``(1) Federal or state environmental laws.--Nothing in this 
     section is intended to supersede, amend, or otherwise modify 
     Federal or State environmental laws (including regulations) 
     that apply to the disposal or management of solid waste or 
     recyclable materials at waste management facilities or 
     facilities for recyclable materials.
       ``(2) State law.--Nothing in this section shall be 
     interpreted to authorize a qualified political subdivision to 
     exercise the authority granted by this section in a manner 
     inconsistent with State law.
       ``(h) Prohibition.--No political subdivision may exercise 
     flow control authority to direct the movement of municipal 
     solid waste to any waste management facility for which a 
     Federal permit was denied twice before the enactment of this 
     section.
       ``(h) Definitions.--For purposes of this section only, the 
     following definitions apply:
       ``(1) Committed to the designation of one or more waste 
     management facilities.--The term `committed to the 
     designation of one or more waste management facilities' means 
     that a State or qualified political subdivision was legally 
     bound to designate one or more existing or future waste 
     management facilities or performed or caused to be performed 
     one or more of the following actions for the purpose of 
     designating one or more such facilities:
       ``(A) Obtained all required permits for the construction of 
     such waste management facility prior to May 15, 1994.
       ``(B) Executed contracts for the construction of such waste 
     management facility prior to May 15, 1994.
       ``(C) Presented revenue bonds for sale to specifically 
     provide revenue for the construction of such waste management 
     facility prior to May 15, 1994.
       ``(D) Submitted to the appropriate regulatory agency or 
     agencies, on or before May 15, 1994, administratively 
     complete permit applications for the construction and 
     operation of a waste management facility.
       ``(E) Formed a public authority or a joint agreement among 
     qualified political subdivisions, pursuant to a law 
     authorizing such formation for the purposes of designating 
     facilities.
       ``(F) Executed a contract or agreement that obligates or 
     otherwise requires a State or qualified political subdivision 
     to deliver a minimum quantity of solid waste to a waste 
     management facility and that obligates or otherwise requires 
     the State or qualified political subdivision to pay for that 
     minimum quantity of solid waste even if the stated minimum 
     quantity of solid waste is not delivered within a required 
     timeframe, otherwise commonly known as a ``put or pay 
     agreement''.
       ``(G) Adopted, pursuant to a State statute that 
     specifically described the method for designating by solid 
     waste management districts, a resolution of preliminary 
     designation that specifies criteria and procedures for 
     soliciting proposals to designate facilities after having 
     completed a public notice and comment period.
       ``(H) Adopted, pursuant to a State statute that 
     specifically described the method for designating by solid 
     waste management districts, a resolution of intent to 
     establish designation with a list of facilities for which 
     designation is intended.
       ``(2) Designation; designate.--The terms `designate', 
     `designated', `designation' or `designating' mean a 
     requirement of a State or qualified political subdivision, 
     and the act of a State or qualified political subdivision, to 
     require that all or any portion of the municipal solid waste 
     that is generated within the boundaries of the State or 
     qualified political subdivision be delivered to a waste 
     management facility identified by a State or qualified 
     political subdivision, and specifically includes put or pay 
     agreements of the type described in paragraph (1)(F).
       ``(3) Flow control authority.--The term `flow control 
     authority' means the authority to control the movement of 
     solid waste or recyclable materials and direct such waste or 
     recyclable materials to one or more designated waste 
     management facilities or facilities for recyclable materials.
       ``(4) Industrial solid waste.--The term `industrial solid 
     waste' means solid waste generated by manufacturing or 
     industrial processes, including waste generated during scrap 
     processing and scrap recycling, that is not hazardous waste 
     regulated under subtitle C. `Industrial solid waste' does not 
     include municipal solid waste specified in paragraph 
     (5)(A)(iii).
       ``(5) Municipal solid waste.--
       ``(A) In general.--Subject to the limitations of subsection 
     (b)(3), the term `municipal solid waste' means--
       ``(i) any solid waste discarded by a household, including a 
     single or multifamily residence;
       ``(ii) any solid waste that is discarded by a commercial, 
     institutional, or industrial source;
       ``(iii) residue remaining after recyclable materials have 
     been separated or diverted from municipal solid waste 
     described in clause (i) or (ii);
       ``(iv) any waste material or waste substance removed from a 
     septic tank, septage pit, or cesspool, other than from 
     portable toilets; and
       ``(v) conditionally exempt small quantity generator waste 
     under section 3001(d), if it is collected, processed or 
     disposed with other municipal solid waste as part of 
     municipal solid waste services.
       ``(B) Exclusions.--The term `municipal solid waste' shall 
     not include any of the following:
       ``(i) Hazardous waste required to be managed in accordance 
     with subtitle C (other than waste described in subparagraph 
     (A)(v)), solid waste containing a polychlorinated biphenyl 
     regulated under the Toxic Substances Control Act (15 U.S.C. 
     2601 et seq.), or medical waste listed in section 11002.
       ``(ii)(I) A recyclable material.
       ``(II) A material or a product returned from a dispenser or 
     distributor to the manufacturer or the agent of the 
     manufacturer for credit, evaluation, or reuse unless such 
     material or product is discarded or abandoned for collection, 
     disposal or combustion.
       ``(III) A material or product that is an out-of-date or 
     unmarketable material or product, or is a material or product 
     that does not conform to specifications, and that is returned 
     to the manufacturer or the agent of the manufacturer for 
     credit, evaluation, or reuse unless such material or product 
     is discarded or abandoned for collection, disposal or 
     combustion.
       ``(iii) Any solid waste (including contaminated soil and 
     debris) resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act.
       ``(iv) (I) Industrial solid waste.
       ``(II) Any solid waste that is generated by an industrial 
     facility and transported for the purpose of containment, 
     storage, or disposal to a facility that is owned or operated 
     by the generator of the waste, or a facility that is located 
     on property owned by the generator.
       ``(6) Qualified political subdivision.--The term `qualified 
     political subdivision' means a governmental entity or 
     political subdivision of a State, as authorized by the State, 
     to plan for, or determine the methods to be utilized for, the 
     collection, transportation, disposal or other management of 
     municipal solid waste generated within the boundaries of the 
     area served by the governmental entity or political 
     subdivision.
       ``(7) Recyclable material.--The term `recyclable material' 
     means any material (including any metal, glass, plastic, 
     textile, wood, paper, rubber, or other material) that has 
     been separated, or diverted at the point of generation, from 
     solid waste for the purpose of recycling, reclamation, or 
     reuse.
       ``(8) Solid waste management plan.--The term `solid waste 
     management plan' means a plan for the transportation, 
     treatment, processing, composting, combustion, disposal or 
     other management of municipal solid waste, adopted by a State 
     or qualified political subdivision pursuant to and conforming 
     with State law.
       ``(9) Waste management facility.--The term `waste 
     management facility' means any facility or facilities in 
     which municipal solid waste, incinerator ash from a solid 
     waste incineration unit, or construction debris or demolition 
     debris is separated, stored, transferred, treated, processed, 
     combusted, deposited or disposed.
       ``(10) Existing waste management facility.--The term 
     `existing waste management facility' means a facility under 
     construction or in operation as of May 15, 1994.
       ``(11) Proposed waste management facility.--The term 
     `proposed waste management facility' means a facility that 
     has been specifically identified and designated, but that was 
     not under construction, as of May 15, 1994.
       ``(12) Future waste management facility.--The term `future 
     waste management facility' means any other waste management 
     facility.''.

     SEC. 203. TABLE OF CONTENTS AMENDMENT.

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

``Sec. 4012. Congressional authorization of State control over 
              transportation, management and disposal of municipal 
              solid waste.''.
  Mr. SWIFT (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The SPEAKER. Is there objection to the request of the gentleman from 
Washington?
  There was no objection.
  The SPEAKER. The question is on the amendment in the nature of a 
substitute offered by the gentleman from Washington [Mr. Swift].
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed.


              Amendment to the title offered by Mr. Swift

  Mr. SWIFT. Mr. Speaker. I offer an amendment to the title.
  The Clerk read as follows:

       Amendment to the title offered by Mr. Swift: Amend the 
     title so as to read: ``A bill to amend the Solid Waste 
     Disposal Act to provide congressional authorization for 
     restrictions on receipt of out-of-State municipal solid waste 
     and for State control over transportation of municipal solid 
     waste, and for other purposes.''.

  The title amendment was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________