[Congressional Record Volume 141, Number 77 (Wednesday, May 10, 1995)]
[Senate]
[Pages S6414-S6418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT

  The PRESIDING OFFICER. Under the previous order, the hour of noon 
having arrived, the Senate will now proceed to the consideration of S. 
534, which the clerk will now report.
  The legislative clerk read as follows:

       A bill (S. 534) 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.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Energy and Natural Resources with an amendment to 
strike out all after the enacting clause and inserting in lieu thereof 
the following:
     SECTION 1. SHORT TITLE.

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

                       TITLE I--INTERSTATE WASTE

     SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

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

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

       ``(a) Authority To Restrict Out-of-State Municipal Solid 
     Waste.--(1) Except as provided in paragraph (4), immediately 
     upon the date of enactment of this section if requested in 
     writing by an affected local government, a Governor may 
     prohibit the disposal of out-of-State municipal solid waste 
     in any landfill or incinerator that is not covered by the 
     exceptions provided in subsection (b) and that is subject to 
     the jurisdiction of the Governor and the affected local 
     government.
       ``(2) Except as provided in paragraph (4), immediately upon 
     the date of publication of the list required in paragraph 
     (6)(D) and notwithstanding the absence of a request in 
     writing by the affected local government, a Governor, in 
     accordance with paragraph (5), may limit the quantity of out-
     of-State municipal solid waste received for disposal at each 
     landfill or incinerator covered by the exceptions provided in 
     subsection (b) that is subject to the jurisdiction of the 
     Governor, to an annual amount equal to or greater than the 
     quantity of out-of-State municipal solid waste received for 
     disposal at such landfill or incinerator during calendar year 
     1993.
       ``(3)(A) Except as provided in paragraph (4), immediately 
     upon the date of publication of the list required in 
     paragraph (6)(E), and notwithstanding the absence of a 
     request in writing by the affected local government, a 
     Governor, in accordance with paragraph (5), may prohibit or 
     limit the amount of out-of-State municipal solid waste 
     disposed of at any landfill or incinerator covered by the 
     exceptions in subsection (b) that is subject to the 
     jurisdiction of the Governor, generated in any State that is 
     determined by the Administrator under paragraph (6)(E) as 
     having exported, to landfills or incinerators not covered by 
     host community agreements or permits authorizing receipt of 
     out-of-State municipal solid waste, more than--
       ``(i) 3,500,000 tons of municipal solid waste in calendar 
     year 1996;
       ``(ii) 3,000,000 tons of municipal solid waste in each of 
     calendar years 1997 and 1998;
       ``(iii) 2,500,000 tons of municipal solid waste in each of 
     calendar years 1999 and 2000;
       ``(iv) 1,500,000 tons of municipal solid waste in each of 
     calendar years 2001 and 2002; and
       ``(v) 1,000,000 tons of municipal solid waste in calendar 
     year 2003 and each year thereafter.
       ``(B)(i) No State may export to landfills or incinerators 
     in any 1 State that are not covered by host community 
     agreements more than the following amounts of municipal solid 
     waste:
       ``(I) In calendar year 1996, the greater of 1,400,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1993.
       ``(II) In calendar year 1997, the greater of 1,300,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1996.
       ``(III) In calendar year 1998, the greater of 1,200,000 
     tons or 90 percent of the amount exported to the State in 
     calendar year 1997.
       ``(IV) In calendar year 1999, the greater of 1,100,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1998.
     [[Page S6415]]   ``(V) In calendar year 2000, 1,000,000 tons.
       ``(VI) In calendar year 2001, 800,000 tons.
       ``(VII) In calendar year 2002 or any calendar year 
     thereafter, 600,000 tons.
       ``(ii) The Governor of an importing State may take action 
     to restrict levels of imports to reflect the appropriate 
     level of out-of-State municipal solid waste imports if--
       ``(I) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator, 12 
     months prior to taking any such action, of the importing 
     State's intention to impose the requirements of this section;
       ``(II) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator of the 
     violation by the exporting State of this section at least 90 
     days prior to taking any such action; and
       ``(III) the restrictions imposed by the Governor of the 
     importing State are uniform at all facilities.
       ``(C) The authority provided by subparagraphs (A) and (B) 
     shall apply for as long as a State exceeds the permissible 
     levels as determined by the Administrator under paragraph 
     (6)(E).
       ``(4)(A) A Governor may not exercise the authority granted 
     under this section if such action would result in the 
     violation of, or would otherwise be inconsistent with, the 
     terms of a host community agreement or a permit issued from 
     the State to receive out-of-State municipal solid waste.
       ``(B) Except as provided in paragraph (3), a Governor may 
     not exercise the authority granted under this section in a 
     manner that would require any owner or operator of a landfill 
     or incinerator covered by the exceptions provided in 
     subsection (b) to reduce the amount of out-of-State municipal 
     solid waste received from any State for disposal at such 
     landfill or incinerator to an annual quantity less than the 
     amount received from such State for disposal at such landfill 
     or incinerator during calendar year 1993.
       ``(5) Any limitation imposed by a Governor under paragraph 
     (2) or (3)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of place of origin and all such limitations shall be 
     applied to all States in violation of paragraph (3).
       ``(6) Annual state report.--
       ``(A) In general.--Within 90 days after enactment of this 
     section and on April 1 of each year thereafter the owner or 
     operator of each landfill or incinerator receiving out-of-
     State municipal solid waste shall submit to the affected 
     local government and to the Governor of the State in which 
     the landfill or incinerator is located, information 
     specifying the amount and State of origin of out-of-State 
     municipal solid waste received for disposal during the 
     preceding calendar year. Within 120 days after enactment of 
     this section and on July 1 of each year thereafter each State 
     shall publish and make available to the Administrator, the 
     Governor of the State of origin and the public, a report 
     containing information on the amount of out-of-State 
     municipal solid waste received for disposal in the State 
     during the preceding calendar year.
       ``(B) Contents.--Each submission referred to in this 
     section shall be such as would result in criminal penalties 
     in case of false or misleading information. Such information 
     shall include the amount of waste received, the State of 
     origin, the identity of the generator, the date of the 
     shipment, and the type of out-of-State municipal solid waste.
       ``(C) List.--The Administrator shall publish a list of 
     States that the Administrator has determined have exported 
     out-of-State in any of the following calendar years an amount 
     of municipal solid waste in excess of--
       ``(i) 3,500,000 tons in 1996;
       ``(ii) 3,000,000 tons in 1997;
       ``(iii) 3,000,000 tons in 1998;
       ``(iv) 2,500,000 tons in 1999;
       ``(v) 2,500,000 tons in 2000;
       ``(vi) 1,500,000 tons in 2001;
       ``(vii) 1,500,000 tons in 2002;
       ``(viii) 1,000,000 tons in 2003; and
       ``(ix) 1,000,000 tons in each calendar year after 2003.

     The list for any calendar year shall be published by June 1 
     of the following calendar year.
       ``(D) Savings provision.--Nothing in this subsection shall 
     be construed to preempt any State requirement that requires 
     more frequent reporting of information.
       ``(7) Any affected local government that intends to submit 
     a request under paragraph (1) or take formal action to enter 
     into a host community agreement after the date of enactment 
     of this subsection shall, prior to taking such action--
       ``(A) notify the Governor, contiguous local governments, 
     and any contiguous Indian tribes;
       ``(B) publish notice of the action in a newspaper of 
     general circulation at least 30 days before taking such 
     action;
       ``(C) provide an opportunity for public comment; and
       ``(D) following notice and comment, take formal action on 
     any proposed request or action at a public meeting.
       ``(8) Any owner or operator seeking a host community 
     agreement after the date of enactment of this subsection 
     shall provide to the affected local government the following 
     information, which shall be made available to the public from 
     the affected local government:
       ``(A) A brief description of the planned facility, 
     including a description of the facility size, ultimate waste 
     capacity, and anticipated monthly and yearly waste quantities 
     to be handled.
       ``(B) A map of the facility site that indicates the 
     location of the facility in relation to the local road system 
     and topographical and hydrological features and any buffer 
     zones and facility units to be acquired by the owner or 
     operator of the facility.
       ``(C) A description of the existing environmental 
     conditions at the site, and any violations of applicable laws 
     or regulations.
       ``(D) A description of environmental controls to be 
     utilized at the facility.
       ``(E) A description of the site access controls to be 
     employed, and roadway improvements to be made, by the owner 
     or operator, and an estimate of the timing and extent of 
     increased local truck traffic.
       ``(F) A list of all required Federal, State, and local 
     permits.
       ``(G) Any information that is required by State or Federal 
     law to be provided with respect to any violations of 
     environmental laws (including regulations) by the owner and 
     operator, the disposition of enforcement proceedings taken 
     with respect to the violations, and corrective measures taken 
     as a result of the proceedings.
       ``(H) Any information that is required by State or Federal 
     law to be provided with respect to compliance by the owner or 
     operator with the State solid waste management plan.
       ``(b) Exceptions to Authority To Prohibit Out-of-State 
     Municipal Solid Waste.--(1) The authority to prohibit the 
     disposal of out-of-State municipal solid waste provided under 
     subsection (a)(1) shall not apply to landfills and 
     incinerators in operation on the date of enactment of this 
     section that--
       ``(A) received during calendar year 1993 documented 
     shipments of out-of-State municipal solid waste; and
       ``(B)(i) in the case of landfills, are in compliance with 
     all applicable Federal and State laws and regulations 
     relating to operation, design and location standards, 
     leachate collection, ground water monitoring, and financial 
     assurance for closure and post-closure and corrective action; 
     or
       ``(ii) in the case of incinerators, are in compliance with 
     the applicable requirements of section 129 of the Clean Air 
     Act (42 U.S.C. 7429) and applicable State laws and 
     regulations relating to facility design and operations.
       ``(2) A Governor may not prohibit the disposal of out-of-
     State municipal solid waste pursuant to subsection (a)(1) at 
     facilities described in this subsection that are not in 
     compliance with applicable Federal and State laws and 
     regulations unless disposal of municipal solid waste 
     generated within the State at such facilities is also 
     prohibited.
       ``(c) Additional Authority To Limit Out-of-State Municipal 
     Solid Waste.--(1) In any case in which an affected local 
     government is considering entering into, or has entered into, 
     a host community agreement and the disposal or incineration 
     of out-of-State municipal solid waste under such agreement 
     would preclude the use of municipal solid waste management 
     capacity described in paragraph (2), the Governor of the 
     State in which the affected local government is located may 
     prohibit the execution of such host community agreement with 
     respect to that capacity.
       ``(2) The municipal solid waste management capacity 
     referred to in paragraph (1) is that capacity--
       ``(A) that is permitted under Federal or State law;
       ``(B) that is identified under the State plan; and
       ``(C) for which a legally binding commitment between the 
     owner or operator and another party has been made for its use 
     for disposal or incineration of municipal solid waste 
     generated within the region (identified under section 
     4006(a)) in which the local government is located.
       ``(d) Cost Recovery Surcharge.--
       ``(1) Authority.--A State described in paragraph (2) may 
     adopt a law and impose and collect a cost recovery charge on 
     the processing or disposal of out-of-State municipal solid 
     waste in the State in accordance with this subsection.
       ``(2) Applicability.--The authority to impose a cost 
     recovery surcharge under this subsection applies to any State 
     that on or before April 3, 1994, imposed and collected a 
     special fee on the processing or disposal of out-of-State 
     municipal solid waste pursuant to a State law.
       ``(3) Limitation.--No such State may impose or collect a 
     cost recovery surcharge from a facility on any out-of-State 
     municipal solid waste that is being received at the facility 
     under 1 or more contracts entered into after April 3, 1994, 
     and before the date of enactment of this section.
       ``(4) Amount of surcharge.--The amount of the cost recovery 
     surcharge may be no greater than the amount necessary to 
     recover those costs determined in conformance with paragraph 
     (6) and in no event may exceed $1.00 per ton of waste.
       ``(5) Use of surcharge collected.--All cost recovery 
     surcharges collected by a State covered by this subsection 
     shall be used to 
      [[Page S6416]] fund those solid waste management programs 
     administered by the State or its political subdivision that 
     incur costs for which the surcharge is collected.
       ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
     (C), a State covered by this subsection may impose and 
     collect a cost recovery surcharge on the processing or 
     disposal within the State of out-of-State municipal solid 
     waste if--
       ``(i) the State demonstrates a cost to the State arising 
     from the processing or disposal within the State of a volume 
     of municipal solid waste from a source outside the State;
       ``(ii) the surcharge is based on those costs to the State 
     demonstrated under clause (i) that, if not paid for through 
     the surcharge, would otherwise have to be paid or subsidized 
     by the State; and
       ``(iii) the surcharge is compensatory and is not 
     discriminatory.
       ``(B) In no event shall a cost recovery surcharge be 
     imposed by a State to the extent that the cost for which 
     recovery is sought is otherwise paid, recovered, or offset by 
     any other fee or tax assessed against or voluntarily paid to 
     the State or its political subdivision in connection with the 
     generation, transportation, treatment, processing, or 
     disposal of solid waste.
       ``(C) The grant of a subsidy by a State with respect to 
     entities disposing of waste generated within the State does 
     not constitute discrimination for purposes of subparagraph 
     (A)(iii).
       ``(7) Definitions.--As used in this subsection:
       ``(A) The term `costs' means the costs incurred by the 
     State for the implementation of its laws governing the 
     processing or disposal of municipal solid waste, limited to 
     the issuance of new permits and renewal of or modification of 
     permits, inspection and compliance monitoring, enforcement, 
     and costs associated with technical assistance, data 
     management, and collection of fees.
       ``(B) The term `processing' means any activity to reduce 
     the volume of solid waste or alter its chemical, biological 
     or physical state, through processes such as thermal 
     treatment, bailing, composting, crushing, shredding, 
     separation, or compaction.
       ``(e) Savings Clause.--Nothing in this section shall be 
     interpreted or construed--
       ``(1) to have any effect on State law relating to 
     contracts; or
       ``(2) to affect the authority of any State or local 
     government to protect public health and the environment 
     through laws, regulations, and permits, including the 
     authority to limit the total amount of municipal solid waste 
     that landfill or incinerator owners or operators within the 
     jurisdiction of a State may accept during a prescribed 
     period, provided that such limitations do not discriminate 
     between in-State and out-of-State municipal solid waste, 
     except to the extent authorized by this section.
       ``(f) Definitions.--As used in this section:
       ``(1)(A) The term `affected local government', used with 
     respect to a landfill or incinerator, means--
       ``(i) the public body created by State law with 
     responsibility to plan for municipal solid waste management, 
     a majority of the members of which are elected officials, for 
     the area in which the facility is located or proposed to be 
     located; or
       ``(ii) the elected officials of the city, town, township, 
     borough, county, or parish exercising primary responsibility 
     over municipal solid waste management or the use of land in 
     the jurisdiction in which the facility is located or is 
     proposed to be located.
       ``(B)(i) Within 90 days after the date of enactment of this 
     section, a Governor may designate and publish notice of which 
     entity listed in clause (i) or (ii) of subparagraph (A) shall 
     serve as the affected local government for actions taken 
     under this section and after publication of such notice.
       ``(ii) If a Governor fails to make and publish notice of 
     such a designation, the affected local government shall be 
     the elected officials of the city, town, township, borough, 
     county, parish, or other public body created pursuant to 
     State law with primary jurisdiction over the land or the use 
     of land on which the facility is located or is proposed to be 
     located.
       ``(C) For purposes of host community agreements entered 
     into before the date of publication of the notice, the term 
     means either a public body described in subparagraph (A)(i) 
     or the elected officials of any of the public bodies 
     described in subparagraph (A)(ii).
       ``(2) Host community agreement.--The term `host community 
     agreement' means a written, legally binding document or 
     documents executed by duly authorized officials of the 
     affected local government that specifically authorizes a 
     landfill or incinerator to receive municipal solid waste 
     generated out of State, but does not include any agreement to 
     pay host community fees for receipt of waste unless 
     additional express authorization to receive out-of-State 
     waste is also included.
       ``(3) The term `out-of-State municipal solid waste' means, 
     with respect to any State, municipal solid waste generated 
     outside of the State. To the extent that the President 
     determines it is consistent with the North American Free 
     Trade Agreement and the General Agreement on Tariffs and 
     Trade, the term shall include municipal solid waste generated 
     outside of the United States.
       ``(4) The term `municipal solid waste' means refuse (and 
     refuse-derived fuel) generated by the general public or from 
     a residential, commercial, institutional, or industrial 
     source (or any combination thereof), consisting of paper, 
     wood, yard wastes, plastics, leather, rubber, or other 
     combustible or noncombustible materials such as metal or 
     glass (or any combination thereof). The term `municipal solid 
     waste' does not include--
       ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(B) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
       ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal solid waste (as otherwise defined in this 
     paragraph) and has been transported into a State for the 
     purpose of recycling or reclamation;
       ``(D) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator of the waste, or is located on property owned 
     by a company with which the generator is affiliated;
       ``(E) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(F) any industrial waste that is not identical to 
     municipal solid waste (as otherwise defined in this 
     paragraph) with respect to the physical and chemical state of 
     the industrial waste, and composition, including construction 
     and demolition debris;
       ``(G) any medical waste that is segregated from or not 
     mixed with municipal solid waste (as otherwise defined in 
     this paragraph); or
       ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(5) The term `compliance' means a pattern or practice of 
     adhering to and satisfying standards and requirements 
     promulgated by the Federal or a State government for the 
     purpose of preventing significant harm to human health and 
     the environment. Actions undertaken in accordance with 
     compliance schedules for remediation established by Federal 
     or State enforcement authorities shall be considered 
     compliance for purposes of this section.
       ``(6) The terms `specifically authorized' and `specifically 
     authorizes' refer to an explicit authorization, contained in 
     a host community agreement or permit, to import waste from 
     outside the State. Such authorization may include a reference 
     to a fixed radius surrounding the landfill or incinerator 
     that includes an area outside the State or a reference to any 
     place of origin, reference to specific places outside the 
     State, or use of such phrases as `regardless of origin' or 
     `outside the State'. The language for such authorization may 
     vary as long as it clearly and affirmatively states the 
     approval or consent of the affected local government or State 
     for receipt of municipal solid waste from sources outside the 
     State.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 
     6901) is amended by adding at the end of the items relating 
     to subtitle D the following new item:

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

     SEC. 201. SHORT TITLE.

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

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Designate; designation.--The terms `designate' and 
     `designation' refer to an authorization by a State or 
     political subdivision, and the act of a State or political 
     subdivision in requiring or contractually committing, that 
     all or any portion of the municipal solid waste or recyclable 
     material that is generated within the boundaries of the State 
     or political subdivision be delivered to waste management 
     facilities or facilities for recyclable material or a public 
     service authority identified by the State or political 
     subdivision.
       ``(2) Flow control authority.--The term `flow control 
     authority' means the authority to control the movement of 
     municipal solid waste or voluntarily relinquished recyclable 
     material and direct such solid waste or voluntarily 
     relinquished recyclable material to a designated waste 
     management facility or facility for recyclable material.
       ``(3) Municipal solid waste.--The term `municipal solid 
     waste' means--
       ``(A) solid waste generated by the general public or from a 
     residential, commercial, institutional, or industrial source, 
     consisting of paper, wood, yard waste, plastics, leather, 
     rubber, and other combustible material and noncombustible 
     material such as metal and glass, including residue remaining 
     after recyclable material has been separated from 
 [[Page S6417]] waste destined for disposal, and including waste 
material removed from a septic tank, septage pit, or cesspool (other 
than from portable toilets); but
       ``(B) does not include--
       ``(i) waste identified or listed as a hazardous waste under 
     section 3001 of this Act or waste regulated under the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.);
       ``(ii) waste, including contaminated soil and debris, 
     resulting from a response action taken under section 104 or 
     106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 
     9606) or any corrective action taken under this Act;
       ``(iii) medical waste listed in section 11002;
       ``(iv) industrial waste generated by manufacturing or 
     industrial processes, including waste generated during scrap 
     processing and scrap recycling;
       ``(v) recyclable material; or
       ``(vi) sludge.
       ``(4) Public service authority.--The term `public service 
     authority' means--
       ``(A) an authority or authorities created pursuant to State 
     legislation to provide individually or in combination solid 
     waste management services to political subdivisions; or
       ``(B) an authority that was issued a certificate of 
     incorporation by a State corporation commission established 
     by a State constitution.
       ``(5) Recyclable material.--The term `recyclable material' 
     means material that has been separated from waste otherwise 
     destined for disposal (at the source of the waste or at a 
     processing facility) or has been managed separately from 
     waste destined for disposal, for the purpose of recycling, 
     reclamation, composting of organic material such as food and 
     yard waste, or reuse (other than for the purpose of 
     incineration).
       ``(6) Waste management facility.--The term `waste 
     management facility' means a facility that collects, 
     separates, stores, transports, transfers, treats, processes, 
     combusts, or disposes of municipal solid waste.
       ``(b) Authority.--
       ``(1) In general.--Each State and each political 
     subdivision of a State may exercise flow control authority 
     for municipal solid waste and for recyclable material 
     voluntarily relinquished by the owner or generator of the 
     material that is generated within its jurisdiction by 
     directing the municipal solid waste or recyclable material to 
     a waste management facility or facility for recyclable 
     material, if such flow control authority--
       ``(A) is imposed pursuant to a law, ordinance, regulation, 
     or other legally binding provision of the State or political 
     subdivision in effect on May 15, 1994; and
       ``(B) has been implemented by designating before May 15, 
     1994, the particular waste management facilities or public 
     service authority to which the municipal solid waste or 
     recyclable material is to be delivered, the substantial 
     construction of which facilities was performed after the 
     effective date of that law, ordinance, regulation, or other 
     legally binding provision and which facilities were in 
     operation as of May 15, 1994.
       ``(2) Limitation.--The authority of this section extends 
     only to the specific classes or categories of municipal solid 
     waste to which flow control authority requiring a movement to 
     a waste management facility was actually applied on or before 
     May 15, 1994 (or, in the case of a State or political 
     subdivision that qualifies under subsection (c), to the 
     specific classes or categories of municipal solid waste for 
     which the State or political subdivision prior to May 15, 
     1994, had committed to the designation of a waste management 
     facility).
       ``(3) Lack of clear identification.--With regard to 
     facilities granted flow control authority under subsection 
     (c), if the specific classes or categories of municipal solid 
     waste are not clearly identified, the authority of this 
     section shall apply only to municipal solid waste generated 
     by households.
       ``(4) Duration of authority.--With respect to each 
     designated waste management facility, the authority of this 
     section shall be effective until the later of--
       ``(A) the end of the remaining life of a contract between 
     the State or political subdivision and any other person 
     regarding the movement or delivery of municipal solid waste 
     or voluntarily relinquished recyclable material to a 
     designated facility (as in effect May 15, 1994);
       ``(B) completion of the schedule for payment of the capital 
     costs of the facility concerned (as in effect May 15, 1994); 
     or
       ``(C) the end of the remaining useful life of the original 
     facility, as that remaining life may be extended by--
       ``(i) retrofitting of equipment or the making of other 
     significant modifications to meet applicable environmental 
     requirements or safety requirements;
       ``(ii) routine repair or scheduled replacement of equipment 
     or components that does not add to the capacity of a waste 
     management facility; or
       ``(iii) expansion of the facility on land that is--

       ``(I) legally or equitably owned, or under option to 
     purchase or lease, by the owner or operator of the facility; 
     and
       ``(II) covered by the permit for the facility (as in effect 
     May 15, 1994).

       ``(5) Additional authority.--Notwithstanding anything to 
     the contrary in this section, but subject to subsection (j), 
     a State or political subdivision of a State that, on or 
     before January 1, 1984, adopted regulations under State law 
     that required or directed the transportation, management, or 
     disposal of solid waste from residential, commercial, 
     institutional, or industrial sources (as defined under State 
     law) to specifically identified waste management facilities 
     and applied those regulations to every political subdivision 
     of the State may--
       ``(A) designate any waste management facility in the State 
     that--
       ``(i) was designated prior to May 15, 1994, and meets the 
     requirements of subsection (c); or
       ``(ii) meets the requirements of paragraph (1); and
       ``(B) continue to exercise flow control authority for the 
     remaining useful life of that facility over all classes and 
     categories of solid waste that were subject to flow control 
     on May 15, 1994.
       ``(c) Commitment to Construction.--
       ``(1) In general.--Notwithstanding subsection (b)(1) (A) 
     and (B), any political subdivision of a State may exercise 
     flow control authority under subsection (b), if--
       ``(A) the law, ordinance, regulation, or other legally 
     binding provision specifically provides for flow control 
     authority for municipal solid waste generated within its 
     boundaries and was in effect prior to May 15, 1994; and
       ``(B) prior to May 15, 1994, the political subdivision 
     committed to the designation of a waste management facility 
     to which municipal solid waste is to be transported or at 
     which municipal solid waste is to be disposed of under that 
     law, ordinance, regulation, plan, or legally binding 
     provision.
       ``(2) Factors demonstrating commitment.--A commitment to 
     the designation of a waste management facility is 
     demonstrated by 1 or more of the following factors:
       ``(A) Construction permits.--All permits required for the 
     substantial construction of the facility were obtained prior 
     to May 15, 1994.
       ``(B) Contracts.--All contracts for the substantial 
     construction of the facility were in effect prior to May 15, 
     1994.
       ``(C) Revenue bonds.--Prior to May 15, 1994, revenue bonds 
     were presented for sale to specifically provide revenue for 
     the construction of the facility.
       ``(D) Construction and operating permits.--The State or 
     political subdivision submitted to the appropriate regulatory 
     agency or agencies, on or before May 15, 1994, substantially 
     complete permit applications for the construction and 
     operation of the facility.
       ``(d) Constructed and Operated.--
       ``(1) In general.--A political subdivision of a State may 
     exercise flow control authority for municipal solid waste and 
     for recyclable material voluntarily relinquished by the owner 
     or generator of the material that is generated within its 
     jurisdiction if--
       ``(A) prior to May 15, 1994, the political subdivision--
       ``(i) contracted with a public service authority or with 
     its operator to deliver or cause to be delivered to the 
     public service authority substantially all of the disposable 
     municipal solid waste that is generated or collected by or is 
     within or under the control of the political subdivision, in 
     order to support revenue bonds issued by and in the
      name of the public service authority for waste management 
     facilities; or
       ``(ii) entered into contracts with a public service 
     authority to deliver or cause to be delivered to the public 
     service authority substantially all of the disposable 
     municipal solid waste that is generated or collected by or 
     within the control of the political subdivision, which 
     imposed flow control pursuant to a law, ordinance, 
     regulation, or other legally binding provision and where 
     outstanding revenue bonds were issued in the name of public 
     service authorities for waste management facilities; and
       ``(B) prior to May 15, 1994, the public service authority--
       ``(i) issued the revenue bonds for the construction of 
     municipal solid waste facilities to which the political 
     subdivision's municipal solid waste is transferred or 
     disposed; and
       ``(ii) commenced operation of the facilities.
       ``(2) Duration of authority.--Authority under this 
     subsection may be exercised by a political subdivision 
     qualifying under paragraph (1)(A)(ii) only until the 
     expiration of the contract or the life of the bond, whichever 
     is earlier.
       ``(e) State-Mandated Disposal Services.--A political 
     subdivision of a State may exercise flow control authority 
     for municipal solid waste and for recyclable material 
     voluntarily relinquished by the owner or generator of the 
     material that is generated within its jurisdiction if, prior 
     to May 15, 1994, the political subdivision--
       ``(1) was mandated by State law to provide for the 
     operation of solid waste facilities to serve the disposal 
     needs of all incorporated and unincorporated areas of the 
     county;
       ``(2) is currently required to initiate a recyclable 
     materials recycling program in order to meet a municipal 
     solid waste reduction goal of at least 30 percent;
       ``(3) has been authorized by State statute to exercise flow 
     control authority and had implemented the authority through a 
     law, ordinance, regulation, contract, or other legally 
     binding provision; and
       ``(4) had incurred significant financial expenditures to 
     comply with the mandates under State law and to repay 
     outstanding 
      [[Page S6418]] revenue bonds that were issued for the 
     construction of solid waste management facilities to which 
     the political subdivision's waste was designated.
       ``(f) Retained Authority.--
       ``(1) Request.--On the request of a generator of municipal 
     solid waste affected by this section, a State or political 
     subdivision may authorize the diversion of all or a portion 
     of the solid waste generated by the generator making the 
     request to an alternative solid waste treatment or disposal 
     facility, if the purpose of the request is to provide a 
     higher level of protection for human health and the 
     environment or reduce potential future liability of the 
     generator under Federal or State law for the management of 
     such waste, unless the State or political subdivision 
     determines that the facility to which the municipal solid 
     waste is proposed to be diverted does not provide a higher 
     level of protection for human health and the environment or 
     does not reduce the potential future liability of the 
     generator under Federal or State law for the management of 
     such waste.
       ``(2) Contents.--A request under paragraph (1) shall 
     include information on the environmental suitability of the 
     proposed alternative treatment or disposal facility and 
     method, compared to that of the designated facility and 
     method.
       ``(g) Limitations on Revenue.--A State or political 
     subdivision may exercise flow control authority under 
     subsection (b), (c), or (d) only if the State or political 
     subdivision certifies that the use of any of its revenues 
     derived from the exercise of that authority will be used for 
     solid waste management services.
       ``(h) Reasonable Regulation of Commerce.--A law, ordinance, 
     regulation, or other legally binding provision or official 
     act of a State or political subdivision, as described in 
     subsection (b), (c), or (d), that implements flow control 
     authority in compliance with this section shall be considered 
     to be a reasonable regulation of commerce retroactive to its 
     date of enactment or effective date and shall not be 
     considered to be an undue burden on or otherwise considered 
     as impairing, restraining, or discriminating against 
     interstate commerce.
       ``(i) Effect on Existing Laws and Contracts.--
       ``(1) Environmental laws.--Nothing in this section shall be 
     construed to have any effect on any other law relating to the 
     protection of human health and the environment or the 
     management of municipal solid waste or recyclable material.
       ``(2) State law.--Nothing in this section shall be 
     construed to authorize a political subdivision of a State to 
     exercise the flow control authority granted by
      this section in a manner that is inconsistent with State 
     law.
       ``(3) Ownership of recyclable material.--Nothing in this 
     section--
       ``(A) authorizes a State or political subdivision of a 
     State to require a generator or owner of recyclable material 
     to transfer recyclable material to the State or political 
     subdivision; or
       ``(B) prohibits a generator or owner of recyclable material 
     from selling, purchasing, accepting, conveying, or 
     transporting recyclable material for the purpose of 
     transformation or remanufacture into usable or marketable 
     material, unless the generator or owner voluntarily made the 
     recyclable material available to the State or political 
     subdivision and relinquished any right to, or ownership of, 
     the recyclable material.
       ``(j) Repeal.--(1) Notwithstanding any provision of this 
     title, authority to flow control by directing municipal solid 
     waste or recyclable materials to a waste management facility 
     shall terminate on the date that is 30 years after the date 
     of enactment of this Act.
       ``(2) This section and the item relating to this section in 
     the table of contents for subtitle D of the Solid Waste 
     Disposal Act are repealed effective as of the date that is 30 
     years after the date of enactment of this Act.''.

     SEC. 203. TABLE OF CONTENTS AMENDMENT.

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

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

     SEC. 301. GROUND WATER MONITORING.

       (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) 
     of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is 
     amended--
       (1) by striking ``Criteria.--Not later'' and inserting the 
     following: ``Criteria.--
       ``(1) In general.--Not later''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Additional revisions.--Subject to paragraph (2), the 
     requirements of the criteria described in paragraph (1) 
     relating to ground water monitoring shall not apply to an 
     owner or operator of a new municipal solid waste landfill 
     unit, an existing municipal solid waste landfill unit, or a 
     lateral expansion of a municipal solid waste landfill unit, 
     that disposes of less than 20 tons of municipal solid waste 
     daily, based on an annual average, if--
       ``(A) there is no evidence of ground water contamination 
     from the municipal solid waste landfill unit or expansion; 
     and
       ``(B) the municipal solid waste landfill unit or expansion 
     serves--
       ``(i) a community that experiences an annual interruption 
     of at least 3 consecutive months of surface transportation 
     that prevents access to a regional waste management facility; 
     or
       ``(ii) a community that has no practicable waste management 
     alternative and the landfill unit is located in an area that 
     annually receives less than or equal to 25 inches of 
     precipitation.
       ``(3) Protection of ground water resources.--
       ``(A) Monitoring requirement.--A State may require ground 
     water monitoring of a solid waste landfill unit that would 
     otherwise be exempt under paragraph (2) if necessary to 
     protect ground water resources and ensure compliance with a 
     State ground water protection plan, where applicable.
       ``(B) Methods.--If a State requires ground water monitoring 
     of a solid waste landfill unit under subparagraph (A), the 
     State may allow the use of a method other than the use of 
     ground water monitoring wells to detect a release of 
     contamination from the unit.
       ``(C) Corrective action.--If a State finds a release from a 
     solid waste landfill unit, the State shall require corrective 
     action as appropriate.
       ``(4) Remote alaska native villages.--Upon certification by 
     the Governor of the State of Alaska that application of the 
     requirements of the criteria described in paragraph (1) to a 
     solid waste landfill unit of a Native village (as defined in 
     section 3 of the Alaska Native Claims Settlement Act (16 
     U.S.C. 1602)) would be infeasible, would not be cost-
     effective, or is otherwise inappropriate because of the 
     remote location of the unit, the unit shall be exempt from 
     those requirements.''.
       (b) Reinstatement of Regulatory Exemption.--It is the 
     intent of section 4010(c)(2) of the Solid Waste Disposal Act, 
     as added by subsection (a), to immediately reinstate subpart 
     E of part 258 of title 40, Code of Federal Regulations, as 
     added by the final rule published at 56 Federal Register 
     50798 on October 9, 1991.

  Mr. DOLE. Mr. President, I understand the distinguished Democratic 
leader wants to speak for a few moments on product liability, and so he 
will be here momentarily. But I would say, as we start S. 534, keep in 
mind it came out of the committee by a vote of 16 to 0. And I hope this 
is something we can complete before the week is out, sometime by late 
Friday afternoon. I know there are amendments. We can dispose of 
amendments. But I hope that in many cases the amendments can be 
resolved by agreement, by working them out. And I know we have 
reasonable managers on both sides of the aisle.
  This is important legislation, and I am happy to have it before the 
Senate. I hope we can complete action on it before the week is out 
because next week we will go to the budget and, hopefully, following 
that to telecommunications. So we have our next 2 or 3 weeks laid out 
for us before a very brief Memorial Day recess.
  I will also be sending a letter to Senator Daschle today with 
reference to the August recess, and unless we can reach some 
accommodation, I then will announce in the next week whether or not 
there will be an August recess and, if so, the length of that recess.
  Mr. CHAFEE. I wonder if the leader would yield to a question.
  I heard the ominous words ``a very brief Memorial Day recess.'' What 
does that mean?
  Mr. DOLE. It is a week.
  Mr. CHAFEE. That is fine.
  Mr. DOLE. It may be longer than the August recess.
  Mr. CHAFEE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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