[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4662 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4662
To amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation and disposal of
municipal solid waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 1994
Mr. Smith of New Jersey (for himself, Mr. Zimmer, and Mr. Saxton)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation and disposal of
municipal solid waste, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flow Control Act of 1994''.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER
TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER
TRANSPORTATION 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) direct, limit, regulate, or prohibit the
transportation of municipal solid waste generated from
household sources (as described in subsection
(g)(2)(A)(i)) within the boundaries of the State or
subdivision and designate each waste management
facility to which any such municipal solid waste shall
be transported;
``(B) direct, limit, regulate, or prohibit the
transportation or disposal of municipal solid waste, as
defined in subsection (g)(2), including incinerator ash
from a solid waste incinerator unit or construction
debris or demolition debris, generated within the
boundaries of the State or qualified political
subdivision and designate waste management facilities
to which any such municipal solid waste shall be
transported or disposed, if, before May 15, 1994--
``(i) the State or qualified political
subdivision adopted a law, ordinance,
regulation or legislative or administrative
provision, including a solid waste management
plan, that pertains to the transportation or
disposal of municipal solid waste generated
within the boundaries, and
``(ii) directed, limited, regulated, or
prohibited the transportation or disposal of
municipal solid waste under the law, ordinance,
regulation, or legislative or administrative
provision.
Any State or qualified political subdivision meeting
the requirements of this subsection (a)(1)(B) (i) and
(ii) may also, after the effective date of this
amendment, direct, limit, regulate or prohibit the
transportation and disposal of municipal solid waste
from any existing or future waste management facility
to any other existing or future waste management
facility, without regard to subsections (b) or (c); and
``(C) direct, limit, regulate, or prohibit the
transportation of recyclable materials generated within
the boundaries of the State or subdivision and
designate each facility to which any such materials
shall be transported.
``(2) Application.--A State or qualified political
subdivision may exercise the authority described in paragraph
(1)(C) 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 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.
``(b) Limitations.--A State or qualified political subdivision may
exercise the authority provided by subsection (a)(1)(A) or (a)(1)(C)
only if the State or qualified political subdivision--
``(1) establishes a program to separate or divert the
materials described in subsection (g)(4) from the municipal
solid waste, for purposes of recycling, reclamation, or reuse,
in accordance with any State law or municipal solid waste
planning requirements in effect;
``(2) develops and implements a process described in
subsection (c) for the designation of waste management
facilities; and
``(3) after conducting 1 or more public hearings--
``(A) finds, on the basis of the record developed
at the hearing or hearings that it is necessary to
exercise the authority 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 management of
municipal solid waste or recyclable materials; and
``(B) provides a written explanation of the reasons
for the finding described in subparagraph (A).
``(c) Competitive Designation Process.--In developing and
implementing the designation process described in subsection (b)(2)
with respect to waste management facilities and facilities for
recyclable materials, the State or qualified political subdivision
shall--
``(1) provide 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 subdivision;
``(2) set for the goals of the designation process,
including at a minimum--
``(A) capacity assurance;
``(B) the establishment of provisions to provide
that protection of human health and the environment
will be achieved; and
``(C) any other goals determined to be relevant by
the State or qualified political subdivision;
``(3) identify and compare reasonable and available
alternatives and options for designation of the facilities;
``(4) provide for public participation and comment;
``(5) provide that the designation of the facilities is
accomplished through an open competitive process during which
the State or qualified political subdivision--
``(A) identifies in writing the criteria to be
utilized for selection of the facilities;
``(B) provides an 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
``(C) evaluates and selects the facilities for
designation based on the merits of the facilities in
meeting the criteria identified; and
``(6) base the designation of each such facility on reasons
that shall be stated in a public record.
``(d) Ownership of Recyclable Materials.--
``(1) Prohibition on required transfers.--Except as
provided in paragraph (3), nothing in this section shall
authorize any State or qualified political subdivision to
require any generator or owner of recyclable materials to
transfer any recyclable materials (other than abandoned or
discarded materials) to such State or qualified political
subdivision.
``(2) Prohibition on prohibited transactions.--Except as
provided in paragraph (3), nothing in this section shall
prohibit any generator or owner of recyclable materials from
selling, purchasing, accepting, conveying, or transporting any
recyclable materials for purposes of transformation or
remanufacture into usable or marketable materials, unless the
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,
``(3) Law and contracts.--A contract, law, ordinance,
regulations, or provisions described in subsection (e)(1) may
contain an authorization described in paragraph (1) or a
prohibition described in paragraph (2).
``(e) Existing Laws and Contracts.--
``(1) In general.--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 to
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 management
of municipal solid waste or recyclable materials
pursuant to a law, ordinance, regulation, legislative
or administrative provision adopted by such State or
qualified political subdivision before May 15, 1994.
``(B) Any other contract or agreement entered into
before May 15, 1994, for the management of municipal
solid waste.
``(C)(i) Any law, ordinance, regulation or
legislative or administrative provision--
``(I) that is adopted before May 15, 1994;
and
``(II) that pertains to the transportation
or disposal of municipal solid waste generated
within the boundaries of a State or qualified
political subdivision: Provided, That the law,
ordinance, regulation, legislative or
administrative provision is applied to the
transportation or disposal of municipal solid
waste, generated from household sources (as
described in subsection (g)(2)(A)(i)) within
the boundaries, to a proposed or existing waste
management facility designated before May 15,
1994 under such law, ordinance, regulation,
legislative or administrative provision.
``(ii) Any law, ordinance, regulation, or
legislative or administrative provision--
``(I) that is adopted before May 15, 1994;
``(II) that pertains to the transportation
or disposal of municipal 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 to
transportation or disposal of municipal solid
waste that is generated, or is commingled with
municipal solid waste that is generated, from
commercial, institutional or industrial sources
within the boundaries, or that is incinerator
ash from a solid waste incineration unit, or
construction debris or demolition debris,
generated within the boundaries:
Provided, That the law, ordinance, regulation,
legislative or administrative provision is applied to
the transportation or disposal of municipal solid waste
described in subclause (III), to a proposed or existing
waste management facility designated before May 15,
1994 under such law, ordinance, regulation, legislative
or administrative provision.
``(iii) Any law, ordinance, regulation, or
legislative or administrative provision--
``(I) that is adopted before May 15, 1994;
and
``(II) that pertains to the transportation
of recyclable materials generated within the
boundaries of a State or qualified political
subdivision; provided that the law, ordinance,
regulation, legislative or administrative
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 (a)(2), to a facility designated
before May 15, 1994 under such law, ordinance,
regulation, legislative or administrative
provision.
``(iv) Any law, ordinance, regulation, or
legislative or administrative provision--
``(I) that is adopted before May 15, 1994;
``(II) that pertains to the transportation
of recyclable materials 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 of recyclable materials that are
not materials 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 (a)(2) and that--
``(aa) are generated from household
sources (as described in subsection
(g)(2)(A)(i)) within the boundaries; or
``(bb) are generated from
commercial, institutional, or
industrial sources within the
boundaries:
Provided, That the law, ordinance, regulation,
legislative or administrative provision is
applied to the transportation of recyclable
materials, described in subclause (III), to a
facility designated before May 15, 1994 under
such law, ordinance, regulation, legislative or
administrative provision, and is applied to the
same class of materials described in item (aa)
or (bb) of subclause (III) to which the law,
ordinance, regulation, legislative or
administrative provision applied before such
date.
``(2) Contract information.--A party to a contract or other
agreement that is described in subparagraph (e)(1)(A) or
(e)(1)(B) 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
(e)(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 subsection (e)(1)(A) or (e)(1)(B), and
any law, ordinance, regulation, or legislative or
administrative provision described in subsection (e)(1)(C),
shall be a reasonable regulation of commerce by any 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, or legislative or
administrative provision.
``(4) Effect on state procurement laws.--
``(A) In general.--Nothing in this section shall
supersede or modify--
``(i) any State law or State regulation
concerning the procurement of municipal solid
waste services or facilities by qualified
political subdivisions; or
``(ii) any State law or regulation
concerning competitive bidding for such
services or facilities.
``(f) Savings Clause.--Nothing in this section is intended to
supersede, amend, or otherwise modify Federal or State environmental
standards that apply to the disposal or management of solid waste at
waste management facilities and facilities for recyclable materials.
``(g) Definitions.--As used in this section:
``(1) Industrial solid waste.--The term `industrial solid
waste' means solid waste generated by manufacturing or
industrial processes, including waste generated during scrap
processing and recycling, that is not hazardous waste regulated
under subtitle C.
``(2) Municipal solid waste.--
``(A) In general.--The term `municipal solid
waste'--
``(i) means any waste generated by a
household, including a single or multifamily
residence, an apartment, a condominium, a
hotel, and a motel;
``(ii) includes waste generated by a
commercial, institutional, or industrial
source; and
``(iii) includes residue remaining after
recyclable materials have been separated, or
diverted at the point of generation, from
municipal solid waste described in clause (i)
or (ii).
``(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, solid
waste containing a polychlorinated biphenyl
regulated under the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.), or regulated
medical waste.
``(ii) A recyclable material.--
``(I) 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.
``(II) 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 agency of the
manufacturer for credit, evaluation, or
reuse.
``(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) Industrial solid waste.--Any
industrial 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 or a
company with which the generator is affiliated.
``(3) 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
governmental entity or political subdivision.
``(4) 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.
``(5) Waste management facility.--The term `waste
management facility' means any facility in which solid waste is
collected, separated, stored, transferred, treated, processed,
deposited or disposed.''.
(b) Table of Contents.--The table of contents for such subtitle D
is amended by adding after the item relating to section 4010 the
following new item:
``Sec. 4011. Congressional authorization of State control over
transportation and disposal of municipal
solid waste.''.
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HR 4662 IH----2
HR 4662 IH----3