[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Engrossed in House (EH)]
103d CONGRESS
2d Session
H. R. 4683
_______________________________________________________________________
AN ACT
To amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation 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. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER
TRANSPORTATION, MANAGEMENT, 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, MANAGEMENT, AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
``(a) Authority.--Each State and each qualified political
subdivision may, in accordance with this section, exercise flow control
authority within the boundaries of such State or political subdivision,
as the case may be, for each of the following:
``(1) Municipal solid waste generated from household
sources within the boundaries of the State or qualified
political subdivision.
``(2) Municipal solid waste generated within the boundaries
of the State or qualified political subdivision, if, before May
15, 1994, the State or qualified political subdivision adopted
a law, ordinance, regulation, solid waste management plan or
legally binding provision that--
``(A) exercised flow control authority over such
solid waste with respect to a proposed or existing
waste management facility designated before May 15,
1994, or
``(B) identified the use of 1 or more waste
management methods that will be necessary for the
transportation, management, or disposal of municipal
solid waste generated within its boundaries, and
committed to the designation of 1 or more waste
management facilities for that method or methods.
``(3) Recyclable materials generated within the boundaries
of the State or subdivision.
Any State or qualified political subdivision meeting the requirements
of subparagraph (A) or (B) of paragraph (2) may also, after the
effective date of this section, direct, limit, regulate or prohibit the
transportation, management, and disposal of such solid waste from any
existing or future waste management facility to any other existing or
future waste management facility, and may do so without regard to
subsection (b)(2).
``(b) Limitations.--(1) A State or qualified political subdivision
may exercise the authority described in paragraph (3) of subsection (a)
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) A State or qualified political subdivision may exercise the
authority provided by subsection (a)(1) or (a)(3) only if the State or
qualified political subdivision--
``(A) before exercising the authority described in
subsection (a)(1), establishes a program to separate, or divert
at the point of generation, recyclable materials from the
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; and
``(B) after conducting 1 or more public hearings--
``(i) 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
``(ii) provides a written explanation of the
reasons of the finding described in clause (i).
``(3) The authority to direct, limit, regulate, or prohibit the
transportation, management, or disposal of solid waste pursuant to
subsection (a)(2) shall apply only to the specific classes or
categories of solid waste to which the authority under subsection
(a)(2)(A) was applied by the State or qualified political subdivision
before May 15, 1994, and/or to the specific classes or categories of
solid waste for which the State or qualified political subdivision
committed to designate a waste management facility under subsection
(a)(2)(B).
``(4) The authority granted under subsection (a)(2) 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, 1 or more proposed or existing waste management
facilities within 5 years of the date of enactment of this section.
``(c) Competitive Designation Process.--A State or qualified
political subdivision may exercise the authority provided by subsection
(a) only if the State or qualified political subdivision develops and
implements a competitive designation process with respect to waste
management facilities or facilities for recyclable materials which--
``(1) ensures 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) sets forth 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) identifies and compares reasonable and available
alternatives and options for designation of the facilities;
``(4) provides for public participation and comment;
``(5) ensures 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) bases the designation of each such facility on
reasons that shall be stated in a public record.
``(d) Certification.--(1) 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
subsection (c).
``(2) In making a certification under paragraph (1), a Governor
shall--
``(A) 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;
``(B) 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 they satisfy the requirements
of subsection (c);
``(C) 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
``(D) public 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.
``(e) Ownership of Recyclable Materials.--
``(1) Prohibition on required transfers.--Nothing in this
section shall authorize any State or qualified political
subdivision (or any designee thereof) 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 voluntarily made the materials
available to the State or qualified political subdivision (or
any designee thereof) and relinquished any rights to, or
ownership of, such materials.
``(2) Prohibition on prohibited transactions.--Nothing in
this section shall prohibit any person from selling,
purchasing, or 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 (or any designee
thereof) and relinquished any rights to, or ownership of, such
materials.
``(f) 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 the
outstanding indebtedness on any proposed or existing
waste management facility) 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 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.
``(B) Any other contract or agreement entered into
before May 15, 1994, for the management of solid waste.
``(C)(i) Any law, ordinance, regulation, solid
waste management plan or legally binding provision--
``(I) that is adopted before May 15, 1994;
and
``(II) that pertain to the transportation,
management, or disposal of municipal solid
waste 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, management, or disposal of
municipal solid waste, generated from household sources
within its boundaries, to a proposed or existing waste
management facility designated before May 15, 1994,
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;
``(II) that pertains to the transportation,
management, or disposal or 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 the
transportation, management, 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 its boundaries, or
construction debris or demolition debris,
generated within its boundaries;
provided that the law, ordinance, regulation, solid
waste management plan or legally binding provision is
applied to the transportation, management, or disposal
of such solid waste described in subclause (III), to a
proposed or existing waste management facility
designated before May 15, 1994, under such law,
ordinance, regulation, solid waste management plan or
legally binding provision.
``(iii) 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;
provided that the law, ordinance, regulation, solid
waste management plan or legally binding provision is
applied to the transportation or management of
recyclable materials, that are generated within its
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, 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
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) 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 comply 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) Nothing in this section is intended to
supersede, amend, or otherwise modify Federal or State environmental
laws and regulations that apply to the disposal or management of solid
waste at waste management facilities or facilities for recyclable
materials.
``(2) 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) Effect on Interstate Commerce.--The exercise of flow control
authority in compliance with this section by a State or qualified
political subdivision shall itself be considered a reasonable
regulation of commerce and shall not itself be considered as imposing
an undue burden on or otherwise impairing, restraining, or
discriminating against interstate commerce.
``(i) Definitions.--As used in this section:
``(1) Flow control authority.--The term `flow control
authority' means the authority to control the movement of solid
waste or recyclable materials and direct the transportation of
such waste or recyclable materials to one or more designated
waste management facilities or facilities for recyclable
materials.
``(2) 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.
``(3) Municipal solid waste.--
``(A) In general.--(i) The term `municipal solid
waste' means all waste materials discarded for disposal
by households, including single and multifamily
residences.
``(ii) The term also includes waste materials
generated by commercial, institutional, and industrial
sources, to the extent such wastes--
``(I) are essentially the same as waste
normally generated by households; or
``(II) were 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).
``(iii) The term includes residue remaining after
recyclable materials have been separated, or diverted
at the point of generation, from waste materials
described in clause (i) or (ii).
``(iv) The term also includes any waste material or
waste substance removed from a septic tank, septic pit,
or cesspool.
``(v) Examples of municipal solid waste include
food and yard waste, paper, clothing, appliances,
consumer product packaging, disposable diapers, office
supplies, cosmetics, glass and metal food containers,
elementary or secondary school science laboratory
waste, and household hazardous waste.
``(B) Exclusions.--The term does not include any of
the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001.
``(ii) Solid waste containing a
polychlorinate biphenyl regulated under the
Toxic Substances Control Act (15 U.S.C. 2601 et
seq.).
``(iii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606),
``(II) a response action taken
under a State law with authorities
comparable to the authorities of
section 104 or 106, or
``(III) a corrective action taken
under this Act.
``(iv) Recyclable materials.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Industrial solid waste.
``(vii) 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 or a company with which the
generator is affiliated.
``(viii) Any medical waste referred to in
section 11002 that is segregated from, or not
mixed with, solid waste.
``(4) 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.
``(5) 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.
``(6) 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.
``(7) Waste management facility.--The term `waste
management facility' means any facility or facilities in which
solid waste is separated, stored, transferred, treated,
processed, combusted, deposited or disposed.
``(8) Committed to the designation of one or more waste
management facilities.--The phrase `Committed to the
designation of one or more waste management facilities' as used
in subsection (a)(2)(B) means that the State or qualified
political subdivision, prior to May 15, 1994, 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) Solicitation of proposals for designation of
a waste management facility.
``(B) Purchase of land on which the waste
management facility to be designated will be located.
``(C) Execution of a legally binding contract or
franchise agreement for waste collection services
expressly for the delivery of waste to a waste
management facility to be designated.
``(D) Other action since January 1, 1993, that
evidences recent significant financial commitment for
the continuing development of a waste management
facility for which a designation will be made unless
such action has been halted by a court order based upon
a ruling under the Constitution of the United
States.''.
(b) Table of Contents.--The table of contents for such subtitle D
is amended by adding at the end of the items relating to such subtitle
the following new item:
``Sec. 4011. Congressional authorization of State control over
transportation, management, and disposal of
municipal solid waste.''.
Passed the House of Representatives September 29, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4683
_______________________________________________________________________
AN ACT
To amend the Solid Waste Disposal Act to provide congressional
authorization of State control over transportation of municipal solid
waste, and for other purposes.