[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4859 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4859
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
July 29, 1994
Mr. Smith of New Jersey 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 ``Waste Flow Control Consensus 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) Each State and each qualified political subdivision
may, in accordance with this section--
``(A) direct, limit, regulate, or prohibit the
transportation, management or disposal 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, management or disposal of municipal
solid waste (as defined in subsection (g)(2)),
incinerator ash from a solid waste incinerator unit,
construction debris and 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, managed or disposed, if, before
May 15, 1994--
``(i) the State or qualified political
subdivision adopted a law, ordinance,
regulation, solid waste management plan or
legally binding provision that pertains to the
transportation, management or disposal of
municipal solid waste generated within the
boundaries, and
``(ii) directed, limited, regulated, or
prohibited the transportation, management or
disposal of municipal solid waste under the
law, ordinance, regulation, solid waste
management plan or legally binding provision to
a proposed or existing waste management
facility designated before May 15, 1994, or
``(iii) the law, ordinance, regulation,
solid waste management plan or legally binding
provision identified 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 its
boundaries at one or more waste management
facilities to be designated in the future.
Any State or qualified political subdivision meeting
the requirements of this subsection (a)(1)(B) (i) and
(ii) or (iii) 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, without regard to subsection
(b)(2)(B); 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 material
shall be transported.
``(2) Any contract, law, ordinance, regulation, or legally
binding provision of a State or qualified political subdivision
that directs, limits, regulates or prohibits the
transportation, management or disposal of municipal solid waste
in compliance with this section shall be considered a
reasonable regulation of commerce and shall not be considered
as imposing an undue burden on or otherwise impairing,
restraining or discriminating against interstate commerce.
``(b) Limitations.--
``(1) 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, 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)(A) or
(a)(1)(C) only if the State or qualified political
subdivision--
``(A) before exercising the authority described in
subsection (a)(1)(A), establishes a program to
separate, or divert at the point of generation, the
materials described in subsection (g)(4) 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 for the finding described in
subparagraph (i).
``(3) The authority granted under subsection (a)(1)(B)(iii)
shall expire if a State or qualified political subdivision has
not designated, by law, ordinance, regulation, solid waste
management plan or legally binding provision, one or more
proposed or existing waste management facilities within five
(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.
``(7) Certification.--
``(A) 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).
``(B) 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
they satisfy the requirements of subsection
(c);
``(iii) provide interested persons an
opportunity to comment on the proposed
certification, for a period of time not less
than sixty (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) 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 subsection (c).
``(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,
regulation, solid waste management plan or legally binding
provision 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 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 management
of municipal solid waste 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.
``(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, solid
waste management plan or legally binding provision--
``(I) that is adopted before May 15, 1994;
and
``(II) that pertains to the transportation,
management or disposal of municipal solid waste
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, management 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 water
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 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 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 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, solid
waste management plan or legally binding provision is
applied to the transportation, management 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, 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
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 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 facility
designated before May 15, 1994 under such law,
ordinance, regulation, solid waste management plan or
legally binding provision.
``(iv) 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
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 (b)(1) 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, solid
waste management plan or legally binding 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, solid waste management plan or legally
binding 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, solid
waste management plan or legally binding provision
applied before May 15, 1994.
``(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, solid waste management plan or
legally binding provision described in subsection (e)(1)(C),
shall be considered 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, solid waste
management plan or legally binding provision, and shall not be
considered as imposing an undue burden on or otherwise
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 comply with subsection (c). Nothing in
this paragraph shall affect any designation made before the
date of enactment of this section.
``(f) 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 and 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.
``(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 scrap recycling, that is not hazardous waste
regulated under subtitle C.
``(2) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means--
``(i) any solid waste generated by a
household, including a single or multifamily
residence;
``(ii) any solid waste that is generated by
a commercial, institutional, or industrial
source;
``(iii) residue remaining after recyclable
materials have been separated, or diverted at
the point of generation or at a waste
management facility, from municipal solid waste
described in clause (i) or (ii); and
``(iv) conditional exempt small quantity
generator waste under section 3001(d) of this
Act, provided 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)(iv)),
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 of this
Act.
``(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.
``(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.
``(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.
``(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
or will be separated or diverted from solid waste for the
purpose of recycling, reclamation, or reuse.
``(5) Solid waste management plan.--The term `solid waste
management plan' means a plan for the transportation,
treatment, processing, composting, disposal or other management
of municipal solid waste adopted by a State or qualified
political subdivision pursuant to and conforming with State
law.
``(6) 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.''
<all>
HR 4859 IH----2