Interstate Transportation of Municipal Solid Waste Act of 1994

TABLE OF CONTENTS:

Title I: Interstate Waste

Title II: Flow Control

Title I: Interstate Waste - State and Local Government Interstate Waste Control Act of 1994 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator, effective January 1, 1995, from receiving out-of-State municipal solid waste for disposal or incineration unless the owner or operator of the landfill or incinerator obtains authorization (as part of a host community agreement) from the affected local government. Requires owners or operators to make specified information regarding the facility available prior to seeking such authorization.

Authorizes State Governors, unless inconsistent with a host community agreement, to limit the quantity of out-of-State waste received at landfills and incinerators that received documented shipments of such waste in 1993 to an annual amount equal to the quantity received in 1993.

Permits State Governors, unless inconsistent with a host community agreement, to prohibit the disposal of such waste at landfills and incinerators that received such waste in 1993 if the waste is generated in a State determined to have exported more than the following amounts of waste to landfills or incinerators not covered by host community agreements: (1) 3.5 million tons in 1995; (2) 3 million tons in 1996 and 1997; (3) 2.5 million tons in 1998 and 1999; (4) 1.5 million tons in 2000 and 2001; and (5) 1 million tons in 2002 and thereafter.

Establishes limitations on waste exports to landfills or incinerators not covered by host community agreements.

Makes the prohibition on the disposal of out-of-State municipal solid waste inapplicable to landfills and incinerators that received documented shipments of such waste during 1993, except as otherwise provided.

Prohibits landfills or incinerators from receiving out-of-State waste in the absence of a host community agreement if the operating permit or license for the facility was denied or revoked. Permits the receipt of such waste without an authorization from the affected local government if the waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area that contains two contiguous major cities located in different States.

Authorizes both of the States affected by the Supreme Court decision in Oregon Waste Systems, Inc. v. Department of Environmental Quality to collect cost recovery surcharges, subject to limitations, on the combustion or disposal of out-of-State waste.

Permits States to establish limits on the amount of out-of-State construction and demolition waste disposed at landfills.

Title II: Flow Control - Flow Control Act of 1994 - Authorizes a State or qualified political subdivision to exercise flow control authority for: (1) municipal solid waste, incinerator ash, and construction or demolition debris generated within their boundaries if, before May 15, 1994, such entity adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods and committed to the designation of a facility for such methods; and (2) voluntarily relinquished recyclable materials generated within their boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment.

Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of commerce.

Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership.

Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases.

Establishes additional conditions on the exercise of flow control authority, including requirements that such authority is necessary to meet current or anticipated waste management needs, revenues derived from the exercise of such authority are devoted primarily to solid waste management services, and States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials.

Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.

Prohibits political subdivisions from exercising flow control authority to direct the movement of municipal solid waste to any waste management facility for which a Federal permit was denied twice before this Act's enactment.