Interstate Transportation of Municipal Solid Waste Act of 1995

TABLE OF CONTENTS: Title I: Interstate Waste Title II: Flow Control Interstate Transportation of Municipal Solid Waste Act of 1995 - Title I: Interstate Waste - Amends the Solid Waste Disposal Act to authorize State Governors, if requested by an affected local government, to prohibit the disposal of out-of-State municipal solid waste in landfills or incinerators subject to their jurisdiction. Permits Governors to limit the quantity of out-of-State waste received at landfills and incinerators excepted from such prohibition to an annual amount equal to or greater than the quantity received during 1993. Authorizes Governors to prohibit or limit the disposal of such waste at landfills or incinerators covered by such exception that is generated by any 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 1996; (2) 3 million tons in 1997 and 1998; (3) 2.5 million tons in 1999 and 2000; (4) 1.5 million tons in 2001 and 2002; and (5) 1 million tons in 2003 and thereafter. Prohibits Governors from exercising authorities under this Act: (1) if such action would result in the violation of a host community agreement or a permit issued from the State to receive out-of-State municipal solid waste; or (2) except as otherwise provided, in a manner that would require landfills or incinerators covered by the exception to reduce the amount of out-of-State municipal solid waste received from any State to an annual quantity less than that received during 1993. Makes the authority to prohibit the disposal of out-of-State municipal solid waste inapplicable to landfills and incinerators that: (1) received documented shipments of such waste during 1993; (2) in the case of landfills, are in compliance with all applicable Federal and State laws and regulations relating to operation, design and location, leachate collection, groundwater monitoring, and financial assurance for closure and corrective action; or (3) in the case of incinerators, are in compliance with applicable requirements of the Clean Air Act and State laws and regulations relating to facility design and operations. Permits disposal of such waste at facilities that are not in compliance with applicable Federal and State laws and regulations unless disposal of waste that is generated within the State is also prohibited. Lists conditions under which host community agreements are prohibited. Authorizes States that imposed a special fee on the processing or disposal of out-of-State municipal waste on or before April 3, 1994, to continue to impose cost recovery surcharges for such activities subject to certain conditions. Title II: Flow Control - Municipal Solid Waste Flow Control Act of 1995 - Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and for recyclable materials voluntarily relinquished by the owner or generator that are generated in their jurisdictions by directing such waste and materials to waste management facilities or recyclables facilities if such authority: (1) is imposed pursuant to a law, regulation, or other legally binding provision in effect on May 15, 1994; and (2) has been implemented by designating before such date the particular waste facilities in operation as of such date to which the waste or recyclable materials must be delivered. Limits such authority to categories of waste to which flow control authority requiring a movement to a facility was actually applied on or before May 15, 1994, or to the specific categories for which a State or political subdivision, prior to such date, had committed to the designation of a facility. Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed. Permits States or political subdivisions, on the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to an alternative solid waste facility where such diversion would provide a higher level of health and environmental protection or reduce potential liability of the generator under Federal or State law. Permits the exercise of flow control authority only if the State or political subdivision certifies that revenues derived from such authority will be used solely for solid waste management services. Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce.