[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 4643 Introduced in House (IH)] 103d CONGRESS 2d Session H. R. 4643 To amend the Solid Waste Disposal Act to provide and clarify the authority for certain municipal solid waste flow control arrangements. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 23, 1994 Mr. Richardson (for himself, Mr. Fields of Texas, Mr. Bryant, and Mr. Grams) 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 and clarify the authority for certain municipal solid waste flow control arrangements. 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 ``Municipal Solid Waste Flow Control Act of 1994''. SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS. (a) Amendment.--Subtitle D of the Solid Waste Disposal Act is amended by adding the following new section after section 4010: ``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS. ``(a) Authority.--Each State and each political subdivision thereof is authorized to require the movement of municipal solid waste generated, and recyclable material voluntarily relinquished by its owner, within its jurisdiction to one or more waste management facilities or recycling facilities if such requirement-- ``(1) is imposed pursuant to a law, ordinance, or other official act of the State or political subdivision in effect on January 1, 1994; and ``(2) has been implemented by designating before January 1, 1994, the particular management facilities in operation as of January 1, 1994, to which the municipal solid waste and recyclables must be moved. With respect to each facility, the authority of this section shall be effective (A) for the remaining life of a contract between the State or political subdivision and any other person regarding the movement or delivery of such waste or recyclable materials, as in effect on January 1, 1994, or (B) until completion of the schedule for payment of the capital costs of the facility concerned, as in effect on January 1, 1994, whichever is longer. ``(b) Effect on Other Laws.--Nothing in this section shall be interpreted or construed to have any effect on any other law relating to the protection of human health and the environment, or the management of municipal solid waste. ``(c) Definitions.--For purposes of this section: ``(1) The term `municipal solid waste' means solid waste generated by the general public and from residential, commercial, institutional, and industrial sources, consisting of paper, wood, yard wastes, plastics, leather, rubber, and other combustible materials and noncombustible materials such as metal and glass, including residue remaining after recyclable materials have been separated from waste destined for disposal, except that the term does not include-- ``(A) any waste identified or listed as a hazardous waste under section 3001 or the Solid Waste Disposal Act (42 U.S.C. 6921) or waste regulated under the Toxic Substances and Control Act; ``(B) any waste, including contaminated soil and debris, resulting from response taken under section 104 or 106 of the comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9602 or 9606) or a corrective action taken under this Act; ``(C) medical waste; ``(D) industrial waste; ``(E) recyclable materials; or ``(F) sludge. ``(2) The term `recyclable materials' means any materials that have been separated from waste otherwise destined for disposal (either at the source of the waste or at processing facilities) or that have been managed separately from waste destined for disposal, for the purpose of recycling, composting of organic materials such as food and yard waste, or reuse (other than for the purpose of incineration). ``(3) The term `waste management facility' means any facility collecting, separating, storing, transporting, transferring, treating, processing, or disposing of municipal solid waste.''. (b) Table of Contents.--The table of contents for subtitle D of the Solid Waste Disposal Act is amended by adding the following new item after the item relating to section 4010: ``Sec. 4011. Congressional authorization of State control over movement of municipal solid waste and recyclable materials.''. <all>