I

104TH CONGRESS

1ST SESSION H. R. 2838

To amend the Solid Waste Disposal Act to provide congressional authorization

for State and local flow control authority over solid waste, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 22, 1995

Mr. SMITH of New Jersey introduced the following bill; which was referred

to the Committee on Commerce

A BILL

To amend the Solid Waste Disposal Act to provide congressional authorization for State and local flow control authority over solid waste, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Public Debt Relief Act

5 of 1995’’.
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1 SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND

2 LOCAL FLOW CONTROL AUTHORITY OVER

3 SOLID WASTE.

4 Subtitle D of the Solid Waste Disposal Act (42

5 U.S.C. 6941 et seq.) is amended by adding after section

6 4010 the following new section:

7 ‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE

8 AND LOCAL FLOW CONTROL AUTHORITY

9 OVER SOLID WASTE.

10 ‘‘(a) AREAS WITH PRE-1984 FLOW CONTROL.—

11 ‘‘(1) GENERAL AUTHORITY.—A State may exer12 cise flow control authority over solid waste if, on or

13 before January 1, 1984, the State—

14 ‘‘(A) adopted regulations under a State

15 law that required or directed the transportation,

16 management, or disposal of solid waste from

17 residential, commercial, institutional, or indus18 trial sources (as defined under State law) to

19 specifically identified waste management facili20 ties, and applied those regulations to every po21 litical subdivision of the State, and

22 ‘‘(B) subjected waste management facilities

23 to the jurisdiction of a State public utilities

24 commission.

25 ‘‘(2) ADDITIONAL AUTHORITY.—A State that

26 meets the requirements of paragraph (1) and any
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1 political subdivision thereof may exercise flow control

2 authority over all classes and categories of solid

3 waste that were subject to flow control by such State

4 or political subdivision thereof on May 16, 1994, by

5 directing it from any existing waste management fa6 cility to any other existing or proposed waste man7 agement facility.

8 ‘‘(3) LIMITATION OF AUTHORITY.—The addi9 tional authority granted by paragraph (2) may be

10 exercised to—

11 ‘‘(A) any facility described in paragraph

12 (2) for up to 5 years after the date of enact13 ment of this section, and

14 ‘‘(B) after 5 years after enactment of this

15 section, only to those facilities and only with re16 spect to the classes, categories, and geographic

17 origin of solid waste specifically identified by

18 the State in a public notice issued within 5

19 years after enactment of this section.

20 ‘‘(4) DURATION OF AUTHORITY.—The authority

21 to direct solid waste to any facility pursuant to this

22 subsection shall terminate at the expiration date of

23 a revenue or general obligation bond issued to fi24 nance one or more waste management facilities.
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1 ‘‘(5) DEFINITIONS.—For purposes of this sub2 section:

3 ‘‘(A) The term ‘flow control authority’

4 means the authority to control the movement of

5 solid waste and direct such solid waste to one

6 or more waste management facilities.

7 ‘‘(B) The term ‘proposed waste manage8 ment facility’ means a waste management facil9 ity that was specifically identified in a waste

10 management plan prior to May 16, 1994, and

11 for the construction of which—

12 ‘‘(i) revenue bonds were issued and

13 outstanding as of May 16, 1994,

14 ‘‘(ii) additional financing with revenue

15 bonds was required as of the date of enact16 ment of this section to complete construc17 tion, and

18 ‘‘(iii) a permit had been issued prior

19 to December 31, 1994.’’.

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