```

[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>
```