I

103D CONGRESS

1ST SESSION H. R. 1357

To authorize each State to control the movement of municipal waste generated

within the State, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1993

Mr. MCMILLAN introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To authorize each State to control the movement of municipal waste generated within the State, 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 ‘‘Municipal Solid Waste

5 Flow Control Act’’.

6 SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CON7 TROL OVER MOVEMENT OF MUNICIPAL

8 WASTE.

9 (a) AUTHORITY.—Subject to subsection (b), each

10 State is authorized—
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1 (1) to direct, limit, regulate, or prohibit the

2 movement of municipal waste generated within the

3 boundaries of such State; and

4 (2) to designate the waste management facility

5 or facilities to which municipal waste generated

6 within the boundaries of the State must be trans7 ported.

8 (b) LIMITATIONS.—(1) A State may exercise the au9 thority provided by subsection (a) only if both of the fol10 lowing conditions are met:

11 (A) Recyclable materials will be removed from

12 the municipal waste in accordance with State munic13 ipal waste planning requirements through separation

14 at the source or at a facility or facilities, unless the

15 political subdivision (or subdivisions) in which the

16 municipal waste is generated is exempt from recy17 cling requirements in the State municipal waste

18 plan.

19 (B) Each waste management facility to be des20 ignated by the State is in compliance with all appli21 cable Federal and State environmental laws and reg22 ulations.

23 (2) No State may prohibit a person from selling, con24 veying, or arranging for the transportation of recyclable

25 materials owned by such person that have been separated
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1 from municipal waste. A State may require such a person

2 to report the volumes and types of recyclable materials to

3 the State for the purpose of assuring compliance with

4 mandated recyclable material diversion rates.

5 (c) POLITICAL SUBDIVISIONS.—A State may author6 ize political subdivisions of the State to exercise the au7 thority provided by subsection (a), subject to the limita8 tions in subsection (b).

9 SEC. 3. DEFINITIONS.

10 For purposes of this Act:

11 (1) The term ‘‘municipal waste’’ means refuse

12 (and refuse-derived fuel) generated by the general

13 public and from residential, commercial, institu14 tional, and industrial sources, consisting of paper,

15 wood, yard wastes, plastics, leather, rubber, and

16 other combustible materials and noncombustible ma17 terials such as metal and glass, including residue re18 maining after recyclable materials have been sepa19 rated. The term does not include—

20 (A) any waste identified or listed as a haz21 ardous waste under section 3001 of the Solid

22 Waste Disposal Act (42 U.S.C. 6921);

23 (B) any waste, including contaminated soil

24 and debris, resulting from response action

25 taken under section 104 or 106 of the Com-
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1 prehensive Environmental Response, Compensa2 tion, and Liability Act of 1980 (42 U.S.C. 9602

3 or 9606) or a corrective action taken under that

4 Act;

5 (C) any separated metal, pipe, glass, plas6 tic, paper, textile, or other material that has

7 been removed or otherwise diverted from munic8 ipal waste for the purposes of recycling or rec9 lamation; and

10 (D) any solid waste that is generated by

11 an industrial facility and transported for the

12 purpose of containment, storage, or disposal to

13 a facility that is owned or operated by the gen14 erator of that waste, or is located on property

15 owned by the generator or a company with

16 which the operator is affiliated.

17 (2) The term ‘‘recyclable materials’’ means any

18 metal, pipe, glass, plastic, textile, or other material

19 that has been separated or otherwise diverted from

20 municipal waste for the purpose of reclamation, re21 manufacture, or reuse.

22 (3) The term ‘‘waste management facility’’

23 means any facility collecting, separating, storing,

24 transporting, transferring, treating, processing, or

25 disposing of municipal waste.
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