II

103D CONGRESS

1ST SESSION S. 1634

To authorize each State and certain political subdivisions of States to control

the movement of municipal solid waste generated within, or imported

into, the State or political subdivisions of the State, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8 (legislative day, NOVEMBER 2), 1993

Mr. HEFLIN introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To authorize each State and certain political subdivisions

of States to control the movement of municipal solid

waste generated within, or imported into, the State or

political subdivisions of 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 of 1993’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:
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•S 1634 IS

1 (1) MUNICIPAL SOLID WASTE.—The term ‘‘mu2 nicipal solid waste’’ means refuse (and refuse-de3 rived fuel) generated by the general public and from

4 residential, commercial, institutional, and industrial

5 sources, that consists of paper, wood, yard wastes,

6 plastics, leather, rubber, and other combustible ma7 terials and noncombustible materials such as metal

8 and glass, including residue remaining after recycla9 ble materials have been separated. The term does

10 not include—

11 (A) any solid waste identified or listed as

12 hazardous waste under section 3001 of the

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

14 (B) any solid waste, including contami15 nated soil and debris, resulting from a response

16 action taken under section 104 or 106 of the

17 Comprehensive Environmental Response, Com18 pensation, and Liability Act of 1980 (42 U.S.C.

19 9604 or 9606) or a corrective action taken

20 under such Act;

21 (C) any separated metal, pipe, glass, plas22 tic, paper, textile, or other material that has

23 been separated or otherwise diverted from mu24 nicipal solid waste for the purpose of recycling

25 or reclamation; and
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1 (D) any solid waste that is generated by

2 an industrial facility and transported for the

3 purpose of containment, storage, or disposal to

4 a facility that is owned or operated by the gen5 erator of the waste, or is located on property

6 owned by the generator or a company with

7 which the operator is affiliated.

8 (2) RECYCLABLE MATERIALS.—The term ‘‘recy9 clable materials’’ means any metal, pipe, glass, plas10 tic, textile, or other material that has been separated

11 or otherwise diverted from municipal solid waste for

12 the purpose of reclamation, manufacture, or reuse.

13 (3) WASTE MANAGEMENT FACILITY.—The term

14 ‘‘waste management facility’’ means any facility that

15 collects, stores, transports, transfers, treats, proc16 esses, or disposes of municipal waste.

17 SEC. 3. CONGRESSIONAL AUTHORIZATION OF STATE CON18 TROL OVER MOVEMENT OF MUNICIPAL

19 SOLID WASTE.

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

21 State and, each political subdivision with respect to which

22 a State has delegated to a political subdivision the author23 ity to plan for, and determine methods to be used for, the

24 collection, disposal, or other means of management of mu-
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•S 1634 IS

1 nicipal solid waste generated within, or imported, into, the

2 boundaries of the political subdivision, is authorized to—

3 (1) direct, limit, regulate, or prohibit the move4 ment of municipal solid waste generated within, or

5 imported into, the boundaries of the State (or politi6 cal subdivision); and

7 (2) designate 1 or more waste management fa8 cilities to which municipal solid waste generated

9 within, or imported within, the State (or political

10 subdivision) shall be transported.

11 (b) LIMITATIONS.—

12 (1) IN GENERAL.—The authority granted to a

13 State or political subdivision of a State pursuant to

14 subsection (a) may be exercised by the State or po15 litical subdivision of a State only if both of the fol16 lowing conditions are met:

17 (A) Recyclable materials will be removed

18 from the municipal solid waste in accordance

19 with applicable State municipal waste planning

20 requirements by means of separation at the

21 source or at 1 or more facilities, unless the po22 litical subdivision in which the municipal solid

23 waste is generated is exempt from recycling re24 quirements under an applicable State municipal

25 solid waste plan.
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1 (B) Each municipal solid waste manage2 ment facility to be designated by a State or a

3 political subdivision of the State is not presently

4 in violation of applicable Federal and State en5 vironmental laws (including regulations).

6 (2) RECYCLABLE MATERIALS.—No State or po7 litical subdivision of a State may prohibit a person

8 from selling, conveying, or arranging for the trans9 portation of, recyclable materials that are owned by

10 the person and that have been separated from mu11 nicipal solid waste. A State or political subdivision of

12 a State may require the person to report the volume

13 and types of recyclable materials to the State or po14 litical subdivision for the purpose of ensuring com15 pliance with required recyclable material diversion

16 rates.

Æ