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106TH CONGRESS

1ST SESSION H. R. 1270

To authorize States and political subdivisions of States to control the management of municipal solid waste generated within their jurisdictions, and

to exempt States and political subdivisions of States from civil liability

with respect to the good faith passage, implementation, and enforcement

of flow control ordinances.

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 1999

Mr. MINGE introduced the following bill; which was referred to the Committee

on Commerce

A BILL

To authorize States and political subdivisions of States to

control the management of municipal solid waste generated within their jurisdictions, and to exempt States

and political subdivisions of States from civil liability

with respect to the good faith passage, implementation,

and enforcement of flow control ordinances.

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 ‘‘Taxpayer Relief

5 Through Municipal Waste Control Act of 1999’’.
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1 SEC. 2. AUTHORIZATION FOR STATES AND POLITICAL SUB2 DIVISIONS TO CONTROL MOVEMENT OF MU3 NICIPAL SOLID WASTE.

4 (a) AUTHORITY.—Subject to subsection (b), a State

5 or political subdivision of a State may require, by law, or6 dinance, or regulation, that all or any portion of the mu7 nicipal solid waste generated within its jurisdiction be

8 processed, composted, disposed of, or otherwise managed

9 at a facility designated by the State or political subdivision

10 for that purpose.

11 (b) LIMITATION.—The authority provided by sub12 section (a) may be exercised only if the designated waste

13 management facility is in compliance with all applicable

14 Federal and State environmental laws and regulations.

15 (c) MATERIALS SEPARATED FOR RECYCLING NOT

16 COVERED.—Nothing in this section shall be interpreted,

17 construed, or applied to authorize a State or political sub18 division of a State to require materials that have been sep19 arated or diverted from municipal solid waste, for the pur20 pose of recycling or composting, to be processed,

21 composted, disposed of, or otherwise managed at a facility

22 designated by the State or political subdivision of the

23 State.

24 (d) DEFINITION.—For purposes of this Act, the term

25 ‘‘municipal solid waste’’ means garbage and refuse that

26 is discarded as solid wastes from residential, commercial,
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1 and institutional sources and community activities, includ2 ing residue remaining after recyclable materials have been

3 separated. The term does not include—

4 (1) any waste identified or listed as hazardous

5 waste under section 3001 of the Solid Waste Dis6 posal Act (42 U.S.C. 6921) other than any such

7 hazardous waste that is contained in household

8 waste from single and multiple dwellings, and other

9 residential sources; and

10 (2) materials and products returned from a dis11 penser or distributor to the manufacturer for credit,

12 evaluation, and possible reuse.

13 SEC. 3. LIABILITY EXEMPTION.

14 (a) DEFINITIONS.—For purposes of this section—

15 (1) the term ‘‘State or local government’’

16 means—

17 (A) a State, city, county, parish, town,

18 township, village, or any other general function

19 governmental unit established by State law; or

20 (B) a solid waste management district or

21 any other special function governmental unit es22 tablished by State law in 1 or more States for

23 the purpose of managing or regulating solid

24 waste disposal; and
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1 (2) the term ‘‘flow control authority’’ means the

2 authority to control the movement of municipal solid

3 waste or voluntarily relinquished recyclable material

4 and direct such waste or material to a waste man5 agement facility or facility for recyclable material.

6 (b) PROHIBITION.—No damages, interest on dam7 ages, costs, or attorneys’ fees may be recovered in any

8 claim against any State or local government, or official

9 or employee thereof, based on the exercise of flow control

10 authority as described in section 2.

11 (c) RETROACTIVITY.—Subsection (b) shall apply to

12 cases commenced on or after the date of enactment of this

13 Act, and shall apply to cases commenced before such date

14 except cases in which a final judgment no longer subject

15 to judicial review has been rendered.

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