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 munici-
pal waste generated within the State, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives 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’’.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CON-
TROL 
OVER 
MOVEMENT 
OF 
MUNICIPAL
WASTE.
(a) AUTHORITY.—Subject to subsection (b), each
State is authorized—
(1) to direct, limit, regulate, or prohibit the
movement of municipal waste generated within the
boundaries of such State; and
(2) to designate the waste management facility
or facilities to which municipal waste generated
within the boundaries of the State must be trans-
ported.
(b) LIMITATIONS.—(1) A State may exercise the au-
thority provided by subsection (a) only if both of the fol-
lowing conditions are met:
(A) Recyclable materials will be removed from
the municipal waste in accordance with State munic-
ipal waste planning requirements through separation
at the source or at a facility or facilities, unless the
political subdivision (or subdivisions) in which the
municipal waste is generated is exempt from recy-
cling requirements in the State municipal waste
plan.
(B) Each waste management facility to be des-
ignated by the State is in compliance with all appli-
cable Federal and State environmental laws and reg-
ulations.
(2) No State may prohibit a person from selling, con-
veying, or arranging for the transportation of recyclable
materials owned by such person that have been separated
from municipal waste. A State may require such a person
to report the volumes and types of recyclable materials to
the State for the purpose of assuring compliance with
mandated recyclable material diversion rates.
(c) POLITICAL SUBDIVISIONS.—A State may author-
ize political subdivisions of the State to exercise the au-
thority provided by subsection (a), subject to the limita-
tions in subsection (b).
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘municipal waste’’ means refuse
(and refuse-derived fuel) generated by the general
public and from residential, commercial, institu-
tional, and industrial sources, consisting of paper,
wood, yard wastes, plastics, leather, rubber, and
other combustible materials and noncombustible ma-
terials such as metal and glass, including residue re-
maining after recyclable materials have been sepa-
rated. The term does not include—
(A) any waste identified or listed as a haz-
ardous waste under section 3001 of the Solid
Waste Disposal Act (42 U.S.C. 6921);
(B) any waste, including contaminated soil
and debris, resulting from response action
taken under section 104 or 106 of the Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9602
or 9606) or a corrective action taken under that
Act;
(C) any separated metal, pipe, glass, plas-
tic, paper, textile, or other material that has
been removed or otherwise diverted from munic-
ipal waste for the purposes of recycling or rec-
lamation; and
(D) any solid waste that is generated by
an industrial facility and transported for the
purpose of containment, storage, or disposal to
a facility that is owned or operated by the gen-
erator of that waste, or is located on property
owned by the generator or a company with
which the operator is affiliated.
(2) The term ‘‘recyclable materials’’ means any
metal, pipe, glass, plastic, textile, or other material
that has been separated or otherwise diverted from
municipal waste for the purpose of reclamation, re-
manufacture, or reuse.
(3) The term ‘‘waste management facility’’
means any facility collecting, separating, storing,
transporting, transferring, treating, processing, or
disposing of municipal waste.