I
104TH CONGRESS
1ST SESSION
H. R. 2838
To amend the Solid Waste Disposal Act to provide congressional authorization
for State and local flow control authority over solid waste, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 22, 1995
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to provide congres-
sional authorization for State and local flow control au-
thority over solid waste, 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 ‘‘Public Debt Relief Act
of 1995’’.
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SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND
LOCAL FLOW CONTROL AUTHORITY OVER
SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section
4010 the following new section:
‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE
AND LOCAL FLOW CONTROL AUTHORITY
OVER SOLID WASTE.
‘‘(a) AREAS WITH PRE-1984 FLOW CONTROL.—
‘‘(1) GENERAL AUTHORITY.—A State may exer-
cise flow control authority over solid waste if, on or
before January 1, 1984, the State—
‘‘(A) adopted regulations under a State
law that required or directed the transportation,
management, or disposal of solid waste from
residential, commercial, institutional, or indus-
trial sources (as defined under State law) to
specifically identified waste management facili-
ties, and applied those regulations to every po-
litical subdivision of the State, and
‘‘(B) subjected waste management facilities
to the jurisdiction of a State public utilities
commission.
‘‘(2) ADDITIONAL
AUTHORITY.—A State that
meets the requirements of paragraph (1) and any
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political subdivision thereof may exercise flow control
authority over all classes and categories of solid
waste that were subject to flow control by such State
or political subdivision thereof on May 16, 1994, by
directing it from any existing waste management fa-
cility to any other existing or proposed waste man-
agement facility.
‘‘(3) LIMITATION
OF
AUTHORITY.—The addi-
tional authority granted by paragraph (2) may be
exercised to—
‘‘(A) any facility described in paragraph
(2) for up to 5 years after the date of enact-
ment of this section, and
‘‘(B) after 5 years after enactment of this
section, only to those facilities and only with re-
spect to the classes, categories, and geographic
origin of solid waste specifically identified by
the State in a public notice issued within 5
years after enactment of this section.
‘‘(4) DURATION OF AUTHORITY.—The authority
to direct solid waste to any facility pursuant to this
subsection shall terminate at the expiration date of
a revenue or general obligation bond issued to fi-
nance one or more waste management facilities.
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‘‘(5) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) The term ‘flow control authority’
means the authority to control the movement of
solid waste and direct such solid waste to one
or more waste management facilities.
‘‘(B) The term ‘proposed waste manage-
ment facility’ means a waste management facil-
ity that was specifically identified in a waste
management plan prior to May 16, 1994, and
for the construction of which—
‘‘(i) revenue bonds were issued and
outstanding as of May 16, 1994,
‘‘(ii) additional financing with revenue
bonds was required as of the date of enact-
ment of this section to complete construc-
tion, and
‘‘(iii) a permit had been issued prior
to December 31, 1994.’’.
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