I
103D CONGRESS
2D SESSION
H. R. 4643
To amend the Solid Waste Disposal Act to provide and clarify the authority
for certain municipal solid waste flow control arrangements.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 1994
Mr. RICHARDSON (for himself, Mr. FIELDS of Texas, Mr. BRYANT, and Mr.
GRAMS) introduced the following bill; which was referred to the Commit-
tee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to provide and
clarify the authority for certain municipal solid waste
flow control arrangements.
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 of 1994’’.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CON-
TROL 
OVER 
MOVEMENT 
OF 
MUNICIPAL
SOLID WASTE AND RECYCLABLE MATERIALS.
(a) AMENDMENT.—Subtitle D of the Solid Waste
Disposal Act is amended by adding the following new sec-
tion after section 4010:
‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE
CONTROL OVER MOVEMENT OF MUNICIPAL
SOLID WASTE AND RECYCLABLE MATERIALS.
‘‘(a) AUTHORITY.—Each State and each political
subdivision thereof is authorized to require the movement
of municipal solid waste generated, and recyclable material
voluntarily relinquished by its owner, within its jurisdic-
tion to one or more waste management facilities or recy-
cling facilities if such requirement—
‘‘(1) is imposed pursuant to a law, ordinance,
or other official act of the State or political subdivi-
sion in effect on January 1, 1994; and
‘‘(2) has been implemented by designating be-
fore January 1, 1994, the particular management
facilities in operation as of January 1, 1994, to
which the municipal solid waste and recyclables
must be moved.
With respect to each facility, the authority of this section
shall be effective (A) for the remaining life of a contract
between the State or political subdivision and any other
person regarding the movement or delivery of such waste
or recyclable materials, as in effect on January 1, 1994,
or (B) until completion of the schedule for payment of the
capital costs of the facility concerned, as in effect on Janu-
ary 1, 1994, whichever is longer.
‘‘(b) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion shall be interpreted or construed to have any effect
on any other law relating to the protection of human
health and the environment, or the management of munic-
ipal solid waste.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘municipal solid waste’ means
solid waste generated by the general public and from
residential, commercial, institutional, and industrial
sources, consisting of paper, wood, yard wastes,
plastics, leather, rubber, and other combustible ma-
terials and noncombustible materials such as metal
and glass, including residue remaining after recycla-
ble materials have been separated from waste des-
tined for disposal, except that the term does not in-
clude—
‘‘(A) any waste identified or listed as a
hazardous waste under section 3001 or the
Solid Waste Disposal Act (42 U.S.C. 6921) or
waste regulated under the Toxic Substances
and Control Act;
‘‘(B) any waste, including contaminated
soil and debris, resulting from response taken
under section 104 or 106 of the comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9602 or 9606)
or a corrective action taken under this Act;
‘‘(C) medical waste;
‘‘(D) industrial waste;
‘‘(E) recyclable materials; or
‘‘(F) sludge.
‘‘(2) The term ‘recyclable materials’ means any
materials that have been separated from waste oth-
erwise destined for disposal (either at the source of
the waste or at processing facilities) or that have
been managed separately from waste destined for
disposal, for the purpose of recycling, composting of
organic materials such as food and yard waste, or
reuse (other than for the purpose of incineration).
‘‘(3) The term ‘waste management facility’
means any facility collecting, separating, storing,
transporting, transferring, treating, processing, or
disposing of municipal solid waste.’’.
(b) TABLE OF CONTENTS.—The table of contents for
subtitle D of the Solid Waste Disposal Act is amended
by adding the following new item after the item relating
to section 4010:
‘‘Sec. 4011. Congressional authorization of State control over movement of mu-
nicipal solid waste and recyclable materials.’’.
Æ