[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1357 Introduced in House (IH)]

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 municipal waste 
          generated within the State, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 CONTROL 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 transported.
    (b) Limitations.--(1) A State may exercise the authority provided 
by subsection (a) only if both of the following conditions are met:
            (A) Recyclable materials will be removed from the municipal 
        waste in accordance with State municipal 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 recycling requirements in the State municipal waste 
        plan.
            (B) Each waste management facility to be designated by the 
        State is in compliance with all applicable Federal and State 
        environmental laws and regulations.
    (2) No State may prohibit a person from selling, conveying, 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 authorize political 
subdivisions of the State to exercise the authority provided by 
subsection (a), subject to the limitations 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, institutional, and industrial sources, 
        consisting of paper, wood, yard wastes, plastics, leather, 
        rubber, and other combustible materials and noncombustible 
        materials such as metal and glass, including residue remaining 
        after recyclable materials have been separated. The term does 
        not include--
                    (A) any waste identified or listed as a hazardous 
                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 Comprehensive Environmental 
                Response, Compensation, 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, plastic, 
                paper, textile, or other material that has been removed 
                or otherwise diverted from municipal waste for the 
                purposes of recycling or reclamation; 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 generator 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, remanufacture, or reuse.
            (3) The term ``waste management facility'' means any 
        facility collecting, separating, storing, transporting, 
        transferring, treating, processing, or disposing of municipal 
        waste.

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