[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4643 Introduced in House (IH)]
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
Committee 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 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 of 1994''.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL 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 section 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 jurisdiction to one or more waste management
facilities or recycling facilities if such requirement--
``(1) is imposed pursuant to a law, ordinance, or other
official act of the State or political subdivision in effect on
January 1, 1994; and
``(2) has been implemented by designating before 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 January 1,
1994, whichever is longer.
``(b) Effect on Other Laws.--Nothing in this section 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 municipal 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 materials and noncombustible materials such
as metal and glass, including residue remaining after
recyclable materials have been separated from waste destined
for disposal, except that the term does not include--
``(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 otherwise 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 municipal solid waste and recyclable
materials.''.
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