[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1634

To authorize each State and certain political subdivisions of States to 
  control the movement of municipal solid waste generated within, or 
 imported into, the State or political subdivisions of the State, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             November 8 (legislative day, November 2), 1993

  Mr. Heflin introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To authorize each State and certain political subdivisions of States to 
  control the movement of municipal solid waste generated within, or 
 imported into, the State or political subdivisions of 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 of 1993''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Municipal solid waste.--The term ``municipal solid 
        waste'' means refuse (and refuse-derived fuel) generated by the 
        general public and from residential, commercial, institutional, 
        and industrial sources, that consists 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 solid waste identified or listed as 
                hazardous waste under section 3001 of the Solid Waste 
                Disposal Act (42 U.S.C. 6921);
                    (B) any solid waste, including contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9604 or 9606) or a corrective action 
                taken under such Act;
                    (C) any separated metal, pipe, glass, plastic, 
                paper, textile, or other material that has been 
                separated or otherwise diverted from municipal solid 
                waste for the purpose 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 the waste, or is 
                located on property owned by the generator or a company 
                with which the operator is affiliated.
            (2) Recyclable materials.--The term ``recyclable 
        materials'' means any metal, pipe, glass, plastic, textile, or 
        other material that has been separated or otherwise diverted 
        from municipal solid waste for the purpose of reclamation, 
        manufacture, or reuse.
            (3) Waste management facility.--The term ``waste management 
        facility'' means any facility that collects, stores, 
        transports, transfers, treats, processes, or disposes of 
        municipal waste.

SEC. 3. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER MOVEMENT OF 
              MUNICIPAL SOLID WASTE.

    (a) Authority.--Subject to subsection (b), each State and, each 
political subdivision with respect to which a State has delegated to a 
political subdivision the authority to plan for, and determine methods 
to be used for, the collection, disposal, or other means of management 
of municipal solid waste generated within, or imported, into, the 
boundaries of the political subdivision, is authorized to--
            (1) direct, limit, regulate, or prohibit the movement of 
        municipal solid waste generated within, or imported into, the 
        boundaries of the State (or political subdivision); and
            (2) designate 1 or more waste management facilities to 
        which municipal solid waste generated within, or imported 
        within, the State (or political subdivision) shall be 
        transported.
    (b) Limitations.--
            (1) In general.--The authority granted to a State or 
        political subdivision of a State pursuant to subsection (a) may 
        be exercised by the State or political subdivision of a State 
        only if both of the following conditions are met:
                    (A) Recyclable materials will be removed from the 
                municipal solid waste in accordance with applicable 
                State municipal waste planning requirements by means of 
                separation at the source or at 1 or more facilities, 
                unless the political subdivision in which the municipal 
                solid waste is generated is exempt from recycling 
                requirements under an applicable State municipal solid 
                waste plan.
                    (B) Each municipal solid waste management facility 
                to be designated by a State or a political subdivision 
                of the State is not presently in violation of 
                applicable Federal and State environmental laws 
                (including regulations).
            (2) Recyclable materials.--No State or political 
        subdivision of a State may prohibit a person from selling, 
        conveying, or arranging for the transportation of, recyclable 
        materials that are owned by the person and that have been 
        separated from municipal solid waste. A State or political 
        subdivision of a State may require the person to report the 
        volume and types of recyclable materials to the State or 
        political subdivision for the purpose of ensuring compliance 
        with required recyclable material diversion rates.

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