[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1080

To authorize States and political subdivisions of States to control the 
movement of municipal solid waste generated within their jurisdictions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 1995

   Mr. Minge (for himself, Mr. Vento, Mr. Oberstar, Mr. Peterson of 
   Minnesota, Mr. Luther, Mr. Gutknecht and Mr. Smith of New Jersey) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To authorize States and political subdivisions of States to control the 
movement of municipal solid waste generated within their jurisdictions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION FOR STATES AND POLITICAL SUBDIVISIONS OF 
              STATES TO CONTROL MOVEMENT OF MUNICIPAL SOLID WASTE.

    (a) Authority.--Subject to subsection (b), a State or a political 
subdivision of a State may require, by law, ordinance, or regulation, 
that all or any portion of the municipal solid waste generated within 
its jurisdiction be processed, composted, disposed of, or otherwise 
managed at a facility designated by the State or political subdivision 
for that purpose.
    (b) Limitation.--The authority provided by subsection (a) may be 
exercised only if the designated waste management facility is in 
compliance with all applicable Federal and State environmental laws and 
regulations.
    (c) Materials Separated for Recycling Not Covered.--Nothing in this 
section shall be interpreted, construed, or applied to authorize a 
State or political subdivision of a State to require materials that 
have been separated or diverted from municipal solid waste, for the 
purpose of recycling or composting, to be processed, composted, 
disposed of, or otherwise managed at a facility designated by the State 
of political subdivision of the State.
    (d) Definition.--For purposes of the Act, the term ``municipal 
solid waste'' (MSW) means garbage and refuse that is discarded as solid 
wastes from residential, commercial, institutional and industrial 
sources and community activities, including residue remaining after 
recyclable materials have been separated. The term does not include--
            (1) any waste identified or listed as hazardous waste under 
        section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) 
        other than any such hazardous waste that is contained in 
        household waste from single and multiple dwellings, and other 
        residential sources; and
            (2) materials and products returned from a dispenser or 
        distributor to the manufacturer for credit, evaluation, and 
        possible reuse.

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