[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4635 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4635

To authorize States and political subdivisions of States to control the 
      management of municipal solid waste generated within their 
   jurisdictions, and to exempt States and political subdivisions of 
  States from civil liability with respect to the good faith passage, 
implementation, and enforcement of flow control ordinances prior to May 
                               16, 1994.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 1998

  Mr. Minge 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 
      management of municipal solid waste generated within their 
   jurisdictions, and to exempt States and political subdivisions of 
  States from civil liability with respect to the good faith passage, 
implementation, and enforcement of flow control ordinances prior to May 
                               16, 1994.

    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 TO 
              CONTROL MOVEMENT OF MUNICIPAL SOLID WASTE.

    (a) Authority.--Subject to subsection (b), a State or 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 
or political subdivision of the State.
    (d) Definition.--For purposes of this Act, the term ``municipal 
solid waste'' means garbage and refuse that is discarded as solid 
wastes from residential, commercial, and institutional 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.

SEC. 2. LIABILITY EXEMPTION.

    (a) Definitions.--For purposes of this section--
            (1) the term ``State or local government'' means--
                    (A) a State, city, county, parish, town, township, 
                village, or any other general function governmental 
                unit established by State law; or
                    (B) a solid waste management district or any other 
                special function governmental unit established by State 
                law in 1 or more States for the purpose of managing or 
                regulating solid waste disposal; and
            (2) the term ``flow control authority'' means the authority 
        to control the movement of municipal solid waste or voluntarily 
        relinquished recyclable material and direct such waste or 
        material to a waste management facility or facility for 
        recyclable material.
    (b) Prohibition.--No damages, interest on damages, costs, or 
attorneys' fees may be recovered in any claim against any State or 
local government, or official or employee thereof, based on the 
exercise of flow control authority as authorized by section 1.
    (c) Retroactivity.--Subsection (b) shall apply to cases commenced 
on or after the date of enactment of this Act, and shall apply to cases 
commenced before such date except cases in which a final judgment no 
longer subject to judicial review has been rendered.
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