Bill summaries are authored by CRS.

Shown Here:
Passed House amended (09/29/1994)

Amends the Solid Waste Disposal Act to authorize States and qualified political subdivisions to exercise flow control authority within their borders for: (1) municipal solid waste generated from household sources within their boundaries; (2) municipal solid waste generated within their boundaries if, before May 15, 1994, the States or political subdivision adopted a law, regulation, solid waste management plan, or legally binding provision that exercised such authority with respect to a waste management facility designated before such date or identified the use of waste management methods necessary for such waste and committed to the designation of facilities for such methods; and (3) recyclable materials generated within their boundaries.

Authorizes States or political subdivisions that meet requirements described by (2) above to regulate the transportation, management, and disposal of such waste from any waste management facility to any other such facility subject to certain conditions.

Permits flow control authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the States or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership.

Permits such authority with respect to waste from household sources or recyclable materials only if the State or subdivision: (1) establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse before exercising flow control authority over waste from household sources; and (2) finds on the basis of public hearings that it is necessary to exercise such authority to meet current or anticipated solid waste management needs.

Allows flow control authority only if the State or subdivision implements a competitive designation process with respect to waste management or recyclable materials facilities. Authorizes a State Governor to certify that a State's laws and regulations in effect on May 15, 1994, satisfy requirements for the competitive designation process.

Retains the applicability of certain existing laws and contracts and provides that the exercise of flow control authority shall not be considered to impair or discriminate against interstate commerce.