Summary: H.R.4859 — 103rd Congress (1993-1994)All Information (Except Text)

There is one summary for H.R.4859. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (07/29/1994)

Waste Flow Control Consensus Act of 1994 - Authorizes each State and qualified political subdivision to direct, regulate, or prohibit: (1) the transportation, management, or disposal of municipal solid waste generated from household sources within the boundaries of the State or subdivision and designate waste management facilities to which such waste shall be transported; (2) the transportation, management, or disposal of municipal solid waste, incinerator ash, and construction and demolition debris, and designate facilities to which such waste shall be transported, managed, or disposed if, before May 15, 1994, the State or political subdivision adopted a law or legally binding provision that regulated such waste or the law or provision identified the use of a waste management method that will be necessary for such activities with respect to municipal solid waste; and (3) transportation of recyclable materials generated within such boundaries and designate facilities to which such materials shall be transported. Permits States and subdivisions described in (2) above to direct, regulate, or prohibit the transportation, management, and disposal of municipal solid waste from any existing or future waste management facility to any other waste management facility without making findings that such authority is necessary to meet current or anticipated solid waste management needs.

Deems any contract, law, or legally binding provision of a State or qualified political subdivision that directs, regulates, or prohibits the transportation, management, or disposal of municipal solid waste as a reasonable regulation of commerce and provides that such contracts, laws, and provisions shall not be considered as impairing, restraining, or discriminating against interstate commerce.

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

Permits the authority with respect to municipal solid waste from household sources or recyclable materials only if the State or subdivision: (1) establishes a program to separate or divert specified materials for purposes of recycling, reclamation, or reuse before exercising such authority; 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.

Grants the authority under this Act only if the State or political subdivision implements a competitive designation process with respect to waste management or recyclable materials facilities. Authorizes State Governors to certify that State 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.