Summary: S.398 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for S.398. Bill summaries are authored by CRS.

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Introduced in Senate (02/13/1995)

Flow Control Act of 1995 - Authorizes a State or qualified political subdivision to exercise flow control authority for municipal solid waste, incinerator ash, and construction or demolition debris generated within its boundaries if, before May 15, 1994, such entity: (1) adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods; and (2) committed to the designation of a facility for such methods. Authorizes such an entity to exercise such authority for voluntarily relinquished recyclable materials generated within its boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment.

Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of 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.

Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases.

Establishes additional conditions on the exercise of flow control authority, including requirements that: (1) such authority is necessary to meet current or anticipated waste management needs; (2) revenues derived from the exercise of such authority are devoted primarily to solid waste management services; and (3) States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials.

Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce.