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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.
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.
Summary
This Act authorizes States and political subdivisions to require that municipal solid waste generated within their jurisdictions be managed at designated facilities, provided those facilities comply with all applicable federal and state environmental laws. The Act exempts States and local governments from civil liability for their good faith passage, implementation, and enforcement of flow control ordinances issued prior to May 16, 1994, applying this exemption retroactively to legal cases commenced before enactment except those with final judgments already rendered. The authority does not extend to materials that have been separated or diverted for recycling or composting purposes.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Minge, David [D-MN-2] (D-MN)
Actions (3)
- Sep 30, 1998 Referred to the Subcommittee on Finance and Hazardous Materials. · house
- Sep 25, 1998 Referred to the House Committee on Commerce. · house
- Sep 25, 1998 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
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. <all>
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