Flow Control Act of 1994

Flow Control Act of 1994 - Authorizes each State and qualified political subdivision to direct, regulate, or prohibit: (1) the transportation 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 or disposal of municipal solid waste, including incinerator ash or construction or demolition debris, and designate facilities to which such waste shall be transported or disposed if, before May 15, 1994, the State or political subdivision adopted a law that regulated or prohibited the transportation or disposal of such 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 and disposal of municipal solid waste from any existing or future waste management facility to any other waste management facility without regard to the following conditions on authority.

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; (2) develops and implements a competitive designation process for facilities; and (3) finds on the basis of public hearings that it is necessary to exercise such authority to meet current or anticipated solid waste management needs.

Retains the applicability of certain existing laws and contracts and provides that such laws and contracts shall be considered a reasonable regulation of commerce.