Calendar No. 676

103D CONGRESS

2D SESSION H. R. 4779

AN ACT

To amend the Solid Waste Disposal Act to authorfor other purposes. receipt of out-of-State municipal solid waste, and ize local governments and Governors to restrict

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Received; read twice and placed on the calendar
II

Calendar No. 676

103D CONGRESS

2D SESSION H. R. 4779

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Received; read twice and placed on the calendar

AN ACT

To amend the Solid Waste Disposal Act to authorize local

governments and Governors to restrict receipt of outof-State municipal solid waste, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘State and Local Gov3 ernment Interstate Waste Control Act of 1994’’.

4 SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF

5 MUNICIPAL SOLID WASTE.

6 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis7 posal Act (42 U.S.C. 6941 et seq.) is amended by adding

8 after section 4010 the following new section:

9 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL

10 OF MUNICIPAL SOLID WASTE.

11 ‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE

12 WASTE.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) AUTHORIZATION.—A landfill or incin15 erator in a State may not receive for disposal

16 or incineration any out-of-State municipal solid

17 waste unless the owner or operator of such

18 landfill or incinerator obtains explicit authoriza19 tion (as part of a host community agreement)

20 from the affected local government to receive

21 the waste.

22 ‘‘(B) REQUIREMENTS FOR AUTHORIZA23 TION.—An authorization granted pursuant to

24 subparagraph (A) shall—

25 ‘‘(i) be granted by formal action at a

26 meeting;
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1 ‘‘(ii) be recorded in writing in the offi2 cial record of the meeting; and

3 ‘‘(iii) remain in effect according to its

4 terms.

5 ‘‘(C) DISCRETIONARY TERMS AND CONDI6 TIONS.—An authorization granted pursuant to

7 subparagraph (A) may specify terms and condi8 tions, including an amount of out-of-State

9 waste that an owner or operator may receive

10 and the duration of the authorization.

11 ‘‘(D) NOTIFICATION.—Promptly, but not

12 later than 90 days after an authorization is

13 granted, the affected local government shall no14 tify the Governor, contiguous local govern15 ments, and any contiguous Indian tribes of an

16 authorization granted under this subsection.

17 ‘‘(2) INFORMATION.—Prior to seeking an au18 thorization to receive out-of-State municipal solid

19 waste pursuant to this subsection, the owner or op20 erator of the facility seeking such authorization shall

21 provide (and make readily available to the Governor,

22 each contiguous local government and Indian tribe,

23 and any other interested person for inspection and

24 copying) the following information:
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1 ‘‘(A) A brief description of the facility, in2 cluding, with respect to both the facility and

3 any planned expansion of the facility, the size,

4 ultimate waste capacity, and the anticipated

5 monthly and yearly quantities of (expressed in

6 terms of volume) waste to be handled.

7 ‘‘(B) A map of the facility site indicating

8 location in relation to the local road system and

9 topography and hydrogeological features. The

10 map shall indicate any buffer zones to be ac11 quired by the owner or operator as well as all

12 facility units.

13 ‘‘(C) A description of the then current en14 vironmental characteristics of the site, a de15 scription of ground water use in the area (in16 cluding identification of private wells and public

17 drinking water sources), and a discussion of al18 terations that may be necessitated by, or occur

19 as a result of, the facility.

20 ‘‘(D) A description of environmental con21 trols typically required to be used on the site

22 (pursuant to permit requirements), including

23 run on or run off management (or both), air

24 pollution control devices, source separation pro25 cedures (if any), methane monitoring and con-
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1 trol, landfill covers, liners or leachate collection

2 systems, and monitoring programs. In addition,

3 the description shall include a description of

4 any waste residuals generated by the facility,

5 including leachate or ash, and the planned man6 agement of the residuals.

7 ‘‘(E) A description of site access controls

8 to be employed, and roadway improvements to

9 be made, by the owner or operator, and an esti10 mate of the timing and extent of increased local

11 truck traffic.

12 ‘‘(F) A list of all required Federal, State,

13 and local permits.

14 ‘‘(G) Estimates of the personnel require15 ments of the facility, including information re16 garding the probable skill and education levels

17 required for jobs at the facility. To the extent

18 practicable, the information shall distinguish

19 between employment statistics for preopera20 tional and postoperational levels.

21 ‘‘(H) Any information that is required by

22 State or Federal law to be provided with re23 spect to any violations of environmental laws

24 (including regulations) by the owner, the opera25 tor, and any subsidiary of the owner or opera-
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1 tor, the disposition of enforcement proceedings

2 taken with respect to the violations, and correc3 tive action and rehabilitation measures taken as

4 a result of the proceedings.

5 ‘‘(I) Any information that is required by

6 State or Federal law to be provided with re7 spect to gifts and contributions made by the

8 owner or operator.

9 ‘‘(J) Any information that is required by

10 State or Federal law to be provided with re11 spect to compliance by the owner or operator

12 with the State solid waste management plan.

13 ‘‘(3) NOTIFICATION.—Prior to taking formal

14 action with respect to granting authorization to re15 ceive out-of-State municipal solid waste pursuant to

16 this subsection, an affected local government shall—

17 ‘‘(A) notify the Governor, contiguous local

18 governments, and any contiguous Indian tribes;

19 ‘‘(B) publish notice of the action in a

20 newspaper of general circulation at least 30

21 days before holding a hearing and again at

22 least 15 days before holding the hearing, except

23 where State law provides for an alternate form

24 of public notification; and
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1 ‘‘(C) provide an opportunity for public

2 comment in accordance with State law, includ3 ing at least 1 public hearing.

4 ‘‘(b) AUTHORIZATION NOT REQUIRED FOR CERTAIN

5 FACILITIES.—

6 ‘‘(1) IN GENERAL.—A landfill or incinerator

7 may receive for disposal or incineration out-of-State

8 municipal solid waste in the absence of an authoriza9 tion under subsection (a) if each of the following re10 quirements are met:

11 ‘‘(A) The owner or operator shall provide

12 either of the following to the Governor of the

13 State in which the landfill or incinerator is lo14 cated and to the affected local government:

15 ‘‘(i) Information establishing that, be16 fore the date of the enactment of this sec17 tion, the owner or operator of the landfill

18 or incinerator has entered into a host com19 munity agreement or received a State per20 mit, specifically authorizing the owner or

21 operator to accept, at the landfill or incin22 erator, out-of-State municipal solid waste.

23 This clause shall be effective only if the

24 owner or operator complies with all of the

25 terms and conditions of the host commu-
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1 nity agreement or permit and, in the case

2 of a permit, notifies the affected local gov3 ernment of the permit, as soon as prac4 ticable but not later than 90 days after the

5 date of enactment of this section.

6 ‘‘(ii) Information establishing that

7 during 1993, the landfill or incinerator re8 ceived shipments of out-of-State municipal

9 solid waste. Such information shall be in

10 such documented form as will result in

11 criminal penalties under State law in case

12 of false or misleading information. Such

13 information shall include information

14 about the date of shipment, place of origin

15 of the waste, and the type of waste.

16 ‘‘(B) In the case of a landfill or incinerator

17 in operation on the date of the enactment of

18 this section, the landfill or incinerator must be

19 in compliance as of such date with applicable

20 Federal and State environmental laws (includ21 ing regulations), including, in the case of land22 fills, applicable laws and regulations relating to

23 design and location standards, leachate collec24 tion, ground water monitoring, and financial as-
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1 surance for closure and post-closure care and

2 corrective action.

3 ‘‘(2) AMOUNT RECEIVED UNDER PARAGRAPH

4 (1)(A)(ii).—

5 ‘‘(A) STATES NOT EXERCISING RATCHET

6 AUTHORITY UNDER (c)(5).—

7 ‘‘(i) FACILITIES COVERED.—This sub8 paragraph shall cover only landfills and in9 cinerators in States which do not establish

10 a limit on out-of-State municipal solid

11 waste under subsection (c)(5).

12 ‘‘(ii) WASTE UNDER CONTRACT.—For

13 any landfill or incinerator covered by this

14 subparagraph and authorized to receive

15 out-of-State municipal solid waste pursu16 ant to paragraph (1)(A)(ii), if out-of-State

17 municipal solid waste was received at such

18 landfill or incinerator during 1993 under a

19 contract, paragraph (1)(A)(ii) shall apply

20 to the amount of out-of-State municipal

21 solid waste specified in the contract for the

22 longer of the following periods:

23 ‘‘(I) The life of the contract.

24 ‘‘(II) The period ending 6 years

25 after the enactment of this section.
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1 For purposes of subclause (I), the term

2 ‘life of the contract’ shall not include any

3 renewal, novation, or other extension there4 of (as determined under State law).

5 ‘‘(iii) SPOT WASTE.—For a landfill or

6 incinerator covered by this subparagraph

7 and authorized to receive out-of-State mu8 nicipal solid waste pursuant to paragraph

9 (1)(A)(ii), if out-of-State municipal solid

10 waste was received at such landfill or in11 cinerator during 1993 in the absence of a

12 contract, paragraph (1)(A)(ii) shall apply

13 to the receipt of out-of-State municipal

14 solid waste for a period ending 3 years

15 after the enactment of this section.

16 ‘‘(iv) CONTRACT AND SPOT WASTE.—

17 For any landfill or incinerator covered by

18 this subparagraph and authorized to re19 ceive out-of-State municipal solid waste

20 pursuant to paragraph (1)(A)(ii), if out-of21 State municipal solid waste was received at

22 such landfill or incinerator during 1993

23 both under a contract and otherwise,

24 clause (ii) shall apply with respect to the

25 waste received under the contract and
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1 clause (iii) shall apply to the other munici2 pal solid waste received at the landfill or

3 incinerator.

4 ‘‘(B) STATES EXERCISING RATCHET AU5 THORITY UNDER (c)(5).—

6 ‘‘(i) FACILITIES COVERED.—This sub7 paragraph shall cover only landfills and in8 cinerators in States which establish a limit

9 on out-of-State municipal solid waste

10 under subsection (c)(5).

11 ‘‘(ii) WASTE UNDER CONTRACT.—For

12 any landfill or incinerator covered by this

13 subparagraph and authorized to receive

14 out-of-State municipal solid waste pursu15 ant to paragraph (1)(A)(ii), if out-of-State

16 municipal solid waste was received at such

17 landfill or incinerator during 1993 under a

18 contract, paragraph (1)(A)(ii) shall apply

19 to the amount of out-of-State municipal

20 solid waste specified in the contract for the

21 longer of the following periods:

22 ‘‘(I) The life of the contract.

23 ‘‘(II) The period ending January

24 1, 2000.
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1 For purposes of subclause (I), the term

2 ‘life of the contract’ shall not include any

3 renewal, novation, or other extension there4 of (as determined under State law).

5 ‘‘(iii) SPOT WASTE.—For a landfill or

6 incinerator covered by this subparagraph

7 and authorized to receive out-of-State mu8 nicipal solid waste pursuant to paragraph

9 (1)(A)(ii), if out-of-State municipal solid

10 waste was received at such landfill or in11 cinerator during 1993 in the absence of a

12 contract, paragraph (1)(A)(ii) shall apply

13 to the receipt of out-of-State municipal

14 solid waste for a period ending January 1,

15 2000.

16 ‘‘(iv) CONTRACT AND SPOT WASTE.—

17 For any landfill or incinerator covered by

18 this subparagraph and authorized to re19 ceive out-of-State municipal solid waste

20 pursuant to paragraph (1)(A)(ii), if out-of21 State municipal solid waste was received at

22 such landfill or incinerator during 1993

23 both under a contract and otherwise,

24 clause (ii) shall apply with respect to the

25 waste received under the contract and
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1 clause (iii) shall apply to the other munici2 pal solid waste received at the landfill or

3 incinerator.

4 ‘‘(3) AVAILABILITY OF DOCUMENTATION.—The

5 owner or operator of a landfill or incinerator which

6 is exempt under paragraph (1) of this subsection

7 from the requirements of subsection (a) shall provide

8 to the State and affected local government, and

9 make available for inspection by the public in the af10 fected local community, a copy of the host commu11 nity agreement or other documentation required

12 under paragraph (1). The owner or operator may

13 omit any proprietary information contained in the

14 contracts, but shall ensure that at least the following

15 information is apparent: the volume of out-of-State

16 municipal solid waste to be received, the source of

17 the waste, and the duration of the contract.

18 ‘‘(4) DENIED OR REVOKED PERMITS.—A land19 fill or incinerator may not receive for disposal or in20 cineration out-of-State municipal solid waste in the

21 absence of a host community agreement if the oper22 ating permit or license for the landfill or incinerator

23 (or renewal thereof) was denied or revoked by the

24 appropriate State agency before the date of enact25 ment of this section unless such permit or license (or
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1 renewal) has been reinstated as of such date of en2 actment.

3 ‘‘(5) WASTE WITHIN BI-STATE METROPOLITAN

4 STATISTICAL AREAS.—The owner or operator of a

5 landfill or incinerator in a State may receive out-of6 State municipal solid waste without obtaining au7 thorization under subsection (a) from the affected

8 local government if the out-of-State waste is gen9 erated within, and the landfill or incinerator is lo10 cated within, the same bi-State level A metropolitan

11 statistical area (as defined by the Office of Manage12 ment and Budget and as listed by the Office of

13 Management and Budget as of the date of enact14 ment of this section) which contains two contiguous

15 major cities each of which is in a different State.

16 ‘‘(c) AUTHORITY OF STATE TO RESTRICT OUT-OF17 STATE MUNICIPAL SOLID WASTE.—

18 ‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE19 CEIVED.—

20 ‘‘(A) LIMIT FOR ALL FACILITIES IN THE

21 STATE.—A State may limit the amount of out22 of-State municipal solid waste received annually

23 for disposal at each landfill or incinerator in the

24 State to the limitation amount described in
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1 paragraph (2), except as provided in this sub2 section. No such limit may conflict—

3 ‘‘(i) with provisions of a permit spe4 cifically authorizing the owner or operator

5 to accept, at the facility, out-of-State mu6 nicipal solid waste, or

7 ‘‘(ii) with a host community agree8 ment entered into between the owner or

9 operator of any such landfill or incinerator

10 and the affected local government.

11 ‘‘(B) CONFLICT.—A limit referred to in

12 subparagraph (A) shall be treated as conflicting

13 with a permit or host community agreement

14 if—

15 ‘‘(i) the permit or host community

16 agreement establishes a higher limit, or

17 ‘‘(ii) the permit or host community

18 agreement does not establish any limit,

19 on the amount of out-of-State municipal solid

20 waste which may be received annually at the

21 facility.

22 ‘‘(C) LIMIT FOR PARTICULAR FACILI23 TIES.—At the request of an affected local gov24 ernment that has not executed a host commu25 nity agreement, the State may limit the amount
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1 of out-of-State municipal solid waste received

2 annually for disposal at the landfill or inciner3 ator concerned to the limitation amount de4 scribed in paragraph (2). No such limit may

5 conflict with provisions of a permit specifically

6 authorizing the owner or operator to accept, at

7 the facility, out-of-State municipal solid waste.

8 ‘‘(D) EFFECT ON OTHER LAWS.—Nothing

9 in this subsection shall be interpreted or con10 strued to have any effect on any State law re11 lating to contracts.

12 ‘‘(2) LIMITATION AMOUNT.—For any landfill or

13 incinerator that commenced receiving documented

14 out-of-State municipal solid waste before the date of

15 enactment of this section, the limitation amount re16 ferred to in paragraph (1) for any year shall be

17 equal to the amount of out-of-State municipal solid

18 waste received for disposal at the landfill or inciner19 ator concerned during calendar year 1993. The doc20 umentation referred to in this subparagraph shall be

21 such as would result in criminal penalties in case of

22 false or misleading information. Such documentation

23 shall include the amount of waste received, place of

24 origin, including the identity of the generator, date

25 of shipment, and type of waste.
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1 ‘‘(3) OTHER LIMITATION AMOUNT.—(A) Except

2 as provided in subparagraph (B), the limitation

3 amount referred to in paragraph (1) shall be zero

4 for a landfill or incinerator authorized to receive out5 of-State municipal solid waste solely by reason of re6 ceipt in calendar year 1993 of municipal solid waste

7 that was not received under contract or otherwise

8 authorized under this section.

9 ‘‘(B) The limitation amount of zero referred to

10 in subparagraph (A) shall not be applicable to re11 ceipt of any out-of-State municipal solid waste by

12 the landfill or incinerator if the owner or operator,

13 on the date of enactment of this section, owned the

14 land on which the facility that received such waste

15 is located.

16 ‘‘(4) NO DISCRIMINATION.—In establishing a

17 limitation under this subsection, a State shall act in

18 a consistent manner that does not discriminate

19 against any shipments of out-of-State municipal

20 solid waste on the basis of State of origin.

21 ‘‘(5) ADDITIONAL LIMIT FOR MUNICIPAL

22 WASTE.—(A) Any State (hereinafter in this para23 graph referred to as an ‘importing State’) that im24 ported more than 750,000 tons of out-of-State mu25 nicipal solid waste in 1993 may establish a limit
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1 under this paragraph on the amount of out-of-State

2 municipal solid waste received pursuant to the au3 thority of subsection (b)(1)(A)(ii) for disposal at

4 landfills and incinerators in the importing State. A

5 limit under this paragraph shall be in addition to, or

6 in lieu of, any other limit imposed under this sub7 section. A limit under this paragraph may be im8 posed only if each of the following requirements are

9 met:

10 ‘‘(i) The limit shall not conflict (within the

11 meaning of paragraph (1)(B)) with any permit

12 or host community agreement authorizing the

13 receipt of out-of-State municipal solid waste.

14 ‘‘(ii) The importing State shall notify the

15 Governor of the exporting State or States of the

16 proposed limit at least 12 months before impo17 sition of the limit.

18 ‘‘(iii) The importing State shall notify the

19 Governor of the exporting State or States of the

20 proposed limit at least 90 days before enforce21 ment of the limit.

22 ‘‘(iv) The percentage reduction in the

23 amount of out-of-State municipal solid waste

24 which is received at each facility in the import25 ing State at which a limit may be established
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1 under this paragraph shall be uniform for all

2 such facilities.

3 ‘‘(B) The limit established under this para4 graph shall be a percentage of the amount of out5 of-State municipal solid waste generated in the ex6 porting State during calendar year 1993 and re7 ceived at facilities in the importing State in which

8 a limit is established under this paragraph. For any

9 calendar year after 1994, the percentage shall be as

10 specified in the following table:

Applicable

‘‘Calendar year: Percentage:

1996 ......................................................................................... 85

1997 ......................................................................................... 75

1998 ......................................................................................... 65

1999 ......................................................................................... 55

after 1999 ................................................................................ 50.

11 ‘‘(d) NEEDS DETERMINATION.—Any comprehensive

12 solid waste management plan approved under Federal or

13 State law and any implementation of such plan through

14 the State permitting process may take into account local

15 and regional needs for solid waste disposal capacity. An

16 affected local government may make a determination that

17 there is no local or regional need for a new landfill or in18 cinerator or major modification to an existing facility in

19 the area under the jurisdiction of the affected local govern20 ment. Such determination shall be based on a finding that

21 the proposed facility does not have a host community

22 agreement or is inconsistent with the capacity needs estab-
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1 lished in the comprehensive solid waste management plan

2 adopted by the affected local government pursuant to

3 State law. No comprehensive solid waste management plan

4 may expressly prohibit the importation of municipal solid

5 waste from out of State.

6 ‘‘(e) IMPLEMENTATION AND ENFORCEMENT.—Any

7 State may adopt such laws and regulations, not inconsist8 ent with this section, as are necessary to implement and

9 enforce this section, including provisions for penalties.

10 ‘‘(f) EFFECT ON INTERSTATE COMMERCE.—No

11 State limitation established as provided in subsection (c),

12 no State planning and permitting process referred to in

13 subsection (d), and no State law or regulation referred to

14 in subsection (e) shall be considered to impose an undue

15 burden on interstate commerce or to otherwise impair, re16 strain, or discriminate against interstate commerce.

17 ‘‘(g) ANNUAL STATE REPORT.—Each year the owner

18 or operator of each landfill or incinerator receiving out19 of-State municipal solid waste shall submit to the Gov20 ernor of the State in which the landfill or incinerator is

21 located information specifying the amount of out-of-State

22 municipal solid waste received for disposal during the pre23 ceding year. Each year each such State shall publish and

24 make available to the public, a report containing informa25 tion on the amount of out-of-State municipal solid waste
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1 received for disposal in the State during the preceding

2 year.

3 ‘‘(h) DEFINITIONS.—For purposes of this section:

4 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A)

5 For any landfill or incinerator, the term ‘affected

6 local government’ shall mean—

7 ‘‘(i) the public body authorized by State

8 law to plan for the management of municipal

9 solid waste, a majority of the members of which

10 are elected officials, for the area in which the

11 landfill or incinerator is located or proposed to

12 be located, or

13 ‘‘(ii) if there is no such body created by

14 State law, the elected officials of the city, town,

15 township, borough, county, or parish exercising

16 primary responsibility for the use of land on

17 which the facility is located or proposed to be

18 located,

19 except that for purposes of host community agree20 ments entered into before the date of enactment of

21 this section, the term shall mean either the public

22 body described in subparagraph (A) or the elected

23 officials of the city, town, township, borough, county,

24 or parish exercising primary responsibility for the

25 use of land on which the facility is located or pro-
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1 posed to be located. No host community agreement

2 that is entered into by the elected officials described

3 in clause (ii) may be overturned by an act of a pub4 lic body described in clause (i) if such body is cre5 ated by State law after the execution of such host

6 community agreement.

7 ‘‘(B) Two or more Governors of adjoining

8 States may use the authority provided in section

9 1005(b) to enter into an agreement under which

10 contiguous units of local government located in each

11 of the adjoining States may act jointly as the af12 fected local government for purposes of providing

13 authorization under subsection (a) for municipal

14 solid waste generated in one of such counties and re15 ceived for disposal or incineration in another.

16 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

17 term ‘host community agreement’ means a written,

18 legally binding agreement, lawfully entered into be19 tween an owner or operator of a landfill or inciner20 ator and an affected local government that specifi21 cally authorizes the landfill or incinerator to receive

22 out-of-State municipal solid waste.

23 ‘‘(3) MUNICIPAL SOLID WASTE.—The term

24 ‘municipal solid waste’ means all waste materials

25 discarded for disposal by households, including sin-
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1 gle and multifamily residences, and hotels and mo2 tels. The term also includes waste materials gen3 erated by commercial, institutional, and industrial

4 sources, to the extent such wastes are essentially the

5 same as waste normally generated by households or

6 were collected and disposed of with other municipal

7 solid waste as part of normal municipal solid waste

8 collection services, and regardless of when generated,

9 would be considered conditionally exempt small

10 quantity generator waste under section 3001(d). Ex11 amples of municipal solid waste include food and

12 yard waste, paper, clothing, appliances, consumer

13 product packaging, disposable diapers, office sup14 plies, cosmetics, glass and metal food containers, ele15 mentary or secondary school science laboratory

16 waste, and household hazardous waste. Such term

17 shall include debris resulting from construction, re18 modeling, repair, or demolition of structures other

19 than debris that is not otherwise commingled with

20 other municipal solid waste and has been determined

21 by the generator, to be contaminated. For purposes

22 of determining whether any such debris is contami23 nated, the generator shall conduct representative

24 sampling and analysis of such debris, the results of

25 which shall be submitted to the affected local gov-
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1 ernment for record keeping purposes only, unless not

2 required by the affected local government. Any such

3 debris that has been determined to be contaminated

4 shall be disposed of in a landfill that meets, at a

5 minimum, the requirements of this subtitle. The

6 term does not include any of the following:

7 ‘‘(A) Any solid waste identified or listed as

8 a hazardous waste under section 3001.

9 ‘‘(B) Any solid waste, including contami10 nated soil and debris, resulting from—

11 ‘‘(i) a response action taken under

12 section 104 or 106 of the Comprehensive

13 Environmental Response, Compensation,

14 and Liability Act (42 U.S.C. 9604 or

15 9606),

16 ‘‘(ii) a response action taken under a

17 State law with authorities comparable to

18 the authorities of section 104 or 106, or

19 ‘‘(iii) a corrective action taken under

20 this Act.

21 ‘‘(C) Recyclable materials that have been

22 separated, at the source of the waste, from

23 waste otherwise destined for disposal or that

24 have been managed separately from waste des25 tined for disposal.
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1 ‘‘(D) Materials and products returned

2 from a dispenser or distributor to the manufac3 turer or an agent of the manufacturer for cred4 it, evaluation, and possible reuse.

5 ‘‘(E) Any solid waste that is—

6 ‘‘(i) generated by an industrial facil7 ity; and

8 ‘‘(ii) transported for the purpose of

9 treatment, storage, or disposal to a facility

10 that is owned or operated by the generator

11 of the waste, or is located on property

12 owned by the generator of a company with

13 which the generator is affiliated.

14 ‘‘(F) Any medical waste that is segregated

15 from or not mixed with solid waste.

16 ‘‘(G) Sewage sludge and residuals from

17 any sewage treatment plant, including any sew18 age treatment plant required to be constructed

19 in the State of Massachusetts pursuant to any

20 court order issued against the Massachusetts

21 Water Resources Authority.

22 ‘‘(H) Combustion ash generated by re23 source recovery facilities or municipal inciner24 ators, or waste from manufacturing or process25 ing (including pollution control) operations not
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1 essentially the same as waste normally gen2 erated by households.

3 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

4 WASTE.—The term ‘out-of-State municipal solid

5 waste’, means, with respect to any State, municipal

6 solid waste generated outside of the State. The term

7 includes municipal solid waste generated outside of

8 the United States.

9 ‘‘(5) SPECIFIC AUTHORIZATION.—For purposes

10 of this section, the term ‘specifically authorizes’ re11 fers to an explicit authorization, contained in a host

12 community agreement or permit, to import waste

13 from outside the State. Such authorization may in14 clude a reference to a fixed radius surrounding the

15 landfill or incinerator which includes an area outside

16 the State or a reference to ‘any place of origin’, ref17 erence to specific places outside the State, or use of

18 such phrases as ‘regardless of origin’ or ‘outside the

19 State’. The language for such authorization may

20 vary as long as it clearly and affirmatively states the

21 approval or consent of the affected local government

22 or State for receipt of municipal solid waste from

23 sources or locations outside the State from which the

24 owner or operator of a landfill or incinerator pro25 poses to import it. The authorization shall not in-
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•HR 4779 PCS

1 clude general references to the receipt of waste out2 side the jurisdiction of the affected local government.

3 ‘‘(i) COST RECOVERY SURCHARGE.—

4 ‘‘(1) AUTHORITY.—A State may impose and

5 collect a cost recovery surcharge on the combustion

6 or disposal in a landfill or incinerator of out-of-State

7 municipal solid waste in such State.

8 ‘‘(2) LIMITATION.—During the period begin9 ning on the date of the enactment of this section

10 and ending on December 31, 1996, a State may not

11 impose or collect a cost recovery surcharge from a

12 facility on any out-of-State municipal solid waste

13 that meets both of the following conditions:

14 ‘‘(A) The waste is being received at the fa15 cility under one or more contracts entered into

16 before the date of the enactment of this section.

17 ‘‘(B) The amount of waste being received

18 in a calendar year under the contract or con19 tracts does not exceed the amount of waste re20 ceived at the facility during calendar year 1993.

21 ‘‘(3) AMOUNT OF SURCHARGE.—The amount of

22 the cost recovery surcharge may be no greater than

23 the amount necessary to recover those costs deter24 mined in conformance with paragraph (5) and in no

25 event may exceed $2 per ton of waste.
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•HR 4779 PCS

1 ‘‘(4) USE OF SURCHARGE COLLECTED.—All

2 cost recovery surcharges collected by a State shall be

3 used to fund those solid waste management pro4 grams administered by the State or its political sub5 divisions that incur costs for which the surcharge is

6 collected.

7 ‘‘(5) CONDITIONS.—(A) Subject to subpara8 graphs (B) and (C), a State may impose and collect

9 a cost recovery surcharge on the combustion or dis10 posal within the State of out-of-State municipal solid

11 waste if—

12 ‘‘(i) the State demonstrates a cost to the

13 State arising from the combustion or disposal

14 within the State of a volume of municipal solid

15 waste from a source outside the State;

16 ‘‘(ii) the surcharge is based on those costs

17 to the State demonstrated under subparagraph

18 (A) that, if not paid for through the surcharge,

19 would otherwise have to be paid or subsidized

20 by the State; and

21 ‘‘(iii) the surcharge is compensatory and is

22 not discriminatory.

23 ‘‘(B) In no event shall a cost recovery surcharge

24 be imposed by a State to the extent that the cost for

25 which recovery is sought is otherwise recovered by
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•HR 4779 PCS

1 any other fee or tax assessed against the generation,

2 transportation, treatment, combustion, or disposal of

3 solid waste.

4 ‘‘(C) The grant of a subsidy by a State with re5 spect to entities disposing of waste generated within

6 the State does not constitute discrimination for pur7 poses of subparagraph (A)(iii).

8 ‘‘(6) BURDEN OF PROOF.—In any proceeding in

9 which a State invokes this subsection to justify a

10 cost recovery surcharge on the combustion or dis11 posal within the State of out-of-State municipal solid

12 waste, the State shall bear the burden of establish13 ing that the cost recovery surcharge satisfies the

14 conditions set forth in paragraph (5).’’.

15 (b) TABLE OF CONTENTS AMENDMENT.—The table

16 of contents of the Solid Waste Disposal Act (42 U.S.C.

17 prec. 6901) is amended by adding after the item relating

18 to section 4010 the following new item:

‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.

Passed the House of Representatives September 28,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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