103D CONGRESS

2D SESSION H. R. 4779

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘State and Local Gov5 ernment Interstate Waste Control Act of 1994’’.

6 SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF

7 MUNICIPAL SOLID WASTE.

8 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis9 posal Act (42 U.S.C. 6941 et seq.) is amended by adding

10 after section 4010 the following new section:
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1 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL

2 OF MUNICIPAL SOLID WASTE.

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

4 WASTE.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) AUTHORIZATION.—A landfill or incin7 erator in a State may not receive for disposal

8 or incineration any out-of-State municipal solid

9 waste unless the owner or operator of such

10 landfill or incinerator obtains explicit authoriza11 tion (as part of a host community agreement)

12 from the affected local government to receive

13 the waste.

14 ‘‘(B) REQUIREMENTS FOR AUTHORIZA15 TION.—An authorization granted pursuant to

16 subparagraph (A) shall—

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

18 meeting;

19 ‘‘(ii) be recorded in writing in the offi20 cial record of the meeting; and

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

22 terms.

23 ‘‘(C) DISCRETIONARY TERMS AND CONDI24 TIONS.—An authorization granted pursuant to

25 subparagraph (A) may specify terms and condi26 tions, including an amount of out-of-State
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1 waste that an owner or operator may receive

2 and the duration of the authorization.

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

4 later than 90 days after an authorization is

5 granted, the affected local government shall no6 tify the Governor, contiguous local govern7 ments, and any contiguous Indian tribes of an

8 authorization granted under this subsection.

9 ‘‘(2) INFORMATION.—Prior to seeking an au10 thorization to receive out-of-State municipal solid

11 waste pursuant to this subsection, the owner or op12 erator of the facility seeking such authorization shall

13 provide (and make readily available to the Governor,

14 each contiguous local government and Indian tribe,

15 and any other interested person for inspection and

16 copying) the following information:

17 ‘‘(A) A brief description of the facility, in18 cluding, with respect to both the facility and

19 any planned expansion of the facility, the size,

20 ultimate waste capacity, and the anticipated

21 monthly and yearly quantities of (expressed in

22 terms of volume) waste to be handled.

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

24 location in relation to the local road system and

25 topography and hydrogeological features. The
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1 map shall indicate any buffer zones to be ac2 quired by the owner or operator as well as all

3 facility units.

4 ‘‘(C) A description of the then current en5 vironmental characteristics of the site, a de6 scription of ground water use in the area (in7 cluding identification of private wells and public

8 drinking water sources), and a discussion of al9 terations that may be necessitated by, or occur

10 as a result of, the facility.

11 ‘‘(D) A description of environmental con12 trols typically required to be used on the site

13 (pursuant to permit requirements), including

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

15 pollution control devices, source separation pro16 cedures (if any), methane monitoring and con17 trol, landfill covers, liners or leachate collection

18 systems, and monitoring programs. In addition,

19 the description shall include a description of

20 any waste residuals generated by the facility,

21 including leachate or ash, and the planned man22 agement of the residuals.

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

24 to be employed, and roadway improvements to

25 be made, by the owner or operator, and an esti-
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1 mate of the timing and extent of increased local

2 truck traffic.

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

4 and local permits.

5 ‘‘(G) Estimates of the personnel require6 ments of the facility, including information re7 garding the probable skill and education levels

8 required for jobs at the facility. To the extent

9 practicable, the information shall distinguish

10 between employment statistics for

11 preoperational and postoperational levels.

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

13 State or Federal law to be provided with re14 spect to any violations of environmental laws

15 (including regulations) by the owner, the opera16 tor, and any subsidiary of the owner or opera17 tor, the disposition of enforcement proceedings

18 taken with respect to the violations, and correc19 tive action and rehabilitation measures taken as

20 a result of the proceedings.

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

22 State or Federal law to be provided with re23 spect to gifts and contributions made by the

24 owner or operator.
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1 ‘‘(J) Any information that is required by

2 State or Federal law to be provided with re3 spect to compliance by the owner or operator

4 with the State solid waste management plan.

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

6 action with respect to granting authorization to re7 ceive out-of-State municipal solid waste pursuant to

8 this subsection, an affected local government shall—

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

10 governments, and any contiguous Indian tribes;

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

12 newspaper of general circulation at least 30

13 days before holding a hearing and again at

14 least 15 days before holding the hearing, except

15 where State law provides for an alternate form

16 of public notification; and

17 ‘‘(C) provide an opportunity for public

18 comment in accordance with State law, includ19 ing at least 1 public hearing.

20 ‘‘(b) AUTHORIZATION NOT REQUIRED FOR CERTAIN

21 FACILITIES.—

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

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

24 municipal solid waste in the absence of an authoriza-
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1 tion under subsection (a) if each of the following re2 quirements are met:

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

4 either of the following to the Governor of the

5 State in which the landfill or incinerator is lo6 cated and to the affected local government:

7 ‘‘(i) Information establishing that, be8 fore the date of the enactment of this sec9 tion, the owner or operator of the landfill

10 or incinerator has entered into a host com11 munity agreement or received a State per12 mit, specifically authorizing the owner or

13 operator to accept, at the landfill or incin14 erator, out-of-State municipal solid waste.

15 This clause shall be effective only if the

16 owner or operator complies with all of the

17 terms and conditions of the host commu18 nity agreement or permit and, in the case

19 of a permit, notifies the affected local gov20 ernment of the permit, as soon as prac21 ticable but not later than 90 days after the

22 date of enactment of this section.

23 ‘‘(ii) Information establishing that

24 during 1993, the landfill or incinerator re25 ceived shipments of out-of-State municipal
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1 solid waste. Such information shall be in

2 such documented form as will result in

3 criminal penalties under State law in case

4 of false or misleading information. Such

5 information shall include information

6 about the date of shipment, place of origin

7 of the waste, and the type of waste.

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

9 in operation on the date of the enactment of

10 this section, the landfill or incinerator must be

11 in compliance as of such date with applicable

12 Federal and State environmental laws (includ13 ing regulations), including, in the case of land14 fills, applicable laws and regulations relating to

15 design and location standards, leachate collec16 tion, ground water monitoring, and financial as17 surance for closure and post-closure care and

18 corrective action.

19 ‘‘(2) AMOUNT RECEIVED UNDER PARAGRAPH

20 (1)(A)(ii).—

21 ‘‘(A) STATES NOT EXERCISING RATCHET

22 AUTHORITY UNDER (c)(5).—

23 ‘‘(i) FACILITIES COVERED.—This sub24 paragraph shall cover only landfills and in25 cinerators in States which do not establish
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1 a limit on out-of-State municipal solid

2 waste under subsection (c)(5).

3 ‘‘(ii) WASTE UNDER CONTRACT.—For

4 any landfill or incinerator covered by this

5 subparagraph and authorized to receive

6 out-of-State municipal solid waste pursu7 ant to paragraph (1)(A)(ii), if out-of-State

8 municipal solid waste was received at such

9 landfill or incinerator during 1993 under a

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

11 to the amount of out-of-State municipal

12 solid waste specified in the contract for the

13 longer of the following periods:

14 ‘‘(I) The life of the contract.

15 ‘‘(II) The period ending 6 years

16 after the enactment of this section.

17 For purposes of subclause (I), the term

18 ‘life of the contract’ shall not include any

19 renewal, novation, or other extension there20 of (as determined under State law).

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

22 incinerator covered by this subparagraph

23 and authorized to receive out-of-State mu24 nicipal solid waste pursuant to paragraph

25 (1)(A)(ii), if out-of-State municipal solid
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1 waste was received at such landfill or in2 cinerator during 1993 in the absence of a

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

4 to the receipt of out-of-State municipal

5 solid waste for a period ending 3 years

6 after the enactment of this section.

7 ‘‘(iv) CONTRACT AND SPOT WASTE.—

8 For any landfill or incinerator covered by

9 this subparagraph and authorized to re10 ceive out-of-State municipal solid waste

11 pursuant to paragraph (1)(A)(ii), if out-of12 State municipal solid waste was received at

13 such landfill or incinerator during 1993

14 both under a contract and otherwise,

15 clause (ii) shall apply with respect to the

16 waste received under the contract and

17 clause (iii) shall apply to the other munici18 pal solid waste received at the landfill or

19 incinerator.

20 ‘‘(B) STATES EXERCISING RATCHET AU21 THORITY UNDER (c)(5).—

22 ‘‘(i) FACILITIES COVERED.—This sub23 paragraph shall cover only landfills and in24 cinerators in States which establish a limit
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1 on out-of-State municipal solid waste

2 under subsection (c)(5).

3 ‘‘(ii) WASTE UNDER CONTRACT.—For

4 any landfill or incinerator covered by this

5 subparagraph and authorized to receive

6 out-of-State municipal solid waste pursu7 ant to paragraph (1)(A)(ii), if out-of-State

8 municipal solid waste was received at such

9 landfill or incinerator during 1993 under a

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

11 to the amount of out-of-State municipal

12 solid waste specified in the contract for the

13 longer of the following periods:

14 ‘‘(I) The life of the contract.

15 ‘‘(II) The period ending January

16 1, 2000.

17 For purposes of subclause (I), the term

18 ‘life of the contract’ shall not include any

19 renewal, novation, or other extension there20 of (as determined under State law).

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

22 incinerator covered by this subparagraph

23 and authorized to receive out-of-State mu24 nicipal solid waste pursuant to paragraph

25 (1)(A)(ii), if out-of-State municipal solid
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1 waste was received at such landfill or in2 cinerator during 1993 in the absence of a

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

4 to the receipt of out-of-State municipal

5 solid waste for a period ending January 1,

6 2000.

7 ‘‘(iv) CONTRACT AND SPOT WASTE.—

8 For any landfill or incinerator covered by

9 this subparagraph and authorized to re10 ceive out-of-State municipal solid waste

11 pursuant to paragraph (1)(A)(ii), if out-of12 State municipal solid waste was received at

13 such landfill or incinerator during 1993

14 both under a contract and otherwise,

15 clause (ii) shall apply with respect to the

16 waste received under the contract and

17 clause (iii) shall apply to the other munici18 pal solid waste received at the landfill or

19 incinerator.

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

21 owner or operator of a landfill or incinerator which

22 is exempt under paragraph (1) of this subsection

23 from the requirements of subsection (a) shall provide

24 to the State and affected local government, and

25 make available for inspection by the public in the af-
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1 fected local community, a copy of the host commu2 nity agreement or other documentation required

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

4 omit any proprietary information contained in the

5 contracts, but shall ensure that at least the following

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

7 municipal solid waste to be received, the source of

8 the waste, and the duration of the contract.

9 ‘‘(4) DENIED OR REVOKED PERMITS.—A land10 fill or incinerator may not receive for disposal or in11 cineration out-of-State municipal solid waste in the

12 absence of a host community agreement if the oper13 ating permit or license for the landfill or incinerator

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

15 appropriate State agency before the date of enact16 ment of this section unless such permit or license (or

17 renewal) has been reinstated as of such date of en18 actment.

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

20 STATISTICAL AREAS.—The owner or operator of a

21 landfill or incinerator in a State may receive out-of22 State municipal solid waste without obtaining au23 thorization under subsection (a) from the affected

24 local government if the out-of-State waste is gen25 erated within, and the landfill or incinerator is lo-
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1 cated within, the same bi-State level A metropolitan

2 statistical area (as defined by the Office of Manage3 ment and Budget and as listed by the Office of

4 Management and Budget as of the date of enact5 ment of this section) which contains two contiguous

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

7 ‘‘(c) AUTHORITY OF STATE TO RESTRICT OUT-OF8 STATE MUNICIPAL SOLID WASTE.—

9 ‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE10 CEIVED.—

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

12 STATE.—A State may limit the amount of out13 of-State municipal solid waste received annually

14 for disposal at each landfill or incinerator in the

15 State to the limitation amount described in

16 paragraph (2), except as provided in this sub17 section. No such limit may conflict—

18 ‘‘(i) with provisions of a permit spe19 cifically authorizing the owner or operator

20 to accept, at the facility, out-of-State mu21 nicipal solid waste, or

22 ‘‘(ii) with a host community agree23 ment entered into between the owner or

24 operator of any such landfill or incinerator

25 and the affected local government.
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1 ‘‘(B) CONFLICT.—A limit referred to in

2 subparagraph (A) shall be treated as conflicting

3 with a permit or host community agreement

4 if—

5 ‘‘(i) the permit or host community

6 agreement establishes a higher limit, or

7 ‘‘(ii) the permit or host community

8 agreement does not establish any limit,

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

10 waste which may be received annually at the

11 facility.

12 ‘‘(C) LIMIT FOR PARTICULAR FACILI13 TIES.—At the request of an affected local gov14 ernment that has not executed a host commu15 nity agreement, the State may limit the amount

16 of out-of-State municipal solid waste received

17 annually for disposal at the landfill or inciner18 ator concerned to the limitation amount de19 scribed in paragraph (2). No such limit may

20 conflict with provisions of a permit specifically

21 authorizing the owner or operator to accept, at

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

23 ‘‘(D) EFFECT ON OTHER LAWS.—Nothing

24 in this subsection shall be interpreted or con-
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1 strued to have any effect on any State law re2 lating to contracts.

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

4 incinerator that commenced receiving documented

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

6 enactment of this section, the limitation amount re7 ferred to in paragraph (1) for any year shall be

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

9 waste received for disposal at the landfill or inciner10 ator concerned during calendar year 1993. The doc11 umentation referred to in this subparagraph shall be

12 such as would result in criminal penalties in case of

13 false or misleading information. Such documentation

14 shall include the amount of waste received, place of

15 origin, including the identity of the generator, date

16 of shipment, and type of waste.

17 ‘‘(3) OTHER LIMITATION AMOUNT.—(A) Except

18 as provided in subparagraph (B), the limitation

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

20 for a landfill or incinerator authorized to receive out21 of-State municipal solid waste solely by reason of re22 ceipt in calendar year 1993 of municipal solid waste

23 that was not received under contract or otherwise

24 authorized under this section.
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1 ‘‘(B) The limitation amount of zero referred to

2 in subparagraph (A) shall not be applicable to re3 ceipt of any out-of-State municipal solid waste by

4 the landfill or incinerator if the owner or operator,

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

6 land on which the facility that received such waste

7 is located.

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

9 limitation under this subsection, a State shall act in

10 a consistent manner that does not discriminate

11 against any shipments of out-of-State municipal

12 solid waste on the basis of State of origin.

13 ‘‘(5) ADDITIONAL LIMIT FOR MUNICIPAL

14 WASTE.—(A) Any State (hereinafter in this para15 graph referred to as an ‘importing State’) that im16 ported more than 750,000 tons of out-of-State mu17 nicipal solid waste in 1993 may establish a limit

18 under this paragraph on the amount of out-of-State

19 municipal solid waste received pursuant to the au20 thority of subsection (b)(1)(A)(ii) for disposal at

21 landfills and incinerators in the importing State. A

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

23 in lieu of, any other limit imposed under this sub24 section. A limit under this paragraph may be im-
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1 posed only if each of the following requirements are

2 met:

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

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

5 or host community agreement authorizing the

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

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

8 Governor of the exporting State or States of the

9 proposed limit at least 12 months before impo10 sition of the limit.

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

12 Governor of the exporting State or States of the

13 proposed limit at least 90 days before enforce14 ment of the limit.

15 ‘‘(iv) The percentage reduction in the

16 amount of out-of-State municipal solid waste

17 which is received at each facility in the import18 ing State at which a limit may be established

19 under this paragraph shall be uniform for all

20 such facilities.

21 ‘‘(B) The limit established under this para22 graph shall be a percentage of the amount of out23 of-State municipal solid waste generated in the ex24 porting State during calendar year 1993 and re25 ceived at facilities in the importing State in which
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1 a limit is established under this paragraph. For any

2 calendar year after 1994, the percentage shall be as

3 specified in the following table:

Applicable

‘‘Calendar year: Percentage:

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

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

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

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

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

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

5 solid waste management plan approved under Federal or

6 State law and any implementation of such plan through

7 the State permitting process may take into account local

8 and regional needs for solid waste disposal capacity. An

9 affected local government may make a determination that

10 there is no local or regional need for a new landfill or in11 cinerator or major modification to an existing facility in

12 the area under the jurisdiction of the affected local govern13 ment. Such determination shall be based on a finding that

14 the proposed facility does not have a host community

15 agreement or is inconsistent with the capacity needs estab16 lished in the comprehensive solid waste management plan

17 adopted by the affected local government pursuant to

18 State law. No comprehensive solid waste management plan

19 may expressly prohibit the importation of municipal solid

20 waste from out of State.

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

22 State may adopt such laws and regulations, not inconsist-
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1 ent with this section, as are necessary to implement and

2 enforce this section, including provisions for penalties.

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

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

5 no State planning and permitting process referred to in

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

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

8 burden on interstate commerce or to otherwise impair, re9 strain, or discriminate against interstate commerce.

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

11 or operator of each landfill or incinerator receiving out12 of-State municipal solid waste shall submit to the Gov13 ernor of the State in which the landfill or incinerator is

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

15 municipal solid waste received for disposal during the pre16 ceding year. Each year each such State shall publish and

17 make available to the public, a report containing informa18 tion on the amount of out-of-State municipal solid waste

19 received for disposal in the State during the preceding

20 year.

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

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

23 For any landfill or incinerator, the term ‘affected

24 local government’ shall mean—
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1 ‘‘(i) the public body authorized by State

2 law to plan for the management of municipal

3 solid waste, a majority of the members of which

4 are elected officials, for the area in which the

5 landfill or incinerator is located or proposed to

6 be located, or

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

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

9 township, borough, county, or parish exercising

10 primary responsibility for the use of land on

11 which the facility is located or proposed to be

12 located,

13 except that for purposes of host community agree14 ments entered into before the date of enactment of

15 this section, the term shall mean either the public

16 body described in subparagraph (A) or the elected

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

18 or parish exercising primary responsibility for the

19 use of land on which the facility is located or pro20 posed to be located. No host community agreement

21 that is entered into by the elected officials described

22 in clause (ii) may be overturned by an act of a pub23 lic body described in clause (i) of such body is cre24 ated by State law after the execution of such host

25 community agreement.
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1 ‘‘(B) Two or more Governors of adjoining

2 States may use the authority provided in section

3 1005(b) to enter into an agreement under which

4 contiguous units of local government located in each

5 of the adjoining States may act jointly as the af6 fected local government for purposes of providing

7 authorization under subsection (a) for municipal

8 solid waste generated in one of such counties and re9 ceived for disposal or incineration in another.

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

11 term ‘host community agreement’ means a written,

12 legally binding agreement, lawfully entered into be13 tween an owner or operator of a landfill or inciner14 ator and an affected local government that specifi15 cally authorizes the landfill or incinerator to receive

16 out-of-State municipal solid waste.

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

18 ‘municipal solid waste’ means all waste materials

19 discarded for disposal by households, including sin20 gle and multifamily residences, and hotels and mo21 tels. The term also includes waste materials gen22 erated by commercial, institutional, and industrial

23 sources, to the extent such wastes are essentially the

24 same as waste normally generated by households or

25 were collected and disposed of with other municipal
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1 solid waste as part of normal municipal solid waste

2 collection services, and regardless of when generated,

3 would be considered conditionally exempt small

4 quantity generator waste under section 3001(d). Ex5 amples of municipal solid waste include food and

6 yard waste, paper, clothing, appliances, consumer

7 product packaging, disposable diapers, office sup8 plies, cosmetics, glass and metal food containers, ele9 mentary or secondary school science laboratory

10 waste, and household hazardous waste. Such term

11 shall include debris resulting from construction, re12 modeling, repair, or demolition of structures other

13 than debris that is not otherwise commingled with

14 other municipal solid waste and has been determined

15 by the generator, to be contaminated. For purposes

16 of determining whether any such debris is contami17 nated, the generator shall conduct representative

18 sampling and analysis of such debris, the results of

19 which shall be submitted to the affected local gov20 ernment for record keeping purposes only, unless not

21 required by the affected local government. Any such

22 debris that has been determined to be contaminated

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

24 minimum, the requirements of this subtitle. The

25 term does not include any of the following:
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1 ‘‘(A) Any solid waste identified or listed as

2 a hazardous waste under section 3001.

3 ‘‘(B) Any solid waste, including contami4 nated soil and debris, resulting from—

5 ‘‘(i) a response action taken under

6 section 104 or 106 of the Comprehensive

7 Environmental Response, Compensation,

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

9 9606),

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

11 State law with authorities comparable to

12 the authorities of section 104 or 106, or

13 ‘‘(iii) a corrective action taken under

14 this Act.

15 ‘‘(C) Recyclable materials that have been

16 separated, at the source of the waste, from

17 waste otherwise destined for disposal or that

18 have been managed separately from waste des19 tined for disposal.

20 ‘‘(D) Materials and products returned

21 from a dispenser or distributor to the manufac22 turer or an agent of the manufacturer for cred23 it, evaluation, and possible reuse.

24 ‘‘(E) Any solid waste that is—
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1 ‘‘(i) generated by an industrial facil2 ity; and

3 ‘‘(ii) transported for the purpose of

4 treatment, storage, or disposal to a facility

5 that is owned or operated by the generator

6 of the waste, or is located on property

7 owned by the generator of a company with

8 which the generator is affiliated.

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

10 from or not mixed with solid waste.

11 ‘‘(G) Sewage sludge and residuals from

12 any sewage treatment plant, including any sew13 age treatment plant required to be constructed

14 in the State of Massachusetts pursuant to any

15 court order issued against the Massachusetts

16 Water Resources Authority.

17 ‘‘(H) Combustion ash generated by re18 source recovery facilities or municipal inciner19 ators, or waste from manufacturing or process20 ing (including pollution control) operations not

21 essentially the same as waste normally gen22 erated by households.

23 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

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

25 waste’, means, with respect to any State, municipal
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1 solid waste generated outside of the State. The term

2 includes municipal solid waste generated outside of

3 the United States.

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

5 of this section, the term ‘specifically authorizes’ re6 fers to an explicit authorization, contained in a host

7 community agreement or permit, to import waste

8 from outside the State. Such authorization may in9 clude a reference to a fixed radius surrounding the

10 landfill or incinerator which includes an area outside

11 the State or a reference to ‘any place of origin’, ref12 erence to specific places outside the State, or use of

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

14 State’. The language for such authorization may

15 vary as long as it clearly and affirmatively states the

16 approval or consent of the affected local government

17 or State for receipt of municipal solid waste from

18 sources or locations outside the State from which the

19 owner or operator of a landfill or incinerator pro20 poses to import it. The authorization shall not in21 clude general references to the receipt of waste out22 side the jurisdiction of the affected local government.

23 ‘‘(i) COST RECOVERY SURCHARGE.—

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

25 collect a cost recovery surcharge on the combustion
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1 or disposal in a landfill or incinerator of out-of-State

2 municipal solid waste in such State.

3 ‘‘(2) LIMITATION.—During the period begin4 ning on the date of the enactment of this section

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

6 impose or collect a cost recovery surcharge from a

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

8 that meets both of the following conditions:

9 ‘‘(A) The waste is being received at the fa10 cility under one or more contracts entered into

11 before the date of the enactment of this section.

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

13 in a calendar year under the contract or con14 tracts does not exceed the amount of waste re15 ceived at the facility during calendar year 1993.

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

17 the cost recovery surcharge may be no greater than

18 the amount necessary to recover those costs deter19 mined in conformance with paragraph (5) and in no

20 event may exceed $2 per ton of waste.

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

22 cost recovery surcharges collected by a State shall be

23 used to fund those solid waste management pro24 grams administered by the State or its political sub-
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•HR 4779 EH

1 divisions that incur costs for which the surcharge is

2 collected.

3 ‘‘(5) CONDITIONS.—(A) Subject to subpara4 graphs (B) and (C), a State may impose and collect

5 a cost recovery surcharge on the combustion or dis6 posal within the State of out-of-State municipal solid

7 waste if—

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

9 State arising from the combustion or disposal

10 within the State of a volume of municipal solid

11 waste from a source outside the State;

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

13 to the State demonstrated under subparagraph

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

15 would otherwise have to be paid or subsidized

16 by the State; and

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

18 not discriminatory.

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

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

21 which recovery is sought is otherwise recovered by

22 any other fee or tax assessed against the generation,

23 transportation, treatment, combustion, or disposal of

24 solid waste.
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1 ‘‘(C) The grant of a subsidy by a State with re2 spect to entities disposing of waste generated within

3 the State does not constitute discrimination for pur4 poses of subparagraph (A)(iii).

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

6 which a State invokes this subsection to justify a

7 cost recovery surcharge on the combustion or dis8 posal within the State of out-of-State municipal solid

9 waste, the State shall bear the burden of establish10 ing that the cost recovery surcharge satisfies the

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

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

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

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

15 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:

Clerk.
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