Union Calendar No. 397

103D CONGRESS

2D SESSION H. R. 4779

[Report No. 103–720]

A BILL

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 16, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 397

103D CONGRESS

2D SESSION H. R. 4779

[Report No. 103–720]

To amend the Solid Waste Disposal Act to authorize local governments

and Governors to restrict receipt of out-of-State municipal solid waste,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 19, 1994

Mr. BOUCHER (for himself, Mr. UPTON, and Mr. BONIOR) introduced the

following bill; which was referred to the Committee on Energy and Commerce

SEPTEMBER 16, 1994

Additional sponsors: Mr. GILLMOR, Mr. GREENWOOD, Mr. HOLDEN, Mr.

MCHALE, and Mr. ROGERS

SEPTEMBER 16, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 19, 1994]

A BILL

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 Govern3 ment 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 or

16 incineration any out-of-State municipal solid

17 waste unless the owner or operator of such land18 fill or incinerator obtains explicit authorization

19 (as part of a host community agreement) from

20 the affected local government to receive the waste.

21 ‘‘(B) REQUIREMENTS FOR AUTHORIZA22 TION.—An authorization granted pursuant to

23 subparagraph (A) shall—

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

25 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 waste

9 that an owner or operator may receive and the

10 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 governments,

15 and any contiguous Indian tribes of an author16 ization granted under this subsection.

17 ‘‘(2) INFORMATION.—Prior to seeking an author18 ization to receive out-of-State municipal solid waste

19 pursuant to this subsection, the owner or operator of

20 the facility seeking such authorization shall provide

21 (and make readily available to the Governor, each

22 contiguous local government and Indian tribe, and

23 any other interested person for inspection and copy24 ing) the following information:
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1 ‘‘(A) A brief description of the facility, in2 cluding, with respect to both the facility and any

3 planned expansion of the facility, the size, ulti4 mate waste capacity, and the anticipated month5 ly and yearly quantities of (expressed in terms

6 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 envi14 ronmental characteristics of the site, a descrip15 tion of ground water use in the area (including

16 identification of private wells and public drink17 ing water sources), and a discussion of alter18 ations that may be necessitated by, or occur as

19 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 pol24 lution control devices, source separation proce25 dures (if any), methane monitoring and control,
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1 landfill covers, liners or leachate collection sys2 tems, and monitoring programs. In addition, the

3 description shall include a description of any

4 waste residuals generated by the facility, includ5 ing leachate or ash, and the planned manage6 ment of the residuals.

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

8 be employed, and roadway improvements to be

9 made, by the owner or operator, and an estimate

10 of the timing and extent of increased local truck

11 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 be19 tween employment statistics for preoperational

20 and postoperational levels.

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

22 State or Federal law to be provided with respect

23 to any violations of environmental laws (includ24 ing regulations) by the owner, the operator, and

25 any subsidiary of the owner or operator, the dis-
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1 position of enforcement proceedings taken with

2 respect to the violations, and corrective action

3 and rehabilitation measures taken as a result of

4 the proceedings.

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

6 State or Federal law to be provided with respect

7 to gifts and contributions made by the owner or

8 operator.

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

10 State or Federal law to be provided with respect

11 to compliance by the owner or operator with the

12 State solid waste management plan.

13 ‘‘(3) NOTIFICATION.—Prior to taking formal ac14 tion with respect to granting authorization to receive

15 out-of-State municipal solid waste pursuant to this

16 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 news20 paper of general circulation at least 30 days be21 fore holding a hearing and again at least 15

22 days before holding the hearing, except where

23 State law provides for an alternate form of pub24 lic 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 ei12 ther of the following to the Governor of the State

13 in which the landfill or incinerator is located

14 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 or

18 incinerator has entered into a host commu19 nity agreement or received a State permit,

20 specifically authorizing the owner or opera21 tor to accept, at the landfill or incinerator,

22 out-of-State municipal solid waste. This

23 clause shall be effective only if the owner or

24 operator complies with all of the terms and

25 conditions of the host community agreement
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1 or permit and, in the case of a permit, noti2 fies the affected local government of the per3 mit, as soon as practicable but not later

4 than 90 days after the date of enactment of

5 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 in13 formation shall include information about

14 the date of shipment, place of origin of the

15 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 this

18 section, the landfill or incinerator must be in

19 compliance as of such date with applicable Fed20 eral and State environmental laws (including

21 regulations), including, in the case of landfills,

22 applicable laws and regulations relating to de23 sign and location standards, leachate collection,

24 ground water monitoring, and financial assur-
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1 ance for closure and post-closure care and correc2 tive 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 out15 of-State municipal solid waste pursuant to

16 paragraph (1)(A)(ii), if out-of-State munic17 ipal solid waste was received at such land18 fill or incinerator during 1993 under a con19 tract, paragraph (1)(A)(ii) shall apply to

20 the amount of out-of-State municipal solid

21 waste specified in the contract for the longer

22 of the following periods:

23 ‘‘(I) The life of the contract.

24 ‘‘(II) The period ending 3 years

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

2 of the contract’ shall not include any re3 newal, novation, or other extension thereof

4 (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 incin11 erator during 1993 in the absence of a con12 tract, paragraph (1)(A)(ii) shall apply to

13 the receipt of out-of-State municipal solid

14 waste for a period ending 3 years after the

15 enactment of this section.

16 ‘‘(iv) CONTRACT AND SPOT WASTE.—

17 For any landfill or incinerator covered by

18 this subparagraph and authorized to receive

19 out-of-State municipal solid waste pursuant

20 to paragraph (1)(A)(ii), if out-of-State mu21 nicipal solid waste was received at such

22 landfill or incinerator during 1993 both

23 under a contract and otherwise, clause (ii)

24 shall apply with respect to the waste re25 ceived under the contract and clause (iii)
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1 shall apply to the other municipal solid

2 waste received at the landfill or incinerator.

3 ‘‘(B) STATES EXERCISING RATCHET AU4 THORITY UNDER (c)(5).—

5 ‘‘(i) FACILITIES COVERED.—This sub6 paragraph shall cover only landfills and in7 cinerators in States which establish a limit

8 on out-of-State municipal solid waste under

9 subsection (c)(5).

10 ‘‘(ii) WASTE UNDER CONTRACT.—For

11 any landfill or incinerator covered by this

12 subparagraph and authorized to receive out13 of-State municipal solid waste pursuant to

14 paragraph (1)(A)(ii), if out-of-State munic15 ipal solid waste was received at such land16 fill or incinerator during 1993 under a con17 tract, paragraph (1)(A)(ii) shall apply to

18 the amount of out-of-State municipal solid

19 waste specified in the contract for the longer

20 of the following periods:

21 ‘‘(I) The life of the contract.

22 ‘‘(II) The period ending January

23 1, 2000.

24 For purposes of subclause (I), the term ‘life

25 of the contract’ shall not include any re-
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1 newal, novation, or other extension thereof

2 (as determined under State law).

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

4 incinerator covered by this subparagraph

5 and authorized to receive out-of-State mu6 nicipal solid waste pursuant to paragraph

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

8 waste was received at such landfill or incin9 erator during 1993 in the absence of a con10 tract, paragraph (1)(A)(ii) shall apply to

11 the receipt of out-of-State municipal solid

12 waste for a period ending January 1, 2000.

13 ‘‘(iv) CONTRACT AND SPOT WASTE.—

14 For any landfill or incinerator covered by

15 this subparagraph and authorized to receive

16 out-of-State municipal solid waste pursuant

17 to paragraph (1)(A)(ii), if out-of-State mu18 nicipal solid waste was received at such

19 landfill or incinerator during 1993 both

20 under a contract and otherwise, clause (ii)

21 shall apply with respect to the waste re22 ceived under the contract and clause (iii)

23 shall apply to the other municipal solid

24 waste received at the landfill or incinerator.
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1 ‘‘(3) AVAILABILITY OF DOCUMENTATION.—The

2 owner or operator of a landfill or incinerator which

3 is exempt under paragraph (1) of this subsection from

4 the requirements of subsection (a) shall provide to the

5 State and affected local government, and make avail6 able for inspection by the public in the affected local

7 community, a copy of the host community agreement

8 or other documentation required under paragraph

9 (1). The owner or operator may omit any proprietary

10 information contained in the contracts, but shall en11 sure that at least the following information is appar12 ent: the volume of out-of-State municipal solid waste

13 to be received, the source of the waste, and the dura14 tion of the contract.

15 ‘‘(4) DENIED OR REVOKED PERMITS.—A landfill

16 or incinerator may not receive for disposal or inciner17 ation out-of-State municipal solid waste in the ab18 sence of a host community agreement if the operating

19 permit or license for the landfill or incinerator (or re20 newal thereof) was denied or revoked by the appro21 priate State agency before the date of enactment of

22 this section unless such permit or license (or renewal)

23 has been reinstated as of such date of enactment.

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

25 STATISTICAL AREAS.—The owner or operator of a
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1 landfill or incinerator in a State may receive out-of2 State municipal solid waste without obtaining au3 thorization under subsection (a) from the affected

4 local government if the out-of-State waste is generated

5 within, and the landfill or incinerator is located

6 within, the same bi-State level A metropolitan statis7 tical area (as defined by the Office of Management

8 and Budget and as listed by the Office of Manage9 ment and Budget as of the date of enactment of this

10 section) which contains two contiguous major cities

11 each of which is in a different State.

12 ‘‘(c) AUTHORITY OF STATE TO RESTRICT OUT-OF13 STATE MUNICIPAL SOLID WASTE.—

14 ‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE15 CEIVED.—

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

17 STATE.—A State may limit the amount of out18 of-State municipal solid waste received annually

19 for disposal at each landfill or incinerator in the

20 State to the limitation amount described in

21 paragraph (2), except as provided in this sub22 section. No such limit may conflict—

23 ‘‘(i) with provisions of a permit spe24 cifically authorizing the owner or operator
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1 to accept, at the facility, out-of-State mu2 nicipal solid waste, or

3 ‘‘(ii) with a host community agreement

4 entered into between the owner or operator

5 of any such landfill or incinerator and the

6 affected local government.

7 ‘‘(B) CONFLICT.—A limit referred to in sub8 paragraph (A) shall be treated as conflicting

9 with a permit or host community agreement if—

10 ‘‘(i) the permit or host community

11 agreement establishes a higher limit, or

12 ‘‘(ii) the permit or host community

13 agreement does not establish any limit,

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

15 waste which may be received annually at the

16 facility.

17 ‘‘(C) LIMIT FOR PARTICULAR FACILITIES.—

18 At the request of an affected local government

19 that has not executed a host community agree20 ment, the State may limit the amount of out-of21 State municipal solid waste received annually

22 for disposal at the landfill or incinerator con23 cerned to the limitation amount described in

24 paragraph (2). No such limit may conflict with

25 provisions of a permit specifically authorizing
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1 the owner or operator to accept, at the facility,

2 out-of-State municipal solid waste.

3 ‘‘(D) EFFECT ON OTHER LAWS.—Nothing in

4 this subsection shall be interpreted or construed

5 to have any effect on any State law relating to

6 contracts.

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

8 incinerator that commenced receiving documented

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

10 enactment of this section, the limitation amount re11 ferred to in paragraph (1) for any year shall be equal

12 to the amount of out-of-State municipal solid waste

13 received for disposal at the landfill or incinerator

14 concerned during calendar year 1993. The docu15 mentation referred to in this subparagraph shall be

16 such as would result in criminal penalties in case of

17 false or misleading information. Such documentation

18 shall include the amount of waste received, place of

19 origin, including the identity of the generator, date of

20 shipment, and type of waste.

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

22 as provided in subparagraph (B), the limitation

23 amount referred to in paragraph (1) shall be zero for

24 a landfill or incinerator authorized to receive out-of25 State municipal solid waste solely by reason of re-
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1 ceipt in calendar year 1993 of municipal solid waste

2 that was not received under contract or otherwise au3 thorized under this section.

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

5 in subparagraph (A) shall not be applicable to receipt

6 of any out-of-State municipal solid waste by the land7 fill or incinerator if the owner or operator, on the

8 date of enactment of this section, owned the land on

9 which the facility that received such waste is located.

10 ‘‘(4) NO DISCRIMINATION.—Except as provided

11 in paragraph (5), in establishing a limitation under

12 this subsection, a State shall act in a consistent man13 ner that does not discriminate against any shipments

14 of out-of-State municipal solid waste on the basis of

15 State of origin.

16 ‘‘(5) ADDITIONAL LIMIT FOR MUNICIPAL

17 WASTE.—(A) Any State (hereinafter in this para18 graph referred to as an ‘importing State’) that im19 ported more than 750,000 tons of out-of-State munici20 pal solid waste in 1993 may establish a limit under

21 this paragraph on the amount of out-of-State munici22 pal solid waste received pursuant to the authority of

23 subsection (b)(1)(A)(ii) for disposal at landfills and

24 incinerators in the importing State. A limit under

25 this paragraph shall be in addition to, or in lieu of,
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1 any other limit imposed under this subsection. A

2 limit under this paragraph may be imposed only if

3 each of the following requirements are met:

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

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

6 or host community agreement authorizing the re7 ceipt of out-of-State municipal solid waste.

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

9 Governor of the exporting State or States of the

10 proposed limit at least 12 months before imposi11 tion of the limit.

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

13 Governor of the exporting State or States of the

14 proposed limit at least 90 days before enforce15 ment of the limit.

16 ‘‘(iv) The percentage reduction in the

17 amount of out-of-State municipal solid waste

18 which is received at each facility in the import19 ing State at which a limit may be established

20 under this paragraph shall be uniform for all

21 such facilities.

22 ‘‘(B) The limit established under this paragraph

23 shall be a percentage of the amount of out-of-State

24 municipal solid waste generated in the exporting

25 State during calendar year 1993 and received at fa-
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1 cilities in the importing State in which a limit is es2 tablished under this paragraph. For any calendar

3 year after 1994, the percentage shall be as specified

4 in the following table:

Applicable

‘‘Calendar year: Percentage:

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

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

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

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

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

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

6 solid waste management plan approved under Federal or

7 State law and any implementation of such plan through

8 the State permitting process may take into account local

9 and regional needs for solid waste disposal capacity. An

10 affected local government may make a determination that

11 there is no local or regional need for a new landfill or incin12 erator or major modification to an existing facility in the

13 area under the jurisdiction of the affected local government.

14 Such determination shall be based on a finding that the

15 proposed facility does not have a host community agreement

16 or is inconsistent with the capacity needs established in the

17 comprehensive solid waste management plan adopted by the

18 affected local government pursuant to State law. No com19 prehensive solid waste management plan may expressly

20 prohibit the importation of municipal solid waste from out

21 of State.
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1 ‘‘(e) IMPLEMENTATION AND ENFORCEMENT.—Any

2 State may adopt such laws and regulations, not inconsist3 ent with this section, as are necessary to implement and

4 enforce this section, including provisions for penalties.

5 ‘‘(f) EFFECT ON INTERSTATE COMMERCE.—No State

6 limitation established as provided in subsection (c), no

7 State planning and permitting process referred to in sub8 section (d), and no State law or regulation referred to in

9 subsection (e) shall be considered to impose an undue bur10 den on interstate commerce or to otherwise impair, restrain,

11 or discriminate against interstate commerce.

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

13 or operator of each landfill or incinerator receiving out-of14 State municipal solid waste shall submit to the Governor

15 of the State in which the landfill or incinerator is located

16 information specifying the amount of out-of-State munici17 pal solid waste received for disposal during the preceding

18 year. Each year each such State shall publish and make

19 available to the public, a report containing information on

20 the amount of out-of-State municipal solid waste received

21 for disposal in the State during the preceding year.

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

23 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A) For

24 any landfill or incinerator, the term ‘affected local

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

2 to plan for the management of municipal solid

3 waste, a majority of the members of which are

4 elected officials, for the area in which the landfill

5 or incinerator is located or proposed to be lo6 cated, 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 this

15 section, the term shall mean either the public body de16 scribed in subparagraph (A) or the elected officials of

17 the city, town, township, borough, county, or parish

18 exercising primary responsibility for the use of land

19 on which the facility is located or proposed to be

20 located.

21 ‘‘(B) Two or more Governors of adjoining States

22 may use the authority provided in section 1005(b) to

23 enter into an agreement under which contiguous units

24 of local government located in each of the adjoining

25 States may act jointly as the affected local govern-
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1 ment for purposes of providing authorization under

2 subsection (a) for municipal solid waste generated in

3 one of such counties and received for disposal or

4 incineration in another.

5 ‘‘(2) HOST COMMUNITY AGREEMENT.—The term

6 ‘host community agreement’ means a written, legally

7 binding agreement, lawfully entered into between an

8 owner or operator of a landfill or incinerator and an

9 affected local government that specifically authorizes

10 the landfill or incinerator to receive out-of-State

11 municipal solid waste.

12 ‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu13 nicipal solid waste’ means all waste materials dis14 carded for disposal by households, including single

15 and multifamily residences, and hotels and motels.

16 The term also includes waste materials generated by

17 commercial, institutional, and industrial sources, to

18 the extent such wastes are essentially the same as

19 waste normally generated by households or were col20 lected and disposed of with other municipal solid

21 waste as part of normal municipal solid waste collec22 tion services, and regardless of when generated, would

23 be considered conditionally exempt small quantity

24 generator waste under section 3001(d). Examples of

25 municipal solid waste include food and yard waste,
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1 paper, clothing, appliances, consumer product pack2 aging, disposable diapers, office supplies, cosmetics,

3 glass and metal food containers, elementary or sec4 ondary school science laboratory waste, and household

5 hazardous waste. Such term shall include debris re6 sulting from construction, remodeling, repair, or dem7 olition of structures other than debris that is not oth8 erwise commingled with other municipal solid waste

9 and has been determined by the generator, to be con10 taminated. For purposes of determining whether any

11 such debris is contaminated, the generator shall con12 duct representative sampling and analysis of such de13 bris, the results of which shall be submitted to the af14 fected local government for record keeping purposes

15 only, unless not required by the affected local govern16 ment. Any such debris that has been determined to be

17 contaminated shall be disposed of in a landfill that

18 meets, at a minimum, the requirements of this sub19 title. The term does not include any of the following:

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

21 a hazardous waste under section 3001.

22 ‘‘(B) Any solid waste, including contami23 nated soil and debris, resulting from—

24 ‘‘(i) a response action taken under sec25 tion 104 or 106 of the Comprehensive Envi-
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1 ronmental Response, Compensation, and Li2 ability Act (42 U.S.C. 9604 or 9606),

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

4 State law with authorities comparable to

5 the authorities of section 104 or 106, or

6 ‘‘(iii) a corrective action taken under

7 this Act.

8 ‘‘(C) Recyclable materials that have been

9 separated, at the source of the waste, from waste

10 otherwise destined for disposal or that have been

11 managed separately from waste destined for

12 disposal.

13 ‘‘(D) Materials and products returned from

14 a dispenser or distributor to the manufacturer or

15 an agent of the manufacturer for credit, evalua16 tion, and possible reuse.

17 ‘‘(E) Any solid waste that is—

18 ‘‘(i) generated by an industrial facil19 ity; and

20 ‘‘(ii) transported for the purpose of

21 treatment, storage, or disposal to a facility

22 that is owned or operated by the generator

23 of the waste, or is located on property

24 owned by the generator of a company with

25 which the generator is affiliated.
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1 ‘‘(F) Any medical waste that is segregated

2 from or not mixed with solid waste.

3 ‘‘(G) Sewage sludge and residuals from any

4 sewage treatment plant, including any sewage

5 treatment plant required to be constructed in the

6 State of Massachusetts pursuant to any court

7 order issued against the Massachusetts Water

8 Resources Authority.

9 ‘‘(H) Combustion ash generated by resource

10 recovery facilities or municipal incinerators, or

11 waste from manufacturing or processing (includ12 ing pollution control) operations not essentially

13 the same as waste normally generated by house14 holds.

15 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID WASTE.—

16 The term ‘out-of-State municipal solid waste’, means,

17 with respect to any State, municipal solid waste gen18 erated outside of the State. The term includes munici19 pal solid waste generated outside of the United States.

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

21 of this section, the term ‘specifically authorizes’ refers

22 to an explicit authorization, contained in a host com23 munity agreement or permit, to import waste from

24 outside the State. Such authorization may include a

25 reference to a fixed radius surrounding the landfill or
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1 incinerator which includes an area outside the State

2 or a reference to ‘any place of origin’, reference to

3 specific places outside the State, or use of such

4 phrases as ‘regardless of origin’ or ‘outside the State’.

5 The language for such authorization may vary as

6 long as it clearly and affirmatively states the ap7 proval or consent of the affected local government or

8 State for receipt of municipal solid waste from

9 sources or locations outside the State from which the

10 owner or operator of a landfill or incinerator pro11 poses to import it. The authorization shall not include

12 general references to the receipt of waste outside the

13 jurisdiction of the affected local government.

14 ‘‘(i) COST RECOVERY SURCHARGE.—

15 ‘‘(1) AUTHORITY.—A State may impose and col16 lect a cost recovery surcharge on the combustion or

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

18 municipal solid waste in such State.

19 ‘‘(2) LIMITATION.—During the period beginning

20 on the date of the enactment of this section and end21 ing on December 31, 1996, a State may not impose

22 or collect a cost recovery surcharge from a facility on

23 any out-of-State municipal solid waste that meets

24 both of the following conditions:
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1 ‘‘(A) The waste is being received at the fa2 cility under one or more contracts entered into

3 before the date of the enactment of this section.

4 ‘‘(B) The amount of waste being received in

5 a calendar year under the contract or contracts

6 does not exceed the amount of waste received at

7 the facility during calendar year 1993.

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

9 the cost recovery surcharge may be no greater than

10 the amount necessary to recover those costs deter11 mined in conformance with paragraph (5) and in no

12 event may exceed $2 per ton of waste.

13 ‘‘(4) USE OF SURCHARGE COLLECTED.—All cost

14 recovery surcharges collected by a State shall be used

15 to fund those solid waste management programs ad16 ministered by the State or its political subdivisions

17 that incur costs for which the surcharge is collected.

18 ‘‘(5) CONDITIONS.—(A) Subject to subparagraphs

19 (B) and (C), a State may impose and collect a cost

20 recovery surcharge on the combustion or disposal

21 within the State of out-of-State municipal solid waste

22 if—

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

24 State arising from the combustion or disposal
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1 within the State of a volume of municipal solid

2 waste from a source outside the State;

3 ‘‘(ii) the surcharge is based on those costs to

4 the State demonstrated under subparagraph (A)

5 that, if not paid for through the surcharge, would

6 otherwise have to be paid or subsidized by the

7 State; and

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

9 not discriminatory.

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

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

12 which recovery is sought is otherwise recovered by any

13 other fee or tax assessed against the generation, trans14 portation, treatment, combustion, or disposal of solid

15 waste.

16 ‘‘(C) The grant of a subsidy by a State with re17 spect to entities disposing of waste generated within

18 the State does not constitute discrimination for pur19 poses of subparagraph (A)(iii).

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

21 which a State invokes this subsection to justify a cost

22 recovery surcharge on the combustion or disposal

23 within the State of out-of-State municipal solid

24 waste, the State shall bear the burden of establishing
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1 that the cost recovery surcharge satisfies the condi2 tions set forth in paragraph (5).’’.

3 (b) TABLE OF CONTENTS AMENDMENT.—The table of

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

5 6901) is amended by adding after the item relating to sec6 tion 4010 the following new item:

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

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