I

104TH CONGRESS

1ST SESSION H. R. 227

To amend the Solid Waste Disposal Act to provide congressional authorization

for restrictions on receipt of out-of-State municipal solid waste, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. DINGELL introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the Solid Waste Disposal Act to provide congressional authorization for restrictions on 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 1995’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF

2 MUNICIPAL SOLID WASTE.

3 Subtitle D of the Solid Waste Disposal Act (42

4 U.S.C. 6941 et seq.) is amended by adding after section

5 4010 the following new section:

6 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL

7 OF MUNICIPAL SOLID WASTE.

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

9 WASTE.—

10 ‘‘(1) IN GENERAL.—(A) Effective January 1,

11 1996, a landfill or incinerator in a State may not re12 ceive for disposal or incineration any out-of-State

13 municipal solid waste unless the owner or operator

14 of such landfill or incinerator obtains explicit author15 ization (as part of a host community agreement)

16 from the affected local government to receive the

17 waste.

18 ‘‘(B) An authorization granted pursuant to sub19 paragraph (A) shall—

20 ‘‘(i) be granted by formal action at a meet21 ing;

22 ‘‘(ii) be recorded in writing in the official

23 record of the meeting; and

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

25 terms.
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1 ‘‘(C) An authorization granted pursuant to sub2 paragraph (A) may specify terms and conditions, in3 cluding an amount of out-of-State waste that an

4 owner or operator may receive and the duration of

5 the authorization.

6 ‘‘(D) Promptly, but not later than 90 days after

7 such an authorization is granted, the affected local

8 government shall notify the Governor, contiguous

9 local governments, and any contiguous Indian tribes

10 of an authorization granted under this subsection.

11 ‘‘(2) INFORMATION.—Prior to seeking an au12 thorization to receive out-of-State municipal solid

13 waste pursuant to this subsection, the owner or op14 erator of the facility seeking such authorization shall

15 provide (and make readily available to the Governor,

16 each contiguous local government and Indian tribe,

17 and any other interested person for inspection and

18 copying) the following information:

19 ‘‘(A) A brief description of the facility, in20 cluding, with respect to both the facility and

21 any planned expansion of the facility, the size,

22 ultimate waste capacity, and the anticipated

23 monthly and yearly quantities (expressed in

24 terms of volume) of waste to be handled.
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1 ‘‘(B) A map of the facility site indicating

2 location in relation to the local road system and

3 topography and hydrogeological features. The

4 map shall indicate any buffer zones to be ac5 quired by the owner or operator as well as all

6 facility units.

7 ‘‘(C) A description of the then current en8 vironmental characteristics of the site, a de9 scription of ground water use in the area (in10 cluding identification of private wells and public

11 drinking water sources), and a discussion of al12 terations that may be necessitated by, or occur

13 as a result of, the facility.

14 ‘‘(D) A description of environmental con15 trols typically required to be used on the site

16 (pursuant to permit requirements), including

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

18 pollution control devices, source separation pro19 cedures (if any), methane monitoring and con20 trol, landfill covers, liners or leachate collection

21 systems, and monitoring programs. In addition,

22 the description shall include a description of

23 any waste residuals generated by the facility,

24 including leachate or ash, and the planned man25 agement of the residuals.
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1 ‘‘(E) A description of site access controls

2 to be employed, and roadway improvements to

3 be made, by the owner or operator, and an esti4 mate of the timing and extent of increased local

5 truck traffic.

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

7 and local permits.

8 ‘‘(G) Estimates of the personnel require9 ments of the facility, including information re10 garding the probable skill and education levels

11 required for jobs at the facility. To the extent

12 practicable, the information shall distinguish

13 between employment statistics for pre14 operational and postoperational levels.

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

16 State or Federal law to be provided with re17 spect to any violations of environmental laws

18 (including regulations) by the owner, the opera19 tor, and any subsidiary of the owner or opera20 tor, the disposition of enforcement proceedings

21 taken with respect to the violations, and correc22 tive action and rehabilitation measures taken as

23 a result of the proceedings.

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

25 State or Federal law to be provided with re-
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1 spect to gifts and contributions made by the

2 owner or operator.

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

4 State or Federal law to be provided with re5 spect to compliance by the owner or operator

6 with the State solid waste management plan.

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

8 action with respect to granting authorization to re9 ceive out-of-State municipal solid waste pursuant to

10 this subsection, an affected local government shall—

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

12 governments, and any contiguous Indian tribes;

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

14 newspaper of general circulation at least 30

15 days before holding a hearing and again at

16 least 15 days before holding the hearing, except

17 where State law provides for an alternate form

18 of public notification; and

19 ‘‘(C) provide an opportunity for public

20 comment in accordance with State law, includ21 ing at least 1 public hearing.

22 ‘‘(b) ANNUAL STATE REPORT.—

23 ‘‘(1) IN GENERAL.—Each year the owner or op24 erator of each landfill or incinerator receiving out-of25 State municipal solid waste shall submit to the af-
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1 fected local government and to the Governor of the

2 State in which the landfill or incinerator is located

3 information specifying the amount of out-of-State

4 municipal solid waste received for disposal during

5 the preceding year. Each year each such State shall

6 publish and make available to the public a report

7 containing information on the amount of out-of8 State municipal solid waste received for disposal in

9 the State during the preceding year. Each year the

10 owner or operator of each landfill or incinerator re11 ceiving out-of-State municipal solid waste shall also

12 submit to the Governor of the State of origin of such

13 waste, and to the Administrator, information speci14 fying the amount of out-of-State municipal solid

15 waste received for disposal by the owner or operator

16 during the preceding year from such State of origin.

17 The submissions under this paragraph by any owner

18 or operator shall all be made at the same time.

19 ‘‘(2) CONTENTS.—Each submission referred to

20 in this subsection shall be such as would result in

21 criminal penalties in case of false or misleading in22 formation. Such submission shall include the amount

23 of waste received, place of origin, identity of the gen24 erator, date of shipment, and type of waste.
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1 ‘‘(3) LIST.—The Administrator shall publish a

2 list of States that the Administrator has determined

3 have exported out of State an amount of municipal

4 solid waste in excess of 3.5 million tons in calendar

5 year 1996, 3.0 million tons in each of calendar years

6 1997 and 1998, 2.5 million tons in each of calendar

7 years 1999 and 2000, 1.5 million tons in each of

8 calendar years 2001 and 2002, and 1.0 million tons

9 in calendar year 2003 and each year thereafter. The

10 list for any calendar year shall be published by

11 March 1 of the following calendar year.

12 ‘‘(4) SAVINGS PROVISION.—Nothing in this sub13 section shall be construed to preempt any State re14 quirement that requires more frequent reporting of

15 information.

16 ‘‘(c) FREEZE.—

17 ‘‘(1) ANNUAL AMOUNT.—(A) Except as pro18 vided in paragraph (2) and unless it would result in

19 a violation of, or be inconsistent with, a host com20 munity agreement or permit specifically authorizing

21 the owner or operator of a landfill or incinerator to

22 accept out-of-State municipal solid waste at such

23 landfill or incinerator, and notwithstanding the ab24 sence of a request in writing by the affected local

25 government, a Governor, in accordance with para-
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1 graph (3), may limit the quantity of out-of-State

2 municipal solid waste received for disposal at each

3 landfill or incinerator covered by the exceptions pro4 vided in subsection (e) that is subject to the jurisdic5 tion of the Governor, to an annual amount equal to

6 the quantity of out-of-State municipal solid waste re7 ceived for disposal at such landfill or incinerator

8 during calendar year 1993.

9 ‘‘(B) At the request of an affected local govern10 ment that has not executed a host community agree11 ment, the Governor may limit the amount of out-of12 State municipal solid waste received annually for

13 disposal at the landfill or incinerator concerned to

14 the amount described in subparagraph (A). No such

15 limit may conflict with provisions of a permit specifi16 cally authorizing the owner or operator to accept, at

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

18 ‘‘(2) LIMITATION ON GOVERNOR’S AUTHOR19 ITY.—A Governor may not exercise the authority

20 granted under this subsection in a manner that

21 would require any owner or operator of a landfill or

22 incinerator covered by the exceptions provided in

23 subsection (e) to reduce the amount of out-of-State

24 municipal solid waste received from any State for

25 disposal at such landfill or incinerator to an annual
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1 quantity less than the amount received from such

2 State for disposal at such landfill or incinerator dur3 ing calendar year 1993.

4 ‘‘(3) UNIFORMITY.—Any limitation imposed by

5 a Governor under paragraph (1)(A)—

6 ‘‘(A) shall be applicable throughout the

7 State;

8 ‘‘(B) shall not directly or indirectly dis9 criminate against any particular landfill or in10 cinerator within the State; and

11 ‘‘(C) shall not directly or indirectly dis12 criminate against any shipments of out-of-State

13 municipal solid waste on the basis of State of

14 origin.

15 ‘‘(d) RATCHET.—

16 ‘‘(1) IN GENERAL.—Unless it would result in a

17 violation of, or be inconsistent with, a host commu18 nity agreement or permit specifically authorizing the

19 owner or operator of a landfill or incinerator to ac20 cept out-of-State municipal solid waste at such land21 fill or incinerator, immediately upon the date of pub22 lication of the list required under subsection (b)(3),

23 and notwithstanding the absence of a request in

24 writing by the affected local government, a Gov25 ernor, in accordance with paragraph (4), may pro-
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1 hibit the disposal of out-of-State municipal solid

2 waste, at any landfill or incinerator covered by the

3 exceptions in subsection (e) that is subject to the ju4 risdiction of the Governor, generated in any State

5 that is determined by the Administrator under sub6 section (b)(3) as having exported, to landfills or in7 cinerators not covered by host community agree8 ments, more than any of the following:

9 ‘‘(A) 3.5 million tons of municipal solid

10 waste in calendar year 1996.

11 ‘‘(B) 3.0 million tons of municipal solid

12 waste in calendar year 1997.

13 ‘‘(C) 3.0 million tons of municipal solid

14 waste in calendar year 1998.

15 ‘‘(D) 2.5 million tons of municipal solid

16 waste in calendar year 1999.

17 ‘‘(E) 2.5 million tons of municipal solid

18 waste in calendar year 2000.

19 ‘‘(F) 1.5 million tons of municipal solid

20 waste in calendar year 2001.

21 ‘‘(G) 1.5 million tons of municipal solid

22 waste in calendar year 2002.

23 ‘‘(H) 1.0 million tons of municipal solid

24 waste in calendar year 2003.
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1 ‘‘(I) 1.0 million tons of municipal solid

2 waste in each calendar year after 2003.

3 ‘‘(2) ADDITIONAL EXPORT LIMITS.—No State

4 may export to any one State more than 1.4 million

5 tons of municipal solid waste in calendar year 1996

6 or 90 percent of the 1993 levels exported to a State,

7 whichever is greater, 1.3 million tons in 1997 or 90

8 percent of the 1996 levels exported to a State,

9 whichever is greater, 1.2 million tons in 1998 or 90

10 percent of the 1997 levels exported to a State,

11 whichever is greater, 1.1 million tons in 1999 or 90

12 percent of the 1998 levels exported to a State,

13 whichever is greater, 1 million tons in 2000,

14 800,000 tons in 2001, and 600,000 tons in 2002

15 and each year thereafter, to landfills or incinerators

16 not covered by host community agreements. Gov17 ernors of importing States may restrict levels of im18 ports to reflect the level of out-of-State municipal

19 solid waste imports referred to in the preceding sen20 tence if—

21 ‘‘(A) the Governor of the importing State

22 has notified the Governor of the exporting State

23 and the Administrator 12 months prior to en24 forcement of the importing State’s intention to

25 impose the requirements of this section;
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1 ‘‘(B) the Governor of the importing State

2 has notified the Governor of the exporting State

3 and the Administrator of the violation by the

4 exporting State of this section at least 90 days

5 prior to the enforcement of this section; and

6 ‘‘(C) the restrictions imposed by the Gov7 ernor of the importing State are uniform at all

8 facilities within the State receiving municipal

9 solid waste from the exporting State.

10 ‘‘(3) DURATION.—The authority provided by

11 paragraph (1) or (2) or both shall apply for as long

12 as a State exceeds the levels allowable under para13 graph (1) or (2), as the case may be.

14 ‘‘(4) UNIFORMITY.—Any restriction imposed by

15 a State under paragraph (1) or (2)—

16 ‘‘(A) shall be applicable throughout the

17 State;

18 ‘‘(B) shall not directly or indirectly dis19 criminate against any particular landfill or in20 cinerator within the State; and

21 ‘‘(C) shall not directly or indirectly dis22 criminate against any shipments of out-of-State

23 municipal solid waste on the basis of State of

24 origin, in the case of States in violation of para25 graph (1) or (2).
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1 ‘‘(e) AUTHORIZATION NOT REQUIRED FOR CERTAIN

2 FACILITIES.—

3 ‘‘(1) IN GENERAL.—The prohibition on the dis4 posal of out-of-State municipal solid waste under

5 subsection (a)(1) shall not apply to landfills and in6 cinerators in operation on the date of enactment of

7 this section that received during calendar year 1993

8 documented shipments of out-of-State municipal

9 solid waste.

10 ‘‘(2) AVAILABILITY OF DOCUMENTATION.—The

11 owner or operator of a landfill or incinerator that is

12 exempt under paragraph (1) of this subsection from

13 the requirements of subsection (a) shall provide to

14 the State and affected local government, and make

15 available for inspection by the public in the affected

16 local community, a copy of the host community

17 agreement or other documentation required under

18 paragraph (1). The owner or operator may omit

19 from such copy or other documentation any propri20 etary information, but shall ensure that at least the

21 following information is apparent: the volume of out22 of-State municipal solid waste received, the place of

23 origin of the waste, and the duration of any relevant

24 contract.
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1 ‘‘(3) DENIED OR REVOKED PERMITS.—A land2 fill or incinerator may not receive for disposal or in3 cineration out-of-State municipal solid waste in the

4 absence of a host community agreement if the oper5 ating permit or license for the landfill or incinerator

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

7 appropriate State agency before the date of enact8 ment of this section unless such permit or license (or

9 renewal) has been reinstated as of such date of en10 actment.

11 ‘‘(4) WASTE WITHIN BI-STATE METROPOLITAN

12 STATISTICAL AREAS.—The owner or operator of a

13 landfill or incinerator in a State may receive out-of14 State municipal solid waste without obtaining au15 thorization under subsection (a) from the affected

16 local government if the out-of-State waste is gen17 erated within, and the landfill or incinerator is lo18 cated within, the same bi-State level A metropolitan

19 statistical area (as defined by the Office of Manage20 ment and Budget and as listed by the Office of

21 Management and Budget as of the date of enact22 ment of this section) that contains two contiguous

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

24 ‘‘(f) NEEDS DETERMINATION.—Any comprehensive

25 solid waste management plan adopted by an affected local
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1 government pursuant to Federal or State law may take

2 into account local and regional needs for solid waste dis3 posal capacity. Any implementation of such plan through

4 the State permitting process may take into account local

5 and regional needs for solid waste disposal capacity only

6 in a manner that is not inconsistent with the provisions

7 of this section. Nothing in this subsection shall be con8 strued to prohibit or preclude any State government or

9 solid waste management district, as defined under State

10 law from requiring any affected local government to site,

11 construct, or modify any solid waste facility.

12 ‘‘(g) COST RECOVERY SURCHARGE.—

13 ‘‘(1) AUTHORITY.—Both of the States directly

14 affected by the decision of the Supreme Court in the

15 case of Oregon Waste Systems, Inc. v. Department

16 of Environmental Quality, 114 S. Ct. 1345 (1994)

17 may impose and collect a cost recovery surcharge on

18 the combustion or disposal in a landfill or inciner19 ator of out-of-State municipal solid waste in such

20 State.

21 ‘‘(2) LIMITATION.—During the period begin22 ning on the date of enactment of this section and

23 ending on December 31, 1997, no such State may

24 impose or collect a cost recovery surcharge from a
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1 facility on any out-of-State municipal solid waste

2 that meets both of the following conditions:

3 ‘‘(A) The waste is being received at the fa4 cility under one or more contracts entered into

5 before the date of enactment of this section.

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

7 in a calendar year under the contract or con8 tracts does not exceed the amount of waste re9 ceived at the facility during calendar year 1993.

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

11 the cost recovery surcharge may be no greater than

12 the amount necessary to recover those costs deter13 mined in conformance with paragraph (5) and in no

14 event may exceed $2 per ton of waste.

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

16 cost recovery surcharges collected by a State covered

17 by this subsection shall be used to fund those solid

18 waste management programs administered by the

19 State or its political subdivisions that incur costs for

20 which the surcharge is collected.

21 ‘‘(5) CONDITIONS.—(A) Subject to subpara22 graphs (B) and (C), a State covered by this sub23 section may impose and collect a cost recovery sur24 charge on the combustion or disposal within the

25 State of out-of-State municipal solid waste if—
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1 ‘‘(i) the State demonstrates a cost to the

2 State arising from the combustion or disposal

3 within the State of a volume of municipal solid

4 waste from a source outside the State;

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

6 to the State demonstrated under subparagraph

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

8 would otherwise have to be paid or subsidized

9 by the State; and

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

11 not discriminatory.

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

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

14 which recovery is sought is otherwise recovered by

15 any other fee or tax assessed against the generation,

16 transportation, treatment, combustion, or disposal of

17 solid waste.

18 ‘‘(C) The grant of a subsidy by a State with re19 spect to entities disposing of waste generated within

20 the State does not constitute discrimination for pur21 poses of subparagraph (A)(iii).

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

23 which a State invokes this subsection to justify a

24 cost recovery surcharge on the combustion or dis25 posal within the State of out-of-State municipal solid
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1 waste, the State shall bear the burden of establish2 ing that the cost recovery surcharge satisfies the

3 conditions set forth in paragraph (5).

4 ‘‘(h) IMPLEMENTATION AND ENFORCEMENT.—Any

5 State may adopt such laws and regulations, not inconsist6 ent with this section, as are necessary to implement and

7 enforce this section, including provisions for penalties.

8 ‘‘(i) CONSTRUCTION AND DEMOLITION WASTE.—

9 ‘‘(1) LIMIT.—Any State may establish, pursu10 ant to this paragraph, a limit on the amount of out11 of-State construction and demolition waste for dis12 posal at landfills in the State. A limit under this

13 paragraph may be imposed consistent with each of

14 the following:

15 ‘‘(A) By January 1, 1997, each State seek16 ing to limit under this paragraph the receipt of

17 out-of-State construction and demolition waste

18 shall establish and implement a mechanism for

19 measuring the amount of construction and dem20 olition waste generated within the State, dis21 posed of within the State, imported into the

22 State and exported for disposal.

23 ‘‘(B) By March 1, 1999, each State seek24 ing to limit under this paragraph the receipt of

25 construction and demolition waste shall estab-
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1 lish the amount of out-of-State construction

2 and demolition waste received during calendar

3 years 1997 and 1998 and report the tonnage

4 received to the Governor of each exporting

5 State.

6 ‘‘(2) AMOUNT.—For each calendar year begin7 ning after January 1, 1999, the amount of out-of8 State construction and demolition waste received at

9 any facility within an importing State may be lim10 ited to the average of the amounts received in cal11 endar years 1997 and 1998.

12 ‘‘(3) DEFINITION.—For purposes of this sub13 section, the term ‘construction and demolition waste’

14 means debris resulting from construction, remodel15 ing, repair, or demolition of structures other than

16 debris that is not otherwise commingled with other

17 municipal solid waste and has been determined by

18 the generator, to be contaminated. For purposes of

19 determining whether any such debris is contami20 nated, the generator shall conduct representative

21 sampling and analysis of such debris, the results of

22 which shall be submitted to the affected local gov23 ernment for recordkeeping purposes only, unless not

24 required by the affected local government. Any such

25 debris that has been determined to be contaminated
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1 shall be disposed of in a landfill that meets, at a

2 minimum, the requirements of this subtitle.

3 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall

4 be interpreted or construed to have any effect on State

5 law relating to contracts.

6 ‘‘(k) DEFINITIONS.—As used in this section:

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

8 For any landfill or incinerator, the term ‘affected

9 local government’ means—

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

11 law to plan for the management of municipal

12 solid waste, a majority of the members of which

13 are elected officials, for the area in which the

14 landfill or incinerator is located or proposed to

15 be located; or

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

17 State law—

18 ‘‘(I) the elected officials of the city,

19 town, township, borough, county, or parish

20 selected by the Governor and exercising

21 primary responsibility over municipal solid

22 waste management or the use of land in

23 the jurisdiction in which the facility is lo24 cated or is proposed to be located; or
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1 ‘‘(II) if a Governor fails to make a se2 lection under subclause (I), and publish a

3 notice regarding the selection, within 90

4 days after the date of enactment of this

5 section, the elected officials of the city,

6 town, township, borough, county, parish, or

7 other public body created pursuant to

8 State law with primary jurisdiction over

9 the land or the use of land on which the

10 facility is located or is proposed to be lo11 cated.

12 The Governor shall publish a notice regarding the

13 selection described in clause (ii).

14 ‘‘(B) Notwithstanding subparagraph (A), for

15 purposes of host community agreements entered into

16 before the date of enactment of this section (or be17 fore the date of publication of notice, in the case of

18 subparagraph (A)(ii)), the term shall mean either

19 the public body described in clause (i) or the elected

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

21 or parish exercising primary responsibility for the

22 use of land on which the facility is located or pro23 posed to be located.

24 ‘‘(C) Two or more Governors of adjoining

25 States may use the authority provided in section
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1 1005(b) to enter into an agreement under which

2 contiguous units of local government located in each

3 of the adjoining States may act jointly as the af4 fected local government for purposes of providing

5 authorization under subsection (a) for municipal

6 solid waste generated in one of such counties and re7 ceived for disposal or incineration in another.

8 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

9 term ‘host community agreement’ means a written,

10 legally binding document or documents executed by

11 duly authorized officials of the affected local govern12 ment that specifically authorizes a landfill or inciner13 ator to receive municipal solid waste generated out14 of-State, but does not include any agreement to pay

15 host community fees for receipt of waste unless ad16 ditional express authorization to receive out-of-State

17 municipal solid waste is also included.

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

19 ‘municipal solid waste’ means refuse (and refuse-de20 rived fuel) generated by the general public, from a

21 residential source, or from a commercial, institu22 tional, or industrial source (or any combination

23 thereof) to the extent such waste is essentially the

24 same as waste normally generated by households or

25 was 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),

5 such as paper, food, wood, yard wastes, plastics,

6 leather, rubber, appliances, or other combustible or

7 noncombustible materials such as metal or glass (or

8 any combination thereof). The term ‘municipal solid

9 waste’ does not include any of the following:

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

11 a hazardous waste under section 3001.

12 ‘‘(B) Any solid waste, including contami13 nated soil and debris, resulting from a response

14 action taken under section 104 or 106 of the

15 Comprehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (42 U.S.C.

17 9604 or 9606) or a corrective action taken

18 under this Act.

19 ‘‘(C) Recyclable materials that have been

20 separated, at the source of the waste, from

21 waste otherwise destined for disposal or that

22 have been managed separately from waste des23 tined for disposal.

24 ‘‘(D) 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 the waste, or is

8 located on property owned by a company

9 with which the generator is affiliated.

10 ‘‘(E) Any solid waste generated incident to

11 the provision of service in interstate, intrastate,

12 foreign, or overseas air transportation.

13 ‘‘(F) Sewage sludge and residuals from

14 any sewage treatment plant, including any sew15 age treatment plant required to be constructed

16 in the State of Massachusetts pursuant to any

17 court order issued against the Massachusetts

18 Water Resources Authority.

19 ‘‘(G) Combustion ash generated by re20 source recovery facilities or municipal inciner21 ators, or waste from manufacturing or process22 ing (including pollution control) operations not

23 essentially the same as waste normally gen24 erated by households.
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1 ‘‘(H) Any medical waste that is segregated

2 from or not mixed with municipal solid waste

3 (as otherwise defined in this paragraph).

4 ‘‘(I) Any material or product returned

5 from a dispenser or distributor to the manufac6 turer for credit, evaluation, or possible reuse.

7 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

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

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

10 solid waste generated outside of the State. Unless

11 the President determines it is not consistent with

12 the North American Free Trade Agreement and the

13 General Agreement on Tariffs and Trade, the term

14 shall include municipal solid waste generated outside

15 of the United States.

16 ‘‘(5) SPECIFICALLY AUTHORIZED.—The term

17 ‘specifically authorizes’ refers to an explicit author18 ization, contained in a host community agreement or

19 permit, to import waste from outside the State.

20 Such authorization may include a reference to a

21 fixed radius surrounding the landfill or incinerator

22 that includes an area outside the State or a ref23 erence to ‘any place of origin’, reference to specific

24 places outside the State, or use of such phrases as

25 ‘regardless of origin’ or ‘outside the State’. The lan-
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1 guage for such authorization may vary as long as it

2 clearly and affirmatively states the approval or con3 sent of the affected local government or State for re4 ceipt of municipal solid waste from sources or loca5 tions outside the State from which the owner or op6 erator of a landfill or incinerator proposes to import

7 it.’’.

8 SEC. 3. TABLE OF CONTENTS AMENDMENT.

9 The table of contents in section 1001 of the Solid

10 Waste Disposal Act (42 U.S.C. prec. 6901) is amended

11 by adding after the item relating to section 4010 the fol12 lowing new item:

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

Æ

HR 227 IH——2