I

107TH CONGRESS

1ST SESSION H. R. 1213

To impose certain limitations on the receipt of out-of-State municipal solid

waste, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Mr. GREENWOOD (for himself, Mr. DOYLE, Mr. UPTON, Mr. DINGELL, Mr.

BUYER, Mr. BARRETT, Mr. SAWYER, Mr. STUPAK, Mr. SHERWOOD, Mr.

BONIOR, Mr. PETERSON of Pennsylvania, Mr. HOLDEN, Mr. KANJORSKI,

Mr. MORAN of Virginia, Mr. EHLERS, Mr. KILDEE, Mr. LEACH, Mr.

SOUDER, Mr. VISCLOSKY, Ms. BALDWIN, Mrs. JONES of Ohio, and Mr.

LEVIN) introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

To impose certain limitations on the receipt of out-of-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 ‘‘Solid Waste Interstate

5 Transportation Act of 2001’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF

2 MUNICIPAL SOLID WASTE.

3 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis4 posal Act (42 U.S.C. 6941 et seq.) is amended by adding

5 after section 4010 the following new section:

6 ‘‘SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MU7 NICIPAL SOLID WASTE.

8 ‘‘(a) PRESUMPTIVE BAN ON RECEIPT OF OUT-OF9 STATE WASTE.—No landfill or incinerator may receive

10 any out-of-State municipal solid waste for disposal or in11 cineration unless the waste is received pursuant to—

12 ‘‘(1) a host community agreement in accordance

13 with subsection (b) or (c); or

14 ‘‘(2) an exemption under subsection (d).

15 ‘‘(b) EXISTING HOST COMMUNITY AGREEMENTS.—

16 Except as provided in subsection (e), out-of-State munic17 ipal solid waste may be received at a landfill or incinerator

18 for disposal or incineration pursuant to a host community

19 agreement entered into before the enactment of this sec20 tion if—

21 ‘‘(1) the agreement specifically authorizes the

22 owner or operator to accept, at the landfill or incin23 erator, out-of-State municipal solid waste; and

24 ‘‘(2) the owner or operator complies with all of

25 the terms and conditions of the host community

26 agreement.
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1 The owner or operator shall provide a copy of the host

2 community agreement, within 90 days after the enactment

3 of this section, to the State and affected local government

4 and make such a copy available for inspection by the pub5 lic in the affected local community.

6 ‘‘(c) NEW HOST COMMUNITY AGREEMENTS.—

7 ‘‘(1) EXEMPTION FROM BAN.—Except as pro8 vided in subsection (e), out-of-State municipal solid

9 waste may be received at a landfill or incinerator for

10 disposal or incineration pursuant to a host commu11 nity agreement entered into on or after the enact12 ment of this section (in this section referred to as

13 a ‘new host community agreement’) if the agreement

14 specifically authorizes the receipt of such waste and

15 meets the requirements of paragraphs (2) through

16 (5) of this subsection.

17 ‘‘(2) REQUIREMENTS FOR AUTHORIZATION.—

18 An authorization to receive out-of-State municipal

19 solid waste pursuant to a new host community

20 agreement shall be granted by formal action at a

21 meeting; be recorded in writing in the official record

22 of the meeting; and remain in effect according to its

23 terms. Such authorization may specify terms and

24 conditions, including an amount of out-of-State mu-
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1 nicipal solid waste that an owner or operator may

2 receive and the duration of the authorization.

3 ‘‘(3) INFORMATION.—Prior to seeking an au4 thorization to receive out-of-State municipal solid

5 waste pursuant to a new host community agreement

6 under this subsection, the owner or operator of the

7 facility seeking such authorization shall provide (and

8 make readily available to the State, each contiguous

9 local government and Indian tribe, and any other in10 terested person for inspection and copying) each of

11 the following items of information:

12 ‘‘(A) A brief description of the facility, in13 cluding, with respect to both the facility and

14 any planned expansion of the facility, the size,

15 the ultimate waste capacity, and the anticipated

16 monthly and yearly quantities of waste to be

17 handled. Such quantities shall be expressed in

18 terms of volume.

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

20 location in relation to the local road system and

21 topography and general hydrogeological fea22 tures. The map shall indicate any buffer zones

23 to be acquired by the owner or operator as well

24 as all facility units.
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1 ‘‘(C) A description of the then current en2 vironmental characteristics of the site, a de3 scription of ground water use in the area, and

4 a discussion of alterations that may be neces5 sitated by, or occur as a result of, the facility.

6 The description of groundwater use shall in7 clude identification of private wells and public

8 drinking water sources.

9 ‘‘(D) A description of environmental con10 trols typically required to be used on the site

11 (pursuant to permit requirements), including

12 run on or run off management, or both, air pol13 lution control devices, source separation proce14 dures (if any), methane monitoring and control,

15 landfill covers, liners or leachate collection sys16 tems, and monitoring programs. In addition,

17 the description shall include a description of

18 any waste residuals generated by the facility,

19 including leachate or ash, and the planned man20 agement of the residuals.

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

22 to be employed, and roadway improvements to

23 be made, by the owner or operator, and an esti24 mate of the timing and extent of increased local

25 truck traffic.
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1 ‘‘(F) A list of all required Federal, State,

2 and local permits.

3 ‘‘(G) Estimates of the personnel require4 ments of the facility, including information re5 garding the probable skill and education levels

6 required for jobs at the facility. To the extent

7 practicable, the information shall distinguish

8 between employment statistics for

9 preoperational and postoperational levels.

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

11 State or Federal law to be provided with re12 spect to any violations of environmental laws

13 (including regulations) by the owner, the oper14 ator, and any subsidiary of the owner or oper15 ator, the disposition of enforcement proceedings

16 taken with respect to the violations, and correc17 tive action and rehabilitation measures taken as

18 a result of the proceedings.

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

20 State or Federal law to be provided with re21 spect to gifts and contributions made by the

22 owner or operator.

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

24 State or Federal law to be provided with re-
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1 spect to compliance by the owner or operator

2 with the State solid waste management plan.

3 ‘‘(4) PRIOR NOTIFICATION.—Prior to taking

4 formal action with respect to granting authorization

5 to receive out-of-State municipal solid waste pursu6 ant to a new host community agreement under this

7 subsection, an affected local government shall—

8 ‘‘(A) notify the State, contiguous local gov9 ernments, and any contiguous Indian tribes;

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

11 newspaper of general circulation in the affected

12 area at least 15 days before holding a hearing

13 under subparagraph (C), except where State

14 law provides for an alternate form of public no15 tification; and

16 ‘‘(C) provide an opportunity for public

17 comment in accordance with State law, includ18 ing at least 1 public hearing.

19 ‘‘(5) SUBSEQUENT NOTIFICATION.—Promptly,

20 but not later than 90 days after an authorization is

21 granted pursuant to a new host community agree22 ment under this subsection, the affected local gov23 ernment shall notify the Governor, contiguous local

24 governments, and any contiguous Indian tribes of

25 such authorization.
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1 ‘‘(6) AUTHORITY.—

2 ‘‘(A) IN GENERAL.—A State may enact a

3 law or laws with respect to the entry, by an af4 fected local government in the State, into a host

5 community agreement, as it relates to the inter6 state transportation of solid waste.

7 ‘‘(B) NO DISCRIMINATION.—In enacting a

8 law or laws pursuant to subparagraph (A), a

9 State shall act in a consistent manner that does

10 not discriminate against the receipt of out-of11 State municipal solid waste on the basis of

12 State of origin.

13 ‘‘(d) EXEMPTION FOR WASTE NOT SUBJECT TO

14 HOST COMMUNITY AGREEMENTS.—

15 ‘‘(1) EXEMPTION FROM BAN.—Except as pro16 vided in subsection (e), out-of-State municipal solid

17 waste received at a landfill or incinerator shall be ex18 empt from the presumptive ban contained in sub19 section (a) if the owner or operator of the landfill or

20 incinerator provides to the State in which the landfill

21 or incinerator is located and to the affected local

22 government either of the following:

23 ‘‘(A) PERMIT.—Information establishing

24 that, before the enactment of this section, the

25 owner or operator of the landfill or incinerator
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1 has received a State permit that specifically au2 thorizes the owner or operator to accept, at the

3 landfill or incinerator, such out-of-State munic4 ipal solid waste. This subparagraph shall be ef5 fective only if the owner or operator complies

6 with all of the terms and conditions of the per7 mit after the date of enactment of this section

8 and notifies the affected local government of

9 the permit as soon as practicable but not later

10 than 90 days after the date of enactment of

11 this section.

12 ‘‘(B) CONTRACT.—Information estab13 lishing that the owner or operator of the landfill

14 or incinerator has entered into a binding con15 tract before March 27, 2001, that commits to

16 the delivery to and receipt at the landfill or in17 cinerator of a specific quantity of out-of-State

18 municipal solid waste and that the owner or op19 erator of the landfill or incinerator has per20 mitted capacity actually available on the date of

21 enactment of this section for receipt of the spe22 cific quantity of out-of-State municipal solid

23 waste committed to in the contract. This sub24 paragraph shall be effective only for the longer

25 of—
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1 ‘‘(i) the life of the contract (not in2 cluding any renewal, novation, or extension

3 thereof); or

4 ‘‘(ii) a period of 3 years after the date

5 of enactment of this section,

6 and only with respect to the amount of the obli7 gation in the contract.

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

9 owner or operator of a landfill or incinerator receiv10 ing out-of-State municipal solid waste pursuant to

11 an exemption under paragraph (1) shall make avail12 able for inspection by the public in the affected local

13 community a copy of the permit or contract referred

14 to in paragraph (1). The owner or operator may

15 omit any proprietary information contained in con16 tracts.

17 ‘‘(3) DENIED OR REVOKED PERMITS.—A land18 fill or incinerator may not receive for disposal or in19 cineration out-of-State municipal solid waste pursu20 ant to an exemption under paragraph (1) if the op21 erating permit for the landfill or incinerator (or re22 newal thereof) was denied or revoked by the appro23 priate State agency before the date of enactment of

24 this section, unless such permit or license (or re-
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1 newal) has been reinstated as of such date of enact2 ment.

3 ‘‘(e) REQUIRED COMPLIANCE.—Exemptions under

4 subsections (b), (c), and (d) shall not apply to a landfill

5 or incinerator during any period with respect to which the

6 State in which the facility is located has determined that

7 the facility is not in compliance with applicable Federal

8 and State laws and regulations relating to—

9 ‘‘(1) facility operation and design;

10 ‘‘(2) in the case of landfills, facility location

11 standards, leachate collection standards, ground12 water monitoring standards, and standards for fi13 nancial assurance and for closure and postclosure

14 and corrective action; and

15 ‘‘(3) in the case of incinerators, the applicable

16 requirements of section 129 of the Clean Air Act (42

17 U.S.C. 7429).

18 ‘‘(f) AUTHORITY OF STATE TO RESTRICT OUT-OF19 STATE MUNICIPAL SOLID WASTE.—

20 ‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE21 CEIVED.—

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

23 STATE.—A State may limit the amount of out24 of-State municipal solid waste received annually

25 at each landfill or incinerator in the State to
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1 the limitation amount described in paragraph

2 (2), except as provided in this subsection. No

3 such limit may conflict—

4 ‘‘(i) with provisions of a permit spe5 cifically authorizing the owner or operator

6 to accept, at the facility, out-of-State mu7 nicipal solid waste; or

8 ‘‘(ii) with a host community agree9 ment entered into between the owner or

10 operator of any such landfill or incinerator

11 and the affected local government.

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

13 subparagraph (A) shall be treated as conflicting

14 with—

15 ‘‘(i) a permit if the permit establishes

16 a higher limit or does not establish any

17 limit on the amount of out-of-State munic18 ipal solid waste which may be received an19 nually at the facility; and

20 ‘‘(ii) a host community agreement if

21 the host community agreement establishes

22 a higher limit or does not establish any

23 limit on the amount of out-of-State munic24 ipal solid waste which may be received an25 nually at the facility, but only to the extent
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1 that the landfill or incinerator, at the time

2 the host community agreement was entered

3 into, had specifically permitted capacity to

4 receive the solid waste authorized by the

5 host community agreement.

6 ‘‘(C) LIMIT FOR PARTICULAR FACILI7 TIES.—An affected local government that has

8 not executed a host community agreement with

9 a particular landfill or incinerator may limit the

10 amount of out-of-State municipal solid waste

11 received annually at the landfill or incinerator

12 concerned to the limitation amount described in

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

14 provisions of a permit specifically authorizing

15 the owner or operator to accept, at the facility,

16 out-of-State municipal solid waste.

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

18 in this subsection shall be interpreted or con19 strued to supersede any State law relating to

20 contracts.

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

22 incinerator that commenced receiving documented

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

24 enactment of this section, the limitation amount re25 ferred to in paragraph (1) for any year shall be
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1 equal to the amount of out-of-State municipal solid

2 waste received at the landfill or incinerator con3 cerned during calendar year 1993. The documenta4 tion referred to in this paragraph shall be such as

5 would result in criminal penalties under State law

6 in case of false or misleading information. Such doc7 umentation shall include the amount of waste re8 ceived in 1993, place of origin, identity of the gener9 ator, date of shipment, and type of waste.

10 ‘‘(3) NO DISCRIMINATION.—In establishing a

11 limitation under this subsection, a State shall act in

12 a consistent manner that does not discriminate

13 against any shipments of out-of-State municipal

14 solid waste on the basis of State of origin.

15 ‘‘(g) LIMITATIONS ON PROSPECTIVE WASTE

16 FLOWS.—

17 ‘‘(1) STATE AUTHORITY TO DENY PERMITS.—A

18 State may provide by law that the State will deny,

19 or refuse to renew, a permit for the construction or

20 operation of a landfill or incinerator, or for a major

21 modification to an existing landfill or incinerator,

22 if—

23 ‘‘(A) the State has approved a State or

24 local comprehensive municipal solid waste man-
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1 agement plan developed under Federal or State

2 law; and

3 ‘‘(B) the denial or refusal to renew is

4 based on a determination, pursuant to a State

5 law authorizing the denial or refusal to renew,

6 that there is not a local or regional need for the

7 landfill or incinerator in the State.

8 ‘‘(2) PERCENTAGE LIMIT.—

9 ‘‘(A) IN GENERAL.—A State may provide

10 by law that a State permit issued or renewed

11 after the date of enactment of this section for

12 a municipal solid waste landfill or incinerator,

13 or for expansion of a municipal solid waste

14 landfill or incinerator, shall include a require15 ment that not more than a specified percentage

16 of the total amount of municipal solid waste re17 ceived annually at the landfill or incinerator

18 may be out-of-State municipal solid waste. A

19 percentage limitation established by a State

20 under this subparagraph shall not be less than

21 20 percent.

22 ‘‘(B) HOST COMMUNITY AGREEMENT.—

23 Notwithstanding subparagraphs (A) and (C), a

24 landfill or incinerator acting pursuant to a host

25 community agreement entered into prior to the
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1 date of enactment of this section that specifi2 cally authorizes the landfill or incinerator to re3 ceive a specific quantity of out-of-State munic4 ipal solid waste annually may receive the spe5 cific quantity authorized under the host com6 munity agreement.

7 ‘‘(C) NONDISCRIMINATION.—An annual

8 percentage limitation referred to in subpara9 graph (A)—

10 ‘‘(i) shall be uniform for all municipal

11 solid waste landfills and incinerators in the

12 State; and

13 ‘‘(ii) may not discriminate against

14 out-of-State municipal solid waste accord15 ing to the State of origin.

16 ‘‘(h) AUTHORITY OF STATE TO RESTRICT OUT-OF17 STATE MUNICIPAL SOLID WASTE BASED ON RECYCLING

18 PROGRAMS.—

19 ‘‘(1) AUTHORITY.—

20 ‘‘(A) LIMITATION.—A State may limit the

21 amount of out-of-State municipal solid waste

22 received annually at each landfill or incinerator

23 in the State to the amount of out-of-State mu24 nicipal solid waste received at the landfill or in25 cinerator concerned during calendar year 1995
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1 if the State has enacted a comprehensive, state2 wide recycling program. No such limit may

3 conflict—

4 ‘‘(i) with provisions of a permit spe5 cifically authorizing the owner or operator

6 to accept, at the facility, out-of-State mu7 nicipal solid waste; or

8 ‘‘(ii) with a host community agree9 ment entered into between the owner or

10 operator of any such landfill or incinerator

11 and the affected local government.

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

13 subparagraph (A) shall be treated as conflicting

14 with—

15 ‘‘(i) a permit if the permit establishes

16 a higher limit or does not establish any

17 limit on the amount of out-of-State munic18 ipal solid waste which may be received an19 nually at the facility; and

20 ‘‘(ii) a host community agreement if

21 the host community agreement establishes

22 a higher limit or does not establish any

23 limit on the amount of out-of-State munic24 ipal solid waste which may be received an25 nually at the facility, but only to the extent
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1 that the landfill or incinerator, at the time

2 the host community agreement was entered

3 into, had specifically permitted capacity to

4 receive the solid waste authorized by the

5 host community agreement.

6 ‘‘(2) NO DISCRIMINATION.—In establishing a

7 limitation under this subsection, a State shall act in

8 a consistent manner that does not discriminate

9 against any shipments of out-of-State municipal

10 solid waste on the basis of State of origin.

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

12 this subsection shall be interpreted or construed to

13 supersede any State law relating to contracts.

14 ‘‘(4) DEFINITION.—As used in this subsection,

15 the term ‘comprehensive, statewide recycling pro16 gram’ means a law of statewide applicability that re17 quires the generators of municipal solid waste to

18 separate all of the following materials for recycling

19 as a condition of disposing of the waste at landfills

20 or incinerators in the State:

21 ‘‘(A) Aluminum containers.

22 ‘‘(B) Corrugated paper or other container

23 board.

24 ‘‘(C) Glass containers.
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1 ‘‘(D) Magazines or other material printed

2 on similar paper.

3 ‘‘(E) Newspapers or other material printed

4 on newsprint.

5 ‘‘(F) Office paper.

6 ‘‘(G) Plastic containers.

7 ‘‘(H) Steel containers.

8 ‘‘(I) Containers for carbonated or malt

9 beverages that are primarily made of a com10 bination of steel and aluminum.

11 ‘‘(i) COST RECOVERY SURCHARGE.—

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

13 collect a cost recovery charge on the processing,

14 combustion, or disposal in a landfill or incinerator of

15 out-of-State municipal solid waste in the State in ac16 cordance with this subsection.

17 ‘‘(2) AMOUNT OF SURCHARGE.—The amount of

18 the cost recovery surcharge may be no greater than

19 the amount necessary to recover those costs deter20 mined in conformance with paragraph (4) and in no

21 event may exceed $2.00 per ton of waste.

22 ‘‘(3) USE OF SURCHARGE COLLECTED.—All

23 cost recovery surcharges collected by a State shall be

24 used to fund those solid waste management pro25 grams administered by the State or its political sub-
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1 division that incur costs for which the surcharge is

2 collected.

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

5 a cost recovery surcharge on the processing, combus6 tion, or disposal within the State of out-of-State mu7 nicipal solid waste if—

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

9 State arising from the processing, combustion,

10 or disposal within the State of a volume of mu11 nicipal solid waste from a source outside the

12 State;

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

14 to the State demonstrated under clause (i) that,

15 if not paid for through the surcharge, would

16 otherwise have to be paid or subsidized by the

17 State; and

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

19 not discriminatory.

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

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

22 which recovery is sought is otherwise paid, recov23 ered, or offset by any other fee or tax paid to the

24 State or its political subdivision or to the extent that

25 the amount of the surcharge is offset by voluntarily
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1 agreed payments to a State or its political subdivi2 sion in connection with the generation, transpor3 tation, treatment, processing, combustion, or dis4 posal of solid waste.

5 ‘‘(C) The grant of a subsidy by a State with re6 spect to entities disposing of waste generated within

7 the State does not constitute discrimination for pur8 poses of subparagraph (A)(iii).

9 ‘‘(5) DEFINITIONS.—As used in this subsection:

10 ‘‘(A) The term ‘costs’ means the costs in11 curred by the State for the implementation of

12 its laws governing the processing, combustion,

13 or disposal of municipal solid waste, limited to

14 the issuance of new permits and renewal of or

15 modification of permits, inspection and compli16 ance monitoring, enforcement, and costs associ17 ated with technical assistance, data manage18 ment, and collection of fees.

19 ‘‘(B) The term ‘processing’ means any ac20 tivity to reduce the volume of solid waste or

21 alter its chemical, biological or physical state,

22 through processes such as thermal treatment,

23 bailing, composting, crushing, shredding, sepa24 ration, or compaction.
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1 ‘‘(j) IMPLEMENTATION AND ENFORCEMENT.—Any

2 State may adopt such laws and regulations, not incon3 sistent with this section, as are necessary to implement

4 and enforce this section, including provisions for penalties.

5 ‘‘(k) EFFECT ON INTERSTATE COMMERCE.—No

6 State or local government action taken as authorized by

7 this section, including the establishment of a limit pursu8 ant to subsection (f) or the enactment or execution of a

9 law or regulation described in subsection (c)(6), (g), (h),

10 (i), or (j), shall be considered to impose an undue burden

11 on interstate commerce or to otherwise impair, restrain,

12 or discriminate against interstate commerce.

13 ‘‘(l) ANNUAL STATE REPORT.—Each year the owner

14 or operator of each landfill or incinerator receiving out15 of-State municipal solid waste shall submit to the Gov16 ernor of the State in which the landfill or incinerator is

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

18 municipal solid waste received for disposal during the pre19 ceding year. Each year each such State shall publish and

20 make available to the public a report containing informa21 tion on the amount of out-of-State municipal solid waste

22 received for disposal in the State during the preceding

23 year.

24 ‘‘(m) DEFINITIONS.—For purposes of this section:
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1 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—The

2 term ‘affected local government’ means—

3 ‘‘(A) the public body authorized by State

4 law to plan for the management of municipal

5 solid waste, a majority of the members of which

6 are elected officials, for the area in which a

7 landfill or incinerator is located or proposed to

8 be located;

9 ‘‘(B) if there is no such body authorized by

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

11 township, borough, county, or parish exercising

12 primary responsibility over municipal solid

13 waste management or the use of land in the ju14 risdiction in which a landfill or incinerator is lo15 cated or proposed to be located; or

16 ‘‘(C) contiguous units of local government

17 located in each of 2 or more adjoining States

18 acting jointly as an affected local government,

19 pursuant to the authority provided in section

20 1005(b), for purposes of providing authoriza21 tion under subsection (b), (c), or (d) for munic22 ipal solid waste generated in the jurisdiction of

23 one of those units of local government and re24 ceived for disposal or incineration in the juris25 diction of another.
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1 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

2 term ‘host community agreement’ means a written,

3 legally binding agreement, lawfully entered into be4 tween an owner or operator of a landfill or inciner5 ator and an affected local government that specifi6 cally authorizes the landfill or incinerator to receive

7 out-of-State municipal solid waste.

8 ‘‘(3) MUNICIPAL SOLID WASTE.—

9 ‘‘(A) WASTE INCLUDED.—Except as pro10 vided in subparagraph (B), the term ‘municipal

11 solid waste’ means—

12 ‘‘(i) all waste materials discarded for

13 disposal by households, including single

14 and multifamily residences, and hotels and

15 motels; and

16 ‘‘(ii) all waste materials discarded for

17 disposal that were generated by commer18 cial, institutional, municipal, and industrial

19 sources, to the extent such materials—

20 ‘‘(I) are essentially the same as

21 materials described in clause (i); and

22 ‘‘(II) were collected and disposed

23 of with other municipal solid waste

24 described in clause (i) or subclause (I)

25 of this clause as part of normal mu-
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1 nicipal solid waste collection services,

2 except that this subclause does not

3 apply to hazardous materials other

4 than hazardous materials that, pursu5 ant to regulations issued under sec6 tion 3001(d), are not subject to regu7 lation under subtitle C.

8 Examples of municipal solid waste include food

9 and yard waste, paper, clothing, appliances,

10 consumer product packaging, disposable dia11 pers, office supplies, cosmetics, glass and metal

12 food containers, and household hazardous

13 waste. Such term shall include debris resulting

14 from construction, remodeling, repair, or demo15 lition of structures.

16 ‘‘(B) WASTE NOT INCLUDED.—The term

17 ‘municipal solid waste’ does not include any of

18 the following:

19 ‘‘(i) Any solid waste identified or list20 ed as a hazardous waste under section

21 3001, except for household hazardous

22 waste.

23 ‘‘(ii) Any solid waste, including con24 taminated soil and debris, resulting from—
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1 ‘‘(I) a response action taken

2 under section 104 or 106 of the Com3 prehensive Environmental Response,

4 Compensation, and Liability Act (42

5 U.S.C. 9604 or 9606);

6 ‘‘(II) a response action taken

7 under a State law with authorities

8 comparable to the authorities of such

9 section 104 or 106; or

10 ‘‘(III) a corrective action taken

11 under this Act.

12 ‘‘(iii) Recyclable materials that have

13 been separated, at the source of the waste,

14 from waste otherwise destined for disposal

15 or that have been managed separately from

16 waste destined for disposal.

17 ‘‘(iv) Scrap rubber to be used as a

18 fuel source.

19 ‘‘(v) Materials and products returned

20 from a dispenser or distributor to the man21 ufacturer or an agent of the manufacturer

22 for credit, evaluation, and possible reuse.

23 ‘‘(vi) Any solid waste that is—

24 ‘‘(I) generated by an industrial

25 facility; and
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1 ‘‘(II) transported for the purpose

2 of treatment, storage, or disposal to a

3 facility or unit thereof that is owned

4 or operated by the generator of the

5 waste, located on property owned by

6 the generator or a company with

7 which the generator is affiliated, or

8 the capacity of which is contractually

9 dedicated exclusively to a specific gen10 erator, so long as the disposal area

11 complies with local and State land use

12 and zoning regulations applicable to

13 the disposal site.

14 ‘‘(vii) Any medical waste that is seg15 regated from or not mixed with solid

16 waste.

17 ‘‘(viii) Sewage sludge and residuals

18 from any sewage treatment plant, includ19 ing any sewage treatment plant required to

20 be constructed in the State of Massachu21 setts pursuant to any court order issued

22 against the Massachusetts Water Re23 sources Authority.

24 ‘‘(ix) Combustion ash generated by re25 source recovery facilities or municipal in-
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1 cinerators, or waste from manufacturing or

2 processing (including pollution control) op3 erations not essentially the same as waste

4 normally generated by households.

5 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

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

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

8 solid waste generated outside of the State. The term

9 includes municipal solid waste generated outside of

10 the United States.

11 ‘‘(5) RECYCLABLE MATERIALS.—The term ‘re12 cyclable materials’ means materials that are di13 verted, separated from, or separately managed from

14 materials otherwise destined for disposal as solid

15 waste, by collecting, sorting, or processing for use as

16 raw materials or feedstocks in lieu of, or in addition

17 to, virgin materials, including petroleum, in the

18 manufacture of usable materials or products.

19 ‘‘(6) SPECIFICALLY AUTHORIZES.—The term

20 ‘specifically authorizes’ refers to an explicit author21 ization, contained in a host community agreement or

22 permit, to import municipal solid waste from outside

23 the State. Such authorization may include a ref24 erence to a fixed radius surrounding the landfill or

25 incinerator which includes an area outside the State
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1 or a reference to ‘any place of origin’, reference to

2 specific places outside the State, or use of such

3 phrases as ‘regardless of origin’ or ‘outside the

4 State’. The language for such authorization must

5 clearly and affirmatively state the approval or con6 sent of the affected local government or State for re7 ceipt of municipal solid waste from sources or loca8 tions outside the State from which the owner or op9 erator of a landfill or incinerator proposes to import

10 it. The term shall not include general references to

11 the receipt of waste from outside the jurisdiction of

12 the affected local government.’’.

13 (b) TABLE OF CONTENTS.—The table of contents of

14 the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is

15 amended by adding after the item relating to section 4010

16 the following new item:

‘‘Sec. 4011. Receipt and disposal of out-of-State municipal solid waste.’’.

17 (c) INCIDENT REPORTS.—Not later than one year

18 after the date of the enactment of this Act and annually

19 for the next two years, the General Accounting Office shall

20 submit a report to the Committee on Commerce of the

21 House of Representatives and the Committee on Environ22 ment and Public Works of the Senate that contains the

23 following information:

24 (1) Available information for each State that

25 imports municipal solid waste detailing any incidents
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1 or circumstances where waste materials that are not

2 authorized by permit to be disposed of at a landfill

3 or incinerator have been discovered in the imported

4 municipal solid waste during the transportation,

5 processing, or disposal of such waste. Such unau6 thorized waste materials can include hazardous

7 waste, medical waste, radioactive waste, and indus8 trial waste.

9 (2) For each incident or circumstance identified

10 under paragraph (1), an indication of the method or

11 circumstances of detection, and the identity of the

12 source of the waste, the transporter, and the dis13 posal facility.

14 (3) For each incident or circumstance identified

15 under paragraph (1), an indication of whether any16 one was cited for a violation, and if so the nature

17 of the violation and any penalty assessed.

Æ