I 

108TH CONGRESS 

2D SESSION H. R. 4940

To amend the Solid Waste Disposal Act to authorize local governments 

and Governors to restrict receipt of out-of-State and foreign municipal 

solid waste, to direct the Administrator of the Environmental Protection 

Agency to carry out certain authorities under an agreement with Canada 

respecting the importation of municipal solid waste, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. GILLMOR (for himself, Mr. DINGELL, Mr. GREENWOOD, Mr. ROGERS of 

Michigan, Mr. STUPAK, Mr. UPTON, Mr. HALL, Mr. STEARNS, Mr. PICKERING, Mr. TAUZIN, Mr. TERRY, Mr. RADANOVICH, Mr. PITTS, Mr. 

DEAL of Georgia, Mrs. CUBIN, Mrs. MILLER of Michigan, Mr. OXLEY, 

Mr. BUYER, Mr. BILIRAKIS, Mr. KILDEE, Mr. SULLIVAN, Mr. GREEN of 

Texas, Mr. BROWN of Ohio, Mr. STRICKLAND, Mr. LEVIN, and Mr. ISSA) 

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

A BILL

To amend the Solid Waste Disposal Act to authorize local 

governments and Governors to restrict receipt of outof-State and foreign municipal solid waste, to direct the 

Administrator of the Environmental Protection Agency 

to carry out certain authorities under an agreement with 

Canada respecting the importation of municipal solid 

waste, and for other purposes.
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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 ‘‘Municipal Solid Waste 

5 Responsibility Act of 2004’’. 

6 SEC. 2. INTERSTATE AND INTERNATIONAL TRANSPOR7 TATION AND DISPOSAL OF MUNICIPAL SOLID 

8 WASTE. 

9 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis10 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

11 after section 4010 the following new sections: 

12 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL 

13 OF MUNICIPAL SOLID WASTE. 

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

15 WASTE.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) AUTHORIZATION.—A landfill or incin18 erator in a State may not receive for disposal 

19 or incineration any out-of-State municipal solid 

20 waste unless the owner or operator of such 

21 landfill or incinerator obtains explicit authoriza22 tion (as part of a host community agreement) 

23 from the affected local government to receive 

24 the waste. 
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1 ‘‘(B) REQUIREMENTS FOR AUTHORIZA2 TION.—An authorization granted pursuant to 

3 subparagraph (A) shall—

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

5 meeting; 

6 ‘‘(ii) be recorded in writing in the offi7 cial record of the meeting; and 

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

9 terms. 

10 ‘‘(C) DISCRETIONARY TERMS AND CONDI11 TIONS.—An authorization granted pursuant to 

12 subparagraph (A) may specify terms and condi13 tions, including an amount of out-of-State 

14 waste that an owner or operator may receive 

15 and the duration of the authorization. 

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

17 later than 90 days after an authorization is 

18 granted, the affected local government shall no19 tify the Governor, contiguous local govern20 ments, and any contiguous Indian tribes of an 

21 authorization granted under this subsection. 

22 ‘‘(2) INFORMATION.—Prior to seeking an au23 thorization to receive out-of-State municipal solid 

24 waste pursuant to this subsection, the owner or op25 erator of the facility seeking such authorization shall 
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1 provide (and make readily available to the Governor, 

2 each contiguous local government and Indian tribe, 

3 and any other interested person for inspection and 

4 copying) the following information: 

5 ‘‘(A) A brief description of the facility, in6 cluding, with respect to both the facility and 

7 any planned expansion of the facility, the size 

8 and ultimate waste capacity of the facility, and 

9 the anticipated monthly and yearly quantities 

10 (expressed in terms of volume) of waste to be 

11 handled. 

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

13 location in relation to the local road system and 

14 topography and hydrogeological features. The 

15 map shall indicate any buffer zones to be ac16 quired by the owner or operator as well as all 

17 facility units. 

18 ‘‘(C) A description of the then current en19 vironmental characteristics of the site, a de20 scription of ground water use in the area (in21 cluding identification of private wells and public 

22 drinking water sources), and a discussion of al23 terations that may be necessitated by, or occur 

24 as a result of, the facility. 
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1 ‘‘(D) A description of environmental con2 trols typically required to be used on the site 

3 (pursuant to permit requirements), including 

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

5 pollution control devices, source separation pro6 cedures (if any), methane monitoring and con7 trol, landfill covers, liners or leachate collection 

8 systems, and monitoring programs. In addition, 

9 the description shall include a description of 

10 any waste residuals generated by the facility, 

11 including leachate or ash, and the planned man12 agement of the residuals. 

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

14 to be employed, and roadway improvements to 

15 be made, by the owner or operator, and an esti16 mate of the timing and extent of increased local 

17 truck traffic. 

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

19 and local permits. 

20 ‘‘(G) Estimates of the personnel require21 ments of the facility, including information re22 garding the probable skill and education levels 

23 required for jobs at the facility. To the extent 

24 practicable, the information shall distinguish 
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1 between employment statistics for 

2 preoperational and postoperational levels. 

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

4 State or Federal law to be provided with re5 spect to any violations of environmental laws 

6 (including regulations) by the owner, the oper7 ator, and any subsidiary of the owner or oper8 ator, the disposition of enforcement proceedings 

9 taken with respect to the violations, and correc10 tive action and rehabilitation measures taken as 

11 a result of the proceedings. 

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

13 State or Federal law to be provided with re14 spect to gifts and contributions made by the 

15 owner or operator. 

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

17 State or Federal law to be provided with re18 spect to compliance by the owner or operator 

19 with the State solid waste management plan. 

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

21 action with respect to granting authorization to re22 ceive out-of-State municipal solid waste pursuant to 

23 this subsection, an affected local government shall—

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

25 governments, and any contiguous Indian tribes; 
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1 ‘‘(B) publish notice of the action in a 

2 newspaper of general circulation at least 30 

3 days before holding a hearing and again at 

4 least 15 days before holding the hearing, except 

5 where State law provides for an alternate form 

6 of public notification; and 

7 ‘‘(C) provide an opportunity for public 

8 comment in accordance with State law, includ9 ing at least 1 public hearing. 

10 ‘‘(b) AUTHORIZATION NOT REQUIRED FOR CERTAIN

11 FACILITIES.—

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

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

14 municipal solid waste in the absence of an authoriza15 tion under subsection (a) if each of the following re16 quirements are met: 

17 ‘‘(A) The owner or operator provides either 

18 of the following to the Governor of the State in 

19 which the landfill or incinerator is located and 

20 to the affected local government: 

21 ‘‘(i) Information establishing that, be22 fore the date of enactment of this section, 

23 the owner or operator of the landfill or in24 cinerator has entered into a host commu25 nity agreement or received a State permit 
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1 specifically authorizing the owner or oper2 ator to accept, at the landfill or inciner3 ator, out-of-State municipal solid waste. 

4 This clause shall be effective only if the 

5 owner or operator complies with all of the 

6 terms and conditions of the host commu7 nity agreement or permit and, in the case 

8 of a permit, notifies the affected local gov9 ernment of the permit, as soon as prac10 ticable but not later than 90 days after the 

11 date of enactment of this section. 

12 ‘‘(ii) Information establishing that 

13 during 1993 the landfill or incinerator re14 ceived shipments of out-of-State municipal 

15 solid waste. Such information shall be in 

16 such documented form as will result in 

17 criminal penalties under State law in case 

18 of false or misleading information. Such 

19 information shall include information 

20 about the date of shipment, place of origin 

21 of the waste, and the type of waste. 

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

23 in operation on the date of enactment of this 

24 section, the landfill or incinerator must be in 

25 compliance as of such date with applicable Fed-
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1 eral and State environmental laws (including 

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

3 applicable laws and regulations relating to de4 sign and location standards, leachate collection, 

5 ground water monitoring, and financial assur6 ance for closure and post-closure care and cor7 rective action. 

8 ‘‘(2) AMOUNT RECEIVED UNDER PARAGRAPH

9 (1)(A)(ii).—

10 ‘‘(A) STATES NOT EXERCISING RATCHET

11 AUTHORITY UNDER SUBSECTION (c)(5).—

12 ‘‘(i) FACILITIES COVERED.—This sub13 paragraph shall cover only landfills and in14 cinerators in States which do not establish 

15 a limit on out-of-State municipal solid 

16 waste under subsection (c)(5). 

17 ‘‘(ii) WASTE UNDER CONTRACT.—For 

18 any landfill or incinerator covered by this 

19 subparagraph and authorized to receive 

20 out-of-State municipal solid waste pursu21 ant to paragraph (1), if out-of-State mu22 nicipal solid waste was received at such 

23 landfill or incinerator during 1993 under a 

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

25 to the amount of out-of-State municipal 
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1 solid waste specified in the contract for the 

2 longer of the following periods: 

3 ‘‘(I) The life of the later of the 

4 contract in effect in 1993 or any sub5 sequent contract in effect as of the 

6 date of enactment of this section. 

7 ‘‘(II) The period ending 6 years 

8 after the date of enactment of this 

9 section. 

10 For purposes of subclause (I), the term 

11 ‘life of the contract’ shall not include any 

12 renewal, novation, or other extension there13 of (as determined under State law). 

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

15 incinerator covered by this subparagraph 

16 and authorized to receive out-of-State mu17 nicipal solid waste pursuant to paragraph 

18 (1), if out-of-State municipal solid waste 

19 was received at such landfill or incinerator 

20 during 1993 in the absence of a contract, 

21 paragraph (1)(A)(ii) shall apply to the re22 ceipt of out-of-State municipal solid waste 

23 for a period ending 3 years after the date 

24 of enactment of this section. 
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1 ‘‘(iv) CONTRACT AND SPOT WASTE.—

2 For any landfill or incinerator covered by 

3 this subparagraph and authorized to re4 ceive out-of-State municipal solid waste 

5 pursuant to paragraph (1), if out-of-State 

6 municipal solid waste was received at such 

7 landfill or incinerator during 1993 both 

8 under a contract and otherwise, clause (ii) 

9 shall apply with respect to the waste re10 ceived under the contract and clause (iii) 

11 shall apply to the other municipal solid 

12 waste received at the landfill or inciner13 ator. 

14 ‘‘(B) STATES EXERCISING RATCHET AU15 THORITY UNDER SUBSECTION (c)(5).—

16 ‘‘(i) FACILITIES COVERED.—This sub17 paragraph shall cover only landfills and in18 cinerators in States which establish a limit 

19 on out-of-State municipal solid waste 

20 under subsection (c)(5). 

21 ‘‘(ii) WASTE UNDER CONTRACT.—For 

22 any landfill or incinerator covered by this 

23 subparagraph and authorized to receive 

24 out-of-State municipal solid waste pursu25 ant to paragraph (1), if out-of-State mu-
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1 nicipal solid waste was received at such 

2 landfill or incinerator during 1993 under a 

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

4 to the amount of out-of-State municipal 

5 solid waste specified in the contract for the 

6 longer of the following periods: 

7 ‘‘(I) The life of the later of the 

8 contract in effect in 1993 or any sub9 sequent contract in effect as of the 

10 date of enactment of this section. 

11 ‘‘(II) The period ending January 

12 1, 2007. 

13 For purposes of subclause (I), the term 

14 ‘life of the contract’ shall not include any 

15 renewal, novation, or other extension there16 of (as determined under State law). 

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

18 incinerator covered by this subparagraph 

19 and authorized to receive out-of-State mu20 nicipal solid waste pursuant to paragraph 

21 (1), if out-of-State municipal solid waste 

22 was received at such landfill or incinerator 

23 during 1993 in the absence of a contract, 

24 paragraph (1)(A)(ii) shall apply to the re-
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1 ceipt of out-of-State municipal solid waste 

2 for a period ending January 1, 2007. 

3 ‘‘(iv) CONTRACT AND SPOT WASTE.—

4 For any landfill or incinerator covered by 

5 this subparagraph and authorized to re6 ceive out-of-State municipal solid waste 

7 pursuant to paragraph (1), if out-of-State 

8 municipal solid waste was received at such 

9 landfill or incinerator during 1993 both 

10 under a contract and otherwise, clause (ii) 

11 shall apply with respect to the waste re12 ceived under the contract and clause (iii) 

13 shall apply to the other municipal solid 

14 waste received at the landfill or inciner15 ator. 

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

17 owner or operator of a landfill or incinerator which 

18 is exempt under paragraph (1) of this subsection 

19 from the requirements of subsection (a) shall provide 

20 to the State and affected local government, and 

21 make available for inspection by the public in the af22 fected local community, a copy of the host commu23 nity agreement or other documentation required 

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

25 omit any proprietary information contained in the 
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1 contracts, but shall ensure that at least the following 

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

3 municipal solid waste to be received, the source of 

4 the waste, and the duration of the contract. 

5 ‘‘(4) DENIED OR REVOKED PERMITS.—A land6 fill or incinerator may not receive for disposal or in7 cineration out-of-State municipal solid waste in the 

8 absence of a host community agreement if the oper9 ating permit or license for the landfill or incinerator 

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

11 appropriate State agency before the date of enact12 ment of this section unless such permit or license (or 

13 renewal) has been reinstated as of such date of en14 actment. 

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

16 STATISTICAL AREAS.—The owner or operator of a 

17 landfill or incinerator in a State may receive out-of18 State municipal solid waste without obtaining au19 thorization under subsection (a) from the affected 

20 local government if the out-of-State waste is gen21 erated within, and the landfill or incinerator is lo22 cated within, the same bi-State level A metropolitan 

23 statistical area (as defined by the Office of Manage24 ment and Budget and as listed by the Office of 

25 Management and Budget as of the date of enact-
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1 ment of this section) which contains two contiguous 

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

3 ‘‘(c) AUTHORITY OF STATE TO RESTRICT OUT-OF4 STATE MUNICIPAL SOLID WASTE.—

5 ‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE6 CEIVED.—

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

8 STATE.—A State may limit the amount of out9 of-State municipal solid waste received annually 

10 for disposal at each landfill or incinerator in the 

11 State to the limitation amount described in 

12 paragraph (2), except as provided in this sub13 section. No such limit may conflict—

14 ‘‘(i) with provisions of a permit spe15 cifically authorizing the owner or operator 

16 to accept, at the facility, out-of-State mu17 nicipal solid waste; or 

18 ‘‘(ii) with a host community agree19 ment entered into between the owner or 

20 operator of any such landfill or incinerator 

21 and the affected local government. 

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

23 subparagraph (A) shall be treated as conflicting 

24 with a permit or host community agreement 

25 if—
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1 ‘‘(i) the permit or host community 

2 agreement establishes a higher limit; or 

3 ‘‘(ii) the permit or host community 

4 agreement does not establish any limit, 

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

6 waste which may be received annually at the fa7 cility. 

8 ‘‘(C) LIMIT FOR PARTICULAR FACILI9 TIES.—At the request of an affected local gov10 ernment that has not executed a host commu11 nity agreement, the State may limit the amount 

12 of out-of-State municipal solid waste received 

13 annually for disposal at a particular landfill or 

14 incinerator to the limitation amount described 

15 in paragraph (2). No such limit may conflict 

16 with provisions of a permit specifically author17 izing the owner or operator to accept, at the fa18 cility, out-of-State municipal solid waste. 

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

20 in this subsection shall be interpreted or con21 strued to have any effect on any State law re22 lating to contracts. 

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

24 incinerator that commenced receiving documented 

25 out-of-State municipal solid waste before the date of 
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1 enactment of this section, the limitation amount re2 ferred to in paragraph (1) for any year shall be 

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

4 waste received for disposal at the landfill or inciner5 ator concerned during calendar year 1993. The doc6 umentation referred to in this paragraph shall be 

7 such as would result in criminal penalties in case of 

8 false or misleading information. Such documentation 

9 shall include the amount of waste received, place of 

10 origin, including the identity of the generator, date 

11 of shipment, and type of waste. 

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

13 as provided in subparagraph (B), the limitation 

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

15 for a landfill or incinerator authorized to receive out16 of-State municipal solid waste solely by reason of re17 ceipt in calendar year 1993 of municipal solid waste 

18 that was not received under a contract, permit, or 

19 host community agreement. 

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

21 in subparagraph (A) shall not be applicable to re22 ceipt of any out-of-State municipal solid waste by 

23 the landfill or incinerator if the owner or operator, 

24 on the date of enactment of this section, owned the 
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1 land on which the facility that received such waste 

2 is located. 

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

4 limitation under this subsection, a State shall act in 

5 a consistent manner that does not discriminate 

6 against any shipments of out-of-State municipal 

7 solid waste on the basis of State of origin. 

8 ‘‘(5) ADDITIONAL LIMIT FOR MUNICIPAL

9 WASTE.—(A) Any State that imported more than 

10 750,000 tons of out-of-State municipal solid waste 

11 in 1993 (in this paragraph referred to as an ‘import12 ing State’) may establish a limit under this para13 graph on the amount of out-of-State municipal solid 

14 waste received pursuant to the authority of sub15 section (b)(1) for disposal at landfills and inciner16 ators in the importing State. A limit under this 

17 paragraph may be in addition to, or in lieu of, any 

18 other limit imposed under this subsection. A limit 

19 under this paragraph may be imposed only if each 

20 of the following requirements are met: 

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

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

23 or host community agreement authorizing the 

24 receipt of out-of-State municipal solid waste. 
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1 ‘‘(ii) The importing State shall notify the 

2 Governor of the exporting State or States of the 

3 proposed limit at least 12 months before impo4 sition of the limit. 

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

6 Governor of the exporting State or States of the 

7 proposed limit at least 90 days before enforce8 ment of the limit. 

9 ‘‘(iv) The percentage reduction in the 

10 amount of out-of-State municipal solid waste 

11 which is received at each facility in the import12 ing State at which a limit may be established 

13 under this paragraph shall be uniform for all 

14 such facilities. 

15 ‘‘(B) The limit established under this para16 graph shall be a percentage of the amount of out17 of-State municipal solid waste generated in the ex18 porting State during calendar year 1993 and re19 ceived at facilities in the importing State in which 

20 a limit is established under this paragraph. For any 

21 calendar year after 2003, the percentage shall be as 

22 specified in the following table:

‘‘Calendar year: Applicable 

percentage: 

2004 ................................................................................................... 85

2005 ................................................................................................... 75

2006 ................................................................................................... 65

2007 ................................................................................................... 55

2008 and thereafter ........................................................................... 50.
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1 ‘‘(d) NEEDS DETERMINATION.—Any comprehensive 

2 solid waste management plan approved under Federal or 

3 State law and 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. An 

6 affected local government may make a determination that 

7 there is no local or regional need for a new landfill or in8 cinerator or major modification to an existing facility in 

9 the area under the jurisdiction of the affected local govern10 ment. Such determination shall be based on a finding that 

11 the proposed facility does not have a host community 

12 agreement or is inconsistent with the capacity needs estab13 lished in the comprehensive solid waste management plan 

14 adopted by the affected local government pursuant to 

15 State law. No comprehensive solid waste management plan 

16 may expressly prohibit the importation of municipal solid 

17 waste from out of State. 

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

19 State may adopt such laws and regulations, not incon20 sistent with this section, as are necessary to implement 

21 and enforce this section, including provisions for penalties. 

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

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

24 no State planning and permitting process referred to in 

25 subsection (d), and no State law or regulation referred to 
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1 in subsection (e) shall be considered to impose an undue 

2 burden on interstate commerce or to otherwise impair, re3 strain, or discriminate against interstate commerce. 

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

5 or operator of each landfill or incinerator receiving out6 of-State municipal solid waste shall submit to the Gov7 ernor of the State in which the landfill or incinerator is 

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

9 municipal solid waste received for disposal during the pre10 ceding year. Each year each such State shall publish and 

11 make available to the public a report containing informa12 tion on the amount of out-of-State municipal solid waste 

13 received for disposal in the State during the preceding 

14 year. 

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

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

17 For any landfill or incinerator, the term ‘affected 

18 local government’ means—

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

20 law to plan for the management of municipal 

21 solid waste, a majority of the members of which 

22 are elected officials, for the area in which the 

23 landfill or incinerator is located or proposed to 

24 be located; or 
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1 ‘‘(ii) if there is no such body created by 

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

3 township, borough, county, or parish exercising 

4 primary responsibility for the use of land on 

5 which the facility is located or proposed to be 

6 located. 

7 No host community agreement that is entered into 

8 by the elected officials described in clause (ii) may 

9 be overturned by an act of a public body described 

10 in clause (i) if such body is created by State law 

11 after the execution of such host community agree12 ment. 

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

14 States may use the authority provided in section 

15 1005(b) to enter into an agreement under which 

16 contiguous units of local government located in each 

17 of the adjoining States may act jointly as the af18 fected local government for purposes of providing 

19 authorization for municipal solid waste generated in 

20 the jurisdiction of one of such units of local govern21 ment and received for disposal or incineration in an22 other. 

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

24 term ‘host community agreement’ means a written, 

25 legally binding agreement, lawfully entered into be-
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1 tween an owner or operator of a landfill or inciner2 ator and an affected local government that specifi3 cally authorizes the landfill or incinerator to receive 

4 out-of-State municipal solid waste. 

5 ‘‘(3) MUNICIPAL SOLID WASTE.—

6 ‘‘(A) WASTE INCLUDED.—Except as pro7 vided in subparagraph (B), the term ‘municipal 

8 solid waste’ means—

9 ‘‘(i) all waste materials discarded for 

10 disposal by households, including single 

11 and multifamily residences, and hotels and 

12 motels; and 

13 ‘‘(ii) all waste materials discarded for 

14 disposal that were generated by commer15 cial, institutional, municipal, and industrial 

16 sources, to the extent such materials—

17 ‘‘(I) are essentially the same as 

18 materials described in clause (i); and 

19 ‘‘(II) were collected and disposed 

20 of with other municipal solid waste 

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

22 of this clause as part of normal mu23 nicipal solid waste collection services, 

24 except that this subclause does not 

25 apply to hazardous materials other 
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1 than hazardous materials that, pursu2 ant to regulations issued under sec3 tion 3001(d), are not subject to regu4 lation under subtitle C. 

5 Examples of municipal solid waste include food 

6 and yard waste, paper, clothing, appliances, 

7 consumer product packaging, disposable dia8 pers, office supplies, cosmetics, glass and metal 

9 food containers, and household hazardous 

10 waste. Such term shall include debris resulting 

11 from construction, remodeling, repair, or demo12 lition of structures. 

13 ‘‘(B) WASTE NOT INCLUDED.—The term 

14 ‘municipal solid waste’ does not include any of 

15 the following: 

16 ‘‘(i) Any solid waste identified or list17 ed as a hazardous waste under section 

18 3001, except for household hazardous 

19 waste. 

20 ‘‘(ii) Any solid waste, including con21 taminated soil and debris, resulting from—

22 ‘‘(I) a response action taken 

23 under section 104 or 106 of the Com24 prehensive Environmental Response, 
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1 Compensation, and Liability Act (42 

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

3 ‘‘(II) a response action taken 

4 under a State law with authorities 

5 comparable to the authorities of such 

6 section 104 or 106; or 

7 ‘‘(III) a corrective action taken 

8 under this Act. 

9 ‘‘(iii) Recyclable materials that have 

10 been separated, at the source of the waste, 

11 from waste otherwise destined for disposal 

12 or that have been managed separately from 

13 waste destined for disposal. 

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

15 fuel source. 

16 ‘‘(v) Materials and products returned 

17 from a dispenser or distributor to the man18 ufacturer or an agent of the manufacturer 

19 for credit, evaluation, and possible reuse. 

20 ‘‘(vi) Any solid waste that is—

21 ‘‘(I) generated by an industrial 

22 facility; and 

23 ‘‘(II) transported for the purpose 

24 of treatment, storage, or disposal to a 

25 facility or unit thereof that is owned 
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1 or operated by the generator of the 

2 waste, located on property owned by 

3 the generator or a company with 

4 which the generator is affiliated, or 

5 the capacity of which is contractually 

6 dedicated exclusively to a specific gen7 erator, so long as the disposal area 

8 complies with local and State land use 

9 and zoning regulations applicable to 

10 the disposal site. 

11 ‘‘(vii) Any medical waste that is seg12 regated from or not mixed with solid 

13 waste. 

14 ‘‘(viii) Sewage sludge and residuals 

15 from any sewage treatment plant. 

16 ‘‘(ix) Combustion ash generated by re17 source recovery facilities or municipal in18 cinerators, or waste from manufacturing or 

19 processing (including pollution control) op20 erations not essentially the same as waste 

21 normally generated by households. 

22 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

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

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

25 solid waste generated outside of the State. The term 
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1 also includes municipal solid waste generated outside 

2 of the United States. 

3 ‘‘(5) SPECIFIC AUTHORIZATION.—The term 

4 ‘specifically authorizes’ refers to an explicit author5 ization, contained in a host community agreement or 

6 permit, to import waste from outside the State. 

7 Such authorization may include a reference to a 

8 fixed radius surrounding the landfill or incinerator 

9 which includes an area outside the State or a ref10 erence to ‘any place of origin’, reference to specific 

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

12 ‘regardless of origin’ or ‘outside the State’. The lan13 guage for such authorization may vary as long as it 

14 clearly and affirmatively states the approval or con15 sent of the affected local government or State for re16 ceipt of municipal solid waste from sources or loca17 tions outside the State from which the owner or op18 erator of a landfill or incinerator proposes to import 

19 it. The authorization shall not include general ref20 erences to the receipt of waste outside the jurisdic21 tion of the affected local government. 

22 ‘‘(i) COST RECOVERY SURCHARGE.—

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

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

2 municipal solid waste in such State. 

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

5 ending on December 31, 2006, a State may not im6 pose or collect a cost recovery surcharge from a fa7 cility on any out-of-State municipal solid waste that 

8 meets both of the following conditions: 

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

11 before the date of enactment of this section. 

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

13 in a calendar year under the contract or con14 tracts does not exceed the amount of waste re15 ceived at the facility during calendar year 2003. 

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

17 the cost recovery surcharge may be no greater than 

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

20 event may exceed $2 per ton of waste. 

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

22 cost recovery surcharges collected by a State shall be 

23 used to fund those solid waste management pro24 grams administered by the State or its political sub-
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1 divisions that incur costs for which the surcharge is 

2 collected. 

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

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

7 waste if—

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

9 State arising from the combustion or disposal 

10 within the State of a volume of municipal solid 

11 waste from a source outside the State; 

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

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

14 if not paid for through the surcharge, would 

15 otherwise have to be paid or subsidized by the 

16 State; and 

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

18 not discriminatory. 

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

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

21 which recovery is sought is otherwise recovered by 

22 any other fee or tax assessed against the generation, 

23 transportation, treatment, combustion, or disposal of 

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

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

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

6 which a State invokes this subsection to justify a 

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

9 waste, the State shall bear the burden of estab10 lishing that the cost recovery surcharge satisfies the 

11 conditions set forth in paragraph (5). 

12 ‘‘SEC. 4012. INTERNATIONAL TRANSPORTATION AND DIS13 POSAL OF MUNICIPAL SOLID WASTE. 

14 ‘‘(a) AUTHORITY.—Consistent with section 4011, a 

15 State may enact a law or laws imposing limitations (in16 cluding a prohibition) on the receipt and disposal of for17 eign municipal solid waste. 

18 ‘‘(b) EFFECT ON INTERSTATE AND FOREIGN COM19 MERCE.—No State action taken as authorized by this sec20 tion shall be considered to impose an undue burden on 

21 interstate and foreign commerce or to otherwise impair, 

22 restrain, or discriminate against interstate and foreign 

23 commerce. 

24 ‘‘(c) DEFINITIONS.—For purposes of this section: 
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1 ‘‘(1) FOREIGN MUNICIPAL SOLID WASTE.—The 

2 term ‘foreign municipal solid waste’ means munic3 ipal solid waste generated outside of the United 

4 States. 

5 ‘‘(2) MUNICIPAL SOLID WASTE.—The term 

6 ‘municipal solid waste’ has the meaning given that 

7 term in section 4011. 

8 ‘‘SEC. 4013. CANADIAN TRANSBOUNDARY MOVEMENT OF 

9 MUNICIPAL SOLID WASTE. 

10 ‘‘(a) PROHIBITION.—No person shall import, trans11 port, or export municipal solid waste for final disposal or 

12 for incineration in violation of the Agreement Between the 

13 Government of the United States of America and the Gov14 ernment of Canada Concerning the Transboundary Move15 ment of Hazardous Waste, or any regulations issued to 

16 implement and enforce such agreement. 

17 ‘‘(b) ADMINISTRATOR’S AUTHORITY.—The Adminis18 trator shall perform the functions of the Designated Au19 thority of the United States with respect to the importa20 tion and exportation of municipal solid waste under the 

21 agreement described in subsection (a). Upon the enact22 ment of this section, the Administrator shall implement 

23 and enforce the notice and consent provisions of such 

24 agreement, as well as the other provisions thereof. In con25 sidering whether to consent to the importation of munic-
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1 ipal solid waste under article 3(c) of such agreement, the 

2 Administrator shall—

3 ‘‘(1) give substantial weight to the views of the 

4 State or States into which the municipal solid waste 

5 is to be imported, and consider the views of the local 

6 government with jurisdiction over the location where 

7 the waste is to be disposed; and 

8 ‘‘(2) consider the impact of the importation 

9 on—

10 ‘‘(A) continued public support for and ad11 herence to State and local recycling programs; 

12 ‘‘(B) landfill capacity as provided in com13 prehensive waste management plans; 

14 ‘‘(C) air emissions from increased vehicular 

15 traffic; 

16 ‘‘(D) road deterioration from increased ve17 hicular traffic; and 

18 ‘‘(E) public health and the environment. 

19 ‘‘(c) COMPLIANCE ORDERS.—(1) Whenever on the 

20 basis of any information the Administrator determines 

21 that any person has violated or is in violation of this sec22 tion, the Administrator may issue an order assessing a 

23 civil penalty for any past or current violation, requiring 

24 compliance immediately or within a specified time period, 

25 or both, or the Administrator may commence a civil action 
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1 in the United States district court in the district in which 

2 the violation occurred for appropriate relief, including a 

3 temporary or permanent injunction. 

4 ‘‘(2) Any order issued pursuant to this subsection 

5 shall state with reasonable specificity the nature of the vio6 lation. Any penalty assessed in the order shall not exceed 

7 $25,000 per day of noncompliance for each violation. In 

8 assessing such a penalty, the Administrator shall take into 

9 account the seriousness of the violation and any good faith 

10 efforts to comply with applicable requirements. 

11 ‘‘(d) PUBLIC HEARING.—Any order issued under this 

12 section shall become final unless, not later than 30 days 

13 after the order is served, the person or persons named 

14 therein request a public hearing. Upon such request the 

15 Administrator shall promptly conduct a public hearing. In 

16 connection with any proceeding under this section the Ad17 ministrator may issue subpoenas for the attendance and 

18 testimony of witnesses and the production of relevant pa19 pers, books, and documents, and may promulgate rules for 

20 discovery procedures. 

21 ‘‘(e) VIOLATION OF COMPLIANCE ORDERS.—If a vio22 lator fails to take corrective action within the time speci23 fied in a compliance order, the Administrator may assess 

24 a civil penalty of not more than $25,000 for each day of 

25 continued noncompliance with the order.’’. 
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1 (b) TABLE OF CONTENTS AMENDMENT.—The table 

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

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

4 to section 4010 the following new items:

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

‘‘Sec. 4012. International transportation and disposal of municipal solid waste. 

‘‘Sec. 4013. Canadian transboundary movement of municipal solid waste.’’.

5 SEC. 3. TREATMENT AND REUSE OF AGRICULTURAL 

6 WASTES. 

7 Subtitle H of the Solid Waste Disposal Act (42 

8 U.S.C. 6981 et seq.) is amended—

9 (1) in section 8005—

10 (A) by striking ‘‘and’’ at the end of sub11 section (a)(9); 

12 (B) by striking the period at the end of 

13 subsection (a)(10) and inserting ‘‘; and’’; 

14 (C) by adding at the end of subsection (a) 

15 the following: 

16 ‘‘(11) the benefits of alternatives to open field 

17 disposal of agricultural solid wastes (including bio18 mass). 

19 If a municipality or an intermunicipality contains 

20 3,000,000 or more people, the Administrator shall work 

21 with that State and its municipal and intermunicipal pol22 lution control agencies and the agricultural waste genera23 tors in those States to address pollution reduction or pub24 lic health needs, where new treatment and disposal options 
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1 referred to in paragraph (11) will reduce risks to public 

2 health, improve environmental quality, and conserve land3 fill capacity, demonstrate the value of alternatives to agri4 cultural solid waste disposal, and develop commercially 

5 feasible, environmentally beneficial alternatives and make 

6 those methods and means known. For purposes of the pre7 ceding sentence and paragraph (11) only, agricultural 

8 wastes shall not include urban and forest wood products, 

9 and shall include field and seed crop residues, including 

10 straws from rice and wheat, and fruit and nut crop resi11 dues, including orchard and vineyard pruning and remov12 als.’’; and 

13 (D) by adding at the end the following new 

14 subsection: 

15 ‘‘(d) DEFINITION.—For the purposes if this section, 

16 the term ‘pollution control agency’ means— 

17 ‘‘(1) a single State agency designated by the 

18 Governor of that State as the official State pollution 

19 control agency for purposes of this Act; 

20 ‘‘(2) an agency established by two or more 

21 States and having substantial powers or duties per22 taining to the prevention and control of pollution; 

23 ‘‘(3) a city, county, or other local government 

24 health authority, or, in the case of any city, county, 

25 or other local government in which there is an agen-
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1 cy other than the health authority charged with re2 sponsibility for enforcing ordinances or laws relating 

3 to the prevention and control of pollution, such other 

4 agency; 

5 ‘‘(4) an agency of two or more municipalities lo6 cated in the same State or in different States and 

7 having substantial powers or duties pertaining to the 

8 prevention and control of pollution; or 

9 ‘‘(5) an agency of an Indian tribe responsible 

10 for pollution control.’’; and 

11 (2) in section 8007—

12 (A) by inserting ‘‘(a)’’ before ‘‘There are’’; 

13 and 

14 (B) by adding at the end the following: 

15 ‘‘(b)(1) Notwithstanding the limitations provided in 

16 section 8006(f), the Administrator may implement a dem17 onstration project relating to the subject described in sec18 tion 8005(a)(11), pursuant to section 8005(b). 

19 ‘‘(2) There are authorized to be appropriated for gen20 erators of diverted agricultural waste $6,000,000 to carry 

21 out the demonstration program described in paragraph 

22 (1). Such amounts shall be matched with non-Federal 

23 funding on a one-to-one basis.’’.

Æ