I 

111TH CONGRESS 

1ST SESSION H. R. 274 

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

waste, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2009 

Mr. WITTMAN 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 2009’’. 

6 SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF 

7 MUNICIPAL SOLID WASTE. 

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

10 after section 4010 the following new section: 


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1 ‘‘SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MU2 NICIPAL SOLID WASTE. 

3 ‘‘(a) PRESUMPTIVE BAN ON RECEIPT OF OUT-OF4 STATE WASTE.—No landfill or incinerator may receive 

5 any out-of-State municipal solid waste for disposal or in6 cineration unless the waste is received pursuant to— 

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

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

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

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

11 Except as provided in subsection (e), (f), or (g), out-of12 State municipal solid waste may be received at a landfill 

13 or incinerator for disposal or incineration pursuant to a 

14 host community agreement entered into before the enact15 ment of this section if— 

16 ‘‘(1) the agreement specifically authorizes the 

17 owner or operator to accept, at the landfill or incin18 erator, out-of-State municipal solid waste; and 

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

20 the terms and conditions of the host community 

21 agreement. 

22 The owner or operator shall provide a copy of the host 

23 community agreement, within 90 days after the enactment 

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

25 and make such a copy available for inspection by the pub26 lic in the affected local community. 


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

2 ‘‘(1) EXEMPTION FROM BAN.—Except as pro3 vided in subsection (e), out-of-State municipal solid 

4 waste may be received at a landfill or incinerator for 

5 disposal or incineration pursuant to a host commu6 nity agreement entered into or amended on or after 

7 the enactment of this section (in this section re8 ferred to as a ‘new host community agreement’) if 

9 the agreement specifically authorizes the receipt of 

10 such waste and meets the requirements of para11 graphs (2) through (6) of this subsection. 

12 ‘‘(2) REQUIREMENTS FOR AUTHORIZATION.— 

13 An authorization to receive out-of-State municipal 

14 solid waste pursuant to a new host community 

15 agreement shall be granted by formal action at a 

16 meeting; be recorded in writing in the official record 

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

18 terms. Such authorization shall specify terms and 

19 conditions, including an amount of out-of-State mu20 nicipal solid waste that an owner or operator may 

21 receive and the duration of the authorization. 

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

24 waste pursuant to a new host community agreement 

25 under this subsection, the owner or operator of the 


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1 facility seeking such authorization shall provide (and 

2 make readily available to the State, each contiguous 

3 local government and Indian tribe, and any other in4 terested person for inspection and copying) each of 

5 the following items of information: 

6 ‘‘(A) A brief description of the facility, in7 cluding, with respect to both the facility and 

8 any planned expansion of the facility, the size, 

9 the ultimate waste capacity, and the anticipated 

10 monthly and yearly quantities of waste to be 

11 handled. Such quantities shall be expressed in 

12 terms of volume. 

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

14 location in relation to the local road system and 

15 topography and general hydrogeological fea16 tures. The map shall indicate any buffer zones 

17 to be acquired by the owner or operator as well 

18 as all facility units. 

19 ‘‘(C) A description of the then current en20 vironmental characteristics of the site, a de21 scription of ground water use in the area, and 

22 a discussion of alterations that may be neces23 sitated by, or occur as a result of, the facility. 

24 The description of groundwater use shall inVerDate Nov 24 2008 23:36 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H274.IH H274

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1 clude identification of private wells and public 

2 drinking water sources. 

3 ‘‘(D) A description of environmental con4 trols typically required to be used on the site 

5 (pursuant to permit requirements), including 

6 run on or run off management, or both, air pol7 lution control devices, source separation proce8 dures (if any), methane monitoring and control, 

9 landfill covers, liners or leachate collection sys10 tems, and monitoring programs. In addition, 

11 the description shall include a description of 

12 any waste residuals generated by the facility, 

13 including leachate or ash, and the planned man14 agement of the residuals. 

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

16 to be employed, and roadway improvements to 

17 be made, by the owner or operator, and an esti18 mate of the timing and extent of increased local 

19 truck traffic. 

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

21 and local permits. 

22 ‘‘(G) Estimates of the personnel require23 ments of the facility, including information re24 garding the probable skill and education levels 

25 required for jobs at the facility. To the extent 


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1 practicable, the information shall distinguish 

2 between employment statistics for preopera3 tional and postoperational levels. 

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

5 State or Federal law to be provided with re6 spect to any violations of environmental laws 

7 (including regulations) by the owner, the oper8 ator, and any subsidiary of the owner or oper9 ator, the disposition of enforcement proceedings 

10 taken with respect to the violations, and correc11 tive action and rehabilitation measures taken as 

12 a result of the proceedings. 

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

14 State or Federal law to be provided with re15 spect to gifts and contributions made by the 

16 owner or operator. 

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

18 State or Federal law to be provided with re19 spect to compliance by the owner or operator 

20 with the State solid waste management plan. 

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

22 formal action with respect to granting authorization 

23 to receive out-of-State municipal solid waste pursu24 ant to a new host community agreement under this 

25 subsection, an affected local government shall— 


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1 ‘‘(A) notify the State, contiguous local gov2 ernments, and any contiguous Indian tribes; 

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

4 newspaper of general circulation in the affected 

5 area at least 15 days before holding a hearing 

6 under subparagraph (C), except where State 

7 law provides for an alternate form of public no8 tification; 

9 ‘‘(C) provide an opportunity for public 

10 comment, including at least 1 public hearing; 

11 and 

12 ‘‘(D) make publicly available the entire 

13 text of the new host community agreement. 

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

15 but not later than 90 days after an authorization is 

16 granted pursuant to a new host community agree17 ment under this subsection, the affected local gov18 ernment shall notify the Governor, contiguous local 

19 governments, and any contiguous Indian tribes of 

20 such authorization. 

21 ‘‘(6) PUBLIC AVAILABILITY.—The owner or op22 erator of a facility authorized to receive out-of-State 

23 municipal solid waste pursuant to a new host com24 munity agreement under this subsection shall ensure 

25 that copies of the entire text of such agreement are 


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1 readily available to the public and are provided with2 in 5 days after a request from any person. Such 

3 owner or operator may recover reasonable costs of 

4 providing each copy. 

5 ‘‘(7) AUTHORITY.— 

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

7 law or laws with respect to the entry, by an af8 fected local government in the State, into a host 

9 community agreement, as it relates to the inter10 state transportation of solid waste. 

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

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

13 State shall act in a consistent manner that does 

14 not discriminate against the receipt of out-of15 State municipal solid waste on the basis of 

16 State of origin. 

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

18 HOST COMMUNITY AGREEMENTS.— 

19 ‘‘(1) EXEMPTION FROM BAN.—Except as pro20 vided in subsection (e), out-of-State municipal solid 

21 waste received at a landfill or incinerator shall be ex22 empt from the presumptive ban contained in sub23 section (a) if the owner or operator of the landfill or 

24 incinerator provides to the State in which the landfill 


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1 or incinerator is located and to the affected local 

2 government either of the following: 

3 ‘‘(A) PERMIT.—Information establishing 

4 that, before the enactment of this section, the 

5 owner or operator of the landfill or incinerator 

6 has received a State permit that specifically au7 thorizes the owner or operator to accept, at the 

8 landfill or incinerator, such out-of-State munic9 ipal solid waste. This subparagraph shall be ef10 fective only if the owner or operator complies 

11 with all of the terms and conditions of the per12 mit after the date of enactment of this section 

13 and notifies the affected local government of 

14 the permit as soon as practicable but not later 

15 than 90 days after the date of enactment of 

16 this section. 

17 ‘‘(B) CONTRACT.—Information estab18 lishing that the owner or operator of the landfill 

19 or incinerator has entered into a binding con20 tract before January 1, 2009, that commits to 

21 the delivery to and receipt at the landfill or in22 cinerator of a specific quantity of out-of-State 

23 municipal solid waste and that the owner or op24 erator of the landfill or incinerator has per25 mitted capacity actually available on the date of 


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1 enactment of this section for receipt of the spe2 cific quantity of out-of-State municipal solid 

3 waste committed to in the contract. This sub4 paragraph shall be effective only for the longer 

5 of— 

6 ‘‘(i) the life of the contract (not in7 cluding any renewal, novation, or extension 

8 thereof); or 

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

10 of enactment of this section, 

11 and only with respect to the amount of the obli12 gation in the contract. 

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

14 owner or operator of a landfill or incinerator receiv15 ing out-of-State municipal solid waste pursuant to 

16 an exemption under paragraph (1) shall make avail17 able for inspection by the public in the affected local 

18 community a copy of the permit or contract referred 

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

20 omit any proprietary information contained in con21 tracts. 

22 ‘‘(3) DENIED OR REVOKED PERMITS.—A land23 fill or incinerator may not receive for disposal or in24 cineration out-of-State municipal solid waste pursu25 ant to an exemption under paragraph (1) if the opVerDate Nov 24 2008 23:36 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H274.IH H274

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1 erating permit for the landfill or incinerator (or re2 newal thereof) was denied or revoked by the appro3 priate State agency before the date of enactment of 

4 this section, unless such permit or license (or re5 newal) has been reinstated as of such date of enact6 ment. 

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

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

9 or incinerator during any period with respect to which the 

10 State in which the facility is located has administratively 

11 determined that the facility is not in compliance with ap12 plicable Federal, State, or local laws and regulations relat13 ing to— 

14 ‘‘(1) facility operation, design, and construction; 

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

16 standards, leachate collection standards, ground17 water monitoring standards, runoff controls, emis18 sion controls, landfill cover and dust suppression re19 quirements, environmental controls, and standards 

20 for financial assurance and for closure and 

21 postclosure and corrective action; and 

22 ‘‘(3) the applicable requirements of the Clean 

23 Air Act and this Act. 

24 ‘‘(f) AUTHORITY OF STATE TO RESTRICT OUT-OF25 STATE MUNICIPAL SOLID WASTE.— 


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1 ‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE2 CEIVED.— 

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

4 STATE.—A State may limit the amount of out5 of-State municipal solid waste received annually 

6 at each landfill or incinerator in the State to 

7 the limitation amount described in paragraph 

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

9 such limit may conflict— 

10 ‘‘(i) with provisions of a permit spe11 cifically authorizing the owner or operator 

12 to accept, at the facility, out-of-State mu13 nicipal solid waste; or 

14 ‘‘(ii) with a host community agree15 ment entered into between the owner or 

16 operator of any such landfill or incinerator 

17 and the affected local government that, be18 fore January 1, 2009, specifically author19 izes the landfill or incinerator to receive 

20 out-of-State municipal solid waste. 

21 ‘‘(B) CONFLICT.—If a facility received less 

22 than 100,000 tons of out-of-State municipal 

23 solid waste during the previous year, a limit re24 ferred to in subparagraph (A) shall be treated 

25 as conflicting with— 


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

2 a higher limit or does not establish any 

3 limit on the amount of out-of-State munic4 ipal solid waste which may be received an5 nually at the facility; and 

6 ‘‘(ii) a host community agreement if 

7 the host community agreement establishes 

8 a higher limit or does not establish any 

9 limit on the amount of out-of-State munic10 ipal solid waste which may be received an11 nually at the facility, but only to the extent 

12 that the landfill or incinerator, at the time 

13 the host community agreement was entered 

14 into, had specifically permitted capacity to 

15 receive the solid waste authorized by the 

16 host community agreement. 

17 ‘‘(C) LIMIT FOR PARTICULAR FACILI18 TIES.—An affected local government that has 

19 not executed a host community agreement with 

20 a particular landfill or incinerator may limit the 

21 amount of out-of-State municipal solid waste 

22 received annually at the landfill or incinerator 

23 concerned to the limitation amount described in 

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

25 provisions of a permit specifically authorizing 


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

2 out-of-State municipal solid waste. 

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

4 in this subsection shall be interpreted or con5 strued to supersede any State law relating to 

6 contracts. 

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

8 incinerator that commenced receiving documented 

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

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

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

13 waste received at the landfill or incinerator con14 cerned during calendar year 1993, or, in the case of 

15 a State which did not require documentation of the 

16 sort required by this paragraph to be kept for cal17 endar year 1993, the first subsequent calendar year 

18 for which the State required such documentation. 

19 The documentation referred to in this paragraph 

20 shall be such as would result in civil or criminal pen21 alties under State law in case of false or misleading 

22 information. Such documentation shall include the 

23 amount of waste received in 1993, or such other 

24 baseline year as is provided for in this paragraph, 


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1 and may include place of origin, identity of the gen2 erator, date of shipment, and type of waste. 

3 ‘‘(3) 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 ‘‘(g) LIMITATIONS ON PROSPECTIVE WASTE

9 FLOWS.— 

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

11 State may provide by law that the State will deny 

12 or refuse to renew, and a State that does not pro13 vide for renewal of permits may provide by law that 

14 the State will, upon State review of the permit or 

15 application for amendment to the permit, revoke all 

16 or part of or refuse to amend, a permit for the con17 struction, expansion, increase in capacity, transfer of 

18 ownership, or operation of a landfill or incinerator, 

19 or for a major modification to an existing landfill or 

20 incinerator, if— 

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

22 local comprehensive municipal solid waste man23 agement plan developed under Federal or State 

24 law; and 


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1 ‘‘(B) the denial, refusal to renew or 

2 amend, or revocation is based on a determina3 tion, pursuant to a State law authorizing the 

4 denial, refusal to renew or amend, or revoca5 tion, that there is not a local or regional need 

6 for the landfill or incinerator in the State. 

7 ‘‘(2) PERCENTAGE LIMIT.— 

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

9 by law that a State permit issued or renewed 

10 after the date of enactment of this section, and, 

11 in the case of a State that does not provide for 

12 renewal of permits, a State permit amended or 

13 reviewed by the State, for the construction, ex14 pansion, increase in capacity, transfer of owner15 ship, or operation of a municipal solid waste 

16 landfill or incinerator shall include a require17 ment that not more than a specified percentage 

18 of the total amount of municipal solid waste re19 ceived annually at the landfill or incinerator 

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

21 percentage limitation established by a State 

22 under this subparagraph shall not be less than 

23 20 percent. 

24 ‘‘(B) HOST COMMUNITY AGREEMENT.— 

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


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1 landfill or incinerator acting pursuant to a host 

2 community agreement entered into prior to 

3 January 1, 2009, that specifically authorizes 

4 the landfill or incinerator to receive a specific 

5 quantity of out-of-State municipal solid waste 

6 annually may receive the specific quantity au7 thorized under the host community agreement, 

8 but only to the extent that the landfill or incin9 erator, at the time the host community agree10 ment was entered into, had specifically per11 mitted capacity to receive the solid waste au12 thorized by the host community agreement. 

13 ‘‘(C) NONDISCRIMINATION.—An annual 

14 percentage limitation referred to in subpara15 graph (A)— 

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

17 solid waste landfills and incinerators in the 

18 State; and 

19 ‘‘(ii) may not discriminate against 

20 out-of-State municipal solid waste accord21 ing to the State of origin. 

22 ‘‘(h) AUTHORITY OF STATE TO RESTRICT OUT-OF23 STATE MUNICIPAL SOLID WASTE BASED ON RECYCLING

24 PROGRAMS.— 

25 ‘‘(1) AUTHORITY.— 


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

2 amount of out-of-State municipal solid waste 

3 received annually at each landfill or incinerator 

4 in the State to the amount of out-of-State mu5 nicipal solid waste received at the landfill or in6 cinerator concerned during calendar year 1995 

7 if the State has enacted a comprehensive, state8 wide recycling program. No such limit may con9 flict— 

10 ‘‘(i) with provisions of a permit spe11 cifically authorizing the owner or operator 

12 to accept, at the facility, out-of-State mu13 nicipal solid waste; or 

14 ‘‘(ii) with a host community agree15 ment entered into between the owner or 

16 operator of any such landfill or incinerator 

17 and the affected local government. 

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

19 subparagraph (A) shall be treated as conflicting 

20 with— 

21 ‘‘(i) a permit if the permit 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; and 


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1 ‘‘(ii) a host community agreement if 

2 the host community agreement establishes 

3 a higher limit or does not establish any 

4 limit on the amount of out-of-State munic5 ipal solid waste which may be received an6 nually at the facility, but only to the extent 

7 that the landfill or incinerator, at the time 

8 the host community agreement was entered 

9 into, had specifically permitted capacity to 

10 receive the solid waste authorized by the 

11 host community agreement. 

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

13 limitation under this subsection, a State shall act in 

14 a consistent manner that does not discriminate 

15 against any shipments of out-of-State municipal 

16 solid waste on the basis of State of origin. 

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

18 this subsection shall be interpreted or construed to 

19 supersede any State law relating to contracts. 

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

21 the term ‘comprehensive, statewide recycling pro22 gram’ means a law of statewide applicability that re23 quires the generators of municipal solid waste to 

24 separate all of the following materials for recycling 


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1 as a condition of disposing of the waste at landfills 

2 or incinerators in the State: 

3 ‘‘(A) Aluminum containers. 

4 ‘‘(B) Corrugated paper or other container 

5 board. 

6 ‘‘(C) Glass containers. 

7 ‘‘(D) Magazines or other material printed 

8 on similar paper. 

9 ‘‘(E) Newspapers or other material printed 

10 on newsprint. 

11 ‘‘(F) Office paper. 

12 ‘‘(G) Plastic containers. 

13 ‘‘(H) Steel containers. 

14 ‘‘(I) Containers for carbonated or malt 

15 beverages that are primarily made of a com16 bination of steel and aluminum. 

17 ‘‘(i) COST RECOVERY SURCHARGE.— 

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

19 collect a cost recovery charge on the processing, 

20 combustion, or disposal in a landfill or incinerator of 

21 out-of-State municipal solid waste in the State in ac22 cordance with this subsection. 

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

24 the cost recovery surcharge may be no greater than 

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1 mined in conformance with paragraph (4) and in no 

2 event may exceed $3.00 per ton of waste. 

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

4 cost recovery surcharges collected by a State shall be 

5 used to fund those solid waste management pro6 grams administered by the State or its political sub7 division that incur costs for which the surcharge is 

8 collected. 

9 ‘‘(4) CONDITIONS.—(A) Subject to subpara10 graphs (B) and (C), a State may impose and collect 

11 a cost recovery surcharge on the processing, combus12 tion, or disposal within the State of out-of-State mu13 nicipal solid waste if— 

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

15 State or its political subdivisions arising from 

16 the processing, combustion, or disposal within 

17 the State of a volume of municipal solid waste 

18 from a source outside the State; 

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

20 demonstrated under clause (i) that, if not paid 

21 for through the surcharge, would otherwise 

22 have to be paid or subsidized by the State or 

23 its political subdivisions; and 

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

25 not discriminatory. 


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

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

3 which recovery is sought is otherwise paid, recov4 ered, or offset by any other fee or tax paid to the 

5 State or its political subdivision in connection with 

6 the generation, transportation, treatment, proc7 essing, combustion, or disposal of solid waste. Any 

8 provision in a host community agreement that places 

9 responsibility for payment or reimbursement for fees 

10 under this subsection on the host community is here11 by declared null and void. 

12 ‘‘(C) The grant of a subsidy by a State with re13 spect to entities disposing of waste generated within 

14 the State does not constitute discrimination for pur15 poses of subparagraph (A)(iii). 

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

17 ‘‘(A) The term ‘costs’ means the costs in18 curred by the State for the implementation of 

19 its laws governing the processing, combustion, 

20 or disposal of municipal solid waste, limited to 

21 the issuance of new permits and renewal of or 

22 modification of permits, inspection and compli23 ance monitoring, enforcement, and costs associ24 ated with technical assistance, data manage25 ment, and collection of fees. 


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1 ‘‘(B) The term ‘processing’ means any ac2 tivity to reduce the volume of solid waste or 

3 alter its chemical, biological or physical state, 

4 through processes such as thermal treatment, 

5 bailing, composting, crushing, shredding, sepa6 ration, or compaction. 

7 ‘‘(j) INSPECTIONS.—A State may require that a 

8 State-employed or authorized inspector be onsite during 

9 any or all hours of operation at any facility that receives 

10 out-of-State municipal solid waste. Such inspectors shall 

11 be authorized to ensure the enforcement of Federal, State, 

12 and local laws and regulations relating to the receipt of 

13 out-of-State municipal solid waste, and to ensure that out14 of-State municipal solid waste received at a transfer facil15 ity or other interim holding facility remains identifiable 

16 as out-of-State municipal solid waste when transferred to 

17 a landfill or incinerator. The State may require reimburse18 ment from the facility for reasonable costs of providing 

19 such inspectors. 

20 ‘‘(k) IMPLEMENTATION AND ENFORCEMENT.—Any 

21 State may adopt such laws and regulations, not incon22 sistent with this section, as are necessary to implement 

23 and enforce this section, including provisions for penalties. 

24 ‘‘(l) EFFECT ON INTERSTATE COMMERCE.—No State 

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1 tion, including the establishment of a limit pursuant to 

2 subsection (f) or the enactment or execution of a law or 

3 regulation described in subsection (c)(7), (g), (h), (i), or 

4 (k), shall be considered to impose an undue burden on 

5 interstate commerce or to otherwise impair, restrain, or 

6 discriminate against interstate commerce. 

7 ‘‘(m) ANNUAL STATE REPORT.—Each year the 

8 owner or operator of each landfill or incinerator receiving 

9 out-of-State municipal solid waste shall submit to the Gov10 ernor of the State in which the landfill or incinerator is 

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

12 municipal solid waste received for disposal during the pre13 ceding year, its place of origin, the identity of the gener14 ator, the date of shipments, and the type of waste received. 

15 Each year each such State shall publish and make avail16 able to the public a report containing information on the 

17 amount of out-of-State municipal solid waste received for 

18 disposal in the State during the preceding year. 

19 ‘‘(n) DEFINITIONS.—For purposes of this section: 

20 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—The 

21 term ‘affected local government’ means— 

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

23 law to plan for the management of municipal 

24 solid waste, a majority of the members of which 

25 are elected officials, for the area in which a 


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1 landfill or incinerator is located or proposed to 

2 be located; 

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

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

5 township, borough, county, or parish exercising 

6 primary responsibility over municipal solid 

7 waste management or the use of land in the ju8 risdiction in which a landfill or incinerator is lo9 cated or proposed to be located; or 

10 ‘‘(C) contiguous units of local government 

11 located in each of 2 or more adjoining States 

12 acting jointly as an affected local government, 

13 pursuant to the authority provided in section 

14 1005(b), for purposes of providing authoriza15 tion under subsection (b), (c), or (d) for munic16 ipal solid waste generated in the jurisdiction of 

17 one of those units of local government and re18 ceived for disposal or incineration in the juris19 diction of another. 

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

21 term ‘host community agreement’ means a written, 

22 legally binding agreement, lawfully entered into be23 tween an owner or operator of a landfill or inciner24 ator and an affected local government that specifiVerDate Nov 24 2008 23:36 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H274.IH H274

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1 cally authorizes the landfill or incinerator to receive 

2 out-of-State municipal solid waste. 

3 ‘‘(3) MUNICIPAL SOLID WASTE.— 

4 ‘‘(A) WASTE INCLUDED.—Except as pro5 vided in subparagraph (B), the term ‘municipal 

6 solid waste’ means— 

7 ‘‘(i) all waste materials discarded for 

8 disposal by households, including single 

9 and multifamily residences, and hotels and 

10 motels; 

11 ‘‘(ii) sewage sludge and residuals from 

12 any sewage treatment plant; 

13 ‘‘(iii) combustion ash generated by re14 source recovery facilities or municipal in15 cinerators; 

16 ‘‘(iv) petroleum contaminated soil; and 

17 ‘‘(v) all waste materials discarded for 

18 disposal that were generated by commer19 cial, institutional, municipal, and industrial 

20 sources, to the extent such materials— 

21 ‘‘(I) are essentially the same as 

22 materials described in clause (i); and 

23 ‘‘(II) were collected and disposed 

24 of with other municipal solid waste 

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


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1 of this clause as part of normal mu2 nicipal solid waste collection services, 

3 except that this subclause does not 

4 apply to hazardous materials other 

5 than hazardous materials that, pursu6 ant to regulations issued under sec7 tion 3001(d), are not subject to regu8 lation under subtitle C. 

9 Examples of municipal solid waste include food 

10 and yard waste, paper, clothing, appliances, 

11 consumer product packaging, disposable dia12 pers, office supplies, cosmetics, glass and metal 

13 food containers, and household hazardous 

14 waste. Such term shall include debris resulting 

15 from construction, remodeling, repair, or demo16 lition of structures. 

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

18 ‘municipal solid waste’ does not include any of 

19 the following: 

20 ‘‘(i) Any solid waste identified or list21 ed as a hazardous waste under section 

22 3001, except for household hazardous 

23 waste. 

24 ‘‘(ii) Any solid waste, including con25 taminated soil (other than petroleum conVerDate Nov 24 2008 23:36 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H274.IH H274

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1 taminated soil) and debris, resulting 

2 from— 

3 ‘‘(I) a response action taken 

4 under section 104 or 106 of the Com5 prehensive Environmental Response, 

6 Compensation, and Liability Act (42 

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

8 ‘‘(II) a response action taken 

9 under a State law with authorities 

10 comparable to the authorities of such 

11 section 104 or 106; or 

12 ‘‘(III) a corrective action taken 

13 under this Act. 

14 ‘‘(iii) Recyclable materials that have 

15 been separated, at the source of the waste, 

16 from waste otherwise destined for disposal 

17 or that have been managed separately from 

18 waste destined for disposal. 

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

20 fuel source. 

21 ‘‘(v) Materials and products returned 

22 from a dispenser or distributor to the man23 ufacturer or an agent of the manufacturer 

24 for credit, evaluation, and possible reuse. 

25 ‘‘(vi) Any solid waste that is— 


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1 ‘‘(I) generated by an industrial 

2 facility; and 

3 ‘‘(II) transported for the purpose 

4 of treatment, storage, or disposal to a 

5 facility or unit thereof that is owned 

6 or operated by the generator of the 

7 waste, located on property owned by 

8 the generator or a company with 

9 which the generator is affiliated, or 

10 the capacity of which is contractually 

11 dedicated exclusively to a specific gen12 erator, so long as the disposal area 

13 complies with local and State land use 

14 and zoning regulations applicable to 

15 the disposal site. 

16 ‘‘(vii) Any medical waste that is seg17 regated from or not mixed with solid 

18 waste. 

19 ‘‘(viii) Waste from manufacturing or 

20 processing (including pollution control) op21 erations not essentially the same as waste 

22 normally generated by households. 

23 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

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

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


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1 solid waste generated outside of the State. The term 

2 includes municipal solid waste generated outside of 

3 the United States and includes municipal solid waste 

4 generated outside of the State that has passed 

5 through a transfer facility or other interim holding 

6 facility inside the State. 

7 ‘‘(5) RECYCLABLE MATERIALS.—The term ‘re8 cyclable materials’ means materials that are di9 verted, separated from, or separately managed from 

10 materials otherwise destined for disposal as solid 

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

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

13 to, virgin materials, including petroleum, in the 

14 manufacture of usable materials or products. 

15 ‘‘(6) SPECIFICALLY AUTHORIZES.—(A) Except 

16 as provided in subparagraph (B), the term ‘specifi17 cally authorizes’ refers to an explicit authorization, 

18 contained in a host community agreement or permit, 

19 to import municipal solid waste from outside the 

20 State. Such authorization may include a reference to 

21 a fixed radius surrounding the landfill or incinerator 

22 which 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’. 


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1 ‘‘(B) If a landfill or incinerator received 

2 100,000 tons of out-of-State municipal solid waste 

3 or more during the previous year, when applied to 

4 such landfill or incinerator the term ‘specifically au5 thorizes’ refers to an explicit authorization, con6 tained in a host community agreement or permit, to 

7 import specific volumes or other specific quantities 

8 of municipal solid waste from outside the State. 

9 ‘‘(C) The language for a specific authorization 

10 under this paragraph must clearly and affirmatively 

11 state the approval or consent of the affected local 

12 government or State for receipt of municipal solid 

13 waste from sources or locations outside the State 

14 from which the owner or operator of a landfill or in15 cinerator proposes to import it. The term shall not 

16 include general references to the receipt of waste 

17 from outside the jurisdiction of the affected local 

18 government.’’. 

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

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

21 amended by adding after the item relating to section 4010 

22 the following new item: 

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

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

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

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


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1 submit a report to the Committee on Energy and Com2 merce of the House of Representatives and the Committee 

3 on Environment and Public Works of the Senate that con4 tains the following information: 

5 (1) Available information for each State that 

6 imports municipal solid waste detailing any incidents 

7 or circumstances where waste materials that are not 

8 authorized by permit to be disposed of at a landfill 

9 or incinerator have been discovered in the imported 

10 municipal solid waste during the transportation, 

11 processing, or disposal of such waste. Such unau12 thorized waste materials can include hazardous 

13 waste, medical waste, radioactive waste, and indus14 trial waste. 

15 (2) For each incident or circumstance identified 

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

17 circumstances of detection, and the identity of the 

18 source of the waste, the transporter, and the dis19 posal facility. 

20 (3) For each incident or circumstance identified 

21 under paragraph (1), an indication of whether any22 one was cited for a violation, and if so the nature 

23 of the violation and any penalty assessed. 

Æ 


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