SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL
WASTE.
Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end
the following new section:
‘‘INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE
‘‘SEC. 4011. (a) AUTHORITY TO RESTRICT OUT-OF-
STATE MUNICIPAL WASTE.—(1)(A) Except as provided in
subsection (b), if requested in writing by both an affected
local government and an affected local solid waste plan-
ning unit, if the local solid waste planning unit exists
under State law, a Governor may prohibit the disposal of
out-of-State municipal waste in any landfill or incinerator
that is subject to the jurisdiction of the Governor or the
affected local government.
‘‘(B) Prior to submitting a request under this section,
the affected local government and solid waste planning
unit shall—
‘‘(i) provide notice and opportunity for public
comment concerning any proposed request; and
‘‘(ii) following notice and comment, take formal
action on any proposed request at a public meeting.
‘‘(2) Beginning with calendar year 1993, a Governor
of a State may, with respect to landfills covered by the
exceptions provided in subsection (b)—
‘‘(A) notwithstanding the absence of a request
in writing by the affected local government and the
affected local solid waste planning unit, if any,—
‘‘(i) limit the quantity of out-of-State mu-
nicipal waste received for disposal at each land-
fill in the State to an annual quantity equal to
the quantity of out-of-State municipal waste re-
ceived for disposal at the landfill during the cal-
endar year 1991 or 1992, whichever is less; and
‘‘(ii) limit the disposal of out-of-State mu-
nicipal waste at landfills that received, during
calendar year 1991, documented shipments of
more than 50,000 tons of out-of-State munici-
pal waste representing more than 30 percent of
all municipal waste received at the landfill dur-
ing the calendar year, by prohibiting at each
such landfill the disposal, in any year, of a
quantity of out-of-State municipal waste that is
greater than 30 percent of all municipal waste
received at the landfill during calendar year
1991; and
‘‘(B) if requested in writing by the affected
local government and the affected local solid waste
planning unit, if any, prohibit the disposal of out-of-
State municipal waste in landfill cells that do not
meet the design and location standards and leachate
collection and ground water monitoring requirements
of State law and regulations in effect on January 1,
1993, for new landfills.
‘‘(3) In addition to the authorities provided in para-
graph (1)(A), beginning with calendar year 1997, a Gov-
ernor of any State, if requested in writing by the affected
local government and the affected local solid waste plan-
ning unit, if any, may further limit the disposal of out-
of-State municipal waste as provided in paragraph
(2)(A)(ii) by reducing the 30 percent annual quantity limi-
tation to 20 percent in each of calendar years 1998 and
1999, and to 10 percent in each succeeding calendar year.
‘‘(4)(A) Any limitation imposed by the Governor
under paragraph (2)(A)—
‘‘(i) shall be applicable throughout the State;
‘‘(ii) shall not discriminate against any particu-
lar landfill within the State; and
‘‘(iii) shall not discriminate against any ship-
ments of out-of-State municipal waste on the basis
of State of origin.
‘‘(B) In responding to requests by affected local gov-
ernments under paragraphs (1)(A) and (2)(B), the Gov-
ernor shall respond in a manner that does not discriminate
against any particular landfill within the State and does
not discriminate against any shipments of out-of-State
municipal waste on the basis of State of origin.
‘‘(5)(A) Any Governor who intends to exercise the au-
thority provided in this paragraph shall, within 120 days
after the date of enactment of this section, submit to the
Administrator information documenting the quantity of
out-of-State municipal waste received for disposal in the
State of the Governor during calendar years 1991 and
1992.
‘‘(B) On receipt of the information submitted pursu-
ant to subparagraph (A), the Administrator shall notify
the Governor of each State and the public and shall pro-
vide a comment period of not less than 30 days.
‘‘(C) Not later than 60 days after receipt of informa-
tion from a Governor under subparagraph (A), the Admin-
istrator shall determine the quantity of out-of-State mu-
nicipal waste that was received at each landfill covered by
the exceptions provided in subsection (b) for disposal in
the State of the Governor during calendar years 1991 and
1992, and provide notice of the determination to the Gov-
ernor of each State. A determination by the Administrator
under this subparagraph shall be final and not subject to
judicial review.
‘‘(D) Not later than 180 days after the date of enact-
ment of this section, the Administrator shall publish a list
of the quantity of out-of-State municipal waste that was
received during calendar years 1991 and 1992 at each
landfill covered by the exceptions provided in subsection
(b) for disposal in each State in which the Governor in-
tends to exercise the authority provided in this paragraph,
as determined in accordance with subparagraph (C).
‘‘(b) EXCEPTIONS
TO AUTHORITY TO PROHIBIT
OUT-OF-STATE MUNICIPAL WASTE.—The authority to
prohibit the disposal of out-of-State municipal waste pro-
vided under subsection (a)(1) shall not apply to—
‘‘(1) landfills in operation on the date of enact-
ment of this section that—
‘‘(A) received during calendar year 1991
documented shipments of out-of-State munici-
pal waste; and
‘‘(B) are in compliance with all applicable
State laws (including any State rule or regula-
tion) relating to design and location standards,
leachate collection, ground water monitoring,
and financial assurance for closure and post-
closure and corrective action;
‘‘(2) proposed landfills that, prior to January 1,
1993, received—
‘‘(A) an approval from the affected local
government to receive municipal waste gen-
erated outside the county or the State in which
the landfill is located; and
‘‘(B) a notice of decision from the State to
grant a construction permit; or
‘‘(3) incinerators in operation on the date of en-
actment of this section that—
‘‘(A) received, during calendar year 1991,
documented shipments of out-of-State munici-
pal waste;
‘‘(B) are in compliance with the applicable
requirements of section 129 of the Clean Air
Act (42 U.S.C. 7429); and
‘‘(C) are in compliance with all applicable
State laws (including any State rule or regula-
tion) relating to facility design and operations.
‘‘(c) COST RECOVERY SURCHARGE AUTHORITY.—(1)
A State may impose and collect a fee (hereinafter in this
subsection referred to as a ‘cost recovery surcharge’) on
the combustion or disposal in a landfill, incinerator, or
other waste disposal facility of out-of-State municipal
waste in such State. Such cost recovery surcharge may
be different from a fee or charge imposed by the State
on solid waste which is generated in such State.
‘‘(B) The Administrator shall publish the maxi-
mum amount of the cost recovery surcharge for the
next 12-month period by March 1 of each year.
‘‘(d) DEFINITIONS.—As used in this section:
‘‘(1)(A) The term ‘affected local government’,
with respect to a landfill or incinerator, means the
elected officials of the city, town, borough, county,
or parish in which the facility is located.
‘‘(B) Within 90 days after the date of the en-
actment of this section, the Governor shall designate
which entity listed in subparagraph (A) shall serve
as the affected local government for actions taken
under this section. If the Governor fails to make a
designation, the affected local government shall be
the city, town, borough, county, parish, or other
public body created pursuant to State law with pri-
mary jurisdiction over the land or the use of land on
which the facility is located.
‘‘(2) The term ‘affected local solid waste plan-
ning unit’ means a political subdivision of a State
with authority relating to solid waste management
planning in accordance with State law.
‘‘(3) With respect to a State, the term ‘out-of-
State municipal waste’ means municipal waste gen-
erated outside of the State. To the extent that it is
consistent with the United States-Canada Free
Trade Agreement and the General Agreement on
Tariffs and Trade, the term shall include municipal
waste generated outside of the United States.
‘‘(4) The term ‘municipal waste’ means refuse
(and refuse-derived fuel) generated by the general
public or from a residential, commercial, institu-
tional, or industrial source (or any combination
thereof), consisting of paper, wood, yard wastes,
plastics, leather, rubber, or other combustible or
noncombustible materials such as metal or glass (or
any combination thereof). The term ‘municipal
waste’ does not include—
‘‘(A) any solid waste identified or listed as
a hazardous waste under section 3001;
‘‘(B) any solid waste, including contami-
nated soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9604 or 9606) or a corrective action taken
under this Act;
‘‘(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been sepa-
rated or diverted from municipal waste and has
been transported into the State for the purpose
of recycling or reclamation;
‘‘(D) any solid waste that is—
‘‘(i) generated by an industrial facil-
ity; and
‘‘(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator
of the waste, or is located on property
owned by the generator or a company with
which the generator is affiliated;
‘‘(E) any solid waste generated incident to
the provision of service in interstate, intrastate,
foreign, or overseas air transportation;
‘‘(F) any industrial waste that is not iden-
tical to municipal waste with respect to the
physical and chemical state of the industrial
waste, and composition, including construction
and demolition debris;
‘‘(G) any medical waste that is segregated
from or not mixed with municipal waste; or
‘‘(H) any material or product returned
from a dispenser or distributor to the manufac-
turer for credit, evaluation, or possible reuse.’’.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents of the Solid Waste Disposal Act
is amended by adding at the end of the items relating to
subtitle D the following new item:
‘‘Sec. 4011. Interstate transportation of municipal waste.’’.
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