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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Solid Waste Interstate 
Transportation Act of 2009’’. 
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF 
MUNICIPAL SOLID WASTE. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
after section 4010 the following new section: 
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‘‘SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MU-
NICIPAL SOLID WASTE. 
‘‘(a) PRESUMPTIVE BAN ON RECEIPT OF OUT-OF- 
STATE WASTE.—No landfill or incinerator may receive 
any out-of-State municipal solid waste for disposal or in-
cineration unless the waste is received pursuant to— 
‘‘(1) a host community agreement in accordance 
with subsection (b) or (c); or 
‘‘(2) an exemption under subsection (d). 
‘‘(b) EXISTING HOST COMMUNITY AGREEMENTS.— 
Except as provided in subsection (e), (f), or (g), out-of- 
State municipal solid waste may be received at a landfill 
or incinerator for disposal or incineration pursuant to a 
host community agreement entered into before the enact-
ment of this section if— 
‘‘(1) the agreement specifically authorizes the 
owner or operator to accept, at the landfill or incin-
erator, out-of-State municipal solid waste; and 
‘‘(2) the owner or operator complies with all of 
the terms and conditions of the host community 
agreement. 
The owner or operator shall provide a copy of the host 
community agreement, within 90 days after the enactment 
of this section, to the State and affected local government 
and make such a copy available for inspection by the pub-
lic in the affected local community. 
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‘‘(c) NEW HOST COMMUNITY AGREEMENTS.— 
‘‘(1) EXEMPTION FROM BAN.—Except as pro-
vided in subsection (e), out-of-State municipal solid 
waste may be received at a landfill or incinerator for 
disposal or incineration pursuant to a host commu-
nity agreement entered into or amended on or after 
the enactment of this section (in this section re-
ferred to as a ‘new host community agreement’) if 
the agreement specifically authorizes the receipt of 
such waste and meets the requirements of para-
graphs (2) through (6) of this subsection. 
‘‘(2) REQUIREMENTS
FOR
AUTHORIZATION.— 
An authorization to receive out-of-State municipal 
solid waste pursuant to a new host community 
agreement shall be granted by formal action at a 
meeting; be recorded in writing in the official record 
of the meeting; and remain in effect according to its 
terms. Such authorization shall specify terms and 
conditions, including an amount of out-of-State mu-
nicipal solid waste that an owner or operator may 
receive and the duration of the authorization. 
‘‘(3) INFORMATION.—Prior to seeking an au-
thorization to receive out-of-State municipal solid 
waste pursuant to a new host community agreement 
under this subsection, the owner or operator of the 
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facility seeking such authorization shall provide (and 
make readily available to the State, each contiguous 
local government and Indian tribe, and any other in-
terested person for inspection and copying) each of 
the following items of information: 
‘‘(A) A brief description of the facility, in-
cluding, with respect to both the facility and 
any planned expansion of the facility, the size, 
the ultimate waste capacity, and the anticipated 
monthly and yearly quantities of waste to be 
handled. Such quantities shall be expressed in 
terms of volume. 
‘‘(B) A map of the facility site indicating 
location in relation to the local road system and 
topography and general hydrogeological fea-
tures. The map shall indicate any buffer zones 
to be acquired by the owner or operator as well 
as all facility units. 
‘‘(C) A description of the then current en-
vironmental characteristics of the site, a de-
scription of ground water use in the area, and 
a discussion of alterations that may be neces-
sitated by, or occur as a result of, the facility. 
The description of groundwater use shall in-
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clude identification of private wells and public 
drinking water sources. 
‘‘(D) A description of environmental con-
trols typically required to be used on the site 
(pursuant to permit requirements), including 
run on or run off management, or both, air pol-
lution control devices, source separation proce-
dures (if any), methane monitoring and control, 
landfill covers, liners or leachate collection sys-
tems, and monitoring programs. In addition, 
the description shall include a description of 
any waste residuals generated by the facility, 
including leachate or ash, and the planned man-
agement of the residuals. 
‘‘(E) A description of site access controls 
to be employed, and roadway improvements to 
be made, by the owner or operator, and an esti-
mate of the timing and extent of increased local 
truck traffic. 
‘‘(F) A list of all required Federal, State, 
and local permits. 
‘‘(G) Estimates of the personnel require-
ments of the facility, including information re-
garding the probable skill and education levels 
required for jobs at the facility. To the extent 
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practicable, the information shall distinguish 
between employment statistics for preopera-
tional and postoperational levels. 
‘‘(H) Any information that is required by 
State or Federal law to be provided with re-
spect to any violations of environmental laws 
(including regulations) by the owner, the oper-
ator, and any subsidiary of the owner or oper-
ator, the disposition of enforcement proceedings 
taken with respect to the violations, and correc-
tive action and rehabilitation measures taken as 
a result of the proceedings. 
‘‘(I) Any information that is required by 
State or Federal law to be provided with re-
spect to gifts and contributions made by the 
owner or operator. 
‘‘(J) Any information that is required by 
State or Federal law to be provided with re-
spect to compliance by the owner or operator 
with the State solid waste management plan. 
‘‘(4) PRIOR
NOTIFICATION.—Prior to taking 
formal action with respect to granting authorization 
to receive out-of-State municipal solid waste pursu-
ant to a new host community agreement under this 
subsection, an affected local government shall— 
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‘‘(A) notify the State, contiguous local gov-
ernments, and any contiguous Indian tribes; 
‘‘(B) publish notice of the action in a 
newspaper of general circulation in the affected 
area at least 15 days before holding a hearing 
under subparagraph (C), except where State 
law provides for an alternate form of public no-
tification; 
‘‘(C) provide an opportunity for public 
comment, including at least 1 public hearing; 
and 
‘‘(D) make publicly available the entire 
text of the new host community agreement. 
‘‘(5) SUBSEQUENT
NOTIFICATION.—Promptly, 
but not later than 90 days after an authorization is 
granted pursuant to a new host community agree-
ment under this subsection, the affected local gov-
ernment shall notify the Governor, contiguous local 
governments, and any contiguous Indian tribes of 
such authorization. 
‘‘(6) PUBLIC AVAILABILITY.—The owner or op-
erator of a facility authorized to receive out-of-State 
municipal solid waste pursuant to a new host com-
munity agreement under this subsection shall ensure 
that copies of the entire text of such agreement are 
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readily available to the public and are provided with-
in 5 days after a request from any person. Such 
owner or operator may recover reasonable costs of 
providing each copy. 
‘‘(7) AUTHORITY.— 
‘‘(A) IN GENERAL.—A State may enact a 
law or laws with respect to the entry, by an af-
fected local government in the State, into a host 
community agreement, as it relates to the inter-
state transportation of solid waste. 
‘‘(B) NO DISCRIMINATION.—In enacting a 
law or laws pursuant to subparagraph (A), a 
State shall act in a consistent manner that does 
not discriminate against the receipt of out-of- 
State municipal solid waste on the basis of 
State of origin. 
‘‘(d) EXEMPTION
FOR WASTE NOT SUBJECT
TO 
HOST COMMUNITY AGREEMENTS.— 
‘‘(1) EXEMPTION FROM BAN.—Except as pro-
vided in subsection (e), out-of-State municipal solid 
waste received at a landfill or incinerator shall be ex-
empt from the presumptive ban contained in sub-
section (a) if the owner or operator of the landfill or 
incinerator provides to the State in which the landfill 
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or incinerator is located and to the affected local 
government either of the following: 
‘‘(A) PERMIT.—Information establishing 
that, before the enactment of this section, the 
owner or operator of the landfill or incinerator 
has received a State permit that specifically au-
thorizes the owner or operator to accept, at the 
landfill or incinerator, such out-of-State munic-
ipal solid waste. This subparagraph shall be ef-
fective only if the owner or operator complies 
with all of the terms and conditions of the per-
mit after the date of enactment of this section 
and notifies the affected local government of 
the permit as soon as practicable but not later 
than 90 days after the date of enactment of 
this section. 
‘‘(B) 
CONTRACT.—Information 
estab-
lishing that the owner or operator of the landfill 
or incinerator has entered into a binding con-
tract before January 1, 2009, that commits to 
the delivery to and receipt at the landfill or in-
cinerator of a specific quantity of out-of-State 
municipal solid waste and that the owner or op-
erator of the landfill or incinerator has per-
mitted capacity actually available on the date of 
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enactment of this section for receipt of the spe-
cific quantity of out-of-State municipal solid 
waste committed to in the contract. This sub-
paragraph shall be effective only for the longer 
of— 
‘‘(i) the life of the contract (not in-
cluding any renewal, novation, or extension 
thereof); or 
‘‘(ii) a period of 3 years after the date 
of enactment of this section, 
and only with respect to the amount of the obli-
gation in the contract. 
‘‘(2) AVAILABILITY OF DOCUMENTATION.—The 
owner or operator of a landfill or incinerator receiv-
ing out-of-State municipal solid waste pursuant to 
an exemption under paragraph (1) shall make avail-
able for inspection by the public in the affected local 
community a copy of the permit or contract referred 
to in paragraph (1). The owner or operator may 
omit any proprietary information contained in con-
tracts. 
‘‘(3) DENIED OR REVOKED PERMITS.—A land-
fill or incinerator may not receive for disposal or in-
cineration out-of-State municipal solid waste pursu-
ant to an exemption under paragraph (1) if the op-
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erating permit for the landfill or incinerator (or re-
newal thereof) was denied or revoked by the appro-
priate State agency before the date of enactment of 
this section, unless such permit or license (or re-
newal) has been reinstated as of such date of enact-
ment. 
‘‘(e) REQUIRED COMPLIANCE.—Exemptions under 
subsections (b), (c), and (d) shall not apply to a landfill 
or incinerator during any period with respect to which the 
State in which the facility is located has administratively 
determined that the facility is not in compliance with ap-
plicable Federal, State, or local laws and regulations relat-
ing to— 
‘‘(1) facility operation, design, and construction; 
‘‘(2) in the case of landfills, facility location 
standards, leachate collection standards, ground-
water monitoring standards, runoff controls, emis-
sion controls, landfill cover and dust suppression re-
quirements, environmental controls, and standards 
for financial assurance and for closure and 
postclosure and corrective action; and 
‘‘(3) the applicable requirements of the Clean 
Air Act and this Act. 
‘‘(f) AUTHORITY OF STATE TO RESTRICT OUT-OF- 
STATE MUNICIPAL SOLID WASTE.— 
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‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE-
CEIVED.— 
‘‘(A) LIMIT FOR ALL FACILITIES IN THE 
STATE.—A State may limit the amount of out- 
of-State municipal solid waste received annually 
at each landfill or incinerator in the State to 
the limitation amount described in paragraph 
(2), except as provided in this subsection. No 
such limit may conflict— 
‘‘(i) with provisions of a permit spe-
cifically authorizing the owner or operator 
to accept, at the facility, out-of-State mu-
nicipal solid waste; or 
‘‘(ii) with a host community agree-
ment entered into between the owner or 
operator of any such landfill or incinerator 
and the affected local government that, be-
fore January 1, 2009, specifically author-
izes the landfill or incinerator to receive 
out-of-State municipal solid waste. 
‘‘(B) CONFLICT.—If a facility received less 
than 100,000 tons of out-of-State municipal 
solid waste during the previous year, a limit re-
ferred to in subparagraph (A) shall be treated 
as conflicting with— 
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the owner or operator to accept, at the facility, 
out-of-State municipal solid waste. 
‘‘(D) EFFECT ON OTHER LAWS.—Nothing 
in this subsection shall be interpreted or con-
strued to supersede any State law relating to 
contracts. 
‘‘(2) LIMITATION AMOUNT.—For any landfill or 
incinerator that commenced receiving documented 
out-of-State municipal solid waste before the date of 
enactment of this section, the limitation amount re-
ferred to in paragraph (1) for any year shall be 
equal to the amount of out-of-State municipal solid 
waste received at the landfill or incinerator con-
cerned during calendar year 1993, or, in the case of 
a State which did not require documentation of the 
sort required by this paragraph to be kept for cal-
endar year 1993, the first subsequent calendar year 
for which the State required such documentation. 
The documentation referred to in this paragraph 
shall be such as would result in civil or criminal pen-
alties under State law in case of false or misleading 
information. Such documentation shall include the 
amount of waste received in 1993, or such other 
baseline year as is provided for in this paragraph, 
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and may include place of origin, identity of the gen-
erator, date of shipment, and type of waste. 
‘‘(3) NO
DISCRIMINATION.—In establishing a 
limitation under this subsection, a State shall act in 
a consistent manner that does not discriminate 
against any shipments of out-of-State municipal 
solid waste on the basis of State of origin. 
‘‘(g) 
LIMITATIONS
ON
PROSPECTIVE
WASTE 
FLOWS.— 
‘‘(1) STATE AUTHORITY TO DENY PERMITS.—A 
State may provide by law that the State will deny 
or refuse to renew, and a State that does not pro-
vide for renewal of permits may provide by law that 
the State will, upon State review of the permit or 
application for amendment to the permit, revoke all 
or part of or refuse to amend, a permit for the con-
struction, expansion, increase in capacity, transfer of 
ownership, or operation of a landfill or incinerator, 
or for a major modification to an existing landfill or 
incinerator, if— 
‘‘(A) the State has approved a State or 
local comprehensive municipal solid waste man-
agement plan developed under Federal or State 
law; and 
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‘‘(B) the denial, refusal to renew or 
amend, or revocation is based on a determina-
tion, pursuant to a State law authorizing the 
denial, refusal to renew or amend, or revoca-
tion, that there is not a local or regional need 
for the landfill or incinerator in the State. 
‘‘(2) PERCENTAGE LIMIT.— 
‘‘(A) IN GENERAL.—A State may provide 
by law that a State permit issued or renewed 
after the date of enactment of this section, and, 
in the case of a State that does not provide for 
renewal of permits, a State permit amended or 
reviewed by the State, for the construction, ex-
pansion, increase in capacity, transfer of owner-
ship, or operation of a municipal solid waste 
landfill or incinerator shall include a require-
ment that not more than a specified percentage 
of the total amount of municipal solid waste re-
ceived annually at the landfill or incinerator 
may be out-of-State municipal solid waste. A 
percentage limitation established by a State 
under this subparagraph shall not be less than 
20 percent. 
‘‘(B) HOST
COMMUNITY
AGREEMENT.— 
Notwithstanding subparagraphs (A) and (C), a 
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landfill or incinerator acting pursuant to a host 
community agreement entered into prior to 
January 1, 2009, that specifically authorizes 
the landfill or incinerator to receive a specific 
quantity of out-of-State municipal solid waste 
annually may receive the specific quantity au-
thorized under the host community agreement, 
but only to the extent that the landfill or incin-
erator, at the time the host community agree-
ment was entered into, had specifically per-
mitted capacity to receive the solid waste au-
thorized by the host community agreement. 
‘‘(C) 
NONDISCRIMINATION.—An 
annual 
percentage limitation referred to in subpara-
graph (A)— 
‘‘(i) shall be uniform for all municipal 
solid waste landfills and incinerators in the 
State; and 
‘‘(ii) may not discriminate against 
out-of-State municipal solid waste accord-
ing to the State of origin. 
‘‘(h) AUTHORITY OF STATE TO RESTRICT OUT-OF- 
STATE MUNICIPAL SOLID WASTE BASED ON RECYCLING 
PROGRAMS.— 
‘‘(1) AUTHORITY.— 
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‘‘(A) LIMITATION.—A State may limit the 
amount of out-of-State municipal solid waste 
received annually at each landfill or incinerator 
in the State to the amount of out-of-State mu-
nicipal solid waste received at the landfill or in-
cinerator concerned during calendar year 1995 
if the State has enacted a comprehensive, state-
wide recycling program. No such limit may con-
flict— 
‘‘(i) with provisions of a permit spe-
cifically authorizing the owner or operator 
to accept, at the facility, out-of-State mu-
nicipal solid waste; or 
‘‘(ii) with a host community agree-
ment entered into between the owner or 
operator of any such landfill or incinerator 
and the affected local government. 
‘‘(B) CONFLICT.—A limit referred to in 
subparagraph (A) shall be treated as conflicting 
with— 
‘‘(i) a permit if the permit establishes 
a higher limit or does not establish any 
limit on the amount of out-of-State munic-
ipal solid waste which may be received an-
nually at the facility; and 
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‘‘(ii) a host community agreement if 
the host community agreement establishes 
a higher limit or does not establish any 
limit on the amount of out-of-State munic-
ipal solid waste which may be received an-
nually at the facility, but only to the extent 
that the landfill or incinerator, at the time 
the host community agreement was entered 
into, had specifically permitted capacity to 
receive the solid waste authorized by the 
host community agreement. 
‘‘(2) NO
DISCRIMINATION.—In establishing a 
limitation under this subsection, a State shall act in 
a consistent manner that does not discriminate 
against any shipments of out-of-State municipal 
solid waste on the basis of State of origin. 
‘‘(3) EFFECT
ON
OTHER
LAWS.—Nothing in 
this subsection shall be interpreted or construed to 
supersede any State law relating to contracts. 
‘‘(4) DEFINITION.—As used in this subsection, 
the term ‘comprehensive, statewide recycling pro-
gram’ means a law of statewide applicability that re-
quires the generators of municipal solid waste to 
separate all of the following materials for recycling 
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as a condition of disposing of the waste at landfills 
or incinerators in the State: 
‘‘(A) Aluminum containers. 
‘‘(B) Corrugated paper or other container 
board. 
‘‘(C) Glass containers. 
‘‘(D) Magazines or other material printed 
on similar paper. 
‘‘(E) Newspapers or other material printed 
on newsprint. 
‘‘(F) Office paper. 
‘‘(G) Plastic containers. 
‘‘(H) Steel containers. 
‘‘(I) Containers for carbonated or malt 
beverages that are primarily made of a com-
bination of steel and aluminum. 
‘‘(i) COST RECOVERY SURCHARGE.— 
‘‘(1) AUTHORITY.—A State may impose and 
collect a cost recovery charge on the processing, 
combustion, or disposal in a landfill or incinerator of 
out-of-State municipal solid waste in the State in ac-
cordance with this subsection. 
‘‘(2) AMOUNT OF SURCHARGE.—The amount of 
the cost recovery surcharge may be no greater than 
the amount necessary to recover those costs deter-
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mined in conformance with paragraph (4) and in no 
event may exceed $3.00 per ton of waste. 
‘‘(3) USE
OF
SURCHARGE
COLLECTED.—All 
cost recovery surcharges collected by a State shall be 
used to fund those solid waste management pro-
grams administered by the State or its political sub-
division that incur costs for which the surcharge is 
collected. 
‘‘(4) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State may impose and collect 
a cost recovery surcharge on the processing, combus-
tion, or disposal within the State of out-of-State mu-
nicipal solid waste if— 
‘‘(i) the State demonstrates a cost to the 
State or its political subdivisions arising from 
the processing, combustion, or disposal within 
the State of a volume of municipal solid waste 
from a source outside the State; 
‘‘(ii) the surcharge is based on those costs 
demonstrated under clause (i) that, if not paid 
for through the surcharge, would otherwise 
have to be paid or subsidized by the State or 
its political subdivisions; and 
‘‘(iii) the surcharge is compensatory and is 
not discriminatory. 
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‘‘(B) In no event shall a cost recovery surcharge 
be imposed by a State to the extent that the cost for 
which recovery is sought is otherwise paid, recov-
ered, or offset by any other fee or tax paid to the 
State or its political subdivision in connection with 
the generation, transportation, treatment, proc-
essing, combustion, or disposal of solid waste. Any 
provision in a host community agreement that places 
responsibility for payment or reimbursement for fees 
under this subsection on the host community is here-
by declared null and void. 
‘‘(C) The grant of a subsidy by a State with re-
spect to entities disposing of waste generated within 
the State does not constitute discrimination for pur-
poses of subparagraph (A)(iii). 
‘‘(5) DEFINITIONS.—As used in this subsection: 
‘‘(A) The term ‘costs’ means the costs in-
curred by the State for the implementation of 
its laws governing the processing, combustion, 
or disposal of municipal solid waste, limited to 
the issuance of new permits and renewal of or 
modification of permits, inspection and compli-
ance monitoring, enforcement, and costs associ-
ated with technical assistance, data manage-
ment, and collection of fees. 
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‘‘(B) The term ‘processing’ means any ac-
tivity to reduce the volume of solid waste or 
alter its chemical, biological or physical state, 
through processes such as thermal treatment, 
bailing, composting, crushing, shredding, sepa-
ration, or compaction. 
‘‘(j) INSPECTIONS.—A State may require that a 
State-employed or authorized inspector be onsite during 
any or all hours of operation at any facility that receives 
out-of-State municipal solid waste. Such inspectors shall 
be authorized to ensure the enforcement of Federal, State, 
and local laws and regulations relating to the receipt of 
out-of-State municipal solid waste, and to ensure that out- 
of-State municipal solid waste received at a transfer facil-
ity or other interim holding facility remains identifiable 
as out-of-State municipal solid waste when transferred to 
a landfill or incinerator. The State may require reimburse-
ment from the facility for reasonable costs of providing 
such inspectors. 
‘‘(k) IMPLEMENTATION AND ENFORCEMENT.—Any 
State may adopt such laws and regulations, not incon-
sistent with this section, as are necessary to implement 
and enforce this section, including provisions for penalties. 
‘‘(l) EFFECT ON INTERSTATE COMMERCE.—No State 
or local government action taken as authorized by this sec-
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tion, including the establishment of a limit pursuant to 
subsection (f) or the enactment or execution of a law or 
regulation described in subsection (c)(7), (g), (h), (i), or 
(k), shall be considered to impose an undue burden on 
interstate commerce or to otherwise impair, restrain, or 
discriminate against interstate commerce. 
‘‘(m) ANNUAL STATE REPORT.—Each year the 
owner or operator of each landfill or incinerator receiving 
out-of-State municipal solid waste shall submit to the Gov-
ernor of the State in which the landfill or incinerator is 
located information specifying the amount of out-of-State 
municipal solid waste received for disposal during the pre-
ceding year, its place of origin, the identity of the gener-
ator, the date of shipments, and the type of waste received. 
Each year each such State shall publish and make avail-
able to the public a report containing information on the 
amount of out-of-State municipal solid waste received for 
disposal in the State during the preceding year. 
‘‘(n) DEFINITIONS.—For purposes of this section: 
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—The 
term ‘affected local government’ means— 
‘‘(A) the public body authorized by State 
law to plan for the management of municipal 
solid waste, a majority of the members of which 
are elected officials, for the area in which a 
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