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,
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
‘‘(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
landfill or incinerator acting pursuant to a host 
community agreement entered into prior to 
January 4, 2005, 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.—
‘‘(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