I
105TH CONGRESS
1ST SESSION
H. R. 1358
To amend the Solid Waste Disposal Act to permit a Governor to limit
the disposal of out-of-State solid waste in the Governor’s State, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 1997
Mr. BUYER (for himself, Mr. HAMILTON, Mr. MCINTOSH, Ms. CARSON, Mr.
PEASE, Mr. BURTON of Indiana, Mr. ROEMER, Mr. HOSTETTLER, Mr.
SOUDER, and Mr. VISCLOSKY) introduced the following bill; which was
referred to the Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to permit a Governor
to limit the disposal of out-of-State solid waste in the
Governor’s State, 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 ‘‘Interstate Transpor-
tation of Municipal Solid Waste Act of 1997’’.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL
SOLID 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:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL
SOLID WASTE.
‘‘(a) DEFINITIONS.—In 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
landfill or incinerator is located or proposed to
be located; or
‘‘(B) if there is not such a body created by
State law, the elected officials of the city, town,
township, borough, county, or parish selected by
the Governor and exercising primary respon-
sibility over municipal solid waste management
or the use of land in the jurisdiction in which
a landfill or incinerator is located or proposed
to be located.
‘‘(2) DOCUMENTED
SHIPMENTS.—The term
‘documented shipment’ means a shipment of out-of-
State waste received by a landfill or incinerator that
is documented—
‘‘(A) to provide information on the quan-
tity of waste received, the place of origin, the
State in which the generator is located, and the
type of waste; and
‘‘(B) to facilitate criminal prosecution
under State law if the documentation includes
false or misleading information.
‘‘(3) HOST COMMUNITY AGREEMENT.—
‘‘(A) IN GENERAL.—The term ‘host com-
munity agreement’ means a written, legally
binding agreement, lawfully entered into be-
tween an owner or operator of a landfill or in-
cinerator and an affected local government that
specifically authorizes the landfill or incinerator
to receive out-of-State municipal solid waste.
‘‘(B) 
HOST
COMMUNITY
AGREEMENT
FEES.—The term ‘host community agreement’
does not include an agreement to pay host com-
munity agreement fees for receipt of waste un-
less a specific authorization to receive out-of-
State municipal solid waste is included in the
agreement.
‘‘(4) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’—
‘‘(A) means—
‘‘(i) any waste material discarded for
disposal by a household, including a single
or multifamily residence, a hotel, or a
motel; and
‘‘(ii) any waste material generated by
a commercial, institutional, or industrial
source that—
‘‘(I)(aa) is essentially the same
as waste normally generated by house-
holds; or
‘‘(bb) is collected and disposed of
with other municipal solid waste as
part of normal municipal solid waste
collection services; and
‘‘(II) 
is 
conditionally 
exempt
small quantity generator waste under
section 3001(d); but
‘‘(B) does not include—
‘‘(i) any solid waste identified or listed
as a hazardous waste under section 3001;
‘‘(ii) any solid waste, including con-
taminated soil and debris, resulting from—
‘‘(I) a response action taken
under section 104 or 106 of the Com-
prehensive Environmental Response,
Compensation, and Liability Act (42
U.S.C. 9604, 9606); or
‘‘(II) a corrective action taken
under this Act;
‘‘(iii) any metal, pipe, glass, plastic,
paper, textile, or other material that has
been separated or diverted from municipal
solid waste and has been transported into
the State for the purpose of recycling or
reclamation;
‘‘(iv) any solid waste that is—
‘‘(I) generated by an industrial
facility; 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 lo-
cated on property owned by the gener-
ator or a company with which the
generator is affiliated;
‘‘(v) any solid waste generated inci-
dent to the provision of service in inter-