lished in the comprehensive solid waste management plan
adopted by the affected local government pursuant to
State law. No comprehensive solid waste management plan
may expressly prohibit the importation of municipal solid
waste from out of State.
‘‘(e) IMPLEMENTATION AND ENFORCEMENT.—Any
State may adopt such laws and regulations, not inconsist-
ent with this section, as are necessary to implement and
enforce this section, including provisions for penalties.
‘‘(f) EFFECT
ON
INTERSTATE
COMMERCE.—No
State limitation established as provided in subsection (c),
no State planning and permitting process referred to in
subsection (d), and no State law or regulation referred to
in subsection (e) shall be considered to impose an undue
burden on interstate commerce or to otherwise impair, re-
strain, or discriminate against interstate commerce.
‘‘(g) 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. Each year each such State shall publish and
make available to the public, a report containing informa-
tion on the amount of out-of-State municipal solid waste
received for disposal in the State during the preceding
year.
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—(A)
For any landfill or incinerator, the term ‘affected
local government’ shall mean—
‘‘(i) 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 the
landfill or incinerator is located or proposed to
be located, or
‘‘(ii) if there is no such body created by
State law, the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility for the use of land on
which the facility is located or proposed to be
located,
except that for purposes of host community agree-
ments entered into before the date of enactment of
this section, the term shall mean either the public
body described in subparagraph (A) or the elected
officials of the city, town, township, borough, county,
or parish exercising primary responsibility for the
use of land on which the facility is located or pro-
posed to be located. No host community agreement
that is entered into by the elected officials described
in clause (ii) may be overturned by an act of a pub-
lic body described in clause (i) if such body is cre-
ated by State law after the execution of such host
community agreement.
‘‘(B) Two or more Governors of adjoining
States may use the authority provided in section
1005(b) to enter into an agreement under which
contiguous units of local government located in each
of the adjoining States may act jointly as the af-
fected local government for purposes of providing
authorization under subsection (a) for municipal
solid waste generated in one of such counties and re-
ceived for disposal or incineration in another.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding agreement, lawfully entered into be-
tween an owner or operator of a landfill or inciner-
ator and an affected local government that specifi-
cally authorizes the landfill or incinerator to receive
out-of-State municipal solid waste.
‘‘(3) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
discarded for disposal by households, including sin-
gle and multifamily residences, and hotels and mo-
tels. The term also includes waste materials gen-
erated by commercial, institutional, and industrial
sources, to the extent such wastes are essentially the
same as waste normally generated by households or
were collected and disposed of with other municipal
solid waste as part of normal municipal solid waste
collection services, and regardless of when generated,
would be considered conditionally exempt small
quantity generator waste under section 3001(d). Ex-
amples of municipal solid waste include food and
yard waste, paper, clothing, appliances, consumer
product packaging, disposable diapers, office sup-
plies, cosmetics, glass and metal food containers, ele-
mentary or secondary school science laboratory
waste, and household hazardous waste. Such term
shall include debris resulting from construction, re-
modeling, repair, or demolition of structures other
than debris that is not otherwise commingled with
other municipal solid waste and has been determined
by the generator, to be contaminated. For purposes
of determining whether any such debris is contami-
nated, the generator shall conduct representative
sampling and analysis of such debris, the results of
which shall be submitted to the affected local gov-
ernment for record keeping purposes only, unless not
required by the affected local government. Any such
debris that has been determined to be contaminated
shall be disposed of in a landfill that meets, at a
minimum, the requirements of this subtitle. The
term does not include any of the following:
‘‘(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—
‘‘(i) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606),
‘‘(ii) a response action taken under a
State law with authorities comparable to
the authorities of section 104 or 106, or
‘‘(iii) a corrective action taken under
this Act.
‘‘(C) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste des-
tined for disposal.
‘‘(D) Materials and products returned
from a dispenser or distributor to the manufac-
turer or an agent of the manufacturer for cred-
it, evaluation, and possible reuse.
‘‘(E) 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 of a company with
which the generator is affiliated.
‘‘(F) Any medical waste that is segregated
from or not mixed with solid waste.
‘‘(G) Sewage sludge and residuals from
any sewage treatment plant, including any sew-
age treatment plant required to be constructed
in the State of Massachusetts pursuant to any
court order issued against the Massachusetts
Water Resources Authority.
‘‘(H) Combustion ash generated by re-
source recovery facilities or municipal inciner-
ators, or waste from manufacturing or process-
ing (including pollution control) operations not
essentially the same as waste normally gen-
erated by households.
‘‘(4) 
OUT-OF-STATE
MUNICIPAL
SOLID
WASTE.—The term ‘out-of-State municipal solid
waste’, means, with respect to any State, municipal
solid waste generated outside of the State. The term
includes municipal solid waste generated outside of
the United States.
‘‘(5) SPECIFIC AUTHORIZATION.—For purposes
of this section, the term ‘specifically authorizes’ re-
fers to an explicit authorization, contained in a host
community agreement or permit, to import waste
from outside the State. Such authorization may in-
clude a reference to a fixed radius surrounding the
landfill or incinerator which includes an area outside
the State or a reference to ‘any place of origin’, ref-
erence to specific places outside the State, or use of
such phrases as ‘regardless of origin’ or ‘outside the
State’. The language for such authorization may
vary as long as it clearly and affirmatively states the
approval or consent of the affected local government
or State for receipt of municipal solid waste from
sources or locations outside the State from which the
owner or operator of a landfill or incinerator pro-
poses to import it. The authorization shall not in-
clude general references to the receipt of waste out-
side the jurisdiction of the affected local government.
‘‘(i) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—A State may impose and
collect a cost recovery surcharge on the combustion
or disposal in a landfill or incinerator of out-of-State
municipal solid waste in such State.
‘‘(2) LIMITATION.—During the period begin-
ning on the date of the enactment of this section
and ending on December 31, 1996, a State may not
impose or collect a cost recovery surcharge from a
facility on any out-of-State municipal solid waste
that meets both of the following conditions:
‘‘(A) The waste is being received at the fa-
cility under one or more contracts entered into
before the date of the enactment of this section.
‘‘(B) The amount of waste being received
in a calendar year under the contract or con-
tracts does not exceed the amount of waste re-
ceived at the facility during calendar year 1993.
‘‘(3) AMOUNT OF SURCHARGE.—The amount of
the cost recovery surcharge may be no greater than
the amount necessary to recover those costs deter-
mined in conformance with paragraph (5) and in no
event may exceed $2 per ton of waste.
‘‘(4) 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-
divisions that incur costs for which the surcharge is
collected.
‘‘(5) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State may impose and collect
a cost recovery surcharge on the combustion or dis-
posal within the State of out-of-State municipal solid
waste if—
‘‘(i) the State demonstrates a cost to the
State arising from the 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
to the State demonstrated under subparagraph
(A) that, if not paid for through the surcharge,
would otherwise have to be paid or subsidized
by the State; and
‘‘(iii) the surcharge is compensatory and is
not discriminatory.
‘‘(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 recovered by
any other fee or tax assessed against the generation,
transportation, treatment, combustion, or disposal of
solid waste.
‘‘(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).
‘‘(6) BURDEN OF PROOF.—In any proceeding in
which a State invokes this subsection to justify a
cost recovery surcharge on the combustion or dis-
posal within the State of out-of-State municipal solid
waste, the State shall bear the burden of establish-
ing that the cost recovery surcharge satisfies the
conditions set forth in paragraph (5).’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the Solid Waste Disposal Act (42 U.S.C.
prec. 6901) is amended by adding after the item relating
to section 4010 the following new item:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.
Passed the House of Representatives September 28,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 4779 PCS——2
HR 4779 PCS——3