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 IMPORTS.—
‘‘(1) AUTHORITY TO PROHIBIT.—(A) Except as
provided in subparagraph (B), a Governor may pro-
hibit the disposal of out-of-State municipal waste in
any landfill or incinerator that is subject to the ju-
risdiction of the Governor.
‘‘(B) The authority to prohibit disposal of out-
of-State municipal waste shall not apply to—
‘‘(i) landfills in operation on the date of
enactment of this section that—
‘‘(I) received during calendar year
1991 documented shipments of out-of-
State municipal waste; and
‘‘(II) are in compliance with all appli-
cable Federal and State laws (including
any Federal or State rule or regulation) re-
lating to design and location standards,
leachate collection, ground water monitor-
ing, and financial assurance for closure
and post-closure and corrective action;
‘‘(ii) proposed landfills that, prior to Janu-
ary 1, 1993, received—
‘‘(I) an approval from either the af-
fected local government or the local solid
waste planning unit to receive municipal
waste generated outside the jurisdiction of
the affected local government, the solid
waste planning unit, or the State in which
the landfill is located; and
‘‘(II) a notice of decision from the
State to grant a construction permit; or
‘‘(iii) incinerators in operation on the date
of enactment of this section that—
‘‘(I) received, during calendar year
1991, documented shipments of out-of-
State municipal waste;
‘‘(II) are in compliance with the appli-
cable requirements of section 129 of the
Clean Air Act (42 U.S.C. 7429); and
‘‘(III) are in compliance with all appli-
cable Federal and State laws (including
any Federal or State rule or regulation) re-
lating to facility design, operations, and
emissions.
‘‘(2) AUTHORITY
TO
LIMIT.—Beginning with
calendar year 1993, a Governor may—
‘‘(A) limit the quantity of out-of-State mu-
nicipal waste received for disposal at each land-
fill or incinerator in the State to an annual
quantity equal to the quantity of out-of-State
municipal waste received for disposal at the
landfill or incinerator during the calendar year
1991 or 1992, whichever is less; and
‘‘(B) limit the disposal of out-of-State mu-
nicipal waste at each landfill or incinerator in
the State that received, during calendar year
1991 or 1992, documented shipments of more
than 50,000 tons of out-of-State municipal
waste representing more than 30 percent of all
municipal waste received at the landfill or incin-
erator during the calendar year, by limiting the
quantity of out-of-State municipal waste re-
ceived for disposal at such landfill or inciner-
ator to an annual quantity not greater than 30
percent of all municipal waste received at the
landfill or incinerator during calendar year
1991 or 1992, whichever is less;
‘‘(C) prohibit the disposal of out-of-State
municipal waste in landfills that do not meet all
applicable Federal and State laws (including
any Federal or State rule or regulation) relat-
ing to design and location standards, leachate
collection, ground water monitoring, and finan-
cial assurance for closure and post-closure and
corrective action; and
‘‘(D) prohibit the disposal of out-of-State
municipal waste in incinerators that do not
meet all applicable Federal and State laws (in-
cluding any Federal or State rule or regulation)
relating to facility design, operations, and emis-
sions.
‘‘(3) AUTHORITY TO FURTHER LIMIT.—Begin-
ning with calendar year 1997, a Governor may fur-
ther limit the disposal of out-of-State municipal
waste as provided in paragraph (2)(B) by reducing
the 30 percent annual quantity limitation to 20 per-
cent in each of calendar years 1998 and 1999, and
to 10 percent in each succeeding calendar year.
‘‘(4) AUTHORITY
WITH
RESPECT
TO
INDUS-
TRIAL WASTE.—A Governor may exercise the au-
thority provided in paragraphs (1), (2), and (3) with
respect to any industrial waste that is to be disposed
of at a landfill or incinerator that receives municipal
solid waste.
‘‘(5) APPLICABILITY AND DISCRIMINATION PRO-
VISIONS.—Any limitation imposed by the Governor
under paragraph (2)(A), paragraph (2)(B), or para-
graph (3)—
‘‘(A) shall be applicable throughout the
State; and
‘‘(B) shall not discriminate against any
shipments of out-of-State municipal waste on
the basis of State of origin.
‘‘(6) DETERMINATION OF QUANTITY OF OUT-
OF-STATE MUNICIPAL WASTE RECEIVED IN STATES
EXERCISING
AUTHORITY.—(A) Any Governor who
intends to exercise the authority provided in this
subsection shall, within 120 days after the date of
enactment of this section, submit to the Adminis-
trator 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
pursuant to subparagraph (A), the Administrator
shall notify the Governor of each State and the pub-
lic and shall provide a comment period of not less
than 30 days.
‘‘(C) Not later than 180 days after the date of
enactment of this section, the Administrator shall
publish a list of the quantity of out-of-State munici-
pal waste that was received during calendar years
1991 and 1992, at each landfill and incinerator in
each State in which the Governor intends to exercise
the authority provided in this subsection.
‘‘(b) AUTHORITY TO RESTRICT IN-STATE MUNICI-
PAL WASTE EXPORTS.—(1) Except as provided in para-
graph (2), a Governor of a State may limit or prohibit
the exportation outside the State of municipal waste gen-
erated in the State, in accordance with the comprehensive
waste management plan of the affected local solid waste
planning unit, or, if such a plan does not exist, in accord-
ance with State law.
‘‘(2) A Governor may not limit or prohibit the expor-
tation of materials consisting solely of materials that have
been separated from municipal waste for recycling.
‘‘(c) DELEGATION OF AUTHORITY TO LOCAL GOV-
ERNMENTS.—A Governor may delegate authority provided
by subsection (a) or (b), or both, to an affected local gov-
ernment or to a local solid waste planning unit, if a local
solid waste planning unit exists under State law.
‘‘(d) DESIGNATION OF AFFECTED LOCAL GOVERN-
MENT.—Within 90 days after the date of the enactment
of this section, the Governor shall designate which entity
listed in subsection (e)(1) shall serve as the affected local
government for actions taken under subsections (a) and
(b). If the Governor fails to make a designation, the af-
fected local government for actions taken under this sec-
tion shall be the city, town, borough, county, parish, or
other political subdivision created pursuant to State law
with primary jurisdiction over the land or the use of the
land on which the landfill or incinerator concerned is lo-
cated.
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘affected local government’
means the elected officials of the city, town, bor-
ough, county, parish, or other political subdivision in
which a landfill or incinerator 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) The term ‘out-of-State municipal waste’
means, with respect to a State, municipal waste gen-
erated outside of the State. The term includes mu-
nicipal 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 does not in-
clude—
‘‘(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 (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 or industrial 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;
‘‘(E) any solid waste generated incident to
the provision of service in interstate, intrastate,
foreign, or overseas air transportation;
‘‘(F) any medical waste that is segregated
from or not mixed with municipal waste; or
‘‘(G) any material or product returned
from a dispenser or distributor to the manufac-
turer for credit, evaluation, or possible reuse.
‘‘(5) The term ‘industrial waste’ means waste
generated from manufacturing or industrial process-
ing operations that is not identical to municipal
waste with respect to the physical and chemical state
of the waste and the composition of the waste. The
term includes construction and demolition debris.’’.
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.’’.
Æ