‘‘(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 sub-
section (d), and no State law or regulation referred to in
subsection (e) shall be considered to impose an undue bur-
den on interstate commerce or to otherwise impair, restrain,
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 Governor
of the State in which the landfill or incinerator is located
information specifying the amount of out-of-State munici-
pal solid waste received for disposal during the preceding
year. Each year each such State shall publish and make
available 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.
‘‘(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 lo-
cated, 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 de-
scribed 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 proposed to be
located.
‘‘(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 affected local govern-
ment for purposes of providing authorization under
subsection (a) for municipal solid waste generated in
one of such counties and received for disposal or
incineration in another.
‘‘(2) HOST COMMUNITY AGREEMENT.—The term
‘host community agreement’ means a written, legally
binding agreement, lawfully entered into between an
owner or operator of a landfill or incinerator and an
affected local government that specifically authorizes
the landfill or incinerator to receive out-of-State
municipal solid waste.
‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu-
nicipal solid waste’ means all waste materials dis-
carded for disposal by households, including single
and multifamily residences, and hotels and motels.
The term also includes waste materials generated by
commercial, institutional, and industrial sources, to
the extent such wastes are essentially the same as
waste normally generated by households or were col-
lected and disposed of with other municipal solid
waste as part of normal municipal solid waste collec-
tion services, and regardless of when generated, would
be considered conditionally exempt small quantity
generator waste under section 3001(d). Examples of
municipal solid waste include food and yard waste,
paper, clothing, appliances, consumer product pack-
aging, disposable diapers, office supplies, cosmetics,
glass and metal food containers, elementary or sec-
ondary school science laboratory waste, and household
hazardous waste. Such term shall include debris re-
sulting from construction, remodeling, repair, or dem-
olition of structures other than debris that is not oth-
erwise commingled with other municipal solid waste
and has been determined by the generator, to be con-
taminated. For purposes of determining whether any
such debris is contaminated, the generator shall con-
duct representative sampling and analysis of such de-
bris, the results of which shall be submitted to the af-
fected local government for record keeping purposes
only, unless not required by the affected local govern-
ment. 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 sub-
title. 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 sec-
tion 104 or 106 of the Comprehensive Envi-
ronmental Response, Compensation, and Li-
ability 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 destined for
disposal.
‘‘(D) Materials and products returned from
a dispenser or distributor to the manufacturer or
an agent of the manufacturer for credit, evalua-
tion, 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 sewage
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 resource
recovery facilities or municipal incinerators, or
waste from manufacturing or processing (includ-
ing pollution control) operations not essentially
the same as waste normally generated by house-
holds.
‘‘(4) OUT-OF-STATE MUNICIPAL SOLID WASTE.—
The term ‘out-of-State municipal solid waste’, means,
with respect to any State, municipal solid waste gen-
erated outside of the State. The term includes munici-
pal solid waste generated outside of the United States.
‘‘(5) SPECIFIC
AUTHORIZATION.—For purposes
of this section, the term ‘specifically authorizes’ refers
to an explicit authorization, contained in a host com-
munity agreement or permit, to import waste from
outside the State. Such authorization may include 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’, reference 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 ap-
proval 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 include
general references to the receipt of waste outside the
jurisdiction of the affected local government.
‘‘(i) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—A State may impose and col-
lect 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 beginning
on the date of the enactment of this section and end-
ing 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:
that the cost recovery surcharge satisfies the condi-
tions 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 sec-
tion 4010 the following new item:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.
HR 4779 RH——2