103D CONGRESS
2D SESSION
H. R. 4779
AN ACT
To amend the Solid Waste Disposal Act to authorize local
governments and Governors to restrict receipt of out-
of-State municipal solid waste, 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 ‘‘State and Local Gov-
ernment Interstate Waste Control Act of 1994’’.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding
after section 4010 the following new section:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE
WASTE.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION.—A landfill or incin-
erator in a State may not receive for disposal
or incineration any out-of-State municipal solid
waste unless the owner or operator of such
landfill or incinerator obtains explicit authoriza-
tion (as part of a host community agreement)
from the affected local government to receive
the waste.
‘‘(B) REQUIREMENTS
FOR
AUTHORIZA-
TION.—An authorization granted pursuant to
subparagraph (A) shall—
‘‘(i) be granted by formal action at a
meeting;
‘‘(ii) be recorded in writing in the offi-
cial record of the meeting; and
‘‘(iii) remain in effect according to its
terms.
‘‘(C) DISCRETIONARY TERMS AND CONDI-
TIONS.—An authorization granted pursuant to
subparagraph (A) may specify terms and condi-
tions, including an amount of out-of-State
map shall indicate any buffer zones to be ac-
quired by the owner or operator as well as all
facility units.
‘‘(C) A description of the then current en-
vironmental characteristics of the site, a de-
scription of ground water use in the area (in-
cluding identification of private wells and public
drinking water sources), and a discussion of al-
terations that may be necessitated by, or occur
as a result of, the facility.
‘‘(D) A description of environmental con-
trols typically required to be used on the site
(pursuant to permit requirements), including
run on or run off management (or both), air
pollution control devices, source separation pro-
cedures (if any), methane monitoring and con-
trol, landfill covers, liners or leachate collection
systems, and monitoring programs. In addition,
the description shall include a description of
any waste residuals generated by the facility,
including leachate or ash, and the planned man-
agement of the residuals.
‘‘(E) A description of site access controls
to be employed, and roadway improvements to
be made, by the owner or operator, and an esti-
mate of the timing and extent of increased local
truck traffic.
‘‘(F) A list of all required Federal, State,
and local permits.
‘‘(G) Estimates of the personnel require-
ments of the facility, including information re-
garding the probable skill and education levels
required for jobs at the facility. To the extent
practicable, the information shall distinguish
between 
employment 
statistics 
for
preoperational and postoperational levels.
‘‘(H) Any information that is required by
State or Federal law to be provided with re-
spect to any violations of environmental laws
(including regulations) by the owner, the opera-
tor, and any subsidiary of the owner or opera-
tor, the disposition of enforcement proceedings
taken with respect to the violations, and correc-
tive action and rehabilitation measures taken as
a result of the proceedings.
‘‘(I) Any information that is required by
State or Federal law to be provided with re-
spect to gifts and contributions made by the
owner or operator.
‘‘(J) Any information that is required by
State or Federal law to be provided with re-
spect to compliance by the owner or operator
with the State solid waste management plan.
‘‘(3) NOTIFICATION.—Prior to taking formal
action with respect to granting authorization to re-
ceive out-of-State municipal solid waste pursuant to
this subsection, an affected local government shall—
‘‘(A) notify the Governor, contiguous local
governments, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a
newspaper of general circulation at least 30
days before holding a hearing and again at
least 15 days before holding the hearing, except
where State law provides for an alternate form
of public notification; and
‘‘(C) provide an opportunity for public
comment in accordance with State law, includ-
ing at least 1 public hearing.
‘‘(b) AUTHORIZATION NOT REQUIRED FOR CERTAIN
FACILITIES.—
‘‘(1) IN
GENERAL.—A landfill or incinerator
may receive for disposal or incineration out-of-State
municipal solid waste in the absence of an authoriza-
tion under subsection (a) if each of the following re-
quirements are met:
‘‘(A) The owner or operator shall provide
either of the following to the Governor of the
State in which the landfill or incinerator is lo-
cated and to the affected local government:
‘‘(i) Information establishing that, be-
fore the date of the enactment of this sec-
tion, the owner or operator of the landfill
or incinerator has entered into a host com-
munity agreement or received a State per-
mit, specifically authorizing the owner or
operator to accept, at the landfill or incin-
erator, out-of-State municipal solid waste.
This clause shall be effective only if the
owner or operator complies with all of the
terms and conditions of the host commu-
nity agreement or permit and, in the case
of a permit, notifies the affected local gov-
ernment of the permit, as soon as prac-
ticable but not later than 90 days after the
date of enactment of this section.
‘‘(ii) Information establishing that
during 1993, the landfill or incinerator re-
ceived shipments of out-of-State municipal
solid waste. Such information shall be in
such documented form as will result in
criminal penalties under State law in case
of false or misleading information. Such
information 
shall 
include 
information
about the date of shipment, place of origin
of the waste, and the type of waste.
‘‘(B) In the case of a landfill or incinerator
in operation on the date of the enactment of
this section, the landfill or incinerator must be
in compliance as of such date with applicable
Federal and State environmental laws (includ-
ing regulations), including, in the case of land-
fills, applicable laws and regulations relating to
design and location standards, leachate collec-
tion, ground water monitoring, and financial as-
surance for closure and post-closure care and
corrective action.
‘‘(2) AMOUNT
RECEIVED
UNDER
PARAGRAPH
(1)(A)(ii).—
‘‘(A) STATES NOT EXERCISING RATCHET
AUTHORITY UNDER (c)(5).—
‘‘(i) FACILITIES COVERED.—This sub-
paragraph shall cover only landfills and in-
cinerators in States which do not establish
a limit on out-of-State municipal solid
waste under subsection (c)(5).
‘‘(ii) WASTE UNDER CONTRACT.—For
any landfill or incinerator covered by this
subparagraph and authorized to receive
out-of-State municipal solid waste pursu-
ant to paragraph (1)(A)(ii), if out-of-State
municipal solid waste was received at such
landfill or incinerator during 1993 under a
contract, paragraph (1)(A)(ii) shall apply
to the amount of out-of-State municipal
solid waste specified in the contract for the
longer of the following periods:
‘‘(I) The life of the contract.
‘‘(II) The period ending 6 years
after the enactment of this section.
For purposes of subclause (I), the term
‘life of the contract’ shall not include any
renewal, novation, or other extension there-
of (as determined under State law).
‘‘(iii) SPOT WASTE.—For a landfill or
incinerator covered by this subparagraph
and authorized to receive out-of-State mu-
nicipal solid waste pursuant to paragraph
(1)(A)(ii), if out-of-State municipal solid
waste was received at such landfill or in-
cinerator during 1993 in the absence of a
contract, paragraph (1)(A)(ii) shall apply
to the receipt of out-of-State municipal
solid waste for a period ending 3 years
after the enactment of this section.
‘‘(iv) CONTRACT AND SPOT WASTE.—
For any landfill or incinerator covered by
this subparagraph and authorized to re-
ceive out-of-State municipal solid waste
pursuant to paragraph (1)(A)(ii), if out-of-
State municipal solid waste was received at
such landfill or incinerator during 1993
both under a contract and otherwise,
clause (ii) shall apply with respect to the
waste received under the contract and
clause (iii) shall apply to the other munici-
pal solid waste received at the landfill or
incinerator.
‘‘(B) STATES
EXERCISING
RATCHET
AU-
THORITY UNDER (c)(5).—
‘‘(i) FACILITIES COVERED.—This sub-
paragraph shall cover only landfills and in-
cinerators in States which establish a limit
on out-of-State municipal solid waste
under subsection (c)(5).
‘‘(ii) WASTE UNDER CONTRACT.—For
any landfill or incinerator covered by this
subparagraph and authorized to receive
out-of-State municipal solid waste pursu-
ant to paragraph (1)(A)(ii), if out-of-State
municipal solid waste was received at such
landfill or incinerator during 1993 under a
contract, paragraph (1)(A)(ii) shall apply
to the amount of out-of-State municipal
solid waste specified in the contract for the
longer of the following periods:
‘‘(I) The life of the contract.
‘‘(II) The period ending January
1, 2000.
For purposes of subclause (I), the term
‘life of the contract’ shall not include any
renewal, novation, or other extension there-
of (as determined under State law).
‘‘(iii) SPOT WASTE.—For a landfill or
incinerator covered by this subparagraph
and authorized to receive out-of-State mu-
nicipal solid waste pursuant to paragraph
(1)(A)(ii), if out-of-State municipal solid
waste was received at such landfill or in-
cinerator during 1993 in the absence of a
contract, paragraph (1)(A)(ii) shall apply
to the receipt of out-of-State municipal
solid waste for a period ending January 1,
2000.
‘‘(iv) CONTRACT AND SPOT WASTE.—
For any landfill or incinerator covered by
this subparagraph and authorized to re-
ceive out-of-State municipal solid waste
pursuant to paragraph (1)(A)(ii), if out-of-
State municipal solid waste was received at
such landfill or incinerator during 1993
both under a contract and otherwise,
clause (ii) shall apply with respect to the
waste received under the contract and
clause (iii) shall apply to the other munici-
pal solid waste received at the landfill or
incinerator.
‘‘(3) AVAILABILITY OF DOCUMENTATION.—The
owner or operator of a landfill or incinerator which
is exempt under paragraph (1) of this subsection
from the requirements of subsection (a) shall provide
to the State and affected local government, and
make available for inspection by the public in the af-
cated within, the same bi-State level A metropolitan
statistical area (as defined by the Office of Manage-
ment and Budget and as listed by the Office of
Management and Budget as of the date of enact-
ment of this section) which contains two contiguous
major cities each of which is in a different State.
‘‘(c) AUTHORITY OF STATE TO RESTRICT OUT-OF-
STATE MUNICIPAL SOLID WASTE.—
‘‘(1) LIMITATIONS ON AMOUNT OF WASTE RE-
CEIVED.—
‘‘(A) LIMIT FOR ALL FACILITIES IN THE
STATE.—A State may limit the amount of out-
of-State municipal solid waste received annually
for disposal at each landfill or incinerator in the
State to the limitation amount described in
paragraph (2), except as provided in this sub-
section. No such limit may conflict—
‘‘(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.
posed only if each of the following requirements are
met:
‘‘(i) The limit shall not conflict (within the
meaning of paragraph (1)(B)) with any permit
or host community agreement authorizing the
receipt of out-of-State municipal solid waste.
‘‘(ii) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 12 months before impo-
sition of the limit.
‘‘(iii) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 90 days before enforce-
ment of the limit.
‘‘(iv) The percentage reduction in the
amount of out-of-State municipal solid waste
which is received at each facility in the import-
ing State at which a limit may be established
under this paragraph shall be uniform for all
such facilities.
‘‘(B) The limit established under this para-
graph shall be a percentage of the amount of out-
of-State municipal solid waste generated in the ex-
porting State during calendar year 1993 and re-
ceived at facilities in the importing State in which
a limit is established under this paragraph. For any
calendar year after 1994, the percentage shall be as
specified in the following table:
Applicable
‘‘Calendar year:
Percentage:
1996 .........................................................................................
1997 .........................................................................................
1998 .........................................................................................
1999 .........................................................................................
after 1999 ................................................................................
50.
‘‘(d) NEEDS DETERMINATION.—Any comprehensive
solid waste management plan approved under Federal or
State law and any implementation of such plan through
the State permitting process may take into account local
and regional needs for solid waste disposal capacity. An
affected local government may make a determination that
there is no local or regional need for a new landfill or in-
cinerator or major modification to an existing facility in
the area under the jurisdiction of the affected local govern-
ment. Such determination shall be based on a finding that
the proposed facility does not have a host community
agreement or is inconsistent with the capacity needs estab-
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) of 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:
‘‘(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:
Clerk.
103D CONGRESS
2D SESSION
H. R. 4779
AN ACT
To amend the Solid Waste Disposal Act to author-
ize local governments and Governors to restrict
receipt of out-of-State municipal solid waste, and
for other purposes.