readily available to the public and are provided with-
in 5 days after a request from any person. Such 
owner or operator may recover reasonable costs of 
providing each copy. 
‘‘(7) AUTHORITY.—
‘‘(A) IN GENERAL.—A State may enact a 
law or laws with respect to the entry, by an af-
fected local government in the State, into a host 
community agreement, as it relates to the inter-
state transportation of solid waste. 
‘‘(B) NO DISCRIMINATION.—In enacting a 
law or laws pursuant to subparagraph (A), a 
State shall act in a consistent manner that does 
not discriminate against the receipt of out-of-
State municipal solid waste on the basis of 
State of origin. 
‘‘(d) EXEMPTION
FOR WASTE
NOT SUBJECT
TO 
HOST COMMUNITY AGREEMENTS.—
‘‘(1) EXEMPTION FROM BAN.—Except as pro-
vided in subsection (e), out-of-State municipal solid 
waste received at a landfill or incinerator shall be ex-
empt from the presumptive ban contained in sub-
section (a) if the owner or operator of the landfill or 
incinerator provides to the State in which the landfill
or incinerator is located and to the affected local 
government either of the following: 
‘‘(A) PERMIT.—Information establishing 
that, before the enactment of this section, the 
owner or operator of the landfill or incinerator 
has received a State permit that specifically au-
thorizes the owner or operator to accept, at the 
landfill or incinerator, such out-of-State munic-
ipal solid waste. This subparagraph shall be ef-
fective only if the owner or operator complies 
with all of the terms and conditions of the per-
mit after the date of enactment of this section 
and notifies the affected local government of 
the permit as soon as practicable but not later 
than 90 days after the date of enactment of 
this section. 
‘‘(B) 
CONTRACT.—Information 
estab-
lishing that the owner or operator of the landfill 
or incinerator has entered into a binding con-
tract before January 4, 2005, that commits to 
the delivery to and receipt at the landfill or in-
cinerator of a specific quantity of out-of-State 
municipal solid waste and that the owner or op-
erator of the landfill or incinerator has per-
mitted capacity actually available on the date of
enactment of this section for receipt of the spe-
cific quantity of out-of-State municipal solid 
waste committed to in the contract. This sub-
paragraph shall be effective only for the longer 
of—
‘‘(i) the life of the contract (not in-
cluding any renewal, novation, or extension 
thereof); or 
‘‘(ii) a period of 3 years after the date 
of enactment of this section, 
and only with respect to the amount of the obli-
gation in the contract. 
‘‘(2) AVAILABILITY OF DOCUMENTATION.—The 
owner or operator of a landfill or incinerator receiv-
ing out-of-State municipal solid waste pursuant to 
an exemption under paragraph (1) shall make avail-
able for inspection by the public in the affected local 
community a copy of the permit or contract referred 
to in paragraph (1). The owner or operator may 
omit any proprietary information contained in con-
tracts. 
‘‘(3) DENIED OR REVOKED PERMITS.—A land-
fill or incinerator may not receive for disposal or in-
cineration out-of-State municipal solid waste pursu-
ant to an exemption under paragraph (1) if the op-
erating permit for the landfill or incinerator (or re-
newal thereof) was denied or revoked by the appro-
priate State agency before the date of enactment of 
this section, unless such permit or license (or re-
newal) has been reinstated as of such date of enact-
ment. 
‘‘(e) REQUIRED COMPLIANCE.—Exemptions under 
subsections (b), (c), and (d) shall not apply to a landfill 
or incinerator during any period with respect to which the 
State in which the facility is located has administratively 
determined that the facility is not in compliance with ap-
plicable Federal, State, or local laws and regulations relat-
ing to— 
‘‘(1) facility operation, design, and construction; 
‘‘(2) in the case of landfills, facility location 
standards, leachate collection standards, ground-
water monitoring standards, runoff controls, emis-
sion controls, landfill cover and dust suppression re-
quirements, environmental controls, and standards 
for financial assurance and for closure and 
postclosure and corrective action; and 
‘‘(3) the applicable requirements of the Clean 
Air Act and this Act. 
‘‘(f) 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 
at each landfill or incinerator in the State to 
the limitation amount described in paragraph 
(2), except as provided in this subsection. 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 that, be-
fore January 4, 2005, specifically author-
izes the landfill or incinerator to receive 
out-of-State municipal solid waste. 
‘‘(B) CONFLICT.—If a facility received less 
than 100,000 tons of out-of-State municipal 
solid waste during the previous year, a limit re-
ferred to in subparagraph (A) shall be treated 
as conflicting with—
‘‘(i) a permit if the permit establishes 
a higher limit or does not establish any 
limit on the amount of out-of-State munic-
ipal solid waste which may be received an-
nually at the facility; and 
‘‘(ii) a host community agreement if 
the host community agreement establishes 
a higher limit or does not establish any 
limit on the amount of out-of-State munic-
ipal solid waste which may be received an-
nually at the facility, but only to the extent 
that the landfill or incinerator, at the time 
the host community agreement was entered 
into, had specifically permitted capacity to 
receive the solid waste authorized by the 
host community agreement. 
‘‘(C) LIMIT
FOR
PARTICULAR
FACILI-
TIES.—An affected local government that has 
not executed a host community agreement with 
a particular landfill or incinerator may limit the 
amount of out-of-State municipal solid waste 
received annually at the landfill or incinerator 
concerned to the limitation amount described in 
paragraph (2). No such limit may conflict with 
provisions of a permit specifically authorizing