‘‘(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. 
‘‘(2) NO
DISCRIMINATION.—In establishing a 
limitation under this subsection, a State shall act in 
a consistent manner that does not discriminate 
against any shipments of out-of-State municipal 
solid waste on the basis of State of origin. 
‘‘(3) EFFECT
ON
OTHER
LAWS.—Nothing in 
this subsection shall be interpreted or construed to 
supersede any State law relating to contracts. 
‘‘(4) DEFINITION.—As used in this subsection, 
the term ‘comprehensive, statewide recycling pro-
gram’ means a law of statewide applicability that re-
quires the generators of municipal solid waste to 
separate all of the following materials for recycling
as a condition of disposing of the waste at landfills 
or incinerators in the State: 
‘‘(A) Aluminum containers. 
‘‘(B) Corrugated paper or other container 
board. 
‘‘(C) Glass containers. 
‘‘(D) Magazines or other material printed 
on similar paper. 
‘‘(E) Newspapers or other material printed 
on newsprint. 
‘‘(F) Office paper. 
‘‘(G) Plastic containers. 
‘‘(H) Steel containers. 
‘‘(I) Containers for carbonated or malt 
beverages that are primarily made of a com-
bination of steel and aluminum. 
‘‘(i) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—A State may impose and 
collect a cost recovery charge on the processing, 
combustion, or disposal in a landfill or incinerator of 
out-of-State municipal solid waste in the State in ac-
cordance with this subsection. 
‘‘(2) 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 (4) and in no 
event may exceed $3.00 per ton of waste. 
‘‘(3) 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-
division that incur costs for which the surcharge is 
collected. 
‘‘(4) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State may impose and collect 
a cost recovery surcharge on the processing, combus-
tion, or disposal within the State of out-of-State mu-
nicipal solid waste if—
‘‘(i) the State demonstrates a cost to the 
State or its political subdivisions arising from 
the processing, 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 
demonstrated under clause (i) that, if not paid 
for through the surcharge, would otherwise 
have to be paid or subsidized by the State or 
its political subdivisions; 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 paid, recov-
ered, or offset by any other fee or tax paid to the 
State or its political subdivision in connection with 
the generation, transportation, treatment, proc-
essing, combustion, or disposal of solid waste. Any 
provision in a host community agreement that places 
responsibility for payment or reimbursement for fees 
under this subsection on the host community is here-
by declared null and void. 
‘‘(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). 
‘‘(5) DEFINITIONS.—As used in this subsection: 
‘‘(A) The term ‘costs’ means the costs in-
curred by the State for the implementation of 
its laws governing the processing, combustion, 
or disposal of municipal solid waste, limited to 
the issuance of new permits and renewal of or 
modification of permits, inspection and compli-
ance monitoring, enforcement, and costs associ-
ated with technical assistance, data manage-
ment, and collection of fees.
‘‘(B) The term ‘processing’ means any ac-
tivity to reduce the volume of solid waste or 
alter its chemical, biological or physical state, 
through processes such as thermal treatment, 
bailing, composting, crushing, shredding, sepa-
ration, or compaction. 
‘‘(j) INSPECTIONS.—A State may require that a 
State-employed or authorized inspector be onsite during 
any or all hours of operation at any facility that receives 
out-of-State municipal solid waste. Such inspectors shall 
be authorized to ensure the enforcement of Federal, State, 
and local laws and regulations relating to the receipt of 
out-of-State municipal solid waste, and to ensure that out-
of-State municipal solid waste received at a transfer facil-
ity or other interim holding facility remains identifiable 
as out-of-State municipal solid waste when transferred to 
a landfill or incinerator. The State may require reimburse-
ment from the facility for reasonable costs of providing 
such inspectors. 
‘‘(k) IMPLEMENTATION AND ENFORCEMENT.—Any 
State may adopt such laws and regulations, not incon-
sistent with this section, as are necessary to implement 
and enforce this section, including provisions for penalties. 
‘‘(l) EFFECT ON INTERSTATE COMMERCE.—No State 
or local government action taken as authorized by this sec-
tion, including the establishment of a limit pursuant to 
subsection (f) or the enactment or execution of a law or 
regulation described in subsection (c)(7), (g), (h), (i), or 
(k), shall be considered to impose an undue burden on 
interstate commerce or to otherwise impair, restrain, or 
discriminate against interstate commerce. 
‘‘(m) 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, its place of origin, the identity of the gener-
ator, the date of shipments, and the type of waste received. 
Each year each such State shall publish and make avail-
able 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. 
‘‘(n) DEFINITIONS.—For purposes of this section: 
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—The 
term ‘affected local government’ means—
‘‘(A) 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 a
landfill or incinerator is located or proposed to 
be located; 
‘‘(B) if there is no such body authorized by 
State law, the elected officials of the city, town, 
township, borough, county, or parish exercising 
primary responsibility over municipal solid 
waste management or the use of land in the ju-
risdiction in which a landfill or incinerator is lo-
cated or proposed to be located; or 
‘‘(C) contiguous units of local government 
located in each of 2 or more adjoining States 
acting jointly as an affected local government, 
pursuant to the authority provided in section 
1005(b), for purposes of providing authoriza-
tion under subsection (b), (c), or (d) for munic-
ipal solid waste generated in the jurisdiction of 
one of those units of local government and re-
ceived for disposal or incineration in the juris-
diction of 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.—
‘‘(A) WASTE INCLUDED.—Except as pro-
vided in subparagraph (B), the term ‘municipal 
solid waste’ means—
‘‘(i) all waste materials discarded for 
disposal by households, including single 
and multifamily residences, and hotels and 
motels; 
‘‘(ii) sewage sludge and residuals from 
any sewage treatment plant; 
‘‘(iii) combustion ash generated by re-
source recovery facilities or municipal in-
cinerators; 
‘‘(iv) petroleum contaminated soil; and 
‘‘(v) all waste materials discarded for 
disposal that were generated by commer-
cial, institutional, municipal, and industrial 
sources, to the extent such materials—
‘‘(I) are essentially the same as 
materials described in clause (i); and 
‘‘(II) were collected and disposed 
of with other municipal solid waste 
described in clause (i) or subclause (I)
of this clause as part of normal mu-
nicipal solid waste collection services, 
except that this subclause does not 
apply to hazardous materials other 
than hazardous materials that, pursu-
ant to regulations issued under sec-
tion 3001(d), are not subject to regu-
lation under subtitle C. 
Examples of municipal solid waste include food 
and yard waste, paper, clothing, appliances, 
consumer product packaging, disposable dia-
pers, office supplies, cosmetics, glass and metal 
food containers, and household hazardous 
waste. Such term shall include debris resulting 
from construction, remodeling, repair, or demo-
lition of structures. 
‘‘(B) WASTE NOT INCLUDED.—The term 
‘municipal solid waste’ does not include any of 
the following: 
‘‘(i) Any solid waste identified or list-
ed as a hazardous waste under section 
3001, except for household hazardous 
waste. 
‘‘(ii) Any solid waste, including con-
taminated soil (other than petroleum con-
taminated 
soil) 
and 
debris, 
resulting 
from—
‘‘(I) a response action taken 
under section 104 or 106 of the Com-
prehensive 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 such 
section 104 or 106; or 
‘‘(III) a corrective action taken 
under this Act. 
‘‘(iii) 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. 
‘‘(iv) Scrap rubber to be used as a 
fuel source. 
‘‘(v) Materials and products returned 
from a dispenser or distributor to the man-
ufacturer or an agent of the manufacturer 
for credit, evaluation, and possible reuse. 
‘‘(vi) Any solid waste that is—
‘‘(I) generated by an industrial 
facility; and 
‘‘(II) transported for the purpose 
of treatment, storage, or disposal to a 
facility or unit thereof that is owned 
or operated by the generator of the 
waste, located on property owned by 
the generator or a company with 
which the generator is affiliated, or 
the capacity of which is contractually 
dedicated exclusively to a specific gen-
erator, so long as the disposal area 
complies with local and State land use 
and zoning regulations applicable to 
the disposal site. 
‘‘(vii) Any medical waste that is seg-
regated from or not mixed with solid 
waste. 
‘‘(viii) Waste from manufacturing or 
processing (including pollution control) op-
erations not essentially the same as waste 
normally generated 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 and includes municipal solid waste 
generated outside of the State that has passed 
through a transfer facility or other interim holding 
facility inside the State. 
‘‘(5) RECYCLABLE MATERIALS.—The term ‘re-
cyclable materials’ means materials that are di-
verted, separated from, or separately managed from 
materials otherwise destined for disposal as solid 
waste, by collecting, sorting, or processing for use as 
raw materials or feedstocks in lieu of, or in addition 
to, virgin materials, including petroleum, in the 
manufacture of usable materials or products. 
‘‘(6) SPECIFICALLY AUTHORIZES.—(A) Except 
as provided in subparagraph (B), the term ‘specifi-
cally authorizes’ refers to an explicit authorization, 
contained in a host community agreement or permit, 
to import municipal solid 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 ref-
erence 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’.
‘‘(B) If a landfill or incinerator received 
100,000 tons of out-of-State municipal solid waste 
or more during the previous year, when applied to 
such landfill or incinerator the term ‘specifically au-
thorizes’ refers to an explicit authorization, con-
tained in a host community agreement or permit, to 
import specific volumes or other specific quantities 
of municipal solid waste from outside the State. 
‘‘(C) The language for a specific authorization 
under this paragraph must clearly and affirmatively 
state 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 in-
cinerator proposes to import it. The term shall not 
include general references to the receipt of waste 
from outside the jurisdiction of the affected local 
government.’’. 
(b) TABLE OF CONTENTS.—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. Receipt and disposal of out-of-State municipal solid waste.’’.
(c) INCIDENT REPORTS.—Not later than one year 
after the date of the enactment of this Act and annually 
for the next two years, the General Accounting Office shall
submit a report to the Committee on Commerce of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate that contains the 
following information: 
(1) Available information for each State that 
imports municipal solid waste detailing any incidents 
or circumstances where waste materials that are not 
authorized by permit to be disposed of at a landfill 
or incinerator have been discovered in the imported 
municipal solid waste during the transportation, 
processing, or disposal of such waste. Such unau-
thorized waste materials can include hazardous 
waste, medical waste, radioactive waste, and indus-
trial waste. 
(2) For each incident or circumstance identified 
under paragraph (1), an indication of the method or 
circumstances of detection, and the identity of the 
source of the waste, the transporter, and the dis-
posal facility. 
(3) For each incident or circumstance identified 
under paragraph (1), an indication of whether any-
one was cited for a violation, and if so the nature 
of the violation and any penalty assessed.
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