I 
109TH CONGRESS 
1ST SESSION 
H. R. 274
To impose certain limitations on the receipt of out-of-State municipal solid 
waste, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2005
Mrs. JO ANN DAVIS of Virginia introduced the following bill; which was 
referred to the Committee on Energy and Commerce 
A BILL 
To impose certain limitations on the 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 ‘‘Solid Waste Interstate 
Transportation Act of 2005’’. 
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. RECEIPT AND DISPOSAL OF OUT-OF-STATE MU-
NICIPAL SOLID WASTE. 
‘‘(a) PRESUMPTIVE BAN ON RECEIPT OF OUT-OF-
STATE WASTE.—No landfill or incinerator may receive 
any out-of-State municipal solid waste for disposal or in-
cineration unless the waste is received pursuant to—
‘‘(1) a host community agreement in accordance 
with subsection (b) or (c); or 
‘‘(2) an exemption under subsection (d). 
‘‘(b) EXISTING HOST COMMUNITY AGREEMENTS.—
Except as provided in subsection (e), (f), or (g), out-of-
State municipal solid waste may be received at a landfill 
or incinerator for disposal or incineration pursuant to a 
host community agreement entered into before the enact-
ment of this section if—
‘‘(1) the agreement specifically authorizes the 
owner or operator to accept, at the landfill or incin-
erator, out-of-State municipal solid waste; and 
‘‘(2) the owner or operator complies with all of 
the terms and conditions of the host community 
agreement. 
The owner or operator shall provide a copy of the host 
community agreement, within 90 days after the enactment 
of this section, to the State and affected local government 
and make such a copy available for inspection by the pub-
lic in the affected local community.
‘‘(c) NEW HOST COMMUNITY AGREEMENTS.—
‘‘(1) EXEMPTION FROM BAN.—Except as pro-
vided in subsection (e), out-of-State municipal solid 
waste may be received at a landfill or incinerator for 
disposal or incineration pursuant to a host commu-
nity agreement entered into or amended on or after 
the enactment of this section (in this section re-
ferred to as a ‘new host community agreement’) if 
the agreement specifically authorizes the receipt of 
such waste and meets the requirements of para-
graphs (2) through (6) of this subsection. 
‘‘(2) REQUIREMENTS
FOR
AUTHORIZATION.—
An authorization to receive out-of-State municipal 
solid waste pursuant to a new host community 
agreement shall be granted by formal action at a 
meeting; be recorded in writing in the official record 
of the meeting; and remain in effect according to its 
terms. Such authorization shall specify terms and 
conditions, including an amount of out-of-State mu-
nicipal solid waste that an owner or operator may 
receive and the duration of the authorization. 
‘‘(3) INFORMATION.—Prior to seeking an au-
thorization to receive out-of-State municipal solid 
waste pursuant to a new host community agreement 
under this subsection, the owner or operator of the
facility seeking such authorization shall provide (and 
make readily available to the State, each contiguous 
local government and Indian tribe, and any other in-
terested person for inspection and copying) each of 
the following items of information: 
‘‘(A) A brief description of the facility, in-
cluding, with respect to both the facility and 
any planned expansion of the facility, the size, 
the ultimate waste capacity, and the anticipated 
monthly and yearly quantities of waste to be 
handled. Such quantities shall be expressed in 
terms of volume. 
‘‘(B) A map of the facility site indicating 
location in relation to the local road system and 
topography and general hydrogeological fea-
tures. The map shall indicate any buffer zones 
to be acquired 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, and 
a discussion of alterations that may be neces-
sitated by, or occur as a result of, the facility. 
The description of groundwater use shall in-
clude identification of private wells and public 
drinking water sources. 
‘‘(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 pol-
lution control devices, source separation proce-
dures (if any), methane monitoring and control, 
landfill covers, liners or leachate collection sys-
tems, 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 oper-
ator, and any subsidiary of the owner or oper-
ator, 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. 
‘‘(4) PRIOR
NOTIFICATION.—Prior to taking 
formal action with respect to granting authorization 
to receive out-of-State municipal solid waste pursu-
ant to a new host community agreement under this 
subsection, an affected local government shall—
‘‘(A) notify the State, contiguous local gov-
ernments, and any contiguous Indian tribes; 
‘‘(B) publish notice of the action in a 
newspaper of general circulation in the affected 
area at least 15 days before holding a hearing 
under subparagraph (C), except where State 
law provides for an alternate form of public no-
tification; 
‘‘(C) provide an opportunity for public 
comment, including at least 1 public hearing; 
and 
‘‘(D) make publicly available the entire 
text of the new host community agreement. 
‘‘(5) SUBSEQUENT
NOTIFICATION.—Promptly, 
but not later than 90 days after an authorization is 
granted pursuant to a new host community agree-
ment under this subsection, the affected local gov-
ernment shall notify the Governor, contiguous local 
governments, and any contiguous Indian tribes of 
such authorization. 
‘‘(6) PUBLIC AVAILABILITY.—The owner or op-
erator of a facility authorized to receive out-of-State 
municipal solid waste pursuant to a new host com-
munity agreement under this subsection shall ensure 
that copies of the entire text of such agreement are