I
106TH CONGRESS
1ST SESSION
H. R. 1190
To impose certain limitations on the receipt of out-of-State municipal solid
waste, to authorize State and local controls over the flow of municipal
solid waste, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1999
Mr. GREENWOOD (for himself, Mr. KLINK, Mr. UPTON, Mr. DINGELL, Mr.
GILLMOR, Mr. STUPAK, Mr. PETERSON of Pennsylvania, Mr. SAWYER,
Mr. SHERWOOD, Mr. BARRETT of Wisconsin, Mr. BUYER, Mr. BROWN
of Ohio, Mr. WOLF, Mr. VISCLOSKY, Mr. BONIOR, Mr. GILCHREST, Mr.
MINGE, Mr. SOUDER, Mr. BARCIA, Mr. GOODLING, Mr. PICKETT, Mr.
KANJORSKI, Mr. HOLDEN, Mr. HOEFFEL, Mr. DOYLE, Mr. TRAFICANT,
Mr. KILDEE, Mr. KLECZKA, Mr. LEACH, Mr. BURTON of Indiana, Mr.
RUSH, Mr. TAYLOR of Mississippi, Mr. BORSKI, Ms. RIVERS, Mr. MAS-
CARA, Mr. COYNE, Mr. PASTOR, Mr. STRICKLAND, Mr. LEVIN, Mr.
HOSTETTLER, Ms. STABENOW, Mr. PEASE, Mr. WELDON of Pennsyl-
vania, Ms. BALDWIN, Mr. GREEN of Texas, Mr. PITTS, Mr. KUCINICH,
Ms. KILPATRICK, and Mr. MARKEY) introduced the following bill; which
was referred to the Committee on Commerce
A BILL
To impose certain limitations on the receipt of out-of-State
municipal solid waste, to authorize State and local con-
trols over the flow of 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 and Local Authority Act of 1999’’.
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), out-of-State munic-
ipal solid waste may be received at a landfill or incinerator
for disposal or incineration pursuant to a host community
agreement entered into before the enactment of this sec-
tion 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 on or after the enact-
ment of this section (in this section referred to as
a ‘new host community agreement’) if the agreement
specifically authorizes the receipt of such waste and
meets the requirements of paragraphs (2) through
(5) 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 may 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
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; and
‘‘(C) provide an opportunity for public
comment in accordance with State law, includ-
ing at least 1 public hearing.
‘‘(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) 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 March 18, 1999, 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 determined that
the facility is not in compliance with applicable Federal
and State laws and regulations relating to—
‘‘(1) facility operation and design;
‘‘(2) in the case of landfills, facility location
standards, leachate collection standards, ground-
water monitoring standards, and standards for fi-
nancial assurance and for closure and postclosure
and corrective action; and
‘‘(3) in the case of incinerators, the applicable
requirements of section 129 of the Clean Air Act (42
U.S.C. 7429).
‘‘(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.
‘‘(B) CONFLICT.—A limit referred 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
the owner or operator to accept, at the facility,
out-of-State municipal solid waste.
‘‘(D) EFFECT ON OTHER LAWS.—Nothing
in this subsection shall be interpreted or con-
strued to supersede any State law relating to
contracts.
‘‘(2) LIMITATION AMOUNT.—For any landfill or
incinerator that commenced receiving documented
out-of-State municipal solid waste before the date of
enactment of this section, the limitation amount re-
ferred to in paragraph (1) for any year shall be
equal to the amount of out-of-State municipal solid
waste received at the landfill or incinerator con-
cerned during calendar year 1993. The documenta-
tion referred to in this paragraph shall be such as
would result in criminal penalties under State law
in case of false or misleading information. Such doc-
umentation shall include the amount of waste re-
ceived in 1993, place of origin, identity of the gener-
ator, date of shipment, and type of waste.
‘‘(3) 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.
‘‘(g) 
LIMITATIONS
ON
PROSPECTIVE
WASTE
FLOWS.—
‘‘(1) STATE AUTHORITY TO DENY PERMITS.—A
State may provide by law that the State will deny,
or refuse to renew, a permit for the construction or
operation of a landfill or incinerator, or for a major
modification to an existing landfill or incinerator,
if—
‘‘(A) the State has approved a State or
local comprehensive municipal solid waste man-
agement plan developed under Federal or State
law; and
‘‘(B) the denial or refusal to renew is
based on a determination, pursuant to a State
law authorizing the denial or refusal to renew,
that there is not a local or regional need for the
landfill or incinerator in the State.
‘‘(2) PERCENTAGE LIMIT.—
‘‘(A) IN GENERAL.—A State may provide
by law that a State permit issued or renewed
after the date of enactment of this section for
a municipal solid waste landfill or incinerator,
or for expansion of a municipal solid waste
landfill or incinerator, shall include a require-
ment that not more than a specified percentage
of the total amount of municipal solid waste re-
ceived annually at the landfill or incinerator
may be out-of-State municipal solid waste. A
percentage limitation established by a State
under this subparagraph shall not be less than
20 percent.
‘‘(B) HOST
COMMUNITY
AGREEMENT.—
Notwithstanding subparagraphs (A) and (C), a
landfill or incinerator acting pursuant to a host
community agreement entered into prior to the
date of enactment of this section that specifi-
cally authorizes the landfill or incinerator to re-
ceive a specific quantity of out-of-State munic-
ipal solid waste annually may receive the spe-
cific quantity authorized under the host com-
munity agreement.
‘‘(C) 
NONDISCRIMINATION.—An 
annual
percentage limitation referred to in subpara-
graph (A)—
‘‘(i) shall be uniform for all municipal
solid waste landfills and incinerators in the
State; and
‘‘(ii) may not discriminate against
out-of-State municipal solid waste accord-
ing to the State of origin.
‘‘(h) AUTHORITY OF STATE TO RESTRICT OUT-OF-
STATE MUNICIPAL SOLID WASTE BASED ON RECYCLING
PROGRAMS.—
‘‘(1) AUTHORITY.—
‘‘(A) LIMITATION.—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 amount of out-of-State mu-