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-
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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) 
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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-
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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— 
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‘‘(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 
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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’. 
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‘‘(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 
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submit a report to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Environment and Public Works of the Senate that con-
tains 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. 
Æ 
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