‘‘(iv) CONTRACT AND SPOT WASTE.—
For any landfill or incinerator covered by 
this subparagraph and authorized to re-
ceive out-of-State municipal solid waste 
pursuant to paragraph (1), if out-of-State 
municipal solid waste was received at such 
landfill or incinerator during 1993 both 
under a contract and otherwise, clause (ii) 
shall apply with respect to the waste re-
ceived under the contract and clause (iii) 
shall apply to the other municipal solid 
waste received at the landfill or inciner-
ator. 
‘‘(B) STATES
EXERCISING
RATCHET
AU-
THORITY UNDER SUBSECTION (c)(5).—
‘‘(i) FACILITIES COVERED.—This sub-
paragraph shall cover only landfills and in-
cinerators in States which establish a limit 
on out-of-State municipal solid waste 
under subsection (c)(5). 
‘‘(ii) WASTE UNDER CONTRACT.—For 
any landfill or incinerator covered by this 
subparagraph and authorized to receive 
out-of-State municipal solid waste pursu-
ant to paragraph (1), if out-of-State mu-
nicipal solid waste was received at such 
landfill or incinerator during 1993 under a 
contract, paragraph (1)(A)(ii) shall apply 
to the amount of out-of-State municipal 
solid waste specified in the contract for the 
longer of the following periods: 
‘‘(I) The life of the later of the 
contract in effect in 1993 or any sub-
sequent contract in effect as of the 
date of enactment of this section. 
‘‘(II) The period ending January 
1, 2007. 
For purposes of subclause (I), the term 
‘life of the contract’ shall not include any 
renewal, novation, or other extension there-
of (as determined under State law). 
‘‘(iii) SPOT WASTE.—For a landfill or 
incinerator covered by this subparagraph 
and authorized to receive out-of-State mu-
nicipal solid waste pursuant to paragraph 
(1), if out-of-State municipal solid waste 
was received at such landfill or incinerator 
during 1993 in the absence of a contract, 
paragraph (1)(A)(ii) shall apply to the re-
ceipt of out-of-State municipal solid waste 
for a period ending January 1, 2007. 
‘‘(iv) CONTRACT AND SPOT WASTE.—
For any landfill or incinerator covered by 
this subparagraph and authorized to re-
ceive out-of-State municipal solid waste 
pursuant to paragraph (1), if out-of-State 
municipal solid waste was received at such 
landfill or incinerator during 1993 both 
under a contract and otherwise, clause (ii) 
shall apply with respect to the waste re-
ceived under the contract and clause (iii) 
shall apply to the other municipal solid 
waste received at the landfill or inciner-
ator. 
‘‘(3) AVAILABILITY OF DOCUMENTATION.—The 
owner or operator of a landfill or incinerator which 
is exempt under paragraph (1) of this subsection 
from the requirements of subsection (a) shall provide 
to the State and affected local government, and 
make available for inspection by the public in the af-
fected local community, a copy of the host commu-
nity agreement or other documentation required 
under paragraph (1). The owner or operator may 
omit any proprietary information contained in the
contracts, but shall ensure that at least the following 
information is apparent: the volume of out-of-State 
municipal solid waste to be received, the source of 
the waste, and the duration of the contract. 
‘‘(4) DENIED OR REVOKED PERMITS.—A land-
fill or incinerator may not receive for disposal or in-
cineration out-of-State municipal solid waste in the 
absence of a host community agreement if the oper-
ating permit or license for the landfill or incinerator 
(or renewal thereof) was denied or revoked by the 
appropriate State agency before the date of enact-
ment of this section unless such permit or license (or 
renewal) has been reinstated as of such date of en-
actment. 
‘‘(5) WASTE WITHIN BI-STATE METROPOLITAN 
STATISTICAL AREAS.—The owner or operator of a 
landfill or incinerator in a State may receive out-of-
State municipal solid waste without obtaining au-
thorization under subsection (a) from the affected 
local government if the out-of-State waste is gen-
erated within, and the landfill or incinerator is lo-
cated within, the same bi-State level A metropolitan 
statistical area (as defined by the Office of Manage-
ment and Budget and as listed by the Office of 
Management and Budget as of the date of enact-
ment of this section) which contains two contiguous 
major cities each of which is in a different State. 
‘‘(c) 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 
for disposal at each landfill or incinerator in the 
State to the limitation amount described in 
paragraph (2), except as provided in this sub-
section. 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 a permit or host community agreement 
if—