ance for closure and post-closure care and correc-
tive action.
‘‘(2) AMOUNT
RECEIVED
UNDER
PARAGRAPH
(1)(A)(ii).—
‘‘(A) STATES
NOT
EXERCISING
RATCHET
AUTHORITY UNDER (c)(5).—
‘‘(i) FACILITIES COVERED.—This sub-
paragraph shall cover only landfills and in-
cinerators in States which do not 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 pursuant to
paragraph (1)(A)(ii), if out-of-State munic-
ipal solid waste was received at such land-
fill or incinerator during 1993 under a con-
tract, 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 contract.
‘‘(II) The period ending 3 years
after the enactment of this section.
For purposes of subclause (I), the term ‘life
of the contract’ shall not include any re-
newal, novation, or other extension thereof
(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)(A)(ii), if out-of-State municipal solid
waste was received at such landfill or incin-
erator during 1993 in the absence of a con-
tract, paragraph (1)(A)(ii) shall apply to
the receipt of out-of-State municipal solid
waste for a period ending 3 years after the
enactment of this section.
‘‘(iv) CONTRACT AND SPOT WASTE.—
For any landfill or incinerator covered by
this subparagraph and authorized to receive
out-of-State municipal solid waste pursuant
to paragraph (1)(A)(ii), if out-of-State mu-
nicipal 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 incinerator.
‘‘(B) STATES
EXERCISING
RATCHET
AU-
THORITY UNDER (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 pursuant to
paragraph (1)(A)(ii), if out-of-State munic-
ipal solid waste was received at such land-
fill or incinerator during 1993 under a con-
tract, 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 contract.
‘‘(II) The period ending January
1, 2000.
For purposes of subclause (I), the term ‘life
of the contract’ shall not include any re-
newal, novation, or other extension thereof
(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)(A)(ii), if out-of-State municipal solid
waste was received at such landfill or incin-
erator during 1993 in the absence of a con-
tract, paragraph (1)(A)(ii) shall apply to
the receipt of out-of-State municipal solid
waste for a period ending January 1, 2000.
‘‘(iv) CONTRACT AND SPOT WASTE.—
For any landfill or incinerator covered by
this subparagraph and authorized to receive
out-of-State municipal solid waste pursuant
to paragraph (1)(A)(ii), if out-of-State mu-
nicipal 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 incinerator.
‘‘(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 avail-
able for inspection by the public in the affected local
community, a copy of the host community agreement
or other documentation required under paragraph
(1). The owner or operator may omit any proprietary
information contained in the contracts, but shall en-
sure that at least the following information is appar-
ent: the volume of out-of-State municipal solid waste
to be received, the source of the waste, and the dura-
tion of the contract.
‘‘(4) DENIED OR REVOKED PERMITS.—A landfill
or incinerator may not receive for disposal or inciner-
ation out-of-State municipal solid waste in the ab-
sence of a host community agreement if the operating
permit or license 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 renewal)
has been reinstated as of such date of enactment.
‘‘(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 generated
within, and the landfill or incinerator is located
within, the same bi-State level A metropolitan statis-
tical area (as defined by the Office of Management
and Budget and as listed by the Office of Manage-
ment and Budget as of the date of enactment 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 agreement
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 sub-
paragraph (A) shall be treated as conflicting
with a permit or host community agreement if—
‘‘(i) the permit or host community
agreement establishes a higher limit, or
‘‘(ii) the permit or host community
agreement does not establish any limit,
on the amount of out-of-State municipal solid
waste which may be received annually at the
facility.
‘‘(C) LIMIT FOR PARTICULAR FACILITIES.—
At the request of an affected local government
that has not executed a host community agree-
ment, the State may limit the amount of out-of-
State municipal solid waste received annually
for disposal at the landfill or incinerator con-
cerned 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 construed
to have any effect on 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 for disposal at the landfill or incinerator
concerned during calendar year 1993. The docu-
mentation referred to in this subparagraph shall be
such as would result in criminal penalties in case of
false or misleading information. Such documentation
shall include the amount of waste received, place of
origin, including the identity of the generator, date of
shipment, and type of waste.
‘‘(3) OTHER LIMITATION AMOUNT.—(A) Except
as provided in subparagraph (B), the limitation
amount referred to in paragraph (1) shall be zero for
a landfill or incinerator authorized to receive out-of-
State municipal solid waste solely by reason of re-
ceipt in calendar year 1993 of municipal solid waste
that was not received under contract or otherwise au-
thorized under this section.
‘‘(B) The limitation amount of zero referred to
in subparagraph (A) shall not be applicable to receipt
of any out-of-State municipal solid waste by the land-
fill or incinerator if the owner or operator, on the
date of enactment of this section, owned the land on
which the facility that received such waste is located.
‘‘(4) NO DISCRIMINATION.—Except as provided
in paragraph (5), in establishing a limitation under
this subsection, a State shall act in a consistent man-
ner that does not discriminate against any shipments
of out-of-State municipal solid waste on the basis of
State of origin.
‘‘(5) 
ADDITIONAL
LIMIT
FOR
MUNICIPAL
WASTE.—(A) Any State (hereinafter in this para-
graph referred to as an ‘importing State’) that im-
ported more than 750,000 tons of out-of-State munici-
pal solid waste in 1993 may establish a limit under
this paragraph on the amount of out-of-State munici-
pal solid waste received pursuant to the authority of
subsection (b)(1)(A)(ii) for disposal at landfills and
incinerators in the importing State. A limit under
this paragraph shall be in addition to, or in lieu of,
any other limit imposed under this subsection. A
limit under this paragraph may be imposed only if
each of the following requirements are met:
‘‘(i) The limit shall not conflict (within the
meaning of paragraph (1)(B)) with any permit
or host community agreement authorizing the re-
ceipt of out-of-State municipal solid waste.
‘‘(ii) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 12 months before imposi-
tion of the limit.
‘‘(iii) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 90 days before enforce-
ment of the limit.
‘‘(iv) The percentage reduction in the
amount of out-of-State municipal solid waste
which is received at each facility in the import-
ing State at which a limit may be established
under this paragraph shall be uniform for all
such facilities.
‘‘(B) The limit established under this paragraph
shall be a percentage of the amount of out-of-State
municipal solid waste generated in the exporting
State during calendar year 1993 and received at fa-