‘‘(F) Notwithstanding any other provision
of this section, at any time the fee imposed by
an exporting State in connection with treat-
ment, disposal, or other disposition of solid
waste exceeds the fee imposed by a receiving
State in connection with treatment, disposal, or
other disposition of solid waste, the receiving
State may impose and collect a fee in connec-
tion with treatment, disposal, or other disposi-
tion of solid waste received from an exporting
State equal to that of the fee imposed by the
exporting State. For purposes of this subpara-
graph, the term ‘exporting State’ means a State
in which solid waste is generated and exported
to another State for treatment, disposal, or
other disposition, and the term ‘receiving State’
means the State which receives solid waste from
another State for treatment, disposal, or other
disposition.
‘‘(2) BANS ON SOLID WASTE IMPORTATION.—
Each State is authorized to enact and enforce laws
imposing a ban on the importation into such State
of solid waste generated outside such State if—
‘‘(A) the 5-year period beginning on the
date of enactment of this section has expired;
and
‘‘(B) the State has an approved or effec-
tive solid waste management plan meeting all of
the requirements of section 4003.
‘‘(b) DEFINITION.—As used in this section, the term
‘solid waste’ has the meaning provided in section 1004(27)
of this Act, except that such term does not include hazard-
ous waste as defined under subtitle C.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for subtitle D of the Solid Waste Disposal Act (contained
in section 1001) is amended by adding at the end the fol-
lowing new item:
‘‘4011. State authority to regulate solid waste.’’.
SEC. 3. STATE SOLID WASTE MANAGEMENT PLANS.
(a) ADDITIONAL PLAN REQUIREMENTS.—(1) Section
4003(a) of the Solid Waste Disposal Act (42 U.S.C.
6943(a)) is amended by striking out paragraph (6) and
inserting in lieu thereof the following:
‘‘(6) The plan shall provide that the State, directly
or through regional or local planning units as may be es-
tablished under section 4002(a)(1), shall (A) identify the
amount of solid wastes by waste type that are reasonably
expected to be generated within the State or accepted from
another State during the 10-year period following the date
of the enactment of the States Solid Waste Regulatory Au-
thority Act, (B) identify the amount of solid waste to be
reduced during such 10-year period through source reduc-
tion, recycling, and resource recovery, and (C) establish
a process to assure the availability of solid waste treat-
ment, storage, and disposal facilities, including resource
recovery and recycling facilities, with capacity adequate to
manage all such solid wastes in an environmentally sound
manner. In establishing the process to assure the availabil-
ity of adequate solid waste management capacity, the
State shall take into account solid waste management
compacts in effect on the date of enactment of the States
Solid Waste Regulatory Authority Act that exist within
the State and one or more States.
‘‘(7) The plan shall require laws, regulations, and or-
dinances for development of new and expanded solid waste
management facilities necessary to provide adequate ca-
pacity, as determined by the process established under
paragraph (6), including the establishment of a process
for the siting of such facilities and a schedule for the ap-
proval and construction of such facilities. To the extent
any capacity is provided outside the planning unit, the
State shall act to ensure such capacity is available and
is identified in the plan. The plan shall reserve to the State
authority to take such actions as may be necessary on be-
half of a regional or local planning unit, including com-
pacts with other States if appropriate, to assure the avail-
ability of such capacity when such planning unit has failed
in a timely way to provide adequate capacity for waste
volumes identified in the plan pursuant to paragraph (6).
‘‘(8) The plan shall describe solid waste management
practices and programs, based on the State’s environ-
mental and economic conditions, that promote source re-
duction and recycling. Such programs shall include public
education campaigns, and the plan’s description of such
programs shall include, but not be limited to, the following
areas:
‘‘(A) Coordination among State and local offi-
cials, including public education officials.
‘‘(B) Course curriculum development for pri-
mary and secondary schools regarding the benefits
of and opportunities to participate in source reduc-
tion and recycling programs.
‘‘(C) Projects to inform all members of the pub-
lic and private sectors, including government agen-
cies, institutions, the industrial and business com-
munities, and consumers, of the benefits of and op-
portunities to participate in source reduction and re-
cycling programs.
‘‘(9) The plan shall identify existing State and re-
gional markets for recyclable materials and actions that
the State will take to promote and develop recycling mar-
kets.
‘‘(10) The plan shall provide for a program requiring
that all solid waste management facilities register with the
State and requiring that only registered facilities may
manage solid waste identified in the plan. Such registra-
tion shall, at a minimum, include the name and address
of the owner and operator of the facility, the address of
the solid waste management facility, the type of solid
waste management used at the facility, and the amounts
of solid waste, by type and source, to be managed at the
facility.
‘‘(11) The plan shall provide for technical and finan-
cial assistance to local communities to meet the require-
ments of the plan.
‘‘(12) The plan shall specify the conditions under
which the State will authorize a person to accept solid
waste from other States, for purposes of solid waste man-
agement other than transportation, and the conditions
shall ensure that such waste is managed in accordance
with the plan and that acceptance of such waste will not
impede the ability of the State to manage solid waste gen-
erated within its borders.’’.
(2) Section 4003 of the Solid Waste Disposal Act (42
U.S.C. 6943) is amended by striking out subsection (d)
and inserting in lieu thereof the following:
‘‘(d) WASTE-TO-ENERGY FACILITIES.—It is the in-
tention of this Act and the planning process developed
pursuant to this Act that determinations regarding the
need for or size of waste-to-energy facilities for solid waste
management shall not in any way interfere with the
achievement, to the maximum extent possible, of the objec-
tives and policies of this Act.
‘‘(e) ADDITIONAL PLAN PROVISIONS.—Any State
plan submitted under this subtitle shall include provisions
to carry out each of the following unless the State dem-
onstrates, to the satisfaction of the Administrator, that
the inclusion of such a provision is not practicable:
‘‘(1) A policy requiring the State and political
subdivisions of the State to procure products made
with recyclable materials.
‘‘(2) A program to encourage composting of
yard waste, agricultural waste, and other waste
streams as appropriate.
‘‘(3) A system for curbside pickup of recyclable
materials that have been separated at their source,
or a system for separation of recyclable materials at
recycling facilities, or both.
‘‘(4)(A) A policy requiring—
‘‘(i) that recyclable materials in solid waste
from residences, commercial establishments,
and office buildings be separated, to the maxi-
mum extent economically practicable, prior to
treatment or disposal in solid waste manage-
ment facilities; and
‘‘(ii) the imposition of a surcharge on tip-
ping fees for any solid waste from commercial
establishments or office buildings that (I) is de-
livered to a landfill, waste-to-energy facility, or
waste treatment facility, and (II) from which
recyclable materials have not been separated at
their source.
‘‘(B) In carrying out the policy of this para-
graph, the State shall include the following types of
recyclable materials; corrugated cardboard, office
paper and paper products, newspaper, glass, plastic
materials and products, ferrous and nonferrous met-
als, yard waste, and beverage containers.’’.
(b) PLAN APPROVAL.—(1) Section 4006 of the Solid
Waste Disposal Act (42 U.S.C. 6946) is amended by add-
ing at the end the following:
‘‘(d) SUBMISSION
OF PLANS.—Not later than 6
months after the date of enactment of the States Solid
Waste Regulatory Authority Act, each State shall, after
consultation with interested parties and local govern-
ments, submit to the Administrator for approval a plan
that complies with the requirements of section 4003(a).
‘‘(e) FAILURE OF THE ADMINISTRATOR TO ACT ON
A STATE PLAN.—If the Administrator fails to approve or
disapprove a plan under section 4007(a) within 6 months
after a State plan has been submitted for approval, the
State plan as submitted shall become effective at the expi-
ration of 6 months after the date on which such plan was
submitted. The plan shall remain in effect as submitted
and subject to review by the Administrator and revision
in accordance with section 4007(a).’’.
(2) Section 4007(a) of the Solid Waste Disposal Act
(42 U.S.C. 6947(a)) is amended in paragraph (1) and in
paragraph (2)(A) by striking out ‘‘and (5)’’ and inserting
in lieu thereof ‘‘and (5) through (12)’’.
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