I
105TH CONGRESS
1ST SESSION
H. R. 1346
To amend the Solid Waste Disposal Act to provide congressional authorization
for restrictions on receipt of out-of-State municipal solid waste, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 16, 1997
Mr. GILCHREST (for himself, Mr. BARCIA of Michigan, Mr. DINGELL, Mr.
CALVERT, Mr. HOLDEN, Mr. GIBBONS, Ms. RIVERS, Ms. KILPATRICK,
Mr. CONYERS, Mr. LEVIN, Mr. BEREUTER, Mr. KILDEE, Ms. STABENOW,
and Mr. CLYBURN) introduced the following bill; which was referred to
the Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to provide congres-
sional authorization for restrictions on receipt of out-
of-State 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 ‘‘State and Local Gov-
ernment Interstate Waste Control Act of 1997’’.
TITLE I—INTERSTATE WASTE
SEC. 101. 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.—
‘‘(1) EXEMPTION
FROM
BAN.—Out-of-State
municipal 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 section if—
‘‘(A) the agreement specifically authorizes
the owner or operator to accept, at the landfill
or incinerator, out-of-State municipal solid
waste; and
‘‘(B) the owner or operator complies with
all of the terms and conditions of the host com-
munity agreement.
The owner or operator shall provide a copy of the
host community agreement, within 90 days after the
enactment of this Act, to the State and affected
local government and make such a copy available for
inspection by the public in the affected local commu-
nity.
‘‘(2) REQUIREMENT
FOR
COMPLIANCE
WITH
CERTAIN
REQUIREMENTS.—The exemption under
this subsection shall not apply to a landfill or incin-
erator in operation on the date of the enactment of
this section if the State determines that the landfill
or incinerator was not in compliance as of such date
with applicable Federal and State laws and regula-
tions relating to facility operation and design and—
‘‘(A) in the case of landfills, facility loca-
tion standards, leachate collection standards,
groundwater monitoring standards, and stand-
ards for financial assurance and for closure and
post-closure and corrective action, and
‘‘(B) in the case of incinerators, the appli-
cable requirements of section 120 of the Clean
Air Act (42 U.S.C. 7429).
‘‘(c) NEW HOST COMMUNITY AGREEMENTS.—
‘‘(1) EXEMPTION
FROM
BAN.—Out-of-State
municipal solid waste may be received at a landfill
or incinerator for disposal or incineration pursuant
to a host community agreement entered into on or
after the enactment of this section (hereinafter in
this section referred to as a ‘‘new host community
agreement) if the agreement specifically authorizes
the receipt of such waste and meets the require-
ments of paragraphs (2) through (5) of this sub-
section.
‘‘(2) REQUIREMENTS
FOR
AUTHORIZATION.—
An authorization to receive out-of-State municipal
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 meet-
ing; and remain in effect according to its terms.
Such authorization may specify terms and condi-
tions, including an amount of out-of-State waste
that an owner or operator may receive and the dura-
tion 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,
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
to be acquired by the owner or operator as well
as all facility units.
‘‘(C) A description of the then current en-
vironmental characteristics of the site, a de-
scription of ground water use in the area, and
a discussion of alterations that may be neces-
sitated by, or occur as a result of, the facility.
The description of groundwater use shall in-
clude identification of private wells and public
drinking water sources.
‘‘(D) A description of environmental con-
trols typically required to be used on the site
(pursuant to permit requirements), including
run on or run off management, or both, air pol-
lution control devices, source separation proce-
dures (if any), methane monitoring and control,
landfill covers, liners or leachate collection sys-
tems, and monitoring programs. In addition,
the description shall include a description of
any waste residuals generated by the facility,
including leachate or ash, and the planned man-
agement of the residuals.
‘‘(E) A description of site access controls
to be employed, and roadway improvements to
be made, by the owner or operator, and an esti-
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 opera-
tor, and any subsidiary of the owner or opera-
tor, 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 at least 15
days before holding a hearing under subpara-
graph (C), except where State law provides for
an alternate form of public notification; 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.
‘‘(d) EXEMPTION
FOR WASTE NOT SUBJECT
TO
HOST COMMUNITY AGREEMENTS.—
‘‘(1) IN
GENERAL.—Out-of-State municipal
solid waste received at a landfill or incinerator shall
be exempt from the presumptive ban contained in
subsection (a) if the owner or operator of the landfill
or incinerator provides either of the following to the
State in which the landfill or incinerator is located
and to the affected local government:
‘‘(A) PERMIT.—Information establishing
that, before the date of the enactment of this
section, the owner or operator of the landfill or
incinerator has received a State permit specifi-
cally authorizing the owner or operator to ac-
cept, at the landfill or incinerator, such out-of-
State municipal solid waste. This subparagraph
shall be effective only if the owner or operator
complies with all of the terms and conditions of
the permit and notifies the affected local gov-
ernment of the permit as soon as practicable
but not later than 90 days after the date of en-
actment of this section.
‘‘(B) DOCUMENTED
SHIPMENTS.—Infor-
mation establishing that during 1993, the land-
fill or incinerator received shipments of out-of-
State municipal solid waste. Such information
shall be in such documented form as will result
in criminal penalties under State law in case of
false or misleading information. Such informa-
tion shall include information about the date of
shipment, place of origin of such waste, and the
type of such waste.
‘‘(2) COMPLIANCE
WITH
CERTAIN
LAWS
RE-
QUIRED.—The exemption under this subsection shall
not apply to a landfill or incinerator in operation on
the date of the enactment of this section if the State
determines that the landfill or incinerator was not in
compliance as of such date with applicable Federal
and State laws and regulations relating to facility
operation and design and—
‘‘(A) in the case of landfills, facility loca-
tion standards, leachate collection standards,
groundwater monitoring standards, and stand-
ards for financial assurance and for closure and
post-closure and corrective action, and
‘‘(B) in the case of incinerators, the appli-
cable requirements of section 120 of the Clean
Air Act (42 U.S.C. 7429).
‘‘(3) AMOUNT
LIMITATION
ON
PARAGRAPH
(1)(B) EXEMPTION.—The amount of out-of-State mu-
nicipal solid waste exempt under paragraph (1)(B)
from the presumptive ban contained in subsection
(a) shall be determined as provided in this para-
graph.
‘‘(A) STATES NOT EXERCISING RATCHET
AUTHORITY UNDER SUBSECTION (F).—In States
which do not establish a limit on out-of-State
municipal solid waste under subsection (f) (re-
lating to the ratchet authority), the amount of
exempt out-of-State municipal solid waste shall
be determined under clause (i) or (ii).
‘‘(i) WASTE UNDER CONTRACT.—For
out-of-State municipal solid waste received
at the landfill or incinerator under a con-
tract in effect during 1993, the exemption
under paragraph (1)(B) shall apply only
for the longer of the following periods: (a)
the date 3 years after the enactment of
this section, and (b) the life of the contract
referred to in this subparagraph. For pur-
poses of this subparagraph the life of the
contract shall be determined without re-
gard to any renewal, novation, or other ex-
tension thereof (as determined under State
law). For out-of-State municipal solid
waste received at the landfill or incinerator
under a contract in effect during 1993, the
exemption under paragraph (1)(B) shall
apply only to the amount of out-of-State
municipal solid waste specified in the con-
tract unless a lower level is provided pur-
suant to a freeze under subsection (e).
‘‘(ii) SPOT WASTE.—For out-of-State
municipal solid waste received at the land-
fill or incinerator in the absence of a con-
tract in effect during 1993 the exemption
under paragraph (1)(B)—
‘‘(I) shall apply to the receipt of
out-of-State municipal solid waste
only for a period ending 3 years after
the enactment of this section; and
‘‘(II) shall not be limited in an
amount under this subsection but may
be limited pursuant to a freeze under
subsection (e).
‘‘(B) STATES
EXERCISING
RATCHET
AU-
THORITY UNDER SUBSECTION (F).—In States
which establish a limit on out-of-State munici-
pal solid waste under subsection (f) (relating to
the ratchet authority), the exemption under
paragraph (1)(B) shall be limited to the same
amounts and time periods as specified in sub-
paragraph (A), except that in lieu of the 3-year
period referred to in subparagraph (A) there
shall be substituted a period ending January 1,
2001.
‘‘(4) AVAILABILITY OF DOCUMENTATION.—The
owner or operator of a landfill or incinerator receiv-
ing waste pursuant to an exemption under this sub-
section shall make available for inspection by the
public in the affected local community, a copy of the
documentation referred to in paragraph (1). The
owner or operator may omit any proprietary infor-
mation contained in 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.
‘‘(5) 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)(B) if the
operating permit or license for the landfill or incin-
erator (or renewal thereof) was denied or revoked by
the appropriate State agency before the date of en-
actment of this section unless such permit or license
(or renewal) has been reinstated as of such date of
enactment.
‘‘(6) WASTE WITHIN BI-STATE METROPOLITAN
STATISTICAL AREAS.—A landfill or incinerator in a
State shall be exempt from the presumptive ban set
forth in subsection (a) if the out-of-State waste is
generated within, and the landfill or incinerator is
located within, the same bi-State level A metropoli-
tan statistical area (as defined by the Office of Man-
agement 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.
‘‘(7) EXEMPTION
UNDER
THIS
SUBSECTION
SUBJECT TO FREEZE OR RATCHET.—The authority
of a landfill or incinerator to receive out-of-State
municipal solid waste pursuant to an exemption
under this subsection may be limited by a State pur-
suant to either subsection (e) (relating to the freeze)
or subsection (f) (relating to the ratchet).
‘‘(e) AUTHORITY OF STATE TO FREEZE CERTAIN
EXEMPT OUT-OF-STATE MUNICIPAL SOLID WASTE.—
‘‘(1) FREEZE.—A State in which a landfill or
incinerator is located may establish a limit, as pro-
vided in this subsection, on the amount of out-of-
State municipal solid waste received annually for
disposal at each landfill or incinerator in the State
pursuant 
to 
an 
exemption 
under 
subsection
(d)(1)(B), or the affected local government may
limit the amount of out-of-State municipal solid
waste received annually for disposal at a particular
landfill or incinerator pursuant to an exemption
under subsection (d)(1)(B). For any landfill or in-
cinerator, a limit under this subsection shall be in
lieu of any limit under subsection (f) (relating to the
ratchet).
‘‘(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, any limitation under para-
graph (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 dur-
ing calendar year 1993. The limitation shall be zero
if no out-of-State municipal solid waste was received
for disposal at the landfill or incinerator concerned
during calendar year 1993. The documentation re-
ferred 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 ship-
ment, 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.
‘‘(4) EFFECT
ON
OTHER
LAWS.—Nothing in
this subsection shall be interpreted or construed to
have any effect on any State law relating to con-
tracts.
‘‘(f) RATCHET.—
‘‘(1) AUTHORITY.—Any State (hereinafter in
this subsection referred to as an ‘importing State’)
that imported more than 750,000 tons of out-of-
State municipal solid waste in 1993 may establish a
limit under this subsection on the amount of out-of-
State municipal solid waste received pursuant to the
authority of subsection (d)(1)(B) for disposal at
landfills and incinerators in the importing State. A
limit under this paragraph shall be in lieu of any
limit imposed under subsection (e) (relating to the
freeze). A limit under this paragraph may be im-
posed only if each of the following requirements are
met:
‘‘(A) The importing State shall notify the
Governor of the exporting State or States of the
proposed limit at least 12 months before impo-
sition of the limit.
‘‘(B) 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.
‘‘(C) The percentage reduction in the
amount of out-of-State municipal solid waste
which is received at each facility pursuant to
subsection (d)(1)(B) in the importing State at
which a limit may be established under this
subsection shall be uniform for all such facili-
ties.
‘‘(2) 
PERCENTAGE.—The 
limit 
established
under this subsection shall be a percentage of the
amount of out-of-State municipal solid waste gen-
erated in the exporting State during calendar year
1993 and received at facilities in the importing State
in which a limit is established under this subsection.
For any calendar year after 1997, the percentage
shall be as specified in the following table:
Applicable
‘‘Calendar year:
Percentage:
1998 .........................................................................................
1999 .........................................................................................
2000 .........................................................................................
after 2000 ................................................................................
50.
‘‘(g) NEEDS DETERMINATION.—Any comprehensive
solid waste management plan approved under Federal or
State law and any implementation of such plan through
the State permitting process may take into account local
and regional needs for solid waste disposal capacity. An
affected local government may make a determination that
there is no local or regional need for a new landfill or in-
cinerator or major modification creating additional capac-
ity at an existing facility in the area under the jurisdiction
of the affected local government. Such determination shall
be based on a finding that the proposed facility does not
have a host community agreement or is inconsistent with
the capacity needs established in the comprehensive solid
waste management plan adopted by the affected local gov-
ernment pursuant to State law. No comprehensive solid
waste management plan may expressly prohibit the impor-
tation of municipal solid waste from out of State.
‘‘(h) PERCENTAGE LIMITATION ON OUT-OF-STATE
MUNICIPAL SOLID WASTE.—
‘‘(1) PERCENTAGE
LIMITATIONS.—Any State
may, by law, provide that a State permit issued after
the date of enactment of this section for a new mu-
nicipal solid waste landfill or incinerator shall in-
clude an annual percentage limitation of not less
than 20 percent on the total amount of out-of-State
municipal solid waste received annually at the land-
fill or incincerator relative to the total amount of
municipal solid waste received annually at the land-
fill or incinerator.
‘‘(2) EXPANSION
OF
EXISTING
FACILITIES.—
The provisions of paragraph (1) of this subsection
shall apply to an expansion of an existing landfill or
incinerator in the same manner as such provisions
apply to a new landfill or incinerator. Landfills or
incinerators that are authorized to receive a specific
amount of out-of-State waste pursuant to a host
community agreement prior to the date of the enact-
ment of this section that exceeds the percentage lim-
itation may receive the specific amount authorized
pursuant to such host community agreement.
‘‘(3) REQUIREMENTS FOR PERCENTAGE LIMITA-
TIONS.—Any percentage limitation referred to in
paragraphs (1) and (2) shall be uniform for all such
municipal solid waste landfills or incinerators, and
no such percentage limitation may discriminate
against out-of-State municipal solid waste based on
the State of origin, unless the waste is received
under an agreement entered into under section
1005(b) pursuant to which the State and 1 or more
other States (hereinafter in this subsection referred
to as ‘exporting States’) have agreed upon a dif-
ferent percentage limitation for specific facilities for
municipal solid waste from any such exporting State
or States.
‘‘(i) IMPLEMENTATION
AND ENFORCEMENT.—Any
State may adopt such laws and regulations, not inconsist-
ent with this section, as are necessary to implement and
enforce this section, including provisions for penalties.
‘‘(j) EFFECT ON INTERSTATE COMMERCE.—No State
prohibition or limitation established as provided this sec-
tion, no State planning and permitting process referred
to in subsection (g), and no State law or regulation re-
ferred to in subsection (h) shall be considered to impose
an undue burden on interstate commerce or to otherwise
impair, restrain, or discriminate against interstate com-
merce.
‘‘(k) ANNUAL STATE REPORT.—Each year the owner
or operator of each landfill or incinerator receiving out-
of-State municipal solid waste shall submit to the Gov-
ernor of the State in which the landfill or incinerator is
located information specifying the amount of out-of-State
municipal solid waste received for disposal during the pre-
ceding year. Each year each such State shall publish and
make available to the public, a report containing informa-
tion on the amount of out-of-State municipal solid waste
received for disposal in the State during the preceding
year.
‘‘(l) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A) Ex-
cept as provided in subparagraphs (B) and (C), for
any landfill or incinerator, the term ‘affected local
government’ shall mean—
‘‘(i) the public body authorized by State
law to plan for the management of municipal
solid waste, a majority of the members of which
are elected officials, for the area in which the
landfill or incinerator is located or proposed to
be located, or
‘‘(ii) if there is no such body created by
State law, the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility for the use of land on
which the facility is located or proposed to be
located.
‘‘(B) In the case of host community agreements
entered into before January 1, 1993, for any landfill
or incinerator, the term shall mean either the public
body described in clause (i) of subparagraph (A) or
the elected officials of the city, town, township, bor-
ough, county, or parish exercising primary respon-
sibility for the use of land on which the facility is
located or proposed to be located.
‘‘(C) Two or more Governors of adjoining
States may use the authority provided in section
1005(b) to enter into an agreement under which
contiguous units of local government located in each
of the adjoining States may act jointly as the af-
fected local government for purposes of providing
authorization under subsection (a) for municipal
solid waste generated in one of such counties and
received for disposal or incineration in 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-
cally authorizes the landfill or incinerator to receive
out-of-State municipal solid waste.
‘‘(3) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
discarded for disposal by households, including sin-
gle and multifamily residences, and hotels and mo-
tels. The term also includes waste materials gen-
erated by commercial, institutional, and industrial
sources, to the extent such wastes are essentially the
same as waste normally generated by households or
were collected and disposed of with other municipal
solid waste as part of normal municipal solid waste
collection services, and regardless of when generated,
would be considered conditionally exempt small
quantity generator waste under section 3001(d). Ex-
amples of municipal solid waste include food and
yard waste, paper, clothing, appliances, consumer
product packaging, disposable diapers, office sup-
plies, cosmetics, glass and metal food containers, ele-
mentary or secondary school science laboratory
waste, and household hazardous waste. Such term
shall include debris resulting from construction, re-
modeling, repair, or demolition of structures other
than debris that is not otherwise commingled with
other municipal solid waste and has been determined
by the generator, to be contaminated. For purposes
of determining whether any such debris is contami-
nated, the generator shall conduct representative
sampling and analysis of such debris, the results of
which shall be submitted to the affected local gov-
ernment for record keeping purposes only, unless not
required by the affected local government. Any such
debris that has been determined to be contaminated
shall be disposed of in a landfill that meets, at a
minimum, the requirements of this subtitle. The
term does not include any of the following:
‘‘(A) Any solid waste identified or listed as
a hazardous waste under section 3001.
‘‘(B) Any solid waste, including contami-
nated soil and debris, resulting from—
‘‘(i) a response action taken under
section 104 or 106 of the Comprehensive
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 section 104 or 106, or
‘‘(iii) a corrective action taken under
this Act.
‘‘(C) 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 des-
tined for disposal, including scrap rubber to be
used as a fuel source.
‘‘(D) Materials and products returned
from a dispenser or distributor to the manufac-
turer or an agent of the manufacturer for cred-
it, evaluation, and possible reuse.
‘‘(E) Any solid waste that is—
‘‘(i) generated by an industrial facil-
ity; 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 or located on
property owned by the generator or a com-
pany with which the generator is affiliated
or the capacity of which is contractually
dedicated exclusively to a specific generator
so long as the disposal area complies with
local and State land use and zoning regula-
tions applicable to the disposal site.
‘‘(F) Any medical waste that is segregated
from or not mixed with solid waste.
‘‘(G) Sewage sludge and residuals from
any sewage treatment plant, including any sew-
age treatment plant required to be constructed
in the State of Massachusetts pursuant to any
court order issued against the Massachusetts
Water Resources Authority.
‘‘(H) Combustion ash generated by re-
source recovery facilities or municipal inciner-
ators, or waste from manufacturing or process-
ing (including pollution control) operations not
essentially the same as waste normally gen-
erated by households.
‘‘(4) 
OUT-OF-STATE
MUNICIPAL
SOLID
WASTE.—The term ‘out-of-State municipal solid
waste’, means, with respect to any State, municipal
solid waste generated outside of the State. The term
includes municipal solid waste generated outside of
the United States.
‘‘(5) RECYCLE
AND
RECYCLING.—The terms
‘recycle’ and ‘recycling’ mean—
‘‘(A) any process which produces any ma-
terial defined as ‘recycled’ under section 1004;
and
‘‘(B) any process by which materials are
diverted, separated from, or separately man-
aged from materials otherwise destined for dis-
posal as solid waste, by collecting, sorting, or
processing for use as raw materials or feed-
stocks in lieu of, or in addition to, virgin mate-
rials, including petroleum, in the manufacture
of usable materials or products.
‘‘(6) SPECIFIC AUTHORIZATION.—For purposes
of this section, the term ‘specifically authorizes’ re-
fers to an explicit authorization, contained in a host
community agreement or permit, to import waste
from outside the State. Such authorization may in-
clude a reference to a fixed radius surrounding the
landfill or incinerator which includes an area outside
the State or a reference to ‘any place of origin’, ref-
erence to specific places outside the State, or use of
such phrases as ‘regardless of origin’ or ‘outside the
State’. The language for such authorization may
vary as long as it clearly and affirmatively states 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 incinerator pro-
poses to import it. The term shall not include gen-
eral 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.’’.
Æ