‘‘SEC. 4011. RECEIPT AND DISPOSAL OF FOREIGN MUNIC-
IPAL SOLID WASTE.
‘‘(a) AUTHORITY.—A State may enact a law or laws
prohibiting or imposing limitations on the receipt and dis-
posal of foreign municipal solid waste.
‘‘(b) EFFECT ON INTERSTATE AND FOREIGN COM-
MERCE.—No State action taken as authorized by this sec-
tion shall be considered to impose an undue burden on
interstate and foreign commerce or to otherwise impair,
restrain, or discriminate against interstate and foreign
commerce.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) FOREIGN MUNICIPAL SOLID WASTE.—The
term ‘foreign municipal solid waste’ means munic-
ipal solid waste generated outside of the United
States.
‘‘(2) 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; and
‘‘(ii) 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)
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 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—
‘‘(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) Sewage sludge and residuals
from any sewage treatment plant.
‘‘(ix) Combustion ash generated by re-
source recovery facilities or municipal in-
cinerators, or waste from manufacturing or
processing (including pollution control) op-
erations not essentially the same as waste
normally generated by households.’’.
(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 foreign municipal solid waste.’’.
Æ