surance for closure and post-closure care and
corrective 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 pursu-
ant to paragraph (1)(A)(ii), if out-of-State
municipal 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 contract.
‘‘(II) The period ending 6 years
after the enactment of this section.
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)(A)(ii), if out-of-State municipal solid
waste was received at such landfill or in-
cinerator during 1993 in the absence of a
contract, 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 re-
ceive out-of-State municipal solid waste
pursuant to paragraph (1)(A)(ii), 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 received under the contract and
clause (iii) shall apply to the other munici-
pal 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 pursu-
ant to paragraph (1)(A)(ii), if out-of-State
municipal 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 contract.
‘‘(II) The period ending January
1, 2000.
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)(A)(ii), if out-of-State municipal solid
waste was received at such landfill or in-
cinerator during 1993 in the absence of a
contract, 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 re-
ceive out-of-State municipal solid waste
pursuant to paragraph (1)(A)(ii), 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 received under the contract and
clause (iii) shall apply to the other munici-
pal 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 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—
‘‘(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
FACILI-
TIES.—At the request of an affected local gov-
ernment that has not executed a host commu-
nity agreement, the State may limit the amount
of out-of-State municipal solid waste received
annually for disposal at the landfill or inciner-
ator concerned to the limitation amount de-
scribed 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 con-
strued to have any effect on any State law re-
lating 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 inciner-
ator concerned during calendar year 1993. The doc-
umentation 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
authorized under this section.
‘‘(B) The limitation amount of zero referred to
in subparagraph (A) shall not be applicable to re-
ceipt of any out-of-State municipal solid waste by
the landfill 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.—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.
‘‘(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 mu-
nicipal solid waste in 1993 may establish a limit
under this paragraph on the amount of out-of-State
municipal solid waste received pursuant to the au-
thority 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 sub-
section. A limit under this paragraph may be im-
posed 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
receipt 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 impo-
sition 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 para-
graph shall be a percentage of the amount of out-
of-State municipal solid waste generated in the ex-
porting State during calendar year 1993 and re-
ceived at facilities in the importing State in which
a limit is established under this paragraph. For any
calendar year after 1994, the percentage shall be as
specified in the following table:
Applicable
‘‘Calendar year:
Percentage:
1996 .........................................................................................
1997 .........................................................................................
1998 .........................................................................................
1999 .........................................................................................
after 1999 ................................................................................
50.
‘‘(d) 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 to an existing facility in
the area under the jurisdiction of the affected local govern-
ment. 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 estab-