endar year levels or percentages of calendar year lev-
els;
‘‘(6) requiring companies to publicly disclose in-
formation about previous health and safety viola-
tions before opening new landfills or incinerators;
‘‘(7) regulating and restricting modes of trans-
portation for out-of-State municipal solid waste; and
‘‘(8) requiring inspectors at landfills, inciner-
ators, and transfer stations that accept out-of-State
municipal solid waste.
‘‘(b) EXCEPTION.—A State may not, until after the
expiration of 2 years after the date of the enactment of
this section, limit, restrict, or regulate out-of-State munic-
ipal solid waste received or disposed of annually at a land-
fill or incinerator in the State under subsection (a) to the
extent that a host community agreement specifically au-
thorizes the receipt of such waste.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—The
term ‘affected local government’ means—
‘‘(A) 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 a
landfill or incinerator is located or proposed to
be located;
‘‘(B) if there is no such body authorized by
State law, the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility over municipal solid
waste management or the use of land in the ju-
risdiction in which a landfill or incinerator is lo-
cated or proposed to be located; or
‘‘(C) contiguous units of local government
located in each of 2 or more adjoining States
acting jointly as an affected local government,
pursuant to the authority provided in section
1005(b), for purposes of providing authoriza-
tion under subsection (b) for municipal solid
waste generated in the jurisdiction of one of
those units of local government and received for
disposal or incineration in the jurisdiction of
another.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding agreement, lawfully entered into be-
fore the date of the enactment of this section 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.—
‘‘(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;
‘‘(ii) sewage sludge and residuals from
any sewage treatment plant;
‘‘(iii) combustion ash generated by re-
source recovery facilities or municipal in-
cinerators;
‘‘(iv) petroleum contaminated soil; and
‘‘(v) 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 (other than petroleum 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) Waste from manufacturing or
processing (including pollution control) op-
erations not essentially the same as waste
normally generated 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 and includes municipal solid waste
generated outside of the State that has passed
through a transfer facility or other interim holding
facility inside the State.
‘‘(5) RECYCLABLE MATERIALS.—The term ‘re-
cyclable materials’ means materials that are di-
verted, separated from, or separately managed from
materials otherwise destined for disposal as solid
waste, by collecting, sorting, or processing for use as
raw materials or feedstocks in lieu of, or in addition
to, virgin materials, including petroleum, in the
manufacture of usable materials or products.
‘‘(6) SPECIFICALLY
AUTHORIZES.—The term
‘specifically authorizes’ refers to an explicit author-
ization, contained in a host community agreement or
permit, to import municipal solid waste from outside
the State. Such authorization may include a ref-
erence to a fixed radius surrounding the landfill or
incinerator which includes an area outside the State
or a reference to ‘any place of origin’, reference to
specific places outside the State, or use of such
phrases as ‘regardless of origin’ or ‘outside the
State’. The language for such authorization must
clearly and affirmatively state the approval or con-
sent of the affected local government or State for re-
ceipt of municipal solid waste from sources or loca-
tions outside the State from which the owner or op-
erator of a landfill or incinerator proposes to import
it. The term shall not include general 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.’’.
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