‘‘(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 fa-
cility. 
‘‘(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 a particular landfill or 
incinerator to the limitation amount described 
in paragraph (2). No such limit may conflict 
with provisions of a permit specifically author-
izing the owner or operator to accept, at the fa-
cility, 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 paragraph 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 a contract, permit, or 
host community agreement. 
‘‘(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 that imported more than 
750,000 tons of out-of-State municipal solid waste 
in 1993 (in this paragraph referred to as an ‘import-
ing State’) may establish a limit under this para-
graph on the amount of out-of-State municipal solid 
waste received pursuant to the authority of sub-
section (b)(1) for disposal at landfills and inciner-
ators in the importing State. A limit under this 
paragraph may be in addition to, or in lieu of, any 
other limit imposed under this subsection. A limit 
under this paragraph may be imposed 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 2003, the percentage shall be as 
specified in the following table:
‘‘Calendar year: 
Applicable 
percentage: 
2004 ...................................................................................................
2005 ...................................................................................................
2006 ...................................................................................................
2007 ...................................................................................................
2008 and thereafter ...........................................................................
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-
lished in the comprehensive solid waste management plan 
adopted by the affected local government pursuant to 
State law. No comprehensive solid waste management plan 
may expressly prohibit the importation of municipal solid 
waste from out of State. 
‘‘(e) IMPLEMENTATION AND ENFORCEMENT.—Any 
State may adopt such laws and regulations, not incon-
sistent with this section, as are necessary to implement 
and enforce this section, including provisions for penalties. 
‘‘(f) EFFECT
ON
INTERSTATE
COMMERCE.—No 
State limitation established as provided in subsection (c), 
no State planning and permitting process referred to in 
subsection (d), and no State law or regulation referred to