I 
108TH CONGRESS 
2D SESSION 
H. R. 4940
To amend the Solid Waste Disposal Act to authorize local governments 
and Governors to restrict receipt of out-of-State and foreign municipal 
solid waste, to direct the Administrator of the Environmental Protection 
Agency to carry out certain authorities under an agreement with Canada 
respecting the importation of municipal solid waste, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004
Mr. GILLMOR (for himself, Mr. DINGELL, Mr. GREENWOOD, Mr. ROGERS of 
Michigan, Mr. STUPAK, Mr. UPTON, Mr. HALL, Mr. STEARNS, Mr. PICK-
ERING, Mr. TAUZIN, Mr. TERRY, Mr. RADANOVICH, Mr. PITTS, Mr. 
DEAL of Georgia, Mrs. CUBIN, Mrs. MILLER of Michigan, Mr. OXLEY, 
Mr. BUYER, Mr. BILIRAKIS, Mr. KILDEE, Mr. SULLIVAN, Mr. GREEN of 
Texas, Mr. BROWN of Ohio, Mr. STRICKLAND, Mr. LEVIN, and Mr. ISSA) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To amend the Solid Waste Disposal Act to authorize local 
governments and Governors to restrict receipt of out-
of-State and foreign municipal solid waste, to direct the 
Administrator of the Environmental Protection Agency 
to carry out certain authorities under an agreement with 
Canada respecting the importation of 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 ‘‘Municipal Solid Waste 
Responsibility Act of 2004’’. 
SEC. 2. INTERSTATE AND INTERNATIONAL TRANSPOR-
TATION 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 sections: 
‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL 
OF MUNICIPAL SOLID WASTE. 
‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE 
WASTE.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION.—A landfill or incin-
erator in a State may not receive for disposal 
or incineration any out-of-State municipal solid 
waste unless the owner or operator of such 
landfill or incinerator obtains explicit authoriza-
tion (as part of a host community agreement) 
from the affected local government to receive 
the waste.
‘‘(B) REQUIREMENTS
FOR
AUTHORIZA-
TION.—An authorization granted pursuant to 
subparagraph (A) shall—
‘‘(i) be granted by formal action at a 
meeting; 
‘‘(ii) be recorded in writing in the offi-
cial record of the meeting; and 
‘‘(iii) remain in effect according to its 
terms. 
‘‘(C) DISCRETIONARY TERMS AND CONDI-
TIONS.—An authorization granted pursuant to 
subparagraph (A) may specify terms and condi-
tions, including an amount of out-of-State 
waste that an owner or operator may receive 
and the duration of the authorization. 
‘‘(D) NOTIFICATION.—Promptly, but not 
later than 90 days after an authorization is 
granted, the affected local government shall no-
tify the Governor, contiguous local govern-
ments, and any contiguous Indian tribes of an 
authorization granted under this subsection. 
‘‘(2) INFORMATION.—Prior to seeking an au-
thorization to receive out-of-State municipal solid 
waste pursuant to this subsection, the owner or op-
erator of the facility seeking such authorization shall
provide (and make readily available to the Governor, 
each contiguous local government and Indian tribe, 
and any other interested person for inspection and 
copying) the following 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 
and ultimate waste capacity of the facility, and 
the anticipated monthly and yearly quantities 
(expressed in terms of volume) of waste to be 
handled. 
‘‘(B) A map of the facility site indicating 
location in relation to the local road system and 
topography and hydrogeological features. The 
map shall indicate any buffer zones to be ac-
quired 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 (in-
cluding identification of private wells and public 
drinking water sources), and a discussion of al-
terations that may be necessitated by, or occur 
as a result of, the facility.
‘‘(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 
pollution control devices, source separation pro-
cedures (if any), methane monitoring and con-
trol, landfill covers, liners or leachate collection 
systems, 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 oper-
ator, and any subsidiary of the owner or oper-
ator, 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. 
‘‘(3) NOTIFICATION.—Prior to taking formal 
action with respect to granting authorization to re-
ceive out-of-State municipal solid waste pursuant to 
this subsection, an affected local government shall—
‘‘(A) notify the Governor, contiguous local 
governments, and any contiguous Indian tribes;