in subsection (e) shall be considered to impose an undue 
burden on interstate commerce or to otherwise impair, re-
strain, or discriminate against interstate commerce. 
‘‘(g) ANNUAL STATE REPORT.—Each year the owner 
or operator of each landfill or incinerator receiving out-
of-State municipal solid waste shall submit to the Gov-
ernor of the State in which the landfill or incinerator is 
located information specifying the amount of out-of-State 
municipal solid waste received for disposal during the pre-
ceding year. Each year each such State shall publish and 
make available to the public a report containing informa-
tion on the amount of out-of-State municipal solid waste 
received for disposal in the State during the preceding 
year. 
‘‘(h) DEFINITIONS.—For purposes of this section: 
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—(A) 
For any landfill or incinerator, the term ‘affected 
local government’ means—
‘‘(i) 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 the 
landfill or incinerator is located or proposed to 
be located; or
‘‘(ii) if there is no such body created by 
State law, the elected officials of the city, town, 
township, borough, county, or parish exercising 
primary responsibility for the use of land on 
which the facility is located or proposed to be 
located. 
No host community agreement that is entered into 
by the elected officials described in clause (ii) may 
be overturned by an act of a public body described 
in clause (i) if such body is created by State law 
after the execution of such host community agree-
ment. 
‘‘(B) Two or more Governors of adjoining 
States may use the authority provided in section 
1005(b) to enter into an agreement under which 
contiguous units of local government located in each 
of the adjoining States may act jointly as the af-
fected local government for purposes of providing 
authorization for municipal solid waste generated in 
the jurisdiction of one of such units of local govern-
ment and received for disposal or incineration in an-
other. 
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The 
term ‘host community agreement’ means a written, 
legally binding agreement, lawfully entered into 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; 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. 
‘‘(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