‘‘(B) the Governor of the importing State
has notified the Governor of the exporting State
and the Administrator of the violation by the
exporting State of this section at least 90 days
prior to the enforcement of this section; and
‘‘(C) the restrictions imposed by the Gov-
ernor of the importing State are uniform at all
facilities within the State receiving municipal
solid waste from the exporting State.
‘‘(3) DURATION.—The authority provided by
paragraph (1) or (2) or both shall apply for as long
as a State exceeds the levels allowable under para-
graph (1) or (2), as the case may be.
‘‘(4) UNIFORMITY.—Any restriction imposed by
a State under paragraph (1) or (2)—
‘‘(A) shall be applicable throughout the
State;
‘‘(B) shall not directly or indirectly dis-
criminate against any particular landfill or in-
cinerator within the State; and
‘‘(C) shall not directly or indirectly dis-
criminate against any shipments of out-of-State
municipal solid waste on the basis of State of
origin, in the case of States in violation of para-
graph (1) or (2).
‘‘(e) AUTHORIZATION NOT REQUIRED FOR CERTAIN
FACILITIES.—
‘‘(1) IN GENERAL.—The prohibition on the dis-
posal of out-of-State municipal solid waste under
subsection (a)(1) shall not apply to landfills and in-
cinerators in operation on the date of enactment of
this section that received during calendar year 1993
documented shipments of out-of-State municipal
solid waste.
‘‘(2) AVAILABILITY OF DOCUMENTATION.—The
owner or operator of a landfill or incinerator that 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 affected
local community, a copy of the host community
agreement or other documentation required under
paragraph (1). The owner or operator may omit
from such copy or other documentation any propri-
etary information, but shall ensure that at least the
following information is apparent: the volume of out-
of-State municipal solid waste received, the place of
origin of the waste, and the duration of any relevant
contract.
‘‘(3) 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.
‘‘(4) 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) that contains two contiguous
major cities each of which is in a different State.
‘‘(f) NEEDS DETERMINATION.—Any comprehensive
solid waste management plan adopted by an affected local
government pursuant to Federal or State law may take
into account local and regional needs for solid waste dis-
posal capacity. Any implementation of such plan through
the State permitting process may take into account local
and regional needs for solid waste disposal capacity only
in a manner that is not inconsistent with the provisions
of this section. Nothing in this subsection shall be con-
strued to prohibit or preclude any State government or
solid waste management district, as defined under State
law from requiring any affected local government to site,
construct, or modify any solid waste facility.
‘‘(g) COST RECOVERY SURCHARGE.—
‘‘(1) AUTHORITY.—Both of the States directly
affected by the decision of the Supreme Court in the
case of Oregon Waste Systems, Inc. v. Department
of Environmental Quality, 114 S. Ct. 1345 (1994)
may impose and collect a cost recovery surcharge on
the combustion or disposal in a landfill or inciner-
ator of out-of-State municipal solid waste in such
State.
‘‘(2) LIMITATION.—During the period begin-
ning on the date of enactment of this section and
ending on December 31, 1997, no such State may
impose or collect a cost recovery surcharge from a
facility on any out-of-State municipal solid waste
that meets both of the following conditions:
‘‘(A) The waste is being received at the fa-
cility under one or more contracts entered into
before the date of enactment of this section.
‘‘(B) The amount of waste being received
in a calendar year under the contract or con-
tracts does not exceed the amount of waste re-
ceived at the facility during calendar year 1993.
‘‘(3) AMOUNT OF SURCHARGE.—The amount of
the cost recovery surcharge may be no greater than
the amount necessary to recover those costs deter-
mined in conformance with paragraph (5) and in no
event may exceed $2 per ton of waste.
‘‘(4) USE
OF
SURCHARGE
COLLECTED.—All
cost recovery surcharges collected by a State covered
by this subsection shall be used to fund those solid
waste management programs administered by the
State or its political subdivisions that incur costs for
which the surcharge is collected.
‘‘(5) CONDITIONS.—(A) Subject to subpara-
graphs (B) and (C), a State covered by this sub-
section may impose and collect a cost recovery sur-
charge on the combustion or disposal within the
State of out-of-State municipal solid waste if—
‘‘(i) the State demonstrates a cost to the
State arising from the combustion or disposal
within the State of a volume of municipal solid
waste from a source outside the State;
‘‘(ii) the surcharge is based on those costs
to the State demonstrated under subparagraph
(A) that, if not paid for through the surcharge,
would otherwise have to be paid or subsidized
by the State; and
‘‘(iii) the surcharge is compensatory and is
not discriminatory.
‘‘(B) In no event shall a cost recovery surcharge
be imposed by a State to the extent that the cost for
which recovery is sought is otherwise recovered by
any other fee or tax assessed against the generation,
transportation, treatment, combustion, or disposal of
solid waste.
‘‘(C) The grant of a subsidy by a State with re-
spect to entities disposing of waste generated within
the State does not constitute discrimination for pur-
poses of subparagraph (A)(iii).
‘‘(6) BURDEN OF PROOF.—In any proceeding in
which a State invokes this subsection to justify a
cost recovery surcharge on the combustion or dis-
posal within the State of out-of-State municipal solid
shall be disposed of in a landfill that meets, at a
minimum, the requirements of this subtitle.
‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall
be interpreted or construed to have any effect on State
law relating to contracts.
‘‘(k) DEFINITIONS.—As used in 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—
‘‘(I) the elected officials of the city,
town, township, borough, county, or parish
selected by the Governor and exercising
primary responsibility over municipal solid
waste management or the use of land in
the jurisdiction in which the facility is lo-
cated or is proposed to be located; or
‘‘(II) if a Governor fails to make a se-
lection under subclause (I), and publish a
notice regarding the selection, within 90
days after the date of enactment of this
section, the elected officials of the city,
town, township, borough, county, parish, or
other public body created pursuant to
State law with primary jurisdiction over
the land or the use of land on which the
facility is located or is proposed to be lo-
cated.
The Governor shall publish a notice regarding the
selection described in clause (ii).
‘‘(B) Notwithstanding subparagraph (A), for
purposes of host community agreements entered into
before the date of enactment of this section (or be-
fore the date of publication of notice, in the case of
subparagraph (A)(ii)), the term shall mean either
the public body described in clause (i) or 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 pro-
posed to be located.
‘‘(C) 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 under subsection (a) for municipal
solid waste generated in one of such counties and re-
ceived for disposal or incineration in another.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding document or documents executed by
duly authorized officials of the affected local govern-
ment that specifically authorizes a landfill or inciner-
ator to receive municipal solid waste generated out-
of-State, but does not include any agreement to pay
host community fees for receipt of waste unless ad-
ditional express authorization to receive out-of-State
municipal solid waste is also included.
‘‘(3) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means refuse (and refuse-de-
rived fuel) generated by the general public, from a
residential source, or from a commercial, institu-
tional, or industrial source (or any combination
thereof) to the extent such waste is essentially the
same as waste normally generated by households or
was collected and disposed of with other municipal
solid waste as part of normal municipal solid waste
collection services, and regardless of when generated,
would be considered conditionally exempt small
quantity generator waste under section 3001(d),
such as paper, food, wood, yard wastes, plastics,
leather, rubber, appliances, or other combustible or
noncombustible materials such as metal or glass (or
any combination thereof). The term ‘municipal solid
waste’ does not include any of the following:
‘‘(A) Any solid waste identified or listed as
a hazardous waste under section 3001.
‘‘(B) Any solid waste, including contami-
nated soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C.
9604 or 9606) or a corrective action taken
under this Act.
‘‘(C) 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 des-
tined for disposal.
‘‘(D) Any solid waste that is—
‘‘(i) generated by an industrial facil-
ity; and
‘‘(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator
of the waste, or is located on property
owned by the generator of the waste, or is
located on property owned by a company
with which the generator is affiliated.
‘‘(E) Any solid waste generated incident to
the provision of service in interstate, intrastate,
foreign, or overseas air transportation.
‘‘(F) Sewage sludge and residuals from
any sewage treatment plant, including any sew-
age treatment plant required to be constructed
in the State of Massachusetts pursuant to any
court order issued against the Massachusetts
Water Resources Authority.
‘‘(G) Combustion ash generated by re-
source recovery facilities or municipal inciner-
ators, or waste from manufacturing or process-
ing (including pollution control) operations not
essentially the same as waste normally gen-
erated by households.
‘‘(H) Any medical waste that is segregated
from or not mixed with municipal solid waste
(as otherwise defined in this paragraph).
‘‘(I) Any material or product returned
from a dispenser or distributor to the manufac-
turer for credit, evaluation, or possible reuse.
‘‘(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. Unless
the President determines it is not consistent with
the North American Free Trade Agreement and the
General Agreement on Tariffs and Trade, the term
shall include municipal solid waste generated outside
of the United States.
‘‘(5) SPECIFICALLY
AUTHORIZED.—The term
‘specifically authorizes’ refers to an explicit author-
ization, contained in a host community agreement or
permit, to import waste from outside the State.
Such authorization may include a reference to a
fixed radius surrounding the landfill or incinerator
that includes an area outside the State or a ref-
erence 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 lan-