and the affected local government and which
authorizes the landfill to receive municipal solid
waste generated outside the jurisdiction of the
affected local government; or
‘‘(ii) a written, legally binding contract for
disposal at a landfill of municipal solid waste
generated outside the State in which the landfill
is located that was in effect on May 31, 1992.
‘‘(f) CONTINUED APPLICABILITY OF SECTION CONDI-
TIONED ON CERTAIN LANDFILL REQUIREMENTS.—Sub-
sections (a) through (e) of this section shall not apply
after January 1, 1997, in a State unless each operating
municipal solid waste landfill in the State—
‘‘(1) meets the design and location standards
that are applicable to landfills constructed on and
after October 1993; or
‘‘(2) is on an enforceable schedule—
‘‘(A) to stop receiving waste by January 1,
2000; and
‘‘(B) to implement a closure plan.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘affected local government’, with
respect to a landfill, incinerator, or other waste dis-
posal facility, means the elected officials of the city,
town, borough, county, or parish in which the facil-
ity is located. Within 90 days after enactment of this
section, the Governor of each State shall designate
and publish notice of which entity listed in the pre-
ceding sentence shall serve as the affected local gov-
ernment for purposes of actions taken under this
section after the date of publication of such notice.
No such designation shall affect host agreements
concluded before the date of publication of such no-
tice. If the Governor fails to make such designation,
the affected local government shall be the city, town,
borough, county, parish, or other public body created
by or pursuant to State law with primary jurisdic-
tion over the use of the land on which the facility
is located or proposed to be located.
‘‘(2) The term ‘affected local solid waste plan-
ning unit’ means a political subdivision of a State
with authority relating to solid waste management
planning in accordance with state law.
‘‘(3) The term ‘out-of-State municipal solid
waste’, with respect to a State, means municipal
solid waste generated outside of the State.
‘‘(4) The term ‘municipal solid waste’ means
solid waste that is refuse (and refuse-derived fuel)
generated by the general public and from residential,
commercial, institutional, and industrial sources con-
sisting of paper, wood, yard wastes, food wastes,
plastics, leather, rubber, and other combustible ma-
terials and noncombustible materials such as metal,
glass, and rock. The term does not include—
‘‘(A) hazardous waste or waste containing
polychlorinated biphenyls;
‘‘(B) industrial waste;
‘‘(C) medical waste;
‘‘(D) recyclable materials that have been
separated from waste otherwise destined for
disposal (either at the source of the waste or at
processing facilities) or that have been managed
separately from waste destined for disposal; and
‘‘(E) materials and products returned from
a dispenser or distributor to the manufacturer
or its agent for credit, evaluation, and possible
reuse.
‘‘(5) The term ‘host agreement’ means a writ-
ten, legally binding agreement, lawfully entered into
between an owner or operator of a landfill or incin-
erator and an affected local government that author-
izes the landfill or incinerator to receive municipal
solid waste generated outside the jurisdiction of the
affected local government.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the Solid Waste Disposal Act is amended
by adding at the end of the items relating to subtitle D
the following new item:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.
SEC. 3. RECYCLING OF NEWSPRINT.
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act is amended by adding after section 4011 the
following new section:
‘‘SEC. 4012. RECYCLING OF NEWSPRINT.
‘‘(a) ANNUAL AGGREGATE USE.—(1) Effective Janu-
ary 1, 1996, at least 35 percent of the total amount of
newsprint used in publishing a covered newspaper during
a calendar year shall consist of recycled content.
‘‘(2) Effective January 1, 2004, at least 50 percent
of the total amount of newsprint used in publishing a cov-
ered newspaper during a calendar year shall consist of re-
cycled content.
‘‘(b) REPORTING REQUIREMENT.—Not later than
March 1 of each year, beginning with March 1, 1997, the
owner of a covered newspaper shall submit to the Adminis-
trator a report on the manner in which the owner complied
with the requirements of this section during the preceding
calendar year. The report shall include, at a minimum—
‘‘(1) the total amount of newsprint used in pro-
ducing the newspaper during such calendar year;
and
‘‘(2) the average amount of recycled content in
such newsprint during such calendar year, expressed
as a percentage of the total amount of newsprint re-
ported under paragraph (1).
‘‘(c) ENFORCEMENT.—If a covered newspaper does
not comply with an applicable recycled content require-
ment under subsection (a) with respect to a calendar year,
as determined by the Administrator, both of the following
provisions apply:
‘‘(1) PENALTY.—The owner of the covered
newspaper shall pay a penalty to the Administrator
in an amount equal to the amount determined by
multiplying the number of tons of newsprint in non-
compliance during such calendar year by $25. For
purposes of this paragraph, the number of tons of
newsprint in noncompliance is the amount equal to
the product of—
‘‘(A) the total number of tons of newsprint
used in producing such newspaper during such
calendar year, and
‘‘(B) the percentage equal to 100 percent
reduced by the percentage determined by divid-
ing—
‘‘(i) the average amount of recycled
content in the newsprint of such newspaper
during such calendar year (expressed as a
percentage of the total amount of news-
print used in producing such newspaper
during such calendar year), by
‘‘(ii) the percentage of recycled con-
tent required under subsection (a) for such
calendar year.
‘‘(2) CONTENT DISCLOSURE.—(A) Effective on
March 1 of the year following such calendar year,
the owner of the covered newspaper shall ensure that
the following language appears each day prominently
at the top of the front page of the newspaper: ‘The
newsprint on which the lllllllll is
printed does not meet the Federal Government’s re-
quired percentage of recycled content.’, with the
blank being filled in with the name of the news-
paper.
‘‘(B) The requirement of subparagraph (A)
shall continue in effect until the owner of the cov-
ered newspaper demonstrates to the Administrator
such newspapers, the Administrator, by rule, after notice
and opportunity for comment, may reduce the 50 percent
requirement set forth in paragraph (2) of subsection (a)
to prevent a significant increase in the price of such news-
print for such newspapers.
‘‘(f) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) The term ‘covered newspaper’ means a
newspaper with an average daily circulation of
200,000 or more.
‘‘(2) The term ‘recycled content’, when used in
connection with newsprint, means the portion of the
dry weight of the newsprint that is attributable to
previously used paper fibers.’’.
(b) TABLE OF CONTENTS.—The table of contents for
subtitle D of the Solid Waste Disposal Act (contained in
section 1001 of that Act) is amended by adding after the
item relating to section 4011 the following new item:
‘‘Sec. 4012. Recycling of newsprint.’’.
Æ
HR 4779 IH——2