[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4779 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 676

103d CONGRESS

  2d Session

                               H. R. 4779

_______________________________________________________________________

                                 AN ACT

 To amend the Solid Waste Disposal Act to authorize local governments 
   and Governors to restrict receipt of out-of-State municipal solid 
                     waste, and for other purposes.

_______________________________________________________________________

           September 28 (legislative day, September 12), 1994

            Received; read twice and placed on the calendar





                                                       Calendar No. 676
103d CONGRESS
  2d Session
                                H. R. 4779


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 12), 1994

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 To amend the Solid Waste Disposal Act to authorize local governments 
   and Governors to restrict receipt of out-of-State municipal solid 
                     waste, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Government 
Interstate Waste Control Act of 1994''.

SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new section:

``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 incinerator 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 authorization (as part of a host community 
                agreement) from the affected local government to 
                receive the waste.
                    ``(B) Requirements for authorization.--An 
                authorization granted pursuant to subparagraph (A) 
                shall--
                            ``(i) be granted by formal action at a 
                        meeting;
                            ``(ii) be recorded in writing in the 
                        official record of the meeting; and
                            ``(iii) remain in effect according to its 
                        terms.
                    ``(C) Discretionary terms and conditions.--An 
                authorization granted pursuant to subparagraph (A) may 
                specify terms and conditions, 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 notify the Governor, contiguous 
                local governments, and any contiguous Indian tribes of 
                an authorization granted under this subsection.
            ``(2) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to this 
        subsection, the owner or operator 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, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size, ultimate 
                waste capacity, and the anticipated monthly and yearly 
                quantities of (expressed in terms of volume) 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 acquired by the owner 
                or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area (including 
                identification of private wells and public drinking 
                water sources), and a discussion of alterations that 
                may be necessitated by, or occur as a result of, the 
                facility.
                    ``(D) A description of environmental controls 
                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 procedures (if any), methane 
                monitoring and control, 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 
                management 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 estimate 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 requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preopera-tional and postoperational 
                levels.
                    ``(H) Any information that is required by State or 
                Federal law to be provided with respect to any 
                violations of environmental laws (including 
                regulations) by the owner, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective 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 respect 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 respect 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 receive 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;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation at least 30 days before holding 
                a hearing and again at least 15 days before holding the 
                hearing, except where State law provides for an 
                alternate form of public notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
    ``(b) Authorization Not Required for Certain Facilities.--
            ``(1) In general.--A landfill or incinerator may receive 
        for disposal or incineration out-of-State municipal solid waste 
        in the absence of an authorization under subsection (a) if each 
        of the following requirements are met:
                    ``(A) The owner or operator shall provide either of 
                the following to the Governor of the State in which the 
                landfill or incinerator is located and to the affected 
                local government:
                            ``(i) Information establishing that, before 
                        the date of the enactment of this section, the 
                        owner or operator of the landfill or 
                        incinerator has entered into a host community 
                        agreement or received a State permit, 
                        specifically authorizing the owner or operator 
                        to accept, at the landfill or incinerator, out-
                        of-State municipal solid waste. This clause 
                        shall be effective only if the owner or 
                        operator complies with all of the terms and 
                        conditions of the host community agreement or 
                        permit and, in the case of a permit, notifies 
                        the affected local government of the permit, as 
                        soon as practicable but not later than 90 days 
                        after the date of enactment of this section.
                            ``(ii) Information establishing that during 
                        1993, the landfill or incinerator received 
                        shipments of out-of-State municipal solid 
                        waste. Such information shall be in such 
                        documented form as will result in criminal 
                        penalties under State law in case of false or 
                        misleading information. Such information shall 
                        include information about the date of shipment, 
                        place of origin of the waste, and the type of 
                        waste.
                    ``(B) In the case of a landfill or incinerator in 
                operation on the date of the enactment of this section, 
                the landfill or incinerator must be in compliance as of 
                such date with applicable Federal and State 
                environmental laws (including regulations), including, 
                in the case of landfills, applicable laws and 
                regulations relating to design and location standards, 
                leachate collection, ground water monitoring, and 
                financial assurance for closure and post-closure care 
                and corrective action.
            ``(2) Amount received under paragraph (1)(A)(ii).--
                    ``(A) States not exercising ratchet authority under 
                (c)(5).--
                            ``(i) Facilities covered.--This 
                        subparagraph shall cover only landfills and 
                        incinerators in States which do not establish a 
                        limit on out-of-State municipal solid waste 
                        under subsection (c)(5).
                            ``(ii) Waste under contract.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1)(A)(ii), if out-of-State municipal 
                        solid waste was received at such landfill or 
                        incinerator during 1993 under a contract, 
                        paragraph (1)(A)(ii) shall apply to the amount 
                        of out-of-State municipal solid waste specified 
                        in the contract for the longer of the following 
                        periods:
                                    ``(I) The life of the contract.
                                    ``(II) The period ending 6 years 
                                after the enactment of this section.
                        For purposes of subclause (I), the term `life 
                        of the contract' shall not include any renewal, 
                        novation, or other extension thereof (as 
                        determined under State law).
                            ``(iii) Spot waste.--For a landfill or 
                        incinerator covered by this subparagraph and 
                        authorized to receive out-of-State municipal 
                        solid waste pursuant to paragraph (1)(A)(ii), 
                        if out-of-State municipal solid waste was 
                        received at such landfill or incinerator during 
                        1993 in the absence of a contract, paragraph 
                        (1)(A)(ii) shall apply to the receipt of out-
                        of-State municipal solid waste for a period 
                        ending 3 years after the enactment of this 
                        section.
                            ``(iv) Contract and spot waste.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1)(A)(ii), if out-of-State municipal 
                        solid waste was received at such landfill or 
                        incinerator during 1993 both under a contract 
                        and otherwise, clause (ii) shall apply with 
                        respect to the waste received under the 
                        contract and clause (iii) shall apply to the 
                        other municipal solid waste received at the 
                        landfill or incinerator.
                    ``(B) States exercising ratchet authority under 
                (c)(5).--
                            ``(i) Facilities covered.--This 
                        subparagraph shall cover only landfills and 
                        incinerators in States which establish a limit 
                        on out-of-State municipal solid waste under 
                        subsection (c)(5).
                            ``(ii) Waste under contract.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1)(A)(ii), if out-of-State municipal 
                        solid waste was received at such landfill or 
                        incinerator during 1993 under a contract, 
                        paragraph (1)(A)(ii) shall apply to the amount 
                        of out-of-State municipal solid waste specified 
                        in the contract for the longer of the following 
                        periods:
                                    ``(I) The life of the contract.
                                    ``(II) The period ending January 1, 
                                2000.
                        For purposes of subclause (I), the term `life 
                        of the contract' shall not include any renewal, 
                        novation, or other extension thereof (as 
                        determined under State law).
                            ``(iii) Spot waste.--For a landfill or 
                        incinerator covered by this subparagraph and 
                        authorized to receive out-of-State municipal 
                        solid waste pursuant to paragraph (1)(A)(ii), 
                        if out-of-State municipal solid waste was 
                        received at such landfill or incinerator during 
                        1993 in the absence of a contract, paragraph 
                        (1)(A)(ii) shall apply to the receipt of out-
                        of-State municipal solid waste for a period 
                        ending January 1, 2000.
                            ``(iv) Contract and spot waste.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1)(A)(ii), if out-of-State municipal 
                        solid waste was received at such landfill or 
                        incinerator during 1993 both under a contract 
                        and otherwise, clause (ii) shall apply with 
                        respect to the waste received under the 
                        contract and clause (iii) shall apply to the 
                        other municipal solid waste received at the 
                        landfill or incinerator.
            ``(3) Availability of documentation.--The owner or operator 
        of a landfill or incinerator which 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 any proprietary information contained in the 
        contracts, but shall ensure that at least the following 
        information is apparent: the volume of out-of-State municipal 
        solid waste to be received, the source of the waste, and the 
        duration of the contract.
            ``(4) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste in the absence of a host community 
        agreement if the operating permit or license for the landfill 
        or incinerator (or renewal thereof) was denied or revoked by 
        the appropriate State agency before the date of enactment of 
        this section unless such permit or license (or renewal) has 
        been reinstated as of such date of enactment.
            ``(5) 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 authorization under subsection (a) from the affected 
        local government if the out-of-State waste is generated within, 
        and the landfill or incinerator is located within, the same bi-
        State level A metropolitan statistical area (as defined by the 
        Office of Management and Budget and as listed by the Office of 
        Management and Budget as of the date of enactment of this 
        section) which contains two contiguous major cities each of 
        which is in a different State.
    ``(c) Authority of State To Restrict Out-of-State Municipal Solid 
Waste.--
            ``(1) Limitations on amount of waste received.--
                    ``(A) Limit for all facilities in the state.--A 
                State may limit the amount of out-of-State municipal 
                solid waste received annually for disposal at each 
                landfill or incinerator in the State to the limitation 
                amount described in paragraph (2), except as provided 
                in this subsection. No such limit may conflict--
                            ``(i) with provisions of a permit 
                        specifically authorizing the owner or operator 
                        to accept, at the facility, out-of-State 
                        municipal solid waste, or
                            ``(ii) with a host community agreement 
                        entered into between the owner or operator of 
                        any such landfill or incinerator and the 
                        affected local government.
                    ``(B) Conflict.--A limit referred to in 
                subparagraph (A) shall be treated as conflicting with a 
                permit or host community agreement if--
                            ``(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 facility.
                    ``(C) Limit for particular facilities.--At the 
                request of an affected local government that has not 
                executed a host community agreement, the State may 
                limit the amount of out-of-State municipal solid waste 
                received annually for disposal at the landfill or 
                incinerator concerned to the limitation amount 
                described in paragraph (2). No such limit may conflict 
                with provisions of a permit specifically authorizing 
                the owner or operator to accept, at the facility, out-
                of-State municipal solid waste.
                    ``(D) Effect on other laws.--Nothing in this 
                subsection shall be interpreted or construed to have 
                any effect on any State law relating 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 referred 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 incinerator 
        concerned during calendar year 1993. The documentation referred 
        to in this subparagraph 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 receipt in calendar year 1993 of municipal solid 
        waste that was not received under contract or otherwise 
        authorized under this section.
            ``(B) The limitation amount of zero referred to in 
        subparagraph (A) shall not be applicable to receipt 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 
        (hereinafter in this paragraph referred to as an `importing 
        State') that imported more than 750,000 tons of out-of-State 
        municipal solid waste in 1993 may establish a limit under this 
        paragraph on the amount of out-of-State municipal solid waste 
        received pursuant to the authority of subsection (b)(1)(A)(ii) 
        for disposal at landfills and incinerators in the importing 
        State. A limit under this paragraph shall 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 imposition 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 enforcement 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 importing State at which a limit 
                may be established under this paragraph shall be 
                uniform for all such facilities.
            ``(B) The limit established under this paragraph shall be a 
        percentage of the amount of out-of-State municipal solid waste 
        generated in the exporting State during calendar year 1993 and 
        received at facilities in the importing State in which a limit 
        is established under this paragraph. For any calendar year 
        after 1994, the percentage shall be as specified in the 
        following table:

                                                             Applicable
``Calendar year:                                            Percentage:
    1996..........................................               85    
    1997..........................................               75    
    1998..........................................               65    
    1999..........................................               55    
    after 1999....................................              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 incinerator or 
major modification to an existing facility in the area under the 
jurisdiction of the affected local government. 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 
established 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 inconsistent 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 in subsection (e) shall be considered to impose 
an undue burden on interstate commerce or to otherwise impair, 
restrain, 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 Governor 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 preceding 
year. Each year each such State shall publish and make available to the 
public, a report containing information 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' shall mean--
                    ``(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,
        except that for purposes of host community agreements entered 
        into before the date of enactment of this section, the term 
        shall mean either the public body described in subparagraph (A) 
        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 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 agreement.
            ``(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 
        affected local government for purposes of providing 
        authorization under subsection (a) for municipal solid waste 
        generated in one of such counties and received for disposal or 
        incineration in another.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding agreement, lawfully 
        entered into between an owner or operator of a landfill or 
        incinerator and an affected local government that specifically 
        authorizes the landfill or incinerator to receive out-of-State 
        municipal solid waste.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means all waste materials discarded for disposal by 
        households, including single and multifamily residences, and 
        hotels and motels. The term also includes waste materials 
        generated by commercial, institutional, and industrial sources, 
        to the extent such wastes are essentially the same as waste 
        normally generated by households or were 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). Examples of 
        municipal solid waste include food and yard waste, paper, 
        clothing, appliances, consumer product packaging, disposable 
        diapers, office supplies, cosmetics, glass and metal food 
        containers, elementary or secondary school science laboratory 
        waste, and household hazardous waste. Such term shall include 
        debris resulting from construction, remodeling, repair, or 
        demolition of structures other than debris that is not 
        otherwise commingled with other municipal solid waste and has 
        been determined by the generator, to be contaminated. For 
        purposes of determining whether any such debris is 
        contaminated, the generator shall conduct representative 
        sampling and analysis of such debris, the results of which 
        shall be submitted to the affected local government for record 
        keeping purposes only, unless not required by the affected 
        local government. Any such debris that has been determined to 
        be contaminated shall be disposed of in a landfill that meets, 
        at a minimum, the requirements of this subtitle. The term 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 contaminated soil 
                and debris, resulting from--
                            ``(i) a response action taken under section 
                        104 or 106 of the Comprehensive 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 section 104 or 106, or
                            ``(iii) 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 destined for disposal.
                    ``(D) Materials and products returned from a 
                dispenser or distributor to the manufacturer or an 
                agent of the manufacturer for credit, evaluation, and 
                possible reuse.
                    ``(E) 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 
                        that is owned or operated by the generator of 
                        the waste, or is located on property owned by 
                        the generator of a company with which the 
                        generator is affiliated.
                    ``(F) Any medical waste that is segregated from or 
                not mixed with solid waste.
                    ``(G) Sewage sludge and residuals from any sewage 
                treatment plant, including any sewage treatment plant 
                required to be constructed in the State of 
                Massachusetts pursuant to any court order issued 
                against the Massachusetts Water Resources Authority.
                    ``(H) Combustion ash generated by resource recovery 
                facilities or municipal incinerators, or waste from 
                manufacturing or processing (including pollution 
                control) operations 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 includes municipal solid waste generated outside of 
        the United States.
            ``(5) Specific authorization.--For purposes of this 
        section, the term `specifically authorizes' refers to an 
        explicit authorization, 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 which includes an area 
        outside the State or a reference 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 
        language for such authorization may vary as long as it clearly 
        and affirmatively states the approval or consent of the 
        affected local government or State for receipt of municipal 
        solid waste from sources or locations outside the State from 
        which the owner or operator of a landfill or incinerator 
        proposes to import it. The authorization shall not include 
        general references to the receipt of waste outside the 
        jurisdiction of the affected local government.
    ``(i) Cost Recovery Surcharge.--
            ``(1) Authority.--A State may impose and collect a cost 
        recovery surcharge on the combustion or disposal in a landfill 
        or incinerator of out-of-State municipal solid waste in such 
        State.
            ``(2) Limitation.--During the period beginning on the date 
        of the enactment of this section and ending on December 31, 
        1996, a State may not 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 facility 
                under one or more contracts entered into before the 
                date of the enactment of this section.
                    ``(B) The amount of waste being received in a 
                calendar year under the contract or contracts does not 
                exceed the amount of waste received 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 determined 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 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 subparagraphs (B) and 
        (C), a State may impose and collect a cost recovery surcharge 
        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 respect to 
        entities disposing of waste generated within the State does not 
        constitute discrimination for purposes 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 disposal within the State of out-of-State 
        municipal solid waste, the State shall bear the burden of 
        establishing that the cost recovery surcharge satisfies the 
        conditions set forth in paragraph (5).''.
    (b) Table of Contents Amendment.--The table of contents of the 
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding 
after the item relating to section 4010 the following new item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.''.

            Passed the House of Representatives September 28, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

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