[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 227 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 227

    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for restrictions on receipt of out-of-State municipal 
                  solid waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

 Mr. Dingell introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for restrictions on 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 1995''.

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

    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) Effective January 1, 1996, 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) 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) 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) Promptly, but not later than 90 days after such 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 (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 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 pre- operational 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) Annual State Report.--
            ``(1) In general.--Each year the owner or operator of each 
        landfill or incinerator receiving out-of-State municipal solid 
        waste shall submit to the affected local government and 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. Each year the 
        owner or operator of each landfill or incinerator receiving 
        out-of-State municipal solid waste shall also submit to the 
        Governor of the State of origin of such waste, and to the 
        Administrator, information specifying the amount of out-of-
        State municipal solid waste received for disposal by the owner 
        or operator during the preceding year from such State of 
        origin. The submissions under this paragraph by any owner or 
        operator shall all be made at the same time.
            ``(2) Contents.--Each submission referred to in this 
        subsection shall be such as would result in criminal penalties 
        in case of false or misleading information. Such submission 
        shall include the amount of waste received, place of origin, 
        identity of the generator, date of shipment, and type of waste.
            ``(3) List.--The Administrator shall publish a list of 
        States that the Administrator has determined have exported out 
        of State an amount of municipal solid waste in excess of 3.5 
        million tons in calendar year 1996, 3.0 million tons in each of 
        calendar years 1997 and 1998, 2.5 million tons in each of 
        calendar years 1999 and 2000, 1.5 million tons in each of 
        calendar years 2001 and 2002, and 1.0 million tons in calendar 
        year 2003 and each year thereafter. The list for any calendar 
        year shall be published by March 1 of the following calendar 
        year.
            ``(4) Savings provision.--Nothing in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(c) Freeze.--
            ``(1) Annual amount.--(A) Except as provided in paragraph 
        (2) and unless it would result in a violation of, or be 
        inconsistent with, a host community agreement or permit 
        specifically authorizing the owner or operator of a landfill or 
        incinerator to accept out-of-State municipal solid waste at 
        such landfill or incinerator, and notwithstanding the absence 
        of a request in writing by the affected local government, a 
        Governor, in accordance with paragraph (3), may limit the 
        quantity of out-of-State municipal solid waste received for 
        disposal at each landfill or incinerator covered by the 
        exceptions provided in subsection (e) that is subject to the 
        jurisdiction of the Governor, to an annual amount equal to the 
        quantity of out-of-State municipal solid waste received for 
        disposal at such landfill or incinerator during calendar year 
        1993.
            ``(B) At the request of an affected local government that 
        has not executed a host community agreement, the Governor may 
        limit the amount of out-of-State municipal solid waste received 
        annually for disposal at the landfill or incinerator concerned 
        to the amount described in subparagraph (A). 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.
            ``(2) Limitation on governor's authority.--A Governor may 
        not exercise the authority granted under this subsection in a 
        manner that would require any owner or operator of a landfill 
        or incinerator covered by the exceptions provided in subsection 
        (e) to reduce the amount of out-of-State municipal solid waste 
        received from any State for disposal at such landfill or 
        incinerator to an annual quantity less than the amount received 
from such State for disposal at such landfill or incinerator during 
calendar year 1993.
            ``(3) Uniformity.--Any limitation imposed by a Governor 
        under paragraph (1)(A)--
                    ``(A) shall be applicable throughout the State;
                    ``(B) shall not directly or indirectly discriminate 
                against any particular landfill or incinerator within 
                the State; and
                    ``(C) shall not directly or indirectly discriminate 
                against any shipments of out-of-State municipal solid 
                waste on the basis of State of origin.
    ``(d) Ratchet.--
            ``(1) In general.--Unless it would result in a violation 
        of, or be inconsistent with, a host community agreement or 
        permit specifically authorizing the owner or operator of a 
        landfill or incinerator to accept out-of-State municipal solid 
        waste at such landfill or incinerator, immediately upon the 
        date of publication of the list required under subsection 
        (b)(3), and notwithstanding the absence of a request in writing 
        by the affected local government, a Governor, in accordance 
        with paragraph (4), may prohibit the disposal of out-of-State 
        municipal solid waste, at any landfill or incinerator covered 
        by the exceptions in subsection (e) that is subject to the 
        jurisdiction of the Governor, generated in any State that is 
        determined by the Administrator under subsection (b)(3) as 
        having exported, to landfills or incinerators not covered by 
        host community agreements, more than any of the following:
                    ``(A) 3.5 million tons of municipal solid waste in 
                calendar year 1996.
                    ``(B) 3.0 million tons of municipal solid waste in 
                calendar year 1997.
                    ``(C) 3.0 million tons of municipal solid waste in 
                calendar year 1998.
                    ``(D) 2.5 million tons of municipal solid waste in 
                calendar year 1999.
                    ``(E) 2.5 million tons of municipal solid waste in 
                calendar year 2000.
                    ``(F) 1.5 million tons of municipal solid waste in 
                calendar year 2001.
                    ``(G) 1.5 million tons of municipal solid waste in 
                calendar year 2002.
                    ``(H) 1.0 million tons of municipal solid waste in 
                calendar year 2003.
                    ``(I) 1.0 million tons of municipal solid waste in 
                each calendar year after 2003.
            ``(2) Additional export limits.--No State may export to any 
        one State more than 1.4 million tons of municipal solid waste 
        in calendar year 1996 or 90 percent of the 1993 levels exported 
        to a State, whichever is greater, 1.3 million tons in 1997 or 
        90 percent of the 1996 levels exported to a State, whichever is 
        greater, 1.2 million tons in 1998 or 90 percent of the 1997 
        levels exported to a State, whichever is greater, 1.1 million 
        tons in 1999 or 90 percent of the 1998 levels exported to a 
        State, whichever is greater, 1 million tons in 2000, 800,000 
        tons in 2001, and 600,000 tons in 2002 and each year 
        thereafter, to landfills or incinerators not covered by host 
        community agreements. Governors of importing States may 
        restrict levels of imports to reflect the level of out-of-State 
        municipal solid waste imports referred to in the preceding 
        sentence if--
                    ``(A) the Governor of the importing State has 
                notified the Governor of the exporting State and the 
                Administrator 12 months prior to enforcement of the 
                importing State's intention to impose the requirements 
                of this section;
                    ``(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 Governor 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 paragraph (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 discriminate 
                against any particular landfill or incinerator within 
                the State; and
                    ``(C) shall not directly or indirectly discriminate 
                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 paragraph (1) or (2).
    ``(e) Authorization Not Required for Certain Facilities.--
            ``(1) In general.--The prohibition on the disposal of out-
        of-State municipal solid waste under subsection (a)(1) shall 
        not apply to landfills and incinerators 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 
        proprietary 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 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.
            ``(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 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) 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 disposal 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 construed 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 
        incinerator of out-of-State municipal solid waste in such 
        State.
            ``(2) Limitation.--During the period beginning 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 facility 
                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 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 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 subparagraphs (B) and 
        (C), a State covered by this subsection 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).
    ``(h) 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.
    ``(i) Construction and Demolition Waste.--
            ``(1) Limit.--Any State may establish, pursuant to this 
        paragraph, a limit on the amount of out-of-State construction 
        and demolition waste for disposal at landfills in the State. A 
        limit under this paragraph may be imposed consistent with each 
        of the following:
                    ``(A) By January 1, 1997, each State seeking to 
                limit under this paragraph the receipt of out-of-State 
                construction and demolition waste shall establish and 
                implement a mechanism for measuring the amount of 
                construction and demolition waste generated within the 
                State, disposed of within the State, imported into the 
                State and exported for disposal.
                    ``(B) By March 1, 1999, each State seeking to limit 
                under this paragraph the receipt of construction and 
                demolition waste shall establish the amount of out-of-
                State construction and demolition waste received during 
calendar years 1997 and 1998 and report the tonnage received to the 
Governor of each exporting State.
            ``(2) Amount.--For each calendar year beginning after 
        January 1, 1999, the amount of out-of-State construction and 
        demolition waste received at any facility within an importing 
        State may be limited to the average of the amounts received in 
        calendar years 1997 and 1998.
            ``(3) Definition.--For purposes of this subsection, the 
        term `construction and demolition waste' means 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 recordkeeping 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.
    ``(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 located 
                        or is proposed to be located; or
                            ``(II) if a Governor fails to make a 
                        selection 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 located.
        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 before 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 proposed 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 
        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 document or 
        documents executed by duly authorized officials of the affected 
        local government that specifically authorizes a landfill or 
        incinerator 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 additional 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-derived fuel) generated by the 
        general public, from a residential source, or from a 
        commercial, institutional, 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 contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, 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 destined for disposal.
                    ``(D) 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 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 sewage 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 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.
                    ``(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 manufacturer 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 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 that 
        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.''.

SEC. 3. TABLE OF CONTENTS AMENDMENT.

    The table of contents in section 1001 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.''.
                                 <all>
HR 227 IH----2