[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1346 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1346

    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

                             April 16, 1997

 Mr. Gilchrest (for himself, Mr. Barcia of Michigan, Mr. Dingell, Mr. 
   Calvert, Mr. Holden, Mr. Gibbons, Ms. Rivers, Ms. Kilpatrick, Mr. 
  Conyers, Mr. Levin, Mr. Bereuter, Mr. Kildee, Ms. Stabenow, and Mr. 
   Clyburn) 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 1997''.

                       TITLE I--INTERSTATE WASTE

SEC. 101. 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. RECEIPT AND DISPOSAL OF OUT-OF-STATE MUNICIPAL SOLID 
              WASTE.

    ``(a) Presumptive Ban on Receipt of Out-Of-State Waste.--No 
landfill or incinerator may receive any out-of-State municipal solid 
waste for disposal or incineration unless the waste is received 
pursuant to--
            ``(1) a host community agreement in accordance with 
        subsection (b) or (c), or
            ``(2) an exemption under subsection (d).
    ``(b) Existing Host Community Agreements.--
            ``(1) Exemption from ban.--Out-of-State municipal solid 
        waste may be received at a landfill or incinerator for disposal 
        or incineration pursuant to a host community agreement entered 
        into before the enactment of this section if--
                    ``(A) the agreement specifically authorizes the 
                owner or operator to accept, at the landfill or 
                incinerator, out-of-State municipal solid waste; and
                    ``(B) the owner or operator complies with all of 
                the terms and conditions of the host community 
                agreement.
        The owner or operator shall provide a copy of the host 
        community agreement, within 90 days after the enactment of this 
        Act, to the State and affected local government and make such a 
        copy available for inspection by the public in the affected 
        local community.
            ``(2) Requirement for compliance with certain 
        requirements.--The exemption under this subsection shall not 
        apply to a landfill or incinerator in operation on the date of 
        the enactment of this section if the State determines that the 
        landfill or incinerator was not in compliance as of such date 
        with applicable Federal and State laws and regulations relating 
        to facility operation and design and--
                    ``(A) in the case of landfills, facility location 
                standards, leachate collection standards, groundwater 
                monitoring standards, and standards for financial 
                assurance and for closure and post-closure and 
                corrective action, and
                    ``(B) in the case of incinerators, the applicable 
                requirements of section 120 of the Clean Air Act (42 
                U.S.C. 7429).
    ``(c) New Host Community Agreements.--
            ``(1) Exemption from ban.--Out-of-State municipal solid 
        waste may be received at a landfill or incinerator for disposal 
        or incineration pursuant to a host community agreement entered 
        into on or after the enactment of this section (hereinafter in 
        this section referred to as a ``new host community agreement) 
        if the agreement specifically authorizes the receipt of such 
        waste and meets the requirements of paragraphs (2) through (5) 
        of this subsection.
            ``(2) Requirements for authorization.--An authorization to 
        receive out-of-State municipal waste pursuant to a new host 
        community agreement shall be granted by formal action at a 
        meeting; be recorded in writing in the official record of the 
        meeting; and remain in effect according to its terms. Such 
        authorization 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.
            ``(3) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to a new 
        host community agreement under this subsection, the owner or 
        operator of the facility seeking such authorization shall 
        provide (and make readily available to the State, each 
        contiguous local government and Indian tribe, and any other 
        interested person for inspection and copying) each of the 
        following items of 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 waste to be handled. Such quantities 
                shall be expressed in terms of volume.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and general 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, and a 
                discussion of alterations that may be necessitated by, 
                or occur as a result of, the facility. The description 
                of groundwater use shall include identification of 
                private wells and public drinking water sources.
                    ``(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 
preoperational 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.
            ``(4) Prior notification.--Prior to taking formal action 
        with respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to a new host community 
        agreement under this subsection, an affected local government 
        shall--
                    ``(A) notify the State, contiguous local 
                governments, and any contiguous Indian tribes;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation at least 15 days before holding 
                a hearing under subparagraph (C), 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.
            ``(5) Subsequent notification.--Promptly, but not later 
        than 90 days after an authorization is granted pursuant to a 
        new host community agreement under this subsection, the 
        affected local government shall notify the Governor, contiguous 
        local governments, and any contiguous Indian tribes of such 
        authorization.
    ``(d) Exemption for Waste Not Subject to Host Community 
Agreements.--
            ``(1) In general.--Out-of-State municipal solid waste 
        received at a landfill or incinerator shall be exempt from the 
        presumptive ban contained in subsection (a) if the owner or 
        operator of the landfill or incinerator provides either of the 
following to the State in which the landfill or incinerator is located 
and to the affected local government:
                    ``(A) Permit.--Information establishing that, 
                before the date of the enactment of this section, the 
                owner or operator of the landfill or incinerator has 
                received a State permit specifically authorizing the 
                owner or operator to accept, at the landfill or 
                incinerator, such out-of-State municipal solid waste. 
                This subparagraph shall be effective only if the owner 
                or operator complies with all of the terms and 
                conditions of the permit and 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.
                    ``(B) Documented shipments.--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 such waste, and the type of such waste.
            ``(2) Compliance with certain laws required.--The exemption 
        under this subsection shall not apply to a landfill or 
        incinerator in operation on the date of the enactment of this 
        section if the State determines that the landfill or 
        incinerator was not in compliance as of such date with 
        applicable Federal and State laws and regulations relating to 
        facility operation and design and--
                    ``(A) in the case of landfills, facility location 
                standards, leachate collection standards, groundwater 
                monitoring standards, and standards for financial 
                assurance and for closure and post-closure and 
                corrective action, and
                    ``(B) in the case of incinerators, the applicable 
                requirements of section 120 of the Clean Air Act (42 
                U.S.C. 7429).
            ``(3) Amount limitation on paragraph (1)(b) exemption.--The 
        amount of out-of-State municipal solid waste exempt under 
        paragraph (1)(B) from the presumptive ban contained in 
        subsection (a) shall be determined as provided in this 
        paragraph.
                    ``(A) States not exercising ratchet authority under 
                subsection (f).--In States which do not establish a 
                limit on out-of-State municipal solid waste under 
                subsection (f) (relating to the ratchet authority), the 
                amount of exempt out-of-State municipal solid waste 
                shall be determined under clause (i) or (ii).
                            ``(i) Waste under contract.--For out-of-
                        State municipal solid waste received at the 
                        landfill or incinerator under a contract in 
                        effect during 1993, the exemption under 
                        paragraph (1)(B) shall apply only for the 
                        longer of the following periods: (a) the date 3 
                        years after the enactment of this section, and 
                        (b) the life of the contract referred to in 
                        this subparagraph. For purposes of this 
                        subparagraph the life of the contract shall be 
                        determined without regard to any renewal, 
                        novation, or other extension thereof (as 
                        determined under State law). For out-of-State 
                        municipal solid waste received at the landfill 
                        or incinerator under a contract in effect 
                        during 1993, the exemption under paragraph 
                        (1)(B) shall apply only to the amount of out-
                        of-State municipal solid waste specified in the 
                        contract unless a lower level is provided 
                        pursuant to a freeze under subsection (e).
                            ``(ii) Spot waste.--For out-of-State 
                        municipal solid waste received at the landfill 
                        or incinerator in the absence of a contract in 
                        effect during 1993 the exemption under 
                        paragraph (1)(B)--
                                    ``(I) shall apply to the receipt of 
                                out-of-State municipal solid waste only 
                                for a period ending 3 years after the 
                                enactment of this section; and
                                    ``(II) shall not be limited in an 
                                amount under this subsection but may be 
                                limited pursuant to a freeze under 
                                subsection (e).
                    ``(B) States exercising ratchet authority under 
                subsection (f).--In States which establish a limit on 
                out-of-State municipal solid waste under subsection (f) 
                (relating to the ratchet authority), the exemption 
                under paragraph (1)(B) shall be limited to the same 
                amounts and time periods as specified in subparagraph 
                (A), except that in lieu of the 3-year period referred 
                to in subparagraph (A) there shall be substituted a 
                period ending January 1, 2001.
            ``(4) Availability of documentation.--The owner or operator 
        of a landfill or incinerator receiving waste pursuant to an 
        exemption under this subsection shall make available for 
        inspection by the public in the affected local community, a 
        copy of the documentation referred to in paragraph (1). The 
        owner or operator may omit any proprietary information 
        contained in 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.
            ``(5) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste pursuant to an exemption under paragraph 
        (1)(B) 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.
            ``(6) Waste within bi-state metropolitan statistical 
        areas.--A landfill or incinerator in a State shall be exempt 
        from the presumptive ban set forth in subsection (a) 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.
            ``(7) Exemption under this subsection subject to freeze or 
        ratchet.--The authority of a landfill or incinerator to receive 
        out-of-State municipal solid waste pursuant to an exemption 
        under this subsection may be limited by a State pursuant to 
        either subsection (e) (relating to the freeze) or subsection 
        (f) (relating to the ratchet).
    ``(e) Authority of State To Freeze Certain Exempt Out-of-State 
Municipal Solid Waste.--
            ``(1) Freeze.--A State in which a landfill or incinerator 
        is located may establish a limit, as provided in this 
        subsection, on the amount of out-of-State municipal solid waste 
        received annually for disposal at each landfill or incinerator 
        in the State pursuant to an exemption under subsection 
        (d)(1)(B), or the affected local government may limit the 
        amount of out-of-State municipal solid waste received annually 
        for disposal at a particular landfill or incinerator pursuant 
        to an exemption under subsection (d)(1)(B). For any landfill or 
        incinerator, a limit under this subsection shall be in lieu of 
        any limit under subsection (f) (relating to the ratchet).
            ``(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, any 
        limitation under 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 limitation shall be zero if no out-of-
        State municipal solid waste was 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) 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.
            ``(4) Effect on other laws.--Nothing in this subsection 
        shall be interpreted or construed to have any effect on any 
        State law relating to contracts.
    ``(f) Ratchet.--
            ``(1) Authority.--Any State (hereinafter in this subsection 
        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 subsection on the amount of out-
        of-State municipal solid waste received pursuant to the 
        authority of subsection (d)(1)(B) for disposal at landfills and 
        incinerators in the importing State. A limit under this 
        paragraph shall be in lieu of any limit imposed under 
        subsection (e) (relating to the freeze). A limit under this 
        paragraph may be imposed only if each of the following 
        requirements are met:
                    ``(A) 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.
                    ``(B) 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.
                    ``(C) The percentage reduction in the amount of 
                out-of-State municipal solid waste which is received at 
                each facility pursuant to subsection (d)(1)(B) in the 
                importing State at which a limit may be established 
                under this subsection shall be uniform for all such 
                facilities.
            ``(2) Percentage.--The limit established under this 
        subsection 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 subsection. 
        For any calendar year after 1997, the percentage shall be as 
        specified in the following table:

                                                             Applicable
``Calendar year:                                            Percentage:
    1998..........................................              85     
    1999..........................................              75     
    2000..........................................              65     
    after 2000....................................              50.    
    ``(g) 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 creating additional capacity at 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.
    ``(h) Percentage Limitation on Out-of-State Municipal Solid 
Waste.--
            ``(1) Percentage limitations.--Any State may, by law, 
        provide that a State permit issued after the date of enactment 
        of this section for a new municipal solid waste landfill or 
        incinerator shall include an annual percentage limitation of 
        not less than 20 percent on the total amount of out-of-State 
        municipal solid waste received annually at the landfill or 
        incincerator relative to the total amount of municipal solid 
        waste received annually at the landfill or incinerator.
            ``(2) Expansion of existing facilities.--The provisions of 
        paragraph (1) of this subsection shall apply to an expansion of 
        an existing landfill or incinerator in the same manner as such 
        provisions apply to a new landfill or incinerator. Landfills or 
        incinerators that are authorized to receive a specific amount 
        of out-of-State waste pursuant to a host community agreement 
        prior to the date of the enactment of this section that exceeds 
        the percentage limitation may receive the specific amount 
        authorized pursuant to such host community agreement.
            ``(3) Requirements for percentage limitations.--Any 
        percentage limitation referred to in paragraphs (1) and (2) 
        shall be uniform for all such municipal solid waste landfills 
        or incinerators, and no such percentage limitation may 
        discriminate against out-of-State municipal solid waste based 
        on the State of origin, unless the waste is received under an 
        agreement entered into under section 1005(b) pursuant to which 
        the State and 1 or more other States (hereinafter in this 
        subsection referred to as `exporting States') have agreed upon 
        a different percentage limitation for specific facilities for 
        municipal solid waste from any such exporting State or States.
    ``(i) 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.
    ``(j) Effect on Interstate Commerce.--No State prohibition or 
limitation established as provided this section, no State planning and 
permitting process referred to in subsection (g), and no State law or 
regulation referred to in subsection (h) shall be considered to impose 
an undue burden on interstate commerce or to otherwise impair, 
restrain, or discriminate against interstate commerce.
    ``(k) 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.
    ``(l) Definitions.--For purposes of this section:
            ``(1) Affected local government.--(A) Except as provided in 
        subparagraphs (B) and (C), 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.
            ``(B) In the case of host community agreements entered into 
        before January 1, 1993, for any landfill or incinerator, the 
        term shall mean either the public body described in clause (i) 
        of 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.
            ``(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 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, 
                including scrap rubber to be used as a fuel source.
                    ``(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 
                        or unit thereof that is owned or operated by 
                        the generator of the waste or located on 
                        property owned by the generator or a company 
                        with which the generator is affiliated or the 
                        capacity of which is contractually dedicated 
                        exclusively to a specific generator so long as 
                        the disposal area complies with local and State 
                        land use and zoning regulations applicable to 
                        the disposal site.
                    ``(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) Recycle and recycling.--The terms `recycle' and 
        `recycling' mean--
                    ``(A) any process which produces any material 
                defined as `recycled' under section 1004; and
                    ``(B) any process by which materials are diverted, 
                separated from, or separately managed from materials 
                otherwise destined for disposal as solid waste, by 
                collecting, sorting, or processing for use as raw 
                materials or feedstocks in lieu of, or in addition to, 
                virgin materials, including petroleum, in the 
                manufacture of usable materials or products.
            ``(6) 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 term shall not include general 
        references to the receipt of waste from outside the 
        jurisdiction of the affected local government.''.
    (b) Table of Contents.--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. Receipt and disposal of out-of-State municipal solid 
                            waste.''.
                                 <all>