[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4940 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4940

 To amend the Solid Waste Disposal Act to authorize local governments 
and Governors to restrict receipt of out-of-State and foreign municipal 
     solid waste, to direct the Administrator of the Environmental 
 Protection Agency to carry out certain authorities under an agreement 
 with Canada respecting the importation of municipal solid waste, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

  Mr. Gillmor (for himself, Mr. Dingell, Mr. Greenwood, Mr. Rogers of 
Michigan, Mr. Stupak, Mr. Upton, Mr. Hall, Mr. Stearns, Mr. Pickering, 
Mr. Tauzin, Mr. Terry, Mr. Radanovich, Mr. Pitts, Mr. Deal of Georgia, 
    Mrs. Cubin, Mrs. Miller of Michigan, Mr. Oxley, Mr. Buyer, Mr. 
 Bilirakis, Mr. Kildee, Mr. Sullivan, Mr. Green of Texas, Mr. Brown of 
Ohio, Mr. Strickland, Mr. Levin, and Mr. Issa) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to authorize local governments 
and Governors to restrict receipt of out-of-State and foreign municipal 
     solid waste, to direct the Administrator of the Environmental 
 Protection Agency to carry out certain authorities under an agreement 
 with Canada respecting the importation of 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 ``Municipal Solid Waste Responsibility 
Act of 2004''.

SEC. 2. INTERSTATE AND INTERNATIONAL 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 sections:

``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 and 
                ultimate waste capacity of the facility, 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 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.
            ``(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 provides 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 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 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 
                subsection (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), 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 later of the 
                                contract in effect in 1993 or any 
                                subsequent contract in effect as of the 
                                date of enactment of this section.
                                    ``(II) The period ending 6 years 
                                after the date of 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), 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 date of 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), 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 
                subsection (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), 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 later of the 
                                contract in effect in 1993 or any 
                                subsequent contract in effect as of the 
                                date of enactment of this section.
                                    ``(II) The period ending January 1, 
                                2007.
                        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), 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, 2007.
                            ``(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), 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 a particular landfill 
                or incinerator 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 paragraph 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 a contract, permit, or host 
        community agreement.
            ``(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 
        that imported more than 750,000 tons of out-of-State municipal 
        solid waste in 1993 (in this paragraph referred to as an 
        `importing State') 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) for disposal at 
        landfills and incinerators in the importing State. A limit 
        under this paragraph may 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 2003, the percentage shall be as specified in the 
        following table:

``Calendar year:                                            Applicable 
                                                            percentage:
        2004...................................................     85 
        2005...................................................     75 
        2006...................................................     65 
        2007...................................................     55 
        2008 and thereafter....................................     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' 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, 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 for municipal solid waste generated in the 
        jurisdiction of one of such units of local government 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.--
                    ``(A) Waste included.--Except as provided in 
                subparagraph (B), the term `municipal solid waste' 
                means--
                            ``(i) all waste materials discarded for 
                        disposal by households, including single and 
                        multifamily residences, and hotels and motels; 
                        and
                            ``(ii) all waste materials discarded for 
                        disposal that were generated by commercial, 
                        institutional, municipal, and industrial 
                        sources, to the extent such materials--
                                    ``(I) are essentially the same as 
                                materials described in clause (i); and
                                    ``(II) were collected and disposed 
                                of with other municipal solid waste 
                                described in clause (i) or subclause 
                                (I) of this clause as part of normal 
                                municipal solid waste collection 
                                services, except that this subclause 
                                does not apply to hazardous materials 
                                other than hazardous materials that, 
                                pursuant to regulations issued under 
                                section 3001(d), are not subject to 
                                regulation under subtitle C.
                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, and 
                household hazardous waste. Such term shall include 
                debris resulting from construction, remodeling, repair, 
                or demolition of structures.
                    ``(B) Waste not included.--The term `municipal 
                solid waste' does not include any of the following:
                            ``(i) Any solid waste identified or listed 
                        as a hazardous waste under section 3001, except 
                        for household hazardous waste.
                            ``(ii) 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 such 
                                section 104 or 106; or
                                    ``(III) a corrective action taken 
                                under this Act.
                            ``(iii) 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.
                            ``(iv) Scrap rubber to be used as a fuel 
                        source.
                            ``(v) Materials and products returned from 
                        a dispenser or distributor to the manufacturer 
                        or an agent of the manufacturer for credit, 
                        evaluation, and possible reuse.
                            ``(vi) 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, 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.
                            ``(vii) Any medical waste that is 
                        segregated from or not mixed with solid waste.
                            ``(viii) Sewage sludge and residuals from 
                        any sewage treatment plant.
                            ``(ix) 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 also includes municipal solid waste generated outside 
        of the United States.
            ``(5) Specific authorization.--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 enactment of this section and ending on December 31, 2006, 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 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 2003.
            ``(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 clause (i) 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).

``SEC. 4012. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL 
              SOLID WASTE.

    ``(a) Authority.--Consistent with section 4011, a State may enact a 
law or laws imposing limitations (including a prohibition) on the 
receipt and disposal of foreign municipal solid waste.
    ``(b) Effect on Interstate and Foreign Commerce.--No State action 
taken as authorized by this section shall be considered to impose an 
undue burden on interstate and foreign commerce or to otherwise impair, 
restrain, or discriminate against interstate and foreign commerce.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Foreign municipal solid waste.--The term `foreign 
        municipal solid waste' means municipal solid waste generated 
        outside of the United States.
            ``(2) Municipal solid waste.--The term `municipal solid 
        waste' has the meaning given that term in section 4011.

``SEC. 4013. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.

    ``(a) Prohibition.--No person shall import, transport, or export 
municipal solid waste for final disposal or for incineration in 
violation of the Agreement Between the Government of the United States 
of America and the Government of Canada Concerning the Transboundary 
Movement of Hazardous Waste, or any regulations issued to implement and 
enforce such agreement.
    ``(b) Administrator's Authority.--The Administrator shall perform 
the functions of the Designated Authority of the United States with 
respect to the importation and exportation of municipal solid waste 
under the agreement described in subsection (a). Upon the enactment of 
this section, the Administrator shall implement and enforce the notice 
and consent provisions of such agreement, as well as the other 
provisions thereof. In considering whether to consent to the 
importation of municipal solid waste under article 3(c) of such 
agreement, the Administrator shall--
            ``(1) give substantial weight to the views of the State or 
        States into which the municipal solid waste is to be imported, 
        and consider the views of the local government with 
        jurisdiction over the location where the waste is to be 
        disposed; and
            ``(2) consider the impact of the importation on--
                    ``(A) continued public support for and adherence to 
                State and local recycling programs;
                    ``(B) landfill capacity as provided in 
                comprehensive waste management plans;
                    ``(C) air emissions from increased vehicular 
                traffic;
                    ``(D) road deterioration from increased vehicular 
                traffic; and
                    ``(E) public health and the environment.
    ``(c) Compliance Orders.--(1) Whenever on the basis of any 
information the Administrator determines that any person has violated 
or is in violation of this section, the Administrator may issue an 
order assessing a civil penalty for any past or current violation, 
requiring compliance immediately or within a specified time period, or 
both, or the Administrator may commence a civil action in the United 
States district court in the district in which the violation occurred 
for appropriate relief, including a temporary or permanent injunction.
    ``(2) Any order issued pursuant to this subsection shall state with 
reasonable specificity the nature of the violation. Any penalty 
assessed in the order shall not exceed $25,000 per day of noncompliance 
for each violation. In assessing such a penalty, the Administrator 
shall take into account the seriousness of the violation and any good 
faith efforts to comply with applicable requirements.
    ``(d) Public Hearing.--Any order issued under this section shall 
become final unless, not later than 30 days after the order is served, 
the person or persons named therein request a public hearing. Upon such 
request the Administrator shall promptly conduct a public hearing. In 
connection with any proceeding under this section the Administrator may 
issue subpoenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may promulgate 
rules for discovery procedures.
    ``(e) Violation of Compliance Orders.--If a violator fails to take 
corrective action within the time specified in a compliance order, the 
Administrator may assess a civil penalty of not more than $25,000 for 
each day of continued noncompliance with the order.''.
    (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 items:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.
``Sec. 4012. International transportation and disposal of municipal 
                            solid waste.
``Sec. 4013. Canadian transboundary movement of municipal solid 
                            waste.''.

SEC. 3. TREATMENT AND REUSE OF AGRICULTURAL WASTES.

    Subtitle H of the Solid Waste Disposal Act (42 U.S.C. 6981 et seq.) 
is amended--
            (1) in section 8005--
                    (A) by striking ``and'' at the end of subsection 
                (a)(9);
                    (B) by striking the period at the end of subsection 
                (a)(10) and inserting ``; and'';
                    (C) by adding at the end of subsection (a) the 
                following:
            ``(11) the benefits of alternatives to open field disposal 
        of agricultural solid wastes (including biomass).
If a municipality or an intermunicipality contains 3,000,000 or more 
people, the Administrator shall work with that State and its municipal 
and intermunicipal pollution control agencies and the agricultural 
waste generators in those States to address pollution reduction or 
public health needs, where new treatment and disposal options referred 
to in paragraph (11) will reduce risks to public health, improve 
environmental quality, and conserve landfill capacity, demonstrate the 
value of alternatives to agricultural solid waste disposal, and develop 
commercially feasible, environmentally beneficial alternatives and make 
those methods and means known. For purposes of the preceding sentence 
and paragraph (11) only, agricultural wastes shall not include urban 
and forest wood products, and shall include field and seed crop 
residues, including straws from rice and wheat, and fruit and nut crop 
residues, including orchard and vineyard pruning and removals.''; and
                    (D) by adding at the end the following new 
                subsection:
    ``(d) Definition.--For the purposes if this section, the term 
`pollution control agency' means--
            ``(1) a single State agency designated by the Governor of 
        that State as the official State pollution control agency for 
        purposes of this Act;
            ``(2) an agency established by two or more States and 
        having substantial powers or duties pertaining to the 
        prevention and control of pollution;
            ``(3) a city, county, or other local government health 
        authority, or, in the case of any city, county, or other local 
        government in which there is an agency other than the health 
        authority charged with responsibility for enforcing ordinances 
        or laws relating to the prevention and control of pollution, 
        such other agency;
            ``(4) an agency of two or more municipalities located in 
        the same State or in different States and having substantial 
        powers or duties pertaining to the prevention and control of 
        pollution; or
            ``(5) an agency of an Indian tribe responsible for 
        pollution control.''; and
            (2) in section 8007--
                    (A) by inserting ``(a)'' before ``There are''; and
                    (B) by adding at the end the following:
    ``(b)(1) Notwithstanding the limitations provided in section 
8006(f), the Administrator may implement a demonstration project 
relating to the subject described in section 8005(a)(11), pursuant to 
section 8005(b).
    ``(2) There are authorized to be appropriated for generators of 
diverted agricultural waste $6,000,000 to carry out the demonstration 
program described in paragraph (1). Such amounts shall be matched with 
non-Federal funding on a one-to-one basis.''.
                                 <all>