[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 274 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 274

To impose certain limitations on the receipt of out-of-State municipal 
                  solid waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2009

 Mr. Wittman introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To impose certain limitations on the 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 ``Solid Waste Interstate 
Transportation Act of 2009''.

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

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

``SEC. 4011. 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.--Except as provided in 
subsection (e), (f), or (g), 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--
            ``(1) the agreement specifically authorizes the owner or 
        operator to accept, at the landfill or incinerator, out-of-
        State municipal solid waste; and
            ``(2) 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 section, to the 
State and affected local government and make such a copy available for 
inspection by the public in the affected local community.
    ``(c) New Host Community Agreements.--
            ``(1) Exemption from ban.--Except as provided in subsection 
        (e), 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 or amended on or 
        after the enactment of this section (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 (6) of this subsection.
            ``(2) Requirements for authorization.--An authorization to 
        receive out-of-State municipal solid 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 shall specify terms and conditions, including an 
        amount of out-of-State municipal solid 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, the 
                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 in the affected area at least 15 
                days before holding a hearing under subparagraph (C), 
                except where State law provides for an alternate form 
                of public notification;
                    ``(C) provide an opportunity for public comment, 
                including at least 1 public hearing; and
                    ``(D) make publicly available the entire text of 
                the new host community agreement.
            ``(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.
            ``(6) Public availability.--The owner or operator of a 
        facility authorized to receive out-of-State municipal solid 
        waste pursuant to a new host community agreement under this 
        subsection shall ensure that copies of the entire text of such 
        agreement are readily available to the public and are provided 
        within 5 days after a request from any person. Such owner or 
        operator may recover reasonable costs of providing each copy.
            ``(7) Authority.--
                    ``(A) In general.--A State may enact a law or laws 
                with respect to the entry, by an affected local 
                government in the State, into a host community 
                agreement, as it relates to the interstate 
                transportation of solid waste.
                    ``(B) No discrimination.--In enacting a law or laws 
                pursuant to subparagraph (A), a State shall act in a 
                consistent manner that does not discriminate against 
                the receipt of out-of-State municipal solid waste on 
                the basis of State of origin.
    ``(d) Exemption for Waste Not Subject to Host Community 
Agreements.--
            ``(1) Exemption from ban.--Except as provided in subsection 
        (e), 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 to the State in which the 
        landfill or incinerator is located and to the affected local 
        government either of the following:
                    ``(A) Permit.--Information establishing that, 
                before the enactment of this section, the owner or 
                operator of the landfill or incinerator has received a 
                State permit that specifically authorizes 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 after the date of enactment of this 
                section 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) Contract.--Information establishing that the 
                owner or operator of the landfill or incinerator has 
                entered into a binding contract before January 1, 2009, 
                that commits to the delivery to and receipt at the 
                landfill or incinerator of a specific quantity of out-
                of-State municipal solid waste and that the owner or 
                operator of the landfill or incinerator has permitted 
                capacity actually available on the date of enactment of 
                this section for receipt of the specific quantity of 
                out-of-State municipal solid waste committed to in the 
                contract. This subparagraph shall be effective only for 
                the longer of--
                            ``(i) the life of the contract (not 
                        including any renewal, novation, or extension 
                        thereof); or
                            ``(ii) a period of 3 years after the date 
                        of enactment of this section,
                and only with respect to the amount of the obligation 
                in the contract.
            ``(2) Availability of documentation.--The owner or operator 
        of a landfill or incinerator receiving out-of-State municipal 
        solid waste pursuant to an exemption under paragraph (1) shall 
        make available for inspection by the public in the affected 
        local community a copy of the permit or contract referred to in 
        paragraph (1). The owner or operator may omit any proprietary 
        information contained in contracts.
            ``(3) 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) if the operating permit 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.
    ``(e) Required Compliance.--Exemptions under subsections (b), (c), 
and (d) shall not apply to a landfill or incinerator during any period 
with respect to which the State in which the facility is located has 
administratively determined that the facility is not in compliance with 
applicable Federal, State, or local laws and regulations relating to--
            ``(1) facility operation, design, and construction;
            ``(2) in the case of landfills, facility location 
        standards, leachate collection standards, groundwater 
        monitoring standards, runoff controls, emission controls, 
        landfill cover and dust suppression requirements, environmental 
        controls, and standards for financial assurance and for closure 
        and postclosure and corrective action; and
            ``(3) the applicable requirements of the Clean Air Act and 
        this Act.
    ``(f) 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 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 that, before January 
                        1, 2009, specifically authorizes the landfill 
                        or incinerator to receive out-of-State 
                        municipal solid waste.
                    ``(B) Conflict.--If a facility received less than 
                100,000 tons of out-of-State municipal solid waste 
                during the previous year, a limit referred to in 
                subparagraph (A) shall be treated as conflicting with--
                            ``(i) a permit if the permit establishes a 
                        higher limit or does not establish any limit on 
                        the amount of out-of-State municipal solid 
                        waste which may be received annually at the 
                        facility; and
                            ``(ii) a host community agreement if the 
                        host community agreement establishes a higher 
                        limit or does not establish any limit on the 
                        amount of out-of-State municipal solid waste 
                        which may be received annually at the facility, 
                        but only to the extent that the landfill or 
                        incinerator, at the time the host community 
                        agreement was entered into, had specifically 
                        permitted capacity to receive the solid waste 
                        authorized by the host community agreement.
                    ``(C) Limit for particular facilities.--An affected 
                local government that has not executed a host community 
                agreement with a particular landfill or incinerator may 
                limit the amount of out-of-State municipal solid waste 
                received annually at the landfill or incinerator 
                concerned to the limitation amount described in 
                paragraph (2). No such limit may conflict with 
                provisions of a permit specifically authorizing the 
                owner or operator to accept, at the facility, out-of-
                State municipal solid waste.
                    ``(D) Effect on other laws.--Nothing in this 
                subsection shall be interpreted or construed to 
                supersede 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 at the landfill or incinerator concerned during 
        calendar year 1993, or, in the case of a State which did not 
        require documentation of the sort required by this paragraph to 
        be kept for calendar year 1993, the first subsequent calendar 
        year for which the State required such documentation. The 
        documentation referred to in this paragraph shall be such as 
        would result in civil or criminal penalties under State law in 
        case of false or misleading information. Such documentation 
        shall include the amount of waste received in 1993, or such 
        other baseline year as is provided for in this paragraph, and 
        may include place of origin, 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.
    ``(g) Limitations on Prospective Waste Flows.--
            ``(1) State authority to deny permits.--A State may provide 
        by law that the State will deny or refuse to renew, and a State 
        that does not provide for renewal of permits may provide by law 
        that the State will, upon State review of the permit or 
        application for amendment to the permit, revoke all or part of 
        or refuse to amend, a permit for the construction, expansion, 
        increase in capacity, transfer of ownership, or operation of a 
        landfill or incinerator, or for a major modification to an 
        existing landfill or incinerator, if--
                    ``(A) the State has approved a State or local 
                comprehensive municipal solid waste management plan 
                developed under Federal or State law; and
                    ``(B) the denial, refusal to renew or amend, or 
                revocation is based on a determination, pursuant to a 
                State law authorizing the denial, refusal to renew or 
                amend, or revocation, that there is not a local or 
                regional need for the landfill or incinerator in the 
                State.
            ``(2) Percentage limit.--
                    ``(A) In general.--A State may provide by law that 
                a State permit issued or renewed after the date of 
                enactment of this section, and, in the case of a State 
                that does not provide for renewal of permits, a State 
                permit amended or reviewed by the State, for the 
                construction, expansion, increase in capacity, transfer 
                of ownership, or operation of a municipal solid waste 
                landfill or incinerator shall include a requirement 
                that not more than a specified percentage of the total 
                amount of municipal solid waste received annually at 
                the landfill or incinerator may be out-of-State 
                municipal solid waste. A percentage limitation 
                established by a State under this subparagraph shall 
                not be less than 20 percent.
                    ``(B) Host community agreement.--Notwithstanding 
                subparagraphs (A) and (C), a landfill or incinerator 
                acting pursuant to a host community agreement entered 
                into prior to January 1, 2009, that specifically 
                authorizes the landfill or incinerator to receive a 
                specific quantity of out-of-State municipal solid waste 
                annually may receive the specific quantity authorized 
                under the host community agreement, but only to the 
                extent that the landfill or incinerator, at the time 
                the host community agreement was entered into, had 
                specifically permitted capacity to receive the solid 
                waste authorized by the host community agreement.
                    ``(C) Nondiscrimination.--An annual percentage 
                limitation referred to in subparagraph (A)--
                            ``(i) shall be uniform for all municipal 
                        solid waste landfills and incinerators in the 
                        State; and
                            ``(ii) may not discriminate against out-of-
                        State municipal solid waste according to the 
                        State of origin.
    ``(h) Authority of State To Restrict Out-of-State Municipal Solid 
Waste Based on Recycling Programs.--
            ``(1) Authority.--
                    ``(A) Limitation.--A State may limit the amount of 
                out-of-State municipal solid waste received annually at 
                each landfill or incinerator in the State to the amount 
                of out-of-State municipal solid waste received at the 
                landfill or incinerator concerned during calendar year 
                1995 if the State has enacted a comprehensive, 
                statewide recycling program. 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--
                            ``(i) a permit if the permit establishes a 
                        higher limit or does not establish any limit on 
                        the amount of out-of-State municipal solid 
                        waste which may be received annually at the 
                        facility; and
                            ``(ii) a host community agreement if the 
                        host community agreement establishes a higher 
                        limit or does not establish any limit on the 
                        amount of out-of-State municipal solid waste 
                        which may be received annually at the facility, 
                        but only to the extent that the landfill or 
                        incinerator, at the time the host community 
                        agreement was entered into, had specifically 
                        permitted capacity to receive the solid waste 
                        authorized by the host community agreement.
            ``(2) 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.
            ``(3) Effect on other laws.--Nothing in this subsection 
        shall be interpreted or construed to supersede any State law 
        relating to contracts.
            ``(4) Definition.--As used in this subsection, the term 
        `comprehensive, statewide recycling program' means a law of 
        statewide applicability that requires the generators of 
        municipal solid waste to separate all of the following 
        materials for recycling as a condition of disposing of the 
        waste at landfills or incinerators in the State:
                    ``(A) Aluminum containers.
                    ``(B) Corrugated paper or other container board.
                    ``(C) Glass containers.
                    ``(D) Magazines or other material printed on 
                similar paper.
                    ``(E) Newspapers or other material printed on 
                newsprint.
                    ``(F) Office paper.
                    ``(G) Plastic containers.
                    ``(H) Steel containers.
                    ``(I) Containers for carbonated or malt beverages 
                that are primarily made of a combination of steel and 
                aluminum.
    ``(i) Cost Recovery Surcharge.--
            ``(1) Authority.--A State may impose and collect a cost 
        recovery charge on the processing, combustion, or disposal in a 
        landfill or incinerator of out-of-State municipal solid waste 
        in the State in accordance with this subsection.
            ``(2) 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 
        (4) and in no event may exceed $3.00 per ton of waste.
            ``(3) 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 subdivision that incur costs for which the 
        surcharge is collected.
            ``(4) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State may impose and collect a cost recovery surcharge 
        on the processing, combustion, or disposal within the State of 
        out-of-State municipal solid waste if--
                    ``(i) the State demonstrates a cost to the State or 
                its political subdivisions arising from the processing, 
                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 
                demonstrated under clause (i) that, if not paid for 
                through the surcharge, would otherwise have to be paid 
                or subsidized by the State or its political 
                subdivisions; 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 paid, recovered, or offset by 
        any other fee or tax paid to the State or its political 
        subdivision in connection with the generation, transportation, 
        treatment, processing, combustion, or disposal of solid waste. 
        Any provision in a host community agreement that places 
        responsibility for payment or reimbursement for fees under this 
        subsection on the host community is hereby declared null and 
        void.
            ``(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).
            ``(5) Definitions.--As used in this subsection:
                    ``(A) The term `costs' means the costs incurred by 
                the State for the implementation of its laws governing 
                the processing, combustion, or disposal of municipal 
                solid waste, limited to the issuance of new permits and 
                renewal of or modification of permits, inspection and 
                compliance monitoring, enforcement, and costs 
                associated with technical assistance, data management, 
                and collection of fees.
                    ``(B) The term `processing' means any activity to 
                reduce the volume of solid waste or alter its chemical, 
                biological or physical state, through processes such as 
                thermal treatment, bailing, composting, crushing, 
                shredding, separation, or compaction.
    ``(j) Inspections.--A State may require that a State-employed or 
authorized inspector be onsite during any or all hours of operation at 
any facility that receives out-of-State municipal solid waste. Such 
inspectors shall be authorized to ensure the enforcement of Federal, 
State, and local laws and regulations relating to the receipt of out-
of-State municipal solid waste, and to ensure that out-of-State 
municipal solid waste received at a transfer facility or other interim 
holding facility remains identifiable as out-of-State municipal solid 
waste when transferred to a landfill or incinerator. The State may 
require reimbursement from the facility for reasonable costs of 
providing such inspectors.
    ``(k) 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.
    ``(l) Effect on Interstate Commerce.--No State or local government 
action taken as authorized by this section, including the establishment 
of a limit pursuant to subsection (f) or the enactment or execution of 
a law or regulation described in subsection (c)(7), (g), (h), (i), or 
(k), shall be considered to impose an undue burden on interstate 
commerce or to otherwise impair, restrain, or discriminate against 
interstate commerce.
    ``(m) 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, its place of origin, the identity of the generator, the date of 
shipments, and the type of waste received. 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.
    ``(n) Definitions.--For purposes of this section:
            ``(1) Affected local government.--The term `affected local 
        government' means--
                    ``(A) 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 a landfill or incinerator is 
                located or proposed to be located;
                    ``(B) if there is no such body authorized by State 
                law, the elected officials of the city, town, township, 
                borough, county, or parish exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which a landfill 
                or incinerator is located or proposed to be located; or
                    ``(C) contiguous units of local government located 
                in each of 2 or more adjoining States acting jointly as 
                an affected local government, pursuant to the authority 
                provided in section 1005(b), for purposes of providing 
                authorization under subsection (b), (c), or (d) for 
                municipal solid waste generated in the jurisdiction of 
                one of those units of local government and received for 
                disposal or incineration in the jurisdiction of 
                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;
                            ``(ii) sewage sludge and residuals from any 
                        sewage treatment plant;
                            ``(iii) combustion ash generated by 
                        resource recovery facilities or municipal 
                        incinerators;
                            ``(iv) petroleum contaminated soil; and
                            ``(v) 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 (other than petroleum 
                        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) 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 and includes municipal solid waste generated 
        outside of the State that has passed through a transfer 
        facility or other interim holding facility inside the State.
            ``(5) Recyclable materials.--The term `recyclable 
        materials' means materials that 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) Specifically authorizes.--(A) Except as provided in 
        subparagraph (B), the term `specifically authorizes' refers to 
        an explicit authorization, contained in a host community 
        agreement or permit, to import municipal solid 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'.
            ``(B) If a landfill or incinerator received 100,000 tons of 
        out-of-State municipal solid waste or more during the previous 
        year, when applied to such landfill or incinerator the term 
        `specifically authorizes' refers to an explicit authorization, 
        contained in a host community agreement or permit, to import 
        specific volumes or other specific quantities of municipal 
        solid waste from outside the State.
            ``(C) The language for a specific authorization under this 
        paragraph must clearly and affirmatively state 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.''.
    (c) Incident Reports.--Not later than one year after the date of 
the enactment of this Act and annually for the next two years, the 
General Accounting Office shall submit a report to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Environment and Public Works of the Senate that contains the 
following information:
            (1) Available information for each State that imports 
        municipal solid waste detailing any incidents or circumstances 
        where waste materials that are not authorized by permit to be 
        disposed of at a landfill or incinerator have been discovered 
        in the imported municipal solid waste during the 
        transportation, processing, or disposal of such waste. Such 
        unauthorized waste materials can include hazardous waste, 
        medical waste, radioactive waste, and industrial waste.
            (2) For each incident or circumstance identified under 
        paragraph (1), an indication of the method or circumstances of 
        detection, and the identity of the source of the waste, the 
        transporter, and the disposal facility.
            (3) For each incident or circumstance identified under 
        paragraph (1), an indication of whether anyone was cited for a 
        violation, and if so the nature of the violation and any 
        penalty assessed.
                                 <all>