[Congressional Record Volume 143, Number 33 (Friday, March 14, 1997)]
[Senate]
[Pages S2320-S2324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                             By Mr. BAUCUS:

  S. 443. A bill to amend the Solid Waste Disposal Act to provide 
congressional authorization for restrictions on receipt of out-of-State 
municipal solid waste and for State control over transportation of 
municipal solid waste; to the Committee on Environment and Public 
Works.


        THE STATE AND LOCAL INTERSTATE WASTE CONTROL ACT OF 1997

  Mr. BAUCUS. Mr. President, I rise to introduce the State and Local 
Interstate Waste Control Act of 1997. This bill will give our cities 
and States the authority they need to stop imports of trash coming from 
other States.
  We have been working on this issue for 7 years. We have explored all 
options. We have held hearings, debated the issues. The Senate has 
passed interstate waste bills in each of the last four Congresses. It 
is time we put this issue behind us.
  Anyone who has kept up with New York State's decision to close the 
Freshkils landfill knows why we must act and why we must act now. As my 
colleagues may be aware, the Freshkils landfill on Staten Island, which 
takes all of New York City's garbage, is closing.
  What does that mean? That means 13,000 tons of garbage a day, almost 
5 million tons a year, need a new home. It is hard to visualize how 
much garbage that is. What does it mean? It means about 1,200 trucks of 
garbage a day coming out of New York City, every one of them packed to 
the brim. Or, in other words, a convoy of trash trucks 12 miles long, 
365 days a year--imagine that, a convoy of trash trucks 12 miles long 
each of 365 days a year coming out of New York City. That is what that 
means with the closure of Freshkils landfill on Staten Island because 
that garbage has to go someplace. Soon it will not go to Staten Island. 
Where is it going to go?
  We have no idea where these trucks will go. One thing is clear. New 
York will have virtually no way to get rid of its trash when Freshkils 
does close in the year 2001. The entire State of New York can take only 
about 1,200 tons of New York City's trash each day and that means the 
rest, over 4 million tons a year, must go out of State.
  What's worse, as far as I know, New York has not taken any steps to 
build or to grant permits to new in-State landfills. I guess it is far 
easier to send trash out of State than to fight the not-in-my-backyard 
opponents blocking new landfills and incinerators in New York State.
  I do not want to single out New York. Many other great cities have 
similar troubles. Trash disposal is tough. But many States have taken 
the old adage ``it is better to give than to receive'' to the extreme. 
When it comes to trash, there is just too much giving and too much 
receiving, especially when those receiving the trash have no choice.
  The fact is every city should take care of its own trash if possible. 
No city should be able to simply dump the problem on its neighbors. Yet 
that is precisely what could happen. Why? That is because today no 
State or town can stop shipments of garbage from other States. They do 
not have the authority.
  A few years ago, Miles City, MT, my home State, faced the prospect of 
becoming a dumping ground for Minneapolis, MN, trash. The 5,000 
citizens of Miles City had no say at all in whether a mega-fill 
landfill could go up in their backyards to take care of garbage from a 
city nearly 800 miles away in another State.
  That is wrong. It is clearly wrong. It is unfair. Every town in 
America should have the right to say no. But today they do not have 
that right. And why is that? Every time a State law restricting out-of-
State garbage imports has come up, they have been challenged in the 
courts. The courts have

[[Page S2321]]

overturned those State laws based on the commerce clause of the 
Constitution. So we need a national law to preserve this basic part of 
self-determination, that is, the right to decide whether or not a 
community wants to accept out-of-State garbage.
  The bill I introduce today strikes a balance that will work for every 
community, for every State. It is very similar to the bill the Senate 
and House nearly passed about 3 years ago. The cornerstone of my bill 
is the new authority it gives to all States and communities to restrict 
municipal solid waste imports.
  First, every Governor may freeze future imports of garbage at the 
level his or her State received in 1993.
  Second, the bill makes it illegal to ship any new imports of 
municipal waste unless the local community specifically wants it.
  Third, to reduce pressure on local communities, my bill gives large 
importing States like Pennsylvania and Ohio the right to lower their 
imports.
  Finally, some communities have built regional landfills and we 
respect those agreements as well.
  My bill is about returning decisionmaking back to the people, giving 
people in importing States what should be their birthright, a chance to 
determine their own destiny.
  I ask unanimous consent a summary of my bill, along with the text of 
the bill, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 443

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

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``State and Local Government 
     Interstate Waste Control Act of 1997''.

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

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

     ``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF 
                   MUNICIPAL SOLID WASTE.

       ``(a) Restriction on Receipt of Out-of-State Waste.--
       ``(1) In general.--(A) Except as provided in subsections 
     (c), (e), and (i), effective January 1, 1998, a landfill or 
     incinerator in a State may not receive for disposal or 
     incineration any out-of-State municipal solid waste unless 
     the owner or operator of such landfill or incinerator obtains 
     explicit authorization (as part of a host community 
     agreement) from the affected local government to receive the 
     waste.
       ``(B) An authorization granted after enactment of this 
     section pursuant to subparagraph (A) shall--
       ``(i) be granted by formal action at a meeting;
       ``(ii) be recorded in writing in the official record of the 
     meeting; and
       ``(iii) remain in effect according to its terms.
       ``(C) An authorization granted pursuant to subparagraph (A) 
     may specify terms and conditions, including an amount of out-
     of-State waste that an owner or operator may receive and the 
     duration of the authorization.
       ``(D) Promptly, but not later than 90 days after such an 
     authorization is granted, the affected local government shall 
     notify the Governor, contiguous local governments, and any 
     contiguous Indian tribes of an authorization granted under 
     this subsection.
       ``(2) Information.--Prior to seeking an authorization to 
     receive out-of-State municipal solid waste pursuant to this 
     subsection, the owner or operator of the facility seeking 
     such authorization shall provide (and make readily available 
     to the Governor, each contiguous local government and Indian 
     tribe, and any other interested person for inspection and 
     copying) the following information:
       ``(A) A brief description of the facility, including, with 
     respect to both the facility and any planned expansion of the 
     facility, the size, ultimate waste capacity, and the 
     anticipated monthly and yearly quantities (expressed in terms 
     of volume) of waste to be handled.
       ``(B) A map of the facility site indicating location in 
     relation to the local road system and topography and 
     hydrogeological features. The map shall indicate any buffer 
     zones to be acquired by the owner or operator as well as all 
     facility units.
       ``(C) A description of the then current environmental 
     characteristics of the site, a description of ground water 
     use in the area (including identification of private wells 
     and public drinking water sources), and a discussion of 
     alterations that may be necessitated by, or occur as a result 
     of, the facility.
       ``(D) A description of environmental controls typically 
     required to be used on the site (pursuant to permit 
     requirements), including run on or run off management (or 
     both), air pollution control devices, source separation 
     procedures (if any), methane monitoring and control, landfill 
     covers, liners or leachate collection systems, and monitoring 
     programs. In addition, the description shall include a 
     description of any waste residuals generated by the facility, 
     including leachate or ash, and the planned management of the 
     residuals.
       ``(E) A description of site access controls to be employed, 
     and roadway improvements to be made, by the owner or 
     operator, and an estimate of the timing and extent of 
     increased local truck traffic.
       ``(F) A list of all required Federal, State, and local 
     permits.
       ``(G) Estimates of the personnel requirements of the 
     facility, including information regarding the probable skill 
     and education levels required for jobs at the facility. To 
     the extent practicable, the information shall distinguish 
     between employment statistics for 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) Annual State Report.--
       ``(1) In general.--Within 90 days after enactment of this 
     section and on April 1 of each year thereafter the owner or 
     operator of each landfill or incinerator receiving out-of-
     State municipal solid waste shall submit to the affected 
     local government and to the Governor of the State in which 
     the landfill or incinerator is located information specifying 
     the amount and State of origin of out-of-State municipal 
     solid waste received for disposal during the preceding 
     calendar year. Within 120 days after enactment of this 
     section and on June 1 of each year thereafter each such State 
     shall publish and make available to the Administrator, the 
     governor of the State of origin and 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 calendar year.
       ``(2) Contents.--Each submission referred to in this 
     subsection shall be such as would result in criminal 
     penalties in case of false or misleading information. Such 
     submission shall include the amount of waste received, the 
     State of origin, the date of shipment, and the type, of out-
     of-State municipal solid waste. States making submissions 
     referred to in this section to the Administrator shall notice 
     these submissions for public review and comment at the State 
     level before submitting them to the Administrator.
       ``(3) List.--The Administrator shall publish a list of 
     importing States and the out-of-State municipal solid waste 
     received from each State at landfills or incinerators not 
     covered by host community agreements or permits authorizing 
     receipt of out-of-State municipal solid waste. The list for 
     any calendar year shall be published by July 1 of the 
     following calendar year.

     For purposes of developing the list required in this section, 
     the Administrator shall be responsible for collating and 
     publishing only that information provided to the 
     Administrator by States pursuant to this section. The 
     Administrator shall not be required to gather additional data 
     over and above that provided by the States pursuant to this 
     section, nor to verify data provided by the State pursuant to 
     this section, not to arbitrate or otherwise entertain or 
     resolve disputes between States or other parties concerning 
     interstate movements of municipal solid waste. Any actions by 
     the Administrator under this section shall be final and not 
     subject to judicial review.
       ``(4) Savings provision.--Nothing in this subsection shall 
     be construed to preempt any State requirement that requires 
     more frequent reporting of information.
       ``(c) Freeze.--
       ``(1) Annual amount.--(A) Beginning January 1, 1998, except 
     as provided in paragraph (2) and unless it would result in a 
     violation of, or be inconsistent with, a host community 
     agreement or permit specifically authorizing the owner or 
     operator of a landfill or incinerator to accept out-of-State 
     municipal solid waste at such landfill or incinerator, and 
     notwithstanding the absence of a request in writing by the 
     affected local government, a Governor, in accordance with 
     paragraph (3), may limit the quantity of out-

[[Page S2322]]

     of-State municipal solid waste received for disposal at each 
     landfill or incinerator covered by the exceptions provided in 
     subsection (e) that is subject to the jurisdiction of the 
     Governor, to an annual amount equal to the quantity of out-
     of-State municipal solid waste received for disposal at such 
     landfill or incinerator during calendar year 1993.
       ``(B) At the request of an affected local government that 
     has not executed a host community agreement, the Governor may 
     limit the amount of out-of-State municipal solid waste 
     received annually for disposal at the landfill or incinerator 
     concerned to the amount described in subparagraph (A). No 
     such limit may conflict with provisions of a permit 
     specifically authorizing the owner or operator to accept, at 
     the facility, out-of-State municipal solid waste.
       ``(C) A limit or prohibition under this section shall be 
     treated as conflicting and inconsistent 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.
       ``(2) Limitation on governor's authority.--A Governor may 
     not exercise the authority granted under this subsection in a 
     manner that would require any owner or operator of a landfill 
     or incinerator covered by the exceptions provided in 
     subsection (e) to reduce the amount of out-of-State municipal 
     solid waste received from any State for disposal at such 
     landfill or incinerator to an annual quantity less than the 
     amount received from such State for disposal at such landfill 
     or incinerator during calendar year 1993.
       ``(3) Uniformity.--Any limitation imposed by a Governor 
     under paragraph (1)(A)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of place of origin.
       ``(d) Ratchet.--
       ``(1) In general.--Unless it would result in a violation 
     of, or be inconsistent with, a host community agreement or 
     permit specifically authorizing the owner or operator of a 
     landfill or incinerator to accept out-of-State municipal 
     solid waste at such landfill or incinerator, any State that 
     imported more than 750,000 tons of out-of-State municipal 
     solid waste in 1993 may establish a limit under this 
     paragraph on the amount of out-of-State municipal solid waste 
     received for disposal at landfills and incinerators in the 
     importing State as follows:
       ``(A) In calendar year 1998, 95 percent of the amount 
     exported to the State in calendar year 1993.
       ``(B) In calendar years 1999 through 2003, 95 percent of 
     the amount exported to the state in the previous year.
       ``(C) In calendar year 2004, and each succeeding year, the 
     limit shall be 65 percent of the amount exported in 1993.
       ``(D) No exporting State shall be required under this 
     subparagraph to reduce its exports to any importing State 
     below the proportionate amount established herein.
       ``(2) Additional export limits.--
       ``(A) Prohibition.--No State may export to landfills or 
     incinerators in any 1 State that are not covered by host 
     community agreements or permits authorizing receipt of out-
     of-State municipal solid waste more than the following 
     amounts of municipal solid waste:
       ``(i) In calendar year 1998, the greater of 1,400,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1993.
       ``(ii) In calendar year 1999, the greater of 1,300,000 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 1998.
       ``(iii) In calendar year 2000, the greater of 1,200,000 
     tons or 90 percent of the amount exported to the State in 
     calendar year 1999.
       ``(iv) In calendar year 2001, the greater of 1,100,00 tons 
     or 90 percent of the amount exported to the State in calendar 
     year 2000.
       ``(v) In calendar year 2002, 1,000,000 tons.
       ``(vi) In calendar year 2003, 750,000 tons.
       ``(vii) In calendar year 2004 or any calendar year 
     thereafter, 550,000 tons.
       ``(B) Action by governor.--The Governor of an importing 
     State may restrict levels of imports of municipal solid waste 
     into that State to reflect the levels specified in 
     subparagraph (A) if--
       ``(i) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator 12 
     months prior to enforcement of the importing State's 
     intention to impose the requirements of this section;
       ``(ii) the Governor of the importing State has notified the 
     Governor of the exporting State and the Administrator of the 
     violation by the exporting State of this section at least 90 
     days prior to the enforcement of this section; and
       ``(iii) the restrictions imposed by the Governor of the 
     importing State are uniform at all facilities within the 
     State receiving municipal solid waste from the exporting 
     State.
       ``(3) Duration.--The authority provided by paragraph (1) or 
     (2) or both shall apply for as long as a State exceeds the 
     levels allowable under paragraph (1) or (2), as the case may 
     be.
       ``(4) Uniformity.--Any restriction imposed by a State under 
     paragraph (1) or (2)--
       ``(A) shall be applicable throughout the State;
       ``(B) shall not directly or indirectly discriminate against 
     any particular landfill or incinerator within the State; and
       ``(C) shall not directly or indirectly discriminate against 
     any shipments of out-of-State municipal solid waste on the 
     basis of place of origin, in the case of States in violation 
     of paragraph (1) or (2).
       ``(e) Authorization Not Required for Certain Facilities.--
       ``(1) In general.--The prohibition on the disposal of out-
     of-State municipal solid waste in subsection (a) shall not 
     apply to landfills and incinerators that--
       ``(A) were in operation on the date of enactment of this 
     section and received during calendar year 1993 documented 
     shipments of out-of-State municipal solid waste, or
       ``(B) before the date of enactment of this section, the 
     owner or operator entered into a host community agreement or 
     received a permit specifically authorizing the owner or 
     operator to accept at the landfill or incinerator municipal 
     solid waste generated outside the State in which it is or 
     will be located.
       ``(2) Availability of documentation.--The owner or operator 
     of a landfill or incinerator that is exempt under paragraph 
     (1) of this subsection from the requirements of subsection 
     (a) shall provide to the State and affected local government, 
     and make available for inspection by the public in the 
     affected local community, a copy of the host community 
     agreement or permit referenced in paragraph (1). The owner or 
     operator may omit from such copy or other documentation any 
     proprietary information, but shall ensure that at least the 
     following information is apparent: the volume of out-of-State 
     municipal solid waste received, the place of origin of the 
     waste, and the duration of any relevant contract.
       ``(3) Denied or revoked permits.--A landfill or incinerator 
     may not receive for disposal or incineration out-of-State 
     municipal solid waste in the absence of a host community 
     agreement if the operating permit or license for the landfill 
     or incinerator (or renewal thereof) was denied or revoked by 
     the appropriate State agency before the date of enactment of 
     this section unless such permit or license (or renewal) has 
     been reinstated as of such date of enactment.
       ``(4) Waste within bi-state metropolitan statistical 
     areas.--The owner or operator of a landfill or incinerator in 
     a State may receive out-of-State municipal solid waste 
     without obtaining authorization under subsection (a) from the 
     affected local government if the out-of-State waste is 
     generated within, and the landfill or incinerator is located 
     within, the same bi-State level A metropolitan statistical 
     area (as defined by the Office of Management and Budget and 
     as listed by the Office of Management and Budget as of the 
     date of enactment of this section) that contains two 
     contiguous major cities each of which is in a different 
     State.
       ``(f) Needs Determination.--Any comprehensive solid waste 
     management plan adopted by an affected local government 
     pursuant to Federal or State law may take into account local 
     and regional needs for solid waste disposal capacity. Any 
     implementation of such plan through the State permitting 
     process may take into account local and regional needs for 
     solid waste disposal capacity only in a manner that is not 
     inconsistent with the provisions of this section.
       ``(g) Cost Recovery Surcharge.--
       ``(1) Authority.--A State described in paragraph (2) may 
     adopt a law and impose and collect a cost recovery charge on 
     the processing or disposal of out-of-State municipal solid 
     waste in the State in accordance with this subsection.
       ``(2) Applicability.--The authority to impose a cost 
     recovery surcharge under this subsection applies to any State 
     that on or before April 3, 1994, imposed and collected a 
     special fee on the processing or disposal of out-of-State 
     municipal solid waste pursuant to a State law.
       ``(3) Limitation.--No such State may impose or collect a 
     cost recovery surcharge from a facility on any out-of-State 
     municipal solid waste that is being received at the facility 
     under 1 or more contracts entered into after April 3, 1994, 
     and before the date of enactment of this section.
       ``(4) 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 
     (6) and in no event may exceed $1 per ton of waste.
       ``(5) Use of surcharge collected.--All cost recovery 
     surcharges collected by a State covered by this subsection 
     shall be used to fund those solid waste management programs 
     administered by the State or its political subdivision that 
     incur costs for which the surcharge is collected.
       ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
     (C), a State covered by this subsection may impose and 
     collect a cost recovery surcharge on the processing 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 processing 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

[[Page S2323]]

     otherwise paid, recovered, or offset by any other fee or tax 
     paid to the State or its political subdivision or to the 
     extent that the amount of the surcharge is offset by 
     voluntarily agreed payments to a State or its political 
     subdivision in connection with the generation, 
     transportation, treatment, processing, 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).
       ``(7) 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 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.
       ``(h) Implementation and Enforcement.--Any State may adopt 
     such laws and regulations, not inconsistent with this 
     section, as are necessary to implement and enforce this 
     section, including provisions for penalties.
       ``(i) Savings Clause.--Nothing in this section shall be 
     interpreted or construed--
       ``(1) to have any effect on State law relating to 
     contracts;
       ``(2) to authorize or result in the violation or failure to 
     perform the terms of a written, legally binding contract 
     entered into before enactment of this section during the life 
     of the contract as determined under State law; or
       ``(3) to affect the authority of any State or local 
     government to protect public health and the environment 
     through laws, regulations, and permits, including the 
     authority to limit the total amount of municipal solid waste 
     that landfill or incinerator owners or operators with the 
     jurisdiction of a State may accept during a prescribed 
     period: Provided, That such limitations do not discriminate 
     between in-State and out-of-State municipal solid waste, 
     except to the extent authorized by this section.
       ``(j) Definitions.--As used in this section:
       ``(1) Affected local government.--(A) For any landfill or 
     incinerator, the term `affected local government' means--
       ``(i) the public body authorized by State law to plan for 
     the management of municipal solid waste, a majority of the 
     members of which are elected officials, for the area in which 
     the landfill or incinerator is located or proposed to be 
     located; or
       ``(ii) if there is no such body created by State law--
       ``(I) the elected officials of the city, town, township, 
     borough, county, or parish selected by the Governor and 
     exercising primary responsibility over municipal solid waste 
     management or the land or the use of land in the jurisdiction 
     in which the facility is located or is proposed to be 
     located; or
       ``(II) if a Governor fails to make a selection under 
     subclause (I), and publish a notice regarding the selection, 
     within 90 days after the date of enactment of this section, 
     the elected officials of the city, town, township, borough, 
     county, parish, or other public body created pursuant to 
     State law with primary jurisdiction over the land or the use 
     of land on which the facility is located or is proposed to be 
     located.

     The Governor shall publish a notice regarding the selection 
     described in clause (ii).
       ``(B) Notwithstanding subparagraph (A), for purposes of 
     host community agreements entered into before the date of 
     enactment of this section (or before the date of publication 
     of notice, in the case of subparagraph (A)(ii)), the term 
     shall mean either the public body described in clause (i) or 
     the elected officials of the city, town, township, borough, 
     county, or parish exercising primary responsibility for 
     municipal solid waste management or the land or the use of 
     land on which the facility is located or proposed to be 
     located.
       ``(C) Two or more Governors of adjoining States may use the 
     authority provided in section 1005(b) to enter into an 
     agreement under which contiguous units of local government 
     located in each of the adjoining States may act jointly as 
     the affected local government for purposes of providing 
     authorization under subsection (a) for municipal solid waste 
     generated in 1 of the jurisdictions described in subparagraph 
     (A) and received for disposal or incineration in another.
       ``(2) Host community agreement.--The term `host community 
     agreement' means a written, legally binding document or 
     documents executed by duly authorized officials of the 
     affected local government that specifically authorizes a 
     landfill or incinerator to receive municipal solid waste 
     generated out-of-State, but does not include any agreement to 
     pay host community fees for receipt of waste unless 
     additional express authorization to receive out-of-State 
     municipal solid waste is also included.
       ``(3) Municipal solid waste.--The term `municipal solid 
     waste' means refuse (and refuse-derived fuel) generated by 
     the general public, from a residential source, or from a 
     commercial, institutional, or industrial source (or any 
     combination thereof) to the extent such waste is essentially 
     the same as waste normally generated by households or was 
     collected and disposed of with other municipal solid waste as 
     part of normal municipal solid waste collection services, and 
     regardless of when generated, would be considered 
     conditionally exempt small quantity generator waste under 
     section 3001(d), such as paper, food, wood, yard wastes, 
     plastics, leather, rubber, appliances, or other combustible 
     or noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal solid waste' does 
     not include any of the following:
       ``(A) Any solid waste identified or listed as a hazardous 
     waste under section 3001.
       ``(B) Any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act.
       ``(C) Recyclable materials that have been separated, at the 
     source of the waste, from waste otherwise destined for 
     disposal or that have been managed separately from waste 
     destined for disposal.
       ``(D) Any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator of the waste, or is located on property owned 
     by a company with which the generator is affiliated.
       ``(E) Any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation.
       ``(F) Sewage sludge and residuals from any sewage treatment 
     plant, including any sewage treatment plant required to be 
     constructed in the State of Massachusetts pursuant to any 
     court order issued against the Massachusetts Water Resources 
     Authority.
       ``(G) Combustion ash generated by resource recovery 
     facilities or municipal incinerators, or waste from 
     manufacturing or processing (including pollution control) 
     operations not essentially the same as waste normally 
     generated by households.
       ``(H) Any medical waste that is segregated from or not 
     mixed with municipal solid waste (as otherwise defined in 
     this paragraph).
       ``(I) Any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(4)  Out-of-state municipal solid waste.--The term `out-
     of-State municipal solid waste' means, with respect to any 
     State, municipal solid waste generated outside of the State. 
     Unless the President determines it is not consistent with the 
     North American Free Trade Agreement and the General Agreement 
     on Tariffs and Trade, the term shall include municipal solid 
     waste generated outside of the United States.
       ``(5) Specifically authorized; specifically authorizes.--
     The terms `specifically authorized' and `specifically 
     authorizes' refer to an explicit authorization, contained in 
     a host community agreement or permit, to import waste from 
     outside the State. Such authorization may include a reference 
     to a fixed radius surrounding the landfill or incinerator 
     that includes an area outside the State or a reference to 
     `any place of origin', reference to specific places outside 
     the State, or use of such phrases as `regardless of origin' 
     or `outside the State'. The language for such authorization 
     may vary as long as it clearly and affirmatively states the 
     approval or consent of the affected local government or State 
     for receipt of municipal solid waste from sources or 
     locations outside the State.''.
       (b) Table of Contents.--The table of contents in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     is amended by adding after the item relating to section 4010 
     the following:

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



 SUMMARY OF STATE AND LOCAL GOVERNMENT INTERSTATE WASTE CONTROL ACT OF 
                                  1997

       The State and Local Government Interstate Waste Control Act 
     of 1997 provides the following new legal authority to every 
     State to restrict out-of-State municipal solid waste.
       Import Ban. Municipal solid waste imports are banned at 
     landfills or incinerators that did not receive out-of-State 
     municipal solid waste in 1993 unless the affected local 
     community, as defined by the Governor or State law, agrees to 
     accept the waste.
       Import Freeze. A Governor may cap municipal solid waste 
     imports at all landfills and incinerators at their 1993 
     import levels.
       Export State Rachet. No state may export municipal solid 
     waste to a landfill or an incinerator in any single state in 
     excess of the following amounts: in 1998, 1.4 million tons or 
     90% of the amount exported to the state in 1993; in 1999, 1.3 
     million tons or 90% of the amount exported to the state in 
     1998; in 2000, 1.2 million tons or 90% of the amount exported 
     to the state in 1999; in 2001, 1.1 million tons, or 90% of 
     the amount exported to the state in 2000; in 2002, 1 million 
     tons; in 2003, 750,000 tons; and in 2004 and each year 
     thereafter, 550,000 tons.
       Import State Ratchet. A Governor of any State that imported 
     more than 750,000 tons of out-of-State municipal solid waste 
     in 1993

[[Page S2324]]

     may reduce the amount of imports to the following levels: in 
     1998, 95% of the amount exported to the State in 1993; in 
     years 1999 through 2003, 95% of the amount exported to the 
     State in the previous year; in 2004 and each year thereafter, 
     65% of the amount exported in 1993.
       Protection of Host Community Ageements. The bill prohibits 
     a Governor from limiting or prohibiting municipal solid waste 
     imports to landfills or incinerators that have a host 
     community agreement (as defined in the bill). Such agreements 
     must expressly authorize the receipt of out-of-State 
     municipal solid waste.
       Needs Determination. The bill allows a State plan to take 
     into account local and regional needs for solid waste 
     disposal capacity through State permitting provided that it 
     is implemented in a manner that is not inconsistent with the 
     provisions of the bill.
       Cost Recovery Surcharge. States that imposed a differential 
     fee on the disposal of out-of-State municipal solid waste, on 
     or before April 3, 1994, are allowed to impose a fee of no 
     more than $1 per ton of municipal solid waste, as long as the 
     differential fee is utilized to fund solid waste management 
     programs administered by the State.
                                 ______