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108hr4940ih | 1. Short title
This Act may be cited as the Municipal Solid Waste Responsibility Act of 2004. 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... |
108hr4940ih | 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 ... |
108hr4940ih | (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 gr... |
108hr4940ih | (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. |
108hr4940ih | (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 inter... |
108hr4940ih | (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 s... |
108hr4940ih | (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 ... |
108hr4940ih | (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, i... |
108hr4940ih | (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 correctiv... |
108hr4940ih | (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. |
108hr4940ih | (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 ... |
108hr4940ih | (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... |
108hr4940ih | 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 ... |
108hr4940ih | (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 informati... |
108hr4940ih | (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 relatin... |
108hr4940ih | (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). |
108hr4940ih | (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 appl... |
108hr4940ih | (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). |
108hr4940ih | (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 app... |
108hr4940ih | (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 (i... |
108hr4940ih | (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). |
108hr4940ih | (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 appl... |
108hr4940ih | (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). |
108hr4940ih | (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 app... |
108hr4940ih | (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 (i... |
108hr4940ih | (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, ... |
108hr4940ih | 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. |
108hr4940ih | (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 age... |
108hr4940ih | (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 o... |
108hr4940ih | (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 ... |
108hr4940ih | 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 governm... |
108hr4940ih | (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 ... |
108hr4940ih | (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 paragrap... |
108hr4940ih | (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 disp... |
108hr4940ih | 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 incine... |
108hr4940ih | (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) ... |
108hr4940ih | (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 author... |
108hr4940ih | 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 G... |
108hr4940ih | (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 amoun... |
108hr4940ih | 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 o... |
108hr4940ih | 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 doe... |
108hr4940ih | (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 pl... |
108hr4940ih | (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 du... |
108hr4940ih | (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 ... |
108hr4940ih | 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 S... |
108hr4940ih | (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... |
108hr4940ih | (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 wa... |
108hr4940ih | 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 ... |
108hr4940ih | 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 demol... |
108hr4940ih | (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 auth... |
108hr4940ih | (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 man... |
108hr4940ih | (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 affili... |
108hr4940ih | (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-s... |
108hr4940ih | (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... |
108hr4940ih | 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 ... |
108hr4940ih | (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 ... |
108hr4940ih | (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 us... |
108hr4940ih | 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; ... |
108hr4940ih | (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 res... |
108hr4940ih | (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 i... |
108hr4940ih | (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... |
108hr4940ih | 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 Transbound... |
108hr4940ih | 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)... |
108hr4940ih | 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;... |
108hr4940ih | (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 ... |
108hr4940ih | 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 th... |
108hr4940ih | 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 correct... |
108hr4940ih | 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. 4011. |
108hr4940ih | 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 ... |
108hr4940ih | (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 gr... |
108hr4940ih | (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. |
108hr4940ih | (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 inter... |
108hr4940ih | (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 s... |
108hr4940ih | (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 ... |
108hr4940ih | (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, i... |
108hr4940ih | (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 correctiv... |
108hr4940ih | (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. |
108hr4940ih | (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 ... |
108hr4940ih | (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... |
108hr4940ih | 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 ... |
108hr4940ih | (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 informati... |
108hr4940ih | (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 relatin... |
108hr4940ih | (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). |
108hr4940ih | (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 appl... |
108hr4940ih | (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). |
108hr4940ih | (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 app... |
108hr4940ih | (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 (i... |
108hr4940ih | (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). |
108hr4940ih | (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 appl... |
108hr4940ih | (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). |
108hr4940ih | (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 app... |
108hr4940ih | (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 (i... |
108hr4940ih | (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, ... |
108hr4940ih | 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. |
108hr4940ih | (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 age... |
108hr4940ih | (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 o... |
108hr4940ih | (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 ... |
108hr4940ih | 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 governm... |
108hr4940ih | (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 ... |
108hr4940ih | (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 paragrap... |
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