[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2792 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2792

To amend the Solid Waste Disposal Act to authorize the Administrator of 
 the Environmental Protection Agency to carry out certain authorities 
    relating to the importation of municipal solid waste under the 
  Agreement Concerning the Transboundary Movement of Hazardous Waste 
                 between the United States and Canada.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2002

   Mr. Levin introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to authorize the Administrator of 
 the Environmental Protection Agency to carry out certain authorities 
    relating to the importation of municipal solid waste under the 
  Agreement Concerning the Transboundary Movement of Hazardous Waste 
                 between the United States and Canada.

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

SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT 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 at the end the following:

``SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.

    ``(a) Definitions.--In this section:
            ``(1) Agreement.--The term `Agreement' means--
                    ``(A) the Agreement Concerning the Transboundary 
                Movement of Hazardous Waste between the United States 
                and Canada, signed at Ottawa on October 28, 1986 (TIAS 
                11099); and
                    ``(B) any regulations promulgated to implement and 
                enforce that Agreement.
            ``(2) Municipal solid waste.--The term `municipal solid 
        waste' has the meaning given the term in the Agreement.
    ``(b) Prohibition.--It shall be unlawful for any person to import, 
transport, or export municipal solid waste, for final disposal or 
incineration, in violation of the Agreement.
    ``(c) Authority of Administrator.--
            ``(1) In general.--Beginning immediately after the date of 
        enactment of this section, the Administrator shall--
                    ``(A) perform the functions of the Designated 
                Authority of the United States described in the 
                Agreement with respect to the importation and 
                exportation of municipal solid waste under the 
                Agreement; and
                    ``(B) implement and enforce the Agreement 
                (including notice and consent provisions of the 
                Agreement).
            ``(2) Consent to importation.--In considering whether to 
        consent to the importation of municipal solid waste under 
        article 3(c) of the Agreement, the Administrator shall--
                    ``(A) give substantial consideration to the views 
                of each State into which the municipal solid waste is 
                to be imported; and
                    ``(B) consider the impact of the importation on--
                            ``(i) continued public support for, and 
                        adherence to, State and local recycling 
                        programs;
                            ``(ii) landfill capacity, as provided in 
                        comprehensive waste management plans;
                            ``(iii) air emissions resulting from 
                        increased vehicular traffic;
                            ``(iv) road deterioration resulting from 
                        increased vehicular traffic; and
                            ``(v) public health and the environment.
    ``(d) Compliance Orders.--
            ``(1) In general.--If, on the basis of any information, the 
        Administrator determines that a person has violated or is in 
        violation of this section, the Administrator may--
                    ``(A) issue an order that--
                            ``(i) assesses a civil penalty against the 
                        person for any past or current violation of the 
                        person; or
                            ``(ii) requires compliance by the person 
                        with this section immediately or by a specified 
                        date; or
                    ``(B) bring a civil action against the person for 
                appropriate relief (including a temporary or permanent 
                injunction) in the United States district court for the 
                district in which the violation occurred.
            ``(2) Specificity.--
                    ``(A) In general.--Any order issued under paragraph 
                (1) for a violation of this subsection shall state with 
                reasonable specificity the nature of the violation.
                    ``(B) Penalties.--
                            ``(i) Maximum penalty.--Any penalty 
                        assessed by an order issued under paragraph (1) 
                        shall not exceed $25,000 per day of 
                        noncompliance for each violation.
                            ``(ii) Considerations.--In assessing a 
                        penalty under this section, the Administrator 
                        shall take into account--
                                    ``(I) the seriousness of the 
                                violation for which the penalty is 
                                assessed; and
                                    ``(II) any good faith efforts of 
                                the person against which the penalty is 
                                assessed to comply with applicable 
                                requirements.
    ``(e) Public Hearing.--
            ``(1) In general.--Any order issued under this section 
        shall become final unless, not later than 30 days after the 
        date of issuance of the order, the person or persons against 
        which the order is issued submit to the Administrator a request 
        for a public hearing.
            ``(2) Hearing.--On receipt of a request under paragraph 
        (1), the Administrator shall promptly conduct a public hearing.
            ``(3) Subpoenas.--In connection with any hearing under this 
        subsection, the Administrator may--
                    ``(A) issue subpoenas for--
                            ``(i) the attendance and testimony of 
                        witnesses; and
                            ``(ii) the production of relevant papers, 
                        books, and documents; and
                    ``(B) promulgate regulations that provide for 
                procedures for discovery.
    ``(f) Violation of Compliance Orders.--If a person against which an 
order is issued fails to take corrective action as specified in the 
order, the Administrator may assess a civil penalty of not more than 
$25,000 for each day of continued noncompliance with the order.''.
    (b) Table of Contents.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of 
the items relating to subtitle D the following:

``Sec. 4011. Canadian transboundary movement of municipal solid 
                            waste.''.
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