[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 411 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 411

 To direct the Administrator of the Environmental Protection Agency to 
carry out certain authorities under an agreement with Canada respecting 
   the importation of municipal solid waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2003

 Mr. Dingell (for himself, Mr. Levin, Mr. Stupak, Mr. Kildee, and Mr. 
 Rogers of Michigan) introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of the Environmental Protection Agency to 
carry out certain authorities under an agreement with Canada respecting 
   the importation of municipal solid waste, and for other purposes.

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

SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.

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

       ``canadian transboundary movement of municipal solid waste

    ``Sec. 4011. (a) Prohibition.--No person shall import, transport, 
or export municipal solid waste for final disposal or for incineration 
in violation of the Agreement Between the Government of the United 
States of America and the Government of Canada Concerning the 
Transboundary Movement of Hazardous Waste, or any regulations issued to 
implement and enforce such agreement.
    ``(b) Administrator's Authority.--The Administrator shall perform 
the functions of the Designated Authority of the United States with 
respect to the importation and exportation of municipal solid waste 
under the agreement described in subsection (a). Beginning immediately 
upon the enactment of this section, the Administrator shall implement 
and enforce the notice and consent provisions of such agreement, as 
well as the other provisions thereof. In considering whether to consent 
to the importation of municipal solid waste under article 3(c) of such 
agreement, the Administrator shall--
            ``(1) give substantial weight to the views of the State or 
        States into which the municipal solid waste is to be imported, 
        and consider the views of the local government with 
        jurisdiction over the location where the waste is to be 
        disposed; and
            ``(2) consider the impact of the importation on--
                    ``(A) continued public support for and adherence to 
                State and local recycling programs;
                    ``(B) landfill capacity as provided in 
                comprehensive waste management plans;
                    ``(C) air emissions from increased vehicular 
                traffic;
                    ``(D) road deterioration from increased vehicular 
                traffic; and
                    ``(E) public health and the environment.
    ``(c) Compliance Orders.--(1) Whenever on the basis of any 
information the Administrator determines that any person has violated 
or is in violation of this section, the Administrator may issue an 
order assessing a civil penalty for any past or current violation, 
requiring compliance immediately or within a specified time period, or 
both, or the Administrator may commence a civil action in the United 
States district court in the district in which the violation occurred 
for appropriate relief, including a temporary or permanent injunction.
    ``(2) Any order issued pursuant to this subsection shall state with 
reasonable specificity the nature of the violation. Any penalty 
assessed in the order shall not exceed $25,000 per day of noncompliance 
for each violation. In assessing such a penalty, the Administrator 
shall take into account the seriousness of the violation and any good 
faith efforts to comply with applicable requirements.
    ``(d) Public Hearing.--Any order issued under this section shall 
become final unless, not later than 30 days after the order is served, 
the person or persons named therein request a public hearing. Upon such 
request the Administrator shall promptly conduct a public hearing. In 
connection with any proceeding under this section the Administrator may 
issue subpoenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may promulgate 
rules for discovery procedures.
    ``(e) Violation of Compliance Orders.--If a violator fails to take 
corrective action within the time specified in a compliance order, the 
Administrator may assess a civil penalty of not more than $25,000 for 
each day of continued noncompliance with the order.''.
    (b) Table of Contents Amendment.--The table of contents of such 
subtitle D is amended by adding at the end the following new item:

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