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 new section:

4011.

International transportation and disposal of municipal solid waste

(a)

State authority to address importation and management of municipal solid waste

(1)

In general

Until the date on which all final regulations issued by the Administrator to implement and enforce the Agreement (including notice and consent provisions of the Agreement) become effective, a State may enact a law or laws or issue regulations or orders imposing limitations on the receipt and disposal of foreign municipal solid waste within the State. Laws, regulations, and orders enacted or issued before that date may continue in effect according to their terms after that date. (2)

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. (3)

Trade and treaty obligations

Nothing in this section affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. (b)

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 notice and consent and other provisions of the Agreement. (2)

Regulations

Not later than 24 months after the date of enactment of this section, the Administrator shall issue final regulations with respect to the Administrator’s responsibilities under paragraph (1). (3)

Consent to importation

In considering whether to consent to the importation under article 3(c) of the Agreement, the Administrator shall— (A)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; (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 from increased vehicular traffic; and (iv)road deterioration from increased vehicular traffic; and (C)consider the impact of the importation on homeland security, public health, and the environment. (4)

Actions in violation of the agreement

No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. (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. (f)

Definitions

For purposes of 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 amended on November 25, 1992; and (B)any regulations promulgated and orders issued to implement and enforce that Agreement. (2)

Foreign municipal solid waste

The term foreign municipal solid waste means municipal solid waste generated outside of the United States. (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; 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 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 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)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. (x)Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.

(b)

Table of contents amendment

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. International transportation and disposal of municipal solid waste..