[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1198 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1198

 To amend the Solid Waste Disposal Act to authorize States to restrict 
 receipt of foreign municipal solid waste, to implement the Agreement 
 Concerning the Transboundary Movement of Hazardous Waste between the 
           United States and Canada, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2005

Ms. Stabenow (for herself and 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 States to restrict 
 receipt of foreign municipal solid waste, to implement the Agreement 
 Concerning the Transboundary Movement of Hazardous Waste between the 
           United States and Canada, 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. SHORT TITLE.

    This Act may be cited as the ``International Solid Waste 
Importation and Management Act of 2005''.

SEC. 2. CANADIAN 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. FOREIGN 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 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 that is 
        generated outside of the United States.
            ``(3) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means--
                            ``(i) material discarded for disposal by--
                                    ``(I) households (including single 
                                and multifamily residences); and
                                    ``(II) public lodgings such as 
                                hotels and motels; and
                            ``(ii) material discarded for disposal that 
                        was generated by commercial, institutional, and 
                        industrial sources, to the extent that the 
                        material--
                                    ``(I)(aa) is essentially the same 
                                as material described in clause (i); or
                                    ``(bb) is collected and disposed of 
                                with material described in clause (i) 
                                as part of a normal municipal solid 
                                waste collection service; and
                                    ``(II) is not subject to regulation 
                                under subtitle C.
                    ``(B) Inclusions.--The term `municipal solid waste' 
                includes--
                            ``(i) appliances;
                            ``(ii) clothing;
                            ``(iii) consumer product packaging;
                            ``(iv) cosmetics;
                            ``(v) debris resulting from construction, 
                        remodeling, repair, or demolition of a 
                        structure;
                            ``(vi) disposable diapers;
                            ``(vii) food containers made of glass or 
                        metal;
                            ``(viii) food waste;
                            ``(ix) household hazardous waste;
                            ``(x) office supplies;
                            ``(xi) paper; and
                            ``(xii) yard waste.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include--
                            ``(i) solid waste identified or listed as a 
                        hazardous waste under section 3001, except for 
                        household hazardous waste;
                            ``(ii) 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, 
                                9606);
                                    ``(II) a response action taken 
                                under a State law with authorities 
                                comparable to the authorities contained 
                                in either of those sections; or
                                    ``(III) a corrective action taken 
                                under this Act;
                            ``(iii) recyclable material--
                                    ``(I) that has been separated, at 
                                the source of the material, from waste 
                                destined for disposal; or
                                    ``(II) that has been managed 
                                separately from waste destined for 
                                disposal, including scrap rubber to be 
                                used as a fuel source;
                            ``(iv) a material or product returned from 
                        a dispenser or distributor to the manufacturer 
                        or an agent of the manufacturer for credit, 
                        evaluation, and possible potential reuse;
                            ``(v) solid waste that is--
                                    ``(I) generated by an industrial 
                                facility; and
                                    ``(II) transported for the purpose 
                                of treatment, storage, or disposal to a 
                                facility (which facility is in 
                                compliance with applicable State and 
                                local land use and zoning laws and 
                                regulations) or facility unit--
                                            ``(aa) that is owned or 
                                        operated by the generator of 
                                        the waste;
                                            ``(bb) that is located on 
                                        property owned by the generator 
                                        of the waste or a company with 
                                        which the generator is 
                                        affiliated; or
                                            ``(cc) the capacity of 
                                        which is contractually 
                                        dedicated exclusively to a 
                                        specific generator;
                            ``(vi) medical waste that is segregated 
                        from or not mixed with solid waste;
                            ``(vii) sewage sludge or residuals from a 
                        sewage treatment plant;
                            ``(viii) combustion ash generated by a 
                        resource recovery facility or municipal 
                        incinerator; or
                            ``(ix) waste from a manufacturing or 
                        processing (including pollution control) 
                        operation that is not essentially the same as 
                        waste normally generated by households.
    ``(b) Management of Foreign Municipal Solid Waste.--
            ``(1) State action.--
                    ``(A) In general.--Except as provided in paragraph 
                (2) and subject to subparagraph (B), until the date on 
                which the Administrator promulgates regulations to 
                implement and enforce the Agreement (including notice 
                and consent provisions of the Agreement), a State may 
                enact 1 or more laws, promulgate regulations, or issue 
                orders imposing limitations on the receipt and disposal 
                of foreign municipal solid waste within the State.
                    ``(B) No effect on existing authority.--A State 
                law, regulation, or order that is enacted, promulgated, 
                or issued before the date on which the Administrator 
                promulgates regulations under subparagraph (A)--
                            ``(i) may continue in effect after that 
                        date; and
                            ``(ii) shall not be affected by the 
                        regulations promulgated by the Administrator.
            ``(2) Effect on interstate and foreign commerce.--No State 
        action taken in accordance with this section shall be 
        considered--
                    ``(A) to impose an undue burden on interstate or 
                foreign commerce; or
                    ``(B) to otherwise impair, restrain, or 
                discriminate against interstate or 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.
    ``(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) Regulations.--Not later than 2 years after the date 
        of enactment of this section, the Administrator shall 
        promulgate final regulations with respect to the 
        responsibilities of the Administrator under paragraph (1).
            ``(3) Consent to importation.--In considering whether to 
        consent to the importation of Canadian municipal solid waste 
        under article 3(c) of the Agreement, the Administrator shall--
                    ``(A) give substantial weight to the views of each 
                State into which the foreign municipal solid waste is 
                to be imported, and consider the views of the local 
                government with jurisdiction over the location at which 
                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--
                            ``(i) homeland security;
                            ``(ii) public health; and
                            ``(iii) 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.
    ``(d) Compliance Orders.--
            ``(1) In general.--If, on the basis of any information, the 
        Administrator determines that any person has violated or is in 
        violation of this section, the Administrator may--
                    ``(A) 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
                    ``(B) 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) Specificity.--Any order issued pursuant to this 
        subsection shall state with reasonable specificity the nature 
        of the violation.
            ``(3) Maximum amount of penalty.--Any penalty assessed in 
        an order described in paragraph (1) shall not exceed $25,000 
        per day of noncompliance for each violation.
            ``(4) Penalty assessment.--In assessing a penalty under 
        paragraph (1), the Administrator shall take into account the 
        seriousness of the violation and any good faith efforts 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 on which the order is served, 1 or more persons named in 
        the order request a public hearing.
            ``(2) Procedure for hearing.--The Administrator--
                    ``(A) shall promptly conduct a public hearing on 
                receipt of a request under paragraph (1);
                    ``(B) in connection with any proceeding under this 
                section, may issue subpoenas for the attendance and 
                testimony of witnesses and the production of relevant 
                papers, books, and documents; and
                    ``(C) may promulgate rules for discovery 
                procedures.
    ``(f) Violation of Compliance Orders.--If a violator fails to take 
corrective action within the time specified in a compliance order 
issued under this section, the Administrator may assess a civil penalty 
of not more than $25,000 for each day of continued noncompliance with 
the order.''.
    (b) Conforming 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:

``Sec. 4011. Foreign municipal solid waste''.
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