[Congressional Record Volume 151, Number 14 (Thursday, February 10, 2005)]
[Senate]
[Pages S1273-S1274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. STABENOW:
  S. 346. A bill to amend the Solid Waste Disposal Act to prohibit the 
importation of Canadian municipal solid waste without State consent; to 
the Committee on Environment and Public Works.
  Ms. STABENOW. Mr. President, I rise today to reintroduce the Canadian 
Waste Import Ban Act of 2005, to address the rapidly growing problem of 
Canadian waste shipments to Michigan. Michigan has been known for its 
beautiful waters, lush forests, and now unfortunately as a top importer 
of international trash.
  My colleagues may be surprised to learn that the biggest source of 
waste to Michigan is not from another State, but from our neighbor to 
the north, Canada. The rapid increase in waste shipments is stunning. 
In 2003, 180 trash trucks crossed the Ambassador and Blue Water bridges 
into Michigan. Today, that number has more than doubled to 415 trucks 
per day. You can see these trucks lined up for miles waiting to cross 
into Michigan, polluting the air and creating traffic congestions. The 
city of Toronto alone sends over 1 million tons of trash annually to 
Michigan.
  This waste dramatically decreases Michigan's own landfill capacity, 
and has an incredible negative impact on Michigan's environment and the 
public health of its citizens. The waste also poses a tremendous 
homeland security threat, as trucks loaded with garbage are harder for 
Customs agents to inspect than traditional cargo.
  I fought and was successful in the installation of radiation 
equipment at these crossings. As a result of this equipment, the Blue 
Water Bridge port director reports that three to four Canadian trash 
trucks per week are being turned back at the border for containing 
dangerous radioactive materials such as medical waste. But we need the 
trash shipments to stop completely.
  Michigan already has protections contained in an international 
agreement between the United States and Canada, but are being ignored. 
Under the Agreement Concerning the Transboundary Movement of Hazardous 
Waste, which was entered into in 1986, shipments of waste across the 
Canadian-U.S. border require government-to-government notification. The

[[Page S1274]]

Environmental Protection Agency, EPA, as the designate authority for 
the United States would receive the notification and then would have 30 
days to consent or object to the shipment. Not only have these 
notification provisions not been enforced, but the EPA has indicated 
that they would not object to the municipal waste shipments.
  Michigan citizens have spoken loud and clear on this issue. More than 
165,000 people signed my on-line petition urging the EPA to use their 
power to stop the Canadian trash shipments. Residents from all 83 
Michigan counties have signed the petition--an unprecedented response. 
I've presented these signatures to both former EPA Administrator Mike 
Leavitt and Homeland Security Secretary Tom Ridge. But despite these 
efforts, EPA has not stopped these trash shipments.
  That is why I'm reintroducing my bill today. The Canadian Waste 
Import Ban of 2005 would stop the Canadian trash shipments by placing 
an immediate Federal ban on the importation of Canadian municipal solid 
waste. Any State that wishes to receive Canadian trash can opt out of 
the ban by giving notice to the EPA. The ban will be in place until the 
EPA enforces the notice and consent provision contained in the 
binational agreement.
  This legislation would also give Michigan residents the protection 
they deserve from these shipments. In enforcing the agreement, the EPA 
would have to obtain the consent of the receiving State before 
consenting to a Canadian municipal solid waste shipment. So if the 
State of Michigan says no, the EPA must object to the trash shipment.
  The EPA would also have to consider the impact of the shipment on 
homeland security, environment, and public health. These waste 
shipments should no longer be accepted without an examination of how it 
will affect the health and safety of Michigan families.
  Michigan residents deserve the protections provided by this 
international agreement and should be provided the ability to stop 
these dangerous and unhealthy trash shipments. I urge my colleagues to 
support the Canadian Waste Import Ban of 2005.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 346

       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 ``Canadian Waste Import Ban 
     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. CANADIAN 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 to implement and enforce 
     that Agreement.
       ``(2) Canadian municipal solid waste.--The term `Canadian 
     municipal solid waste' means municipal solid waste that is 
     generated in Canada.
       ``(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) Ban on Canadian Municipal Solid Waste.--
       ``(1) In general.--Except as provided in paragraph (2), 
     until the date on which the Administrator promulgates 
     regulations to implement and enforce the Agreement (including 
     notice and consent provisions of the Agreement), no person 
     may import into any State, and no solid waste management 
     facility may accept, Canadian municipal solid waste for the 
     purpose of disposal or incineration of the Canadian municipal 
     solid waste.
       ``(2) Election by governor.--The Governor of a State may 
     elect to opt out of the ban under paragraph (1), and consent 
     to the importation and acceptance by the State of Canadian 
     municipal solid waste before the date specified in that 
     paragraph, if the Governor submits to the Administrator a 
     notice of that election by the Governor.
       ``(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 Canadian municipal solid waste 
     under article 3(c) of the Agreement, the Administrator 
     shall--
       ``(A) obtain the consent of each State into which the 
     Canadian municipal solid waste is to be imported; and
       ``(B) consider the impact of the importation on homeland 
     security, public health, and the environment.''.
       (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. Canadian municipal solid waste''.
                                 ______