[Congressional Record Volume 151, Number 75 (Wednesday, June 8, 2005)]
[Senate]
[Pages S6232-S6234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. STABENOW (for herself and Mr. Levin):
  S. 1198. 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; to the Committee on Environment and Public Works.
  Ms. STABENOW. Mr. President, I rise today to introduce the 
International Solid Waste Importation and Management Act. I want to 
thank Senator Levin for cosponsoring this bill and for his tireless 
work to stop Canadian trash imports into our State. The purpose of our 
bill is to finally put an end to the river of garbage flowing from 
Canada into Michigan's landfills.
  Our legislation is a companion bill to H.R. 2491 which is being voted 
on in the Subcommittee on Environment and Hazardous Material of the 
House Energy and Commerce Committee today. I am extremely pleased that 
Congress is starting to take action on this critical bill.
  I cannot overstate the importance of this legislation to Michigan. 
The number of trash trucks entering our State has continually 
increased. In fact, since the summer of 2003 the number of trash trucks 
coming from Canada has jumped from 180 per day to about 415 per day. 
The result is that Michigan is the third largest importer of trash out 
of all of the States in the Nation.
  Not only does this waste dramatically decrease Michigan's own 
landfill capacity, but it has a tremendous negative impact on 
Michigan's environment and on the public health of its citizens. 
Canadian waste also hampers the effectiveness of Michigan's state and 
local recycling efforts, since Ontario does not have a bottle law 
requiring recycling. Trash trucks also present a security risk at our 
Michigan-Canadian border, since, by their nature, trucks full of 
garbage are harder for Customs agents to inspect then traditional 
cargo.
  Michigan already has protections contained in an international 
agreement between the United States and Canada, but they 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 Environmental Protection Agency (EPA) as the 
designated authority for the United States would receive notification 
of a trash shipment and then consent or object to the shipment within 
30 days. Unfortunately, these notification provisions have never been 
enforced by the EPA.
  This legislation will give Michigan residents the protection they are 
entitled to under this bilateral treaty. The bill would allow the State 
of Michigan to pass laws to stop the Canadian trash shipments until the 
EPA finally enforces this treaty. Once the EPA begins enforcing the 
treaty, they would have to consider certain criteria when deciding 
whether to consent or object to a shipment, such as the State's views 
on the shipment, and the shipment's impact on landfill capacity, air 
emissions, public health, and the environment. These waste shipments 
should no longer be accepted without an examination of the impacts on 
the health and welfare of Michigan families.
  Michiganians and the Michigan Congressional delegation are united in 
our opposition to Canadian trash shipments. We have waged a continuous 
battle to end trash importation and we will continue to fight until we 
succeed. I urge my colleagues on the Senate Environment and Public 
Works Committee to take action on this crucial legislation as quickly 
as they can.
  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. 1198

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

[[Page S6233]]

     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. 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 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

[[Page S6234]]

     the item relating to section 4010 the following:

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

  Mr. LEVIN. Mr. President, every week, thousands of truckloads of 
solid municipal waste are being imported into the United States for 
disposal in US. landfills. Most of these shipments enter at three 
border crossings in Michigan: Port Huron, Sault Ste. Marie, and 
Detroit. Canadian shipments are entering this country' without 
regulatory controls to protect the environment and public safety as 
required by a treaty between the US. and Canada. The loads of municipal 
solid waste are more than just a nuisance. Canada's weekly importation 
of thousands of truckloads of trash into Michigan is a potential threat 
to our environment, health, and security.
  I join with my colleague Senator Stabenow today in introducing S. 
1198, the companion to H.R. 2491, which was reported by the House 
Energy and Commerce Subcommittee on Environment and Hazardous Waste 
today. It is long overdue for Congress to address this critical issue 
for Michigan and the rest of the U.S. This bill has the support of the 
entire Michigan Congressional delegation.
  Our legislation requires the EPA Administrator to implement 
regulations enforcing terms of the United States-Canada treaty within 
24 months, and it gives States the authority to regulate foreign waste 
transported into the U.S. until those regulations to implement and 
enforce the treaty become effective. Our bill implements the treaty's 
requirement that the Canadian environmental department notify the EPA 
of each shipment of waste that enters the United States. The EPA then 
has 30 days to object to the shipment or accept it.
  I believe this legislation will help to protect the health and 
environment of the people of Michigan. I am pleased to have worked on 
this bipartisan initiative with the other members of our State's 
congressional delegation and with Gov. Jennifer Granholm. I urge the 
members of the Senate Environment and Public Works Committee to take 
action on this legislation as quickly as possible.
                                 ______