```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2491 Reported in House (RH)]

                                                 Union Calendar No. 130
109th CONGRESS
  1st Session
                                H. R. 2491

                          [Report No. 109-235]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2005

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

                           September 27, 2005

Additional sponsors: Mr. Schwarz of Michigan, Mr. Levin, Mr. Hoekstra, 
 Mr. Kildee, Mrs. Miller of Michigan, Ms. Kilpatrick of Michigan, Mr. 
                          Ehlers, and Mr. Camp

                           September 27, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on Mayb 
                               19, 2005]

_______________________________________________________________________

                                 A BILL

 
 To amend the Solid Waste Disposal Act to authorize States to restrict 
 receipt of foreign municipal solid waste and 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. 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:

``SEC. 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.''.
    (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.''.
                                                 Union Calendar No. 130

109th CONGRESS

  1st Session

                               H. R. 2491

                          [Report No. 109-235]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 27, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```