II 

112TH CONGRESS 

1ST SESSION S. 840 

To establish customs user fees for commercial trucks transporting foreign 

municipal solid waste, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

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 establish customs user fees for commercial trucks transporting foreign municipal solid waste, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Canadian Trash 

5 Act’’. 


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1 SEC. 2. CUSTOMS USER FEES FOR COMMERCIAL TRUCKS 

2 TRANSPORTING FOREIGN MUNICIPAL SOLID 

3 WASTE. 

4 (a) IN GENERAL.—Section 13031 of the Consolidated 

5 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

6 58c) is amended— 

7 (1) in subsection (a)(2), by inserting ‘‘or $500 

8 if such truck is transporting foreign municipal solid 

9 waste’’ before the end period; 

10 (2) in subsection (b)(2), by striking ‘‘No fee’’ 

11 and inserting ‘‘Except for the fee charged for each 

12 arrival of a commercial truck that is transporting 

13 foreign municipal solid waste, no fee’’; and 

14 (3) in subsection (b)(7), by striking ‘‘No fee’’ 

15 and inserting ‘‘Except for the fee charged for each 

16 arrival of a commercial truck that is transporting 

17 foreign municipal solid waste, no fee’’. 

18 (b) DEFINITIONS.—Subsection (c) of such section is 

19 amended by adding at the end the following: 

20 ‘‘(6) FOREIGN MUNICIPAL SOLID WASTE.—The 

21 term ‘foreign municipal solid waste’ means munic22 ipal solid waste generated outside of the customs 

23 territory of the United States. 

24 ‘‘(7) MUNICIPAL SOLID WASTE.— 

25 ‘‘(A) IN GENERAL.—The term ‘municipal 

26 solid waste’ means— 


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1 ‘‘(i) all waste materials, collected or 

2 handled by any means, discarded for dis3 posal by households, including single and 

4 multifamily residences, hotels, and motels; 

5 and 

6 ‘‘(ii) all waste materials, collected or 

7 handled by any means, discarded for dis8 posal that were generated by commercial, 

9 institutional, municipal, or industrial 

10 sources, including— 

11 ‘‘(I) rubbish; 

12 ‘‘(II) food; 

13 ‘‘(III) yard waste; 

14 ‘‘(IV) paper; 

15 ‘‘(V) clothing; 

16 ‘‘(VI) appliances; 

17 ‘‘(VII) consumer product pack18 aging; 

19 ‘‘(VIII) disposable diapers; 

20 ‘‘(IX) office supplies; 

21 ‘‘(X) cosmetics; 

22 ‘‘(XI) glass and metal food con23 tainers; 

24 ‘‘(XII) household hazardous 

25 waste; 


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1 ‘‘(XIII) debris resulting from 

2 construction; and 

3 ‘‘(XIV) remodeling, repair, or 

4 demolition of structures. 

5 ‘‘(B) EXCEPTION.—The term ‘municipal 

6 solid waste’ does not include any of the fol7 lowing: 

8 ‘‘(i) Any solid waste identified or list9 ed as a hazardous waste under section 

10 3001 of the Solid Waste Disposal Act (42 

11 U.S.C. 6921), except for household haz12 ardous waste. 

13 ‘‘(ii) Any solid waste, including con14 taminated soil and debris, resulting from a 

15 response to a release or threatened release 

16 of a hazardous substance which, had such 

17 response occurred within the United 

18 States, would constitute— 

19 ‘‘(I) a response action taken 

20 under section 104 or 106 of the Com21 prehensive Environmental Response, 

22 Compensation, and Liability Act (42 

23 U.S.C. 9604 and 9606); or 

24 ‘‘(II) a response action taken 

25 under a State law with authorities 


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1 comparable to the authorities of such 

2 section 104 or 106. 

3 ‘‘(iii) Recyclable materials that have 

4 been separated, at the source of the waste, 

5 from waste otherwise destined for disposal 

6 or that have been managed separately from 

7 waste destined for disposal. 

8 ‘‘(iv) Any waste being used solely as 

9 feedstock for the purpose of alternative en10 ergy production. 

11 ‘‘(v) Any medical waste that is seg12 regated from or not mixed with solid 

13 waste. 

14 ‘‘(vi) Solid waste generated incident to 

15 the provision of service in interstate, intra16 state, foreign, or overseas air transpor17 tation.’’. 

18 SEC. 3. INFORMATION TO BE PROVIDED TO CUSTOMS. 

19 (a) IN GENERAL.—Not later than 120 days after the 

20 date of the enactment of this Act, the Secretary of Home21 land Security shall promulgate regulations requiring each 

22 importer of foreign municipal solid waste (as defined sec23 tion 13031(c) of the Consolidated Omnibus Budget Rec24 onciliation Act of 1985 (19 U.S.C. 58c(c))) to provide, 

25 with respect to each truck carrying foreign municipal solid 


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1 waste that enters the customs territory of the United 

2 States, the following information: 

3 (1) The cubic feet of the foreign municipal solid 

4 waste in the truck. 

5 (2) The specific type and content of such waste. 

6 (3) Any other information the Secretary of 

7 Homeland Security deems appropriate. 

8 (b) PENALTIES.—Any person who fails to provide, or 

9 falsifies, the information required by this section, or any 

10 regulation issued under this section, shall, in addition to 

11 any other civil or criminal penalty that may be imposed 

12 under title 18, United States Code, under title 42, United 

13 States Code, or under any other provision of law, be as14 sessed a civil penalty by the Secretary of Homeland Secu15 rity of not more than $10,000 for each such failure or 

16 falsification. 

Æ 


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