I 
109TH CONGRESS 
1ST SESSION H. R. 2491 
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. STU-
PAK, and Mr. UPTON) introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
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 Representa-
tives 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’’.
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SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL 
OF MUNICIPAL SOLID WASTE. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
after section 4010 the following new section: 
‘‘SEC. 4011. INTERNATIONAL TRANSPORTATION AND DIS-
POSAL OF MUNICIPAL SOLID WASTE. 
‘‘(a) STATE AUTHORITY TO ADDRESS IMPORTATION 
AND MANAGEMENT OF MUNICIPAL SOLID WASTE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) Until the date on which the regula-
tions, issued by the Administrator, to imple-
ment and enforce the Agreement (including no-
tice 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 for-
eign municipal solid waste within the State. 
‘‘(B) A State shall undergo all required 
public notification, hearing, comment, and con-
sent processes when exercising the grant of au-
thority provided in paragraph (A) as required 
by State law. 
‘‘(2) EFFECT
ON
INTERSTATE
AND
FOREIGN 
COMMERCE.—No State action taken as authorized 
by this section shall be considered to impose an
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undue burden on interstate and foreign commerce or 
to otherwise impair, restrain, or discriminate against 
interstate and foreign commerce. 
‘‘(3) TRADE AND TREATY OBLIGATIONS.—State 
authorities granted under this section shall be imple-
mented consistent with international trade obliga-
tions pursuant to 19 U.S.C. 3312. 
‘‘(b) AUTHORITY OF ADMINISTRATION.— 
‘‘(1) IN
GENERAL.—Beginning immediately 
after the date of enactment of this section, the Ad-
ministration shall— 
‘‘(A) perform the functions of the Des-
ignated Authority of the United States de-
scribed in the Agreement with respect to the 
importation and exportation of municipal solid 
waste under the Agreement; and 
‘‘(B) not later than 24 months after the 
date of enactment, implement and enforce the 
notice and consent provisions of the Agreement, 
as well as the provisions thereof. 
‘‘(2) CONSENT
TO
IMPORTATION.—In consid-
ering whether to consent to the importation under 
article 3(c) of the Agreement, the Administrator 
shall—
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‘‘(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 dis-
posed; 
‘‘(B) consider the impact of the importa-
tion on— 
‘‘(i) continued public support for and 
adherence to State and local recycling pro-
grams; 
‘‘(ii) landfill capacity as provided in 
comprehensive waste management plans; 
‘‘(iii) air emissions from increased ve-
hicular traffic; and 
‘‘(iv) road deterioration from in-
creased vehicular traffic; and 
‘‘(C) consider the impact of the importa-
tion on homeland security, public health, and 
the environment. 
‘‘(3) ACTIONS IN VIOLATION OF THE AGREE-
MENT.—No person shall import, transport, or export 
municipal solid waste for final disposal or for incin-
eration in violation of the Agreement Between the 
Government of the United States of America and
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the 
Government 
of 
Canada 
Concerning 
the 
Transboundary Movement of Hazardous Waste, or 
any laws, orders, or regulations issued to implement 
and enforce such 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 Admin-
istrator may issue an order assessing a civil penalty 
for any past or current violation, requiring compli-
ance 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 dis-
trict in which the violation occurred for appropriate 
relief, including a temporary or permanent injunc-
tion. 
‘‘(2) Any order issued pursuant to this sub-
section shall state with reasonable specificity the na-
ture of the violation. Any penalty assessed in the 
order shall not exceed $25,000 per day of non-
compliance 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.