I
107TH CONGRESS
2D SESSION
H. R. 5244
To direct the Administrator of the Environmental Protection Agency to carry
out certain authorities under an agreement with Canada respecting the
importation of municipal solid waste, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. DINGELL introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To direct the Administrator of the Environmental Protection
Agency to carry out certain authorities under an agree-
ment with Canada respecting the importation of munic-
ipal solid waste, 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. CANADIAN TRANSBOUNDARY MOVEMENT OF
MUNICIPAL SOLID WASTE.
(a) AMENDMENT.—Subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.) is amended by add-
ing at the end the following new section:
‘‘CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL
SOLID WASTE
‘‘SEC. 4011. (a) PROHIBITION.—No person shall im-
port, transport, or export municipal solid waste for final
disposal or for incineration in violation of the Agreement
Between the Government of the United States of America
and 
the 
Government 
of 
Canada 
Concerning 
the
Transboundary Movement of Hazardous Waste, or any
regulations issued to implement and enforce such agree-
ment.
‘‘(b) ADMINISTRATOR’S AUTHORITY.—The Adminis-
trator shall perform the functions of the Designated Au-
thority of the United States with respect to the importa-
tion and exportation of municipal solid waste under the
agreement described in subsection (a). Beginning imme-
diately upon the enactment of this section, the Adminis-
trator shall implement and enforce the notice and consent
provisions of such agreement, as well as the other provi-
sions thereof. In considering whether to consent to the im-
portation of municipal solid waste under article 3(c) of
such agreement, the Administrator shall—
‘‘(1) give substantial weight to the views of the
State or States into which the municipal solid waste
is to be imported, and to the views of the local gov-
ernment with jurisdiction over the location where the
waste is to be disposed; and
‘‘(2) consider the impact of the importation
on—
‘‘(A) continued public support for and ad-
herence to State and local recycling programs;
‘‘(B) landfill capacity as provided in com-
prehensive waste management plans;
‘‘(C) air emissions from increased vehicular
traffic;
‘‘(D) road deterioration from increased ve-
hicular traffic; and
‘‘(E) public health and the environment.
‘‘(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 sec-
tion, 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 vio-
lation. 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 Ad-
ministrator may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant pa-
pers, books, and documents, and may promulgate rules for
discovery procedures.
‘‘(e) VIOLATION OF COMPLIANCE ORDERS.—If a vio-
lator fails to take corrective action within the time speci-
fied 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.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of such subtitle D is amended by adding at
the end the following new item:
‘‘Sec. 4011. Canadian transboundary movement of municipal solid waste.’’.
Æ