I
105TH CONGRESS
1ST SESSION
H. R. 360
To amend the Solid Waste Disposal Act to prohibit the international export
and import of certain solid waste.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. TOWNS introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend the Solid Waste Disposal Act to prohibit the
international export and import of certain solid waste.
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 ‘‘Waste Export and Im-
port Prohibition Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Proposals to export solid waste from the
United States to foreign countries are increasing. In
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numerous instances exported waste has contami-
nated the environment, adversely affected public
health, and contributed to foreign policy liabilities
for the United States.
(2) Exports of solid waste are being undertaken
to avoid the community opposition and higher treat-
ment and disposal expenses that are associated with
waste disposal, treatment, and recycling in the
United States.
(3) Increasingly, hazardous waste exports are
justified by the agreeable term ‘‘recycling’’, even
though the result of the export is a transfer of pollu-
tion to areas of the world with little capability to
manage that pollution.
(4) Continued exports of solid waste serve as a
disincentive to implementation of existing domestic
policy, which recognizes reuse and waste reduction
as the best methods of solid waste management.
(5) Imports of waste from foreign countries
strain diminishing domestic waste disposal capacity,
threaten public health, and contaminate the environ-
ment.
(6) The international Basel Convention on the
Control of Transboundary Movements of Hazardous
Wastes and their Disposal recognizes the right and
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indeed encourages waste export and import prohibi-
tions. In the first meeting of the Parties, a decision
was made requesting industrialized countries to pro-
hibit transboundary movements of hazardous wastes
and other wastes for disposal to developing countries
and further requesting developing countries to pro-
hibit the import of hazardous wastes from industri-
alized countries.
(b) PURPOSE.—The purpose of this Act is to prohibit
the export of solid waste from the United States and the
import of solid waste from foreign countries.
SEC. 3. PROHIBITION OF EXPORT AND IMPORT OF SOLID
WASTE.
(a) PROHIBITION.—Subtitle A of the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) is amended by add-
ing at the end the following new section:
‘‘SEC. 1009. EXPORT AND IMPORT OF SOLID WASTE.
‘‘(a) PROHIBITION
ON EXPORTS
TO NON-OECD
COUNTRIES.—Effective July 1, 1994, no person may ex-
port any solid waste from the United States to a non-
OECD country, except as provided in subsection (c).
‘‘(b) PROHIBITION ON EXPORTS TO AND IMPORTS
FROM OECD COUNTRIES.—Effective January 1, 1999, no
person may export any solid waste from the United States
to an OECD country, or import any solid waste into the
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‘‘(ii) The waste does not have a char-
acteristic listed in Annex III of such convention.
‘‘(d) REQUIREMENT TO RETRIEVE OR CLEAN UP
WASTE.—(1) In any case in which waste is exported in
violation of this section, the Administrator shall ensure
that the waste is retrieved from the recipient foreign coun-
try, if the foreign country agrees to such retrieval, by ei-
ther requiring the violator to retrieve such waste pursuant
to a compliance order issued under subsection (g), or by
retrieving the waste directly.
‘‘(2) If the Administrator retrieves the waste directly,
the Administrator shall ensure that the waste is re-
trieved—
‘‘(A) in the case of a violation with respect to
which a compliance order has been issued, not later
than 90 days after the expiration of the time period
specified in the compliance order for retrieval of the
waste by the violator, if the violator has failed to re-
trieve the waste; and
‘‘(B) in the case of a violation with respect to
which a compliance order has not been issued, not
later than 90 days after discovery of the violation.
‘‘(3) If the foreign country does not agree to retrieval
of the waste, the Administrator shall dispose of or clean
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up such waste in the foreign country, to the extent the
foreign country agrees to such action.
‘‘(e) DEFINITIONS.—For purposes of this section, the
following definitions apply:
‘‘(1) The term ‘solid waste’ has the meaning
given that term by section 1004(27), except that
such term also includes the following:
‘‘(A) Low-level radioactive waste, as de-
fined in part 61 of title 10 of the Code of Fed-
eral Regulations.
‘‘(B) Mixed waste. For purposes of this
subsection, the term ‘mixed waste’ means haz-
ardous waste or nonhazardous waste mixed with
low-level radioactive waste.
‘‘(C) All wastes covered by the Basel Con-
vention on the Control of Transboundary Move-
ments of Hazardous Wastes and their Disposal,
as set forth in Annexes I, II, and III of that
convention.
‘‘(2) The term ‘OECD country’ means any for-
eign country that is a member of the Organization
for Economic Cooperation and Development.
‘‘(3) The term ‘non-OECD country’ means any
foreign country that is not an OECD country.
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‘‘(f) REGULATIONS.—The Administrator shall pro-
mulgate such regulations as may be necessary to imple-
ment this section. The regulations shall exclude from the
prohibitions contained in subsections (a) and (b) small
quantities of personal household waste carried by individ-
uals traveling abroad.
‘‘(g) ENFORCEMENT.—
‘‘(1) COMPLIANCE ORDERS.—(A) Whenever on
the basis of any information the Administrator de-
termines that any person has violated or is in viola-
tion of any requirement of this section, the Adminis-
trator may—
‘‘(i) issue an order assessing a civil penalty
for any past or current violation, requiring com-
pliance immediately or within a specified time
period, or both; or
‘‘(ii) commence a civil action in the United
States district court in the district in which the
violation occurred for appropriate relief, includ-
ing a temporary or permanent injunction.
‘‘(B) A compliance order issued under subpara-
graph (A)(i) shall include, in the case of a person
exporting waste in violation of this section, a re-
quirement to retrieve the waste from the recipient
foreign country within 90 days after issuance of the
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order, or within such shorter period of time as the
Administrator considers appropriate, if the foreign
country agrees to such retrieval.
‘‘(C) A compliance order issued under subpara-
graph (A)(i) may include—
‘‘(i) in the case of a person exporting waste
in violation of this section, a requirement to dis-
pose of or clean up the waste in the foreign
country, to the extent agreed to by the foreign
country; or
‘‘(ii) in the case of a person importing
waste in violation of this section, a requirement
to return the waste to the foreign country from
which the waste originated, if the foreign coun-
try agrees to accept such waste, or to dispose
of or clean up the waste in compliance with
applicable law.
‘‘(2) PUBLIC
HEARING.—Any order issued
under this subsection shall become final unless, not
later than 30 days after the order is served, the per-
son or persons named in the order request a public
hearing. Upon such request, the Administrator shall
promptly conduct a public hearing. In connection
with any proceeding under this section the Adminis-
trator may issue subpoenas for the attendance and
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testimony of witnesses and the production of rel-
evant papers, books, and documents, and may pro-
mulgate rules for discovery procedure.
‘‘(3) CIVIL PENALTIES.—(A) Any person who
violates any requirement of this section shall be lia-
ble to the United States for a civil penalty in an
amount not to exceed $25,000 for each such viola-
tion. Each day of such violation shall, for purposes
of this subsection, constitute a separate violation.
‘‘(B) If a violator fails to take the action re-
quired by a compliance order issued under para-
graph (1) within the time specified in the order, the
Administrator may assess a civil penalty of not more
than $25,000 for each day of continued noncompli-
ance with the order.
‘‘(4) CRIMINAL PENALTIES.—Any person who
knowingly violates the prohibition contained in this
section or any requirement of regulations promul-
gated under subsection (e) shall be subject to im-
prisonment for not to exceed 10 years, fined in ac-
cordance with title 18, United States Code, or both,
for each such violation.
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‘‘(5) CITIZEN SUITS.—For purposes of this sec-
tion, a government of a foreign country shall be con-
sidered a person under section 7002 (relating to citi-
zen suits).’’.
(b) REPEAL
OF EXISTING AUTHORITY.—Section
3017 of the Solid Waste Disposal Act is repealed. The
table of contents for subtitle C of such Act is amended
by striking out the item relating to such section.
(c) TABLE OF CONTENTS.—The table of contents for
subtitle A of the Solid Waste Disposal Act is amended by
adding at the end the following new item:
‘‘Sec. 1009. Export and import of solid waste.’’.
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