(6) The international Basel Convention on the
Control of Transboundary Movements of Hazardous
Wastes and their Disposal recognizes the right and
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
United States from an OECD country, except as provided
in subsection (c).
‘‘(c) SPECIFIC EXCEPTIONS.—(1) The prohibitions
contained in subsections (a) and (b) shall not apply to
baled waste paper, scrap textiles, or waste glass, if all of
the following conditions are met with respect to such
waste:
‘‘(A) The waste is exported or imported for the
purposes of recycling.
‘‘(B) The waste is separated from the waste
stream.
‘‘(C) The waste does not contain any sub-
stances whose storage, treatment, or disposal within
the United States is regulated under subtitle C.
‘‘(2) The prohibition contained in subsection (b) shall
not apply to any scrap metal that—
‘‘(A) meets all of the conditions listed in sub-
paragraphs (A), (B), and (C) of paragraph (1);
‘‘(B) is not, and does not contain, a sludge; and
‘‘(C) meets either of the following conditions:
‘‘(i) The waste is not within, and does not
contain a waste within, a category of waste list-
ed in Annex I or Annex II of the Basel Conven-
tion on the Control of Transboundary Move-
ments of Hazardous Wastes and their Disposal.
‘‘(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
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.
‘‘(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.