109TH CONGRESS 
2D SESSION 
H. R. 2491
AN ACT 
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 2006’’. 
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.—Until the date on which all 
final regulations issued by the Administrator to im-
plement and enforce the Agreement (including notice 
and consent provisions of the Agreement) become ef-
fective, a State may enact a law or laws or issue reg-
ulations or orders imposing limitations on the receipt 
and disposal of foreign municipal solid waste within 
the State. Laws, regulations, and orders enacted or 
issued before that date may continue in effect ac-
cording to their terms after that date. 
‘‘(2) EFFECT
ON
INTERSTATE
AND
FOREIGN 
COMMERCE.—No State action taken as authorized 
by this section shall be considered to impose an 
undue burden on interstate and foreign commerce or
to otherwise impair, restrain, or discriminate against 
interstate and foreign commerce. 
‘‘(3) TRADE
AND
TREATY
OBLIGATIONS.—
Nothing in this section affects, replaces, or amends 
prior law relating to the need for consistency with 
international trade obligations. 
‘‘(b) AUTHORITY OF ADMINISTRATOR.—
‘‘(1) IN
GENERAL.—Beginning immediately 
after the date of enactment of this section, the Ad-
ministrator 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) implement and enforce the notice and 
consent and other provisions of the Agreement. 
‘‘(2) REGULATIONS.—Not later than 24 months 
after the date of enactment of this section, the Ad-
ministrator shall issue final regulations with respect 
to the Administrator’s responsibilities under para-
graph (1). 
‘‘(3) CONSENT
TO
IMPORTATION.—In consid-
ering whether to consent to the importation under
article 3(c) of the Agreement, the Administrator 
shall—
‘‘(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. 
‘‘(4) 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. 
‘‘(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 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. 
‘‘(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. 
‘‘(f) DEFINITIONS.—For purposes of this section: 
‘‘(1) 
AGREEMENT.—The 
term 
‘Agreement’ 
means—
‘‘(A) 
the 
Agreement 
Concerning 
the 
Transboundary Movement of Hazardous Waste 
between the United States and Canada, signed 
at Ottawa on October 28, 1986 (TIAS 11099) 
and amended on November 25, 1992; and 
‘‘(B) any regulations promulgated and or-
ders issued to implement and enforce that 
Agreement. 
‘‘(2) FOREIGN MUNICIPAL SOLID WASTE.—The 
term ‘foreign municipal solid waste’ means munic-
ipal solid waste generated outside of the United 
States.