‘‘(C) The grant of a subsidy by a State with re-
spect to entities disposing of waste generated within 
the State does not constitute discrimination for pur-
poses of subparagraph (A)(iii). 
‘‘(6) BURDEN OF PROOF.—In any proceeding in 
which a State invokes this subsection to justify a 
cost recovery surcharge on the combustion or dis-
posal within the State of out-of-State municipal solid 
waste, the State shall bear the burden of estab-
lishing that the cost recovery surcharge satisfies the 
conditions set forth in paragraph (5). 
‘‘SEC. 4012. INTERNATIONAL TRANSPORTATION AND DIS-
POSAL OF MUNICIPAL SOLID WASTE. 
‘‘(a) AUTHORITY.—Consistent with section 4011, a 
State may enact a law or laws imposing limitations (in-
cluding a prohibition) on the receipt and disposal of for-
eign municipal solid waste. 
‘‘(b) EFFECT ON INTERSTATE AND FOREIGN COM-
MERCE.—No State action taken as authorized by this sec-
tion 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. 
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) FOREIGN MUNICIPAL SOLID WASTE.—The 
term ‘foreign municipal solid waste’ means munic-
ipal solid waste generated outside of the United 
States. 
‘‘(2) MUNICIPAL
SOLID
WASTE.—The term 
‘municipal solid waste’ has the meaning given that 
term in section 4011. 
‘‘SEC. 4013. CANADIAN TRANSBOUNDARY MOVEMENT OF 
MUNICIPAL SOLID WASTE. 
‘‘(a) PROHIBITION.—No person shall import, trans-
port, 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 Gov-
ernment of Canada Concerning the Transboundary Move-
ment of Hazardous Waste, or any regulations issued to 
implement and enforce such agreement. 
‘‘(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). Upon the enact-
ment of this section, the Administrator shall implement 
and enforce the notice and consent provisions of such 
agreement, as well as the other provisions thereof. In con-
sidering whether to consent to the importation of munic-
ipal 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 consider the views of the local 
government 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 the Solid Waste Disposal Act (42 U.S.C. 
prec. 6901) is amended by adding after the item relating 
to section 4010 the following new items:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste. 
‘‘Sec. 4012. International transportation and disposal of municipal solid waste. 
‘‘Sec. 4013. Canadian transboundary movement of municipal solid waste.’’.
SEC. 3. TREATMENT AND REUSE OF AGRICULTURAL 
WASTES. 
Subtitle H of the Solid Waste Disposal Act (42 
U.S.C. 6981 et seq.) is amended—
(1) in section 8005—
(A) by striking ‘‘and’’ at the end of sub-
section (a)(9); 
(B) by striking the period at the end of 
subsection (a)(10) and inserting ‘‘; and’’; 
(C) by adding at the end of subsection (a) 
the following: 
‘‘(11) the benefits of alternatives to open field 
disposal of agricultural solid wastes (including bio-
mass). 
If a municipality or an intermunicipality contains 
3,000,000 or more people, the Administrator shall work 
with that State and its municipal and intermunicipal pol-
lution control agencies and the agricultural waste genera-
tors in those States to address pollution reduction or pub-
lic health needs, where new treatment and disposal options