International Solid Waste Importation and Management Act of 2007

Bill: 110-hr-518
Sponsor: Rep. Dingell, John D. [D-MI-15]
Introduced: 2007-01-17 in the House
Policy area: Environmental Protection
Subjects: Administrative procedure
Administrative remedies
Canada
Civil actions and liability
Crime and Law Enforcement
Environmental Protection Agency
Environmental assessment
Environmental health
Environmental law enforcement
Export controls
Federal-local relations
Federal-state relations
Fines (Penalties)
Foreign Trade and International Finance
Government Operations and Politics
Health
Highway maintenance
Import restrictions
Imports
Incineration
International Affairs
International environmental cooperation
Landfills
Law
Motor vehicle pollution control
Municipal solid waste
Public meetings
Recycling of waste products
Refuse and refuse disposal
State laws
Subpoena
Transboundary pollution
Transportation and Public Works
Transportation of hazardous substances
Treaties

Summary:
action_date: 2007-01-17
text: 

 

 

 
International Solid Waste Importation and Management Act of 2007 - Amends the Solid Waste Disposal Act to authorize states to enact laws or issue regulations or orders restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada. Declares that state actions authorized by this Act shall not be considered a burden on, or otherwise impede, interstate and foreign commerce.
 
Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the Agreement; (2) implement and enforce the notice and consent and other provisions of the Agreement; and (3) issue final regulations on the Administrator's responsibilities as Designated Authority of the United States.
 
Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment.
 
Makes it unlawful for any person to import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement.
 
Authorizes the Administrator to assess civil penalties for violations of this Act or to commence a civil action in the U.S. district court. Limits civil penalties to $25,000 per day of noncompliance for each violation. Provides for a public hearing to review any noncompliance order issued by the Administrator. 

action_date: 2007-04-24
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

International Solid Waste Importation and Management Act of 2007 - (Sec. 2) Amends the Solid Waste Disposal Act to authorize states to enact laws or issue regulations or orders restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada. Declares that state actions authorized by this Act shall not be considered a burden on, or otherwise impede, interstate and foreign commerce.

Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the Agreement; (2) implement and enforce the notice and consent and other provisions of the Agreement; and (3) issue final regulations on the Administrator's responsibilities as Designated Authority of the United States.

Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment.

Makes it unlawful for any person to import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement.

Authorizes the Administrator to assess civil penalties of up to $25,000 per day for violations of this Act or to commence a civil action in U.S. district court. Provides for a public hearing to review any noncompliance order issued by the Administrator. 

Defines &quot;municipal solid waste&quot; to mean all waste materials discarded for disposal by: (1) households, including hotels; and (2) commercial, institutional, municipal, and industrial sources to the extent such materials are essentially the same as household waste and were collected and disposed of with other municipal solid waste. Excludes from the term: (1) hazardous waste; (2) any solid waste resulting from a response action under the Comprehensive Environmental Response, Compensations, and Liability Act; (3) recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal; (4) scrap rubber to be used as a fuel source; (5) materials and products returned from a dispenser or distributor to the manufacturer for credit, evaluation, and possible reuse; (6) any solid waste that is generated by an industrial facility and transported for treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, located on property owned by the generator or an affiliated company, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and state land use and applicable zoning regulations; (7) any medical waste that is segregated from or not mixed with solid waste; (8) sewage sludge and residuals from any sewage treatment plant; (9) combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households; and (10) solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.


Legislative actions:
action_date: 2007-04-25
text: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
action_date: 2007-04-24
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-04-24
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H3792-3793)
action_date: 2007-04-24
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H3792-3793)
action_date: 2007-04-24
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 518.
action_date: 2007-04-24
text: Considered under suspension of the rules. (consideration: CR H3792-3797)
action_date: 2007-04-24
text: Mr. Wynn moved to suspend the rules and pass the bill.
action_date: 2007-03-29
text: Placed on the Union Calendar, Calendar No. 45.
action_date: 2007-03-29
text: Reported by the Committee on Energy and Commerce. H. Rept. 110-81.
action_date: 2007-03-29
text: Reported by the Committee on Energy and Commerce. H. Rept. 110-81.
action_date: 2007-03-22
text: Ordered to be Reported by Voice Vote.
action_date: 2007-03-22
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-03-20
text: Forwarded by Subcommittee to Full Committee by Voice Vote .
action_date: 2007-03-20
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2007-02-02
text: Referred to the Subcommittee on Environment and Hazardous Materials.
action_date: 2007-01-17
text: Referred to the House Committee on Energy and Commerce.
action_date: 2007-01-17
text: Introduced in House
action_date: 2007-01-17
text: Introduced in House