Waste Export Control Act

Waste Export Control Act - Amends the Solid Waste Disposal Act to incorporate requirements for the export of solid waste. Exempts from this Act's requirements waste paper, glass cullet, metal, or plastic that: (1) has been separated from solid waste before export; (2) is exported for incorporation into new products with recycled content; and (3) is not a hazardous waste under the Solid Waste Disposal Act. Authorizes persons to apply to the Administrator of the Environmental Protection Agency for the exemption of other recovered materials. Requires persons exporting exempted materials to notify the Administrator prior to such exporting.

Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with, and enforcement of, such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for two years following such enactment date.

Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center.

Directs the Administrator, before issuing a permit under this Act, to determine that the solid waste will be managed in a manner protective of human health and the environment and which is no less strict than that which would be required if the waste were managed in the United States. Provides that such determination shall assure that certain facility operation and transportation requirements are met. Limits permit terms to a period of five years.

Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any permittee and of any facility handling waste subject to a permit, as necessary. Authorizes the Administrator to revoke a permit under specified circumstances.

Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit.

Prescribes civil and criminal penalties for violations of this Act.

 
HR 2358 IH
102d CONGRESS
 1st Session
 H.R. 2358
To amend the Solid Waste Disposal Act to ensure that any solid waste exported
from the United States to foreign countries is managed to protect human
health and the environment.
IN THE HOUSE OF REPRESENTATIVES
May 15, 1991
Mr. SYNAR (for himself, Mr. WOLPE, Mr. PORTER, Mr. CONYERS, Mr. BEILENSON,
Mr. BONIOR, Mr. BROWN, Mr. DELLUMS, Mr. DE LUGO, Mr. HERTEL, Mr. HUGHES,
Ms. KAPTUR, Mr. KILDEE, Mr. LEVIN of Michigan, Mr. LIPINSKI, Mr. MACHTLEY,
Mr. MATSUI, Mr. OWENS of Utah, Mr. SCHEUER, Ms. SLAUGHTER of New York,
Mr. TORRES, Mr. TOWNS, Mr. YATES, and Mr. MARKEY) introduced the following
bill; which was referred jointly to the Committeeson Energy and Commerce
and Foreign Affairs
A BILL
To amend the Solid Waste Disposal Act to ensure that any solid waste exported
from the United States to foreign countries is managed to protect human
health and the environment.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Waste Export Control Act'.
SEC. 2. FINDINGS AND PURPOSES.
  (a) FINDINGS- The Congress makes the following findings:
  (1) Exports of solid waste from the United States to foreign countries
  are increasing. In several reported instances exported wastes have been
  disposed of in a manner that would not be permitted in the United States
  and are creating foreign policy liabilities for the United States. Many
  proposals for future waste exports are unsafe.
  (2) In some cases, exports of solid waste are being undertaken to avoid
  higher treatment and disposal expenses in the United States which are
  associated with the cost of complying with environmental regulations in
  this country and contribute to the trade deficit of the United States.
  (3) Uncontrolled exports of solid waste have a detrimental effect on
  implementation of existing domestic policy, which recognizes source reduction
  and recycling as the best methods of solid waste management. Exports should
  only take place after all reasonable efforts to minimize the generation
  of the solid waste have taken place.
  (4) Existing Federal laws do not provide for any review by the United
  States of the effects of solid waste exported from the United States on
  the environment of countries to which the waste is sent.
  (5) Uncontrolled export of waste threatens our coasts, oceans, and
  groundwater through unsound dumping practices.
  (6) Compliance by the United States with the 1989 Basel Convention on the
  Control of Transboundary Movements of Hazardous Wastes and Their Disposal
  will aid in halting the uncontrolled export of waste to foreign countries.
  (b) PURPOSE- The purpose of this Act is to regulate the export of solid
  waste from the United States to a foreign country by requiring that such
  exports be conducted in accordance with an international agreement and strict
  domestic regulation ensuring that the solid waste is managed in a manner
  which is protective of human health and the environment and which is no
  less strict than that which would be required by the Solid Waste Disposal
  Act if the waste were managed in the United States. Compliance with this
  Act also will satisfy the requirements for United States compliance with
  the terms of the 1989 Basel Convention on the Control of Transboundary
  Movements of Hazardous Wastes and Their Disposal.
SEC. 3. WASTE EXPORT CONTROL.
  (a) REQUIREMENTS FOR EXPORTS OF SOLID WASTE- The Solid Waste Disposal Act
  is amended by adding at the end the following new subtitle:
`Subtitle K--Exports of Solid Waste
`SEC. 12001. APPLICATION OF SUBTITLE.
  `(a) IN GENERAL- (1) This subtitle applies to all solid waste as defined
  in section 1004(27) of this Act, except that this subtitle shall not apply
  to waste paper, glass cullet, metal, or plastic that (A) has been separated
  from solid waste before export, (B) is exported for incorporation into new
  products with recycled content, and (C) is not a hazardous waste listed
  or identified under section 3001. This subtitle also shall not apply to
  other recovered material exempted pursuant to paragraph (2).
  `(2) A person may apply to the Administrator to exempt from this subtitle
  recovered material other than the recovered material listed in paragraph
  (1). The Administrator shall not grant an exemption under this paragraph
  unless the Administrator determines that the material meets the three
  criteria set forth in paragraph (1).
  `(b) GENERATORS- For purposes of this subtitle, a person shall be considered
  a `generator' of solid waste if that person produces solid waste, except
  that, in the case of solid waste collected by a city, county, or other
  local government, such city, county, or other local government shall be
  considered to be the generator of the solid waste in lieu of the person
  producing the solid waste.
  `(c) REQUIREMENTS FOR EXEMPTED EXPORTS- Any person who exports a recovered
  material that is exempted under subsection (a) from this subtitle shall,
  notwithstanding such exemption, notify the Administrator within 30 days
  of such export. Such notification shall include the following information:
  `(1) The identity of the exporter.
  `(2) The variety of material being exported, using the terminology in
  subsection (a) or such other terminology as the Administrator provides
  by regulation.
  `(3) The quantity of each variety of material.
  `(4) The intermediate and, if known, ultimate destinations of each variety
  of material.
  `(5) Such additional information as the Administrator may require by
  regulation.
`SEC. 12002. REQUIREMENTS FOR EXPORT OF SOLID WASTE.
  `(a) PROHIBITION- Effective on the date of enactment of the Waste Export
  Control Act, no person may, directly or indirectly, export any solid waste
  to which this subtitle applies from the United States unless--
  `(1) an international agreement is in effect to which the United States
  and any country receiving the solid waste are parties and which meets the
  requirements of subsection (b);
  `(2) the export is made pursuant to and in accordance with that international
  agreement; and
  `(3) the person exporting the solid waste is, at the time of export, in
  compliance with sections 12003 and 12004 and all regulations issued under
  this subtitle.
  `(b) INTERNATIONAL AGREEMENTS- (1) Any international agreement pursuant to
  which solid waste covered by this subtitle may be exported from the United
  States to another country shall at least include each of the following:
  `(A) A provision for notifying the government of the receiving country of
  exports of such solid waste.
  `(B) A provision for obtaining the consent of the government of the
  receiving country to accept any solid waste shipment.
  `(C) A provision for the United States and the receiving country to
  exchange information on the manner in which any such solid waste exported
  from the United States will be managed in the receiving country, including
  provisions for the exchange of information with respect to the specific
  treatment, storage, and disposal facilities used for such purposes in the
  receiving country. Such provisions shall include mechanisms to provide the
  United States with the information necessary to ensure that transportation,
  treatment, storage, and disposal of the solid waste will be conducted in a
  manner which is protective of human health and the environment and which is
  no less strict than that which would be required by this Act if the solid
  waste were managed in the United States. Such mechanisms, at a minimum,
  shall provide a means for the United States to gain access to treatment,
  storage, or disposal facilities used for the management of such solid
  waste in the receiving country in the event the Administrator determines
  such access is necessary to fulfill the Administrator's responsibilities
  under this subtitle.
  `(D) A provision for cooperation between the United States and the receiving
  country on compliance with and enforcement of the agreement.
  `(E) A provision for biennial review by the United States and the receiving
  country of the effectiveness of the agreement.
  `(F) A provision for review and revision or suspension of the agreement
  if either party concludes that solid waste covered by this subtitle is
  being transported, treated, stored or disposed of in a manner that is not
  in accordance with the terms of the agreement.
  `(G) A provision which prohibits further transport of such solid waste from
  the country of destination without the written consent of the parties of
  the agreement.
  `(2) Notwithstanding the provisions of paragraph (1), any bilateral agreement
  concerning shipments of hazardous waste that has been entered into by the
  United States and that is in force on the date of enactment of the Waste
  Export Control Act and which remains in force shall be deemed to meet
  the requirements of this subsection for a period of two years following
  enactment of this section. Any such agreement shall comply fully with the
  provisions of paragraph (1) after the expiration of such two-year period.
  `(3) The decision of the United States not to enter into an international
  agreement shall not be reviewable in any court.
`SEC. 12003. WASTE EXPORT PERMITS.
  `(a) REQUIREMENT- (1) After the enactment of the Waste Export Control Act,
  no person may, directly or indirectly, export from the United States any
  solid waste covered by this subtitle unless the person has first obtained
  a permit from the Administrator in accordance with this section.
  `(2) Paragraph (1) shall not apply until the earlier of--
  `(A) the date which is 2 years after the date of the enactment of the
  Waste Export Control Act, or
  `(B) the date on which a bilateral agreement is entered into under section
  12002,
in the case of any solid waste exported from the United States subject to a
bilateral agreement concerning shipments of hazardous waste that was entered
into by the United States before the enactment of the Waste Export Control
Act and which remains in force.
  `(b) APPLICATION- Each application for a permit under this section shall
  contain each of the following items of information:
  `(1) The name and address of the exporter.
  `(2) The type, quantities, and concentrations of solid waste to be exported
  to any foreign country.
  `(3) The names and addresses of all persons on whose behalf of the applicant
  intends to export waste (including persons who are the generators of
  such waste).
  `(4) The estimated frequency or rate at which such solid waste is to be
  exported and the period of time over which the waste is to be exported.
  `(5) The ports of exit and entry of the solid waste.
  `(6) The name and address of each facility at which the solid waste will
  be treated, stored, or disposed of.
  `(7) A detailed description of the manner in which such waste will be
  transported to and treated, stored, or disposed of in each receiving country.
  `(8) Information demonstrating that the solid waste will be transported,
  treated, stored, and disposed of in a manner which is protective of human
  health and the environment and which is no less strict than that which would
  be required by this Act if the solid waste were managed in the United States.
  `(9) Evidence of financial responsibility of the facility operator which
  is no less than that which would be required by this Act if the waste were
  managed in the United States, and evidence of financial responsibility of
  the exporter which is adequate to ensure that the exporter will be able to
  pay for costs for which he may be held responsible, including clean-up and
  liability to third parties, under the laws of the United States or under
  the laws of the receiving country.
  `(10) The full name, business address and social security number of the
  applicant, or, if the applicant is a business concern, of any officers,
  directors, partners, or key employees thereof and all persons or business
  concerns holding any equity in or debt liability of that business concern,
  or, if the business concern is a publicly traded corporation, all persons
  or business concerns holding more than 5 percent of the equity in or debt
  liability of that business concern. Where the debt liability is held by
  a chartered lending institution, the applicant need only supply the name
  and business address of the lending institution.
  `(11) The full name, business address and social security number of all
  officers, directors, or partners or any business concern disclosed in the
  statement and the names and addresses of all persons holding any equity
  in or the debt liability of any business concern so disclosed, or, if the
  business concern is a publicly traded corporation, all persons or business
  concerns holding more than 5 percent of the equity in or debt liability
  of that business concern. Where the debt liability is held by a chartered
  lending institution, the applicant need only supply the name and business
  address of the lending institution.
  `(12) The full name and business address of any company which collects,
  transports, treats, stores or disposes of solid waste or hazardous waste
  in which the applicant holds an equity interest.
  `(13) A description of the experience and credentials in, including any past
  or present permits, licenses, or other authorization for, the collection,
  transportation, treatment, storage or disposal of solid waste or hazardous
  waste possessed by the applicant, or, if the applicant is a business concern,
  by the key employees, officers, directors, or partners thereof.
  `(14) A listing and explanation of any notices of violation or prosecution,
  administrative orders or permit or license revocations issued by any State
  or Federal authority, in the 10 years immediately preceding the filing
  of the application, which are pending or have resulted in a finding or a
  settlement of a violation of any law or rule and regulation relating to the
  collection, transportation, treatment, storage or disposal of solid waste
  or hazardous waste by the applicant, or if the applicant is a business
  concern, by any key employee, officer, director, or partner thereof.
  `(15) A description of the efforts of the generators of the waste proposed to
  be exported pursuant to the permit to eliminate or minimize waste generation.
  `(16) Any other information the Administrator of the agency may require that
  relates to the competency, reliability or good character of the applicant.
  `(c) INVESTIGATIVE REPORT- (1) The Director of the National Enforcement
  Investigations Center shall, within 120 days after the receipt of an
  application under subsection (b) for an initial permit, prepare and transmit
  to the Administrator an investigative report on the applicant, based in
  part upon the application. This deadline may be extended for a reasonable
  period of time, for good cause, by the Administrator. In preparing the
  report, the Director of the National Enforcement Investigations Center may
  request and receive criminal history information from the Federal Bureau
  of Investigation.
  `(2) The Administrator's review of an application under this section shall
  include a review of the investigative report.
  `(d) CONTINUING DUTIES- All persons holding a permit under this section
  shall have the continuing duty to provide any assistance or information
  requested by the Administrator or the National Enforcement Investigations
  Center, and to cooperate in any inquiry or investigation conducted by the
  National Enforcement Investigations Center and any inquiry, investigation,
  or hearing conducted by the Administrator. If, upon issuance of a formal
  request to answer any inquiry or produce information, evidence or testimony,
  any applicant or permittee refuses to comply, the permit of that person
  may be denied or revoked by the Administrator.
  `(e) CHANGES- If any of the information required to be included in the
  application changes, or if any additional information should be added after
  the filing of the application, the permittee shall provide that information
  to the Administrator, in writing, within 30 days of the change or addition.
  `(f) DETERMINATION BY ADMINISTRATOR- (1) Before issuing a permit under this
  section, the Administrator shall determine that the solid waste will be
  transported, treated, stored, and disposed of in a manner which is protective
  of human health and the environment and which is no less strict than that
  which would be required by this Act if the solid waste were managed in the
  United States. The requirement of the preceding sentence shall be considered
  to be met if the Administrator determines that the requirements listed in
  paragraph (2) are met. The determination shall be made by making a thorough,
  independent, and objective examination of information and materials made
  available by the applicant to the Administrator and other information or
  material available to, or obtained by, the Administrator.
  `(2)(A) The determination under this subsection shall assure that operation
  of the receiving facility complies with, at a minimum, the following
  requirements with respect to solid waste exported from the United States
  to that facility:
  `(i) Treatment levels and methods equivalent to those required under this
  Act before land disposal of hazardous waste.
  `(ii) Liner and leachate collection systems equivalent to those required
  under this Act to control or prevent the migration of hazardous constituents
  in hazardous waste land disposal environments.
  `(iii) Monitoring systems for hazardous waste land disposal units equivalent
  to those required under this Act.
  `(iv) Prohibitions equivalent to those required under this Act on placement
  of hazardous waste in unlined units.
  `(v) Prohibitions equivalent to those required under this Act on the
  indefinite storage of hazardous waste.
  `(vi) Requirements and performance standards equivalent to those required
  under this Act for facilities that treat (including incineration), store,
  and dispose of solid waste other than hazardous waste.
  `(vii) Any other requirements that the Administrator considers necessary.
  `(B) The determination under this subsection shall assure that transportation
  of solid waste exported from the United States to the receiving facility
  in the foreign country complies with the following requirements:
  `(i) Requirements equivalent to those required under this Act for a system
  to provide the exporter with certification that the waste is delivered to
  the receiving facility.
  `(ii) Any other requirements that the Administrator considers necessary.
  `(C) In making the determination of compliance with the provisions listed
  in this paragraph, the Administrator may apply any waivers and alternative
  methods of compliance available under this Act for solid waste.
  `(g) PERMIT ISSUANCE- Upon a determination by the Administrator, following
  notice and opportunity for public comment on an application submitted
  under this section, that such application complies with the requirements
  of this section, the Administrator is authorized to issue a permit to the
  applicant. If during the public comment period the Administrator receives
  written notice of opposition to issuance of the permit and a request for
  a hearing, the Administrator shall not issue the permit unless he has held
  an informal hearing (including an opportunity for presentation of written
  and oral views) on whether the permit should be issued.
  `(h) TERMS AND CONDITIONS- Any permit under this section shall cover waste
  exported during a term established by the Administrator. Such term may
  not exceed 5 years. Each permit shall contain such terms, conditions and
  specific mechanisms as the Administrator determines necessary to ensure
  continuing compliance with the requirements of this section. Such terms,
  conditions and mechanisms must ensure that transportation, treatment,
  storage and disposal of any waste exported pursuant to the permit will
  be carried out in a manner which is protective of human health and the
  environment and which is no less strict than that which would be required
  by this Act if the solid waste were managed in the United States. Nothing
  in this section shall preclude the Administrator from reviewing, modifying,
  or revoking a permit at any time during its term.
  `(i) REPORTS- Each permittee under this section shall file with the
  Administrator, not later than March 1 of each year, a report which summarizes
  all exports of solid waste covered by this Act undertaken pursuant to such
  permit or which, if no such exports have been made, so states. The report
  shall address each of the items set forth in paragraphs (1) through (8)
  and paragraph (15) of subsection (b). No later than September 30 of each
  year, the Administrator shall submit to the Congress a report summarizing
  the information contained in the reports filed by permittees pursuant to
  this subsection.
  `(j) REGULATIONS- Before any permit under this section is issued,
  the Administrator, in consultation with the Secretary of State, shall
  promulgate such regulations as are necessary to carry out this section
  and any international agreement pursuant to which export of solid
  waste may be made under this section, including regulations on permits,
  manifests, packaging, labeling, transporting, reporting, recordkeeping,
  pretreatment, treatment, storage, and disposal. In developing regulations
  under this subsection and section 12004, in addition to compliance with
  other applicable requirements of law, the Administrator shall actively
  solicit public comment, including comments from individuals representing
  nongovernmental environmental organizations, waste generators, the waste
  management industry, and academic institutions.
  `(k) Refusal To Grant Permits-
  `(1) IN GENERAL- No permit shall be issued under this section unless the
  Administrator determines that--
  `(A) the generators of waste subject to the permit have used reasonable
  efforts to eliminate or minimize waste generation prior to export;
  `(B) the receiving facility is capable of treating, storing, and disposing
  of waste subject to the permit in a manner which is protective of human
  health and the environment and which is no less strict than that which would
  be required by this Act if the waste were managed in the United States; and
  `(C) the application meets the requirements of subsection (b).
In addition, no such permit shall be approved by the agency unless the
Administrator finds that the exporter and the owner and operator of the
receiving facility, have exhibited sufficient reliability, expertise, and
competency to manage the waste, given the potential for harm to human health
and the environment which could result from irresponsible operations.
  `(2) HEARING- Any applicant who is denied an initial permit pursuant to this
  subsection shall, upon a written request transmitted to the Administrator
  within 30 days of that denial, be afforded the opportunity for a hearing
  on the record in the manner provided for in section 554 of title 5 of the
  United States Code.
  `(l) INSPECTIONS- The Administrator shall make an inspection of a facility
  of any permittee and of any facility used for treatment, storage, or
  disposal of any waste subject to a permit under this subtitle whenever
  the Administrator determines that an inspection is necessary to ensure
  continuing compliance with this subtitle.
  `(m) CAUSES FOR REVOCATION- Any permit made under this section may be
  revoked by the Administrator, after notice and opportunity for hearing on
  the record in accordance with section 554 of title 5 of the United States
  Code, for any of the following causes:
  `(1) Failure to comply with any term or condition of the permit or with
  any continuing duty of the permittee under subsection (d).
  `(2) Any change in conditions or circumstances which would disqualify the
  applicant for a permit upon original application.
  `(3) Fraud, deceit, or misrepresentation in securing the permit, or in
  the conduct of the permitted activity.
  `(4) Offering, conferring, or agreeing to confer any benefit to induce
  any other person to violate the provisions of this Act, or of any other
  law relating to the collection, transportation, treatment, storage, or
  disposal of solid waste or hazardous waste, or of any rule or regulation
  adopted pursuant thereto.
  `(5) Coercion of a customer by violence or economic reprisal or the threat
  thereof to utilize the services of any permittee.
The Administrator shall revoke the permit in any case in which he determines
that a generator of any waste covered by the permit has failed to use
reasonable efforts to eliminate or minimize waste generation prior to export.
`SEC. 12004. USER FEES.
  `(a) ESTABLISHMENT- The Administrator shall establish a use fee to defray
  fully the cost of administering this subtitle. Such a fee shall cover all
  personnel, overhead and other expenses incurred by the Administrator in
  processing applications and in monitoring compliance with permit terms,
  including the cost of site inspections and any other measures necessary
  to verify that management of exported solid waste complies fully with the
  requirements of this section. The Administrator shall promulgate regulations
  establishing the terms and conditions of a 2-part fee system and setting
  forth criteria for tailoring of fees to individual circumstances and
  revisions of fees, before or after permit issuance, as necessary and
  appropriate.
  `(b) 2-PART FEE SYSTEM- The fee system under this section shall consist
  of the following:
  `(1) PERMIT APPLICATION FEE- A fee sufficient to defray fully the cost
  of processing and issuance of any permit. Such fee shall be paid upon the
  submission of an application for a permit to export solid waste.
  `(2) WASTE EXPORT PERMIT FEE- A fee to be paid over the life of the
  permit based upon a schedule of payments established before the permit
  is issued. Such fee shall provide revenues sufficient to defray fully
  the expenses of the Administrator in overseeing permit compliance and
  administration, and the fee schedule established shall ensure that at no
  time will expenses incurred by the Administrator exceed the amount of the
  fees paid.
`SEC. 12005. SAVINGS PROVISION.
  `Nothing in this Act or in any other provision of law shall be construed or
  interpreted as preempting any foreign country from imposing any additional
  liability or requirements with respect to any solid waste exported from
  the United States to such foreign country or with respect to any person
  exporting solid waste from the United States to such foreign country.
`SEC. 12006. FEDERAL ENFORCEMENT.
  `(a) CRIMINAL PENALTIES- Any person who knowingly exports solid waste--
  `(1) in the absence of an international agreement pursuant to which such
  exports may be made under this subtitle;
  `(2) in a manner which is not in conformance with such agreement, with
  this subtitle, or with any regulations issued to carry out such agreement
  or subtitle;
shall, upon conviction, be subject to a fine in accordance with title 18,
United States Code, or imprisonment not to exceed two years, or both. If
the conviction is for a violation committed after a first conviction of such
person under this subsection, the maximum punishment under this subsection
shall be doubled with respect to both fine and imprisonment.
  `(b) CIVIL PENALTY- Any person who violates any requirement of this subtitle
  shall be liable to the United States for a civil penalty in an amount not
  to exceed $25,000 for each such violation. Each day of such violation shall,
  for purposes of this subsection, constitute a separate violation.
  `(c) COMPLIANCE ORDERS- Whenever on the basis of any information the
  Administrator determines that any person has violated or is in violation
  of any requirement of this subtitle, 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.'
  (b) REPEAL- Section 3017 is repealed.
  (c) CONFORMING AMENDMENTS- The table of contents of the Solid Waste Disposal
  Act is amended as follows:
  (1) Repeal the item relating to section 3017.
  (2) Add after the items relating to subtitle J the following new items:
`Subtitle K--Exports of Solid Waste
`Sec. 12001. Application of subtitle.
`Sec. 12002. Requirements for export of solid waste.
`Sec. 12003. Waste export permits.
`Sec. 12004. User fees.
`Sec. 12005. Savings provision.
`Sec. 12006. Federal enforcement.'.