International Solid Waste Importation and Management Act of 2006 - 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, as defined by this Act, 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 (Agreement). 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) the continued 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 any past or current violations of this Act or to commence a civil action in the U.S. district court. Limits the amount of such 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.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2491 Introduced in House (IH)]
1st Session
H. R. 2491
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2005
Mr. Gillmor (for himself, Mr. Rogers of Michigan, Mr. Dingell, Mr.
Stupak, and Mr. Upton) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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 Representatives 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 2005''.
SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
``(a) State Authority To Address Importation and Management of
Municipal Solid Waste.--
``(1) In general.--
``(A) Until the date on which the regulations,
issued by the Administrator, to implement and enforce
the Agreement (including notice and consent provisions
of the Agreement) become effective, a State may enact a
law or laws or issue regulations or orders imposing
limitations on the receipt and disposal of foreign
municipal solid waste within the State.
``(B) A State shall undergo all required public
notification, hearing, comment, and consent processes
when exercising the grant of authority provided in
paragraph (A) as required by State law.
``(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.--State authorities
granted under this section shall be implemented consistent with
international trade obligations pursuant to 19 U.S.C. 3312.
``(b) Authority of Administration.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administration shall--
``(A) perform the functions of the Designated
Authority of the United States described in the
Agreement with respect to the importation and
exportation of municipal solid waste under the
Agreement; and
``(B) not later than 24 months after the date of
enactment, implement and enforce the notice and consent
provisions of the Agreement, as well as the provisions
thereof.
``(2) Consent to importation.--In considering 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 disposed;
``(B) consider the impact of the importation on--
``(i) continued public support for and
adherence to State and local recycling
programs;
``(ii) landfill capacity as provided in
comprehensive waste management plans;
``(iii) air emissions from increased
vehicular traffic; and
``(iv) road deterioration from increased
vehicular traffic; and
``(C) consider the impact of the importation on
homeland security, public health, and the environment.
``(3) Actions in violation of the agreement.--No person
shall import, transport, 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 Government of Canada Concerning the
Transboundary Movement of Hazardous Waste, or any laws, orders,
or regulations issued to implement and enforce such 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 section, 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 violation.
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 Administrator may
issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and may promulgate
rules for discovery procedures.
``(e) Violation of Compliance Orders.--If a violator fails to take
corrective action within the time specified 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) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(2) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
and
``(ii) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, and
household hazardous waste. Such term shall include
debris resulting from construction, remodeling, repair,
or demolition of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a reponse action taken under
a State law with authorities comparable
to the authorities of such section 104
or 106; or
``(III) a corrective action taken
under this Act.
``(iii) 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.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, 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 zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Sewage sludge and residuals from
any sewage treatment plant.
``(ix) 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.''.
``(3) 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 to implement and
enforce that Agreement.
(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 item:
``Sec. 4011. International transportation and disposal of municipal
solid waste.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Hazardous Materials.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-235.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-235.
Placed on the Union Calendar, Calendar No. 130.
Mr. Gillmor moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H6254-6259)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2491.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6254-6255)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6254-6255)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.