To amend the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to carry out certain authorities relating to the importation of municipal solid waste under the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada.

January 21, 2003

Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to carry out certain authorities relating to the importation of municipal solid waste under the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT 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 at the end the following:

`SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.

`(a) DEFINITIONS- In 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

`(B) any regulations promulgated to implement and enforce that Agreement.

`(2) MUNICIPAL SOLID WASTE- The term `municipal solid waste' has the meaning given the term in the Agreement.

`(b) PROHIBITION- It shall be unlawful for any person to import, transport, or export municipal solid waste, for final disposal or incineration, in violation of the Agreement.

`(c) AUTHORITY OF ADMINISTRATOR-

`(1) IN GENERAL- Beginning immediately after the date of enactment of this section, the Administrator 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) implement and enforce the Agreement (including notice and consent provisions of the Agreement).

`(2) CONSENT TO IMPORTATION- In considering whether to consent to the importation of municipal solid waste under article 3(c) of the Agreement, the Administrator shall--

`(A)(i) give substantial weight to the views of each State into which the municipal solid waste is to be imported; and

`(ii) consider the views of the local government having jurisdiction over the location at which municipal solid waste is to be disposed of; and

`(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 resulting from increased vehicular traffic;

`(iv) road deterioration resulting from increased vehicular traffic; and

`(v) public health and the environment.

`(d) COMPLIANCE ORDERS-

`(1) IN GENERAL- If, on the basis of any information, the Administrator determines that a person has violated or is in violation of this section, the Administrator may--

`(A) issue an order that--

`(i) assesses a civil penalty against the person for any past or current violation of the person; or

`(ii) requires compliance by the person with this section immediately or by a specified date; or

`(B) bring a civil action against the person for appropriate relief (including a temporary or permanent injunction) in the United States district court for the district in which the violation occurred.

`(2) SPECIFICITY-

`(A) IN GENERAL- Any order issued under paragraph (1) for a violation of this subsection shall state with reasonable specificity the nature of the violation.

`(B) PENALTIES-

`(i) MAXIMUM PENALTY- Any penalty assessed by an order issued under paragraph (1) shall not exceed $25,000 per day of noncompliance for each violation.

`(ii) CONSIDERATIONS- In assessing a penalty under this section, the Administrator shall take into account--

`(I) the seriousness of the violation for which the penalty is assessed; and

`(II) any good faith efforts of the person against which the penalty is assessed to comply with applicable requirements.

`(e) PUBLIC HEARING-

`(1) IN GENERAL- Any order issued under this section shall become final unless, not later than 30 days after the date of issuance of the order, the person or persons against which the order is issued submit to the Administrator a request for a public hearing.

`(2) HEARING- On receipt of a request under paragraph (1), the Administrator shall promptly conduct a public hearing.

`(3) SUBPOENAS- In connection with any hearing under this subsection, the Administrator may--

`(A) issue subpoenas for--

`(i) the attendance and testimony of witnesses; and

`(ii) the production of relevant papers, books, and documents; and

`(B) promulgate regulations that provide for procedures for discovery.

`(f) VIOLATION OF COMPLIANCE ORDERS- If a person against which an order is issued fails to take corrective action as specified in the 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- The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle D the following:

`Sec. 4011. Canadian transboundary movement of municipal solid waste.'.

END