[House Report 109-235]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-235
======================================================================
INTERNATIONAL SOLID WASTE IMPORTATION AND MANAGEMENT ACT OF 2005
_______
September 27, 2005.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Barton of Texas, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 2491]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Statement of General Performance Goals and Objectives............ 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Committee Cost Estimate.......................................... 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 9
Advisory Committee Statement..................................... 9
Constitutional Authority Statement............................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 12
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.--Until the date on which all final
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. Laws, regulations, and orders enacted or issued
before that date may continue in effect according to their
terms after that date.
``(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.--Nothing in this section
affects, replaces, or amends prior law relating to the need for
consistency with international trade obligations.
``(b) 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 notice and consent
and other provisions of the Agreement.
``(2) Regulations.--Not later than 24 months after the date
of enactment of this section, the Administrator shall issue
final regulations with respect to the Administrator's
responsibilities under paragraph (1).
``(3) 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.
``(4) 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.
``(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) 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 and orders issued
to implement and enforce that Agreement.
``(2) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(3) 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 response 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.''.
(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.''.
Purpose and Summary
Currently, several states on the northern border of the
United States of America are receiving substantial imports of
municipal solid waste from outside the United States, most
notably from the Province of Ontario, Canada. Federal agency
estimates are that more than 400 trucks a day cross the border
bringing municipal solid waste from Toronto, Canada, to
Michigan. The significant amount of municipal solid waste
imports is having deleterious effects on the environment and
public safety, while also eroding support for state and local
recycling programs. These states are experiencing a reduction
in their permitted landfill capacity, as well as damage and
wear to their natural and physical resources, without
sufficient legal remedies to shipments for disposal due to
constitutional Commerce Clause limitations. In addition, a
process for notice and consent to hazardous and solid waste
shipments, established by the United States of America and the
Government of Canada in the Agreement Concerning the
Transboundary Movement of Hazardous Waste between the United
States and Canada (the ``Agreement''), has yet to be
implemented, in part because the U.S. Environmental Protection
Agency claims that it lacks certain legal authority. The
Agreement, however, also required the United States and Canada
to use ``best efforts'' to implement the ``notice and consent
provisions'' while regulatory authority was being obtained.
H.R. 2491, the International Solid Waste Importation and
Management Act of 2005, is narrowly drafted and intended only
to limit international waste in two distinct ways. First, it
expressly grants states, for a limited period of time, the
authority to enact laws or issue regulations or orders placing
limits on the transportation and disposal of municipal solid
waste in their state if that waste has been generated in
another country. This legislation specifically does not grant
any authority to states to regulate the transportation and
disposal of municipal solid waste generated in another state.
Second, H.R. 2491 authorizes and directs the Administrator of
the U.S. Environmental Protection Agency to implement and
enforce the Agreement Concerning the Transboundary Movement of
Hazardous Waste between the United States and Canada. The
Administrator is required to issue final regulations within 24
months after the date of enactment.
Background and Need for Legislation
The debate over state and federal regulation of solid waste
imports involves judicial interpretations of the U.S.
Constitution. The federal government, specifically the
Congress, has a role to play in resolving these controversies
since waste and waste management services are considered
articles of commerce under court interpretations of the
interstate commerce clause, Article I, Section 8, Clause 3 of
the U.S. Constitution. The Commerce Clause empowers the federal
government ``[t]o regulate Commerce * * * among the several
States.'' By negative implication, states are limited in their
ability to regulate interstate commerce, even in the absence of
federal regulation. This inverse reading, referred to as the
``negative'' or ``dormant'' commerce clause, has resulted in an
interpretation by the U.S. Supreme Court that states may not
place an ``undue burden'' on interstate or foreign commerce.
The Supreme Court has identified two categories of state
regulation as problematic under the dormant commerce clause.
Specifically, (1) regulation that, on its face, is
discriminatory against out-of-state commerce and (2) regulation
that may serve a legitimate purpose and does not discriminate
against out-of-state commerce, but nonetheless imposes a burden
on interstate commerce that is ``clearly excessive'' in
relation to its benefits. Congress, however, can immunize the
states from court challenges arising under the Commerce Clause
in specific legislation.
In response to calls for legislation to address imports of
municipal solid waste from foreign countries, in the 108th
Congress on July 23, 2003, the Subcommittee on Environment and
Hazardous Materials held a hearing on H.R. 411 and H.R. 382.
The provisions of H.R. 411 and H.R. 382 formed the basis of
H.R. 2491. In addition, the Subcommittee on Environment and
Hazardous Materials ordered favorably reported H.R. 4940, the
Municipal Solid Waste Responsibility Act of 2004, on September
23, 2004, addressing the importation of municipal solid waste
from foreign countries, significantly similar to H.R. 2491.
INTERNATIONAL ENVIRONMENTAL AGREEMENT OBLIGATIONS
Transboundary movement of hazardous and municipal solid
waste between the United States and Canada is governed by the
Agreement Between the Government of Canada and the Government
of the United States of America Concerning the Transboundary
Movement of Hazardous and Other Waste (``Agreement''). The
Agreement is considered an agreement under Article 11 of the
Basel Convention on the Transboundary Movements of Hazardous
Wastes and Their Disposal.
The Agreement requires the exporting country to give prior
notice to the importing country of waste shipments, and gives
the importing country 30 days from receipt of the notice to
respond, ``indicating its consent (conditional or not) or its
objection to the export'' (Art. 3(c)). If the importing country
does not respond during this period, it is deemed to have no
objection and the export may take place provided the importer
complies with all applicable domestic laws of the country of
import (Art. 3(d)). The importing country may amend the terms
of the proposed shipment as notified and may also withdraw or
modify its consent, once given, for good cause (Art. 3(e),
(f)).
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation in the 109th Congress.
Committee Consideration
On Wednesday, June 8, 2005, the Subcommittee on Environment
and Hazardous Materials met in open markup session and approved
H.R. 2491 for Full Committee consideration, amended, by a voice
vote, a quorum being present. On Wednesday, June 29, 2005, the
Committee on Energy and Commerce met in open markup session and
ordered H.R. 2491 reported to the House, as amended, by a voice
vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 2491 reported. A motion by Mr. Gillmor to order H.R. 2491,
reported to the House, as amended, was agreed to by a voice
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation in the 109th
Congress.
Statement of General Performance Goals and Objectives
H.R. 2491 assists states in managing flows of municipal
solid waste by authorizing a period of time to enact or issue
laws, regulations, or orders to place limitations on municipal
solid waste generated in a foreign country and exported for
disposal in their state. H.R. 2491 authorizes and directs the
Administrator of the U.S. Environmental Protection Agency to
implement and enforce the Agreement Concerning the
Transboundary Movement of Hazardous Waste between the United
States and Canada.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2491, the International Solid Waste Importation and Management
Act of 2005, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 26, 2005.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2491, the
International Solid Waste Importation and Management Act of
2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs), Lisa Ramirez-Branum (for the state
and local impact), and Craig Cammarata (for the private-sector
impact).
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 2491--International Solid Waste Importation and Management Act of
2005
Summary: The Agreement Concerning the Transboundary
Movement of Hazardous Waste between the United States and
Canada, which was signed in 1986 and later amended in 1992,
governs the trade in hazardous and municipal solid waste
between the United States and Canada. Enacting H.R. 2491 would
authorize the Administrator of the Environmental Protection
Agency (EPA) to perform certain functions under this agreement
to determine whether to allow imports of hazardous or municipal
solid waste from Canada. Under the legislation, EPA would be
required to issue final regulations concerning imports and
exports of hazardous and municipal solid waste within 24 months
of the bill's enactment, and it would be responsible for
implementing and enforcing those regulations. CBO estimates
that implementing this legislation would cost about $2 million
in 2006 and about $6 million over the 2006-2010 period,
assuming appropriation of the necessary amounts.
Enacting H.R. 2491 could increase revenues because the bill
would provide for civil penalties for any past or current
violations of its provisions. CBO expects that the amount of
fines collected under this bill would not be significant.
H.R. 2491 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) because it would
preempt the regulatory authority of some state governments and
impose requirements on some local governments that own solid
waste facilities. Because the details of those requirements
would depend on future regulatory action, CBO cannot determine
the degree to which they might cause local governments to lose
income from waste disposal fees. Therefore, we cannot estimate
the total costs of complying with those mandates or determine
whether those costs would exceed the threshold for
intergovernmental mandates ($62 million in 2005, adjusted
annually for inflation) established by UMRA.
H.R. 2491 would impose private-sector mandates as defined
in UMRA on certain companies involved in the importation,
exportation, and disposal of solid waste. CBO cannot determine
the cost of those mandates because it would hinge on future
regulatory action about which information is not available.
Estimated cost to the Federal Government: The estimated
budgetary impact of this legislation is shown in the following
table. The costs of the legislation fall within budget function
300 (natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
----------------------------------
2006 2007 2008 2009 2010
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Additional EPA Personnel:
Estimated Authorization Level.... 1 1 1 1 1
Estimated Outlays................ 1 1 1 1 1
Contractor Costs:
Estimated Authorization Level.... 1 * * * *
Estimated Outlays................ 1 * * * *
Total Changes:
Estimated Authorization Level.... 2 1 1 1 1
Estimated Outlays................ 2 1 1 1 1
------------------------------------------------------------------------
Note.--* = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that H.R.
2491 will be enacted by the beginning of 2006 and that the
necessary amounts will be appropriated for each fiscal year.
Spending subject to appropriation
Based on information from EPA, CBO estimates that, in 2006,
about $1 million would be required for 10 staff members to
promulgate regulations, and about $1 million would be required
for contractor services, such as conducting an economic impact
analysis and providing training and outreach activities. In
subsequent years, as EPA would begin to implement and enforce
the regulations, CBO estimates that fewer staff-years would be
required and that contractor costs also would decline. We
estimate that annual costs would be about $1 million over the
2007-2010 period.
Revenues
Enacting H.R. 2491 could increase revenues because the bill
would provide for civil penalties for any past or current
violations of its provisions. Civil penalties are recorded in
the budget as revenues. According to EPA, similar fines
collected under current law total less than $500,000 annually.
Thus, CBO expects that the amount of fines collected under this
bill would not be significant.
Estimated impact on State, local, and tribal governments:
H.R. 2491 would preempt a state's regulatory authority if that
state does not develop its own regulations restricting the
receipt and disposal within its borders of solid waste
originating in another country. Such a preemption is an
intergovernmental mandate as defined in UMRA, but CBO expects
that it would impose no significant costs on state governments.
The bill also contains an intergovernmental mandate that
would impose new requirements on local waste facilities owned
by municipalities that accept solid waste from foreign
countries. EPA would promulgate the necessary regulations over
the next two years. Although no information about the direction
the EPA might take in designing those regulations is available
at this time, it is possible that the regulations would
restrict the importation of municipal solid waste from foreign
countries, thus limiting municipalities' ability to collect
fees for disposing of such waste. CBO has no basis for
determining the degree to which those future regulations would
affect the amount of fees collected, and thus we cannot
determine whether the total cost of the mandates in the bill
would exceed the threshold for intergovernmental mandates ($62
million in 2005, adjusted annually for inflation).
Estimated impact on the private sector: The bill would
require EPA to issue regulations to implement and enforce the
Agreement Concerning the Transboundary Movement of Hazardous
Waste between the United States and Canada within two years of
enactment. Any future regulations promulgated by EPA that
affect private waste management companies would constitute
private-sector mandates under this bill. CBO cannot determine
whether the cost of the mandates would exceed the annual
threshold established by UMRA ($123 million in 2005, adjusted
annually for inflation) because we have no basis for predicting
what requirements would be imposed by such regulations.
Estimate prepared by: Federal Costs: Susanne S. Mehlman.
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
states, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section one establishes the short title of the bill as the
``International Solid Waste Importation and Management Act of
2005.''
Section 2. International transportation and disposal of municipal solid
waste
Section two establishes a new section 4011 to subtitle D of
the Solid Waste Disposal Act as set out below.
Section 4011. International transportation and disposal of municipal
solid waste
Section 4011(a) allows a state to enact laws or to issue
regulations or orders to limit the receipt and disposal of
foreign municipal solid waste (MSW) within the state. This
authority for states exists only until the regulations
implementing the Agreement become effective. Laws enacted
pursuant to this authority may remain in force and effect after
the effective date for U.S. implementation of the Agreement
passes. Nothing in this section affects, replaces, or amends
prior law relating to the need for consistency with
international trade obligations.
Section 4011(a)(1) is an express, specific delegation of
authority to states to enact laws or issue regulations or
orders imposing limitations on the receipt and disposal of only
foreign municipal solid waste as defined in section 4011(f)(2).
The Committee intends the express delegation of otherwise
prohibited state authority to be clear and unambiguous.
It is not the intent of the Committee that the word
``interstate'' in 4011(a)(2) gives any state the authority to
enact legislation or issue orders affecting interstate or
domestically generated waste. As drafted, this bill explicitly
only allows states to impose limits or restrictions on foreign
municipal solid waste as defined in new 4011(f)(2).
In 4011(a)(3), ``prior'' law refers to any law in existence
before the enactment of this Act. It is the intent of the
Committee to not affect, replace, or amend existing law
relating to the need for consistency with international trade
obligations.
4011(b) has four components. This subsection requires the
Administrator of the Environmental Protection Agency to carry
out functions prescribed in the Agreement, namely determining
whether or not to consent to a shipment of foreign MSW that has
been the subject of a notification by Canada; requires within
24 months, the EPA Administrator to publish rules implementing
the Agreement, prohibits persons from importing, transporting,
or exporting MSW in violation of the Agreement and implementing
laws, regulations, and orders; and, establishes various
enforcement authorities.
4011(b)(3) requires the Administrator, when considering
whether to consent to a shipment of foreign MSW to: (1) give
substantial weight to the views of the recipient state or
states; (2) consider the impact of the shipment as it relates
to continued public support for and adherence to recycling
programs, landfill capacity as provided in comprehensive waste
management plans, air emissions and road deterioration from
increased vehicular traffic; and, (3) consider the impact of
the importation on homeland security, public health, and the
environment.
4011(b)(4) makes unlawful, under the Solid Waste Disposal
Act, the import, transport, or export of municipal solid waste
if it violates the Agreement.
4011(c) allows the Administrator to either: (1) issue an
order assessing a civil penalty for any past or current
violation or both, or (2) 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. Additionally, under new 4011(c)(2), the
Committee intends that any order issued under the authority
specified in new 4001(c)(1), set forth, with reasonable
specificity, the nature of the violation and that any penalty
assessed under new 4011(c)(1) not exceed $25,000 per day of
noncompliance for each violation. In assessing a penalty under
new 4011(c)(1), the Administrator shall take into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements.
4011(d) allows any person(s) named in a compliance order
issued under new 4011(c) to, within 30 days of the order's
issuance, request a public hearing on the matter. If no one
named in the order makes this request then the order becomes
final. Upon the request for hearing by the person named in the
order, the Administrator is required to promptly conduct a
public hearing and is authorized, in connection with any
proceeding under this section, to issue subpoenas for the
attendance and testimony of witnesses as well as the production
of relevant papers, books, and documents. Finally, the
Administrator may promulgate rules for discovery procedures
under the hearing procedures.
4011(e) allows the Administrator to assess a civil penalty
for each day of continued noncompliance with an order under new
4011(c), not to exceed $25,000 per day.
4011(f) defines the key terms for the purposes of new
section 4011. The Committee does not intend that the term
``municipal solid waste'' include any solid waste generated
incident to the provision of service in interstate, intrastate,
foreign, or overseas air transportation. Specifically, the term
``foreign municipal solid waste'' is defined as municipal solid
waste generated outside of the United States.
The term ``municipal solid waste'' is defined as all waste
materials discarded for disposal by households, including
single and multifamily residences, and hotels and motels. It
also includes all waste materials discarded for disposal that
were generated by commercial, institutional, municipal, and
industrial sources, to the extent such materials are
essentially the same as materials discarded by households,
hotels and motels and that these materials were collected and
disposed of with other discarded household, hotel, or motel
generated municipal solid waste as part of normal municipal
solid waste collection services. The definition of ``municipal
solid waste'' does not apply to hazardous materials, except for
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.
The term ``municipal solid waste'' does not include any
solid waste identified or listed as a hazardous waste under
section 3001, except for household hazardous waste; any solid
waste, including contaminated soil and debris, resulting from 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), a response action taken
under a state law comparable to section 104 or 106, or a
corrective action taken under this Act; 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; scrap rubber to be
used as a fuel source; materials and products returned from a
dispenser or distributor to the manufacturer or an agent of the
manufacturer for credit, evaluation, and possible reuse; any
solid waste generated by an industrial facility and 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; any medical waste that is segregated from
or not mixed with solid waste; sewage sludge and residuals from
any sewage treatment plant; and combustion ash generated by
resource recovery facilities or municipal incinerators, or
waste from manufacturing or processing (including pollution
control) operations that are not essentially the same as waste
normally generated by households.
The term ``Agreement'' is defined as 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 any regulations promulgated or orders issued to implement
and enforce that Agreement.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SOLID WASTE DISPOSAL ACT
short title and table of contents
Sec. 1001. This title (hereinafter in this title referred
to as ``this Act''), together with the following table of
contents, may be cited as the ``Solid Waste Disposal Act'':
Subtitle A--General Provisions
Sec. 1001. Short title and table of contents.
* * * * * * *
Subtitle D--State or Regional Solid Waste Plans
Sec. 4001. Objectives of subtitle.
* * * * * * *
Sec. 4011. International transportation and disposal of municipal solid
waste.
* * * * * * *
Subtitle D--State or Regional Solid Waste Plans
* * * * * * *
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.--Until the date on which all final
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. Laws,
regulations, and orders enacted or issued before that
date may continue in effect according to their terms
after that date.
(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.--Nothing in this
section affects, replaces, or amends prior law relating
to the need for consistency with international trade
obligations.
(b) 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 notice and
consent and other provisions of the Agreement.
(2) Regulations.--Not later than 24 months after the
date of enactment of this section, the Administrator
shall issue final regulations with respect to the
Administrator's responsibilities under paragraph (1).
(3) 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.
(4) 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.
(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) 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 and orders
issued to implement and enforce that Agreement.
(2) Foreign municipal solid waste.--The term
``foreign municipal solid waste'' means municipal solid
waste generated outside of the United States.
(3) 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 response 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.