A bill 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.
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Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S1249-1250)
January 21, 2003
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Introduced in Senate
January 21, 2003
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S1249-1250)
January 21, 2003
Floor Debate
3 membersWhat members said about S. 199 on the floor



Floor Debate
3 membersWhat members said about S. 199 on the floor
Mr. President, I am pleased to join with Senator Levin in reintroducing this bill to address the growing problem of Canadian waste shipments to Michigan. In 2001, Michigan imported almost 3.6 million…
Mr. President, I rise today with Senators Stabenow and Santorum to introduce the New Homestead Economic Opportunity Act. This legislation will create a single-family housing tax credit for developers…
Mr. President, I ask unanimous consent that the Canadian Waste bill be printed in the Record.
Bill Text
Latest available legislative text
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 199 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 199
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
_______________________________________________________________________
A BILL
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.''.
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