S. 840

Stop Canadian Trash Act

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II

112th CONGRESS

1st Session

S. 840

IN THE SENATE OF THE UNITED STATES

April 14, 2011

Ms. Stabenow (for herself and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

May 18, 2011

Committee discharged; referred to the Committee on Finance

A BILL

To establish customs user fees for commercial trucks transporting foreign municipal solid waste, and for other purposes.

1.

Short title

This Act may be cited as the Stop Canadian Trash Act.

2.

Customs user fees for commercial trucks transporting foreign municipal solid waste

(a)

In general

Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended—

(1)

in subsection (a)(2), by inserting or $500 if such truck is transporting foreign municipal solid waste before the end period;

(2)

in subsection (b)(2), by striking No fee and inserting Except for the fee charged for each arrival of a commercial truck that is transporting foreign municipal solid waste, no fee; and

(3)

in subsection (b)(7), by striking No fee and inserting Except for the fee charged for each arrival of a commercial truck that is transporting foreign municipal solid waste, no fee.

(b)

Definitions

Subsection (c) of such section is amended by adding at the end the following:

(6)

Foreign municipal solid waste

The term foreign municipal solid waste means municipal solid waste generated outside of the customs territory of the United States.

(7)

Municipal solid waste

(A)

In general

The term municipal solid waste means—

(i)

all waste materials, collected or handled by any means, discarded for disposal by households, including single and multifamily residences, hotels, and motels; and

(ii)

all waste materials, collected or handled by any means, discarded for disposal that were generated by commercial, institutional, municipal, or industrial sources, including—

(I)

rubbish;

(II)

food;

(III)

yard waste;

(IV)

paper;

(V)

clothing;

(VI)

appliances;

(VII)

consumer product packaging;

(VIII)

disposable diapers;

(IX)

office supplies;

(X)

cosmetics;

(XI)

glass and metal food containers;

(XII)

household hazardous waste;

(XIII)

debris resulting from construction; and

(XIV)

remodeling, repair, or demolition of structures.

(B)

Exception

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 of the Solid Waste Disposal Act (42 U.S.C. 6921), except for household hazardous waste.

(ii)

Any solid waste, including contaminated soil and debris, resulting from a response to a release or threatened release of a hazardous substance which, had such response occurred within the United States, would constitute—

(I)

a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 and 9606); or

(II)

a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106.

(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)

Any waste being used solely as feedstock for the purpose of alternative energy production.

(v)

Any medical waste that is segregated from or not mixed with solid waste.

(vi)

Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.

.

3.

Information to be provided to Customs

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations requiring each importer of foreign municipal solid waste (as defined section 13031(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(c))) to provide, with respect to each truck carrying foreign municipal solid waste that enters the customs territory of the United States, the following information:

(1)

The cubic feet of the foreign municipal solid waste in the truck.

(2)

The specific type and content of such waste.

(3)

Any other information the Secretary of Homeland Security deems appropriate.

(b)

Penalties

Any person who fails to provide, or falsifies, the information required by this section, or any regulation issued under this section, shall, in addition to any other civil or criminal penalty that may be imposed under title 18, United States Code, under title 42, United States Code, or under any other provision of law, be assessed a civil penalty by the Secretary of Homeland Security of not more than $10,000 for each such failure or falsification.