text: SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.
  
      (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 
  U.S.C. 6941 et seq.) is amended by adding at the end the following new 
  section:
  
         ``canadian transboundary movement of municipal solid waste
  
      ``Sec. 4011. (a) Prohibition.--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 regulations issued to 
  implement and enforce such agreement.
      ``(b) Administrator's Authority.--The Administrator shall 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 described in subsection (a). Beginning immediately 
  upon the enactment of this section, the Administrator shall implement 
  and enforce the notice and consent provisions of such agreement, as 
  well as the other provisions thereof. In considering whether to consent 
  to the importation of municipal solid waste under article 3(c) of such 
  agreement, the Administrator shall--
              ``(1) 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; and
              ``(2) consider the impact of the importation on--
                      ``(A) continued public support for and adherence to 
                  State and local recycling programs;
                      ``(B) landfill capacity as provided in 
                  comprehensive waste management plans;
                      ``(C) air emissions from increased vehicular 
                  traffic;
                      ``(D) road deterioration from increased vehicular 
                  traffic; and
                      ``(E) public health and the environment.
      ``(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.''.
      (b) Table of Contents Amendment.--The table of contents of such 
  subtitle D is amended by adding at the end the following new item:
  
  ``Sec. 4011. Canadian transboundary movement of municipal solid 
                              waste.''.
  
  SEC. 2. INTERSTATE AND 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 further amended by adding at the end the 
  following new section:
  
  ``SEC. 4012. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL 
                SOLID WASTE.
  
      ``(a) Authority.--A State may enact a law or laws imposing 
  limitations (including a prohibition) on the receipt and disposal of 
  foreign municipal solid waste.
      ``(b) 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.
      ``(c) 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 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 further amended by 
  adding at the end the following new item:
  
  ``Sec. 4012. International transportation and disposal of municipal 
                              solid waste.''.
target: Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting 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 regulation implementing such agreement.
  
  Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) perform the functions of the Designated Authority of the United States with respect to such importation and exportation under the agreement; and (2) implement and enforce the notice and consent provisions of the agreement as well as its other provisions.
  
  Sets forth factors to consider in determining whether to consent to the importation of municipal solid waste. Requires that the views of States be given substantial weight.
  
  Authorizes the Administrator to issue orders assessing civil penalties, requiring compliance, or both, or to commence civil actions in U.S. district court to address violations of this Act. Limits civil penalties assessed pursuant to an administrative order to $25,000 per day of noncompliance. Authorizes persons subject to administrative orders to request a public hearing.
  
  Authorizes States to enact laws imposing limitations (including prohibitions) on the receipt and disposal of foreign municipal solid waste. States that no such action shall be considered to impose an undue burden on interstate or foreign commerce.
feat_title: To direct the Administrator of the Environmental Protection Agency to carry out certain authorities under an agreement with Canada respecting the importation of municipal solid waste, to amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, and for other purposes.