Foreign Solid Waste Prohibition Act

Summary

Foreign Solid Waste Prohibition Act - Declares that the purpose of this Act is to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Amends the Solid Waste Disposal Act to make it unlawful to import into the United States any solid waste, except as provided by this Act. Excludes from the definition of "import" any: (1) disposal or transport for the purpose of disposal of solid waste in compliance with a permit issued under the Marine Protection, Research, and Sanctuaries Act; (2) discharge of solid waste subject to regulations under the Act to Prevent Pollution From Ships; and (3) any transboundary movement of solid waste generated or managed exclusively by U.S. Government activities or facilities abroad or on board U.S. aircraft into an area under U.S. jurisdiction, if such waste is not unloaded before reaching an area under U.S. jurisdiction. Excludes from the provisions of this Act: (1) spent nuclear fuel; and (2) solid waste that when mixed with source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954) or spent nuclear fuel is subject, as a result of being radioactive, to other international control systems. Applies this Act's requirements to: (1) scrap metal; (2) waste paper, glass, and plastic and scrap textiles, when separated from municipal solid waste; and (3) any other separated solid waste if the waste would not have adverse health and environmental effects. Designates such waste as recyclable solid waste. Prohibits the import of recyclable solid waste into the United States without the notification and consent of the President. Declares that a contract between the importer and exporter of such waste must exist prior to import into the United States. Provides that if an importer fails to deliver waste to the facility designated in the notification, consent, and contract, he shall be legally and financially responsible for: (1) delivering such waste to an alternative facility; or (2) returning such waste to the exporting country. Directs importers to comply with financial responsibility requirements of the United States and of exporting and transit countries. Authorizes general notification and consent procedures for multiple shipments of the same waste to the same disposer via the same customs offices. Authorizes the President to: (1) determine the procedures by which waste may be managed abroad or imported into the United States; and (2) exempt an individual shipment of waste by an executive branch agency from compliance if in the interest of the United States. Authorizes the President to issue orders prohibiting the import of waste by a particular source, shipment, or class where there is reason to believe that: (1) the management of imported waste would be in violation of Federal laws; or (2) imports may not be in accordance with contracts, bilateral agreements, or international obligations of the United States. Permits the issuance of emergency orders to prohibit the import of waste by a particular source, shipment, or class from a specific country for up to 45 days where: (1) the waste may present an imminent endangerment to health or the environment; or (2) the exporting country requests emergency actions in support of enforcement efforts related to such waste. Sets forth annual reporting requirements for waste importers. Provides for the imposition of fees on such individuals. Prescribes civil penalties and authorizes civil actions in connection with specified violations of this Act. Provides for criminal penalties for certain knowing violations. Subjects property used in violation of this Act to forfeiture. Sets forth financial responsibility requirements with respect to the illegal importation of waste.

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Timeline

1. 27 November 1991

   Introduced

   Referred to the House Committee on Energy and Commerce.

   Source: IntroReferral

2. 27 November 1991

   Introduced

   Introduced in House

   Source: IntroReferral

3. 27 November 1991

   Introduced

   Introduced in House

   Source: IntroReferral

4. 14 January 1992

   Referred

   Referred to the Subcommittee on Transportation and Hazardous Materials.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · undated · Official file

Documents

2 official files

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 27 November 1991

  Open at official source

Sponsors

• Rep. Paxon, Bill [R-NY-31] · R · Sponsor
• Rep. Martin, David O'B. [R-NY-26] · R · Sponsor
• Rep. Walsh, James T. [R-NY-27] · R · Sponsor
• · hsif00 · Standing

Related records

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