[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2581 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2581

To authorize State and local governments to petition the Administrator 
   of the Environmental Protection Agency for enforcement of certain 
    violations of the Solid Waste Disposal Act, and to require the 
establishment of a manifest system for the interstate transportation of 
                              solid waste.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2003

Mrs. Jo Ann Davis of Virginia introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To authorize State and local governments to petition the Administrator 
   of the Environmental Protection Agency for enforcement of certain 
    violations of the Solid Waste Disposal Act, and to require the 
establishment of a manifest system for the interstate transportation of 
                              solid waste.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Waste Disposal Act''.

SEC. 2. AUTHORITY TO PETITION.

    (a) Amendment.--Subtitle G of the Solid Waste Disposal Act (42 
U.S.C. 6971 et seq.) is amended by adding at the end the following new 
section:

``SEC. 7011. AUTHORITY TO PETITION.

    ``If a State or local government has a reasonable basis for 
believing that a person transporting solid waste into the jurisdiction 
of the State or local government, or a person who generated solid waste 
being transported into the jurisdiction of the State or local 
government, has acted in violation of any provision of this Act, the 
State or local government may petition the Administrator for a finding 
that such violation has occurred. The petition shall include evidence 
supporting the allegation. Within 60 days after receipt of a petition 
under this section, and after public hearing, the Administrator shall 
make such finding or deny the petition.''.
    (b) Table of Contents.--The table of contents for subtitle G of the 
Solid Waste Disposal Act is amended by adding after the item relating 
to section 7010 the following new item:

``Sec. 7011. Authority to petition.''.

SEC. 3. MANIFEST SYSTEM AND CERTIFICATION.

    (a) Amendment.--Subtitle G of the Solid Waste Disposal Act (42 
U.S.C. 6971 et seq.) is further amended by adding after the section 
added by section 2 of this Act the following new section:

``SEC. 7012. MANIFEST SYSTEM AND CERTIFICATION.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Administrator shall require the 
implementation of a manifest system, to be maintained by transporters, 
for the interstate transportation of solid waste in a vehicle operating 
with 4 axles or more, in a ship, barge, or other vessel on navigable 
waters transporting solid waste in containers stacked 2 or more 
containers high, or by freight rail. Such system shall include 
requirements as necessary to protect human health and the environment, 
including a requirement that each manifest contain a certification (in 
a form prescribed by the Administrator) by the transporter--
            ``(1) that the solid waste--
                    ``(A) is being transported in compliance with all 
                applicable Federal and State laws and regulations; and
                    ``(B) does not include any substances that the 
                recipient is prohibited from receiving under Federal or 
                State laws or regulations; and
            ``(2) identifying the State of origin of the solid waste 
        and the type of waste being transported.
    ``(b) Annual Report to Governor.--Each solid waste management 
facility shall transmit an annual report to the Governor of the State 
in which it is located that aggregates all information received by the 
facility during the preceding year under subsection (a).
    ``(c) Prohibitions.--It shall be considered a violation subject to 
penalties under section 3008 for--
            ``(1) a solid waste management facility to--
                    ``(A) accept for disposal solid waste transported 
                in interstate transportation in a vehicle operating 
                with 4 axles or more, in a ship, barge, or other vessel 
                on navigable waters transporting solid waste in 
                containers stacked 2 or more containers high, or by 
                freight rail, unless the transporter of such solid 
                waste provides to the solid waste management facility a 
                certification described in subsection (a) with respect 
                to such solid waste; or
                    ``(B) fail to transmit a report as required under 
                subsection (b);
            ``(2) a transporter described in paragraph (1)(A) to 
        deliver to a solid waste management facility for disposal solid 
        waste as described in paragraph (1)(A) without providing a 
        certification as required under subsection (a); or
            ``(3) a transporter described in paragraph (1)(A) to 
        falsely certify, pursuant to a requirement under subsection 
        (a)--
                    ``(A) that the conditions described in paragraph 
                (1)(A) and (B) of subsection (a) have been met; or
                    ``(B) the State of origin of solid waste or the 
                type of waste being transported.''.
    (b) Table of Contents.--The table of contents for subtitle G of the 
Solid Waste Disposal Act is amended by adding after the item relating 
to section 7011, as added by section 2 of this Act, the following new 
item:

``Sec. 7012. Manifest system and certification.''.
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