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49 U.S.C. § 10908 — Regulation of solid waste rail transfer facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Each solid waste rail transfer facility shall be subject to and shall comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined in section 1004(29) of the Solid Waste Disposal Act ([42 U.S.C. 6903(29)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/29&num=0&edition=prelim)) 11 So in original. Probably should be followed by a comma. that is not owned or operated by or on behalf of a rail carrier, except as provided for in section 10909 of this chapter.
**(b) Existing Facilities.—**
(1) **State laws and standards.—** — Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, a solid waste rail transfer facility operating as of such date of enactment shall comply with all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits.
(2) **Permit requirements.—**
(A) *State non-siting permits.—* — Any solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a permit required pursuant to subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Railroads Act of 2008 shall not be required to possess any such permits in order to operate the facility—
(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in g
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Source file: Laws/federal/codes/united-states-code/title-49/section-10908-regulation-of-solid-waste-rail-transfer-facilities--46ebe436a3.md
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Source location: Title 49, Chapter 109, § 10908; chapter-109-licensing.md
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**(a) In General.—** Each solid waste rail transfer facility shall be subject to and shall comply with all applicable Federal and State requirements, both substantive and procedural, including judicial and administrative orders and fines, respecting the prevention and abatement of pollution, the protection and restoration of the environment, and the protection of public health and safety, including laws governing solid waste, to the same extent as required for any similar solid waste management facility, as defined in section 1004(29) of the Solid Waste Disposal Act ([42 U.S.C. 6903(29)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/29&num=0&edition=prelim)) 11 So in original. Probably should be followed by a comma. that is not owned or operated by or on behalf of a rail carrier, except as provided for in section 10909 of this chapter.
**(b) Existing Facilities.—**
(1) **State laws and standards.—** — Not later than 90 days after the date of enactment of the Clean Railroads Act of 2008, a solid waste rail transfer facility operating as of such date of enactment shall comply with all Federal and State requirements pursuant to subsection (a) other than those provisions requiring permits.
(2) **Permit requirements.—**
(A) *State non-siting permits.—* — Any solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a permit required pursuant to subsection (a), other than a siting permit for the facility, as of the date of enactment of the Clean Railroads Act of 2008 shall not be required to possess any such permits in order to operate the facility—
(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all permits, except siting permits, required pursuant to subsection (a) to the appropriate permitting agency authorized to grant such permits; and
(ii) until the permitting agency has either approved or denied the solid waste rail transfer facility’s application for each permit.
(B) *Siting permits and requirements.—* — A solid waste rail transfer facility operating as of the date of enactment of the Clean Railroads Act of 2008 that does not possess a State siting permit required pursuant to subsection (a) as of such date of enactment shall not be required to possess any siting permit to continue to operate or comply with any State land use requirements. The Governor of a State in which the facility is located, or his or her designee, may petition the Board to require the facility to apply for a land-use exemption pursuant to section 10909 of this chapter. The Board shall accept the petition, and the facility shall be required to have a Board-issued land-use exemption in order to continue to operate, pursuant to section 10909 of this chapter.
**(c) Common Carrier Obligation.—** No prospective or current rail carrier customer may demand solid waste rail transfer service from a rail carrier at a solid waste rail transfer facility that does not already possess the necessary Federal land-use exemption and State permits at the location where service is requested.
**(d) Non-Waste Commodities.—** Nothing in this section or section 10909 of this chapter shall affect a rail carrier’s ability to conduct transportation-related activities with respect to commodities other than solid waste.
**(e) Definitions.—**
(1) **In general.—** — In this section:
(A) *Commercial and retail waste.—* — The term “commercial and retail waste” means material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities.
(B) *Construction and demolition debris.—* — The term “construction and demolition debris” means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures.
(C) *Household waste.—* — The term “household waste” means material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities.
(D) *Industrial waste.—* — The term “industrial waste” means the solid waste generated by manufacturing and industrial and research and development processes and operations, including contaminated soil, nonhazardous oil spill cleanup waste and dry nonhazardous pesticides and chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act ([42 U.S.C. 6921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) et seq.), mining or oil and gas waste.
(E) *Institutional waste.—* — The term “institutional waste” means material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities.
(F) *Municipal solid waste.—* — The term “municipal solid waste” means—
(i) household waste;
(ii) commercial and retail waste; and
(iii) institutional waste.
(G) *Solid waste.—* — With the exception of waste generated by a rail carrier during track, track structure, or right-of-way construction, maintenance, or repair (including railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derailment, the term “solid waste” means—
(i) construction and demolition debris;
(ii) municipal solid waste;
(iii) household waste;
(iv) commercial and retail waste;
(v) institutional waste;
(vi) sludge;
(vii) industrial waste; and
(viii) other solid waste, as determined appropriate by the Board.
(H) *Solid waste rail transfer facility.—* — The term “solid waste rail transfer facility”—
(i) means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10102&num=0&edition=prelim)) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place outside of original shipping containers; but
(ii) does not include—
(I) the portion of a facility to the extent that activities taking place at such portion are comprised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing solid waste shipments; or
(II) a facility where solid waste is solely transferred or transloaded from a tank truck directly to a rail tank car.
(I) *Sludge.—* — The term “sludge” means any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
(2) **Exceptions.—** — Notwithstanding paragraph (1), the terms “household waste”, “commercial and retail waste”, and “institutional waste” do not include—
(A) yard waste and refuse-derived fuel;
(B) used oil;
(C) wood pallets;
(D) clean wood;
(E) medical or infectious waste; or
(F) motor vehicles (including motor vehicle parts or vehicle fluff).
(3) **State requirements.—** — In this section the term “State requirements” does not include the laws, regulations, ordinances, orders, or other requirements of a political subdivision of a State, including a locality or municipality, unless a State expressly delegates such authority to such political subdivision.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate.
**(b) Identification and listing**
(1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6921
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Board” means the Surface Transportation Board;
(2) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier;
(3) “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means;
(4) “person”, in addition to its meaning under [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), includes a trustee, receiver, assignee, or personal representative of a person;
(5) “rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation;
(6) “railroad” includes—
(A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connection with a railroad;
(B) the road used by a rail carrier and owned by it or operated under an agreement; and
(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation;
(7) “rate” means a rate or charge for transportation;
(8) “State” means a State of the United States and the District of Columbia;
(9) “transportation” includes—
(A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind rela
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, the term “financially responsible person” means a person who—
(1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and
(2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years.
Such term includes a governmental authority but does not include a Class I or Class II rail carrier.
**(b)**
(1) When the Board finds that—
(A)
(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim), but the rail carrier owning such line has not filed an application to abandon such line under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim) before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and
(B) an application to purchase such line has been filed by a financially responsible person,
the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater.
**(c)**
(1) For purposes of this section, the Board may determine that the public convenience and nece
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10907
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to this chapter, the Board has jurisdiction over transportation by rail carrier that is—
(A) only by railroad; or
(B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment.
(2) Jurisdiction under paragraph (1) applies only to transportation in the United States between a place in—
(A) a State and a place in the same or another State as part of the interstate rail network;
(B) a State and a place in a territory or possession of the United States;
(C) a territory or possession of the United States and a place in another such territory or possession;
(D) a territory or possession of the United States and another place in the same territory or possession;
(E) the United States and another place in the United States through a foreign country; or
(F) the United States and a place in a foreign country.
**(b)** The jurisdiction of the Board over—
(1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and
(2) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State,
is exclusive. Except as otherwise provided in this part, the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.
**(c)**
(1) In this subsection—
(A) the term “local governmental authority”—
(i) has the same meaning giv
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10501
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion.
(2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.
(3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903
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Federal law — U.S. Code and appendices · legal_authorities
Page 6924
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6903
Subsec. (a)(4) to (11). Pub. L. 98–616, § 101(b)(2), struck
out par. (4) which provided for regulating the treat-
ment, storage, transportation, and disposal of haz-
ardous wastes which have adverse effects on health and
the environment, added pars. (4) to (7), and redesig-
nated former pars. (5) to (8) as (8) to (11), respectively.
Subsec. (b). Pub. L. 98–616, § 101(b)(1), added subsec.
(b).
§ 6903. Definitions
As used in this chapter:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection
Agency.
(2) The term ‘‘construction,’’ with respect to
any project of construction under this chapter,
means (A) the erection or building of new struc-
tures and acquisition of lands or interests there-
in, or the acquisition, replacement, expansion,
remodeling, alteration, modernization, or exten-
sion of existing structures, and (B) the acquisi-
tion and installation of initial equipment of, or
required in connection with, new or newly ac-
quired structures or the expanded, remodeled,
altered, modernized or extended part of existing
structures (including trucks and other motor ve-
hicles, and tractors, cranes, and other machin-
ery) necessary for the proper utilization and op-
eration of the facility after completion of the
project; and includes preliminary planning to
determine the economic and engineering feasi-
bility and the public health and safety aspects
of the project, the engineering, architectural,
legal, fiscal, and economic investigations and
studies, and any surveys, designs, plans, work-
ing drawings, specifications, and other action
necessary for the carrying out of the project,
and (C) the inspection and supervision of the
process of carrying out the proj
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6903
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6903. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6935
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6921
1 So in original. Probably should be ‘‘teratogens)’’.
Transportation System, and subsequent transfer to
Secretary of Energy, then to Federal Coordinator for
Alaska Natural Gas Transportation Projects, see note
set out under section 6903 of this title.
§ 6917. Office of Ombudsman
(a) Establishment; functions
The Administrator shall establish an Office of
Ombudsman, to be directed by an Ombudsman.
It shall be the function of the Office of Ombuds-
man to receive individual complaints, griev-
ances, requests for information submitted by
any person with respect to any program or re-
quirement under this chapter.
(b) Authority to render assistance
The Ombudsman shall render assistance with
respect to the complaints, grievances, and re-
quests submitted to the Office of Ombudsman,
and shall make appropriate recommendations to
the Administrator.
(c) Effect on procedures for grievances, appeals,
or administrative matters
The establishment of the Office of Ombudsman
shall not affect any procedures for grievances,
appeals, or administrative matters in any other
provision of this chapter, any other provision of
law, or any Federal regulation.
(d) Termination
The Office of the Ombudsman shall cease to
exist 4 years after November 8, 1984.
(Pub. L. 89–272, title II, § 2008, as added Pub. L.
98–616, title I, § 103(a), Nov. 8, 1984, 98 Stat. 3225.)
SUBCHAPTER III—HAZARDOUS WASTE
MANAGEMENT
§ 6921. Identification and listing of hazardous
waste
(a) Criteria for identification or listing
Not later than eighteen months after October
21, 1976, the Administrator shall, after notice
and opportunity for public hearing, and after
consultation with appropriate Federal and State
agencies, develop and promu
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6921
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6921. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 439
TITLE 49—TRANSPORTATION
§ 10908
1 So in original. Probably should be followed by a comma.
Section 10907, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1407, related to rail carriers entering into arrangements
for joint use or ownership of spur, industrial, team,
switching, or side tracks, and deprived Interstate Com-
merce Commission of authority over such tracks when
located in one State or over certain electric railways.
See sections 10102, 10501, and 10906 of this title.
Section 10908, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1407, related to discontinuing or changing interstate
train or ferry transportation subject to State law.
Section 10909, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1408, related to discontinuing or changing train or ferry
transportation in one State.
Section 10910, added Pub. L. 96–448, title IV, § 401(a),
Oct. 14, 1980, 94 Stat. 1939; amended Pub. L. 97–468, title
V, § 506(a), Jan. 14, 1983, 96 Stat. 2553; Pub. L. 103–272,
§ 4(j)(27), July 5, 1994, 108 Stat. 1369, related to railroad
development. See section 10907 of this title.
Section 10921, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1409, related to requirement for certificate, permit, or
license. See section 13901 of this title.
Section 10922, Pub. L. 95–473, Oct. 17, 1978, 92 Stat.
1409; Pub. L. 96–296, §§ 5(a), 6, 34(a), July 1, 1980, 94 Stat.
794, 796, 825; Pub. L. 96–454, § 10(a), Oct. 15, 1980, 94 Stat.
2021; Pub. L. 97–261, §§ 6(a)–(c), (g), 7, 8, Sept. 20, 1982, 96
Stat. 1103, 1107, 1108; Pub. L. 98–554, title II, §§ 225(a), (b),
226(b), Oct. 30, 1984, 98 Stat. 2847, 2848, 2850; Pub. L.
100–17, title III, §§ 339, 340(a), Apr. 2, 1987, 101 Stat. 243,
245; Pub. L. 100–690, title IX, § 9111(g), Nov. 18, 1988, 102
Stat. 4533; Pub. L. 102–240, title III, § 3003(b)
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10908
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.