2012 US Code
Title 49 - Transportation
Subtitle IV - INTERSTATE TRANSPORTATION (§§ 10101 - 16106)
Part A - RAIL (§§ 10101 - 11908)
Chapter 109 - LICENSING (§§ 10901 - 10910)
Section 10908 - Regulation of solid waste rail transfer facilities
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART A - RAIL CHAPTER 109 - LICENSING Sec. 10908 - Regulation of solid waste rail transfer facilities |
Contains | section 10908 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 110-432, div. A, title VI, §603(a), Oct. 16, 2008, 122 Stat. 4900. |
Statutes at Large References | 79 Stat. 997 90 Stat. 2795 122 Stat. 4900 |
Public Law References | Public Law 89-272, Public Law 94-580, Public Law 110-432 |
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(a)
(b)
(1)
(2)
(A)
(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)
(c)
(d)
(e)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(i) household waste;
(ii) commercial and retail waste; and
(iii) institutional waste.
(G)
(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)
(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) 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)
(2)
(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)
(Added Pub. L. 110–432, div. A, title VI, §603(a), Oct. 16, 2008, 122 Stat. 4900.)
References in TextThe date of enactment of the Clean Railroads Act of 2008, referred to in subsec. (b), is the date of enactment of title VI of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
The Solid Waste Disposal Act, referred to in subsec. (e)(1)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§6921 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
Prior ProvisionsFor prior section 10908, see note set out under section 10907 of this title.
1 So in original. Probably should be followed by a comma.
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