I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Waste Disposal 

5 Act’’. 
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1 SEC. 2. AUTHORITY TO PETITION. 

2 (a) AMENDMENT.—Subtitle G of the Solid Waste 

3 Disposal Act (42 U.S.C. 6971 et seq.) is amended by add4 ing at the end the following new section: 

5 ‘‘SEC. 7011. AUTHORITY TO PETITION. 

6 ‘‘If a State or local government has a reasonable 

7 basis for believing that a person transporting solid waste 

8 into the jurisdiction of the State or local government, or 

9 a person who generated solid waste being transported into 

10 the jurisdiction of the State or local government, has acted 

11 in violation of any provision of this Act, the State or local 

12 government may petition the Administrator for a finding 

13 that such violation has occurred. The petition shall include 

14 evidence supporting the allegation. Within 60 days after 

15 receipt of a petition under this section, and after public 

16 hearing, the Administrator shall make such finding or 

17 deny the petition.’’. 

18 (b) TABLE OF CONTENTS.—The table of contents for 

19 subtitle G of the Solid Waste Disposal Act is amended 

20 by adding after the item relating to section 7010 the fol21 lowing new item:

‘‘Sec. 7011. Authority to petition.’’.

22 SEC. 3. MANIFEST SYSTEM AND CERTIFICATION. 

23 (a) AMENDMENT.—Subtitle G of the Solid Waste 

24 Disposal Act (42 U.S.C. 6971 et seq.) is further amended 
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1 by adding after the section added by section 2 of this Act 

2 the following new section: 

3 ‘‘SEC. 7012. MANIFEST SYSTEM AND CERTIFICATION. 

4 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this section, the Administrator shall 

6 require the implementation of a manifest system, to be 

7 maintained by transporters, for the interstate transpor8 tation of solid waste in a vehicle operating with 4 axles 

9 or more, in a ship, barge, or other vessel on navigable wa10 ters transporting solid waste in containers stacked 2 or 

11 more containers high, or by freight rail. Such system shall 

12 include requirements as necessary to protect human health 

13 and the environment, including a requirement that each 

14 manifest contain a certification (in a form prescribed by 

15 the Administrator) by the transporter—

16 ‘‘(1) that the solid waste—

17 ‘‘(A) is being transported in compliance 

18 with all applicable Federal and State laws and 

19 regulations; and 

20 ‘‘(B) does not include any substances that 

21 the recipient is prohibited from receiving under 

22 Federal or State laws or regulations; and 

23 ‘‘(2) identifying the State of origin of the solid 

24 waste and the type of waste being transported. 
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1 ‘‘(b) ANNUAL REPORT TO GOVERNOR.—Each solid 

2 waste management facility shall transmit an annual report 

3 to the Governor of the State in which it is located that 

4 aggregates all information received by the facility during 

5 the preceding year under subsection (a). 

6 ‘‘(c) PROHIBITIONS.—It shall be considered a viola7 tion subject to penalties under section 3008 for—

8 ‘‘(1) a solid waste management facility to—

9 ‘‘(A) accept for disposal solid waste trans10 ported in interstate transportation in a vehicle 

11 operating with 4 axles or more, in a ship, 

12 barge, or other vessel on navigable waters 

13 transporting solid waste in containers stacked 2 

14 or more containers high, or by freight rail, un15 less the transporter of such solid waste provides 

16 to the solid waste management facility a certifi17 cation described in subsection (a) with respect 

18 to such solid waste; or 

19 ‘‘(B) fail to transmit a report as required 

20 under subsection (b); 

21 ‘‘(2) a transporter described in paragraph 

22 (1)(A) to deliver to a solid waste management facil23 ity for disposal solid waste as described in paragraph 

24 (1)(A) without providing a certification as required 

25 under subsection (a); or 
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1 ‘‘(3) a transporter described in paragraph 

2 (1)(A) to falsely certify, pursuant to a requirement 

3 under subsection (a)—

4 ‘‘(A) that the conditions described in para5 graph (1)(A) and (B) of subsection (a) have 

6 been met; or 

7 ‘‘(B) the State of origin of solid waste or 

8 the type of waste being transported.’’. 

9 (b) TABLE OF CONTENTS.—The table of contents for 

10 subtitle G of the Solid Waste Disposal Act is amended 

11 by adding after the item relating to section 7011, as added 

12 by section 2 of this Act, the following new item:

‘‘Sec. 7012. Manifest system and certification.’’.

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