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 viola-
tions 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 mani-
fest system for the interstate transportation of solid 
waste.
Be it enacted by the Senate and House of Representa-
tives 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 add-
ing 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 fol-
lowing 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 transpor-
tation of solid waste in a vehicle operating with 4 axles 
or more, in a ship, barge, or other vessel on navigable wa-
ters 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 viola-
tion subject to penalties under section 3008 for—
‘‘(1) a solid waste management facility to—
‘‘(A) accept for disposal solid waste trans-
ported 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, un-
less the transporter of such solid waste provides 
to the solid waste management facility a certifi-
cation 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 facil-
ity 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 para-
graph (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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