49 U.s.c. 10909

§ 10909

TITLE 49—TRANSPORTATION

(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)
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.
(Added Pub. L. 110–432, div. A, title VI, § 603(a),
Oct. 16, 2008, 122 Stat. 4900.)
REFERENCES IN TEXT
The 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.

§ 10909. Solid waste rail transfer facility land-use
exemption
(a) AUTHORITY.—The Board may issue a landuse exemption for a solid waste rail transfer fa-

Page 314

cility that is or is proposed to be operated by or
on behalf of a rail carrier if—
(1) the Board finds that a State, local, or
municipal law, regulation, order, or other requirement affecting the siting of such facility
unreasonably burdens the interstate transportation of solid waste by railroad, discriminates against the railroad transportation of
solid waste and a solid waste rail transfer facility, or a rail carrier that owns or operates
such a facility petitions the Board for such an
exemption; or
(2) the Governor of a State in which a facility that is operating as of the date of enactment of the Clean Railroads Act of 2008 is located, or his or her designee, petitions the
Board to initiate a permit proceeding for that
particular facility.
(b) LAND-USE EXEMPTION PROCEDURES.—Not
later than 90 days after the date of enactment of
the Clean Railroad 1 Act of 2008, the Board shall
publish procedures governing the submission
and review of applications for solid waste rail
transfer facility land-use exemptions. At a minimum, the procedures shall address—
(1) the information that each application
should contain to explain how the solid waste
rail transfer facility will not pose an unreasonable risk to public health, safety, or the
environment;
(2) the opportunity for public notice and
comment including notification of the municipality, the State, and any relevant Federal or
State regional planning entity in the jurisdiction of which the solid waste rail transfer facility is proposed to be located;
(3) the timeline for Board review, including
a requirement that the Board approve or deny
an exemption within 90 days after the full
record for the application is developed;
(4) the expedited review timelines for petitions for modifications, amendments, or revocations of granted exemptions;
(5) the process for a State to petition the
Board to require a solid waste transfer facility
or a rail carrier that owns or operates such a
facility to apply for a siting permit; and
(6) the process for a solid waste transfer facility or a rail carrier that owns or operates
such a facility to petition the Board for a
land-use exemption.
(c) STANDARD FOR REVIEW.—
(1) The Board may only issue a land-use exemption if it determines that the facility at
the existing or proposed location does not pose
an unreasonable risk to public health, safety,
or the environment. In deciding whether a
solid waste rail transfer facility that is or proposed to be constructed or operated by or on
behalf of a rail carrier poses an unreasonable
risk to public health, safety, or the environment, the Board shall weigh the particular facility’s potential benefits to and the adverse
impacts on public health, public safety, the
environment, interstate commerce, and transportation of solid waste by rail.
(2) The Board may not grant a land-use exemption for a solid waste rail transfer facility
1 So

in original. Probably should be ‘‘Railroads’’.

Page 315

proposed to be located on land within any unit
of or land affiliated with the National Park
System, the National Wildlife Refuge System,
the National Wilderness Preservation System,
the National Trails System, the National Wild
and Scenic Rivers System, a National Reserve,
a National Monument, or lands referenced in
Public Law 108–421 for which a State has implemented a conservation management plan, if
operation of the facility would be inconsistent
with restrictions placed on such land.
(d) CONSIDERATIONS.—When evaluating an application under this section, the Board shall
consider and give due weight to the following, as
applicable:
(1) the land-use, zoning, and siting regulations or solid waste planning requirements of
the State or State subdivision in which the facility is or will be located that are applicable
to solid waste transfer facilities, including
those that are not owned or operated by or on
behalf of a rail carrier;
(2) the land-use, zoning, and siting regulations or solid waste planning requirements applicable to the property where the solid waste
rail transfer facility is proposed to be located;
(3) regional transportation planning requirements developed pursuant to Federal and
State law;
(4) regional solid waste disposal plans developed pursuant to State or Federal law;
(5) any Federal and State environmental
protection laws or regulations applicable to
the site;
(6) any unreasonable burdens imposed on the
interstate transportation of solid waste by
railroad, or the potential for discrimination
against the railroad transportation of solid
waste, a solid waste rail transfer facility, or a
rail carrier that owns or operates such a facility; and
(7) any other relevant factors, as determined
by the Board.
(e) EXISTING FACILITIES.—Upon the granting
of 2 petition from the State in which a solid
waste rail transfer facility is operating as of the
date of enactment of the Clean Railroads Act of
2008 by the Board, the facility shall submit a
complete application for a siting permit to the
Board pursuant to the procedures issued pursuant to subsection (b). No State may enforce a
law, regulation, order, or other requirement affecting the siting of a facility that is operating
as of the date of enactment of the Clean Railroads Act of 2008 until the Board has approved or
denied a permit pursuant to subsection (c).
(f) EFFECT OF LAND-USE EXEMPTION.—If the
Board grants a land-use exemption to a solid
waste rail transfer facility, all State laws, regulations, orders, or other requirements affecting
the siting of a facility are preempted with regard to that facility. An exemption may require
compliance with such State laws, regulations,
orders, or other requirements.
(g) INJUNCTIVE RELIEF.—Nothing in this section precludes a person from seeking an injunction to enjoin a solid waste rail transfer facility
from being constructed or operated by or on be2 So

§ 11101

TITLE 49—TRANSPORTATION

in original. Probably should be followed by ‘‘a’’.

half of a rail carrier if that facility has materially violated, or will materially violate, its
land-use exemption or if it failed to receive a
valid land-use exemption under this section.
(h) FEES.—The Board may charge permit applicants reasonable fees to implement this section, including the costs of third-party consultants.
(i) DEFINITIONS.—In this section the terms
‘‘solid waste’’, ‘‘solid waste rail transfer facility’’, and ‘‘State requirements’’ have the meaning given such terms in section 10908(e).
(Added Pub. L. 110–432, div. A, title VI, § 604(a),
Oct. 16, 2008, 122 Stat. 4903.)
REFERENCES IN TEXT
The date of enactment of the Clean Railroads Act of
2008, referred to in subsecs. (a)(2), (b), and (e), is the
date of enactment of title VI of div. A of Pub. L.
110–432, which was approved Oct. 16, 2008.
Public Law 108–421, referred to in subsec. (c)(2), is
Pub. L. 108–421, Nov. 30, 2004, 118 Stat. 2375, known as
the Highlands Conservation Act, which is not classified
to the Code.

§ 10910. Effect on other statutes and authorities
Nothing in section 10908 or 10909 is intended to
affect the traditional police powers of the State
to require a rail carrier to comply with State
and local environmental, public health, and public safety standards that are not unreasonably
burdensome to interstate commerce and do not
discriminate against rail carriers.
(Added Pub. L. 110–432, div. A, title VI, § 605(a),
Oct. 16, 2008, 122 Stat. 4905.)
CHAPTER 111—OPERATIONS
SUBCHAPTER I—GENERAL REQUIREMENTS
Sec.

11101.
11102.
11103.

Common carrier transportation, service, and
rates.
Use of terminal facilities.
Switch connections and tracks.
SUBCHAPTER II—CAR SERVICE

11121.
11122.
11123.
11124.

Criteria.
Compensation and practice.
Situations requiring immediate action to
serve the public.
War emergencies; embargoes imposed by carriers.

SUBCHAPTER III—REPORTS AND RECORDS
11141.
11142.
11143.
11144.
11145.

Definitions.
Uniform accounting system.
Depreciation charges.
Records: form; inspection; preservation.
Reports by rail carriers, lessors, and associations.

SUBCHAPTER IV—RAILROAD COST ACCOUNTING
11161.
11162.
11163.
11164.

Implementation of cost accounting
ciples.
Rail carrier cost accounting system.
Cost availability.
Accounting and cost reporting.

prin-

SUBCHAPTER I—GENERAL REQUIREMENTS
§ 11101. Common carrier transportation, service,
and rates
(a) A rail carrier providing transportation or
service subject to the jurisdiction of the Board