Page:United States Statutes at Large Volume 122.djvu/4924

 12 2 STA T .490 1 PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 200 8permits, e xc ept siti ng permits, re qu ire d pursu a ntt o su b section ( a ) tot h e appropriate permitting agenc y authori z ed to grant such permits and ‘ ‘(ii) unti l the permitting agency has either appro v ed or denied the solid w aste rail trans f er facility ’ s application for each permit . ‘‘( B ) SIT I NGPERM IT SA N D RE QU IREMENTS. —A solid waste rail transfer facility operating as of the date of enactment of the C lean R ailroads Act of 20 0 8 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. T he G ov - ernor 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 sec- tion 1 0 9 09 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) C O MMON CARRIER OBL IGATION.— N o 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 F ederal land-use exemption and State permits at the location where service is requested. ‘‘(d) NON- W ASTE COMMODITIES.—Nothing in this section or sec- tion 10909 of this chapter shall affect a rail carrier’s ability to conduct transportation-related activities with respect to commod- ities other than solid waste. ‘‘(e) D E F INITIONS.— ‘‘(1) I N GENERAL.—In this section

‘‘(A) COMMER C IAL AND RETAIL W ASTE.—The term ‘commercial and retail waste’ means material discarded by stores, offices, restaurants, warehouses, nonmanufac- turing 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, pac k aging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures. ‘‘(C) H OUSE H OLD 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 regu- lated under subtitle C of the Solid Waste Disposal Act ( 4 2 U .S.C. 6 921 et seq.), mining or oil and gas waste. ‘‘( E ) INSTITUTIONAL WASTE.—The term ‘institutional waste’ means material discarded by schools, nonmedical

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