DOT 49 CFR PART 1155-2010 SOLID WASTE RAIL TRANSFER FACILITIES.pdf

1、254 49 CFR Ch. X (10110 Edition) Pt. 1155 Persons seeking further information con-cerning abandonment procedures may con-tact the Surface Transportation Board or refer to the full abandonment or discontinu-ance regulations at 49 CFR part 1152. Ques-tions concerning environmental issues may be direct

2、ed to the Boards Section of Envi-ronmental Analysis. An environmental assessment (EA) (or en-vironmental impact statement (EIS), if nec-essary) prepared by the Section of Environ-mental Analysis will be served upon all par-ties of record and upon any agencies or other persons who commented during it

3、s prepara-tion. Any other persons who would like to obtain a copy of the EA (or EIS) may contact the Section of Environmental Analysis. EAs in these abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for sub-mission of comments on the E

4、A will gen-erally be within 30 days of its service. (d) A petitioner for an abandonment exemption must serve a copy of the pe-tition on the persons receiving notices of exemption under 1152.50(d). The pe-tition must include the following state-ment: Based on information in our possession, the line (

5、does) (does not) contain federally granted right-of-way. Any documentation in petitioners pos-session will be made available prompt-ly to those requesting it. (e) As Provided in 1152.29(e)(2), rail carriers that receive authority to aban-don a line by individual exemption under 49 U.S.C. 10502 must

6、file with the Board a notice that abandonment has been consummated. 61 FR 67883, Dec. 24, 1996, as amended at 62 FR 34670, June 27, 1997 PART 1155SOLID WASTE RAIL TRANSFER FACILITIES Subpart AGeneral Sec. 1155.1 Purpose and scope. 1155.2 Definitions. Subpart BProcedures Governing Petitions To Requir

7、e a Facility in Existence on October 16, 2008, To Apply for a Land- Use-Exemption Permit 1155.10 Contents of petition. 1155.11 Filing and service of petition. 1155.12 Participation in petition procedures. 1155.13 Board determination with respect to a Governors petition. Subpart CProcedures Governing

8、 Appli-cations for a Land-Use-Exemption Per-mit and Petitions for Modifications, Amendments, or Revocations 1155.20 Notice of intent to apply for a land- use-exemption permit. 1155.21 Form of notice. 1155.22 Contents of application. 1155.23 Additional requirements when filing after an unsatisfactory

9、 result from a state, local, or municipal authority af-fecting the siting of the facility. 1155.24 Filings and service of application. 1155.25 Participation in application pro-ceedings. 1155.26 Transfer and termination of the land-use-exemption permit. 1155.27 Board determinations under 49 U.S.C. 10

10、909. 1155.28 Appellate procedures. AUTHORITY: 49 U.S.C. 10908, 49 U.S.C. 10909, 49 U.S.C. 10910. SOURCE: 74 FR 4720, Jan. 27, 2009, unless otherwise noted. Subpart AGeneral 1155.1 Purpose and scope. 49 U.S.C. 10501(c)(2)(B) excludes solid waste rail transfer facilities from the Boards jurisdiction e

11、xcept as provided under 49 U.S.C. 10908 and 10909. Sec-tions 10908 and 10909 provide the Board authority to issue land-use-exemption permits for solid waste rail transfer fa-cilities when certain conditions are met. 49 CFR 1155 contains regulations concerning land-use-exemption permits and the Board

12、s standard for review. 1155.2 Definitions. (a) Unless otherwise provided in the text of these regulations, the following definitions apply in this part: (1) Commercial and retail waste means material discarded by stores, offices, restaurants, warehouses, nonmanufac-turing activities at industrial fa

13、cili-ties, and other similar establishments or facilities. (2) Construction and demolition debris means waste building materials, pack-aging, and rubble resulting from con-struction, remodeling, repair, and dem-olition operations on pavements, houses, commercial buildings, and other structures. VerD

14、ate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-255 Surface Transportation Board, DOT 1155.10 (3) Household waste

15、 means material discarded by residential dwellings, ho-tels, motels, and other similar perma-nent or temporary housing establish-ments or facilities. (4) Industrial waste means the solid waste generated by manufacturing and industrial and research and develop-ment processes and operations, includ-in

16、g contaminated soil, nonhazardous oil spill cleanup waste and dry nonhaz-ardous pesticides and chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or oil and gas waste. (5) Institutional waste means material

17、 discarded by schools, nonmedical waste discarded by hospitals, material dis-carded by nonmanufacturing activities at prisons and government facilities, and material discarded by other simi-lar establishments or facilities. (6) Municipal solid waste means house-hold waste; commercial and retail wast

18、e; and institutional waste. (7) With the exception of waste gen-erated by a rail carrier during track, track structure, or right-of-way con-struction, maintenance, or repair (in-cluding railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derail-ment

19、, the term solid waste means con-struction and demolition debris; mu-nicipal solid waste; household waste; commercial and retail waste; institu-tional waste; sludge; industrial waste; and other solid waste, as determined appropriate by the Board. (8) Solid waste rail transfer facility(i) Means the p

20、ortion of a facility owned or operated by or on behalf of a rail carrier (as defined in 49 U.S.C. 10102) where solid waste, as a commodity to be transported for a charge, is col-lected, stored, separated, processed, treated, managed, disposed of, or trans-ferred, when the activity takes place outsid

21、e of original shipping containers; but (ii) Does not include (A) 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 railroa

22、d transportation for the purpose of interchanging railroad cars con-taining solid waste shipments; or (B) A facility where solid waste is transferred or transloaded solely from a tank truck directly to a rail tank car. (9) Sludge means any solid, semi-solid or liquid waste generated from a mu-nicipa

23、l, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollu-tion control facility exclusive of the treated effluent from a wastewater treatment plant. (b) Exceptions. Notwithstanding para-graph (a) of this section, the terms household waste, commercial and ret

24、ail waste, and institutional waste do not in-clude yard waste and refuse-derived fuel; used oil; wood pallets; clean wood; medical or infectious waste; or motor vehicles (including motor vehicle parts or vehicle fluff). (c) Land-use-exemption permit means the authorization issued by the Board pursua

25、nt to the authority of 49 U.S.C. 10909(a) and includes the term siting permit in 49 U.S.C. 10909(e). (d) State laws, regulations, orders, or other requirements affecting the siting of a facility, as used in 49 U.S.C. 10909(f) and 49 CFR 1155.27(d), include the re-quirements of a state or a political

26、 sub-division of a state, including a locality or municipality, affecting the siting of a facility. (e) State requirements as used in 49 U.S.C. 10908 does not include the laws, regulations, ordinances, orders, or other requirements of a political sub-division of a state, including a locality or muni

27、cipality, unless a state ex-pressly delegates such authority to such political subdivision. Subpart BProcedures Governing Petitions To Require a Facility in Existence on October 16, 2008, To Apply for a Land- Use-Exemption Permit 1155.10 Contents of petition. A petition to require a solid waste rail

28、 transfer facility in existence on October 16, 2008, to apply for a land- use-exemption permit, submitted by VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or ne

29、tworking permitted without license from IHS-,-,-256 49 CFR Ch. X (10110 Edition) 1155.11 the Governor of the state or that Gov-ernors designee, shall contain the fol-lowing information and shall be at-tested to by a person having personal knowledge of the matters contained therein: (a) The Governors

30、 name. (b) The states name and the name of any agency filing on behalf of the Gov-ernor. (c) The full address of the solid waste rail transfer facility, or, if not avail-able, the city, state, and United States Postal Service ZIP code. (d) The name of the rail carrier that owns or operates the facil

31、ity. (e) A good-faith certification that the facility qualifies as a solid waste rail transfer facility pursuant to the defini-tion in 49 U.S.C. 10908(e)(1)(H) and 49 CFR 1155.2 both as of the filing date of the petition and on October 16, 2008. (f) Relief sought (that the rail carrier that owns or

32、operates the facility be required to apply for a land-use-exemp-tion permit). (g) Name, title, and address of rep-resentative of petitioner to whom cor-respondence should be sent. 1155.11 Filing and service of petition. (a) When the petition is filed with the Board, the petitioner shall serve, by fi

33、rst class mail, a copy of the petition on the rail carrier that owns or oper-ates the solid waste rail transfer facil-ity and on the facility if the address is different than the rail carriers ad-dress. A copy of the certificate of serv-ice shall be filed with the Board at the same time. (b) Upon th

34、e filing of a petition, the Board will review the petition and de-termine whether it conforms to all ap-plicable regulations. If the petition is substantially incomplete or its filing otherwise defective, the Board will re-ject the petition for stated reasons by order (which order will be administra

35、-tively final) within 15 days from the date of filing of the petition. 1155.12 Participation in petition pro-ceedings. (a) An interested person may file a reply to the petition challenging the Governors classification of the facility as a solid waste rail transfer facility and may offer evidence to

36、support its contention. The petitioner will have an opportunity to file a rebuttal. (b) Filing and service of replies. (1) Any reply shall be filed with the Board (the Secretary, Surface Trans-portation Board, 395 E Street, SW., Washington, DC 20423) within 20 days of the filing with the Board of a

37、petition to require a solid waste rail transfer fa-cility in existence on October 16, 2008, to apply for a land-use-exemption per-mit. (2) A copy of the reply shall be served on petitioner or its representative at the time of filing with the Board. Each filing shall contain a certificate of service.

38、 (3) Any rebuttal to a reply shall be filed and served by petitioner no later than 30 days after the filing of the peti-tion. 1155.13 Board determination with re-spect to a Governors petition. (a) The following schedule shall gov-ern the process for Board consideration of and decisions regarding a p

39、etition to require a solid waste rail transfer facil-ity in existence on October 16, 2008, to apply for a land-use-exemption permit, from the time the petition is filed until the time of the Boards decision on the merits: Day 0Petition filed. Day 20Due date for reply. Day 30Due date for response to

40、reply. (b) The Board shall accept the Gov-ernors complete petition on a finding that the facility qualifies as a solid waste rail transfer facility pursuant to the definition in 49 U.S.C. 10908(e)(1)(H) and 49 CFR 1155.2 both on the filing date of the petition and on October 16, 2008. In the decisio

41、n accepting the Gov-ernors petition, the Board shall re-quire that the rail carrier that owns or operates the facility file a land-use-ex-emption-permit application within 120 days of the service date of the decision. Subpart CProcedures Governing Applications for a Land-Use- Exemption Permit 1155.2

42、0 Notice of intent to apply for a land-use-exemption permit. (a) Filing and publication requirements. An applicant (i.e., a solid waste rail VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot

43、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-257 Surface Transportation Board, DOT 1155.21 transfer facility, or the rail carrier that owns or operates the facility) shall give Notice of Intent to file a land-use-exemption permit application by complying with the f

44、ollowing proce-dures: (1) Filing. Applicant must serve its Notice of Intent on the Board in the format prescribed in 49 CFR 1155.21. The Notice of Intent shall be filed in accordance with the time requirements of paragraph (b) of this section. (2) Service. Applicant must serve, by first-class mail (

45、unless otherwise speci-fied), its Notice of Intent upon: (i) The Governor of the state where the facility is located; (ii) The state agency/ies and/or mu-nicipal agency/ies that would have per-mitting or review authority over the solid waste rail transfer facility absent 49 U.S.C. 10908 and 10909, t

46、hese regula-tions, and federal preemption under 49 U.S.C. 10501(b); and (iii) The appropriate managing gov-ernment agencies responsible for the groups of land listed in 49 U.S.C. 10909(c)(2). (3) Newspaper publication. Applicant must publish its Notice of Intent at least once during each of 3 consec

47、utive weeks in a newspaper of general cir-culation in each county in which any part of the proposed or existing facility is located. (b) Time limits. (1) The Notice of In-tent must be served on the parties dis-cussed above at least 15 days, but not more than 30 days, prior to the filing of the land-

48、use-exemption permit applica-tion; (2) The three required newspaper No-tices must be published within the 30- day period prior to the filing of the ap-plication; and (3) The Notice of Intent must be filed with the Board either concurrently with service on the required parties or when the Notice is f

49、irst published (whichever occurs first). (c) Environmental and Historic Reports. Applicant for a solid waste rail transfer facility, other than those in existence on October 16, 2008, must also submit an Environmental Report containing the information described at 49 CFR 1105.7 at least 20 days prior to filing an application. Applicants shall concur-rently file an historic report con-taining the information at 49 CFR 1105.8 if th