42 U.S.C. § 6929 — Retention of State authority
submitted 50 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 177 words · no verdicts yet
States and local governments may not impose weaker requirements on the same matters once Federal regulations under this subchapter take effect. They may impose stronger requirements and may require copies of manifests for certain hazardous waste.
After regulations under this subchapter take effect, no State* or political subdivision may impose requirements about the same matter that are less strict than the requirements authorized by this subchapter. But if a court postpones or blocks application of a regulation about a matter under this subchapter, a State or political subdivision may act on that same aspect until the regulation takes effect. Nothing in this chapter prevents a State or political subdivision from imposing stronger requirements, including site-selection requirements. Nothing in this chapter or its regulations prevents a State from requiring a copy of each manifest* for hazardous waste* generated in that State or transported to a treatment*, storage, or disposal* facility in that State. The section does not define “political subdivision,” “same matter,” or “more stringent.”
Upon the effective date of regulations under this subchapter no State* or political subdivision may impose any requirements less stringent than those authorized under this subchapter respecting the same matter as governed by such regulations, except that if application of a regulation with respect to any matter under this subchapter is postponed or enjoined by the action of any court, no State or political subdivision shall be prohibited from acting with respect to the same aspect of such matter until such time as such regulation takes effect. Nothing in this chapter shall be construed to prohibit any State or political subdivision thereof from imposing any requirements, including those for site selection, which are more stringent than those imposed by such regulations. Nothing in this chapter (or in any regulation adopted under this chapter) shall be construed to prohibit any State from requiring that the State be provided with a copy of each manifest* used in connection with hazardous waste* which is generated within that State or transported to a treatment*, storage, or disposal* facility within that State.
Source credit: (Pub. L. 89–272, title II, § 3009, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, § 14, Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98–616, title II, § 213(b), Nov. 8, 1984, 98 Stat. 3242.)
- 1976Enacted · Pub. L. 89-272 · 90 Stat. 2812
- 1980Amended · Pub. L. 96-482 · 94 Stat. 2342
- 1984Amended · Pub. L. 98-616 · 98 Stat. 3242
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1976-10-21.
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