12 2 STA T .4905PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 200 8Actof20 0 8un t il t heB o ard ha s a p pro v ed or denied a per m it pursuant to su b section ( c ).‘ ‘(f) EF F ECTO F LAND-US EE X E MP T I ON. —I f the Board g rants a land-use e x emption to a solid w aste rail transfer facilit y, all S tate laws, regulations, orders, or other re q uirements affecting the siting of a facility are preempted with regard to that facility. An exemption may require compliance with such State laws, regula- tions, orders, or other requirements. ‘‘(g) IN JU NCTI V E R E L IEF.— N othing in this section precludes a person from see k ing an in j unction to enjoin a solid waste rail transfer facility from being constructed or operated by or on behalf 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) F EES.— T he Board may charge permit applicants reasonable fees to implement this section, including the costs of third-party consultants. ‘‘(i) D EFINITIONS.—In this section the terms ‘solid waste ’ , ‘solid waste rail transfer facility’, and ‘State requirements’ have the meaning given such terms in section 1 0 9 08(e).’’. (b) C ONFO R MIN G AMENDMENT.—The chapter analysis for chapter 109, as amended by section 6 0 3 of this division, is amended by inserting after the item relating to section 10908 the following
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‘ 109 09 .Solidwaster ail tra n s f er fa c ilit y land -u see x e mp tion. ’ ’. SEC.605 .E F FEC TON OT H E R ST A T U TES AN D AUTHOR I TIES. (a) IN G ENERAL.—Chapter 109, as amended by section 60 4 , is further amended by adding at the end thereof the following: ‘ ‘ §109 10 .Ef f ecton ot h e rs t a t u tes an d author i ties ‘‘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.’’. (b) CONFORMING AMENDMENT.—The chapter analysis for chapter 109, as amended by section 604 of this division, is amended by inserting after the item relating to section 10909 the following: ‘‘10910. E ffect on ot h er statutes and authorities.’’. TI T LEV II — TE CHN IC A LC OR RECTION S SEC. 7 0 1 . TECHNICA L CORRECTIONS. (a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section 22106 is amended— (1) by striking the second sentence of subsection (a)
(2) by striking subsection (b) and inserting the following: ‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT INTEREST RECOVERIES.—The State shall place the United States Government’s share of money that is repaid and any contingent interest that is recovered in an interest-bearing account. The repaid money, contingent interest, and any interest thereof shall be considered to be State funds. The State shall use such funds to make other grants and loans, consistent with the purposes for which financial 49USC2 2 106.
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