PERMITS FOR WASTE TRANSPORT SEC. 106. (a) Not later than six months from the enactment of this Act, the Administrator shall promulgate and issue regulations requiring each vessel operator to have a permit pursuant to this section. Not later than eighteen months from enactment of this Act, the transport of any municipal or commercial waste for any purpose will be prohibited within the waters under the jurisdiction of the United States without such a permit. (b) Each application for a permit under this section shall contain the vessel identification number of the applicant and such information as may be required under regulations promulgated by the Administrator. (c) The permit shall expire five years following its issuance or at such time as the owner or the operator of the vessel changes, whichever comes first. The permit must be reissued at least every five years and at any time the vessel changes ownership or operators. No new owner or operator may own or operate the vessel using the permit filed by the previous owner or operator. (d) The Administrator is authorized to collect an appropriate application fee for the issuance and reissuance of permits under this section. (e) The Administrator shall issue a permit under this section only if the applicant demonstrates that the vessel and its proposed methods of operations do not pose a substantial risk of deposition of commercial or municipal waste into waters under the jurisdiction of the United States in light of the waste to be transported and the waste source and disposal facilities to be served. (f) The Administrator shall not issue a permit for any vessel if an owner or operator of that vessel or any partner, associate, officer, parent corporation, subsidiary corporations, contractor, subcontractor, or agent of an owner or operator of that vessel has engaged in any violation of this Act or of any other statute of the United States or a state designed to protect the environment or the public health unless that violation has been corrected. (g) The Administrator may deny, suspend, modify, or revoke any permit issued under this section if the Administrator finds that an owner or operator of a vessel which is the subject of the permit or any partner, associate, officer, parent corporation, subsidiary corporation, contractor, subcontractor, or agent of an owner or operator of that vessel has, through violations of this Act or any other statute of the United States or a state designed to protect the environment or the public health, has demonstrated a lack of ability or intention to comply with this Act. In the case of a corporate owner or operator, the Administrator may consider violations of corporations one of whose principals is a principal of the corporate owner or operator to be a violation of the owner or operator for purposes of this paragraph. SEC. 201. (a) [A manifest must be completed for all subtitle D municipal or commercial wastes transported by vessel.] Each vessel owner or operator wishing to transport a cargo consisting of or including municipal or commercial waste must complete a manifest for each such cargo to be transported on that owner ́s or operator's vessel. (b) This manifest shall include: (5) volume of the waste ultimately deposited at the disposal facility; (6) a description of the vessel ́s expected course between the waste source and the waste disposal facility; (7) the expected date of delivery of the waste at the waste disposal facility; [(6)] (8) signature lines for the operator of the vessel, the operators of the waste source and waste disposal facilities; [(7)] (9) vessel identification number; description of waste containment [(8)](10) measures; and [(9)](11) such other information as the Administrator shall deem necessary. (၁) The [owner/] operator of the vessel is required [to] (1) to complete, to sign and to date the manifest form on the date loading of the waste is completed; (2) to provide one copy of the manifest to the waste source operator, to provide one copy of the manifest as completed at the time of loading to the Environmental Protection Agency regional office for the region of the waste source facility, and to carry four [two] copies with the waste during transport [and provide one of those remaining copies to the operator of the waste receiving facility); (3) to certify on the manifest the delivery of the wastes to the waste disposal facility[,] and the accuracy of all information on the form; [and] (4) to obtain the certification of the waste disposal facility operator called for by paragraph (d)(1) of this section; (5) to provide one copy of the completed manifest to (i) the Environmental Protection Agency regional office for the region of the waste source facility, (ii) the waste disposal facility operator, and (iii) the waste source facility operator; and [(4)] (6) to retain [return] one completed copy of the manifest form [to the Environmental Protection Agency regional office] for a period of three years; (d) The owner/] operator of the disposal facility is required [to]: (1) to certify that the information on the manifest regarding the type and amount of waste received at the waste disposal facility is accurate; and (2) to retain a [return the second] copy of the manifest [for all wastes received at the disposal site on a weekly basis to the Environmental Protection Agency regional office] for a period of three years. (e) The owner/] operator of the waste source facility is required [to]: (1) to certify that the information on the manifest regarding the type and amount of waste removed from the waste source is accurate; (2) to return the completed [third] copies [copy] of the manifests for all shipped wastes [on a weekly basis] to the Environmental Protection Agency regional office for the region of the waste source facility on a weekly basis(.); (3) to report to the Environmental Protection Agency regional office for the region of the waste source facility any discrepancy on the manifest between the amount of waste removed from the waste source facility and loaded onto the vessel and the amount unloaded from the vessel at the waste |