S.Amdt. 1731

1. Inserts new text at the end of section 835

   Inserts

   In S. 1390 · Placed on Calendar Senate

   (2) standards with respect to electrical systems, water treatment, and telecommunications networks.

   Inserted: (d) Prohibition on Disposing of Waste in Open-Air Burn Pits.--

   Inserted: (1) In general.--Except as provided in paragraph (2) and beginning 180 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the disposal of covered waste in an open-air burn pit during a contingency operation--

   Inserted: (A) lasting longer than one year; and

   Inserted: (B) relating to Operation Iraqi Freedom or Operation Enduring Freedom.

   Inserted: (2) Exemption.--The Secretary of Defense may waive the prohibition required by paragraph (1) with respect to a location during a contingency operation described in paragraph (1) if--

   Inserted: (A) the Secretary determines under paragraph (3)(B)(ii) that no alternative method of disposal of covered waste is feasible at such location during such operation;

   Inserted: (B) not later than 15 days after issuing such waiver, the Secretary submits to the congressional defense committees a notification of such waiver, including--

   Inserted: (i) a description of all safety measures that will be carried out at the location during the operation to protect the health of members of the Armed Forces;

   Inserted: (ii) a description of any additional resources the Secretary requires to eliminate the use of open-air burn pits at such location during such operation; and

   Inserted: (iii) a detailed discussion explaining why open-air burn pits are the only feasible method of disposing of waste at such location during such operation; and

   Inserted: (C) such waiver is certified by the Comptroller General of the United States.

   Inserted: (3) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the use of open-air burn pits in contingency operations. The report shall include--

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   Inserted: (A) a description of each type of waste burned in such open-air burn pits; and

   Inserted: (B) a discussion of the feasibility of alternative methods of disposing of covered waste, including--

   Inserted: (i) a plan to use such alternative methods; or

   Inserted: (ii) if the Secretary determines that no such alternative method is feasible, a detailed discussion explaining why open-air burn pits are the only feasible method of disposing of such waste.

   Inserted: (4) Definitions.--In this subsection:

   Inserted: (A) Contingency operation.--The term "contingency operation" has the meaning given that term by section 101(a) of title 10, United States Code.

   Inserted: (B) Covered waste.--The term "covered waste" includes the following:

   Inserted: (i) Hazardous waste, as defined by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)).

   Inserted: (ii) Medical waste.

   Inserted: (iii) Solid waste containing plastic.

   Inserted: (iv) Automotive and marine batteries.

   Inserted: (v) Pesticides.

   Inserted: (vi) Explosives.

   Inserted: (vii) Automotive oils.

   Inserted: (viii) Fuels and fluids.

   Inserted: (ix) Compressed gas containers.

   Inserted: (x) Materials containing asbestos.

   Inserted: (xi) Electrical equipment.

   Inserted: (xii) Solvents.

   Inserted: (xiii) Paint thinners and strippers.

   Inserted: (xiv) Rubber.

   Inserted: (xv) Preserved (treated) wood.

   Inserted: (xvi) Unexploded ordnance.

   Inserted: (C) Medical waste.--The term "medical waste" means any solid waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biologicals.

   Original wording

   At the end of section 835, add the following:

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As printed