The Hazardous Materials Transportation Act, enacted in 1975 as part of a law dealing with transportation safety, strengthened the 1970 Hazardous Materials Transportation Control Act. The impetus for this act was increased illegal, or midnight, dumping; increasing spills; and poor enforcement. Illegal dumping increased in the 1970s as many landfills began to refuse to take hazardous waste, thus dramatically increasing the costs of disposal. The illegal dumping took place in vacant lots, along highways, or actually on the highways. In the congressional debate on the act, the U.S. Department of Transportation (DOT), which administers the law, estimated that 75% of all hazardous waste shipments violated the existing regulations. This poor enforcement was due to a lack of inspection personnel, fragmented jurisdiction and lack of coordination among the Coast Guard, the Federal Aviation Administration, the Federal Highway Administration, and the Federal Railroad Administration.

The law...