The
Solid
1 Waste
Title II of Public Law89-272 -89th Congress,S.306-October 20,1965
I Disposa
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AGENCY
U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Public Health Service
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Public Law 89-272
89th Congress, S. 306
October 20, 1965
...to authorize a research and development program with respect to
solid-waste disposal, and for other purposes.
Be it enacted by the Senate and House of RejH'twiitatirrx of the
rnited States of America in Congrei,* »>eiiibtfd.
TITLE II—SOLID WASTE DISPOSAL
SHORT TITLE
SEC. 201. This title (hereinafter referred to as "this Act") may be
cited as the "Solid Waste Disposal Act".
FINDINGS AND PURPOSES
SEC. 202. (a) The Congress finds—
(1) that the continuing technological progress and improve-
ment in methods of manufacture, packaging, and marketing of
consumer products has resulted in an ever-mounting increase, and
in a change in the characteristics, of the mass of material dis-
carded by the purchaser of such products;
S2) that the- economic and population growth of our Nation,
the improvements in the standard of living enjoyed by our
population, have required increased industrial production to meet
pur needs, and have made necessary the demolition of old build-
ings, the construction of new buildings, and the provision of high-
ways and other avenues of transportation, which, together with
related industrial, commercial, and agricultural operations, have
resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in ex-
panding metropolitan and other urban areas has presented these
communities with serious financial, management, intergovern-
mental, and technical problems in the disposal of solid wastes re-
sulting from the industrial, commercial, domestic, and other ac-
tivities carried on in such areas;
(4) that inefficient and improper methods of disposal of solid
wastes result in scenic blights, create serious hazards to the public
health, including pollution of air and water resources, accident
hazards, and increase in rodent and insect vectors of disease, have
an adverse effect on land values, create public nuisances, other-
wise interfere with community life and development;
(5) that the failure or inability to salvage and reuse such
materials economically results in the unnecessary waste and de-
pletion of our natural resources; and
(6) that while the collection and disposal of solid wastes should
continue to be primarily the function of State, regional, and local
agencies, the problems of waste disposal as set forth above have
become a matter national in scope and in concern and necessitate
Federal action through financial and technical assistance and
leadership in the development, demonstration, and application of
new and improved methods and processes to reduce the amount of
waste and unsalvageable materials and to provide for proper and
economical solid-waste disposal practices.
NOTE
Public Law 89-272 includes two separate Acts, "Title I — Amend-
ments to Clean Air Act," and "Title II — Solid Waste Disposal."
Title I has been omitted here because it does not relate directly to
the program of the Office of Solid Wastes.
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(b) The purposes of this Act therefore are—
(1) to initiate and accelerate a national research and develop-
ment program for new and improved methods of proper and
economic solid-waste disposal, including studies directed toward
the conservation of natural resources by reducing the amount of
waste and unsalvageable materials and by recovery and utilization
of potential resources in solid wastes; and
(2) to provide technical and financial assistance to State and
local governments and interstate agencies in the planning, devel-
opment, and conduct of solid-waste disposal programs.
DEFINITIONS
SEC. 203. When used in this Act—
(1) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare; except that such term means the Secretary of the
Interior with respect to problems of solid waste resulting from the
extraction, processing, or utilization of minerals or fossil fuels where
the generation, production, or reuee of such waste is or may be con-
trolled within the extraction, processing, or utilization facility or
facilities and where such control is a feature of the technology or
economy of the operation of such facility or facilities.
(2) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.
(3) The term "interstate agency" means an agency of two or more
municipalities in different States, or an agency established by two or
more States, with authority to provide for the disposal of solid wastes
and serving two or more municipalities located in different States.
(4) The term "solid waste" means garbage, refuse, and other dis-
carded solid materials, including solid-waste materials resulting from
industrial, commercial, and agricultural operations, and from commu-
nity activities, but does not include solids or dissolved material in
domestic sewage or other significant pollutants in water resources,
such as silt, dissolved or suspended solids in industrial waste water
effluents, dissolved materials in irrigation return flows or other common
water pollutants.
(5) The term "solid-waste disposal" means the collection, storage,
treatment, utilization, processing, or final disposal of solid waste.
(6) The term "construction", with respect to any project of con-
struction under this Act, means (A) the erection or building of new
structures and acquisition of lands or interests therein, or the acqui-
sition, replacement, expansion, remodeling, alteration, modernization,
or extension of existing structures, and (B) the acquisition and instal-
lation of initial equipment of, or required in connection with, new or
newly acquired structures or the expanded, remodeled, altered, mod-
ernized or extended part of existing structures (including trucks and
other motor vehicles, and tractors, cranes, and other machinery)
necessary for the proper utilization and operation of the facility after
completion of the project; and includes preliminary planning to deter-
mine the economic and engineering feasibility and the public health
and safety aspects of the project, the engineering, architectural, legal,
fiscal, and economic investigations and studies, and any surveys,
designs, plans, working drawings, specifications, and other action
necessary for the carrying out of the project, and (C) the inspection
and supervision of the process of carrying out the project to completion.
RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES
SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate
with, and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies,
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and institutions, private agencies and institutions, and individuals
in the conduct of, and promote the coordination of, research, investi-
gations, experiments, training, demonstrations, surveys, and studies
relating to the operation and financing of solid-waste disposal pro-
grams, the development and application of new and improved methods
of solid-waste disposal (including devices and facilities therefor),
and the reduction of the amount of such waste and unsalvageable
waste materials.
(b) In carrying out the provisions of the preceding subsection,
t he Secretary is authorized to—
(1) collect and make available, through publications and other
appropriate means, the results of, and other information per-
taining to, such research and other activities, including appro-
prop riate recommendations in connection therewith;
(2) cooperate with public and private agencies, institutions,
and organizations, and with any industries involved, in the prep-
aration and the conduct of such research and other activities;
and
(3) make grants-in-aid to public or private agencies and
institutions and to individuals for research, training projects,
surveys, and demonstrations (including construction of facili-
ties), and provide for the conduct of research, training, surveys,
and demonstrations by contract with public or private agencies
and institutions and with individuals; and such contracts for
research or demonstrations or both (including contracts for con-
struction) may be made in accordance with and subject to the
limitations provided with respect to research contracts of the
military departments in title 10, United States Code, section
2353, except that the determination, approval, and certification
required thereby shall be made by the Secretary.
(c) Any grant, agreement, or contract made or entered into under
t his section shall contain provisions effective to insure that all informa-
tion, uses, processes, patents and other developments resulting from
iiny activity undertaken pursuant to such grant, agreement, or con-
tract will be made readily available on fair and equitable terms to
industries utilizing methods of solid-waste disposal and industries
engaging in furnishing devices, facilities, equipment, and supplies to be
used in connection with solid-waste disposal. In carrying out the pro-
visions of this section, the Secretary and each department, agency, and
officer of the Federal Government having functions or duties under
this Act shall make use of and adhere to the Statement of Government
Patent Policy which was promulgated by the President in his memo-
randum of October 10, 1963. (3 CFE, 1963 Supp., p. 238.)
(d) Notwithstanding any other provision of this Act, the United
States shall not make any grant to pay more than two-thirds of the
c-ost of construction of any facility under this Act.
INTERSTATE AN1> INTERLOCAL COOPERATION
SEC\ '20o. The Secretary shall encourage cooperative activities by
I he States and local governments in connection with solid-waste dis-
posal programs; encourage, where practicable, interstate, interlocal,
and regional planning for, and the conduct of, interstate, interlocal,
and regional solid-waste disposal programs; and encourage the enact-
ment of improved and, so far as practicable, uniform State and local
laws governing solid-waste disposal.
GRANTS FOR STATE AND INTERSTATE i'LANNINCJ
SEC. 206. (a) The Secretary may from time to time, upon such terms
iind conditions consistent with this section as he finds appropriate to
carry put the purposes of this Act, make grants to State and interstate
agencies of not to exceed 50 per centum of the cost of making surveys
of solid-waste disposal practices and problems within the jurisdictional
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areas of such States or agencies, and of developing solid-waste dis-
posal plans for such areas.
(b) In order to be eligible for a grant under this section the State,
or the interstate agency, must submit an application therefor which—
(1) designates or establishes a single State agency (which
may be an interdepartmental agency) or, in the case of an inter-
state agency, such interstate agency, as the sole agency for carry-
ing out the purposes of this section;
(2) indicates the manner in which provision will be made to
assure full consideration of all aspects of planning essential to
statewide planning (or in the case of an interstate agency
jurisdiction wide planning) for proper and effective solid-waste
disposal consistent with the protection of the public health,
including such factors as population growth, urban and metro-
politan development, land use planning, water pollution control,
air pollution control, and the feasibility of regional disposal
programs;
(3) sets forth its plans for expenditure of such grant, which
plans provide reasonable assurance of carrying out the purposes
of this section;
(4) provides for submission of a final report of the activities
of the State or interstate agency in carrying out the purposes
of this section, and for the submission of such other reports, in
such form and containing such information, as the Secretary may
from time to time find necessary for carrying out the purposes
of this section and for keeping such records and affording such
access thereto as he may find necessary to assure the correctness
and verification of such reports; and
(5) provides for such fiscal-control and fund-accounting pro-
cedures as may be necessary to assure proper disbursement of
and accounting for funds paid to the State or interstate agency
under this section.
(c) The Secretary shall make a grant under this section only if
he finds that there is satisfactory assurance that the planning of
solid-waste disposal will be coordinated, so far as practicable, with
other related State, interstate, regional, and local planning activities,
including those financed in part with funds pursuant to section 701
of tlie Housing Act of 1954.
LABOR STANDARDS
SEC. 207. No grant for a project of construction under this Act
shall be made unless the Secretary finds that the application contains
or is supported by reasonable assurance that all laborers and me-
chanics employed by contractors or subcontractors on projects of the
type covered by the Davis-Bacon Act, as amended (40 U.S.C. 276a—
276a-5), will be paid wages at rates not less than those prevailing on
similar work in the locality as determined by the Secretary of Labor
in accordance with that Act; and the Secretary of Labor shall have
with respect to the labor standards specified in this section the au-
thority and functions set forth in Reorganization Plan Numbered
14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the
Act of June 13,1934, as amended (40 U.S.C. 276c).
OTHER AUTHORITY NOT AFFECTED
SEC. 208. This Act shall not be construed as superseding or limit-
ing the authorities and responsibilities, under any other provisions
of law, of the Secretary of Health, Education, and Welfare, the
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Secretary of the Interior, or any other Federal officer, department,
or agency.
PAYMENTS
SEC. 209. Payments of grants under this Act may be made (after
necessary adjustment on account of previously made underpayments or
overpayments) in advance or by way of reimbursement, and in such
installments and on such conditions as the Secretary may determine.
APPROPRIATIONS
SEC. 210. (a) There is hereby authorized to be appropriated to the
Secretary of Health, Education, and Welfare, to carry out this Act,
not to exceed $7,000,000 for the fiscal year ending June 30,1966, not to
exceed $14,000,000 for the fiscal year ending June 30,1967, not to exceed
$19,200,000 for the fiscal year ending June 30,1968, and not to exceed
$20,000,000 for the fiscal year ending June 30,1969.
(b) There is hereby authorized to be appropriated to the Secretary
of the Interior, to carry out this Act, not to exceed $3,000,000 for the
fiscal year ending June 30,1966, not to exceed $6,000,000 for the fiscal
year ending June 30,1967, not to exceed $10,800,000 for the fiscal year
ending June 30,1968, and not to exceed $12,500,000 for the fiscal year
ending June 30,1969.
Approved October 20, 1965, 9:10 a.m.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 899 (Comm. on Interstate & Foreign Commerce).
SENATE REPORT No. 192 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. Ill (1965):
May 18: Considered and passed Senate.
Sept. 23: Considered in House.
Sept. 24: Considered and passed House, amended.
Oct. 1: Senate concurred in House amendments.
ENVIRONMENTAL PROTECTION
^ary, Region V
Jrth 'V.cker Drive
Illinois 60606
ft U S GOVERNMENT PRINTING OFFICE 1970—1(36-616/82
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