SW-1.5
THE RESOURCE CONSERVATION
AND RECOVERY ACT
Public Law 94-580
94th Congress
October 21, 1976
As Amended
by the QUIET COMMUNITIES ACT
OP 1978
Printed by the U.S. Environmental Protection Agency
1978
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2795
Public Law 94-580
94th Congress
An Act
To provide technical and financial assistance for the development of management Oct. 21, 1976
plans and facilities for the recovery of energy and other resources from dis- [S. 2150]
carded materials and for the safe disposal of discarded materials, and to regu-
late the management of hazardous waste.
Be it enacted by the Senate and- House of Representatives of the
United States of America in Congress assembled, Resource
Conservation and
SHORT TITLE Recovery Act of
SECTION 1. This Act may be cited as the "Resource Conservation and 42 USC 6901
Recovery Act of 1976". note.
AMENDMENT OF SOLID WASTE DISPOSAL ACT
SEC. 2. The Solid Waste Disposal Act (42 U.S.C. 3251 and follow-
ing) is amended to read as follows:
"TITLE II—SOLID WASTE DISPOSAL
"Subtitle A—General Provisions
"SEC. 1001. This title (hereinafter in this title referred to as 'this 42 USC 6901
Act'), together with the following table of contents, may be cited as the note-
'Solid Waste Disposal Act':
"Subtitle A—General Provisions
"Sec. 1001. Short title and table of contents.
"Sec. 1002. Congressional findings.
"Sec. 1003. Objectives.
"Sec. 1004. Definitions.
"Sec. 1005. Governmental cooperation.
"Sec. 1006. Application of Act and integration with other Acts.
"Sec. 1007. Financial disclosure.
"Sec. 1008. Solid waste management information and guidelines.
"Subtitle B—OflBce of Solid Waste; Authorities of the Administrator
"Sec. 2001. Office of Solid Waste.
"Sec. 2002. Authorities of Administrator. r-™
"Sec. 2003. Resource recovery and conservation panels.
"Sec. 2004. Grants for discarded tire disposal. """•*
"Sec. 2005. Annual report.
"Sec. 2006. General authorization. ~J~
"Subtitle C—Hazardous Waste Management V7
"Sec. 3001. Identification and listing of hazardous waste.
"Sec. 3002. Standards applicable to generators of hazardous waste.
"Sec. 3003. Standards applicable to transporters of hazardous waste.
"Sec. 3004. Standards applicable to owners and operators of hazardous waste
treatment, storage, and disposal facilities.
"Sec. 3005. Permits for treatment, storage, or disposal of hazardous waste.
"Sec. 3006. Authorized State hazardous waste programs.
"Sec. 3007. Inspections.
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90 STAT. 2796 PUBLIC LAW 94-580—OCT. 21, 1976
"Subtitle C—Hazardous Waste Management—Continued
"Sec. 3008. Federal enforcement.
"Sec. 3009. Retention of State authority.
"Sec. 3010. Effective date.
"Sec. 3011. Authorization of assistance to States.
"Subtitle D—State or Regional Solid Waste Plans
"Sec. 4001. Objectives of subtitle.
"Sec. 4002. Federal guidelines for plans.
"Sec. 4003. Minimum requirements for approval of plans.
"Sec. 4004. Criteria for sanitary landfills; sanitary landfills required for all
disposal.
"Sec. 4005. Upgrading of open dumps.
"Sec. 4006. Procedure for development and implementation of State plan.
"Sec. 4007. Approval of State plan; Federal assistance.
"Sec. 4008. Federal assistance.
"Sec. 4009. Rural communities assistance.
"Subtitle E—Duties of the Secretary of Commerce in Resource and Recovery
"Sec. 5001. Functions.
"Sec. 5002. Development of specifications for secondary materials.
"Sec. 5003. Development of markets for recovered materials.
"Sec. 5004. Technology promotion.
"Subtitle F—Federal Responsibilities
"Sec. 6001. Application of Federal, State, and local law to Federal facilities.
"Sec. 6002. Federal procurement.
"Sec. 6003. Cooperation with Environmental Protection Agency.
"Sec. 6004. Applicability of solid waste disposal guidelines to executive agencies.
"Subtitle G—Miscellaneous Provisions
"Sec. 7001. Employee protection.
"Sec. 7002. Citizen suits.
"Sec. 7003. Imminent hazard.
"Sec. 7004. Petition for regulations; public participation.
"Sec. 7005. Separability.
"Sec. 7006. Judicial review.
"Sec. 7007. Grants or contracts for training projects.
"Sec. 7008. Payments.
"Sec. 7009. Labor standards.
"Subtitle H—Research, Development, Demonstration, and Information
"Sec. 8001. Research, demonstrations, training, and other activities.
"Sec. 8002. Special studies; plans for research, development, and demonstrations.
"Sec. 8003. Coordination, collection, and dissemination of information.
"Sec. 8004. Full-scale demonstration facilities.
"Sec. 8T05. Special study and demonstration projects on recovery of useful
energy and materials.
"Sec. 8006. Grants for resource recovery systems and improved solid waste dis-
posal facilities.
"Sec. 8007. Authorization of appropriations.
"CONGRESSIONAL FINDINGS
42 USC 6901. «SEC. 1002. (a) SOLID WASTE.—The Congress finds with respect to
solid waste—
"(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 material discarded
by the purchaser of such products;
"(2) that the economic and population growth of our Nation,
and the improvements in the standard of living enjoyed by our
population, have required increased industrial production to meet
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2797
our 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
expanding metropolitan and other urban areas has presented these
communities with serious financial, management, intergovern-
mental, and technical problems in the disposal of solid wastes
resulting from the industrial, commercial, domestic, and other
activities carried on in such areas;
"(4) 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 assist-
ance and leadership in the development, demonstration, and appli-
cation 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.
" (b) ENVIRONMENT AND HEALTH.—The Congress finds with respesct
to the environment and health, that—
"(1) although land is too valuable a national resource to be
needlessly polluted by discarded materials, most solid waste is dis-
posed of on land in open dumps and sanitary landfills;
"(2) disposal of solid waste and hazardous waste in or on the
land without careful planning and management can present a
danger to human health and the environment;
" (3) as a result of the Clean Air Act, the Water Pollution Con- 42 USC 1857
trol Act, and other Federal and State laws respecting public note-
health and the environment, greater amounts of solid waste (in 33
the form of sludge and other pollution treatment residues) have note'
been created. Similarly, inadequate and environmentally unsound
practices for the disposal or use of solid waste have created greater
amounts of air and water pollution and other problems for the
environment and for health;
"(4) open dumping is particularly harmful to health, contami-
nates drinking water from underground and surface supplies, and
pollutes the air and the land;
" (5) hazardous waste presents, in addition to the problems asso-
ciated with non-hazardous solid waste, special dangers to health
and requires a greater degree of regulation than does non-hazard-
ous solid waste; and
"(6) alternatives to existing methods of land disposal must be
developed since many of the cities in the United States will be
running out of suitable solid waste disposal sites within five years
unless immediate action is taken;
''(c) MATERIALS.—The Congress finds with respect to materials,
that—
" (1) millions of tons of recoverable material which could be used
are needlessly buried each year;
"(2) methods are available to separate usable materials from
solid waste; and
"(3) the recovery and conservation of such materials can reduce
the dependence of the United States on foreign resources and
reduce the deficit in its balance of payments.
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90 STAT. 2798 PUBLIC LAW 94-580—OCT. 21, 1976
"(d) ENERGY.—The Congress finds with respect to energy, that—
" (1) solid waste represents a potential source of solid fuel, oil, or
gas that can be converted into energy;
"(2) the need exists to develop alternative energy sources for
public and private consumption in order to reduce our dependence
on such sources as petroleum products, natural gas, nuclear and
hydroelectric generation; and
"(3) technoloj
'(3) technology exists to produce usable energy from solid
waste.
"OBJECTIVES
42 USC 6902. "SEC. 1003. The objectives of this Act are to promote the protection
of health and the environment and to conserve valuable material and
energy resources by—
"(1) providing technical and financial assistance to State and
local governments and interstate agencies for the development of
solid waste management plans (including resource recovery and
resource conservation systems) which will promote improved solid
waste management techniques (including more effective organiza-
tional arrangements), new and improved methods of collection,
separation, and recovery of solid waste, and the environmentally
safe disposal of nonrecoverable residues;
"(2) providing training grants in occupations involving the
design, operation, and maintenance of solid waste disposal
systems;
"(3) prohibiting future open dumping on the land and requir-
ing the conversion of existing open dumps to facilities which do
not pose a danger to the environment or to health;
" (4) regulating the treatment, storage, transportation, and dis-
posal of hazardous wastes which have adverse effects on health
and the environment;
"(5) providing for the promulgation of guidelines for solid
waste collection, transport, separation, recovery, and disposal
practices and systems;
"(6) promoting a national research and development program
for improved solid waste management and resource conservation
techniques, more effective organizational arrangements, and new
and improved methods of collection, separation, and recovery,
and recycling of solid wastes and environmentally safe disposal
of nonrecoverable residues;
"(7) promoting the demonstration, construction, and applica-
tion of solid waste management, resource recovery, and resource
conservation systems which preserve and enhance the quality of
air, water, and land resources; and
" (8) establishing a cooperative effort among the Federal, State,
and local governments and private enterprise in order to recover
valuable materials and energy from solid waste.
"DEFINITIONS
42 USC 6903. "SEC. 1004. As used in this Act:
"(1) The term 'Administrator' means the Administrator of the
Environmental Protection Agency.
"(2) 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 acquisi-
tion, replacement, expansion, remodeling, alteration, modernization.
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2799
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,
modernized 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 nec-
essary for the carrying out of the project, and (C) the inspection and
supervision of the process of carrying out the project to completion.
"(2A) The term 'demonstration' means the initial exhibition of a
new technology process or practice or a significantly new combination
or use of technologies, processes or practices, subsequent to the develop-
ment stage, for the purpose of proving technological feasibility and
cost effectiveness.
"(3) The term 'disposal' means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazardous
waste into or on any land or water so that such solid waste or haz-
ardous waste or any constituent thereof may enter the environment or
be emitted into the air or discharged into any waters, including ground
waters.
"(4) The term 'Federal agency' means any department, agency, or
other instrumentality of the Federal Government, any independent
agency or establishment of the Federal Government including any
Government corporation, and the Government Printing Office.
" (5) The term 'hazardous waste' means a solid waste, or combination
of solid wastes, which because of its quantity, concentration, or phys-
ical, chemical, or infectious characteristics may—
"(A) cause, or significantly contribute to an increase in mor-
tality or an increase in serious irreversible, or incapacitating
reversible, illness; or
"(B) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, trans-
ported, or disposed of, or otherwise managed.
" (6) The term 'hazardous waste generation' means the act or process
of producing hazardous waste.
"(7) The term 'hazardous waste management' means the systematic
control of the collection, source separation, storage, transportation,
processing, treatment, recovery, and disposal of hazardous wastes.
"(8) For purposes of Federal financial assistance (other than rural
communities assistance), the term 'implementation' does not include
the acquisition, leasing, construction, or modification of facilities or
equipment or the acquisition, leasing, or improvement of land. Post, p. 2813.
"(9) The term 'intermunicipal agency' means an agency established
by two or more municipalities with responsibility for planning or
administration of solid waste.
" (10) 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 management of solid wastes
and serving two or more municipalities located in different States.
"(11) The term 'long-term contract' means, when used in relation to
solid waste supply, a contract of sufficient duration to apsure the
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90 STAT. 2800 PUBLIC LAW 94-580—OCT. 21, 1976
viability of a resource recovery facility (to the extent that such
viability depends upon solid waste supply).
"(12) The term 'manifest' means the form used for identifying the
quantity, composition, and the origin, routing, and destination of
hazardous waste during its transportation from the point of genera-
tion to the point of disposal, treatment, or storage.
"(13) The term 'municipality' (A) means a city, town, borough,
county, parish, district, or other public body created by or pursuant
to State law, with responsibility for the planning or administration
of solid waste management, or an Indian tribe or authorized tribal
organization or Alaska Native village or organization, and (B)
includes any rural community or unincorporated town or village or
any other public entity for which an application for assistance is made
by a State or political subdivision thereof.
"(14) The term 'open dump' means a site for the disposal of solid
waste which is not a sanitary landfill within the meaning of section
4004.
" (15) The term 'person' means an individual, trust, firm, joint stock
company, corporation (including a government corporation), partner-
ship, association, State, municipality, commission, political subdivi-
sion of a State, or any interstate body.
"(16) The term 'procurement item' means any device, good,
substance, material, product, or other item whether real or per-
sonal property which is the subject of any purchase, barter, or other
exchange made to procure such item.
"(17) The term 'procuring agency' means any Federal agency, or
any State agency or agency of a political subdivision of a State which
is using appropriated Federal funds for such procurement, or any per-
son contracting with any such agency with respect to work performed
under such contract.
"(18) The term 'recoverable' refers to the capability and likelihood
of being recovered from solid waste for a commercial or industrial use.
" (19) The term 'recovered material' means material which has been
collected or recovered from solid waste.
"(20) The term 'recovered resources' means material or energy
recovered from solid waste.
"(21) The term 'resource conservation' means reduction of the
amounts of solid waste that are generated, reduction of overall
resource consumption, and utilization of recovered resources.
"(22) The term 'resource recovery' means the recovery of material
or energy from solid waste.
" (23) The term 'resource recovery system' means a solid waste man-
agement system which provides for collection, separation, recycling,
and recovery of solid wastes, including disposal of nonrecoverable
waste residues.
"(24) The term 'resource recovery facility' means any facility at
which solid waste is processed for the purpose of extracting, convert-
ing to energy, or otherwise separating and preparing solid waste for
reuse.
" (25) The term 'regional authority' means the authority established
Post, p. 2816. or designated under section 4006.
"(26) The term 'sanitary landfill' means a facility for the disposal
of solid waste which meets the criteria published under section 4004.
"(26A) The term 'sludge' means any solid, semisolid or liquid waste
generated from a municipal, commercial, or industrial wastewater
treatment plant, water supply treatment plant, or air pollution control
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2801
facility or any other such waste having similar characteristics and
effects.
"(27) The term 'solid waste' means any garbage, refuse, sludge from
a waste treatment plant, water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liquid,
semisolid. or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community
activities, but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits under
section 402 of the Federal Water Pollution Control Act, as amended
(86 Stat. 880), or source, special nuclear, or byproduct material as 33 USC 1342.
defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). 42 USC 2011
"(28) The term 'solid waste management' means the systematic note-
administration of activities which provide for the collection, source
separation, storage, transportation, transfer, processing, treatment,
and disposal of solid waste.
"(29) The term 'solid waste management facility1 includes—
"(A) any resource recovery system or component thereof,
"(B) any system, program, or facility for resource con-
servation, and
"(C) any facility for the collection, source separation,
storage, transportation, transfer, processing, treatment or dis-
posal of solid wastes, including hazardous wastes, whether
such facility is associated with facilities generating such
wastes or otherwise.
"(30) The terms 'solid waste planning', 'solid waste management',
and 'comprehensive planning' include planning or management
respecting resource recovery and resource, conservation.
"(31) The term 'State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
"(32) The term 'State authority' means the agency established or
designated under section 4007. Post, p. 2817.
"(33) The term 'storage', when used in connection with hazardous
waste, means the containment of hazardous waste, either on a tempo-
rary basis or for a period of years, in such a manner as not to constitute
disposal of such hazardous waste.
"(34) The term 'treatment', when used in connection with hazardous
waste, means any method, technique, or process, including neutraliza-
tion, designed to change the physical, chemical, or biological character
or composition of any hazardous waste so as to neutralize such waste or
so as to render such waste nonhazardous, safer for transport, amenable
for recovery, amenable for storage, or reduced in volume. Such term
includes any activity or processing designed to change the physical
form or chemical composition of hazardous waste so as to render it
nonhazardous.
"(35) The term 'virgin material' means a raw material, including
previously unused copper, aluminum, lead, zinc, iron, or other metal or
metal ore, any undeveloped resource that is, or with new technology
will become, a source of raw materials.
"GOVERNMENTAL COOPERATION
"SEC. 1005. (a) INTERSTATE COOPERATION.—The provisions of this 42 USC 6904.
Act to be carried out by States may be carried out by interstate agencies
and provisions applicable to States may apply to interstate regions
where such agencies and regions have been established by the respective
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90 STAT. 2802 PUBLIC LAW 94-580—OCT. 21, 1976
States and approved by the Administrator. In any such case, action
required to be taken by the Governor of a State, respecting regional
designation shall be required to be taken by the Governor of each of
the respective States with respect to so much of the interstate region
as is within the jurisdiction of that State.
"(b) CONSENT or CONGRESS TO COMPACTS.—The consent of the Con-
gress is hereby given to two or more States to negotiate and enter into
agreements or compacts, not in conflict with any law or treaty of the
United States, for—
"(1) cooperative effort and mutual assistance for the manage-
ment of solid waste or hazardous waste (or both) and the enforce-
ment of their respective laws relating thereto, and
"(2) the establishment of such agencies, joint or otherwise,
as they may deem desirable for making effective such agreements
or compacts.
No such agreement or compact shall be binding or obligatory upon any
State a party thereto unless it is agreed upon by all parties to the
agreement and until it has been approved by the Administrator and
the Congress.
"APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS
42 USC 6905. "SEC. 1006. (a) APPLICATION OF ACT.—Nothing in this Act shall be
construed to apply to (or to authorize any State, interstate, or local
authority to regulate) any activity or substance which is subject to the
33 USC 1251 Federal Water Pollution Control Act (33 U.S.C. 1151 and following),
note- the Safe Drinking Water Act (42 U.S.C. 300f and following), tne
Marine Protection, Itesearch and Sanctuaries Act of 1972 (33 U.S.C.
1401 and following), or the Atomic Energy Act of 1954 (42 U.S.C.
2011 and following) except to the extent that such application (or
regulation) is not inconsistent with the requirements of such Acts.
"(b) INTEGRATION WITH OTHER ACTS.—The Administrator shall
integrate all provisions of this Act for purposes of administration and
enforcement and shall avoid duplication, to the maximum extent prac-
ticable, with the appropriate provisions of the Clean Air Act (42
U.S.C. 1857 and following), the Federal Water Pollution Control Act
33 USC 1251 (33 U.S.C'. 1151 and following), the Federal Insecticide, Fungicide,
note- and Kodt'nticide Act (7 U.S.C". 135 and following), the Safe Drinking
Water Act (42 U.S.C. 300f and following), the Marine Protection,
Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following)
and such other Acts of Congress as grant regulatory authority to the
Administrator. Such integration shall be effected only to the extent
that it can be done in a manner consistent with the goals and policies
expressed in this Act and in the other acts referred to in this subsection.
"FINANCIAL DISCLOSURE
42 USC 6906. "SEC. 1007. (a) STATEMENT.—Each officer or employee of the Admin-
istrator who—
''(1) performs any function or duty under this Act; and
"(2) has any known financial interest in any person who
applies for or receives financial assistance under this Act
shall, beginning on February 1, 1977, annually file with the Admin-
istrator a written statement concerning all such interests held by
such officer or employee during the preceding calendar year. Such
statement shall be available to the public.
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PUBLIC LA,W 94-580—OCT. 21, 1976
90 STAT. 2803
"(b) ACTION BY ADMINISTRATOR.—The Administrator shall—
"(1) act within ninety days after the date of enactment of this
Act—
"(A) to define the term 'known financial interest' for pur-
poses of subsection (a) of this section; and
"(B) to establish the methods by which the requirement
to file written statements specified in subsection (a) of this
section will be monitored and enforced, including appropriate
provision for the filing by such officers and employees of such
statements and the review by the Administrator of such
statements; and
"(2) report to the Congress on June 1, 1978, and of each sue- Report to
ceeding calendar year with respect to such disclosures and the Congress.
actions taken in regard thereto during the preceding calendar
year.
"(c) EXEMPTION.—In the rules prescribed under subsection (b) of
this section, the Administrator may identify specific positions within
the Environmental Protection Agency which are of a nonpolicy-
making nature and provide that officers or employees occupying such
positions shall be exempt from the requirements of this section.
"(d) PENALTY.—Any officer or employee who is subject to, and
knowingly violates, this section shall be fined not more than $-2,500
or imprisoned not more than one year, or both.
"SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES
"SEC. 1008. (a) GUIDELINES.—Within one year of enactment of this 42 USC 6907
section, and from time to time thereafter, the Administrator shall,
in cooperation with appropriate Federal, State, municipal, and inter-
municipal agencies, and in consultation with other interested persons,
and after public hearings, develop and publish suggested guidelines
for solid waste management. Such suggested guidelines shall—
"(1) provide a technical and economic description of the level
of performance that can be attained by various available solid
waste management practices (including operating practices)
which provide for the protection of public health and the
environment;
" (2) not later than two years after the enactment of this section,
describe levels of performance, including appropriate methods
and degrees of control, that provide at a minimum for (A) pro-
tection of public health and welfare; (B) protection of the qual-
ity of ground waters and surface waters from leachates; (C)
protection of the quality of surface waters from runoff through
compliance with effluent limitations under the Federal Water
Pollution Control Act, as amended; (D) protection of ambient
air quality through compliance with new source performance
standards or requirements of air quality implementation plans
under the Clean Air Act, as amended; (E) disease and vector 42 USC 1857
control; (F) safety; and (G) esthetics; and note-
"(3) provide minimum criteria to be used by the States to Minimum criteria
define those solid waste management practices which constitute of management
the open dumping of solid waste or hazardous waste and are to be practices.
prohibited under subtitle D of this Act.
Where appropriate, such suggested guidelines also shall include mini-
mum information for use in deciding the adequate location, design,
and construction of facilities associated with solid waste management
33 USC 1251
note.
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90 STAT. 2804
PUBLIC LAW 94-580—OCT. 21, 1976
Notification to
congressional
committees.
practices, including the consideration of regional, geographic, demo-
graphic, and climatic factors.
"(b) NOTICE.—The Administrator shall notify the Committee on
Public Works of the Senate and the Committee on Interstate and
Foreign Commerce of the House of Representatives a reasonable time
before publishing any suggested guidelines or proposed regulations
under this Act, of the content of such proposed suggested guidelines
or proposed regulations under this Act.
"Subtitle B—Office of Solid Waste; Authorities
of the Administrator
Establishment.
42 USC 6911
42 USC 6912.
Technical
assistance by
personnel teams.
42 USC 6913.
OFFICE OF SOLID WASTE
"SEC. -2001. The Administrator shall establish within the Environ-
mental Protection Agency an Office of Solid Waste (hereinafter
referred to as the 'Office') to be headed by a Deputy Assistant Admin-
istrator of the Environmental Protection Agency. The duties and
responsibilities (other than duties and responsibilities relating to
research and development) of the Administrator under this Act (as
modified by applicable reorganization plans) shall be carried out
through the Office.
"AUTHORITIES OF ADMINISTRATOR
"SEC. 2002. (a) AUTHORITIES.—In carrying out this Act, the Admin-
istrator is authorized to—
"(1) prescribe, in consultation with Federal, State, and
regional authorities, such regulations as are necessary to carry out
his functions under this Act;
"(2) consult with or exchange information with other Federal
agencies undertaking research, development, demonstration proj-
ects, studies, or investigations relating to solid waste;
"(3) provide technical and financial assistance to States or
regional agencies in the development and implementation of solid
waste plans and hazardous waste management programs;
"(4) consult with representatives of science, industry, agricul-
ture, labor, environmental protection and consumer organizations,
and other groups, as he deems advisable; and
"(5) utilize the information, facilities, personnel and other
resources of Federal agencies, including the National Bureau of
Standards and the National Bureau of the Census, on a reimburs-
able basis, to perform research and analyses and conduct studies
and investigations related to resource recovery and conservation
and to otherwise carry out the Administrator's functions under
this Act.
"(b) REVISION OF REGULATIONS.—Each regulation promulgated
under this Act shall be reviewed and, where necessary, revised not less
frequently than every three years.
"RESOURCE RECOVERY AND CONSERVATION PANELS
"SEC. 2003. The Administrator shall provide teams of personnel,
including Federal, State, and local employees or contractors (herein-
after referred to as 'Resource Conservation and Recovery Panels') to
provide Federal agencies, States and local governments upon request
with technical assistance on solid waste management, resource recovery,
and resource conservation. Such teams shall include technical, marketing,
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2805
financial, and institutional specialists, and the services of such teams
shall be provided without charge to States or local governments.
"GRANTS TOR DISCARDED TIRE DISPOSAL
"SEC. 2004. (a) GRANTS.—The Administrator shall make available Eligible
grants equal to 5 percent of the purchase price of tire shredders applicants.
(including portable shredders attached to tire collection trucks) to 42 usc 6914-
those eligible applicants best meeting criteria promulgated under this
section. An eligible applicant may be any private purchaser, public
body, or public-private joint venture. Criteria for receiving grants
shall be promulgated under this section and shall include the policy to
offer any private purchaser the first option to receive a grant, the policy
to develop widespread geographic distribution of tire shredding facil-
ities, the need for such facilities within a geographic area, and the
projected risk and viability of any such venture. In the case of an
application under this section from a public body, the Administrator
shall first make a determination that there are no private purchasers
interested in making an application before approving a grant to a
public body.
"(b) AUTHORIZATION.—There is authorized to be appropriated
$750,000 for each of the fiscal years 1978 and 1979 to carry out this
section.
"ANNUAL REPORT
"SEC. 2005. The Administrator shall transmit to the Congress and the 42 USC 6915.
President, not later than ninety days after the end of each fiscal year,
a comprehensive and detailed report on all activities of the Office
during the preceding fiscal year. Each such report shall include—
" (1) a statement of specific and detail objectives for the activi-
ties and programs conducted and assisted under this Act;
"(2) statements of the Administrator's conclusions as to the
effectiveness of such activities and programs in meeting the stated
objectives and the purposes of this Act. measured through the end
of such fiscal year;
"(8) a summary of outstanding solid waste problems con-
fronting the Administrator, in order of priority;
"(4) recommendations with respect to such legislation which
the Administrator deems necessary or desirable to assist in solving
problems respecting solid waste;
''(5) all other information required to be submitted to the Con-
gress pursuant to any other provision of this Act; and
"(6) the Administrator's plans for activities and programs
respecting sol id waste during the next fiscal year.
"GENERAL AUTHORIZATION
"SEC. 2006. (a) GENERAL ADMINISTRATION.—There are authorized 42 USC 6916.
to be appropriated to the Administrator for the purpose of carrying
out the provisions of this Act, $35,000,000 for the fiscal year ending
September 30,1977, $38,000,000 for the fiscal year ending September 30,
1978, and $42,000,000 for the fiscal year ending September 30, 1979.
"(b) RESOURCE RECOVERY AND CONSERVATION PANELS.—Not less than
20 percent of the amount appropriated under subsection (a) shall be
used only for purposes of Resource Recovery and Conservation Panels
established under section 2003 (including travel expenses incurred by
such panels in carrying out their functions under this Act).
-------
90 STAT. 2806
PUBLIC LAW 94-580—OCT. 21, 1976
Infra.
42 USC 6921.
Regulations.
Ante, p. 2799.
Regulations.
42 USC 6922.
"(c) HAZARDOUS WASTE.—Not less than 30 percent of the amount
appropriated under subsection (a) shall be used only for purposes
of carrying out subtitle C of this Act (relating to hazardous waste)
other than section 3011.
"Subtitle C—Hazardous Waste Management
"IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
"SEC. 3001. (a) CRITERIA FOR IDENTIFICATION OR LISTING.—Not later
than eighteen months after the date of the enactment of this Act, the
Administrator shall, after notice and opportunity for public hearing,
and after consultation with appropriate Federal and State agencies,
develop and promulgate criteria for identifying the characteristics of
hazardous waste, and for listing hazardous waste, which should be
subject to the provisions of this subtitle, taking into account toxicity,
persistence, and degradability in nature, potential for accumulation in
tissue, and other related factors such as flammability, corrosiveness,
and other hazardous characteristics. Such criteria shall be revised from
time to time as may be appropriate.
"(b) IDENTIFICATION AND LISTING.—Not later than eighteen months
after the date of enactment of this section, and after notice and oppor-
tunity for public hearing, the Administrator shall promulgate regula-
tions identifying the characteristics of hazardous waste, and listing
particular hazardous wastes (within the meaning of section 1004(5)),
which shall be subject to the provisions of this subtitle. Such regula-
tions shall be based on the criteria promulgated under subsection (a)
and shall be revised from time to time thereafter as may be appropriate.
"(c) PETITION BY STATE GOVERNOR.—At any time after the date
eighteen months after the enactment of this title, the Governor of any
State may petition the Administrator to identify or list a material as a
hazardous waste. The Administrator shall act upon such petition
within ninety days following his receipt thereof and shall notify the
Governor of such action. If the Administrator denies such petition
because of financial considerations, in providing such notice to the
Governor he shall include a statement concerning such considerations.
"STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
"SEC. 3002. Not later than eighteen months after the date of the
enactment of this section, and after notice and opportunity for public
hearings and after consultation with appropriate Federal and State
agencies, the Administrator shall promulgate regulations establishing
such standards, applicable to generators of hazardous waste identified
or listed under this subtitle, as may be necessary to protect human
health and the environment. Such standards shall establish require-
ments respecting—
" (1) recordkeeping practices that accurately identify the quan-
tities of such hazardous waste generated, the constituents thereof
which are significant in quantity or in potential harm to human
health or the environment, and the disposition of such wastes;
"(2) labeling practices for any containers used for the storage,
transport, or disposal of such hazardous waste such as will identify
accurately such waste;
"(3) use of appropriate containers for such hazardous waste;
" (4) furnishing of information on the general chemical compo-
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PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2807
sition of such hazardous waste to persons transporting, treating,
storing, or disposing of such wastes;
" (5) use of a manifest system to assure that all such hazardous
waste generated is designated for treatment, storage, or disposal
in treatment, storage, or disposal facilities (other than facilities
on the premises where the waste is generated) for which a permit
has been issued as provided in this subtitle, or pursuant to title I
of the Marine Protection, Research, and Sanctuaries Act
(86 Stat. 1052); and
"(6) submission of reports to the Administrator (or the State Reports.
agency in any case in which such agency carries out an authorized
permit program pursuant to this subtitle) at such times as the
Administrator (or the State agency if appropriate) deems neces-
sary, setting out—
"(A) the quantities of hazardous waste identified or listed
under this subtitle that he has generated during a particular
time period; and
" (Li) the disposition of all hazardous waste reported under
subparagraph (A).
"STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
"SEC. 3003. (a) STANDARDS.—Not later than eighteen months after Regulations.
the date of enactment of this section, and after opportunity for public 42 USC 6923.
hearings, the Administrator, after consultation with the Secretary
of Transportation and the States, shall promulgate regulations estab-
lishing such standards, applicable to transporters of hazardous waste
•identified or listed under this subtitle, as may be necessary to protect
human health and the environment. Such standards shall include but
need not be limited to requirements respecting—
"(1) recordkeeping concerning such hazardous waste trans-
ported, and their source and delivery points;
" (2) transportation of such waste only if properly labeled;
"(3) compliance with the manifest system referred to in sec-
tion 3002(5) ; and
"(4) transportation of all such hazardous waste only to the
hazardous waste treatment, storage, or disposal facilities which
the shipper designates on the manifest form to be a facility
holding a permit issued under this subtitle, or pursuant to title I
of the Marine Protection, Research, and Sanctuaries Act
(86 Stat. 1052).
" (b) COORDINATION WITH REGULATIONS OF SECRETARY OF TRANSPOR-
TATION.—In case of any hazardous waste identified or listed under this
subtitle which is subject to the Hazardous Materials Transportation
Act (88 Stat. 2156; 49 U.S.C. 1801 and following), the regulations
promulgated by the Administrator under this section shall be con-
sistent with the requirements of such Act and the regulations there-
under. The Administrator is authorized to make recommendations to Recommenda-
the Secretary of Transportation respecting the regulations of such tions.
hazardous waste under the Hazardous Materials Transportation Act
and for addition of materials to be covered bv such Act.
"STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
"SEC. 3004. Not later than eighteen months after the date of enact-
ment of this section, and after opportunity for public hearings and
after consultation with appropriate Federal and State agencies, the
Administrator shall promulgate regulations establishing such per-
formance standards, applicable to owners and operators of facilities
for the treatment, storage, or disposal of hazardous waste identified or
Regulations.
42 USC 6924.
-------
90 STAT. 2808 PUBLIC LAW 94-580—OCT. 21, 1976
listed under this subtitle, as may be necessary to protect human health
and the environment. Such standards shall include, but need not be
limited to, requirements respecting—
"(1) maintaining records of all hazardous wastes identified or
listed under this title which is treated, stored, or disposed of, as the
case may be, and the manner in which such wastes were treated,
stored, or disposed of;
"(2) satisfactory reporting, monitoring, and inspection and
compliance with the manifest system referred to in section
3002(5);
"(3) treatment, storage, or disposal of all such waste received
by the facility pursuant to such operating methods, techniques,
and practices as may be satisfactory to the Administrator;
"(4) the location, design, and construction of such hazardous
waste treatment, disposal, or storage facilities;
"(5) contingency plans for effective action to minimize unan-
ticipated damage from any treatment, storage, or disposal of any
such hazardous waste;
"(6) the maintenance of operation of such facilities and requir-
ing such additional qualifications as to ownership, continuity of
operation, training for personnel, and financial responsibility as
may be necessary or desirable; and
"(7) compliance with the requirements of section 3005 respect-
ing permits for treatment, storage, or disposal.
No private entity shall be precluded by reason of criteria established
under paragraph (6) from the ownership or operation of facilities
providing hazardous waste treatment, storage, or disposal services
where such entity can provide assurances of financial responsibility
and continuity of operation consistent with the degree and duration
of risks associated with the treatment, storage, or disposal of specified
hazardous waste.
"PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE
Regulations. "SEC. 3005. (a) PERMIT REQUIREMENTS.—Not later than eighteen
42 USC 6925. months after the date of the enactment of this section, the Adminis-
trator shall promulgate regulations requiring each person owning or
operating a facility for the treatment, storage, or disposal of hazard-
ous waste identified or listed under this subtitle to have a permit issued
pursuant to this section. Such regulations shall take effect on the date
provided in section 3010 and upon and after such date the treatment,
Storage, or disposal of any such hazardous waste is prohibited except
in accordance with such a permit.
"(b) REQUIREMENTS OF PERMIT APPLICATION.—Each application
for a permit under this section shall contain such information as may
be required under regulations promulgated by the Administrator,
including information respecting—
"(1) estimates with respect to the composition, quantities, and
concentrations of any hazardous waste identified or listed under
this subtitle, or combinations of any such hazardous waste and
any other solid waste, proposed to be disposed of, treated, trans-
ported, or stored, and the time, frequency, or rate of which such
waste is proposed to be disposed of, treated, transported, or
stored; and
"(2) the site at which such hazardous waste or the products of
treatment of such hazardous waste will be disposed of, treated,
transported to, or stored.
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2809
"(c) PERMIT ISSUANCE.—Upon a determination by the Administra-
tor (or a State, if applicable), of compliance by a facility for which
a permit is applied for under this section with the requirements of
this section and section 3004, the Administrator (or the State) shall
issue a permit for such facilities. In the event permit applicants pro-
pose modification of their facilities, or in the event the Administrator
(or the State) determines that modifications are necessary to conform
to the requirements under this section and section 3004, the permit
shall specify the time allowed to complete the modifications.
"(d) PERMIT REVOCATION.—Upon a determination by the Adminis-
trator (or by a State, in the case of a State having an authorized
hazardous waste program under section 3006) of noncompliance by
a facility having a permit under this title with the requirements of
this section or section 3004, the Administrator (or State, in the case
of a State having an authorized hazardous waste program under sec-
tion 3006) shall revoke such permit.
''(e) INTERIM STATUS.—Any person who—
''(1) owns or operates a facility required to have a permit
under this section which facility is in existence on the date of
enactment of this Act,
"(2) has complied with the requirements of section 3010(a),
and
"(3) has made an application for a permit under this section
shall be treated as having been issued such permit until such time as
final administrative disposition of such application is made, unless
the Administrator or other plaintiff proves that final administrative
disposition of such application has not been made because of the
failure of the applicant to furnish information reasonably required or
requested in order to process the application.
"AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS
"SEC. 3006. (a) FEDERAL GUIDELINES.—Not later than eighteen 42 USC 6926.
months after the date of enactment of this Act, the Administrator,
after consultation with State authorities, shall promulgate guidelines
to assist States in the development of State hazardous waste programs.
"(b) AUTHORIZATION OF STATE PROGRAM.—Any State which seeks
to administer and enforce a hazardous waste program pursuant to this
subtitle may develop and, after notice and opportunity for public
hearing, submit to the Administrator an application, in such form as
he shall require, for authorization of such program. Within ninety Notice and
days following submission of an application under this subsection, hearing.
the Administrator shall issue a notice as to whether or not he expects
such program to be authorized, and within ninety days following such
notice (and after opportunity for public hearing) he shall publish his
findings as to whether or not the conditions listed in items (1), (2),
and (3) below have been met. Such State is authorized to carry out
such program in lieu of the Federal program under this subtitle in
such State and to issue and enforce permits for the storage, treatment,
or disposal of hazardous waste unless, within ninety days following
submission of the application the Administrator notifies such State
that such program may not be authorized and, within ninety days
following such notice and after opportunity for public hearing, he
finds that (1) such State program is not equivalent to the Federal
program under this subtitle, (2) such program is not consistent with
the Federal or State programs applicable in other States, or (3) such
-------
90 STAT. 2810 PUBLIC LAW 94-580—OCT. 21, 1976
program does not provide adequate enforcement of compliance with
the requirements of this subtitle.
"(c) INTERIM AUTHORIZATION.—Any State which has in existence
a hazardous waste program pursuant to State law before the date
ninety days after the date of promulgation of regulations under
sections 3002, 3003, 3004, and 3005, may submit to the Administrator
evidence of such existing program and may request a temporary
authorization to carry out such program under this subtitle. The
Administrator shall, if the evidence submitted shows the existing
State program to be substantially equivalent to the Federal program
under this subtitle, grant an interim authorization to the State to
carry out such program in lieu of the Federal program pursuant to
this subtitle for a twenty-four month period beginning on the date
six months after the date of promulgation of regulations under
sections 3002 through 3005.
" (d) EFFECT OF STATE PERMIT.—Any action taken by a State under
a hazardous waste program authorized under this section shall have
the same force and effect as action taken by the Administrator under
this subtitle.
"(e) WITHDRAWAL OF AUTHORIZATION.—Whenever the Admin-
istrator determines after public hearing that a State is not admin-
istering and enforcing a program authorized under this section in
accordance with requirements of this section, he shall so notify the
State and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days, the Administrator shall
withdraw authorization of such program and establish a Federal pro-
gram pursuant to this subtitle. The Administrator shall not withdraw
authorization of any such program unless he shall first have notified
the State, and made public, in writing, the reasons for such
withdrawal.
"INSPECTIONS
42 USC 6927. "SEC. 3007. (a) ACCESS ENTRY.—For purposes of developing or
assisting in the deyelopment of any regulation or enforcing the pro-
visions of this subtitle, any person who generates, stores, treats, trans-
ports, disposes of, or otherwise handles hazardous wastes shall, upon
request of any officer or employee of the Environmental Protection
Agency, duly designated by the Administrator, or upon request of any
duly designated officer employee of a State having an authorized
hazardous waste program, furnish or permit such person at all reason-
able times to have access to, and to copy all records relating to such
wastes. For the purposes of developing or assisting in the development
of any regulation or enforcing the provisions of this title, such officers
or employees are authorized—
"(1) to enter at reasonable times any establishment or other
place maintained by any rerson where hazardous wastes are gen-
erated, stored, treated, disposed of, or transported from;
" (2) to inspect and obtain samples from any person of any such
wastes and samples of any containers or labeling for such wastes.
Each such inspection shall be commenced and completed with reason-
able promptness. If the officer or employee obtains any samples, prior
to leaving the premises, he shall give to the owner, operator, or agent
in charge a receipt describing the sample obtained and if requested a
portion of each such sample equal in volume or weight to the portion
retained. If any analysis is made of such samples, a copy of the results
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2811
of such analysis shall be furnished promptly to the owner, operator,
or agent in charge.
" (b) AVAILABILITY TO Ptmuc.—Any records, reports, or information
obtained from any person under this section shall be available to the
public, except that upon a showing satisfactory to the Administrator
(or the State, as the case may be) by any person that records, reports,
or information, or particular part thereof, to which the Administrator
(or the State, as the case may be) has access under this section if made
public, would divulge information entitled to protection under section
1905 of title 18 of the United States Code, the Administrator (or the
State, as the case may be) shall consider such information or particular
portion thereof confidential in accordance with the purposes of that
section, except that such record, report, document, or information may
be disclosed to other officers, employees, or authorized representatives
of the United States concerned with carrying out this Act, or when
relevant in any proceeding under this Act.
"FEDERAL ENFORCEMENT
"SEC. 3008. (a) COMPLIANCE ORDERS—(1) Except as provided in 42 USC 6928.
paragraph (2), whenever on the basis of any information the
Administrator determines that any person is in violation of any require-
ment of this subtitle, the Administrator shall give notice to the violator
of his failure to comply with such requirement. If such violation
extends beyond the thirtieth day after the Administrator's notification,
the Administrator may issue an order requiring compliance within a.
specified time period or the Administrator may commence a civil action
in the United States district court in the district in which the violation
occurred for appropriate relief, including a temporary or permanent.
injunction.
"(2) In the case of a violation of any requirement of this subtitle
where such violation occurs in a State which is authorized to carry out
a hazardous waste program under section 3006, the Administrator
shall give notice to the State in which such violation has occurred
thirty days prior to issuing an order or commencing a civil action
under this section.
"(3) If such violator fails to take corrective action within the time Penalty.
specified in the order, he shall be liable for a civil penalty of not more
than $25,000 for each day of continued noncompliance and the Admin-
istrator may suspend or revoke any permit issued to the violator
(whether issued by the. Administrator or the State).
"(b) PUBLIC HEARING.—Any order or any suspension or revocation
of a permit shall become final unless, no later than thirty days after
the order or notice of the suspension or revocation is served, the person
or persons named therein request a public hearing. Upon such request
the Administrator shall promptly conduct a public hearing. In con- Subpenas.
nection with any proceeding under this section the Administrator may
issue subpenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and may promul-
gate rules for discovery procedures.
"(c) REQUIREMENTS OF COMPLIANCE ORDERS.—Any order issued Penalty.
under this section shall state with reasonable specificity the nature
of the violation and specify a time for compliance and assess a penalty,
if any, which the Administrator determines is reasonable taking into
account the seriousness of the violation and any good faith efforts to
comply with the applicable requirements.
-------
90 STAT. 2812 PUBLIC LAW 94-580—OCT. 21, 1976
"(d) CRIMINAL PENALTY.—Any person who knowingly—
"(1) transports any hazardous waste identified or listed
under this subtitle to a facility which does not have a
permit under Section 3005 (or 3006 in the case of a State
program), or pursuant to title I of the Marine Protection,
Research, and Sanctuaries Act (86 Stat. 1052),
"(2) treats, stores, or disposes of any hazardous waste
identified or listed under this subtitle without having
obtained a permitiunder section 3005 (or 3006 in the case
of a State program) orl pursuant to title I of the Marine
Protection, Research, and Sanctuaries Act (86 Stat. 1052).
"(3) makes any false statement or representation in any appli-
cation, label, manifest, record, report, permit or other document
filed, maintained, or used for purposes of compliance with this
subtitle.
shall, upon conviction, be subject to a fine of not more than $25,000
for each day of violation, or to imprisonment not to exceed one year, or
both. If the conviction is for a violation committed after a first con-
viction of such person under this paragraph, punishment shall be by
a fine of not more than $50,000 per day of violation, or by imprison-
ment for not more than two years, or by both.
"RETENTION OF STATE AUTHORITY
42 USC 6929. "SEC. 3009. Upon the effective date of regulations under this subtitle
no State or political subdivision may impose any requirements less
stringent than those authorized under this subtitle respecting the same
matter as governed by such regulations, except that if application of
a regulation with respect to any matter under this subtitle is postponed
or enjoined by the action of any court, no State or political subdivision
shall be prohibited from acting with respect to the same aspect of such
matter until such time as such regulation takes effect.
"EFFECTIVE DATE
42 USC 6930. "SEC. 3010. (a) PRELIMINARY NOTIFICATION.—Not later than ninety
days after promulgation or revision of regulations under section 3001
identifying by its characteristics or listing any substance as hazardous
waste subject to this subtitle, any person generating or transporting
such substance or owning or operating a facility for treatment, stor-
age, or disposal of such substance shall file with the Administrator (or
with States having authorized hazardous waste permit programs under
section 3006) a notification stating the location and general description
of such activity and the identified or listed hazardous wastes handled
by such person. Not more than one such notification shall be required
to be filed with respect to the same substance. No identified or listed
hazardous waste subject to this subtitle may be transported, treated,
stored, or disposed of unless notification has been given as required
under this subsection.
"(b) EFFECTIVE DATE OF REGULATION.—The regulations under this
subtitle respecting requirements applicable to the generation, trans-
portation, treatment, storage, or disposal of hazardous waste (includ-
ing requirements respecting permits for such treatment, storage, or
disposal) shall take effect on the date six months after the date of
promulgation thereof (or six months after the date of revision in the
case of any regulation which is revised after the date required for
promulgation thereof).
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PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2813
"AUTHORIZATION or ASSISTANCE TO STATES 42 USC 6931.
SEC. 3011. (a) AUTHORIZATION.—There is authorized to be appropri-
ated $25,000,000 for each of the fiscal years 1978 and 1979 to be used to
make grants to the States for purposes of assisting the States in I he
development and implementation of authorized State hazardous waste
programs.
"(b) ALLOCATION.—Amounts authorized to be, appropriated under
subsection (a) shall be allocated among the States on the basis of
regulations promulgated by the Administrator, after consultation with
the States, which take into account, the extent to which hazardous
waste is generated, transported, treated, stored, and disposed of within
such State, the extent of exposure of human beings and the environ-
ment within such State to such waste, and such other factors as the
Administrator deems appropriate.
"Subtitle D—State or Regional Solid Waste Plans
"OBJECTIVES OF SUBTITLE
"SEC. 4001. The objectives of this subtitle are to assist in developing 42 USC 6941.
and encouraging methods for the disposal of solid waste which are
environmentally sound and which maximize the utilization of valuable
resources and to encourage resource conservation. Such objectives are
to be accomplished through Federal technical and financial assistance
to States or regional authorities for comprehensive planning pursuant
to Federal guidelines designed to foster cooperation among Federal,
State, and local governments and private industry.
"FEDERAL GUIDELINES FOR PLANS
"SEC. 4002. (a) GUIDELINES FOR IDENTIFICATION or REGIONS.—For Publication.
purposes of encouraging and facilitating the development of regional 42 USC 6942.
planning for solid waste management, the Administrator, within one
hundred and eighty days after the date of enactment of this section
and after consultation with appropriate Federal, State, and local
authorities, shall by regulation publish guidelines for the identification
of those areas which have common solid waste management problems
and are appropriate units for planning regional solid waste manage-
ment services. Such guidelines shall consider—
"(1) the size and location of areas which should be included,
"(2) the volume of solid waste which should be included, and
"(3) the available means of coordinating regional planning
with other related regional planning and for coordination of such
regional planning into the State plan.
" (b) GUIDELINES FOR STATE PLANS.—Not later than eighteen months Regulations.
after the date of enactment of this section and after notice and hearing,
the Administrator shall, after consultation with appropriate Federal,
State, and local authorities, promulgate regulations containing guide-
lines to assist in the development and implementation of State solid
waste management plans (hereinafter in this title referred to as 'State
plans'). The guidelines shall contain methods for achieving the objec-
tives specified in section 4001. Such guidelines shall be reviewed from
time to time, but not less frequently than every three years, and revised
as may be appropriate.
"(c) CONSIDERATIONS FOR STATE PLAN GUIDELINES.—The guidelines
promulgated under subsection (b) shall consider—
"(1) the varying regional, geologic, hydrologic, climatic, and
other circumstances under which different solid waste practices are
required in order to insure the reasonable protection of the quality
of the ground and surface waters from leachate contamination,
Review.
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90 STAT. 2814
PUBLIC LAW 94-580—OCT. 21, 1976
the reasonable protection of the quality of the surface waters
from surface runoff contamination, and the reasonable protection
of ambient air quality;
"(2) characteristics and conditions of collection, storage, proc-
essing, and disposal operating methods, techniques and practices,
and location of facilities where such operating methods, tech-
niques, and practices are conducted, taking into account the nature
of the material to be disposed;
"(8) methods for closing or upgrading open dumps for pur-
poses of eliminating potential health hazards;
" (4) population density, distribution, and projected growth;
"(5) geographic, geologic, climatic, and hydrologic character-
istics ;
" (6) the type and location of transportation;
" (7) the profile of industries ;
" (8) the constituents and generation rates of waste;
"(9) the political, economic, organizational, financial, and
management problems affecting comprehensive solid waste
management;
"(10) types of resource recovery facilities and resource conser-
vation systems which are appropriate; and
"(11) available now and additional markets for lecovered
material.
42 USC 6943.
Long-term
contracts.
Resource
conservation and
disposal of solid
waste.
MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS
"SEC. 4003. In order to be approved under section 4007, each State
plan must comply with the following minimum requirements—
"(1) The plan shall identify (in accordance with section
4006(b)) (A) the responsibilities of State, local, and regional
authorities in the implementation of the State plan, (B) the dis-
tribution of Federal funds to the authorities responsible for
development and implementation of the State plan, and (C) the
means for coordinating regional planning and implementation
under the State plan.
"(2) The plan shall, in accordance with section 4005 (c), pro-
hibit the establishment of new open dumps within the State,
and contain requirements that all solid waste (including solid
waste originating in other States, but not including hazardous
waste) shall be (A) utilized for resource recovery or (B) dis-
posed of in sanitary landfills (within the meaning of section
4004(a)) or otherwise disposed of in an environmentally sound
manner.
"(3) The plan shall provide for the closing or upgrading of
all existing open dumps within the State pursuant to the require-
ments of section 4005.
" (4) The plan shall provide for the establishment of such State
regulatory powers as may be necessary to implement the plan.
"(5) The plan shall provide that no local government within
the State shall be prohibited under State or local law from enter-
ing into long-term contracts for the supply of solid waste to
resource recovery facilities.
"(6) The plan shall provide for such resource conservation or
recovery and for the disposal of solid waste in sanitary landfills
or any combination of practices so as may be necessary to use
or dispose of such waste in a manner that is environmentally
sound.
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PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2815
CRITERA FOR SANITARY LANDFILLS; SANITARY LANDFILLS REQUIRED FOR
ALL DISPOSAL
"SEC. 4004. (a) CRITERIA FOR SANITARY LANDFILLS.—Not later than
one year after the date of enactment of this section, after consultation
with the States, and after notice and public hearings, the Administra-
tor shall promulgate regulations containing criteria for determining
which facilities shall be classified as sanitary landfills and which shall
be classified as open dumps within the meaning of this Act. At a
minimum, such criteria shall provide that a facility may be classified
as a sanitary landfill and not an open dump only if there is no reason-
able probability of adverse effects on health or the environment from
disposal of solid waste at such facility. Such regulations may provide
for the classification of the types of sanitary landfills.
"(b) DISPOSAL REQUIRED To BE IN SANITARY LANDFILLS, ETC.—For
purposes of complying with section 4003(2) each State plan shall
prohibit the establishment of open dumps and contain a requirement
that disposal of all solid waste within the State shall be in compliance
with such section 4003 (2).
y (c) EFFECTIVE DATE.—The prohibition contained in subsection (b)
shall take effect on the date six months after the date of promulgation
of regulations under subsection (a) or on the date of approval of
the State plan, whichever is later.
"UPGRADING OF OPEN DUMPS
"SEC. 4005. (a) OPEN DUMPS.—For purposes of this Act, the term
'open dump' means any facility or site where solid waste is disposed
of which is not a sanitary landfill which meets the criteria promul-
gated under section 4004 and which is not a facility for disposal of
hazardous waste.
"(b) INVENTORY.—Not later than one year after promulgation of
regulations under section 4004, the Administrator, with the coopera-
tion of the Bureau of the Census shall publish an inventory of all dis-
posal facilities or sites in the United States which are open dumps
within the meaning of this Act.
"(c) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS.—Any solid
waste management practice or disposal of solid waste or hazardous
waste which constitutes the open dumping of solid waste or hazardous
waste is prohibited, except in the case of any practice or disposal of
solid waste under a timetable or schedule for compliance established
under this section. For purposes of complying with section 4003(2),
each State plan shall contain a requirement that all existing disposal
facilities or sites for solid waste in such State which are open dumps
listed in the inventory under subsection (b) shall comply with such
measures as may be promulgated by the Administrator to eliminate
health hazards and minimize potential health hazards. Each such plan
shall establish, for any entity which demonstrates that it has con-
sidered other public or private alternatives for solid waste management
to comply with the prohibition on open dumping and is unable to utilize
such alternatives to so comply, a timetable or schedule for compliance
for such practice or disposal of solid waste which specifies a schedule
of remedial measures, including an enforceable sequence of actions or
operations, leading to compliance with the prohibition on open dump-
ing of solid waste within a reasonable time (not to exceed 5 years from
the date of publication of the inventory under subsection (b)).
Regulations.
4^ USC 6944.
"Open dump."
42 USC 6945.
Publication.
Schedule of
remedial
measures.
-------
90 STAT. 2816
PUBLIC LAW 94-580—OCT. 21, 1976
Regulations.
42 USC 6946.
State plan.
Multi-functional
regional agency.
33 USC 1288.
PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN
"SEC. 4006. (a) IDENTIFICATION OF REGIONS.—Within one hundred
and eighty days after publication of guidelines under section 4002(a)
(relating to identification of regions), the Governor of each State, after
consultation with local elected officials, shall promulgate regulations
based on such guidelines identifying the boundaries of each area within
the State which, as a result of urban concentrations, geographic con-
ditions, markets, and other factors, is appropriate for carrying out
regional solid waste management. Such regulations may be modified
from time to time (identifying additional or different regions) pur-
suant to such guidelines.
"(b) IDENTIFICATION OF STATE AND LOCAL AGENCIES AND RESPONSI-
BILITIES.— (1) Within one hundred and eighty days after the Governor
promulgates regulations under subsection (a), for purposes of facili-
tating the development and implementation of a State plan which will
meet the minimum requirements of section 4003, the State, together
with appropriate elected officials of general purpose units of local gov-
ernment, shall jointly (A) identify an agency to develop the State
plan and identify one or more agencies to implement such plan, and
(B) identify which solid waste functions will, under such State plan,
be planned for and carried out by the State and which such functions
will, under such State plan, be planned for and carried out by a
regional or local authority or a combination of regional or local and
State authorities. If a multi-functional regional agency authorized by
State law to conduct solid waste planning and management (the mem-
bers of which are appointed by the Governor) is in existence on the
date of enactment of this Act, the Governor shall identify such author-
ity for purposes of carrying out within such region clause (A) of this
paragraph. Where feasible, designation of the agency for the affected
area designated under section 208 of the Federal Water Pollution
Control Act (86 Stat. 839) shall be considered. A State agency identi-
fied under this paragraph shall be established or designated by the
Governor of such State. Local or regional agencies identified under
this paragraph shall be composed of individuals at least a majority of
whom are elected local officials.
"(2) If planning and implementation agencies are not identified
and designated or established as required under paragraph (1) for any
affected area, the governor shall, before the date two hundred and sev-
enty days after promulgation of regulations under subsection (a),
establish or designate a State agency to develop and implement the
State plan for such area.
"(c) INTERSTATE REGIONS.— (1) In the case of any region which,
pursuant to the guidelines published by the Administrator under sec-
tion 4002(a) (relating to identification of regions), would be located
in two or more States, the Governors of the respective States, after
consultation with local elected officials, shall consult, cooperate, and
enter into agreements identifying the boundaries of such region pur-
suant to subsection (a).
"(2) Within one hundred and eighty days after an interstate region
is identified by agreement under paragraph (1), appropriate elected
officials of general purpose units of local government within such
region shall jointly establish or dasignate an agency to develop a plan
for such region. If no such agency is established or designated within
such period by such officials, the Governors of the respective States
may, by agreement, establish or designate for such purpose a single
-------
PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2817
representative organization including elected officials of general pur-
pose units of local government within such region.
"(3) Implementation of interstate regional solid waste management
plans shall be conducted by units of local government for any portion
of a region within their jurisdiction, or by multijurisdictional agencies
or authorities designated in accordance with State law, including those
designated by agreement by such units of local government for such
purpose. If no such unit, agency, or authority is so designated, the
respective Governors shall designate or establish a single interstate
agency to implement such plan.
"(4) For purposes of this subtitle, so much of an interstate regional
plan as is carried out within a particular State shall be deemed part
of the State plan for such State.
"APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE
"SEC. 4007. (a) PLAN APPROVAL.—The Administrator shall, within
six months after a State plan has been submitted for approval, approve
or disapprove the plan. The Administrator shall approve a plan if he
determines that—
"(1) it meets the requirements of paragraphs (1), (2), (3), and
(5) of section 4003; and
''(2) it contains provision for revision of such plan, after notice
and public hearing, whenever the Administrator, by regulation,
determines—
"(A) that revised regulations respecting minimum require-
ments have been promulgated under paragraphs (1), (2), (3).,
and (5) of section 4003 with which the State plan is not in
compliance;
" (B) that information has become available which demon-
strates the inadequacy of the plan to effectuate the purposes
of this subtitle; or
" (C) that such revision is otherwise necessary.
The Administrator shall review approved plans from time to time and
if he determines that revision or corrections are necessary to bring
such plan into compliance with the minimum requirements promul-
gated under section 4003 (including new or revised requirements), he
shall, after notice and opportunity for public hearing, withdraw his
approval of such plan. Such withdrawal of approval shall cease to be
effective upon the Administrator's determination that such complies
with such minimum requirements.
"(b) ELIGIBILITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE.—
(1) The Administrator shall approve a State application for financial
assistance under this subtitle, and make grants to such State, if such
State and local and regional authorities within such State have com-
plied with the requirements of section 4006 within the period required
under such section and if such State has a State plan which has been
approved by the Administrator under this subtitle.
''(2) The Administrator shall approve a State application for
financial assistance under this subtitle, and make grants to such State,
for fiscal years 1978 and 1979 if the Administrator determines that
the State plan continues to be eligible for approval under subsection
(a) and is being implemented by the State.
"(3) Upon withdrawal of approval of a State plan under subsection
(a), the Administrator shall withhold Federal financial and technical
assistance under this subtitle (other than such technical assistance as
Regional solid
waste
management
plans.
42 USC 6947.
Review;
withdrawal of
approval.
Withholding of
financial and
technical
assistance.
-------
90 STAT. 2818
PUBLIC LAW 94-580—OCT. 21, 1976
42 USC 6948.
Compliance with
project or
program.
Ante, p. 2803.
Appropriation
authorization.
may be necessary to assist in obtaining the reinstatement of approval)
until such time as such approval is reinstated.
"(c) EXISTING ACTIVITIES.—Nothing in this subtitle shall be con-
strued to prevent or affect any activities respecting solid waste plan-
ning or management which are carried out by State, regional, or local
authorities unless such activities are inconsistent with a State plan
approved by the Administrator under this subtitle.
"FEDERAL ASSISTANCE
"SEC. 4008. (a) AUTHORIZATION or FEDERAL FINANCIAL ASSIST-
ANCE.— (1) There are authorized to be appropriated $30,000,000 for
fiscal year 1978 and $40,000,000 for fiscal year 1979 for purposes of
making grants to the States for the development and implementation
of State plans under this subtitle.
"(2) (A) The Administrator is authorized to provide financial
assistance to States, counties, municipalities, and intermunicipal agen-
cies and State and local public solid waste management authorities for
implementation of programs to provide solid waste management,
resource recovery, and resource conservation services and hazardous
waste management. Such assistance shall include assistance for facility
planning and feasibility studies; expert consultation; surveys and
analyses of market needs; marketing of recovered resources; tech-
nology assessments; legal expenses; construction feasibility studies;
source separation projects; and fiscal or economic investigations or
studies; but such assistance shall not include any other element of con-
struction, or any acquisition of land or interest in land, or any subsidy
for the price of recovered resources. Agencies assisted under this sub-
section shall consider existing solid waste management and hazardous
waste management services and facilities as well as facilities proposed
for construction.
"(B) An applicant for financial assistance under this paragraph
must agree to comply with respect to the project or program assisted
with the applicable requirements of section 4005 and Subtitle C of this
Act and apply applicable solid waste management practices, methods,
and levels of control consistent with any guidelines published pur-
suant to section 1008 of this Act. Assistance under this paragraph shall
be available only for programs certified by the State to be consistent
with any applicable State or areawide solid waste management plan or
program.
"(C) There are authorized to be appropriated $15,000,000 for each
of the fiscal years 1978 and 1979 for purposes of this section.
" (b) STATE ALLOTMENT.—The sums appropriated in any fiscal year
under subsection (a) (1) shall be allotted by the Administrator among
all States, in the ratio that the population in each State bears to the
population in all of the States, except that no State shall receive less
than one-half of 1 per centum of the sums so allotted in any fiscal year.
No State shall receive any grant under this section during any fiscal
year when its expenditures of non-Federal funds for other than non-
recurrent expenditures for solid waste management control programs
will be less than its expenditures were for such programs during fiscal
year 1975, except that such funds may be reduced by an amount equal
to their proportionate share of any general reduction of State spend-
ing ordered by the Governor or legislature of such State. No State
shall receive any grant for solid waste management programs unless
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2819
the Administrator is satisfied that such grant will be so used as to
supplement and, to the extent practicable, increase the level of State,
local, regional, or other non-Federal funds that would in the absence
of such grant be made available for the maintenance of such programs..
"(c) DISTRIBUTION or FEDERAL FINANCIAL ASSISTANCE WITHIN THE
STATE.—The Federal assistance allotted to the States under subsection
(b) shall be allocated by the State receiving such funds to State, local,
regional, and interstate authorities carrying out planning and imple-
mentation of the State plan. Such allocation shall be based upon the
responsibilities of the respective parties as determined pursuant to
section 4006(b).
"(d) TECHNICAL ASSISTANCE.—The Administrator may provide
technical assistance to State and local governments for purposes of
developing and implementing State plans. Technical assistance
respecting resource recovery and conservation may be provided
through resource recovery and conservation panels, established in the
Environmental Protection Agency under subtitle B, to assist the State 4nte* P- 2804.
and local governments with respect to particular resource recovery
and conservation projects under consideration and to evaluate their
effect on the State plan.
''(e) SPECIAL COMMUNITIES.— (1) The Administrator, in coopera-
tion with State and local officials, shall identify communities within
the United States (A) having a population of less than twenty-five
thousand persons, (B) having solid waste disposal facilities in which
more than 75 per centum of the solid waste disposal of is from areas
outside the jurisdiction of the communities, and (C) which have seri-
ous environmental problems resulting from the disposal of such solid
waste.
"(2) There is authorized to be appropriated to the Administrator Appropriation
$2,500,000 for each of the fiscal years 1978 and 1979 to make grants authorization.
to be used for the conversion, improvement, or consolidation of exist-
ing solid waste disposal facilities, or for the construction of new solid
waste disposal facilities, or for both, within communities identified
under paragraph (1). Not more than one community in any State
shall be eligible for grants under this paragraph and not more than
one project in any State shall be eligible for such grants.
"(3) Grants under this subsection shall be made only to projects
which the Administrator determines will be consistent with an appli-
cable State plan approved under this subtitle and which will assist
in carrying out such plan.
"RURAL COMMUNITIES ASSISTANCE
"SEC. 4009. (a) IN GENERAL.—The Administrator shall make grants 42 USC 6949.
to States to provide assistance to municipalities with a population of
five thousand or less, or counties with a population of ten thousand or
less or less than twenty persons per square mile and not within a
metropolitan area, for solid waste management facilities (including
equipment) necessary to meet the requirements of section 4005 of this
Act or restrictions on open burning or other requirements arising
under the Clean Air Act or the Federal Water Pollution Control Act. 42 usc 1857
Such assistance shall only be available—
"(1) to any municipality or county which could not feasibly
be included in a solid waste management system or facility serving
an urbanized, multijurisdictional area because of its distance
from such systems;
note.
33 USC 1251
note.
-------
90 STAT. 2820
PUBLIC LAW 94-580—OCT. 21, 1976
Land acquisition,
prohibition.
42 USC 6951.
Publication of
guidelines.
42 USC 6952.
Cooperation with
national
standards-setting
organizations.
"(2) where existing or planned solid waste management serv-
ices or facilities are unavailable or insufficient to comply with the
requirements of section 4005 of this Act; and
"(3) for systems which are certified by the State to be con-
sistent with any plans or programs established under any State
or areawide planning process.
"(b) ALLOTMENT.—The Administrator shall allot the sums appro-
priated to carry out this section in any fiscal year among the States
in accordance with regulations promulgated by him on the basis of
the average of the ratio which the population of rural areas of each
State bears to the total population of rural areas of all the States, the
ratio which the population of counties in each State having less than
twenty persons per square mile bears to the total population of such
counties in all the States, and the ratio which the population of such
low-density counties in each State having 33 per centum or more of
all families with incomes not in excess of 125 per centum of the pov-
erty level bears to the total population of such counties in all the
States.
"(c) LIMIT.—The amount of any grant under this section shall not
exceed 75 per centum of the costs of the project. No assistance under
this section shall be available for the acquisition of land or interests
in land.
"(d) APPROPRIATIONS.—There are authorized to be appropriated
$25,000,000 for each of the fiscal years 1978 and 1979 to carry out this
section.
"Subtitle E—Duties of the Secretary of Commerce in Resource and
Recovery
"FUNCTIONS
"SEC. 5001. The Secretary of Commerce shall encourage greater
commercialization of proven resource recovery technology by pro-
viding—
" (1) accurate specifications for recovered materials;
"(2) stimulation of development of markets for recovered
materials;
"(3) promotion of proven technology; and
"(4) a forum for the exchange of technical and economic data
relating to resource recovery facilities.
"DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS
"SEC. 5002. The Secretary of Commerce, acting through the
National Bureau of Standards, and in conjunction with national
standards-setting organizations in resource recovery, shall, after
public hearings, and not later than two years after the date of the
enactment of this Act, publish guidelines for the development of
specifications for the classification of materials recovered from waste
which were destined for disposal. The specifications shall pertain to
the physical and chemical properties and characteristics of such mate-
rials with regard to their use in replacing virgin materials in various
industrial, commercial, and governmental uses. In establishing such
guidelines the Secretary shall also, to the extent feasible, provide such
information as may be necessary to assist Federal agencies with pro-
curement of items containing recovered materials. The Secretary shall
continue to cooperate with national standards-setting organizations,
as may be necessary, to encourage the publication, promulgation and
-------
PUBLIC LAW 94-580—OCT. 21, 1976
updating of standards for recovered materials and for the use of
recovered materials in various industrial, commercial, and govern-
mental uses.
90 STAT. 2821
DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS
"SEC. 5003. The Secretary of Commerce shall within two years 42 USC 6953.
after the enactment of this Act take such actions as may be necessary
to—
"(1) identify the geographical location of existing or poten-
tial markets for recovered materials;
"(2) identify the economic and technical barriers to the use of
recovered materials; and
"(3) encourage the development of new uses for recovered
materials.
"TECHNOLOGY PROMOTION
"SEC. 5004. The Secretary of Commerce is authorized to evaluate 42 USC 6954.
the commercial feasibility of resource recovery facilities and to pub-
lish the results of such evaluation, and to develop a data base for
purposes of assisting persons in choosing such a system.
''Subtitle F—Federal Responsibilities
APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO
FEDERAL FACILITIES
42 USC 6961.
"SEC. 6001. Each department, agency, and instrumentality of the
executive, legislative, and judicial branches of the Federal Govern-
ment (1) having jurisdiction over any solid waste management
facility or disposal site, or (2) engaged in any activity resulting, or
which may result, in the disposal or management of solid waste or
hazardous waste
shall be subject to, and comply with, all Federal, State, interstate, and
local requirements, both substantive and procedural (including any
requirement for permits or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce
Mich relief), respecting control and abatement of solid waste or
hazardous waste disposal in the same manner, and to the same extent,
as any person is subject to such requirements, including the payment
of reasonable service charges. Neither the United States, nor any
agent, employee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with respect
to the enforcement of any such injunctive relief. The President may Exemptions
exempt any solid waste management facility of any department,
agency, or instrumentality in the executive branch from compliance
with such a requirement if he determines it to be in the paramount
interest of the United States to do so. No such exemption shall be
granted due to lack of appropriation unless the President shall have
specifically requested such appropriation as a part of the budgetary
process and the Congress shall have failed to make available such
requested appropriation. Any exemption shall be for a period not in
excess of one year, but additional exemptions may be granted for
periods not to exceed one year upon the President's making a new
determination. The President shall report each January to the Con-
gress all exemptions from the requirements of this section granted
during the preceding calendar year, together with his reason for
granting each such exemption.
Presidential
report to
Congress.
-------
90 STAT. 2822 PUBLIC LAW 94-580—OCT. 21, 1976
"FEDERAL PROCUREMENT
42 USC 6962. "SEC. 6002. (a) APPLICATION or SECTION.—Except as provided in
subsection (b), a procuring agency shall comply with the require-
ments set forth in this section and any regulations issued under this
section, with respect to any purchase or acquisition of a procurement
item where the purchase price of the item exceeds $10,000 or where the
quantity of such items or of functionally equivalent items purchased
or acquired in the course of the preceding fiscal year was $10,000 or
more.
"(b) PROCUREMENT SUBJECT TO OTHER LAW.—Any procurement,
by any procuring agency, which is subject to regulations of the
Administrator under section 6004 (as promulgated before the date of
enactment of this section under comparable provisions of prior law)
shall not be subject to the requirements of this section to the extent
that such requirements are inconsistent with such regulations.
''(c) REQUIREMENTS.— (1) After two years after the date of
enactment of this section, each procuring agency shall procure items
composed of the highest percentage of recovered materials practicable
consistent with maintaining a satisfactory level of competition. The
decision not to procure such items shall be based on a determination
that such procurement items—
"(A) are not reasonably available within a reasonable period
of time;
"(B) fail to meet the performance standards set forth in the
applicable specifications or fail to meet the reasonable perform-
ance standards of the procuring agencies; or
"(C) are only available at an unreasonable price. Any deter--
mination under clause (ii) shall be made on the basis of the
guidelines of the Bureau of Standards in any case in which such
material is covered by such guidelines.
"(2) Agencies that generate heat, mechanical, or electrical energy
from fossil fuel in systems that have the technical capability of using
recovered material and recovered-material-derived fuel as a primary
or supplementary fuel shall use such capability to the maximum
extent practicable.
"(3)After the date specified in any applicable guidelines prepared
pursuant to subsection (e) of this section, contracting officers shall
require that vendors certify the percentage of the total material
utilized for the performance of the contract which is recovered
materials.
"(d) SPECIFICATIONS.— (1) All Federal agencies that have the
responsibility for drafting or reviewing specifications for procure-
ment item procured by Federal agencies shall, in reviewing those
specifications, ascertain whether such specifications violate the pro-
hibitions contained in subparagraphs (A) through (C) of paragraph
(-2). Such review shall be undertaken not later than eighteen months
after the date of enactment of this section.
"(2) In drafting or revising such specifications, after the date of
enactment of this section—
" (A) any exclusion of recovered materials shall be eliminated;
"(B) such specification shall not require the item to be manu-
factured from virgin materials; and
"(C) such specifications shall require reclaimed materials to
the maximum extent possible without jeopardizing the intended
end use of the item.
" (e) GUIDELINES.—The Administrator, after consultation with the
Administrator of General Services, the Secretary of Commerce (act-
ing through the Bureau of Standards), and the Public Printer, shall
-------
PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2823
prepare, and from time to time revise, guidelines for the use of
procuring agencies in complying with the requirements of this section.
Such guidelines shall set forth recommended practices with respect
to the procurement of recovered materials and items containing such
materials and with respect to certification by vendors of the
percentage of recovered materials asedj and shall provide
information as to the availability, sources iof supply, and potential
uses of such materials and items.
"(f) PROCUREMENT or SERVICES.—A procuring agency shall, to the
maximum extent practicable, manage or arrange for the procurement
of solid waste management services in a manner which maximizes
energy and resource recovery.
"(g) EXECUTIVE OFFICE.—The Office of Procurement Policy in
the Executive Office of the President, in cooperation with the Admin-
istrator, shall implement the policy expressed in this section. It shall
be the responsibility of the Office of Procurement Policy to coordinate
this policy with other policies for Federal procurement, in such a
way as to maximize the use of recovered resources, and to annually
report to the Congress on actions taken by Federal agencies and the
progress made in the implementation of such policy.
"COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY
"SEC. 6003. All Federal agencies having functions relating to solid
waste or hazardous waste shall cooperate to the maximum extent
permitted by law with the Administrator in carrying out his func-
tions under this Act and shall make all appropriate information,
facilities, personnel, and other resources available, on a reimbursable
basis, to the Administrator upon his request.
"APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO EXECUTIVE
AGENCIES
42 USC 6963.
42 USC 6964.
"SEC. 6004. (a) COMPLIANCE.—(1) If—
"(A) an Executive agency (as defined in section 105 of title
5, United States Code) has jurisdiction over any real property
or facility the operation or administration of which involves
such agency in solid waste management activities, or
"(P>) such an agency enters into a contract with any person
for the operation by such person of any Federal property or
facility, and the performance of such contract involves such
person in solid waste management activities,
then such agency shall insure compliance with the guidelines recom-
mended under section 1008 and the purposes of this Act in the opera- Ante, p. 2803.
tion or administration of such property or facility, or the performance
of such contract, as the case may be.
"(2) Each Executive agency which conducts any activity—
"(A) which generates solid waste, and
"(B) which, if conducted by a person other than such agency,
would require a permit or license from such agency in order to
dispose of such solid waste,
shall insure compliance with such guidelines and the purposes of this
Act in conducting such activity.
"(3) Each Executive agency which permits the use of Federal
property for purposes of disposal of solid waste shall insure com-
pliance with such guidelines and the purposes of this Act in the
disposal of such waste.
"(4) The President shall prescribe regulations to carry out this Regulations.
subsection.
-------
90 STAT. 2824
PUBLIC LAW 94-580—OCT. 21, 1976
Ante, p. 2803.
42 USC 6971.
Application to
Secretary for
review.
Hearing.
Notice.
Rehiring or
reinstatement of
employee.
Judicial review.
"(b) LICENSES AND PERMITS.—Each Executive agency which issues
any license or permit for disposal of solid waste shall, prior to the
issuance of such license or permit, consult with the Administrator to
insure compliance with guidelines recommended under section 1008
and the purposes of this Act.
"Subtitle (i—Miscellaneous Provisions
''EMPLOYEE PROTECTION
"SEC. 7001. (a) GENERAL.—No person shall fire, or in any other
way discriminate against, or cause to be fired or discriminated against,
any employee or any authorized representative of employees by reason
of the fact that such employee or representative has filed, instituted,
or caused to be filed or instituted any proceeding under this Act or
under any applicable implementation plan, or has testified or is about
to testify in any proceeding resulting from the administration or
enforcement of the provisions of this Act or of any applicable
implementation plan.
"(b) REMEDY.—Any employee or a representative of employees who
believes that he has been fired or otherwise discriminated against by
any person in violation of subsection (a) of this section may, within
thirty days after such alleged violation occurs, apply to the Secretary
of Labor for a review of such firing or alleged discrimination. A copy
of the application shall be sent to such person who shall be the respond-
ent. Upon receipt of such application, the Secretary of Labor shall
cause such investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing at the
request of any party to such review to enable the parties to present
information relating to such alleged violation. The parties shall be
given written notice of the time and place of the hearing at least five
days prior to the hearing. Any such hearing shall be of record and
shall be subject to section 554 of title 5 of the United States Code. Upon
receiving the report of such investigation, the Secretary of Labor shall
make findings of fact. If he finds that such violation did occur, he shall
issue a decision, incorporating an order therein and his findings, requir-
ing the party committing such violation to take such affirmative action
to abate the violation as the Secretary of Labor deems appropriate,
including, but not limited to, the rehiring or reinstatement of the
employee or representative of employees to his former position with
compensation. If he finds that there was no such violation, he shall issue
an order denying the application. Such order issued by the Secretary
of L:ibor under this subparagraph shall be subject to judicial review
in the same manner as orders and decisions of the Administrator or
-.ubjeet to judicial review under this Act.
" (c) COSTS.—"Whenever an order is issued under this section to abate
such violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the attorney's
fees) as determined by the Secretary of Labor, to have been reasonably
incurred by the applicant for, or in connection with, the institution and
prosecution of such proceedings, shall be assessed against the person
committing such violation.
"(d) EXCEPTION.—This section shall have no application to any
employee who. acting without direction from his employer (or his
agent) deliberately violates any requirement of this Act.
"(e) EMPLOYMENT SHIFTS AND Loss.—The Administrator shall
conduct continuing evaluations of potential loss or shifts of employ-
-------
PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2825
ment which may result from the administration or enforcement of
the provisions of this Act and applicable implementation plans,
including, where appropriate, investigating threatened plant closures
or reductions in employment allegedly resulting from such adminis-
tration or enforcement. Any employee who is discharged, or laid off, Request for
threatened with discharge or layoff, or otherwise discriminated against investigation.
by any person because of the alleged results of such administration
or enforcement, or any representative of such employee, may request
the Administrator to conduct a full investigation of the matter. The Hearing.
Administrator shall thereupon investigate the matter and, at the
request of any party, shall hold public hearings on not less than five
days' notice, and shall at such hearings require the parties, including
the employer involved, to present information relating to the actual
or potential effect of such administration or enforcement on employ-
ment and 011 any alleged discharge, layoff, or other discrimination
and the detailed reasons or justification therefor. Any such hearing
shall be of record and shall be subject to section 554 of title 5 of the
United States Code. Upon receiving the report of such investigation,
the Administrator shall make findings of fact as to the effect of such
administration or enforcement on employment and on the alleged
discharge, layoff, or discrimination and shall make such recommenda-
tions as he deems appropriate. Such report, findings, and recommeri- Information,
dations shall be available to the public. Nothing in this subsection availability to
shall be construed to require or authorize the Administrator or any Pu°'lc-
State to modify or withdraw any standard, limitation, or any other
requirement of this Act or any applicable implementation plan.
"CITIZEN SUITS
"SEC. 7002. (a) IN GENERAL.—Except as provided in subsection (b) 42 USC 6972.
or (c) of this section, any person may commence a civil action on his
own behalf—
"(1) against any person (including (a) the United States, and
(b) any other governmental instrumentality or agency, to the
extent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of any permit, standard, regula-
tion, condition, requirement, or order which has become effective
pursuant to this Act; or
"'(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this Act
which is not discretionary with the Administrator.
Any action under paragraph (a)(l) of this subsection shall be
brought in the district court for the district in which the alleged
violation occurred. Any action brought under paragraph (a) (2) of
this subsection may be brought in the district court for the district
in which the alleged violation occurred or in the District Court of
the District of Columbia. The district court shall have jurisdiction,
without regard to the amount in controversy or the citizenship of the
parties, to enforce such regulation or order, or to order the Adminis-
trator to perform such act or duty as the case may be.
"(b) ACTIONS PROHIBITED.—No action may be commenced under
paragraph (a)(l) of this section—
"(1) prior to sixty days after the plaintiff has given notice of
the violation (A) to the Administrator; (B) to the State in which
the alleged violation occurs; and (C) to any alleged violator of
such permit, standard, regulation, condition, requirement, or
order; or
-------
90 STAT. 2826
PUBLIC LAW 94-580—OCT. 21, 1976
42 USC 3254f.
28 USC app.
42 USC 6973.
Publication in
Federal Register
42 USC 6974.
"(2) if the Administrator or State has commenced and is dili-
gently prosecuting a civil or criminal action in a court of the
United States or a State to require compliance with such permit,
standard, regulation, condition, requirement, or order: Provided,
however, That in any such action in a court of the United States,
any person may intervene as a matter of right.
"(c) NOTICE.—No action may be commenced under paragraph
(a) (2) of this section prior to sixty days after the plaintiff has given
notice to the Administrator that he will commence such action, except
that such action may be brought immediately after such notification in
the case of an action under this section respecting a violation of
subtitle C of this Act. Notice under this subsection shall be given in
such manner as the Administrator shall prescribe by regulation. Any
action respecting a violation under this Act may be brought under this
section only in the judicial district in which such alleged violation
occurs.
"(d) INTERVENTION.—In any action under this section the Adminis-
trator, if not a party, may intervene as a matter of right.
"(e) COSTS.—The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation (includ-
ing reasonable attorney and expert witness fees) to any party, when-
ever the court determines such an award is appropriate. The court
may, if a temporary restraining order or preliminary injunction is
sought, require the filing of a bond or equivalent security in accord-
ance with the Federal Rules of Civil Procedure.
"(f) OTHER RIGHTS PRESERVED.—Nothing in this section shall
restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement of any standard
or requirement relating to the management of solid waste or hazardous
waste, or to seek any other relief (including relief against the Adminis-
trator or a State agency).
"IMMINENT HAZARD
"SEC. 7003. Notwithstanding any other provision of this Act, upon
receipt of evidence that the handling, storage, treatment, transporta-
tion or disposal of any solid waste or hazardous waste is presenting
an imminent and substantial endangerment to health or the environ-
ment, the Administrator may bring suit on behalf of the United States
in the appropriate district court to immediately restrain any person
contributing to the alleged disposal to stop such handling, storage,
treatment, transportation, or disposal or to take such other action as
may be necessary. The Administrator shall provide notice to the
affected State of any such suit.
"PETITION FOR REGULATIONS; PUBLIC PARTICIPATION
"SEC. 7004. (a) PETITION.—Any person may petition the Adminis-
trator for the promulgation, amendment, or repeal of any regulation
under this Act. Within a reasonable time following receipt of such
petition, the Administrator shall take action witn respect to such
petition and shall publish notice of such action in the Federal Reg-
ister, together with the reasons therefor.
"(b) PUBLIC PARTICIPATION.—Public participation in the develop-
ment, revision, implementation, and enforcement of any regulation,
guideline, information, or program under this Act shall be provided
for, encouraged, and assisted by the Administrator and the States.
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2827
The Administrator, in cooperation with the States, shall develop and
publish minimum guidelines for public participation in such processes.
"SEPARABILITY
"SEC. 7005. If any provision of this Act, or the application of any 42 USC 6975.
provision of this Act to any person or circumstance, is held invalid,
the application of such provision to other persons or circumstances,
and the remainder of this Act, shall not be affected thereby.
"SEC. 7006. Any judicial review of final regulations promulgated 42 USC 6976.
pursuant to this Act shall be in accordance with sections 701 through
706 of title 5 of the United States Code, except that—
"(1) a petition for review of action of the Administrator in
promulgating any regulation, or requirement under this Act
may be filed only in the United States Court of Appeals for
the District of Columbia. Any such petition shall be filed within
ninety days from the date of such promulgation, or after such
date if such petition is based solely on grounds arising after such
ninetieth day. Action of the Administrator with respect to which
review could have been obtained under this subsection shall not
be subject to judicial review in civil or criminal proceedings
for enforcement; and
"(2) in any judicial proceeding brought under this section in
which review is sought of a determination under this Act required
to be made on the record after notice and opportunity for hearing,
if a party seeking review under this Act applies to the court
for leave to adduce additional evidence, and shows to the satis-
faction of the court that the information is material and that
there were reasonable grounds for the failure to adduce such
evidence in the proceeding before the Administrator, the court
may order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Administrator, and to be adduced
upon the hearing in such manner and upon such terms and condi-
tions as the court may deem proper. The Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and he shall file with
the court such modified or new findings and his recommendation,
if any, for the modification or setting aside of his original order,
with the return of such additional evidence.
"GRANTS OR CONTRACTS FOR TRAINING PROJECTS
"SEC. 7007. (a) GENERAL AUTHORITY.—The Administrator is 42 USC 6977.
authorized to make grants to, and contracts with any eligible organi-
zation. For purposes of this section the term "eligible organization" "Eligible
means a State or interstate agency, a municipality, educational iiistitu- organization."
tion, and any other organization which is capable of effectively carry-
ing out a project which may be funded by grant under subsection (b)
of this section.
"(b) PURPOSES.—(1) Subject to the provisions of paragraph (2),
grants or contracts may be made to pay all or a part of the costs,
as may be determined by the Administrator, of any project operated
or to be operated by an eligible organization, which is designed—
"(A) to develop, expand, or carry out a program (which may
-------
90 STAT. 2828
PUBLIC LAW 94-580—OCT. 21, 1976
combine training, education, and employment) for training per-
sons for occupations involving the management, supervision,
design, operation, or maintenance of solid waste management
and resource recovery equipment and facilities; or
"(1^) to train instructors and supervisory personnel to train
or supervise persons in occupations involving the design, opera-
tion, and maintenance of solid waste management and resource
recovery equipment and facilities.
"(2) A grant or contract authorized by paragraph (1) of this
subsection may be made only upon application to the Administrator
at such time or times and containing such information as he may
prescribe, except that no such application shall be approved unless
it provides for the same procedures and reports (and access to such
reports and to other records) as required by section 207(b) (4) and
42 USC 3254a. (5) (as in effect before the date of the enactment of Resource Con-
Ante, p. 2795. servation and Recovery Act of 1976) with respect to applications made
under such section (as in effect before the date of the enactment of
Resource Conservation and Recovery Act of 1976).
"(c) STUDY.—The Administrator shall make a complete investiga-
tion and study to determine—
" (1) the need for additional trained State and local personnel
to carry out plans assisted under this Act and other solid waste
and resource recovery programs;
"(2) means of using existing training programs to train such
personnel; and
"(3) the extent and nature of obstacles to employment and
occupational advancement in the solid waste management and
resource recovery field which may limit either available manpower
or the advancement of personnel in such tield.
He shall report the results of such investigation and study, including
his recommendations to the President and the Congress.
"PAYMENTS
•'SEC. 7008. (a) GENERAL RULE.—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
Administrator may determine.
"(b) PROHIBITION.—No grant may be made under this Act to any
private profitmaking organization.
"LABOR STANDARDS
42 USC 6979. "SEC. 7009. 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
mechanics employed by contractors or subcontractors on projects of
the type covered by the Davis-Bacon Act, as amended (40 TJ.S.C.
276a—276a-5), will be paid wages at rates not less than those pre-
vailing 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 authority and functions set forth in Reorganization Plan Num-
5 USC aPP. II. bered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-5) and section 2 of the
Act of June 13, 1934, as amended (40 U.S.C. 276c).
Report to
President and
Congress.
42 USC 6978.
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2829
"Subtitle H—Research, Development, Demonstration, and
Information
"RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES
"SEC. 8001. (a) GENERAL AUTHORITY.—The Administrator, alone or 42 USC 6981.
after consultation with the Administrator of the Federal Energy
Administration, the Administrator of the Energy Research and
Development Administration, or the Chairman of the Federal Power
Commission, shall conduct, and encourage, cooperate with, and render
financial and other assistance to appropriate public (whether Federal,
State, interstate, or local) authorities, agencies, and institutions,
private agencies and institutions, and individuals in the conduct of,
and promote the coordination of, research, investigations, experi-
ments, training, demonstrations, surveys, public education programs,
and studies relating to—
"(1) any adverse health and welfare effects of the release into
the environment of material present in solid waste, and methods
to eliminate such effects;
"(2) the operation and financing of solid waste management
programs;
"(3) the planning, implementation, and operation of resource
recovery ana resource conservation systems and hazardous waste
management systems, including the marketing of recovered
resources;
"(4) the production of usable forms of recovered resources,
including fuel, from solid waste;
"(5) the reduction of the amount of such waste and unsalvage-
able waste materials;
"(6) the development and application of new and improved
methods of collecting and disposing of solid waste and processing
and recovering materials and energy from solid wastes;
"(7) the identification of solid waste components and potential
materials and energy recoverable from such waste components;
"(8) small scale and low technology solid waste management
systems, including but not limited to, resource recovery source
separation systems;
"(9) methods to improve the performance characteristics of
resources recovered from solid waste and the relationship of such
performance characteristics to available and potentially available
markets for such resources;
"(10) improvements in land disposal practices for solid waste
(including sludge) which may reduce the adverse environmental
effects of such disposal and other aspects of solid waste disposal
on land, including means for reducing the harmful environmental
effects of earlier and existing landfills, means for restoring areas
damaged by such earlier or existing landfills, means for rendering
landfills safe for purposes of construction and other uses, and
techniques of recovering materials and energy from landfills;
"(11) methods for the sound disposal of, or recovery of
resources, including energy, from, sludge (including sludge from
pollution control and treatment facilities, coal slurry pipelines,
and other sources);
"(12) methods of hazardous waste management, including
methods of rendering such waste environmentally safe; and
"(13) any adverse effects on air quality (particularly with
-------
90 STAT. 2830 PUBLIC LAW 94-580—OCT. 21, 1976
regard to the emission of heavy metals) which result from solid
waste which is burned (either alone or in conjunction with other
substances) for purposes of treatment, disposal or energy recovery.
"(b) MANAGEMENT PROGRAM.— (1)(A) In carrying out his func-
tions pursuant to this Act, and any other Federal legislation respecting
solid waste or discarded material research, development, and demon-
strations, the Administrator shall establish a management program or
system to insure the coordination of all such activities and to facilitate
and accelerate the process of development of sound new technology (or
other discoveries) from the research phase, through development, and
into the demonstration phase.
"(B) The Administrator shall (i) assist, on the basis of any
research projects which are developed with assistance under this Act
or without Federal assistance, the construction of pilot plant facilities
for the purpose of investigating or testing the technological feasibility
of any promising new fuel, energy, or resource recovery or resource
conservation method or technology; and (ii) demonstrate each such
method and technology that appears justified by an evaluation at such
pilot plant stage or at a pilot plant stage developed without Federal
assistance. Each such demonstration shall incorporate new or innova-
tive technical advances or shall apply such advances to different
circumstances and conditions, for the purpose of evaluating design
concepts or to test the performance, efficiency, and economic feasibility
of a particular method or technology under actual operating condi-
tions. Each such demonstration shall be so planned and designed that,
if successful, it can be expanded or utilized directly as a full-scale
operational fuel, energy, or resource recovery or resource conservation
facility.
"(2) Any energy-related research, development, or demonstration
project for the conversion including bioconversion, of solid waste car-
ried out by the Environmental Protection Agency or by the Energy
Research and Development Administration pursuant to this or any
other Act shall be administered in accordance with the May 7, 1976,
Interagency Agreement between the Environmental Protection
Agency and the Energy Research and Development Administration
on the Development of Energy from Solid Wastes and specifically,
that in accordance with this agreement, (A) for those energy-related
projects of mutual interest, planning will be conducted jointly by
the Environmental Protection Agency and the Energy Research and
Development Administration, following which project responsibility
will be assigned to one agency; (B) energy-related portions of proj-
ects for recovery of synthetic fuels or other forms of energy from
solid waste shall be the responsibility of the Energy Research and
Development Administration; (C) the Environmental Protection
Agency shall retain responsibility for the environmental, economic,
and institutional aspects of solid waste projects and for assurance that
such projects are consistent with any applicable suggested guidelines
published pursuant to section 1008, and any applicable State or
regional solid waste management plan; and (D) any activities under-
taken under provisions of sections 8002 and 8003 as related to energy;
as related to energy or synthetic fuels recovery from waste; or as
related to energy conservation shall be accomplished through coordina-
tion and consultation with the Energy Research and Development
Administration.
"(c) AUTHORITIES.— (1) In carrying out subsection (a) of this sec-
tion respecting solid waste research, studies, development, and demon-
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2831
stration, except as otherwise specifically provided in section 8004(d),
the Administrator may make grants to or enter into contracts (includ-
ing contracts for construction) with, public agencies and authorities
or private persons.
"(2) Contracts for research, development, or demonstrations or for
both (including contracts for construction) shall be made in accord-
ance 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 cer-
tification required thereby shall be made by the Administrator.
"(3) Any invention made or conceived in the course of, or under,
any contract under this Act shall be subject to section 9 of the Federal
Nonnuclear Energy Research and Development Act of 1974 to the 42 USC 5908.
same extent and in the same manner as inventions made or conceived
in the course of contracts under such Act, except that in applying such
section, the Environmental Protection Agency shall be substituted for
the Energy Research and Development Administration and the words
'solid waste' shall be substituted for the word 'energy' where
appropriate.
" (4) For carrying out the purpose of this Act the Administrator Detail of
may detail personnel of the Environmental Protection Agency to ^PA personnel to
agencies eligible for assistance under this section. er "S6110168-
"SPECIAL STUDIES; PLANS FOR RESEARCH, DEVELOPMENT, AND
DEMONSTRATIONS
"SEC. 8002. (a) GLASS AND PLASTIC.—The Administrator shall 42 USC 6982.
undertake a study and publish a report on resource recovery from glass
and plastic waste, including a scientific, technological, and economic
investigation of potential solutions to implement such recovery.
"(b) COMPOSITION OF WASTE STREAM.—The Administrator shall
undertake a systematic study of the composition of the solid waste
stream and of anticipated future changes in the composition of such
stream and shall publish a report containing the results of such study
and quantitatively evaluating the potential utility of such components.
"(c) PRIORITIES STUDY.—For purposes of determining priorities for
research on recovery of materials and energy from solid waste and
developing materials and energy recovery research, development, and
demonstration strategies, the Administrator shall review, and make a
study of, the various existing and promising techniques of energy
recovery from solid waste (including, but not limited to, waterwall
furnace incinerators, dry shredded fuel systems, pyrolysis, densifiesd
refuse-derived fuel systems, anerobic digestion, and fuel and feedstock
preparation systems). In carrying out such study the Administrator
shall investigate with respect to each such technique—-
"(1) the degree of public need for the potential results of such
research, development, or demonstration,
"(2) the potential for research, development, and demonstra-
tion without Federal action, including the degree of restraint on
such potential posed by the risks involved, and
"(3) the magnitude of effort and period of time necessary to
develop the technology to the point where Federal assistance can
be ended.
"(d) SMALL-SCALE AND Low TECHNOLOGY STUDY.—The Adminis-
trator shall undertake a comprehensive study and analysis of, arid
publish a report on, systems of small-scale and low technology solid
-------
90 STAT. 2832 PUBLIC LAW 94-580—OCT. 21, 1976
waste management, including household resource recovery and
resource recovery systems which have special application to multiple
dwelling units and high density housing and office complexes. Such
study and analysis shall include an investigation of the degree to
which such systems could contribute to energy conservation.
"(e) FRONT-END SOURCE SEPARATION.—The Administrator shall
undertake research and studies concerning the compatibility of front-
end source separation systems with high technology resource recovery
systems and shall publish a report containing the results of such
research and studies.
"(f) MINING WASTE.—The Administrator, in consultation with the
Secretary of the Interior, shall conduct a detailed and comprehensive
study on the adverse effects of solid wastes from active and abandoned
surface and underground mines on the environment, including, but
not limited to, the effects of such wastes on humans, water, air, health,
welfare, and natural resources, and on the adequacy of means and
measures currently employed by the mining industry, Government
agencies, and others to dispose of and utilize such solid wastes and to
prevent or substantially mitigate such adverse effects. Such study shall
include an analysis of—
"(1) the sources and volume of discarded material generated
per year from mining ;
" (2) present disposal practices;
"(3) potential dangers to human health and the environment
from surface runoff of leachate and air pollution by dust;
"(4) alternatives to current disposal methods;
"(5) the cost of those alternatives in terms of the impact on
mine product costs; and
"(6) potential for use of discarded material as a secondary
source of the mine product.
In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal agencies
concerning such wastes with a view toward avoiding duplication of
effort and the need to expedite such study. The Administrator shall
publish a report of such study and shall include appropriate findings
and recommendations for Federal and non-Federal actions concern-
ing such effects.
"(g) SLUDGE.—The Administrator shall undertake a comprehensive
study and publish a report on sludge. Such study shall include an
analysis of—
"(1) what types of solid waste (including but not limited to
sewage and pollution treatment residues and other residues from
industrial operations such as extraction of oil from shale.liquefac-
tion and gasification of coal and coal slurry pipeline operations)
shall be classified as sludge;
"(2) the effects of air and water pollution legislation on the
creation of large volumes of sludge ;
"(3) the amounts of sludge originating in each State and in
each industry producing sludge;
"(4) methods of disposal of such sludge, including the cost,
efficiency, and effectiveness of such methods;
"(5) alternative methods for the use of sludge, including agri-
cultural applications of sludge and energy recovery from sludge;
and
"(6) methods to reclaim areas which have been used for the
disposal of sludge or which have been damaged by sludge.
-------
PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2833
" (h) TIRES.—The Administrator shall undertake a study and pub-
lish a report respecting discarded motor vehicle tires which shall
include an analysis of the problems involved in the collection, recov-
ery of resources including energy, and use of such tires.
"(i) RESOURCE RECOVERY FACILITIES.—The Administrator shall con-
duct research and report on the economics of, and impediments, to the
effective functioning of resource recovery facilities.
"(j) RESOURCE CONSERVATION COMMITTEE.—(1) The Administrator
shall serve as Chairman of a Committee composed of himself, the
Secretary of Commerce, the Secretary of Labor, the Chairman of the
Council on Environmental Quality, the Secretary of Treasury, the
Secretary of the Interiorjthe Secretary of Energy, the Chairman of the
Council of Economic Advisors, and a representative of the Office of Man-
agement and Budget, which shall conduct a full and complete investi-
gation and study of all aspects of the economic, social, and
environmental consequences of resource conservation with respect t<>—
"(A) the appropriateness of recommended incentives and dis-
incentives to foster resource conservation;
"(B) the effect of existing public policies (including subsidies
and economic incentives and disincentives, percentage depletion
allowances, capital gains treatment and other tax incentives and
disincentives) upon resource conservation, and the likely effect
of the modification or elimination of such incentives and disin-
centives upon resource conservation;
"(C) the appropriateness and feasibility of restricting the
manufacture or use of categories of consumer products as a
resource conservation strategy;
"(D) the appropriateness and feasibility of employing as a
resource conservation strategy the imposition of solid waste man-
agement charges on consumer products, which charges would
reflect the costs of solid waste management services, litter pickup,
the value of recoverable components of such product, final dis-
posal, and any social value associated with the nonrecycling or
uncontrolled disposal of such product; and
"(E) the need for further research, development, and demon-
stration in the area of resource conservation.
"(2) The study required in paragraph (1XD) may include pilot
scale projects, and shall consider and evaluate alternative strategies
with respect to—-
"(A) the product categories on which such charges would be
imposed;
"(B) the appropriate state in the production of such consumer
product at which to levy such charge;
"(C) appropriate criteria for establishing such charges for
each consumer product category;
"(D) methods for the adjustment of such charges to reflect
actions such as recycling which would reduce the overall quanti-
ties of solid waste requiring disposal; and
"(E) procedures for amending, modifying, or revising such
charges to reflect changing conditions.
"(3) The design for the study required in paragraph (1) of Study design.
this subsection shall include timetables for the completion of the study.
A preliminary report putting forth the study design shall be sent, to Report to
it T-* * i i i ii - /^ :ii_;_. _; j.i .£—11 *«_ n*.*.*.^ President und
Pilot scale
projects.
the President and the Congress within six months following enact-
ment of this section and followup reports shall be sent six months
thereafter. Each recommendation resulting from the study shall
include at least two alternatives to the proposed recommendation.
Congress.
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90 STAT. 2834
PUBLIC LAW 94-580—OCT. 21, 1976
Report to "(4) The results of such investigation and study, including recom-
President and mendations, shall be reported to the President and the Congress not
Congress. jater tnan two years after enactment of this subsection.
Appropriation "(5) There are authorized to be appropriated not to exceed
authorization. $2,000,000 to carry out this subsection.
"(k) AIRPORT LANDFILLS.—The Administrator shall undertake a
comprehensive study and analysis of and publish a report on systems
to alleviate the hazards to aviation from birds congregating and feed-
ing on landfills in the vicinity of airports.
"(1) COMPLETION OF RESEARCH AND STUDIES.—The Administrator
shall complete the research and studies, and submit the reports,
required under subsections (b), (c), (d), (e), (f), (g), and (k) not
later than October 1, 1978. The Administrator shall complete the
research and studies, and submit the reports, required under sub-
sections (a), (h), and CO not later than October 1, 1979. Upon
completion, each study specified in subsections (a) through (k) of
this section, the Administrator shall prepare a plan for research,
development, and demonstration respecting the findings of the study
and shall submit any legislative recommendations resulting from such
study to appropriate committees of Congress.
"(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated not to exceed $8,000,000 for the fiscal years 1978 and
1979 to carry out this section other than subsection (j).
"COORDINATION, COLLECTION, AND DISSEMINATION OF INFORMATION
42 USC 6983. "SEC. 8003. (a) INFORMATION.—The Administrator shall develop,
collect, evaluate, and coordinate information on—
" (1) methods and costs of the collection of solid waste;
"(2) solid waste management practices, including data on the
different management methods and the cost, operation, and main-
tenance of such methods;
"(3) the amounts and percentages of resources (including
energy) that can be recovered from solid waste by use of
various solid waste management practices and various
technologies;
"(4) methods available to reduce the amount of solid waste
that is generated;
"(5) existing and developing technologies for the recovery of
energy or materials from solid waste and the costs, reliability, and
risks associated with such technologies;
"(6) hazardous solid waste, including incidents of damage
resulting from the disposal of hazardous solid wastes; inherently
and potentially hazardous solid wastes; methods of neutraliz-
ing or properly disposing of hazardous solid wastes; facilities
that properly dispose of hazardous wastes;
"(7) methods of financing resource recovery facilities or, sani-
tary landfills, or hazardous solid waste treatment facilities, which-
ever is appropriate for the entity developing such facility or
landfill (taking into account the amount of solid waste reasonably
expected to be available to such entity);
"(8) the availability of markets for the purchase of resources,
either materials or energy, recovered from solid waste; and
"(9) research and development projects respecting solid waste
management.
-------
PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2835
" (b) LIBRARY.—(1) The Administrator shall establish and maintain
a central reference library for (A) the materials collected pursuant to
subsection (a) of this section and (B) the actual performance and cost
effectiveness records and other data and information with respect to—
" (i) the various methods of energy and resource recovery from
solid waste,
"(ii) the various systems and means of resource conservation,
"(iii) the various systems and technologies for collection, trans-
port, storage, treatment, and final disposition of solid waste, and
"(iv) other aspects of solid waste and hazardous solid waste
management.
Such central reference library shall also contain, but not be limited to,
the model codes and model accounting systems developed under this
section, the information collected under subsection (d), and, subject
to any applicable requirements of confidentiality, information respect-
ing any aspect of solid waste provided by officers and employees of the
Environmental Protection Agency which has been acquired by them in
the conduct of their functions under this Act and which may be of
value to Federal, State, and local authorities and other persons.
" (2) Information in the central reference library shall, to the extent
practicable, be collated, analyzed, verified, and published and shall hie
made available to State and local governments and other persons at
reasonable times and subject to such reasonable charges as may be
necessary to defray expenses of making such information available.
" (c) MODEL. ACCOUNTING SYSTEM.—In order to assist State and local
governments in determining the cost and revenues associated with the
collection and disposal of solid waste and with resource recovery oper-
ations, the Administrator shall develop and publish a recommended
model cost and revenue accounting system applicable to the solid waste
management functions of State and local governments. Such system
shall be in accordance with generally accepted accounting principles.
The Administrator shall periodically, but not less frequently than once
every five years, review such accounting system and revise it as
necessary.
"(d) MODEL CODES.—The Administrator is authorized, in coopera-
tion with appropriate State and local agencies, to recommend model
codes, ordinances, and statutes, providing for sound solid waste
management.
"(e) INFORMATION PROGRAMS.—(1) The Administrator shall imple-
ment a program for the rapid dissemination of information on solid
waste management, hazardous waste management, resource conserva-
tion, and methods of resource recovery from solid waste, including the
results of any relevant research, investigations, experiments, surveys,
studies, or other information which may be useful in the implementa-
tion of new or improved solid waste management practices and meth-
ods and information on any other technical, managerial, financial, or
market aspect of resource conservation and recovery facilities.
"(2) The Administrator shall develop and implement educational
programs to promote citizen understanding of the need for environ-
mentally sound solid waste management practices.
"(f) COORDINATION.—In collecting and disseminating information
under this section, the Administrator shall coordinate his actions and
cooperate to the maximum extent possible with State and local
authorities.
"(g) SPECIAL RESTRICTION.—Upon request, the full range of alter-
native technologies, programs or processes deemed feasible to meet the
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90 STAT. 2836 PUBLIC LAW 94-580—OCT. 21, 1976
resource recovery or resource conservation needs of a jurisdiction shall
be described in such a manner as to provide a sufficient evaluative
basis from which the jurisdiction can make its decisions, but no officer
or employee of the Environmental Protection Agency shall, in an
official capacity, lobby for or otherwise represent an agency position
in favor of resource recovery or resource conservation, as a policy
alternative for adoption into ordinances, codes, regulations, or law by
any State or political subdivision thereof.
"FULL-SCALE DEMONSTRATION FACILITIES
42 USC 6984. "SEC. 8004. (a) AUTHORITY.—The Administrator may enter into con-
tracts with public agencies or authorities or private persons for the
construction and operation of a full-scale demonstration facility under
this Act, or provide financial assistance in the form of grants to a full-
scale demonstration facility under this Act only if the Administrator
finds that—
" (1) such facility or proposed facility will demonstrate at full
scale a new or significantly improved technology or process, a
practical and significant improvement in solid waste man-
agement practice, 6r the technological feasibility and cost effec-
tiveness of an existing, but unproven technology, process, or
practice, and will not duplicate any other Federal, State, local,
or commercial facility which has been constructed or with respect
to which'construction has begun (determined as of the date action
is taken by the Administrator under this Act),
"(2) such contract or assistance meets the requirements of
section 8001 and meets other applicable requirements o.f the Act,
"(3) such facility will be able to comply with the guidelines
published under section 1008 and with other laws and regulations
for the protection of health and the environment,
" (4) in the case of a contract for construction or operation, such
facility is not likely to be constructed or operated by State, local,
or private persons or in the case of an application for financial
assistance, such facility is not likely to receive adequate financial
assistance from other sources, and
"(5) any Federal interest in, or assistance to, such facility will
be disposed of or terminated, with appropriate compensation,
within such period of time as may be necessary to carry out the
basic objectives of this Act.
" (b) TIME LIMITATION.—No obligation may be made by the Admin-
istrator for financial assistance under this subtitle for any full-scale
demonstration facility after the date ten years a,fter the enactment
of this section. No expenditure of funds for any such full-scale demon-
stration facility under this subtitle may be made by the Administrator
after the date fourteen years after such date of enactment.
"(c) COST SHARING.—Wherever practicable, in constructing, oper-
ating, or providing financial assistance under this subtitle to a full-
scale demonstration facility, the Administrator shall endeavor to
enter into agreements and make other arrangements for maximum
practicable cost sharing with other Federal, State, and local agencies,
private persons, or any combination thereof.
"(2) The Administrator shall enter into arrangements, wherever
practicable and desirable, to provide monitoring of full-scale solid
waste facilities (whether or not constructed or operated under this
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2837
Act) for purposes of obtaining information concerning the perform-
ance, and other aspects, of such facilities. Where the Administrator
provides only monitoring and evaluation instruments or personnel
(or both) or funds for such instruments or personnel and provides
no other financial assistance to a facility, notwithstanding section
8001 (c) (3), title to any invention made or conceived of in the course
of developing, constructing, or operating such facility shall not be
required to vest in the United States and patents respecting such
invention shall not be required to be issued to the United States.
"(d) PROHIBITION.—After the date of enactment of this section,
the Administrator shall not construct or operate any full-scale facility
(except by contract with public agencies or authorities or private
persons).
ENERGY AND MATERIALS
"SEC. 8005. (a) STUDIES.—The Administrator shall conduct studies 42 USC 6985.
and develop recommendations for administrative or legislative action
on—
"(l)means of recovering materials and energy from solid
waste, recommended uses of such materials and energy for
national or international welfare, including identification o.f
Sotential markets for such recovered resources, the impact of
istribution of such resources on existing markets, and potentials
for energy conservation through resource conservation and
resource recovery;
"(2) actions to reduce waste generation which have been taken
voluntarily or in response to governmental action, and those
which practically could be taken in the future, and the economic,
social, and environmental consequences of such actions;
"(3) methods of collection, separation, and containerization
which will encourage efficient utilization of facilities and con-
tribute to more effective programs of reduction, reuse, or disposal
of wastes;
" (4) the use of Federal procurement to develop market demand
for recovered resources;
"(5) recommended incentives (including Federal grants, loans,
and other assistance) and disincentives to accelerate the reclama-
tion or recycling of materials from solid wastes, with special
emphasis on motor vehicle hulks;
"(6) the effect of existing public policies, including subsidies
and economic incentives and disincentives, percentage depletion
allowances, capital gains treatment and other tax incentives and
disincentives, upon the recycling and reuse of materials, and
the likely effect of the modification or elimination o.f such incen-
tives and disincentives upon the reuse, recycling and conservation
of such materials;
"(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other manufac-
tured goods, which charges would reflect the cost of final disposal,
the value of recoverable components of the item, and any social
costs associated with nonrecycling or uncontrolled disposal of
such items; and
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90 STAT. 2838 PUBLIC LAW 94-580—OCT. 21, 1976
"(8) the legal constraints and institutional barriers to the
acquisition of land needed for solid waste management, including
land for facilities and disposal sites;
"(9) in consultation with the Secretary of Agriculture, agri-
cultural waste management problems and practices, the extent
of reuse and recovery of resources in such wastes, the prospects
for improvement, Federal, State, and local regulations governing
such practices, and the economic, social, and environmental con-
sequences of such practices; and
"(10) in consultation with the Secretary of the Interior, mining
waste management problems, and practices, including an assess-
ment of existing authorities, technologies, and economics, and the
environmental and public health consequences o.f such practices.
"(b) DEMONSTRATION.—The Administrator is also authorized to
carry out demonstration projects to test and demonstrate methods and
techniques developed pursuant to subsection (a).
"(c) APPLICATION OF OTHER SECTIONS.—Section 8001 (b) and (c)
shall be applicable to investigations, studies, and projects carried out
under this section.
"GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID
WASTE DISPOSAL FACILITIES
42 USC 6986. "SEC. 8006. (a) AUTHORITY.—The Administrator is authorized to
make grants pursuant to this section to any State, municipal, or inter-
state or intennunicipal agency for the demonstration of resource recov-
ery systems or for the construction of new or improved solid waste
disposal facilities.
(b) CONDITIONS.—(1) Any grant under this section for the dem-
onstration of a resource recovery system may be made only if it (A)
is consistent with any plans which meet the requirements of subtitle
D of this Act; (B) is consistent with the guidelines recommended
pursuant to section 1008 of this Act; (C) is designed to provide area-
wide resource recovery systems consistent with the purposes of this
Act, as determined by the Administrator, pursuant to regulations
promulgated under subsection (d) of this section; and (D) provides
an equitable system for distributing the costs associated with con-
struction, operation, and maintenance of any resource recovery system
among the users of such system.
"(2) The Federal share for any project to which paragraph (1)
applies shall not be more than 75 percent.
"(c) LIMITATIONS.—(1) A grant under this section for the construc-
tion of a new or improved solid waste disposal facility may be made
only if—
"(A) a State or interstate plan for solid waste disposal has
been adopted which applies to the area involved, and the facility
to be constructed (i) is consistent with such plan, (ii) is included
in a comprehensive plan for the area involved which is satisfactory
to the Administrator for the purposes of this Act, and (iii) is
consistent with the guidelines recommended under section 1008,
and
"(B) the project advances the state of the art by applying new
and improved techniques in reducing the environmental impact
of solid waste disposal, in achieving recovery of energy or
resources, or in recycling useful materials.
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PUBLIC LAW 94-580—OCT. 21, 1976
90 STAT. 2839
"(2) The Federal share for any project to which paragraph (1)
applies shall be not more than 50 percent in the case of a project serv-
ing an area which includes only one municipality, and not more than
75 percent in any other case.
"(d) REGULATIONS.—(1) The Administrator shall promulgate reg- Regulations.
ulations establishing a procedure for awarding grants under this sec-
tion which—
"(A) provides that projects will be carried out in communities
of varying sizes, under such conditions as will assist in solving the
community waste problems of urban-industrial centers, metro-
politan regions, and rural areas, under representative geographic
and environmental conditions; and
"(B) provides deadlines for submission of, and action on, grant
requests.
(2) In taking action on applications for grants under this section,
consideration shall be given by the Administrator (AJ to the public
benefits to be derived by the construction and the propriety of Federal
aid in making such grant; (B) to the extent applicable, to the eco-
nomic and commercial viability of the project (including contractual
arrangements with the private sector to market any resources recov-
ered) ; (C) to the potential of such project for general application
to community solid waste disposal problems; and (D) to the use by
the applicant of comprehensive regional or metropolitan area plan-
ning.
"(e) ADDITIONAL LIMITATIONS.—A grant under this section—
" (1) may be made only in the amount of the Federal share of
(A) the estimated total design and construction costs, plus (B.)
in the case of a grant to which subsection (b)(l) applies, the
first-year operation and maintenance costs;
"(2) may not be provided for land acquisition or (except as
otherwise provided in paragraph (1) (B)) for operating or main-
tenance costs;
"(3) may not be made until the applicant has made provision
satisfactory to the Administrator for proper and efficient opera-
tion and maintenance of the project (subject to paragraph (1)
(B)); and
"(4) may be made subject to such conditions and requirements,
in addition to those provided in this section, as the Administrator
may require to properly carry out his functions pursuant to this
Act.
For purposes of paragraph (1), the non-Federal share may be in any
form, including, but not limited to, lands or interests therein needed
for the project or personal property or services, the value of which
shall be determined by the Administrator.
"(f) SINGLE STATE.—(1) Not more than 15 percent of the total of
funds authorized to be appropriated for any fiscal year to carry out
this section shall be granted under this section for projects in any one
State.
"(2) The Administrator shall prescribe by regulation the manner Regulation.
in which this subection shall apply to a grant under this section for
a project in an area which includes all or part of more than one State.
"AUTHORIZATION OF APPROPRIATIONS
"SEC. 8007. There are authorized to be appropriated not to exceed
$35,000,000 for the fiscal year 1978 to carry out the purposes of this
subtitle (except for section 8002).".
42 USC 6987.
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90 STAT. 2840
PUBLIC LAW 94-580—OCT. 21, 1976
Study.
42 USC 6981
note.
Report to
congressional
committees.
Llangollen
Landfill, Del.,
leachate control
research
program.
42 USC 6981
note.
Cooperation with
EPA.
42 USC 6901
note.
BOLD) WASTE CLEANUP ON FEDERAL LANDS IN ALASKA
SEC. 3. (a) The President shall direct such executive departments
or agencies as he may deem appropriate to conduct a studv, in con-
sultation with representatives of the State of Alaska and the appro-
priate Native organizations, to determine the best overall procedures
for removing existing solid waste on Federal lands in Alaska. Such
study shall include, but shall not be limited to, a consideration of—
(1) alternative procedures for removing the solid waste in an
environmentally safe manner, and
(2) the estimated costs of removing the solid waste.
(b) The President shall submit a report of the results together with
appropriate supporting data and such recommendations as he deems
desirable to the Committee on Public Works of the Senate and to the
Committee on Interstate and Foreign Commerce of the House of Rep-
resentatives not later than one year after the enactment of the Solid
Waste Utilization Act of 1976. The President shall also submit, within
six months after the study has been submitted to the committees, rec-
ommended administrative actions, procedures, and needed legislation
to implement such procedures and the recommendations of the study.
SEC. 4. (a) In order to demonstrate effective means of dealing with
contamination of public water supplies by leachate from abandoned or
other landfills, the Administrator of the Environmental Protection
Agency is authorized to provide technical and financial assistance for
a research program to control leachate from the Llangollen Landfill in
New Castle County, Delaware.
(b) The research program authorized by this section shall be
designed by the New Castle County area wide waste treatment manage-
ment program, in cooperation with the Environmental Protection
Agency, to develop methods for controlling leachate contamination
from abandoned and other landfills that may be applied at the Llan-
gollen Landfill and at other landfills throughout the Nation. Such
research program shall investigate all alternative solutions or cor-
rective actions, including—
(1) hydrogeologic isolation of the landfill combined with the
collection and treatment of leachate;
(2) excavation of the refuse, followed by some type of
incineration;
(3) excavation and transportation of the refuse to another land-
fill; and
(4) collection and treatment of contaminated leachate or ground
water.
Such research program shall consider the economic, social, and envi-
ronmental consequences of each such alternative,
(c) The Administrator of the Environmental Protection Agency
shall make available personnel of the Agency, including those of the
Solid and Hazardous Waste Research Laboratory (Cincinnati, Ohio),
and shall arrange for other Federal personnel to be made available,
to provide technical assistance and aid in such research. The Adminis-
trator may provide up to $250,000, of the sums appropriated under
the Solid Waste Disposal Act, to the New Castle County areawide
waste treatment management program to conduct such research,
including obtaining consultant services.
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PUBLIC LAW 94-580—OCT. 21, 1976 90 STAT. 2841
(d) In order to prevent further damage to public water supplies Counter-pumping
during the period of this study, the Administrator of the Environ- program
mental Protection Agency shall provide up to $200,000 in each of fiscal
years 1977 and 1978, of the sums appropriated under the Solid Waste
Disposal Act for the operating costs of a counter-pumping program 42 USC 6901
to contain the leaehute from the Llangollen Landfill. note-
Approved October 21, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94-1491 accompanying H.R. 14496 (Comm. on Interstate and
Foreign Commerce).
SENATE REPORT No. 94-869 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 122 (1976):
June 30, considered and passed Senate.
Sept. 27, considered and passed House, amended, in lieu of H.R. 14496.
Sept. 30, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43:
Oct. 22, Presidential statement.
ft U.S. GOVERNMENT PRINTING OFFICE: 1978—620-007/3730
SW-1. 5
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