THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
m
Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
JANUARY 1973
WILLIAM D. RUCKELSHAUS
Administrator
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ENVIRONMENTAL nyrncT.SiT AGENCY
For sale by the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402. Price: $3.20, domestic postpaid; $2.75, GPO Bookstore
Stock Number 5500-0065
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FOREWORD
It has been said that America is like a gigantic boiler in that once
the fire is lighted, there are no limits to the power it can generate. En-
vironmentally, the fire has been lit!
With a mandate from the President and an aroused public concern over
the environment, we are experiencing a new American Revolution, a
revolution in our way of life. The era which began with the industrial
revolution is over and things will never be quite the same again. We
are moving slowly, perhaps even grudgingly at times, but inexorably
into an age when social, spiritual and aesthetic values will be prized more
than production and consumption. We have reached a point where we
must balance civilization and nature through our technology.
The U.S. Environmental Protection Agency, formed by Reorganiza-
tion Plan No. 3 of 1970, was a major commitment to this new ethic. It
exists and acts in the public's name to ensure that due regard is given
to the environmental consequences of actions by public and private
institutions.
In a large measure, this is a regulatory role, one that encompasses
basic, applied, and effects research; setting and enforcing standards;
monitoring; and making delicate risk-benefit decisions aimed at creating
the kind of world the public desires.
The Agency was not created to harass industry or to act as a shield
behind which man could wreak havoc on nature. The greatest disservice
the Environmental Protection Agency could do to American industry
is to be a poor regulator. The environment would suffer, public trust
would diminish and instead of free enterprise, environmental anarchy
would result.
It was once sufficient that the regulatory process produce wise and
well-founded courses of action. The public, largely indifferent to regulatory
activities, accepted agency actions as being for the "public convenience
and necessity." Credibility gaps and cynicism make it essential not only
that today's decisions be wise and well-founded but that the public
know this to be true. Certitude, not faith, is de rigueur.
In order to participate intelligently in regulatory proceedings, the
citizen should have access to the information available to the agency.
EPA's policy is to make the fullest possible disclosure of information,
without unjustifiable expense or delay, to any interested party. With
this in mind, the EPA Compilation of Legal Authority was produced
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iv FOREWORD
not only for internal operations of EPA, but as a service to the public,
as we strive together to lead the way, through the law, to preserving
the earth as a place both habitable by and hospitable to man.
WILLIAM D. RUCKELSHAUS
Administrator
U.S. Environmental Protection Agency
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PREFACE
Reorganization Plan No. 3 of 1970 transferred 15 governmental units
to create the U.S. Environmental Protection Agency, along with their
functions and legal authority. Since only the major laws were cited in
the Plan, the Administrator, William D. Ruckelshaus, requested that a
compilation of EPA legal authority be researched and published.
The publication has the primary function of providing a working
document on a permanent basis. Secondary, as per the policy of the
Agency, it will serve as a research tool for the public.
A permanent office in the Office of Legislation has been established to
keep the publication updated by supplements.
It is the hope of EPA that this set will assist in the awesome task of
developing a better environment.
MARY LANE REED WARD GENTRY, J.D.
Assistant Director for Field Operations
Office of Legislation
U.S. Environmental Protection Agency
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ACKNOWLEDGMENT
The idea of producing a compilation of the legal authority of EPA
was conceived and commissioned by William D. Ruckelshaus, Ad-
ministrator of EPA. The production of this compilation involved the
cooperation and effort of numerous sources, both within and outside
the Agency. The departmental libraries at Justice and Interior were
used consistently, therefore we express our appreciation to Marvin P.
Hogan, Librarian, Department of Justice; Arley E. Long, Land & Natural
Resources Division Librarian, Department of Justice; Frederic E. Murray,
Assistant Director, Library Services, Department of the Interior.
For exceptional assistance and cooperation, my gratitude to: Gary
Baise, formerly Assistant to the Administrator, currently Director,
Office of Legislation, who first began with me on this project; A. James
Barnes, Assistant to the Administrator; K. Kirke Harper, Jr., Special
Assistant for Executive Communications; John Dezzutti, Administrative
Assistant, Office of Executive Communications; Roland O. Sorensen,
Chief, Printing Management Branch, and Jacqueline Gouge and Thomas
Green, Printing Management Staff; Ruth Simpkins, Janis Collier, Wm.
Lee Rawls, Peter J. McKenna, James G. Chandler, Jeffrey D. Light,
Randy Mott, Thomas H. Rawls, John D. Whittaker, Linda L. Payne,
John M. Himmelberg, and Dana W. Smith, a beautiful staff who gave
unlimited effort; and to many others, behind the scenes who rendered
varied assistance.
MABY LANE REED WARD GENTRY, J.D.
Assistant Director for Field Operations
Office of Legislation
U.S. Environmental Protection Agency
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INSTRUCTIONS
The goal of this text is to create a useful compilation of the legal
authority under which the U.S. Environmental Protection Agency
operates. These documents are for the general use of personnel of the
EPA in assisting them in attaining the purposes set out by the President
in creating the Agency. This work is not intended and should not be
used for legal citations or any use other than as reference of a general
nature. The author disclaims all responsibility for liabilities growing out
of the use of these materials contrary to their intended purpose. Moreover,
it should be noted that portions of the Congressional Record from the
92nd Congress were extracted from the "unofficial" daily version and are
subject to subsequent modification.
EPA Legal Compilation consists of the Statutes with their legislative
history, Executive Orders, Regulations, Guidelines and Reports. To
facilitate the usefulness of this composite, the Legal Compilation is
divided into the eight following chapters:
A. General E. Pesticides
B. Air F. Radiation
C. Water G. Noise
D. Solid Waste H. International
SOLID WASTE
The chapter labeled "Solid Waste," and colored coded yellow con-
tains the legal authority of the Agency applicable to pollution abate-
ment of solid waste. The majority of statutes and legislative history
appear in full text herein; however, here are several statutes which apply
to other areas of pollution and in that event just the statute will appear
in full text with a reference made to the "General" chapter for legislative
history.
SUBCHAPTERS
Statutes and Legislative History
For convenience, the Statutes are listed throughout the Compilation
by a one-point system, i.e., 1.1, 1.2, 1.3, etc., and Legislative History
begins wherever an alphabet follows the one-point system. Thusly, any
l.la, l.lb, 1.2a, etc., denotes the public laws comprising the 1.1, 1.2
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viii INSTRUCTIONS
statute. Each public law is followed by its legislative history. The legisla-
tive history in each case consists of the House Report, Senate Report,
Conference Report (where applicable), the Congressional Record be-
ginning with the time the bill was reported from committee.
Example:
1.1 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3251 et seq.
(1970).
l.la The Solid Waste Disposal Act, October 20, 1965, P.L. 89-272,
79 Stat. 997.
(1) Senate Committee on Public Works, S. REP. No. 192, 89th
Cong., IstSess. (1965).
(2) House Committee on Interstate and Foreign Commerce, H.R.
REP. No. 899, 89th Cong., 1st Sess. (1965).
(3) Congressional Record, Vol. Ill (1965):
(a) May 18: Considered and passed Senate, pp. 10781-10783;
(b) Sept. 23: Considered in House, p. 24941;
(c) Sept. 24: Considered and passed House, amended, pp.
25049-25073;
(d) Oct. 1: Senate concurred in House amendments, pp.
25848-25851.
1. Ib One-Year Extension of Solid Waste Disposal Authorization, Octo-
ber 15, 1968, P.L. 90-574, Title V, §506, October 15, 1968, 82
Stat. 1013.
You will note that the Congressional Record cited pages are only those
pages dealing with the discussion and/or action taken pertinent to
the section of law applicable to EPA. In the event there is no discussion
of the pertinent section, only action or passage, then the asterisk (*)
is used to so indicate, and no text is reprinted in the compilation. In
regard to the situation where only one section of a public law is applicable,
then only the parts of the report dealing with same are printed in the
compilation.
Secondary Statutes
Many statutes make reference to other laws and rather than have
this manual serve only for major statutes, these secondary statutes
have been included where practical. These secondary statutes are indicated
in the table of contents to each chapter by a bracketed cite to the par-
ticular section of the major act which made the reference.
Citations
The United States Code, being the official citation, is used throughout
the Statute section of the compilation. In four Statutes, a parallel table
to the Statutes at Large is provided for your convenience.
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INSTRUCTIONS
IX
TABLE OF STATUTORY SOURCE
Statutes
1.1 Solid Waste Disposal Act, as amended,
42U.S.C. §3251e«seg. (1970).
1.2 Contracts: Acquisition, Construction or
Furnishing of Test Facilities and Equip-
ment, as amended, 10 U.S.C. §2353
(1956).
1.3 Housing Act of 1954, as amended, 40
U.S.C. §461 (1970).
1.4 Definition of Executive Agency, 5 U.S.C.
§105 (1966).
1.5 Davis-Bacon Act, as amended, 40 U.S.C.
§§276a-276a-5 (1964).
1.6 Reorganization Plan No. 14 of 1950, 64
Stat. 1267 (1950).
1.7 Regulations Governing Contractors and
Subcontractors, as amended, 40 U.S.C.
§276c (1958).
1.8 Amortization of Pollution Control Facili-
ties, as amended, 26 U.S.C. §169 (1969).
1.9 Interest on Certain Government Obliga-
tions, as amended, 26 U.S.C. §103 (1969).
Source
Reorg. Plan No. 3 of 1970.
Referenced to in the Solid Waste
Disposal Act at §3253 (b) (3).
Referenced to in the Solid Waste
Disposal Act at §3254a(a),
§3254a(c).
Referenced in the Solid Waste Dis-
posal Act at §3254e(a)(1).
Referenced to in the Solid Waste
Disposal Act at §3256.
Referenced to in the Solid Waste
Disposal Act at §3265.
Solid Waste Disposal Act, at §3256-
Cited in Reorg. Plan No. 3 of 1970.
Direct reference to Solid Waste Fa-
cilities on Industrial bond-
Executive Orders
The Executive Orders are listed by a two-point system (2.1, 2.2, etc.).
Executive Orders found in General are ones applying to more than one
area of the pollution chapters.
Regulations
The Regulations are noted by a three-point system (3.1, 3.2, etc.).
Included in the Regulations are those not only promulgated by the
Environmental Protection Agency, but those under which the Agency
has direct contact.
Guidelines and Reports
This subchapter is noted by a four-point system (4.1, 4.2, etc.). In
this subchapter is found the statutorily required reports of EPA, pub-
lished guidelines of EPA, selected reports other than EPA's and inter-
departmental agreements of note.
UPDATING
Periodically, a supplement will be sent to the interagency distribution
and made available through the U.S. Government Printing Office in order
to provide an accurate working set of EPA Legal Compilation.
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CONTENTS
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D. SOLID WASTE
1. STATUTES AND LEGISLATIVE HISTORY I
1.1 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3251 et seq.
(1970) 3
l.la The Solid Waste Disposal Act, October 20, 1965, P.L.
89-272, 79 Stat. 997 19
(1) Senate Committee on Public Works, S. REP. No. 192,
89th Cong., 1st Sess. (1965) 25
(2) House Committee on Interstate and Foreign Com-
merce, H.R. REP. No. 899, 89th Cong., 1st Sess.
(1965) 30
(3) Congressional Record, Vol. Ill (1965):
(a) May 18: Considered and passed Senate, pp.
10782-10783
(b) Sept. 23: Considered in House, p. 24941*
(c) Sept. 24: Considered and passed House, amended,
pp. 25049-25054, 25056-25059, 25061-25063,
25065-25066, 25068-25071, 25073 55
(d) Oct. 1: Senate concurred in House amendments,
p. 25851 74
1. Ib One-Year Extension of Solid Waste Disposal Authorization,
October 15, 1968, P.L. 90-574, Title V, §506, October 15,
1968, 82 Stat. 1013 75
(1) House Committee on Interstate and Foreign Com-
merce, H.R. REP. No. 1536, 90th Cong., 2d Sess.
(1968) 75
(2) Senate Committee on Labor and Public Welfare, S.
REP. No. 1454, 90th Cong., 2d Sess. (1968) 76
(3) Committee of Conference, H.R. REP. No. 1924, 90th
Cong., 2d Sess. (1968) 77
(4) Congressional Record, Vol. 114 (1968):
(a) July 27: Amended and passed Senate, p. 23802... 78
(b) Sept. 27: Conference report agreed to in Senate, p.
28601 79
(c) Oct. 1: Conference report agreed to in House, p.
28851 79
* Indicates pertinent section is not discussed—page number provided only for
purposes of completeness.
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xii CONTENTS
Page
1. lo Extension of Solid Waste Disposal Act, July 10, 1970, P.L.
91-316, 84 Stat. 416 80
(1) Senate Committee on Public Works, S. REP. No.
91-941, 91st Cong., 2d Sess. (1970) 80
(2) Congressional Record, Vol. 116 (1970):
(a) June 25: Considered and passed in Senate, pp.
21363-21364 81
(b) June 30: Considered and passed House, p. 22095 _ 82
1. Id The Resource Recovery Act of 1970, October 26, 1970, P.L.
91-512, 84 Stat. 1227 82
(1) House Committee on Interstate and Foreign Com-
merce, H.R. REP. No. 91-1155, 91st Cong., 2d Sess.
(1970) 92
(2) Senate Committee on Public Works, S. REP. No.
91-1034, 91st Cong., 2d Sess. (1970) 110
(3) Committee of Conference, H.R. REP. No. 91-1579,
91st Cong., 2d Sess. (1970) 159
(4) Congressional Record, Vol. 116 (1970):
(a) June 23: Considered and passed House, pp.
20878-20893 177
(b) July 31, Aug. 3: Considered and passed Senate,
amended, pp. 26696-26706, 26942 208
(c) Oct. 7: Senate agreed to conference report, pp.
35511-35516 229
(d) Oct. 13: House agreed (o conference report, pp.
36587-36588 239
1.2 Contracts: Acquisition, Construction, or Furnishing of Test Facili-
ties and Equipment, as amended, 10 U.S.C. §2353 (1956) 242
[Referred to in 42 U.S.C. §3253 (b) (3)]
1. 2a An Act to Revise, Codify, and Enact into Law, Title X of
the United States Code, August 10, 1956, §2353, 70A Stat.
134 243
(1) House Committee on the Judiciary, H.R. REP. No.
970, 84th Cong., 1st Sess. (1955) 244
(2) Senate Committee on the Judiciary, S. REP. No. 2484,
84th Cong., 2d Sess. (1956) 246
(3) Congressional Record:
(a) Vol. 101 (1955), Aug. 1: Amended and passed
House, p. 12719 247
(b) Vol. 102 (1956), July 23: Amended and passed
Senate, p. 13953* 247
(c) Vol. 102 (1956), July 25: House concurs in Senate
amendments, p. 14455*... - 247
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CONTENTS xiii
Page
1.3 Housing Act of 1954, as amended, 40 U.S.C. §461 (1970) 248
[Referred to in 42 U.S.C. §§3254a(a),(c)]
1.3a Housing Act of 1954, August 2, 1954, P.L. 83-566, §701,
68 Stat. 640 257
(1) House Committee on Banking and Currency, H.R.
REP. No. 1429 (parts 1 & 2), 83d Cong., 2d Sess.
(1954) — 258
(2) Senate Committee on Banking and Currency, S. REP.
No. 1472, 83d Cong., 2d Sess. (1954).- 259
(3) Committee of Conference, H.R. REP. No. 2271, 83d
Cong., 2d Sess. (1954) - 260
(4) Congressional Record, Vol. 90 (1954):
(a) April 1, 2: Debated, amended and passed House,
pp. 4367, 4430, 4490* 262
(b) June 3: Debated, amended and passed Senate, pp.
7607, 7609, 7621* 262
(c) July 20: House agrees to conference report, p.
11071* 262
(d) July 28: Senate agrees to conference report, pp.
12333, 12377, 12381* 262
1.3b Housing Act of 1956, August 7, 1956, P.L. 84-1020, Title
III, §§307(d), 308, 70 Stat. 1102 262
(1) House Committee on Banking and Currency, H.R.
REP. No. 2363, 84th Cong., 2d Sess. (1956) 263
(2) Senate Committee on Banking and Currency, S. REP.
No. 2005, 84th Cong., 2d Sess. (1956) 265
(3) Committee of Conference, H.R. REP. No. 2958, 84th
Cong., 2d Sess. (1956) 266
(4) Congressional Record, Vol. 102 (1956):
(a) July 25: Amended and passed House, p. 14468* 267
(b) July 25: Amended and passed Senate, pp. 14430.- 267
(c) July 27: Senate agrees to conference report, p.
15100* 267
(d) July 27: House agrees to conference report, p.
15262* 267
1.3c Housing Act of 1957, July 12, 1957, P.L. 85-104, Title VI,
§606, 71 Stat. 305 268
(1) House Committee on Banking and Currency, H.R.
REP. No. 313, 85th Cong., 1st Sess. (1957).. 268
(2) Senate Committee on Banking and Currency, S. REP.
No. 368, 85th Cong., 1st Sess. (1957)... 269
(3) Committee of Conference, H.R. REP. No. 659, 85th
Cong., 1st Sess. (1957).. 270
(4) Congressional Record, Vol. 103 (1957):
(a) May 8, 9: Debated, amended and passed House,
pp. 6590, 6701, 6912* 271
(b) May 29: Debated, amended and passed Senate,
pp. 8022, 8035* 271
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xiv CONTENTS
Pane
(c) June 28: House agrees to conference report, p.
10558* 271
(d) July 1: Senate agrees to conference report, p.
10659* 271
1.3d Housing Act of 1959, September 23, 1959, P.L. 86-372,
Title IV, §419, 73 Stat. 678 271
(1) Senate Committee on Banking and Currency, S. REP.
No. 924, 86th Cong., 1st Sess. (1959) 273
(2) Congressional Record, Vol. 105 (1959):
(a) Sept. 9: Debated and passed Senate, p. 18756 279
(b) Sept. 10: Passed House, p. 18995* 279
1.3e Area Development Act, May 1, 1961, P.L. 87-27, §15, 75
Stat. 58 279
(1) Senate Committee on Banking and Currency, S. REP.
No. 61, 87th Cong., 1st Sess. (1961) 280
(2) House Committee on Banking and Currency, H.R.
REP. No. 186, 87th Cong., 1st Sess. (1961) 281
(3) Committee of Conference, H.R. REP. No. 256, 87th
Cong., 1st Sess. (1961) 286
(4) Congressional Record, Vol. 107 (1961):
(a) March 15: Debated and passed Senate, pp. 3998,
4017, 4044* 287
(b) March 28, 29: Debated, amended, and passed
House, pp. 5047, 5221, 5254* 287
(c) April 20: Senate concurs in conference report, pp.
6392, 6399* 287
(d) April 26: House concurs in conference report, pp.
6719-6120* 287
1.3f Housing Act of 1961, June 30, 1961, P.L. 87-70, Title III,
§310, 75 Stat. 170 287
(1) Senate Committee on Banking and Currency, S. REP.
No. 281, 87th Cong., 1st Sess. (1961) 289
(2) House Committee on Banking and Currency, H.R.
REP. No. 447, 87th Cong., 1st Sess. (1961) 293
(3) Committee of Conference, H.R. REP. No. 602, 87th
Cong., 1st Sess. (1961) 298
(4) Congressional Record, Vol. 107 (1961):
(a) June 1, 12: Debated, amended and passed Senate,
pp. 9322, 9325 298
(b) June 22: Amended and passed House, pp. 11113,
11125-11127 299
(c) June 28: House agrees to conference report, p.
11510* 304
(d) June 28: Senate agrees to conference report, pp.
11566, 11577* 304
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CONTENTS xv
Page
1.3g Housing Act of 1964, September 2, 1964, P.L. 88-560,
Title III, §§314-317, 78 Stat. 792, 793 304
(1) Senate Committee on Banking and Currency, S. REP.
No. 1265, 88th. Cong., 2d Sess. (1964) 306
(2) House Committee on Banking and Currency, H.R.
REP. No. 1703, 88th Cong., 2d Sess. (1964) 311
(3) Committee of Conference, H.R. REP. No. 1828, 88th
Cong., 2d Sess. (1964) 317
(4) Congressional Record, Vol. 110 (1964):
(a) July 31: Debated, amended and passed Senate, pp.
17584, 17586, 17598-17600 319
(b) Aug. 13: Amended and passed House, p. 19341 324
(c) Aug. 19: Senate agreed to conference report, p.
20376 325
(d) Aug. 19: House agreed to conference report, p.
20195* 325
1.3h Appalachian Regional Development Act of 1965, March 9,
1965, P.L. 89-4, Title II, §213, 79 Stat. 17 325
(1) Senate Committee on Public Works, S. REP. No. 13,
89th Cong., 1st Sess. (1965) 326
(2) House Committee on Public Works, H.R. REP. No.
51, 89th Cong., 1st Sess. (1965) 327
(3) Congressional Record, Vol. Ill (1965):
(a) Feb. 1: Debated and passed Senate, p. 1676 327
(b) March 2: Debated and passed House, p. 3922 328
1.3i Housing and Urban Development Act of 1965, August 10,
1965, P.L. 89-117, Title XI, §1102, 79 Stat. 502 328
(1) House Committee on Banking and Currency, H.R.
REP. No. 365, 89th Cong., 1st Sess. (1965) 329
(2) Senate Committee on Banking and Currency, S. REP.
No. 378, 89th Cong., 1st Sess. (1965) 331
(3) Committee of Conference, H.R. REP. No. 679, 89th
Cong., 1st Sess. (1965) 334
(4) Congressional Record, Vol. Ill (1965):
(a) June 28, 30: Debated, amended and passed House,
pp. 14862, 14877, 15242 337
(b) July 15: Debated, amended and passed Senate, p.
16959* 337
(c) July 26: Senate agrees to conference report, p.
18247* 337
(d) July 27: House agrees to conference report, p.
18394* 337
1.3j Demonstration Cities and Metropolitan Development Act
of 1966, November 3, 1966, P.L. 89-754, Title IV, §406,
Title VI, §604, Title X, §1008, 80 Stat. 1273, 1279, 1286__- 338
(1) Senate Committee on Banking and Currency, S. REP.
No. 1439, 89th Cong., 2d Sess. (1966) 339
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xvi CONTENTS
Page
(2) House Committee on Banking and Currency, H.R.
REP. No. 1931, 89th Cong., 2d Sess. (1966). 340
(3) Committee of Conference, H.R. REP. No. 2301, 89th
Cong., 2d Sess. (1966) 342
(4) Congressional Record, Vol. 112 (1966):
(a) Aug. 18, 19: Debated, amended and passed Senate,
pp. 19858, 19866, 20026, 20030, 20061 * 344
(b) Oct. 13, 14: Debated, amended and passed House,
pp. 26598, 26604, 26937, 26938, 26959-26962,
26969, 26987 344
(c) Oct. 18: Senate concurs in conference report, p.
29357* 346
(d) Oct. 20: House concurs in conference report, p.
28127 346
1.3k Housing and Urban Development Acts, Obsolete Refer-
ences, May 25, 1967, P.L. 90-19, §10(a), 81 Stat. 22 347
(1) Senate Committee on Banking and Currency, S. REP.
No. 56, 90th Cong., 1st Sess. (1967) 347
(2) House Committee on Banking and Currency, H.R.
REP. No. 214, 90th Cong., 1st Sess. (1967) 348
(3) Congressional Record, Vol. 113 (1967):
(a) Feb. 20: Passed Senate, p. 4010* 353
(b) May 15: Passed House, p. 12621* 353
1.31 Appalachian Regional Development Act, Amendments of
1967, October 11, 1967, P.L. 90-103, Title I, §115, 81 Stat.
262 353
(1) Senate Committee on Public Works, S. REP. No. 159,
90th Cong., 1st Sess. (1967) 3.54
(2) House Committee on Public Works, H.R. REP. No.
548, 90th Cong., 1st Sess. (1967) 355
(3) Committee of Conference, H.R. REP. No. 706, 90th
Cong., 1st Sess. (1967) 360
(4) Congressional Record, Vol. 113 (1967):
(a) April 26: Debated, amended and passed Senate, p.
10961* 361
(b) Sept. 13, 14: Debated, amended and passed House,
pp. 25286, 25577, 25620* 361
(c) Sept. 28: House agrees to conference report, p.
27177* 361
(d) Sept. 29: Senate agrees to conference report, p.
27326* 361
1.3m Housing and Urban Development Act of 1968, August 1,
1968, P.L. 90-448, §701, 82 Stat. 526 361
(1) Senate Committee on Banking and Currency, S. REP.
No. 1123, 90th Cong., 2d Sess. (1968) 368
(2) House Committee on Banking and Currency, H.R.
REP. No. 1585, 90th Cong., 2d Sess. (1968) 370
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CONTENTS xvii
Page
(3) Committee of Conference, H.R. REP. No. 1785, 90th
Cong., 2d Sess. (1968) 386
(4) Congressional Record, Vol. 114 (1968):
(a) May 24, 28: Debated, amended and passed Senate,
p. 14952 387
(b) July 10: Amended and passed House, p. 20578. _. 388
(c) July 25: Senate agrees to conference report, p.
23285 388
(d) July 26: House agrees to conference report, p.
23683* 388
1.3n Housing and Urban Development Act of 1969, December
24, 1969, P.L. 91-152, Title III, §302, 83 Stat. 391 389
(1) Senate Committee on Banking and Currency, S. REP.
No. 91-392, 91st Cong., 1st Sess. (1969) 389
(2) House Committee on Banking and Currency, H.R.
REP. No. 91-539, 91st Cong., 1st Sess. (1969) 390
(3) Committee of Conference, H.R. REP. No. 91-740,
91st Cong., 1st Sess. (1969) 393
(4) Congressional Record, Vol. 115 (1969):
(a) Sept. 23: Debated, amended and passed Senate,
pp. 26702, 26705, 26709-26711, 26726 394
(b) Oct. 23: Amended and passed House, p. 31238 397
(c) Dec. 12: Senate agrees to conference report, p.
38624* 397
(d) Dec. 12: House agrees to conference report, p.
38773* 397
1.3o Technical Amendments of the Housing Act of 1954, Decem-
ber 31, 1970, P.L. 91-606, Title III, §301 (a), 84 Stat. 1758. 398
(1) Senate Committee on Public Works, S. REP. No.
91-1157, 91st Cong., 2d Sess. (1970) '. 398
(2) House Committee on Public Works, H.R. REP. No.
91-1524, 91st Cong., 2d Sess. (1970) 399
(3) Committee of Conference, H.R. REP. No. 91-1752,
91st Cong., 2d Sess. (1970) 399
(4) Congressional Record, Vol. 116 (1970):
(a) Sept. 9: Amended and passed Senate, p. 31058*.. 400
(b) Oct. 5: Amended and passed House, p. 34798*... 400
(c) Dec. 15, 17: House agrees to conference report,
pp. 41523, 42212* 400
(d) Dec. 18: Senate agrees to conference report, p.
42365* 400
1. 3p Model Cities and Metropolitan Development Programs,
December 31, 1970, P.L. 91-609, Title III, §302, Title VII,
§§727(e), 735, 84 Stat. 1780, 1803, 1804 400
(1) Senate Committee on Banking and Currency, S. REP.
No. 91-1216, 91st Cong., 2d Sess. (1970) 402
(2) House Committee on Banking and Currency, H.R.
REP. No. 91-1556, 91st Cong., 2d Sess. (1970) 406
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xviii CONTENTS
Page
(3) Committee of Conference, H.R. HEP. No. 91-1784,
91st Cong., 2d Sess. (1970) 412
(4) Congressional Record, Vol. 116 (1970):
(a) Dec. 2, 3: Amended and passed House, pp. 39823-
39824 413
(b) Dec. 8: Amended and passed Senate, p. 40459* 415
(c) Dec. 18: Senate agrees to conference report, p.
42438* 415
(d) Dec. 19: House agrees to conference report, p.
42638* 415
1.4 Definition of Executive Agency, 5 TJ.S.C. §105 (1966) [Referred
to in 42 U.S.C. §3254e(a) (1)] 416
1.4a Definition of Executive Agency, September 6, 1966, P.L.
89-554, 80 Stat. 379 417
(1) House Committee on the Judiciary, H.R. REP. No.
901, 89th Cong., 1st Sess. (1965) 417
(2) Senate Committee on the Judiciary, S. REP. No. 1380,
89th Cong., 2d Sess. (1966) 418
(3) Congressional Record, Vol. 112 (1966):
(a) July 25: Passed Senate, pp. 17010-17011* 419
(b) Aug. 11: Passed House, p. 19077* 419
1.5 The Davis-Bacon Act, as amended, 40 U.S.C. §§276a—276a-5
(1954) [Referred to in 40 U.S.C. §3256] (See "General 1.13a-
1.13h" for legislative history) 420
1.6 Reorganization Plan No. 14 of 1950,64 Stat. 1267 (1950) [Referred
to in 42 U.S.C. §3256] 424
1.7 Regulations Governing Contractors and Subcontractors, as
amended, 40 U.S.C. §276c (1958) [Referred to in 42 U.S.C. §3256] 425
1.7a Rates of Pay for Labor, June 13, 1934, P.L. 73-325, §2, 48
Stat. 948 426
(1) Senate Committee on the Judiciary, S. REP. No. 803,
73d Cong., 2d Sess. (1934) 426
(2) House Committee on the Judiciary, H.R. REP. No.
1750, 73d Cong., 2d Sess. (1934). 427
(3) Congressional Record, Vol. 78 (1934):
(a) April 20: Passed Senate, p. 7401* 428
(b) June 7: Passed House, p. 10759*— 428
1.7b Act to Amend Title XVIII, Title XXVIII, and Other
Purposes, May 24, 1949, P.L. 81-72, §134, 63 Stat. 108... 428
(1) House Committee on the Judiciary, H.R. REP. No.
352, Slat Cong., 1st Sess. (1949).- - 429
(2) Senate Committee on the Judiciary, S. REP. No. 303,
81st Cong., 1st Sess. (1949) — 430
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CONTENTS xix
Page
(3) Congressional Record, Vol. 95 (1949):
(a) Aprill4: Passed House, p. 3819* 431
(b) May 6: Amended and passed Senate, p. 5826* 431
(c) May 18: House concurs in Senate amendments, p.
6283* 431
1.7c Small Business Procurement Procedures Act, August 28,
1958, P.L. 85-800, §12, 72 Stat. 967 431
(1) Senate Committee on Government Operations, S. REP.
No. 2201, 85th Cong., 2d Sess. (1958) 432
(2) Congressional Record, Vol. 104 (1958):
(a) Aug. 14: Passed Senate, p. 17539* 433
(b) Aug. 15: Passed House, p. 17908* 433
1.8 Amortization of Pollution Control Facilities, as amended, 26
U.S.C. §169 (1969) (See, "General 1.4a-1.4a(5) (c)" for legisla-
tive history) 433
1.9 Interest on Certain Government Obligations, as amended, 26
U.S.C. §103 (1969) (See, "General 1.9a-1.9d(4) (d)" for legis-
lative history) 437
2. EXECUTIVE ORDERS 445
3. REGULATIONS 449
3.1 State of Government Patent Policy, October 10, 1963, 3 C.F.R.
Supp. 238 (1963)-
3.2 General Provisions Applicable to Grants Under Sections 204, 205,
207, 208 and 210 of the Solid Waste Disposal Act, 42 C.F.R.
0.1-460.15 (1971)
3.3 Grants for Studies, Investigations, Surveys, and Demonstrations
Under Section 204 or 205 of the Solid Waste Disposal Act, 42
C.F.R. §§461.1-461.6 (1971)
3.4 Grants for Research, Investigations, Experiments, Surveys, and
Studies Under Section 204 or 205 of the Solid Waste Disposal Act,
42 C.F.R. §§462.1-462.2 (1971)
3.5 Grants for Planning Under Section 207 of the Solid Waste Dis-
posal Act, 42 C.F.R. §§463.1-463.5 (1971)
3.6 Grants for Resource Recovery Systems and New or Improved
Solid Waste Disposal Facilities Under Section 208 of the Act, 42
C.F.R. §§464.1-464.10 (1971)
3.7 Grants for Training Under Section 204 or 210 of the Solid Waste
Disposal Act, 42 C.F.R. §§465.1-465.5 (1971)
4. GUIDELINES AND REPORTS 453
4.1 State/Interstate Solid Waste Planning Grant Listing, Department
of Health, Education, and Welfare, Public Health Service,
January 1968 455
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xx CONTENTS
Pogt
4.2 Solid Waste Disposal Demonstration or Study and Investigation
Project Grants, Terms, and Conditions, Department of Health,
Education, and Welfare, Public Health Service, National Center
for Urban and Industrial Health, Solid Waste Program, August
1967..- 459
4.3 Solid Waste Disposal Planning Grant, Terms, and Conditions, De-
partment of Health, Education, and Welfare, Public Health
Service, National Center for Urban and Industrial Health, Solid
Waste Program, January 1967 470
4.4 A Solid Waste Program, U.S. Department of Health, Education,
and Welfare, Public Health Service, National Center for Urban
and Industrial Health, Solid Waste Program, February 1968 480
4.5 "Working Agreement Between Health, Education, and Welfare,"
Public Health Service, and Housing and Urban Development,
March 1967 487
4.6 Demonstration Projects, Solid Waste Programs, Department of
Health, Education, and Welfare, Public Health Service, March
1967, and A Supplement of Demonstration Project Abstracts,
Solid Waste Program, March 1967 500
4.7 Summaries of Research and Training Grants in Solid Waste Dis-
posal, U.S. Department of Health, Education, and Welfare, Public
Health Service, January 1967 528
4.8 Composting of Municipal Solid Wastes in the United States, Andrew
W. Briedenbach, Director, Solid Waste Management Research
Staff, U.S. Environmental Protection Agency (1971) 572
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Statutes
and
Legislative
History
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1.1 THE SOLID WASTE DISPOSAL ACT, AS AMENDED
42 U.S.C. §3251 et seq.
Sec.
3251. Congressional findings and declaration of purpose.
3252. Definitions.
3253. Research, demonstrations, training and other activities.
(a) Authority of Secretary to conduct; encouragement, etc., of
public and private agencies in the conduct of.
(b) Collection and dissemination of information; cooperation with
public or private agencies; grants-in-aid; contracts.
(c) Provision of grants or contracts too insure availability of in-
formation, uses, processes and patents; use of and adher-
ence to Statement of Government Patent Policy.
(d) Limitation on grants.
3253a. Recovery of useful energy and materials.
(a) Special study; report to the President and the Congress.
(b) Demonstration projects.
(c) Applicability of other sections.
3254. Encouragement of interstate and interlocal cooperation.
3254a. Grants for State, interstate, and local planning.
(a) Authorization.
(b) Application; contents.
(c) Coordination of solid waste disposal planning with other plan-
ning activities.
3254b. Grants for resource recovery systems and improved solid waste dis-
posal facilities.
(a) Authorization.
(b) Conditions of grant for the demonstration of a resource recov-
ery system; Federal share.
(c) Conditions of grant for construction of solid waste disposal
facility; Federal share.
(d) Establishment of procedure for awarding grants; considera-
tions in making grants.
(e) Terms and conditions; non-Federal share.
(f) Limitation on grants.
3254c. Recommendation by Secretary of guidelines; publication in Federal
Register; recommendation by Secretary of model codes, ordinances,
and statutes; issuance of information to appropriate agencies.
3254d. Grants to or contracts with eligible organization.
(a) Authorization.
(b) Training projects; application; contents.
(c) Investigation and study by Secretary; report to the President
and the Congress.
3254e. Applicability of solid waste disposal guidelines to Executive agencies.
3254f. National disposal sites study for the storage and disposal of hazard-
ous wastes.
3255. Grants to State and interstate agencies for surveys and planning.
(a) Authorization.
(b) Necessity for and contents of application.
(c) Coordination of solid waste disposal planning with other plan-
ning activities.
3256. Labor standards.
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4 LEGAL COMPILATION—SOLID WASTE
Sec.
3257. Authorities and responsibilities under other laws not affected.
3258. Payment of grants.
3259. Authorization of appropriations.
§ 3251. Congressional findings and declaration of purpose
(a) The Congress finds—
(1) that the continuing technological progress and im-
provement in methods of manufacture, packaging, and mar-
keting of consumer products has resulted in an ever-mounting
increase, and in a change in the characteristics, of the mass
of material discarded by the purchaser of such products ;
(2) that the economic and population growth of our Na-
tion, and the improvements in the standard of living enjoyed
by our population, have required increased industrial pro-
duction to meet our needs, and have made necessary the
demolition of old buildings, the construction of new buildings,
and the provision of highways and other avenues of trans-
portation, which, together with related industrial, commer-
cial, 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, inter-
governmental, 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 inefficient and improper methods of disposal of
solid wastes result in scenic blights, create serious hazards
to the public health, including pollution of air and water
resources, accident hazards, and increase in rodent and insect
vectors of disease, have an adverse effect on land values,
create public nuisances, otherwise interfere with community
life and development;
(5) that the failure or inability to salvage and reuse such
materials economically results in the unnecessary waste and
depletion of our natural resources; and
(6) that while the collection and disposal of solid wastes
should continue to be primarily the function of State, re-
gional, and local agencies, the problems of waste disposal as
set forth above have become a matter national in scope and
in concern and necessitate Federal action through financial
and technical assistance and leadership in the development,
demonstration, and application of new and improved methods
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STATUTES AND LEGISLATIVE HISTOKY 5
and processes to reduce the amount of waste and unsalvage-
able materials and to provide for proper and economical
solid-waste disposal practices.
(b) The purposes of this chapter therefore are—
(1) to promote the demonstration, construction, and appli-
cation of solid waste management and resource recovery
systems which preserve and enhance the quality of air, water,
and land resources;
(2) to provide technical and financial assistance to States
and local governments and interstate agencies in the planning
and development of resource recovery and solid waste dis-
posal programs;
(3) to promote a national research and development pro-
gram for improved management techniques, more effective
organizational arrangements, and new and improved methods
of collection, separation, recovery, and recycling of solid
wastes, and the environmentally safe disposal of nonrecover-
able residues;
(4) to provide for the promulgation of guidelines for solid
waste collection, transport, separation, recovery, and disposal
systems and
(5) to provide for training grants in occupations involving
the design, operation, and maintenance of solid waste dis-
posal systems.
Pub.L. 89-272, Title II, § 202, Oct. 20, 1965, 79 Stat. 997, amended
Pub.L. 97-512, Title I, § 101, Oct. 26, 1970, 84 Stat. 1227.
§ 3252. Definitions.
When used in this chapter—
(1) The term "Secretary" means the Secretary of Health, Edu-
cation, and Welfare; except that such term means the Secretary of
the Interior with respect to problems of solid waste resulting from
the extraction, processing, or utilization of minerals or fossil fuels
where the generation, production, or reuse of such waste is or may
be controlled within the extraction, processing, or utilization facil-
ity or facilities and where such control is a feature of the tech-
nology or economy of the operation of such facility or facilities.
(2) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.
(3) The term "interstate agency" means an agency of two or
more municipalities in different States, or an agency established
by two or more States, with authority to provide for the disposal
of solid wastes and serving two or more municipalities located in
different States.
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6 LEGAL COMPILATION—SOLID WASTE
(4) The term "solid waste" means garbage, refuse, and other
discarded solid materials, including solid-waste materials resulting
from industrial, commercial, and agricultural operations, and from
community activities, but does not include solids or dissolved ma-
terial in domestic sewage or other significant pollutants in water
resources, such as silt, dissolved or suspended solids in industrial
waste water effluent, dissolved materials in irrigation return flows
or other common water pollutants.
(5) The term "solid-waste disposal" means the collection, stor-
age, treatment, utilization, processing, or final disposal of solid
waste.
(6) The term "construction", with respect to any project of con-
struction under this chapter, means (A) the erection or building
of new structures and acquisition of lands or interests there, or the
acquisition, replacement, expansion, remodeling, alteration, mod-
ernization, or extension of existing structures, and (B) the acquis-
ition and installation of initial equipment of, or required in
connection with, new or newly acquired structures or the ex-
panded, remodeled, altered, modernized or extended part of exist-
ing structures (including trucks and other motor vehicles, and
tractors, cranes, and other machinery) necessary for the proper
utilization and operations of the facility after completion of the
project; and includes preliminary planning to determine the eco-
nomic 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 neces-
sary for the carrying out of the project, and
(C) the inspection and supervision of the process of carrying out
the project to completion.
(7) The term "municipality" means a city, town, borough,
country, parish, district, or other public body created by or pur-
suant to State law with responsibility for the planning or admin-
istration of solid waste disposal, or an Indian tribe.
(8) The term "intermunicipal agency" means an agency estab-
lished by two or more municipalities with responsibility for plan-
ning or administration of solid waste disposal.
(9) The term "recovered resources" means materials or energy
recovered from solid wastes.
(10) The term "resources recovery system" means a solid waste
management system which provides for collection, separation, re-
cycling, and recovery of solid wastes, including disposal of non-
recoverable waste residues.
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STATUTES AND LEGISLATIVE HISTORY 7
Pub.L. 89-272, Title II, § 203, Oct. 20,1965, 79 Stat. 998, amended
Pub.L. 91-512, Title I, § 102, Oct. 26,1970, 84 Stat. 1228.
§ 3253. Research, demonstrations, training and other activities
—Authority of Secretary to conduct; encouragement, etc., of pub-
lic and private agencies in the conduct of
(a) The Secretary shall conduct, and encourage, cooperate with,
and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies,
and institutions, private agencies and institutions, and individuals
in the conduct of, and promote the coordination of, research, in-
vestigations, experiments, training, demonstrations, surveys, 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 effiects;
(2) the operation and financing of solid waste disposal pro-
grams ;
(3) the reduction of the amount of such waste and unsal-
vageable waste materials;
(4) the development and application of new and improved
methods of collecting and disposing of solid waste and process-
ing and recovering materials and energy from solid wastes;
and
(5) the identification of solid waste components and poten-
tial materials and energy recoverable from such waste com-
ponents.
Collection and dissemination of information: cooperation with public
or private agencies; grants-in-aid; contracts
(b) In carrying out the provisions of the preceding subsection,
the Secretary is authorized to—
(1) collect and make available, through publications and
other appropriate means, the results of, and other informa-
tion pertaining to, such research and other activities, includ-
ing appropriate recommendations in connection therewith;
(2) cooperate with public and private agencies, institu-
tions, and organizations, and with any industries involved, in
the preparation and the conduct of such research and other
activities; and
(3) make grants-in-aid to public or private agencies and
institutions and to individuals for research, training projects,
surveys, and demonstrations (including construction of facili-
ties), and provide for the conduct of research, training, sur-
veys, and demonstrations by contract with public or private
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8 LEGAL COMPILATION—SOLID WASTE
agencies and institutions and with individuals; and such con-
tracts for research or demonstrations or both (including con-
tracts for construction) may be made in accordance with and
subject to the limitations provided with respect to research
contracts of the military departments in section 2353 of
Title 10, except that the determination, approval, and certi-
fication required thereby shall be made by the Secretary.
Provisions of grants or contracts to insure availability of information, uses,
processes and patents; use of and adherence to Statement of Government
Patent Policy
(c) Any grant, agreement, or contract made or entered into
under this section shall contain provisions effective to insure that
all information, uses, processes, patents and other developments
resulting from any activity undertaken pursuant to such grant,
agreement, or contract will be made readily available on fair and
equitable terms to industries utilizing methods of solid-waste dis-
posal and industries engaging in furnishing devices, facilities,
equipment, and supplies to be used in connection with solid-waste
disposal. In carrying out the provisions of this section, the Secre-
tary and each department, agency, and officer of the Federal Gov-
ernment having functions or duties under this chapter shall make
use of and adhere to the Statement of Government Patent Policy
which was promulgated by the President in his Memorandum of
October 10, 1963. (3 CFR, 1963 Supp., p. 238.)
(d) Repealed. Pub.L. 91-512, Title I, § 103(b), Oct. 26, 1970,
84 Stat. 1228.
Pub.L. 89-272, Title II, § 204, Oct. 20, 1965, 79 Stat. 998, amended
Pub.L. 91-512, Title I, § 103, Oct. 26, 1970, 84 Stat. 1228.
§ 3253a. Recovery of useful energy and materials—Special
study; report to the President and the Congress
(a) The Secretary shall carry out an investigation and study to
determine—
(1) means of recovering materials and energy from solid
waste, recommended uses of such materials and energy for
national or international welfare, including identification of
potential markets for such recovered resources, and the im-
pact of distribution of such resources on existing markets;
(2) changes in current product characteristics and produc-
tion and packaging practices which would reduce the amount
of solid waste;
(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;
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STATUTES AND LEGISLATIVE HISTORY 9
(4) the use of Federal procurement to develop market de-
mand for recovered resources;
(5) recommended incentives (including Federal grants,
loans, and other assistance) and disincentives to accelerate
the reclamation or recycling of materials from solid wastes,
with special emphasis on motor vehicle hulks;
(6) the effect of existing public policies, including sub-
sidies 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 elimina-
tion of such incentives and disincentives upon the reuse,
recycling, and conservation of such materials; and
(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other manu-
factured 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 uncon-
trolled disposal of such items.
The Secretary shall from time to time, but not less frequently than
annually, report the results of such investigation and study to the
President and the Congress.
Demonstration projects
(b) The Secretary is also authorized to carry out demonstration
projects to test and demonstrate methods and techniques developed
pursuant to subsection (a) of this section.
Applicability of other sections
(c) Section 3253 (b) and (c) of this title shall be applicable to
investigations, studies, and projects carried out under this section.
Pub.L. 89-272, Title II, § 205, as added Pub.L. 91-512, Title I,
§ 104(a), Oct. 26, 1970, 84 Stat. 1228.
§ 3254. Encouragement of interstate and interlocal cooperation
The Secretary shall encourage cooperative activities by the
States and local governments in connection with solid-waste dis-
posal programs; encourage, where practicable, interstate, inter-
local, and regional planning for, and the conduct of, interstate,
interlocal, and regional solid-waste disposal programs; and encour-
age the enactment of improved and, so far as practicable, uniform
State and local laws governing solid-waste disposal.
Pub.L. 89-272, Title II, § 206 formerly § 205, Oct. 20, 1965, 79
Stat. 999, renumbered Pub.L. 91-512, Title I, § 104(a), Oct. 26,
1970, 84 Stat. 1228.
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10 LEGAL COMPILATION—SOLID WASTE
§ 3254a. Grants for State, interstate, and local planning—
Authorization
(a) The Secretary may from time to time, upon such terms and
conditions consistent with this section as he finds appropriate to
carry out the purposes of this chapter, make grants to State, in-
terstate, municipal, and intermunicipal agencies, and organiza-
tions composed of public officials which are eligible for assistance
under section 461 (g) of Title 40, of not to exceed 66% per centum
of the cost in the case of an application with respect to an area
including only one municipality, and not to exceed 75 per centum
of the cost in any other case, of—
(1) making surveys of solid waste disposal practices and
problems within the jurisdictional areas of such agencies and
(2) developing and revising solid waste disposal plans as
part of regional environmental protection systems for such
areas, providing for recycling or recovery of materials from
wastes whenever possible and including planning for the
reuse of solid waste disposal areas and studies of the effect
and relationship of solid waste disposal practices on areas
adjacent to waste disposal sites,
(3) developing proposals for projects to be carried out
pursuant to section 3254b of this title, or
(4) planning programs for the removal and processing of
abandoned motor vehicle hulks.
Application; contents
(b) Grants pursuant to this section may be made upon applica-
tion therefor which—
(1) designates or establishes a single agency (which may
be an interdepartmental agency) as the sole agency for carry-
ing out the purposes of this section for the area involved;
(2) indicates the manner in which provision will be made
to assure full consideration of all aspects of planning essen-
tial to area-wide planning for proper and effective solid waste
disposal consistent with the protection of the public health and
welfare, including such factors as population growth, urban
and metropolitan development, land use planning, water pollu-
tion control, air pollution control, and the feasibility of re-
gional disposal and resources recovery programs;
(3) sets forth plans for expenditure of such grant, which
plans provide reasonable assurance of carrying out the pur-
poses of this section;
(4) provides for submission of such reports of the activi-
ties of the agency in carrying out the purposes of this section,
in such form and containing such information, as the Secre-
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STATUTES AND LEGISLATIVE HISTORY 11
tary may from time to time find necessary for carrying out
the purposes of this section and for keeping such records and
affording such access thereto as he may find necessary; and
(5) provides for such fiscal-control and fund-accounting
procedures as may be necessary to assure proper disburse-
ment of and accounting for funds paid to the agency under
this section.
Coordination of solid waste disposal planning
with other planning activities
(c) The Secretary shall make a grant under this section only if
he finds that there is satisfactory assurance that the planning of
solid waste disposal will be coordinated, so far as practicable, with
and not duplicate other related State, interstate, regional, and
local planning activities, including those financed in part with
funds pursuant to section 461 of Title 40.
Pub.L. 89-272, Title II, § 207, as added Pub.L. 91-512, Title I,
§ 104 (b), Oct. 26, 1970, 84 Stat. 1229.
§ 3254b. Grants for resource recovery systems and improved
solid waste disposal facilities—Authorization
(a) The Secretary is authorized to make grants pursuant to
this section to any State, municipal, or interstate or intermunicipal
agency for the demonstration of resource recovery systems or for
the construction of new or improved solid waste disposal facilities.
Conditions of grant for the demonstration of a resource
recovery system; Federal share
(b) (1) Any grant under this section for the demonstration of
a resource recovery system may be made only if it (A) is consis-
tent with any plans which meet the requirements of section 3254a
(b) (2) of this title; (B) is consistent with the guidelines recom-
mended pursuant to section 3254c of this title; (C) is designed to
provide areawide resource recovery systems consistent with the
purposes of this chaper, as determined by the Secretary, pursuant
to regulations promulgated under subsection (d) of this section;
and (D) provides an equitable system for distributing the costs
associated with construction, 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.
Conditions of grant for construction of solid waste
disposal facility; Federal share
(c) (1) A grant under this section for the construction of a
new or improved solid waste disposal facility may be made only
if—
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12 LEGAL COMPILATION—SOLID WASTE
(A) a State or interstate plan for solid waste disposal has
been adopted which applies to the area involved, and the facil-
ity 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 Secretary for the purposes of this chap-
ter, and (iii) is consistent with the guidelines recommended
under section 3254c of this title, 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.
(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
serving an area which includes only one municipality, and not
more than 75 percent in any other case.
Establishment of procedure for awarding grants;
considerations in making grants
(d) (1) The Secretary, within ninety days after October 26,
1970, shall promulgate regulations establishing a procedure for
awarding grants under this section which—
(A) provides that projects will be carried out in communi-
ties of varying sizes, under such conditions as will assist in
solving the community waste problems of urban-industrial
centers, metropolitan regions, and rural areas, under repre-
sentative 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 sec-
tion, consideration shall be given by the Secretary (A) 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 economic and commercial viability of the project (including
contractual arrangements with the private sector to market any
resources recovered) ; (C) to the potential of such project for gen-
eral application to community solid waste disposal problems; and
(D) to the use by the applicant of comprehensive regional or
metropolitan area planning.
Terms and conditions; non-Federal share
(e) 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) (1) of
this secti6n applies, the first-year operation and maintenance
costs;
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STATUTES AND LEGISLATIVE HISTORY 13
(2) may not be provided for land acquisition or (except as
otherwise provided in paragraph (1) (B) for operating or
maintenance costs;
(3) may not be made until the applicant has made provi-
sion satisfactory to the Secretary for proper and efficient
operation and maintenance of the project (subject to para-
graph (1) (B));and
(4) may be made subject to such conditions and require-
ments, in addition to those provided in this section, as the
Secretary may require to properly carry out his functions
pursuant to this chapter.
For purposes of paragaph (1), the non-Fedeal 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 Secretary.
Limitation on grants
(f) (1) Not more than 15 percent of the total of funds author-
ized to be appropriated under section 3259 (a) (3) of this title for
any fiscal year to carry out this section shall be granted under this
section for projects in any one State.
(2) The Secretary shall prescribe by regulation the manner in
which this subsection shall apply to a grant under this section for
a project in an area which includes all or part of more than one
State.
Pub.L. 89-272, Title II, § 208, as added Pub.L. 91-512, Title I,
§ 104 (b), Oct. 26, 1970, 84 Stat. 1230.
§ 3254c. Recommendation by Secretary of guidelines; publica-
tion in Federal Register; recommendation by Secretary of model
codes, ordinances, and statutes; issuance of information to appro-
priate agencies
(a) The Secretary shall, in cooperation with appropriate State,
Federal, interstate, regional, and local agencies, allowing for pub-
lic comment by other interested parties, as soon as practicable
after October 26, 1970, recommend to appropriate agencies and
publish in the Federal Register guidelines for solid waste recov-
ery, collection, separation, and disposal systems (including sys-
tems for private use), which shall be consistent with public health
and welfare, and air and water quality standards and adaptable to
appropriate land-use plans. Such guidelines shall apply to such
systems whether on land or water and shall be revised from time
to time.
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14 LEGAL COMPILATION—SOLID WASTE
(b) (1) The Secretary shall, as soon as practicable, recom-
mend model codes, ordinances, and statutes which are designed to
implement this section and the purposes of this chapter.
(2) The Secretary shall issue to appropriate Federal, inter-
state, regional, and local agencies information on technically fea-
sible solid waste collection, separation, disposal, recycling, and
recovery methods, including data on the cost of construction,
operation, and maintenance of such methods.
Pub.L. 89-272, Title II, § 209, as added Pub.L. 91-512, Title I,
§ 104(b), Oct. 26, 1970, 84 Stat. 1232.
§ 3254d. Grants to or contracts with eligible organization—
Authorization
(a) The Secretary is authorized to make grants to, and con-
tracts with, any eligible organization. For purposes of this section
the term "eligible organization" means a State or interstate
agency, a municipality, educational institution, and any other
organization which is capable of effectively carrying out a project
which may be funded by grant under subsection (b) of this
section.
Training projects; application; contents
(b) (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 Secretary, 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 combine training, education, and employment) for train-
ing persons for occupations involving the management, super-
vision, design, operation, or maintenance of solid waste dis-
posal and resource recovery equipment and facilities; or
(B) to train instructors and supervisory personnel to train
or supervise persons in occupations involving the design,
operation, and maintenance of solid waste disposal and re-
source recovery equipment and facilities.
(2) A grant or contract authorized by paragraph (1) of this
subsection may be made only upon application to the Secretary at
such time or times and containing such information as he may
prescribe, except that no such applications shall be approved
unless it provides for the same procedures and reports (and access
to such reports and to other records) as is required by section
3254a(b) (4) and (5) of this title with respect to applications
made under such section.
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STATUTES AND LEGISLATIVE HISTORY 15
Investigation and study by Secretary; report to the
President and the Congress
(c) The Secretary shall make a complete investigation and
study to determine—
(1) the need for additional trained State and local person-
nel to carry out plans assisted under this chapter 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 disposal and
resource recovery field which may limit either available man-
power or the advancement of personnel in such field.
He shall report the results of such investigation and study, includ-
ing his recommendations to the President and the Congress not
later than one year after October 26, 1970.
Pub.L. 89-272, Title II, § 210, as added Pub.L. 91-512, Title I,
§ 104 (b) Oct. 26, 1970, 84 Stat. 1232.
§ 3254e. Applicability of solid waste disposal guidelines to
Executive agencies
(a) (1) If—
(A) an Executive agency (as defined in section 105 of
Title 5) has jurisdiction over any real property or facility
the operation or administration of which involves such agency
in solid waste disposal activities, or
(B) such an agency enters into a contract with any per-
son for the operation by such person of any Federal prop-
erty or facility, and the performance of such contract in-
volves such person in solid waste disposal activities,
then such agency shall insure compliance with the guidelines rec-
ommended under section 3254c of this title and the purposes of
this chapter in the operation 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 chapter in conducting such activity.
(3X "?V.',*> '/>«•:.•' MVP agency v?lt'^\ pf>vrv-,:tr, th« use of Federal
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16 LEGAL COMPILATION—SOLID WASTE
pliance with such guidelines and the purposes of this chapter in
the disposal of such waste.
(4) The President shall prescribe regulations to carry out this
subsection.
(b) 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 Secretary to insure compliance
with guidelines recommended under section 3254c of this title
and the purposes of this chapter.
Pub.L. 89-272, Title II, § 211, as added Pub.L. 91-512, Title I,
§ 104(b), Oct. 26,1970, 84 Stat. 1233.
§ 3254f. National disposal sites study for the storage and dis-
posal of hazardous wastes
The Secretary shall submit to the Congress no later than two
years after October 26, 1970, a comprehensive report and plan
for the creation of a system of national disposal sites for the
storage and disposal of hazardous wastes, including radioactive,
toxic chemical, biological, and other wastes which may endanger
public health or welfare. Such report shall include: (1) a list of
materials which should be subject to disposal in any such site;
(2) current methods of disposal of such materials; (3) recom-
mended methods of reduction, neutralization, recovery, or dis-
posal of such materials; (4) an inventory of possible sites includ-
ing existing land or water disposal sites operated or licensed by
Federal agencies; (5) an estimate of the cost of developing and
maintaining sites including consideration of means for distrib-
uting the short- and long-term costs of operating such sites among
the users thereof; and (6) such other information as may be
appropriate.
Pub.L. 89-272, Title II, § 212, as added Pub.L. 91-512, Title I,
§ 104(b), Oct. 26, 1970, 84 Stat. 1233.
§ 3255. Repealed. Pub.L. 91-512, Title I, § 104(a), Oct. 26, 1970,
84 Stat. 1228
§ 3256. Labor standards
No grant for a project of construction under this chapter 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, will be
paid wages at rates not less than those prevailing on similar work
in the locality as determined by the Secretary of Labor in
accordance with that Act; and the Secretary of Labor shall have
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STATUTES AND LEGISLATIVE HISTORY 17
with respect to the labor standards specified in this section the
authority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 and section 276c of Title 40.
Pub.L- 89-272, Title II, § 213, formerly § 207, Oct. 20, 1965, 79
Stat. 1000, renumbered Pub.L. 91-512, Title I, § 104 (b), Oct. 26,
1970, 84 Stat. 1229.
§ 3257. Authorities and responsibilities under other laws not
affected
This chapter shall not be construed as superseding or limiting
the authorities and responsibilities, under any other provisions of
law, of the Secretary of Health, Education, and Welfare, the Sec-
retary of the Interior, or any other Federal officer, department,
or agency.
Pub.L. 89-272, Title II, § 214, formerly § 208, Oct. 20, 1965, 79
Stat. 1000, renumbered Pub.L. 91-512, Title I, § 104(b), Oct. 26,
1970, 84 Stat. 1229.
§ 3258. General provisions
(a) Payments of grants under this chapter may be made (after
necessary adjustment on account of previously made underpay-
ments or overpayments) in advance or by way of reimbursement,
and in such installments and on such conditions as the Secretary
may determine.
(b) No grant may be made under this chapter to any private
profit-making organization.
Pub.L. 89-272, Title II, § 215, formerly § 209, Oct. 20, 1965, 79
Stat. 1001, renumbered and amended Pub.L. 91-512, Title I,
§ 104(b), (c), Oct. 26, 1970, 84 Stat. 1229, 1233, 1234.
§ 3259. Authorization of appropriations
(a) (1) There are authorized to be appropriated to the Secre-
tary of Health, Education, and Welfare for carrying out the pro-
visions of this chapter (including, but not limited to, section
3254b of this title), not to exceed $41,500,000 for the fiscal year
ending June 30,1971.
(2) There are authorized to be appropriated to the Secretary
of Health, Education, and Welfare to carry out the provisions of
this chapter, other than section 3254b of this title, not to exceed
$72,000,000 for the fiscal year ending June 30, 1972, and not to
exceed $76,000,000 for the fiscal year ending June 30, 1973.
(3) There are authorized to be appropriated to the Secretary
of Health, Education, and Welfare to carry out section 3254b of
this title not to exceed $80,000,000 for the fiscal year ending June
30, 1972, and not to exceed $140,000,000 for the fiscal year end-
ing June 30, 1973.
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18 LEGAL COMPILATION—SOLID WASTE
(b) There are authorized to be appropriated to the Secretary
of the Interior to carry out this chapter not to exceed $8,750,000
for the fiscal year ending June 30, 1971, not to exceed $20,000,000
for the fiscal year ending June 30, 1972, and not to exceed
$22,500,000 for the fiscal year ending June 30, 1973. Prior to
expending any funds authorized to be appropriated by this sub-
section, the Secretary of the Interior shall consult with the Sec-
retary of Health, Education, and Welfare to assure that the
expenditure of such funds will be consistent with the purposes of
this chapter.
(c) Such portion as the Secretary may determine, but not more
than 1 per centum, of any appropriation for grants, contracts,
or other payments under any provision of this chapter for any
fiscal year beginning after June 30, 1970, shall be available for
evaluation (directly, or by grants or contracts) of any program
authorized by this chapter.
(d) Sums appropriated under this section shall remain avail-
able until expended.
Pub.L. 89-272, Title II, § 216, formerly § 210, Oct. 20, 1965, 79
Stat. 1001, amended Pub.L. 90-574, Title V, § 506, Oct. 15, 1968,
82 Stat. 1013, renumbered and amended Pub.L. 91-512, Title I,
§§ 104(b), 105, Oct. 26, 1970, 84 Stat. 1229, 1234.
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l.la THE SOLID WASTE DISPOSAL ACT
October 20, 1965, P.L. 89-272, 79 Stat. 997
TITLE II—SOLID WASTE DISPOSAL
SHORT TITLE
SEC. 201. This title (hereinafter referred to as "this Act") may be
cited as the "Solid Waste Disposal Act".
FINDINGS AND PURPOSES
SEC. 202. (a) The Congress finds—
(1) that the continuing technological progress and improvement
in methods of manufacture, packaging, and marketing of consumer
products has resulted in an ever-mounting increase, and in a change
in the characteristics, of the mass of material 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 popula-
tion, have required increased industrial production to meet our
needs, and have made necessary the demolition of old buildings, the
construction of new buildings, and the provision of highways and
other avenues of transportation, which, together with related
industrial, commercial, and agricultural operations, have resulted
in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in ex-
panding metropolitan and other urban areas has presented these
communities with serious financial, management, intergovern-
mental, and technical problems in the disposal of solid wastes
resulting from the industrial, commercial, domestic, and other
activities carried on in such areas;
(4) that inefficient and improper methods of disposal of solid
wastes result in scenic blights, create serious hazards to the public
health, including pollution of air and water resources, accident
hazards, and increase in rodent and insect vectors of disease, have
an adverse effect on land values, create public nuisances, otherwise
interfere with community life and development;
(5) that the failure or inability to salvage and reuse such materials
economically results in the unnecessary waste and depletion of our
19
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20 LEGAL COMPILATION—SOLID WASTE
natural resources; and
(6) that while the collection and disposal of solid wastes should
continue to be primarily the function of State, regional, and local
agencies, the problems of waste disposal as set forth above have
become a matter national in scope and in concern and necessitate
Federal action through financial and technical assistance and leader-
ship in the development, demonstration, and application of new
and improved methods and processes to reduce the amount of waste
and unsalvageable materials and to provide for proper and economical
solid-waste disposal practices.
(b) The purposes of this Act therefore are—
(1) to initiate and accelerate a national research and development
program for new and improved methods of proper and economic
solid-waste disposal, including studies directed toward the con-
servation of natural resources by reducing the amount of waste
and unsalvageable materials and by recovery and utilization of
potential resources in solid wastes; and
(2) to provide technical and financial assistance to State and local
governments and interstate agencies in the planning, development,
and conduct of solid-waste disposal programs.
[p. 997]
DEFINITIONS
SEC. 203. When used in this Act—
(1) The term "Secretary" means the Secretary of Health, Education,
and Welfare; except that such term means the Secretary of the Interior
with respect to problems of solid waste resulting from the extraction,
processing, or utilization of minerals or fossil fuels where the generation,
production, or reuse of such waste is or may be controlled within the
extraction, processing, or utilization facility or facilities and where such
control is a feature of the technology or economy of the operation of
such facility or facilities.
(2) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
(3) The term "interstate agency" means an agency of two or more
municipalities in different States, or an agency established by two or
more States, with authority to provide for the disposal of solid wastes
and serving two or more municipalities located in different States.
(4) The term "solid waste" means garbage, refuse, and other dis-
carded solid materials, including solid-waste materials resulting from
industrial, commercial, and agricultural operations, and from community
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STATUTES AND LEGISLATIVE HISTORY 21
activities, but does not include solids or dissolved material in domestic
sewage or other significant pollutants in water resources, such as silt,
dissolved or suspended solids in industrial waste water effluents, dissolved
materials in irrigation return flows or other common water pollutants.
(5) The term "solid-waste disposal" means the collection, storage,
treatment, utilization, processing, or final disposal of solid waste.
(6) The term "construction", with respect to any project of construc-
tion under this Act, means (A) the erection or building of new structures
and acquisition of lands or interests therein, or the acquisition, replace-
ment, expansion, remodeling, alteration, modernization, or extension
of existing structures, and (B) the acquisition and installation 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 determine the economic and
engineering feasibility and the public health and safety aspects of the
project, the engineering, architectural, legal, fiscal, and economic in-
vestigations and studies, and any surveys, designs, plans, working drawings,
specifications, and other action necessary for the carrying out of the
project, and (C) the inspection and supervision of the process of carrying
out the project to completion.
RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES
SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate
with, and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies, and
institutions, private agencies and institutions, and individuals in the
conduct of, and promote the coordination of, research, investigations,
experiments, training, demonstrations, surveys, and studies relating to
the operation and financing of solid-waste disposal programs, the develop-
ment and application of new and improved methods of solid-waste disposal
(including devices and facilities therefor),
[p. 998]
and the reduction of the amount of such waste and unsalvageable waste
materials.
(b) In carrying out the provisions of the preceding subsection, the
Secretary is authorized to—
(1) collect and make available, through publications and other
appropriate means, the results of, and other information pertaining
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22 LEGAL COMPILATION—SOLID WASTE
to, such research and other activities, including appropriate rec-
ommendations in connection therewith;
(2) cooperate with public and private agencies, institutions, and
organizations, and with any industries involved, in the preparation
and the conduct of such research and other activities; and
(3) make grants-in-aid to public or private agencies and institu-
tions and to individuals for research, training projects, surveys,
and demonstrations (including construction of facilities), and
provide for the conduct of research, training, surveys, and dem-
onstrations by contract with public or private agencies and institu-
tions and with individuals; and such contracts for research or
demonstrations or both (including contracts for construction) may
be made in accordance with and subject to the limitations provided
with respect to research contracts of the military departments in
respect to research contracts of the military departments in title
10, United States Code, section 2353, except that the determination,
approval, and certification required thereby shall be made by the
Secretary.
(c) Any grant, agreement, or contract made or entered into under
this section shall contain provisions effective to insure that all informa-
tion, uses, processes, patents and other developments resulting from
any activity undertaken pursuant to such grant, agreement, or contract
will be made readily available on fair and equitable terms to industries
utilizing methods of solid-waste disposal and industries engaging in
furnishing devices, facilities, equipment, and supplies to be used in con-
nection with solid-waste disposal. In carrying out the provisions of this
section, the Secretary and each department, agency, and officer of the
Federal Government having functions or duties under this Act shall
make use of and adhere 1o the Statement of Government Patent Policy
which was promulgated by the President in his memorandum of October
10, 1963. (3 CFR, 1 >03 Supp., p. 238).
(d) Not/withstand ng any other provision of this Act, the United
States shall not make any grant to pay more than two-thirds of the cost
of construction of any facility under this Act.
INTERSTATE AND INTERLOCAL COOPERATION
SEC. 205. The Secretary shall encourage cooperative activities by the
States and local governments in connection with solid-waste disposal
programs; encourage, where practicable, interstate, interlocal, and
regional planning for, and the conduct of, interstate, interlocal, and
regional solid-waste disposal programs; and encourage the enactment of
improved and, so far as practicable, uniform State and local laws governing
solid-waste disposal.
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STATUTES AND LEGISLATIVE HISTORY 23
GRANTS FOR STATE AND INTERSTATE PLANNING
SEC. 206. (a) The Secretary may from time to time, upon such terms
and conditions consistent with fhis section as he finds appropriate to
carry out the purposes of this Act, make grants to State and interstate
agencies of not to exceed 50 per centum of the cost of making surveys
of solid-waste disposal practices and problems within the jurisdictional
[p. 999]
areas of such States or agencies, and of developing solid-waste disposal
plans for such areas.
(b) In order to be eligible for a grant under this section the State, or
the interstate agency, must submit an application therefor which—
(1) designates or establishes a single State agency (which may
be an interdepartmental agency) or, in the case of an interstate
agency, such interstate agency, as the sole agency for carrying out
the purposes of this section;
(2) indicates the manner in which provision will be made to
assure full consideration of all aspects of planning essential to state-
wide planning (or in the case of an interstate agency jurisdiction-
wide planning) for proper and effective solid-waste disposal con-
sistent with the protection of the public health, including such
factors as population growth, urban and metropolitan development,
land use planning, water pollution control, air pollution control,
and the feasibility of regional disposal programs;
(3) sets forth its plans for expenditure of such grant, which plans
provide reasonable assurance of carrying out the purposes of this
section;
(4) provides for submission of a final report of the activities of
the State or interstate agency in carrying out the purposes of this
section, and for the submission of such other reports, in such form
and containing such information, as the Secretary may from time to
time find necessary for carrying out the purposes of this section
and for keeping such records and affording such access thereto as
he may find necessary to assure the correctness and verification of
such reports; and
(5) provides for such fiscal-control and fund-accounting procedures
as may be necessary to assure proper disbursement of and accounting
for funds paid to the State or interstate agency under this section.
(c) The Secretary shall make a grant under this section only if he
finds that there is satisfactory assurance that the planning of solid-
waste disposal will be coordinated, so far as practicable, with other
related State, interstate, regional, and local planning activities, including
those financed in part with funds pursuant to section 701 of the Housing
Act of 1954.
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24 LEGAL COMPILATION—SOLID WASTE
LABOR STANDARDS
SEC. 207. No grant for a project of construction under this Act shall
be made unless the Secretary finds that the application contains or is
supported by reasonable assurance that all laborers and mechanics
employed by contractors or subcontractors on projects of the type covered
by the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5), will
be paid wages at rates not less than those prevailing on similar work in
the locality as determined by the Secretary of Labor in accordance with
that Act; and the Secretary of Labor shall have with respect to the labor
standards specified in this section the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C.
133z-15) and section 2 of the Act of June 13, 1934, as amended (40
U.S.C. 176c).
OTHER AUTHORITY NOT AFFECTED
SEC. 208. This Act shall not be construed as superseding or limiting
the authorities and responsibilities, under any other provisions of law,
of the Secretary of Health, Education, and Welfare, the
[p. 1000]
Secretary of the Interior, or any other Federal officer, department, or
agency.
PAYMENTS
SEC. 209. Payments of grants under this Act may be made (after
necessary adjustment on account of previously made underpayments
or overpayments) in advance or by way of reimbursement, and in such
installments and on such conditions as the Secretary may determine.
APPROPRIATIONS
SEC. 210. (a) There is hereby authorized to be appropriated to the
Secretary of Health, Education, and Welfare, to carry out this Act,
not to exceed $7,000,000 for the fiscal year ending June 30, 1966, not
to exceed $14,000,000 for the fiscal year ending June 30, 1967, not to
exceed $19,200,000 for the fiscal year ending June 30, 1968, and not to
exceed $20,000,000 for the fiscal year ending June 30, 1969.
(b) There is hereby authorized to be appropriated to the Secretary
of the Interior, to carry out this Act, not to exceed $3,000,000 for the
fiscal year ending June 30, 1966, not to exceed $6,000,000 for the fiscal
year ending June 30, 1967, not to exceed $10,800,000 for the fiscal year
ending June 30, 1968, and not to exceed $12,500,000 for the fiscal year
ending June 30, 1969.
Approved October 20, 1965, 9:10 a.m.
fp. 1001]
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STATUTES AND LEGISLATIVE HISTORY 25
l.la (1) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 192, 89th Cong., 1st Sess. (1965)
CLEAN AIR ACT AMENDMENTS AND SOLID WASTE
DISPOSAL ACT
MAY 14, 1965—Ordered to be printed
Mr. MUSKIE, from the Committee on Public Works, submitted the
following
REPORT
[To accompany S. 306]
The Committee on Public Works, to whom was referred the bill (S. 306)
to amend the Clean Air Act to require standards for controlling the
emission of pollutants from gasoline-powered or diesel-powered vehicles,
to establish a Federal Air Pollution Control Laboratory, and for other
purposes, having considered the same, report favorably thereon with
amendments and recommend that the bill do pass. The amendments
are indicated in the bill as reported and are shown in linetype and italic.
PURPOSE
*******
[p. 1]
The purpose of title II of S. 306 is to—
(1) Authorize the initiation and acceleration of a national research
and development program for new and improved methods of proper
and economic solid waste disposal, reducing the amount of waste
and unsalvageable material and recovering and utilizing potential
sources of solid waste, and provide technical and financial assistance
to State and local governments and interstate agencies in planning,
developing, construction, and conduct of solid waste disposal
programs.
(2) Provide that not to exceed 25 percent of funds appropriated
for this purpose may be made for grants-in-aid, or to contract with,
public or private agencies and institutions and to individuals for
research and training.
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26 LEGAL COMPILATION—SOLID WASTE
(3) Authorize grants to State, municipality, or intermunicipal or
interstate agency for the purpose of assisting in the development of
any project which will demonstrate a new or improved method of
disposing of solid waste. Up to two-thirds of the cost of any project
approved may be paid from funds appropriated. No more than 12|
percent of appropriations authorized and amended for projects
may be made in any one State. Grantee must have appropriate
ordinances or regulations prohibiting open burning of solid wastes
and provide for enforcement action to insure that beneficial results
will occur. Also, assurances must be given that proper and efficient
operation and maintenance of facility for which funds have been
provided. All of the information, copyrights, uses, processes, patents,
and other developments resulting from activity financed with
Federal funds will be made available to the general public.
(4) Encourage cooperative activities by States and local govern-
ments in connection with solid waste disposal programs, encourage
planning, and encourage the enactment of improved,
[p-2]
and, so far as practicable, uniform State and local laws governing
solid waste disposal.
(5) Authorize up to 10 percent of funds available for the solid
waste disposal program to be used in connection with the grants
for support of air pollution control programs of the Clean Air Act.
Grants would be made in an amount of up to two-thirds of the cost
of making surveys of solid waste disposal practices and problems
within the jurisdictional areas of appropriate agencies, and develop-
ment of solid waste disposal plans. Assurances must be given that
the planning of solid waste disposal will be coordinated with other
related State, interstate, regional, and local planning activities,
including those financed in part with funds pursuant to section 701
of the Housing Act of 1954.
(6) Insure compliance with provisions of the Davis-Bacon Act
for a project constructed under this act.
(7) Authorize to be appropriated $20 million for fiscal year ending
June 30, 1966, and fiscal year ending June 30, 1967, for the solid
waste disposal program and section 104 (d) of the Clean Air Act.
GENERAL STATEMENT
[p. 3]
The committee has learned of the vast amount of solid waste which
has to be disposed of each day. the problem incident to coping with its
o'"-v , P.. id "*!;.•, .'ff'ppt, ." 4,bf! beaHh anr) -'•'*'-•-> ' . - -,, -lo
-------
STATUTES AND LEGISLATIVE HISTORY 27
Consequently, the committee believes that a Federal program of assistance
is essential to stimulate action in this field.
NEED FOR LEGISLATION
[p. 6]
The problem of solid wastes collection and disposal is one of the ne-
glected areas of pollution control. Studies conducted by the American
Public Health Association and the Public Health Service show that
less than half of the cities and towns in the United States with popula-
tions over 2,500 have approved sanitary methods of disposing of the
estimated 90 million tons of refuse they produce each year and which
must be removed and disposed of either through burning, burial, or
conversion into forms of organic matter for final disposition or put to
useful purposes.
State and local programs to stimulate local improvements in solid
wastes storage, collection and disposal are lacking. In 1964, only 12
States reported to the Public Health Service that they had identifiable
solid waste activities, while 31 indicated no program at all.
At the Federal level, activities have been meager in relation to the
size and scope of the problem. Although the Public Health Service has,
for many years, encouraged and supported research on solid waste
problems, its efforts would appear to fall far short of research needs. The
Public Health Service's total expenditure in fiscal year 1964 in this field
was about $430,000, of which $360,000 was used to support research
projects carried out by non-Federal institutions.
MAJOR PROVISIONS OF THE BILL
[p. 7]
Title II—Solid waste disposal
Section 201 designates this title as the "Solid Waste Disposal Act."
Section 202 enumerates the purposes of this act, which are to initiate
and accelerate a national research and development program for new
and improved methods of proper and economic solid waste disposal,
including studies directed toward the conservation of natural resources
by reducing the amount of waste and unsalvageable materials and by
recovery and utilization of potential resources in solid wastes; and
provide technical and financial assistance to State and local governments
and interstate agencies in the planning, development, establishment,
and conduct of solid waste disposal programs.
Section 203 of ihe bill contains definitions relating to solid waste
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28 LEGAL COMPILATION—SOLID WASTE
Section 204 (research, demonstrations, training, and other activities)
provides that the Secretary of Health, Education, and Welfare 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 in-
stitutions, and individuals in the conduct of, and promote the coordina-
tion of, research, investigations, experiments, training, demonstrations,
surveys, and studies relating to the operation and financing of solid-
waste disposal programs, the development and application of new and
improved methods of solid-waste disposal (including devices and facilities
therefor), and the reduction of the amount of such waste and unsalvage-
able waste materials.
In carrying out the provisions of the preceding subsection, the Secretary
is authorized to—
(1) collect and make available, through publications and other
appropriate means, the results of, and other information pertaining
to, such research and other activities, including appropriate recom-
mendations in connection therewith;
[p. 11]
(2) cooperate with public and private agencies, institutions, and
with any industries involved, in the preparation and the conduct
of such research and other activities; and
(3) make grants-in-aid to, or contract with, public or private
agencies and institutions and individuals for research and training
projects, but not in excess of 25 percent of the total amount ap-
propriated for any fiscal year may be obligated for such purposes.
(4) make grants to any State, municipality, or intermunicipal
or interstate agency for the purpose of assisting in the development
(including the construction of facilities) of any project which will
demonstrate a new or improved method of disposing of solid wastes,
except that (A) not more than two-thirds of the cost of any project
approved by the Secretary may be paid from the appropriations
made pursuant to this act; (B) not more than 12J percent of the
appropriations made and expended for this purpose may be expended
in any one State; (C) no grant shall be made to any municipality
that has not enacted or is not subject to, a law, ordinance or other
regulation prohibiting open burning of solid wastes and containing
enforcement procedures insuring that disposal facilities will have
a beneficial effect on reducing air pollution; and (D) no grant shall
be made for any facility until the applicant has made provision
satisfactory to the Secretary to assure the proper and efficient operation
and maintenance of the facility after completion of the construction
thereof; and (E) no grant shall be made to any State, municipality,
-------
STATUTES AND LEGISLATIVE HISTOBY 29
or interstate agency for demonstration projects until the Secretary
of Health, Education, and Welfare has consulted with the appropriate
official as designated by the Governor or Governors.
There is provided that no part of any appropriated funds may be
expanded pursuant to authorization given by this act involving any
scientific or technological research or development activity unless such
expenditure is conditioned upon provisions effective to insure that all
information, copyrights, uses, processes, patents, and other develop-
ments resulting from that activity will be made freely available to the
general public. It is further provided that the owner of any background
patent relating to any such activity shall not be deprived without his
consent, of any right which owner may have under that patent.
Section 205 provides that the Secretary shall encourage cooperative
activities by the States and local governments in connection with solid
waste disposal programs; encourage, where practicable, interstate,
interlocal, and regional planning for, and the conduct of, interstate,
interlocal, and regional solid waste disposal programs; and encourage the
enactment of improved and, so far as practicable, uniform State and
local laws governing solid waste disposal.
Section 206 of the bill provides that not to exceed 10 percent of amounts
appropriated for the solid waste disposal program for any fiscal year
may be used by the Secretary to make grants to State or interstate air
pollution control agencies in any amount up to two-thirds of the cost of
making or arranging for surveys of solid waste disposal practices and
problems within the jurisdictional areas of such agencies, and of developing
solid waste disposal plans for such areas. The Secretary shall make a
grant under this provision only
[p. 12]
if he finds that there is satisfactory assurance that the planning of solid
waste disposal will be coordinated, so far as practicable, with other
related State, interstate, regional, and local planning activities, including
those financed in part with funds pursuant to section 701 of the Housing
Act of 1954.
Section 207 of the bill makes the provision of the Davis-Bacon Act
applicable to grants for projects constructed under the solid waste
disposal program.
Sections 208 and 209 relate to effect on other authority and payments.
Section 210 of the bill authorizes $20 million for fiscal years ending
June 30, 1966, and June 30, 1967, to finance the program of solid waste
disposal and allow not to exceed 10 percent of such funds to provide
grants-in-aid for support of air pollution control programs.
The committee considers the purposes of the Solid Waste Disposal
Act to be one of the most significant steps in improving the health and
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30 LEGAL COMPILATION—SOLID WASTE
welfare of our people since the enactment of the Federal Water Pollution
Control Act and the Clean Air Act and feels that the modest proposal
of $20 million annually for 2 years is well justified as a means of making
further studies of the problem and devising means of coping with it.
The program is to be administered by the Secretary of Health, Educa-
tion, and Welfare; however, in section 203 of the bill (definitions) the
following language is included:
(a) The term "Secretary" means the Secretary of Health,
Education, and Welfare; except that such term means the
Secretary of the Interior with respect to problems of solid
waste resulting from the extraction, processing, or utilization
of minerals or fossil fuels where the generation, production, or
reuse of such waste is or may be controlled within the extraction,
processing, or utilization facility or facilities and where such
control is a feature of the technology or economy of the operation
of such facility or facilities.
The committee wishes to emphasize its intention that title II of the
bill shall in no way be construed to confer upon the Secretary of Interior
any authority with respect to research on or the control of air pollution,
or to impair, diminish or dilute the authority of the Secretary of Health,
Education, and Welfare with respect to research or control of air pollution.
[p. 13]
l.la (2) HOUSE COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE
H.R. REP. No. 899, 89th Cong., 1st Sess. (1965)
SOLID WASTE DISPOSAL ACT
AUGUST 31, 1965—Ordered to be printed
Mr. HARRIS, from Committee on Interstate and Foreign Commerce,
submitted the following
REPORT
[To accompany S. 306]
The Committee on Interstate and Foreign Commerce, to whom was
referred the bill (S. 306) to amend the Clean Air Act to require standards
for controlling the emission of pollutants from gasoline-powered or
diesel-powered vehicles, to establish a Federal Air
-------
STATUTES AND LEGISLATIVE HISTORY 31
Laboratory, and for other purposes, having considered the same, report
favorably thereon with amendments and recommend that the bill as
amended do pass.
PURPOSES OF LEGISLATION
The committee substitute would broaden the present authority of
the Department of Health, Education, and Welfare in two areas affecting
the public nealth and welfare: (1) air pollution, and (2) solid waste
disposal.
[p-1]
The remainder of the committee substitute is related to a program
of research and demonstrations to be carried on by the Secretary of
HEW and the Secretary of the Interior with regard to solid waste disposal.
APPROPRIATIONS AUTHORIZED
Appropriations for these programs are authorized for the fiscal year
ending June 30, 1966, and the 3 succeeding fiscal years in the following
amounts:
APPROPRIATIONS AUTHORIZED
[In thousands]
1966 1967 ,968 1969
Motor vehicles pollution control-HEW 470 845 1,195 1,470
Solid waste:
HEW 7,000 14,000 19.200 20,000
Interior 3,000 6,000 10,800 12,500
[p. 2]
NEED FOR LEGISLATION
One of the more serious problems facing our society today is the in-
creasing contamination of our environment arising out of our increasingly
industrialized and urbanized society. The trends of economic growth,
technological progress, and rising urban populations have helped to
create environmental contamination particularly in two areas (1) air
pollution, especially emanating from motor vehicles, affecting thousands
of communities in all parts of the country and imposing a serious threat
to public health and national welfare, and (2) difficulties encountered in
the efficient and economical disposal of solid waste.
If). •-•'
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32 LEGAL COMPILATION—SOLID WASTE
SOLID WASTE DISPOSAL
Title II of the bill deals with the subject of the disposal of solid wastes.
This growing public health problem has increasingly been brought to
the committee's attention in recent years. This year the following bills
have been introduced and are pending before the committee dealing
with this subject, in addition to the reported bill: H.R. 890 (Mr.
Roosevelt), H.R. 4798 (Mr. Roybal), H.R. 4854 (Mr. Kluczynski),
H.R. 4878 (Mr. Hawkins), H.R. 4940 (Mr. Celler), H.R. 5182 (Mr.
Van Deerlin), H.R. 5373 (Mr. Gorman), H.R. 5560 (Mr. Brown of
California), H.R. 5568 (Mr. Dingell), and H.R. 8248 (Mr. Matthews).
Testimony favorable to this legislation was submitted to the committee
from the National League of Cities, the National Association of
Sanitarians,
[p. 6]
the Conference of State Sanitary Engineers, the American Public Works
Association, the American Medical Association, the Massachusetts De-
partment of Public Health, the Arizona State Department of Health,
the Nevada State Department of Health, the Washington State De-
partment of Health, the cities of New York, Oakland, Calif., Boise,
Idaho, East Orange, N.J., Milwaukee, Wis., Seattle, Wash., Philadelphia,
Pa., and the Los Angeles County Board of Supervisors, as well as the
New Jersey Division of Environmental Health, the Department of
Agricultural Engineering of the University of California, the Department
of Civil Engineering of the University of Kansas, and the Department
of Civil Engineering of West Virginia University.
Solid waste collection and disposal activities create one of the most
serious and most neglected aspects of environmental contamination
affecting public health and welfare. Solid wastes include a great variety
of things that individuals, manufacturers, commercial establishments,
and communities discard as no longer usable, such as garbage, rubbish,
ashes, street refuse, demolition debris, construction refuse, abandoned
automobile hulks, old refrigerators and furniture, and the wastes from
slaughterhouses, canneries, manufacturing plants, and hospitals. The
dimensions of the problem are staggering. Available data indicate that
current production nationally of solid wastes in urban communities
amounts to a half billion pounds daily, and it has been estimated that
the total will rise to approximately three times that amount by 1980.
The efforts now being made to deal with this problem are clearly
inadequate. Less than half of the cities and towns in the United States
with populations of more than 2,500 have programs for sanitary disposal
of solid wastes. All too often, refuse is disposed of by methods that
create unhealthful, insanitary, and unsightly environmental conditions.
Such practices contribute to air, water, and soil pollution and create
-------
STATUTES AND LEGISLATIVE HISTORY 33
breeding places for disease-carrying insects and rodents. Accumulations
of litter, refuse, and junk cause fire hazards, contribute to accidents and
destroy the beauty of cities and the countryside.
In the opinion of the committee, immediate action must be taken to
initiate a national program directed toward finding and applying new
solutions to the waste disposal problem. This is a challenge which State
and local governments cannot meet without assistance from the Federal
Government. The handling and disposal of solid wastes are costly opera-
tions that strain the resources of State and local agencies. Approximately
$3 billion a year is being spent today for refuse collection and disposal
through services provided by local governments and private entrepreneurs.
In contrast, less than $500,000 annually is being spent to improve methods
of solid waste disposal.
The committee takes note of the role being played by the secondary
materials industry in reclaiming materials that would otherwise add to
the solid waste problem. The committee, therefore, expects that the
funds authorized under this act will be used to demonstrate new and
improved methods in solid waste disposal and not for facilities that would
duplicate those operated by the secondary materials industry.
Commonly used waste disposal practices, such as sanitary land-
filling and incineration have many shortcomings. Space for landfills is
becoming increasingly scarce in and around urban areas. Municipal
incinerators often
[p. 7]
add to community air pollution problems. The difficulties involved in
disposing of solid wastes are frequently compounded by interjurisdictional
disputes relating to unhealthful conditions and public nuisances.
The current Federal program in this field is conducted under the general
authority of the Public Health Service Act and is not sufficiently broad
in scope to provide the degree of assistance that State and local govern-
ments must have in order to meet their waste disposal problems. Nor
is the program adequate to meet pressing needs for research aimed at
the development of new and better methods of handling solid wastes.
Few technological advances have been made in this field in recent
years, since only a small fraction of the needed technical resources are
being devoted to the problem. A primary need is for a national research
program that will utilize the competencies of government and a broad
spectrum of scientific institutions to develop improved methods of solid
waste disposal, particularly methods of reusing materials of potential
economic value. The time gap between research and its application must
be narrowed. This can best be accomplished by establishing demonstra-
tion projects and by training activities to increase the competence of
technical personnel hi this field.
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34 LEGAL COMPILATION—SOLID WASTE
In addition, Federal financial assistance is needed to encourage and
help States and interstate agencies to undertake surveys of solid waste
disposal practices and to develop solid waste disposal plans on a state-
wide or interstate basis.
It is evident that statutory provisions establishing a national program
to meet and accomplish these objectives for improved solid waste handling
must include the following basic elements: (1) authority for the conduct
and support of research, investigations, experiments, training, dem-
onstrations, surveys, and studies relating to the operation and financing
of solid waste disposal programs, the development and application of
new and improved methods of solid waste disposal, and the reduction of
the amount of unsalvageable waste materials, and for the collection and
dissemination of technical information; (2) provision must be made for
interstate and interlocal cooperation in the establishment and conduct
of solid waste disposal programs; (3) authority for grants to State and
interstate agencies of not to exceed 50 percent of the cost of surveys of
practices and problems to provide for the development of solid waste
disposal plans for areas within their jurisdictions.
The committee is of opinion that the present bill is a logical response
to the growing waste disposal problem. The bill provides for the establish-
ment of a national program of assistance to States, communities, and
industries for prevention, control, and solution of solid waste problems.
It would accelerate the mobilization of resources to attack current
solid waste problems and provides the basis for initiation of a long-range
program of research and development directed toward discovery and
early application of new and improved methods of solid waste disposal.
SECTION-BY-SECTION SUMMARY
The following is a summary of the provisions of the reported bill
other than those technical, clerical, and conforming changes necessary
to carry out the basic provisions of the bill.
[p. 8]
This bill consists of two titles. Title I comprises a number of amend-
ments to the Clean Air Act. Title II consists of the Solid Waste Disposal
Act.
[p. 9]
TITLE II OF THE BILL
Title II of the bill provides for a national program of research and
development for new and improved methods of proper and economic
solid waste disposal. This title consists of 10 sections.
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STATUTES AND LEGISLATIVE HISTORY 35
Section 201 provK c<-' that this title may be cited as the Solid Waste
Disposal Act
Section 202 cites a number of congressional findings relating to the
necessity for this legislation and a declaration of the basic purposes of
the Act which are (1) to initiate a national research and development
program relating to solid waste disposal, including studies directed toward
conserving natural resources and recovering and utilizing potential
resources in solid wastes and (2) to provide technical and financial as-
sistance to State
[p. 11]
and local governments and interstate agencies in planning, developing,
and conducting solid waste disposal programs.
Section 203 defines for the purposes of this title the following terms:
(1) Secretary, (2) State, (3) interstate agency, (4) solid wastes, (5)
solid, waste disposal, (6) construction. The term Secretary is so defined
that it will mean the Secretary of Health, Education, and Welfare except
with respect to problems of solid waste resulting from the extraction,
processing, or utilization of minerals or fossil fuels where the generation,
production, or reuse of such waste is or may be controlled within the
extraction, processing, or utilization facility or facilities and where such
control is a feature of the technology or economy of the operation of
such facility or facilities in which case the term will mean the Secretary
of thu Interior. Thus, with respect to most solid waste disposal programs,
this act will be administered by the Secretary of Health, Education,
and Welfare but with respect to those solid waste disposal programs
specified in the definition the act will be administered by the Secretary
of the Interior.
Section 204 authorizes the Secretary to conduct and encourage, co-
operate 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,
experiments, training, demonstrations, surveys, and studies relating to
the operation and financing of solid-waste disposal programs, the develop-
ment and application of new and improved methods of solid-waste
disposal (including devices and facilities therefor), and the reduction of
the amount of such waste and unsalvageable waste materials. In carrying
out this provision, the Secretary is authorized: (1) To collect and make
available publications and other information pertaining to research,
including recommendations, (2) to cooperate with public and private
agencies and industries in the preparation and conduct of research and
other activities, and (3) to make grants-in-aid to public or private agencies,
institutions, and individuals for research, training projects, surveys,
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36 LEGAL COMPILATION—SOLID WASTE
and demonstrations, including construction of facilities, and in addition
to provide for such research, training, surveys, and demonstrations by
contract.
Subsection (c) provides that any agreement or contract entered into
by the Secretary pursuant to the authority granted by this act shall
contain provisions that all information, uses, processes, patents, and
other developments resulting from any activity undertaken pursuant to
such agreement or contract will be made readily available on fair and
equitable terms to industries using solid-waste disposal methods and
industries engaging in furnishing devices, facilities, equipment, and supplies
to be used in connection with solid-waste disposal.
At the present time there are in existence some Federal statutes
applicable to specified agencies relating to patents resulting from research
and development activities carried on by private industry pursuant to
grants made and contracts entered into by these agencies. There is not
in existence, however, a Federal statute setting forth a generally applicable
patent policy. Such legislation is now under consideration by the Congress.
If and when the Congress enacts such legislation, its provisions may take
the place of the instant provision. Until such tune, however, the Secretary
would be directed to insert in all agreements or contracts entered into
pursuant to this legis-
[p. 12]
lation appropriate provisions agreed to between the contracting parties
which would be designed to achieve the objective set forth in this
provision.
Finally, this section contains a limitation that no grant is to be made
which would result in the United States paying more than two-thirds of
the construction cost of a facility constructed under this act.
Section 205 provides that the Secretary is to encourage all cooperative
activities by the State and local governments in connection with their
solid-waste disposal programs, including the planning and conduct
thereof and he is required to encourage enactment of improved and, to
the extent practicable, uniform State and local laws governing solid-waste
disposal.
Section 206 authorizes the Secretary to make grants to State and
interstate agencies of up to 50 percent of the cost of making surveys of
solid-waste disposal practices and problems within the jurisdictional
areas of such States or agencies and of developing solid-waste disposal
plans. In order to be eligible for such a grant the applicant must: (1)
Designate a sole agency to carry out the purposes of this act, (2) provide
for full consideration of all aspects of planning for proper and effective
solid-waste disposal consistent with the protection of the public health,
(3) set forth plans for expenditure of the grant which provide reasonable
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STATUTES AND LEGISLATIVE HISTORY 37
assurance of carrying out the purposes of this section, (4) provide for
submission of a final report containing necessary information, and (5)
provide fiscal control and fund accounting procedures to assure proper
disbursement and accounting of funds. The Secretary may make a grant
under this section only if he finds that there is satisfactory assurance
that the planning of solid-waste disposal will be coordinated to the
extent practicable with all other related planning activities.
Section 207 provides that the Davis-Bacon Act will apply to any
grant for a construction project under this act.
Section 208 is a provision designed to insure that no existing authority
will be superseded or limited by the provisions of this act.
Section 209 provides that payments of grants may be made in advance
or by way of reimbursement and in such installments and on such condi-
tions as the Secretary may prescribe.
Section 210 authorizes appropriations. Subsection (a) authorizes
appropriations to the Secretary of Health, Education, and Welfare in
the following amounts: $7 million for fiscal 1966, $14 million for fiscal
1967, $19,200,000 for fiscal 1968, and $20 million for fiscal 1969.
Subsection (b) authorizes appropriations to the Secretary of the
Interior in the following amounts: $3 million for fiscal 1966, $6 million
for fiscal 1967, $10,800,000 for fiscal 1968, and $12,500,000 for fiscal
1969.
AGENCY REPORTS
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
June 10, 1965.
HON. OREN HARRIS,
Chairman, Committee on Interstate and Foreign Commerce, House of Representatives,
Washington, D. C.
DEAR MR. CHAIRMAN: This letter is in response to your requests for reports on
S. 306, as passed by the Senate, and on the following House bills: H.R. 463, H.R. 2105,
H.R. 4001, H.R. 7065, H.R. 7394, H.R. 8007, and H.R. 8398.
[p. 13]
10. Solid waste disposal
As more particularly set forth in the enclosed summary, title II of S. 306, to be
cited as the Solid Waste Disposal Act, provides for (a) a national research, demon-
stration, and training program for new and improved methods of solid waste disposal
(including studies as to reduction of waste and recovery and utilization of potential
resources in solid wastes) and (b) encouragement and grant assistance for surveys
and planning in this field by State or interstate agencies. The program envisioned by
title II of S. 306 would be an independent measure outside the framework of the
Clean Air Act, except that the above-mentioned survey and planning grants would
be made under the Clean Air Act, to State and interstate air pollution control agencies,
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38 LEGAL COMPILATION—SOLID WASTE
from funds made available under the Solid Waste Disposal Act. The responsibility
for administration at Federal level would be lodged in this Department, except that
the Interior Department would deal with solid waste problems involved in the extrac-
tion, processing, or utilization of minerals or fossil fuels where the control of the pro-
duction or reuse of such waste is a feature of the technology or economy of the opera-
tion of the extraction, processing, or utilization facility and can be controlled within
the facility.1 H.R. 7065 provides—in addition
[P. 19]
to the research grant authority for solid waste disposal also contained in H.R. 7394 and
mentioned earlier in this report—for a 3-year program of $100 million per year for
grants to municipalities and air pollution control agencies for facilities or devices to
control air pollution from solid waste disposal or from heat or power generation;
similar provisions (except for the inclusion of heat or power generation) were originally
in 8. 306, but were deleted in committee. What is needed at this time is not a large-
scale construction program but rather an approach more along the lines of S. 306,
modified as proposed in the draft bill enclosed herewith and summarized below.
In his recent message to the Congress on natural beauty, the President emphasized
the need for proper solid waste disposal as a vital factor in the maintaining and im-
proving the health of our Nation and the beauty of the environment in which we live.
He pointed out that:
"Continuing technological progress and improvement in methods of manufacture,
packaging, and marketing of consumer products has resulted in an ever-mounting
increase of discarded material. We need to seek better solutions to the disposal of
these wastes."
And he recommended legislation to:
"Assist the States in developing comprehensive programs for some forms of solid
waste disposal," and
"Provide for research and demonstration projects leading to more effective methods
for disposing of or salvaging solid wastes."
The problem of solid waste disposal is all-pervasive and has become national in
scope. Its growth is compounded by two factors: first, the increasing per capita refuse
production associated with a rising standard of living and rapid technological changes,
and second, population growth and concentration. Already, as pointed out by the
President, we must dispose of half a billion pounds of such wastes every day, at a
cost of $2.8 billion per year. And it is estimated that by 1980 total refuse production
in the Nation will reach a level of over 520 billion pounds a year, with further increases
in succeeding years.
Improper and inadequate solid waste handling and disposal practices, which are
widespread, contribute directly to unhealthful, insanitary, and unsightly environmental
conditions. Such practices cause air, water, and land pollution problems, and create
breeding places for disease-carrying insects and rodents. Accumulations of litter,
refuse, and junk are eyesores, create fire hazards, and cause accidents. In short, the
solid waste problem is a growing menace to the healthfulness and beauty of our cities
and countryside.
Handling and disposal of garbage, rubbish, and other solid waste materials from
our communities, businesses, and industries is, as above indicated, a costly operation,
and it is too often an ineffectual one. Land for this purpose is becoming scarce in and
•As pointed out in the Senate report on S. 306 in this connection, "The committee wishes to empha-
size its intention that title II of the bill shall in no way be construed to confer upon the Secretary of
Interior any authority with respect to research on or the control of
-------
STATUTES AND LEGISLATIVE HISTORY 39
near urban areas. Interjurisdictional disputes arise because of the health and nuisance
conditions associated with improper solid waste disposal. The problem is one that State
and local governments, and the industries whose activities produce solid waste, cannot
well solve alone. Vigorous action should and will continue under the Federal Water
Pollution Control Act and the Clean Air Act, to control contamination of water and
air from solid and other wastes, and the President has recommended amendment of
those acts to stop such pollution at its source. But action under those acts is not
enough. Immediate action is needed to start a comprehensive national program di-
rected toward the solution of health, nuisance, and blight problems caused by improper
and inadequate handling and disposal of solid wastes. The attainment of this goal will
require the combined resources of the Federal, State, and local governments as well
as industry and research institutions.
What is needed at this point is, as above indicated, not a large-scale Federal con-
struction grant program to build more disposal plants of the types now in use, for
these are not the answer to the problem. Very few
[p. 20]
technological advances have been made in this field in recent years, and only a small
fraction of the needed technical brain-power is being devoted to the problem. We need
a national research program that will utilize the competencies of government and a
broad spectrum of scientific institutions and talent to improve methods of solid waste
disposal. We need to develop new methods of conversion and of safe, healthful, and
economic utilization of solid wastes. And we must narrow the time gap between re-
search and its application. This can best be accomplished by establishing demonstra-
tion projects on an operating scale to solve the safety, feasibility, management, and
engineering problems and develop basic criteria tailored to fit the operations, and by
the training of technicians in the latest methods.
Federal stimulus and financial assistance are needed, moreover, to encourage and
help States and interstate agencies to undertake statewide and interstate surveys of
solid waste disposal practices, and to develop solid waste disposal plans on a statewide
or interstate area basis.
In view of these considerations, we would, in general, favor the basic approach to
this problem which is reflected in title II of S. 306. We would, however, suggest cer-
tain amendments which we believe would improve that title and make its provisions
more effective. For your consideration, therefore, we are enclosing a draft of a bill,
with the suggestion that your committee consider it as a basis for amendment of
title II of S. 306. The principal amendments suggested in this draft are:
(a) The draft includes congressional findings with respect to the solid-waste prob-
lem which will provide important policy guidelines for carrying out the provisions of
the bill.
(b) The term "solid waste disposal" is defined to exclude organic solids in un-
treated domestic sewage, which are already subject to the Federal Water Pollution
Control Act.
(c) The draft would authorize grants to, and contracts with, public or private
agencies and institutions and individuals for research and training as provided in S. 306.
The draft would, in addition, allow use of the contract authority for the support of
demonstrations (including construction of facilities), while S. 306 would permit only
grants for this support; would remove the limitations upon the percentage of ap-
propriated funds which may be used for research and training grants and contracts;
air pollution, or to impair, diminish, or dilute the authority of the Secretary of Health, Education, and
Welfare with respect to research or control of air pollution."
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40 LEGAL COMPILATION—SOLID WASTE
and would omit certain other limitations on demonstration grants which are presently
found in 8. 306. All of these suggested amendments are directed toward providing a
desirable degree of flexibility in the administration of the program which will permit
the most effective use of appropriated funds in response to the changing and varied
situations characteristic of solid-waste disposal problems in the United States.
(d) The draft would authorize grants for surveys and the development of solid-waste
disposal plans, as provided in S. 306, but would (1) avoid the need for using under the
Clean Air Act funds appropriated under the Solid Waste Disposal Act; (2) authorize
such grants to be made to State or interstate agencies designated by the State or States
concerned rather than only to air pollution agencies; (3) provide for at least 50 percent
non-Federal matching (rather than one-third); (4) provide additional requirements
to assure the development of plans consistent with a broad range of relevant popula-
tion, economic, and governmental considerations; and (5) delete the limitation upon
the percentage of appropriated funds which may be used for such grants. Such amend-
ments of S. 306 would reflect the desirability of dealing with solid-waste disposal
problems on a broad, comprehensive basis rather than being limited to an approach
which treats such problems solely as a component of air pollution control programs,
and would, within the overall appropriation ceiling in the Solid Waste Disposal Act,
allow the determination of the amount of funds to be expended for these purposes to
be made in response to changing needs and conditions through the annual budget and
appropriation process rather than freezing at this time the relative emphasis to be
given to such grants.
(e) Subsection (c) of section 204 of S. 306, unlike the enclosed draft bill, contains
a provision requiring that all information, copyrights, uses,
[p. 21]
patents, and other developments resulting from federally financed research or de-
velopment under the solid-waste disposal program be made freely available to the
general public. While in this area, the basic policy of this provision appears to be
generally in line with the 1963 statement of Presidential patent policy, to which this
Department adheres, the subsection does not provide the necessary flexibility to cope
with special circumstances that may arise. We believe that patent legislation relating
to areas in this bill is not now needed. If legislation on this subject were to be consid-
ered, we believe that it should be Government-wide in scope as is the President's
directive. Such bills are now under active consideration in the Senate Judiciary
Committee.
(f) In order to provide the basis for orderly program development and longer range
planning of the Federal program and concomitant State and local activity in this field,
it is suggested that a 5-year program be authorized, with an initial fiscal year appro-
priation authorization of $10 million and authorization for such sums as may be neces-
sary for each of the 4 succeeding fiscal years, instead of the $20 million limitation for
each of 2 fiscal years contained in S. 306.
In conclusion, we urge the prompt enactment of S. 306, amplified by the provisions
of H.R. 7429, with the additions and modifications above suggested.
We are advised by the Bureau of the Budget that there is no objection to the presen-
tation of this report and that the enactment of legislation along the lines of S. 306
would be consistent with the administration's objectives.
Sincerely,
WILBUR J. COHEN,
Under Secretary.
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STATUTES AND LEGISLATIVE HISTORY 41
EXPLANATION OF DRAFT BILL: "THE SOLID WASTE DISPOSAL ACT"
A bill "To prevent air, water, and other environmental pollution from
solid wastes through strengthening and acceleration of research in, and the
development and demonstration of, new and improved methods of
proper and economic solid-waste disposal, including reduction of the
amount of waste and unsalvageable materials and recovery and utilization
of potential resources in solid wastes". This bill may be referred to by
the short title "Solid-Waste Disposal Act".
In his recent message to Congress on natural beauty, the President
emphasized the need for proper solid-waste disposal as a vital factor in
maintaining and improving the health of our Nation and the beauty of
the environment in which we live. He pointed out that:
"Continuing technological progress and improvement in methods of
manufacture, packaging, and marketing of consumer products has
resulted in an ever-mounting increase of discarded material. We need
to seek better solutions to the disposal of these wastes."
And he recommended legislation to:
"Assist the States in developing comprehensive programs for some
forms of solid waste disposal.
"Provide for research and demonstration projects leading to more
effective methods for disposing of or salvaging solid wastes."
The purpose of the present draft bill is to carry out these recommenda-
tions.
The problem of solid-waste disposal is all-pervasive and has become
national in scope. Its growth is compounded by two factors: first, the
increasing per capita refuse production associated with a rising standard
[p. 22]
of living and rapid technological changes, and second, population growth
and concentration. Already, as pointed out by the President, we must
dispose of half a billion pounds of such wastes every day. The collection
and disposal services, with their obvious shortcomings, are now costing
the American public $2.8 billion per year. And it is estimated that by
1980 total refuse production in the Nation will reach a level of over
520 billion pounds a year, with further increases in succeeding years.
Improper and inadequate solid-waste handling and disposal practices
contribute directly to unhealthful, insanitary, and unsightly environ-
mental conditions. Such practices cause air, water, and land pollution
problems, and create breeding places for disease-carrying insects and
rodents. Accumulations of litter, refuse, and junk are eyesores, create
fire hazards, and cause accidents. In short, the solid-waste problem is a
growing menace to the healthfulness and beauty of our cities and country-
side.
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42 LEGAL COMPILATION—SOLID WASTE
Handling and disposal of garbage, rubbish, and other solid-waste
materials from our communities, businesses, and industries is, as above
indicated, a costly operation, and it is too often an ineffectual one.
Land for this purpose is becoming scarce in and near urban areas.
Interjurisdictional disputes arise because of the health and nuisance
conditions associated with improper solid-waste disposal. The problem
is one that States and local governments, and the industries whose
activities produce solid waste, cannot well solve alone. Vigorous action
should and will continue under the Federal Water Pollution Control
Act and the Clean Air Act, to control contamination of water and air
from solid and other wastes, and the President has recommended amend-
ment of those acts to stop such pollution at its source. But action under
those acts is not enough. Immediate action is needed to start a national
program directed toward the solution of problems of solid-waste disposal
to stem the health, nuisance, and blight problems caused by improper
and inadequate handling and disposal of solid wastes. The attainment
of this goal will require the combined resources of the Federal, State,
and local governments as well as industry' and research institutions.
What is needed at this point is not a large-scale Federal construction
grant program to build more disposal plants of the antiquated types
now in use, for these are not the answer to the problem. Very few tech-
nological advances have been made in this field in recent years, and
only a small fraction of the needed technical brain power is being devoted
to the problem. We need a national research program that will utilize
the competencies of Government and a broad spectrum of scientific
institutions and talent to improve methods of solid-waste disposal. We
need to develop new methods of conversion and of safe, healthful, and
economic utilization of solid wastes. And we must narrow the time gap
between research and its application. This can best be accomplished by
establishing demonstration projects on an operating-scale to solve the
safety, feasibility, management, and engineering problems and develop
basic criteria tailored to fit the operations, and by the training of tech-
nicians in the latest methods.
Federal stimulus and financial assistance are needed, moreover, to
encourage and help States and interstate agencies to undertake state-
wide and interstate surveys of solid-waste disposal practices, and to
develop solid-waste disposal plans on a statewide or interstate area basis.
[p. 23]
The proposed legislation would require the Federal Government to
emphasize the effects of mineral-industry-based wastes on the total
environment and require that more attention be directed to instances
where waste disposal practices might be improved for the dual purposes
(>'' cert'orvinp the iv-ioiuof .••.••i <>l cot.sf:"" ^ny othi?r .wi.jrr^, values.
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STATUTES AND LEGISLATIVE HISTORY 43
including natural beauty. This legislation would enable the Secretary
of the Interior to carry out a research and planning program designed
to meet the problems of solid-waste disposal resulting from the extrac-
tion, processing, or utilization of minerals or fossil fuels where such
activities are or could be controlled within the operating or extractive
facilities.
In summary, the act would establish a national program of assistance
to States, communities, and industries for prevention and control of
solid-waste problems. It would mobilize resources to attack current
solid-waste problems and would initiate a longer range program of
research and development directed toward discovery and application
of new and improved methods of solid-waste disposal.
TITLE II—SOLID WASTE DISPOSAL
SHORT TITLE
SEC. 201. This title (hereinafter referred to as "this Act") may be
cited as the "Solid Waste Disposal Act".
SEC. 202. (a) The Congress finds—
(1) that the continuing technological progress and improvement
in methods of manufacture, packaging, and marketing of consumer
products has resulted in an ever mounting increase, and in a change
in the characteristics, of the mass of material discarded by the
purchasers 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
our needs, and have made necessary the demolition of old buildings,
the construction of new buildings, and the provision of highways
and other avenues of transportation, which, together with related
industrial, commercial, and agricultural operations, have resulted
in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in ex-
panding metropolitan and other urban areas has presented these com-
munities with serious financial, management, intergovernmental, 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 inefficient and improper methods of disposal of solid
wastes result in scenic blights, create serious hazards to the public
health, including pollution of air and water resources, accident
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44 LEGAL COMPILATION—SOLID WASTE
hazards, and increase in rodent and insect vectors of disease, have an
adverse effect on land values, create public nuisances, otherwise
interfere with community life and development; and
[p. 24]
(5) that the failure or inability to salvage and reuse such materials
economically results in the unnecessary waste and depletion of our
natural resources; and
(6) that while the collection and disposal of solid wastes should con-
tinue 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 necessitating Federal
action through financial and technical assistance and leadership in the
development, demonstration, and application of new and improved
methods and processes to reduce the amount of waste and unsalvage-
able materials and to provide for proper and economical solid-waste
disposal practices.
(b) The purposes of this Act therefore are:
(1) to initiate and accelerate a national research and develop-
ment program for new and improved methods of proper and economic
solid-waste disposal, including studies directed toward the conserva-
tion of natural resources by reducing the amount of waste and
unsalvageable materials and by recovery and utilization of potential
resources in solid wastes; and
(2) to provide technical and financial assistance to State and
local governments and interstate agencies in the planning, develop-
ment, and conduct of solid-waste disposal programs.
DEFINITIONS
SEC. 203. When used in this Act—
(a) The term "Secretary" means the Secretary of Health, Education,
and Welfare; except that such term means the Secretary of the Interior
with respect to problems of solid waste resulting from the extraction,
processing, or utilization of minerals or fossil fuels where the generation,
production, or reuse of such waste is or may be controlled within the
extraction, processing, or utilization facility or facilities and where such
control is a feature of the technology or economy of the operation of
such facility or facilities.
(b) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
(c) The term "interstate agency" means an agency of two or more
municipalities in different States, or an agency established by two or
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STATUTES AND LEGISLATIVE HISTORY 45
more States, with authority to provide for the disposal of solid wastes
and serving two or more municipalities located in different States.
(d) The term "solid waste" means garbage, refuse, and other dis-
carded solid materials, including solid waste materials resulting from
industrial, commercial, and agricultural operations, and from community
activities.
(e) The term "solid-waste disposal" means the collection, storage,
treatment, utilization, processing, or final disposal of solid waste other
than organic solids in untreated domestic sewage.
(f) The term "construction", with respect to any project of construc-
tion under this Act, means (1) the erection or building of new structures
and acquisition of lands or interests therein, or the acquisition, replace-
ment, expansion, remodeling, alteration, modernization, or extension of
existing structures, and (2) the acquisition and installation 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 struc-
[p. 25]
tures (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 determine the economic and engineering feasibility and the
public-health and safety aspects of the project, the engineering, architectu-
ral, legal, fiscal, and economic investigations and studies, and any surveys,
designs, plans, working drawings, specifications, and other action neces-
sary for the carrying out of the project, and (3) the inspection and
supervision of the process of carrying out the project to completion.
RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES
SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate
with, and render financial and other assistance to appropriate public
(whether Federal, State, interstate or local) authorities, agencies, and
institutions, private agencies and institutions, and individuals in the
conduct of, and promote the coordination of, research, investigations,
experiments, training, demonstrations, surveys, and studies relating to
the operation and financing of solid-waste disposal programs, the develop-
ment and application of new and improved methods of solid-waste
disposal (including devices and facilities therefor), and the reduction of
the amount of such waste and unsalvageable waste materials.
(b) In carrying out the provisions of the preceding subsection, the
Secretary is authorized to—
(1) collect and make available, through publications and other
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46 LEGAL COMPILATION—SOLID WASTE
appropriate means, the results of, and other information pertaining
to, such research and other activities, including appropriate rec-
ommendations in connection therewith;
(2) cooperate with public and private agencies, institutions, and
organizations, and with any industries involved, in the preparation
and the conduct of such research and other activities; and
(3) make grants-in-aid to public or private agencies and in-
stitutions and to individuals for research, training projects, surveys,
and demonstrations (including construction of facilities), and
provide for the conduct of research, training, surveys, and dem-
onstrations by contract with public or private agencies and in-
stitutions and with individuals; and such contracts for research or
demonstrations or both (including contracts for construction) may
be made in accordance with and subject to the limitations provided
with respect to research contracts of the military departments in
Title 10, United States Code, section 2353, except that the deter-
mination, approval, and certification required thereby shall be
made by the Secretary.
INTERSTATE AND INTEELOCAL COOPERATION
SEC. 205. The Secretary shall encourage cooperative activities by the
States and local governments in connection with solid-waste disposal
programs; encourage, where practicable, interstate, interlocal, and
regional planning for, and the conduct of, interstate, interlocal, and
regional solid-waste disposal programs; and encourage the enactment of
improved and, so far as practicable, uniform State and local laws governing
solid-waste disposal.
[p. 26]
GRANTS FOR STATE AND INTERSTATE PLANNING
SEC. 206. (a) The Secretary may from time to time, upon such terms
and conditions consistent with this section as he finds appropriate to carry
out the purposes of this Act, make grants to States and interstate agencies
of not to exceed fifty percent of the cost of making surveys of solid-
waste disposal practices and problems within the jurisdictional areas of
such States or agencies, and of developing solid-waste disposal plans
for such areas.
(b) In order to be eligible for a grant under this section the State, or
the interstate agency, must submit an application therefor which—
(1) designates or establishes a single State agency (which may
be an interdepartmental agency) or, in the case of an interstate
agency, such interstate agency, as the sole agency for carrying out
the purposes of this section;
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STATUTES AND LEGISLATIVE HISTORY 47
(2) indicates the manner in which provision will be made to
assure full consideration of all aspects of planning essential to
statewide planning (or in the case of an interstate agency jurisdiction-
wide planning) for proper and effective solid-waste disposal consistent
with the protection of the public health, including such factors as
population growth, urban and metropolitan development, land
use planning, water pollution control, air pollution control, and the
feasibility of regional disposal programs;
(3) sets forth its plans for expenditure of such grant, which plans
provide reasonable assurance of carrying out the purposes of this
section;
(4) provides for submission of a final report of the activities of
the State or interstate agency in carrying out the purposes of this
section, and for the submission of such other reports, in such form
and containing such information, as the Secretary may from time
to time find necessary for carrying out the purposes of this section
and for keeping such records and affording such access thereto as
he may find necessary to assure the correctness and verification of
such reports; and
(5) provides for such fiscal-control and fund-accounting procedures
as may be necessary to assure proper disbursement of and accounting
for funds paid to the State or interstate agency under this section.
(c) The Secretary shall make a grant under this section only if he
finds that there is satisfactory assurance that the planning of solid-
waste disposal will be coordinated, so far as practicable, with other
related State, interstate, regional, and local planning activities, including
those financed in part with funds pursuant to section 701 of the Housing
Act of 1954.
LABOR STANDARDS
SEC. 207. No grant for a project of construction under this Act shall
be made unless the Secretary finds that the application contains or is
supported by reasonable assurance that all laborers and mechanics
employed by contractors or subcontractors on projects of the type covered
by the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5), will
be paid wages at rates not less than those prevailing on similar work in
the locality as determined by the Secretary of Labor in accordance with
that Act; and the
[p. 27]
Secretary of Labor shall have with respect to the labor standards specified
in this paragraph the authority and functions set forth in Reorganiza-
tion Plan No. 14 of 1950 (15 F.R. 3176; 5 U.S.C. 113z—15) and section
2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).
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48 LEGAL COMPILATION—SOLID WASTE
OTHEB AUTHORITY NOT AFFECTED
SEC. 208. This Act shall not be construed as superseding or limiting
the authorities and responsibilities, under any other provision of law,
of the Secretary of Health, Education, and Welfare, the Secretary of the
Interior, or any other Federal officer, department, or agency.
PAYMENTS
SEC. 209. Payments of grants under this Act may be made (after
necessary adjustment on account of previously made underpayments or
overpayments) in advance or by way of reimbursement, and in such
installments and on such conditions, as the Secretary may determine.
APPRO PEIATIONS
SEC. 210. There are hereby authorized to be appropriated for the purpose
of carrying out this Act $10,000,000 for the fiscal year ending June 30,
1966, and such sums as may be necessary for each of the four succeeding
fiscal years.
Amend the title of the bill to read as follows:
[Here insert amended titles if change in titles is desired by the Com-
mittee.]
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D. C., July 8, 1965.
Hon. OREN HARRIS,
Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C.
DEAR MR. CHAIRMAN: This is in response to your request for a report on S. 306,
a bill to amend the Clean Air Act to require standards for controlling the emission
of pollutants from gasoline-powered or diesel-powered vehicles, to establish a Federal
Air Pollution Control Laboratory, and for other purposes. This will also respond to
your request for the views of the Bureau of the Budget on H.R. 463, H.R. 4001, H.R.
7065, H.R. 7394, and H.R. 7429, bills of related purpose.
The major provisions of S. 306 are:
[p. 28]
6. A new title, the "Solid Waste Disposal Act," would be added, authorizing a
national research, development, demonstration, and planning assistance program to
promote new and improved methods of disposing of solid wastes. The portions of this
program related to domestic solid wastes and trash would be administered by the
Secretary of Health, Education, and Welfare and those aspects related to metal
salvage and reclamation and mining wastes would be administered by the Secretary
of the Interior.
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STATUTES AND LEGISLATIVE HISTOHY 49
The enactment by the Congress of the Clean Air Act in December 1963 has greatly
furthered activities directed toward dealing with this problem through both research
and the application of control techniques and procedures. The basic objectives of
S. 306 seem to us to be directed toward continuing and accelerating the progress which
was spurred by that act and consistent too with the President's urging that we "end
the poisoning of * * * the air we breathe," and that we seek better solutions to the
problems posed by the rapid increase in solid wastes.
Our comments on specific provisions of S. 306 are as follows:
4. The provisions of S. 306 relating to patents and copyrights do not provide the
flexibility provided in the President's patent policy memorandum of October 10,
1963. In our view, patent policy should be addressed by general regulation or legisla-
tion, rather than by piecemeal application to individual programs. Accordingly, if
legislation is to be enacted in this area, we support the general approach taken in S.
1809. We therefore, recommend deletion of subsection (c) of section 209 of the pro-
posed Solid Waste Disposal Act.
In addition to the above specific comments on S. 306, we wish to recommend the
committee's favorable consideration of technical and clarifying amendments suggested
in the report of the Department of Health, Education, and Welfare. With respect to
the solid waste title, we recommend revisions in accordance with the draft submitted
with the report of that Department.
[p. 29]
We recommend against enactment of the remaining bills because we believe that
S. 306, with the amendments which we have recommended, is best adapted to the
purpose of reducing air pollution. However, with respect to three of the other bills,
we wish to bring three specific objections to your attention:
3. Finally, we object to the provisions regarding the establishment of statutory
interagency committees in certain of the bills. Flexible arrangements are advisable in
fast-moving scientific and technical areas.
Section 203 (a) (3) of the administration-proposed amendment to S. 306 submitted
with the report of the Department of Health, Education, and Welfare deals with
solid wastes. We wish to make specific the administration's views on the application
of that section to the restoration of abandoned strip mine land.
Section 205 of the Appalachian Regional Development Act of 1965 authorizes a
comprehensive study of the strip mine problem in the United States to provide a factual
basis for policies under which the Federal Government may participate in an action
program. The law requires that this study be completed and submitted to the Presi-
dent, and by him to the Congress with his recommendations by July 1, 1967. The
Appalachian Act authorized limited rehabilitation of unreclaimed strip-mined areas
in the Appalachian region only until the study is completed. Congress subsequently
restricted the action program under the legislation to publicly owned land. We concur
fully in the Congress objectives in authorizing the study and in restricting the action
program: Establishing a sound factual basis for Federal action, and preventing wind-
fall financial gain to private landowners from the expenditure of Federal funds to
reclaim abandoned strip mines located on their properties.
The solid waste title of the bill under consideration permits demonstration projects
only, but the authorization is not restricted to public lands. However, the Department
of the Interior has indicated that use of this authority to reclaim strip-mined private
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50 LEGAL COMPILATION—SOLID WASTE
land will not be undertaken unless provision and procedure for preventing windfall
financial gain to private property owners are assured. We share the Department's
concern and intend to support fully the Department's efforts in this regard. We believe
that strip mine rehabilitation expenditures should be restricted to publicly owned
land except where detailed project plans for private property rehabilitation eliminate
the possibility of private financial windfall from these Federal expenditures.
This authority will be administered consistent with the study authorized by the
Appalachian Act. Strip mine rehabilitation policies will be
[p. 30]
thoroughly reviewed and appropriately modified in the light of findings and recom-
mendations resulting from that study.
In summary, legislation along the lines of S. 306 would be consistent with the ob-
jectives of the administration and we recommend its enactment subject to consideration
of the above comments and suggested modifications.
Sincerely yours,
PHILLIP S. HUGHES,
Assistant Director for Legislative Reference.
GENERAL COUNSEL OF THE DEPARTMENT or COMMERCE,
Washington, D. C., June %1, 1965.
Hon. OREN HARRIS,
Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C.
DEAR MR. CHAIRMAN: This letter is in further reply to your request for the views
of this Department with respect to H.R. 463, H.R. 2105, H.R. 4001, H.R. 7065,
H.R. 7394, H.R. 7429, H.R. 8007, H.R. 8398, and S. 306, bills for reducing air pollu-
tion from motor vehicles and other sources. We recommend enactment of H.R. 7429
and S. 306, if amended as set forth below, and recommend against enactment of H.R.
463, H.R. 2105, H.R. 4001, H.R. 7065, H.R. 7394, H.R. 8007, and H.R. 8398.
S. 306 also includes a proposed Solid Waste Disposal Act which would authorize
cooperation with public authorities and others in promoting improvement of solid
waste disposal facilities and development and application of new methods of solid
waste disposal. Dissemination of information, cooperation in research and other
activities, and grants for research and training projects and for development of new
methods of
[p. 31]
disposing of solid wastes would be authorized. S. 306 would also require that all funds
expended under the proposed Solid Waste Disposal Act be subject to the condition
that all information, copyrights, user provisions, patents, and other developments
resulting from activities supported by such funds will be made freely available to the
general public and provides enforcement procedures.
In general, we believe that S. 306 is well adapted to the purposes of providing
Federal programs to control motor vehicle exhaust emissions and to encourage im-
provement of our present methods and facilities for disposing of solid waste.
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STATUTES AND LEGISLATIVE HISTOBY 51
While the Solid Waste Disposal Act is generally well adapted toward establishing
• a national program of aiding and encouraging improvement of our solid waste disposal
facilities and methods, its provisions relating to patents and copyrights are in conflict
with the President's patent policy memorandum of October 10, 1963 (28 F.R. 10943).
Patent policy should be set by general regulation or legislation, rather than by piece-
meal application to individual programs. Furthermore, we believe that the President's
memorandum reflects a more sound view of patent policy than the view presently
incorporated in S. 306. Accordingly, we recommend amendment of S. 306 before enact-
ment to delete subsection (c) of section 204 of the proposed Solid Waste Disposal Act.
In addition, there appears to be an error in reference in S. 306, and we recommend
amendment of the figure "207" in line 7 of page 4 of the bill to read "208":
[p. 32]
The Bureau of the Budget advises that there would be no objection to the submission
of this report from the standpoint of the administration's program.
Sincerely yours,
ROBERT E. GILES.
[p. 33]
DEPARTMENT OF THE INTEBIOB,
OFFICE OF THE SECRETARY,
Washington, D. C., June 9, 1965.
Hon. OKEN HARRIS,
Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives, Washington D. C.
DEAR MR. HARRIS: Your committee has requested our report on H.R. 4001, a
bill to amend the Clean Air Act to require standards for controlling the emission of
pollutants from gasoline-powered or diesel-powered vehicles, to establish a Federal
Air Pollution Control Laboratory, and for other purposes, and a similar bill, S. 306,
which passed the Senate on May 18, 1965.
S. 306 also adds to the Clean Air Act a new title relating to the disposal of solid
wastes. The bill refers to this title as "title II." We think it should be renumbered as
"title III."
This new title will be very important to this Department. It authorizes the Secre-
tary of Health, Education, and Welfare and the Secretary of the Interior to carry out
a program to meet the problems of solid waste disposal.
[p. 34]
The disposal, control, and reclamation of waste products resulting from the extrac-
tion, processing, and utilization of mineral substances are important technologic and
economic factors in the effective conservation of mineral resources as well as the
economics of the mineral-based industries. The Department of the Interior, through
the Bureau of Mines, has for many years approached the problem of minimizing
waste mainly from the standpoint of conserving the resource. Specifically, we have
sought instances where improved recovery systems would reduce mineral losses, and
incidentally reduce the volume of the products finally discarded. We have concen-
trated our attention in those instances where improvements in recovery promised
direct economic gains to the industry.
-------
52 LEGAL COMPILATION—SOLID WASTE
S. 306 will require the Federal Government, including this Department, to empha-
size the effects of mineral industry-based wastes on the total environment and require
that more attention be directed to instances where waste disposal practices might be
improved for the dual purposes of conserving the resources and of conserving other
resource values, including natural beauty.
S. 306 directs this Department to encourage, cooperate with, and give financial,
technical, and other aid to public and private agencies and institutions, and individuals
in the conduct of research, investigations, experiments, training, demonstrations,
surveys, and studies relating to the operation and financing of solid waste disposal
programs, the development and use of new and better methods of disposal, and the
reduction of the amount of waste and unsalvageable waste materials. The Secretary
is also authorized to carry out these activities directly. Thus, the bill enables this
Department to carry out a comprehensive program designed to meet the problems of
solid waste disposal resulting from the extraction, processing, or utilization of minerals
or fossil fuels where such activities are or could be controlled within the operating or
inactive facility or facilities, such as the plant, a coal mine (active or inactive), or
strip mine (active or inactive).
In carrying out this program, we may publish the results of our research and other
activities, cooperate with public or private groups in the preparation and conduct of
research and other activities, make grants for research and training projects, and enter
into contracts for such projects. Contracts will be made in accordance with title 10,
United States Code, section 2353. The bill provides that not more than 25 percent of
the amount appropriated to carry out this title in any one fiscal year may be obligated
by this Department and the Secretary of Health, Education, and Welfare for such
grants and contracts.
The bill also authorizes the Secretary to make grants to any State, municipality,
or interrmmicipal, or interstate agency to aid in developing a project to demonstrate
a new or improved method of disposing of solid wastes. The maximum grant for a
project can be two-thirds of the project cost. In the case of a municipality, there must
be a law, regulation, or ordinance that prohibits open burning of solid wastes. The
Secretary must also find that the project will continue to be operated and maintained
after construction. The bill provides that not more than 12.5 percent of the amount
appropriated under this title may be expended in any one State by this Department
and HEW. We assume that this means 12.5 percent of the amount appropriated each
fiscal year. If it does not, we recommend that this provision be clarified.
The bill provides that no part of the funds made available under this title involving
any scientific research and development activity may be expended unless the expendi-
ture is conditioned upon provisions which insure that all information, processes, patents,
etc., will be made available to the public. Provision is also made for the enforcement
of the patent provision by the Attorney General. There is an existing Presidential
policy statement on patents which make these provisions undesirable.
The bill also adds a new provision to title I of the Clean Air Act which authorizes
the Secretary of Health, Education, and Welfare to use
[p. 35]
10 percent of the annual amount appropriated to carry out the solid waste disposal
title for grants to State and interstate air pollution control agencies in the amount
of two-thirds of the costs of making or arranging for surveys of solid waste disposal
practices and problems within the scope of these agencies, and of developing solid
waste disposal plans for such areas. We think this latter provision is desirable, but we
believe it should be made a part of the solid waste title which would be administered
by both this Department and HEW.
-------
STATUTES AND LEGISLATIVE HISTORY
53
The bill authorizes an annual appropriation of $20 million for fiscal years 1966 and
1967.
We believe that S. 306 fully carries out the objectives of President Johnson when
he said in his natural beauty message that he recommends legislation to—
"Assist the States in developing comprehensive programs for some forms of solid
waste disposal.
"Provide for research and demonstration projects leading to more effective methods
for disposing of or salvaging solid wastes."
We strongly recommend its enactment with the amendments suggested by the
administration.
The Bureau of the Budget has advised that there is no objection to the presentation
of this report from the standpoint of the administration's program.
Sincerely yours,
STEWART L. UDALL,
Secretary of the Interior.
FEDERAL POWER COMMISSION,
Washington, D. C., June 10, 1965.
Hon. OREN HARRIS,
Chairman, Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D. C.
DEAR MR. CHAIRMAN: S. 306, upon which your letter of May 24, 1965, requests us
to make a report, would amend the Clean Air Act * * *
[p. 36]
and to enact the Solid Waste Disposal Act for the purpose of encouraging research
and providing technical and financial assistance to solid waste disposal programs.
The Commission appreciates the seriousness of air and water pollution problems.
Our report on H.R. 4001, 89th Congress, which is also before your committee, suggests
specific areas for intensified research and discusses generally this Commission's interest
in these problems. Please treat our report on H.R. 4001, which was transmitted to
your committee June 4, as our report 011 S. 306.
Sincerely,
DAVID S. BLACK, Acting Chairman.
[p. 37]
l.la (3) CONGRESSIONAL RECORD, VOL. Ill (1965)
l.la (3)(a) May 18: Considered and passed Senate, pp. 10782,10783
Mr. MUSKIE.
The purpose of title II of S. 306 is to:
First. Authorize the initiation and ac-
celeration of a national research and de-
velopment program for new and improved
methods of proper and economic solid
waste disposal, reducing the amount of
waste and unsalvageable materials, and
recovering and utilizing potential sources
of solid waste, and provide technical and
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54
LEGAL COMPILATION—SOLID WASTE
financial assistance to State and local
governments, and interstate agencies in
planning, developing, construction, and
conduct of solid waste disposal programs
Second. Provide that not to exceed 25
percent of funds appropriated for this
purpose may be made for grants-in-aid,
or to contract with, public or private
agencies and institutions, and to individ-
uals for research and training.
Third. Authorize grants to State, mu-
nicipality, or intermunicipal, or inter-
state agency for the purpose of assisting in
the development of any project which will
demonstrate a new or improved method
of disposing of solid waste. Up to two-
thirds of the cost of any project approved
may be paid from funds appropriated.
No more than 12| percent of appropria-
tions authorized and amended for projects
may be made in any one State. Grantee
must have appropriate ordinances or regu-
lations prohibiting open burning of solid
wastes and provide for enforcement action
to insure that beneficial results will occur.
Also, assurances must be given that proper
and efficient operation and maintenance
of facility for which funds have been pro-
vided. All of the information, copyrights,
uses, processes, patents, and other develop-
ments resulting from activity financed
with Federal funds will be made available
to the general public.
Fourth. Encourage cooperative activi-
ties by States and local governments in
connection with solid waste disposal pro-
grams, encourage planning, and encourage
the enactment of improved, and, so far as
practicable, uniform State and local laws
governing solid waste disposal.
Fifth. Authorize up to 10 percent of
funds available for the solid waste dis-
posal program to be used in connection
with the grants for support of air pollu-
tion control programs of the Clean Air
Act. Grants would be made in an amount
of up to two-thirds of the cost of making
surveys of solid waste disposal practices
and problems within the jurisdictional
areas of appropriate agencies, and de-
velopment of solid waste disposal plans.
Assurances must be given that the plan-
ning of solid waste disposal will be coordi-
nated with other related State, interstate,
regional, and local planning activities,
including those financed in part with funds
pursuant to section 701 of the Housing
Act of 1954.
Sixth. Insure compliance with provi-
sions of the Davis-Bacon Act for a project
constructed under this act.
[p. 10782]
Seventh. Authorize to be appropriated
$20 million for fiscal year ending June
30, 1966, and fiscal year ending June 30,
1967, for the solid waste disposal program
and section 104 (d) of the Clean Air Act.
The committee is very much concerned
with the magnitude of the solid waste
disposal problem. Each day our Nation
must dispose of 520 million pounds of
refuse which must be removed or dis-
posed of either through burning, burial,
or conversion.into forms of organic matter
for final disposition, or put to useful
purposes. The modest research and de-
velopment program included in S. 306 will
enable us to find economic and effective
ways of dealing with these byproducts of
our society.
The VICE PRESIDENT.
The question is on agreeing to the com-
mittee amendment.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, was read the third
time, and passed.
Mr. MANSFIELD. Mr. President, I
move that the Senate reconsider the vote
by which the bill was passed.
Mr. BOGGS. I mow to lay that motion
on the table.
The motion to lay on the table was
agreed to.
[p. 10783]
-------
STATUTES AND LEGISLATIVE HISTORY
55
l.la (3)(b) Sept. 23: Considered in House, p. 24941
[No Relevant Discussion on Pertinent Section]
l.la (3)(c) Sept. 24: Considered and passed House, amended, pp.
25049-25054, 25056-25059, 25061-25063, 25065-25066, 25068-25071,
25073
Mr. HARRIS. Mr. Chairman, I yield
myself as much time as I may con?,ume
Now, Mr. Chairman, we have today a
bill which deals primarily with two public
health problems.
First, air pollution resulting from emis-
sions from automobiles.
Then, second, the problems involved in
the disposal of solid waste. Our committee
was unanimous in reporting title I of thi;
bill which deals with automotive air
pollution.
[p. 25049]
However, I frankly admit, Mr. Chair-
man, that there was a great deal of con-
troversy in the committee, and probably
will be here in the Committee of the Whole
House on the State of the Union today,
over title II of the bill dealing with solid
waste disposal.
[p. 25050]
Mr. Chairman, title II of the bill deals
with the problem of the disposal of solid
waste. There are those who feel that this
is an unnecessary invasion and interference
by the Government into a problem that
should be primarily local.
If we accepted the viewpoint of those
who feel that the Federal Government is
going to assume the responsibility and
the obligation of disposing of garbage
and all solid waste of municipalities all
over this country, then they would be
right, but I want to make it abundantly
clear here and now that that is not the
purpose of the program.
The purpose of this program is research,
investigations, experiments, training, sur-
veys, studies and demonstrations, relating
to the operation of financing and otherwise
disposing of this solid waste product. That
is what this program involves.
This program was contained in the bill
passed by the Senate. It is included in
legislation proposed by many of our col-
leagues. The report mentions the various
Members who have introduced legislation
along this line, all of which bills were
referred to the committee.
Other than the bill to which 1 referred
a moment ago, having to do with Federal
facilities, the bill given most consideration
that offered by the distinguished
chairman of the House Committee on
Public Works, the gentleman from Mary-
land [Mr. FALLON], and the bill which
passed the Senate, being considered
today, S. 306.
What we did was along the lines gen-
erally proposed in S. 306, which is the
Dill most acceptable to the Department
of Health, Education, and Welfare, to the
President and his administration. Many
of the provisions of the gentleman's bill
are included in this.
This is a highly important title to this
>ill. Even though it is going to be some-
what controversial, I believe that when we
conclude the debate the overwhelming
ientiment in the House will be behind it.
We should understand what is proposed.
We should be farsighted enough to take
,his advanced step toward doing some-
hing about solid waste disposal through
ncineration and other means which might
>e developed, some of which are not in
existence today. This should be of great
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56
LEGAL COMPILATION—SOLID WASTE
interest to the overwhelming majority of
the House.
Remember that more than one-half of
all the cities in the United States, with
populations in excess of 2,500 have inade-
quate or improper waste disposal practices.
Smaller communities in particular have
had to resort to open dumps and equally
unhealthful and unsanitary methods. Such
practices are menaces both to the com-
munities themselves and to the rural
countryside.
As a result many communities have
day. What we are trying to do here is to
develop some method of new techniques
whereby these cities can have available
methods to use besides taking it out in
the countryside and dumping it, which
creates a condition that I know the people
of this country just do not want. This is
highly important and I think it should be
seriously considered by this Committee.
I would like to address my question
to the part of title II of the bill concerning
been subject to litigation, which has been | solid waste djsposai and to call attention
brought by many people because of highly
unsatisfactory conditions caused by
mounting volumes of garbage, refuse,
and debris which must be disposed of
Fly- and rodent-breeding places, water
and air pollution and general nuisances
are all directly associated with these situa-
tions. More and more, these cities of all
sizes are confronted with insoluble prob-
lems and are requesting the types of
assistance provided by S. 306. Many of
the smaller cities are requesting assistance
from the Federal Government. If these
problems continue to grow unattended,
they can only get worse—and costlier—to
solve in the long run. For these important
reasons, the establishment of a national
program of research and demonstration
as provided in S. 306 is a vital need to
communities, small and large, and to rural
residents as well.
I urge Members to get a copy of the
report and turn to page 7 and just read
the information which we have developed
here about the accumulation of litter and
refuse and junk which causes fire hazards
and contributes to accidents and destroys
the beauty of the cities and countryside.
What is the use of having a beautification
program which is going to be brought to
this House in a few days if at the same
time we are going to permit a situation
to exist where there is no proper method
for dealing with such rubbish as demolition
debris, construction refuse, or abandoned
material, such as old refrigerators, waste
from slaughterhouses, canneries, and
manufacturing plants, and all of this other
stuff that is dumped in this country every
to the second paragraph of your report
on page 8 where you make mention of
the fact that the committee does not
want anything in this legislation to dupli-
cate work being done in this area by the
secondary materials industry. I have in
my district a company, the International
Disposal Corp., which for many years
has been spending large sums of money
experimenting with a process which is now
perfected and which is now in the process
of being put into commercial production,
which deals with one phase of solid waste
disposal. What I would like to know from
the chairman is this: Do you think the
terms of this bill are broad enough to
cover an activity of this sort and protect
it from having their activities duplicated
by the provisions of this bill? Or does it
require additional language in the bill to
include this type of activity along with
the secondary materials industry?
Mr. HARRIS. The committee thought
in its deliberate consideration of this prob-
lem that it had sufficiently resolved this
question. I would like to quote the sen-
tence following the sentence that the
gentleman read in the House report on
Dage 8. I think this explains the attitude
of the committee and what we intended,
anyway. If we do not do it to the satis-
'action of the gentleman and other Mem-
bers, we will be glad to do so in order to
make it clear that that is what we intend.
We said there:
The committee, therefore, expects that the funds
authorized under this act will be used to demon-
trate new and improved methods in solid waste
lisposal and not for facilities that would duplicate—
-------
STATUTES AND LEGISLATIVE HISTORY
57
And I repeat—
not for facilities that would duplicate those oper
ated by the secondary materials industry.
We did not intend to interfere with th
magnificent effort of such companies a
the gentleman has referred to in his own
State.
Mr. STEED. Mr. Chairman, I appreci
ate what the chairman has said. I am
in hopes that the Department will realiz
that any activity under this bill, if it be
comes law, that duplicates this sort o
thing would not be in keeping with thi
spirit and intent of the committee anc
the bill and would also be a foolish wast
of public funds.
Mr. HARRIS. The gentleman has ac
curately stated the committee's intention
Mr. McCLORY. Mr. Chairman, wil
the gentleman yield?
Mr. HARRIS. I yield to the gentleman
Mr. McCLORY. Mr. Chairman, I
thank the gentleman for yielding.
Mr. Chairman, I have a constituenl
who has written me about title II of this
legislation. This gentleman appears to
be in the scrap iron business and he write;
in part as follows:
S. 306 in its present form needs more study and
certainly a new definition of "solid waste." Scrap
iron that feeds our steel mills and paper stock that
conserves our forests and feeds the paper mills
certainly is not "waste" or "junk."
The question I have to ask of the gentle-
man is whether or not the gentleman
would consider that scrap iron which is
for use in steel mills is to be included
within the definition as a solid waste.
Mr. HARRIS. We had some discussion
of that particular program. I think it was
decided that to single out any one product
or commodity might make it necessary
to go on ad infmitum and
[p. 25051]
single out others; that it would be obvious
that scrap iron and even such matters as
could be baled and utilized as we do in this
country would not be considered as solid
waste as we define in this legislation.
Mr. McCLORY. In other words, it is
the intention to provide research and
studies in cooperation with local and State
governments with regard to solid waste
that we want to get rid of and not solid
waste which we want to sell and utilize in
industry in some other way.
Mr. HARRIS. Yes. I might say the kind
of solid waste that would be referred to
as trash or rubbish or garbage that they
get from homes and so forth and which
pose a problem to a community, particu-
larly in the metropolitan areas where there
are governmental entities all intertwined,
represent a different matter. Here you
have a governmental entity in this vicinity,
and in an adjoining vicinity another one,
and then maybe another one. This presents
a health problem in solid waste disposal.
There is no way in which these govern-
mental entities can deal with this problem
as it should be dealt with except by agree-
ment, and that is always difficult.
We had testimony from certain of our
cities that have this problem where certain
entities of Government felt that another
one should assume more responsibility,
and that one said, "No, this one should
do it," and the first thing you know they
;o around in circles and nothing is done,
which creates these hazardous health
problems.
I feel that we can by demonstration and
experiment and new techniques deal with
;hose Government entities and come up
with new methods of disposal to meet this
ver-growing problem in our society.
Mr. McCLORY. That is the way I
understand it.
Mr. HARRIS. What the gentleman has
•eferred to is a product that does not
come from a municipality as solid waste,
as such, but is a product that is utilized
n our industrial, private endeavors in this
ountry. We do talk in the record about
eclaiming certain solid waste, but that
neans reclaiming this kind of solid waste
hat I am talking about and not reclaiming
uch items as scrap iron, which would,
hrough the processes we know of in this
ountry, be utilized again in our industrial
utput.
Mr. McCLORY. I thank the gentleman.
Mr. HARRIS.
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58
LEGAL COMPILATION—SOLID WASTE
The bill provides that the Secretary
must consider these views that will be
submitted from other sources in connection
with these air pollution programs.
With respect to solid wastes, I will say
further to the gentleman, if he will observe
the bill itself, in title II there is $92 million
authorized to deal with this problem over
a period of 4 years.
Also approximately $60 million of this
authorization is made available to the
Secretary of Health, Education, and Wel-
fare, and the other $32 million is made
available to the Secretary of the Depart-
ment of the Interior, to carry out work in
the field of solid-waste disposal.
Mr. EDMONDSON. If I understand
correctly, the effective working relation-
ship between those two departments as
they now exist would continue. A good deal
of the work of the Department of Interior
has been conducted at times with funds
made available by the Department of
Health, Education, and Welfare to carry
out projects of the Department of Health,
Education, and Welfare. I was hoping,
with some very understandable instances
of the role of the Secretaries of Health,
Education, and Welfare in this air pollu-
tion field, it was still the intention of this
committee that effective working relation-
ships of this type would utilize the experts
of other departments in the future.
Mr. HARRIS. Mr. Chairman, I want to
make it clear again that this does not
[p. 25052]
mean that the Federal Government is
taking over the solid waste disposal prob-
lem. To the contrary, the Solid Waste
Disposal Act is, I repeat, aimed at mobili-
zation of all levels of government, Federal,
State, and local, recruiting the talents of
scientists and other specialists in industry
to participate in a nationwide program
affecting the health and well-being of most
of our citizens.
It is traditional in this country for the
Federal Government to lend assistance in
eliminating a national problem. This is a
national problem—do not overlook that.
And it is traditional for the Federal
Government to aid in meeting problems
through supporting research demonstra-
tions and training when local, State and
private sources are unable to cope with
the magnitude of the problem.
So let me emphasize that the Federal
moneys are only a small fraction of the
governmental expenditures in this field.
But even so they would be directed at
across-the-board activities which are in-
tended to be beneficial to all of our great
country.
Let us not overlook the fact that solid
wastes are related to and contribute to
our air and water pollution problems.
Certainly if this Congress can provide
national programs for action against air
and water pollution, we can at least do
something about this problem that is as
significant as in all respects of the same
magnitude as the problem of solid wastes
disposal throughout the Nation today.
Our committee by an overwhelming
majority commends this legislative pro-
gram as one of the great forward steps in
an attempt to deal with a national prob-
lem. We hope that the House will approve
this bill in its entirety.
The CHAIRMAN. The gentleman from
Arkansas has consumed 50 minutes and
has 10 minutes remaining.
The Chair recognizes the gentleman
from Nebraska [Mr. CUNNINGHAM] for
1 hour.
Mr. CUNNINGHAM. Mr. Chairman, I
yield myself such time as I may consume.
I wish to speak just a moment on the
subject of solid waste disposal. I am favor-
able that that provision should remain in
this bill. I wonder if I could direct a ques-
tion to the distinguished chairman. I was
going to ask if he might answer the follow-
ing inquiry: Under the definition of "solid
waste," would the chairman think that the
term would include leaves that fall in the
autumn tune?
Mr.'HARRIS. It is conceivable that it
could include refuse that might come from
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STATUTES AND LEGISLATIVE HISTORY
59
leaves, because they would become a part
of waste disposal, which I know the gentle-
man has experienced in great metropolitan
areas. I know at my own home we burn
our leaves in a wire basket or similar con-
tainer in the back yard. It creates certain
disposal waste that we must do something
with. So in that way leaves could become
a solid waste.
Mr. CUNNINGHAM. I appreciate that
response. That is the way I read the legis-
lation. I understand that it would be
included.
Mr. HARRIS. Mr. Chairman, if the
gentleman would yield further, I wish to
reiterate that it is not the intention to
take over the problem of waste disposal.
The program is designed to find new
ways, methods, and techniques of dis-
posing of solid wastes in order that we
can make those ways, methods, and so
forth available to the municipalities and
the communities of our country for waste
disposal.
[p. 25053]
Mr. NELSEN. I thank the gentleman.
I might point out that in the committee
the section of the bill dealing with solid
waste was the only section which seemed
to be in some dispute. We found there
were those who had the opinion that it
should not be in this bill and should be
treated as a separate subject. I believe the
Senate took it out of its bill. However, it
has been considered in another measure
there.
We did feel we should make one sugges-
tion, contained in our minority views.
The Department of Health, Education,
and Welfare made this statement:
The collection and disposal of solid wastes
should continue to be primarily the function of
State, regional, and local agencies.
We continued:
We do not agree, however, with its final con-
clusion because it is our position that the Federal
Government should not participate in solid waste
disposal by providing financial aid including con-
struction money and technical assistance, as the
bill provides.
Now, as the chairman has pointed out,
the purpose which he seeks to gain is ex-
perimental to determine ways in which
we can handle this solid waste, not pri-
marily to give assistance to communities
to eliminate their personal or local prob-
lems but more in the direction of finding a
method that all communities could finally
follow. However, I might mention the
language on page 34 of the bill is rather
broad, but I do think that the legislative
history will pretty well nail down what
the intent of the Congress is. I might say,
however, that there is a minority view in
the report which I have personally signed.
I think there is considerable controversy
relative to this particular section and con-
siderable misunderstanding.
Mr. ROGERS of Florida. Mr. Chair-
man, will the gentleman yield?
Mr. NELSEN. I will be happy to yield
to the gentleman.
Mr. ROGERS of Florida. I would like
to join the gentleman also in establishing
the legislative history which the chairman
attempted to establish and which he has
done so effectively here by saying that the
solid waste disposal program is one for
research and finding new methods of trying
to handle the problem rather than, as you
just stated, going out and trying to solve
the individual community problems of
disposing of solid waste. So I think this is
firmly understood in the debate today and
there should be no area for misunderstand-
ing what we intend. With this in mind I
would very strongly support this proposal
as well as this legislation and urge its
passage.
This legislation has two primary areas
of concern: the abatement of air pollution
and the development of a national program
of research into new and improved meth-
ods of proper and economic solid waste
disposal. These two provisions are in a
sense interdependent on one another. For
f we are to conquer the problems of pro-
viding a clean atmosphere we must be
wepared to meet the exigencies of all
situations which are contributing to the
contamination of that atmosphere.
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60
LEGAL COMPILATION—SOLID WASTE
The committee has recognized that th
collection and disposal of solid wastes is
and should remain, primarily a function
of State, regional, and local agencies. Bu
our hearings on this matter also brough
out the increased need in this area for
new methods and processes. It has there
fore become necessary to conduct studies
on the national level to develop new ant
improved methods of proper and economi
solid-waste disposal. The bill will also
provide assistance to State governments
and interstate agencies in planning, de-
veloping, and conducting solid-waste dis-
posal programs. These programs are not
an encroachment upon the reserve preroga-
tives of the States, but rather an effon
at assisting the States in an area that is
fast outgrowing the present methods oi
treatment. In comparison with the $5
billion figure that is being spent on refuse
collection and disposal, the $500,000 being
spent on studying advanced methods oi
disposal is far and away inadequate.
Currently Federal efforts in this field
are confined solely to the Public Health
Service Act and it is not sufficiently broad
in scope to aid the States in providing
assistance for their programs. Nor are
the current Federal efforts in this field
sufficiently adequate to meet the pressing
needs for research in this area.
In short, Mr. Chairman, the magnitude
of the problem we are attempting to
deal with makes this legislation vitally
necessary. When we consider the number
of motor vehicles on our highways, the
vast concentration of people and industry
in our urban areas, and the projected
increases in both of these factors we can
then, and only then, get some idea of the
goals of this undertaking. I urge passage
of this farsighted measure to insure that
the current problems in air pollution and
solid-waste disposal are adequately met.
Mr. NELSEN. Mr. Chairman, I would
point out that the cost will be $92.5 million
for this purpose in the next 3 years. Of
course, as I stated earlier in the considera-
tion of other legislation before the com-
mittee, I think without question there
are many, many things that would have
great merit which we could do. How-
ever, we do need to proceed with caution
wherever possible in the way of the ex-
penditure of taxpayer dollars. Our country
continues to go deeper into debt, and we
want to be sure every dollar we spend is
properly spent.
Mr. Chairman, I have no further re-
quests for time.
[p. 25054]
Mr. McVICKER. Mr. Chairman, I am
extremely pleased to join with so many of
my colleagues in support of S. 306.
I am equally concerned with the disposal
of solid waste, inasmuch as that is one
of the most pressing problems confronting
my fast-growing suburban district. In that
connection I would like to acquaint my
colleagues of the House with the con-
structive steps taken by one of my pro-
gressive communities to cope with this
problem.
The discussion thus far clearly demon-
strates that the Members of this body are
acutely aware of the urgent need to purge
our cities of the deadly contaminants
which foul their atmosphere. I am con-
fident the Congress will lend concrete sup-
port to State and local efforts in this area.
I would like to discuss another aspect of
ihe measure which we are considering here
»day.
The provisions of title II of S. 306,
which is known as the Solid Waste Dis-
)osal Act, will be of tremendous benefit
io the people of the Second District of
Colorado. The four major counties I
lave the good fortune to represent, once
>redominantly rural in character, are
urbanizing at an extremely rapid rate.
With the growth and concentration of
population the disposal of solid waste has
lecome one of the area's most critical
iroblems. The municipalities and counties
n my district are responsible for pro-
viding, at the minimum, safe and sanitary
ilaces for the disposal of solid wastes,
nd many of the cities and towns collect
-------
STATUTES AND LEGISLATIVE HISTORY
61
refuse as well. In addition, the modifie'
sanitary landfill operation where the citj
and county of Denver puts most of it
solid waste is located in Adams County
part of the Second District. Thus, th
counties within my district are the recipi
ents of the solid waste from anothe
jurisdiction as well as being required t(
provide disposal facilities for waste ma
terial from their own jurisdiction. Fo
many years, Denver's refuse was depositec
in an open, burning dump which is sur
rounded by fine residential areas. For
tunately, the practice of open burning by
the city and county of Denver at this site
was terminated earlier this year. Conse-
quently, the problem of disposing of solic
wastes is serious in my district and has
placed an overwhelming burden upon its
people and local governments.
The local governments of the Seconc
District are not standing by and waiting
for someone to solve this problem for
them. Instead they are beginning the long,
slow, tedious, and costly process of de-
veloping better and less expensive methods
of collecting and disposing of garbage and
refuse. They look to us today to help them
by authorizing a nationwide research and
demonstration program in this field, a
program which will bring the attention of
sanitation experts across the country to
bear on a situation which will have all of
us inundated with waste materials if more
adequate methods are not discovered. I
believe the programs which have been
started by local governments in my dis-
trict, when coupled with other local pro-
grams around the country, will fulfill the
purpose of this important legislation.
With your permission, Mr. Chairman,
I would like to take a few moments to
[p. 25056]
describe a solid waste disposal program
which has just been started on a coopera-
tive basis by the city of Boulder and the
county of Boulder. As you know, Boulder
County is one of the most beautiful in
our Nation, and the city of Boulder, the
county seat and home of the University of
Colorado, with a population of approxi-
mately 50,000, is located at the foot of the
Rocky Mountains below the picturesque
red sandstone flatirons about 30 miles
northwest of Denver.
As early as 1954, the surrounding prop-
erty owners sued the city of Boulder and
asked that the practice of open burning
be stopped. Late in 1962, the city was
named defendant in a lawsuit in which
the plaintiffs asked $750,000 in property
damages. As a result of the program
which the city has undertaken to correct
the hazardous operation of the modified
sanitary landfill, the case was recently
settled out of court for only $4,000.
In 1962, the Public Health Service,
in conjunction with the Boulder City-
County Department of Health, conducted
an environmental health survey for
Boulder County. PHS reported, at the
conclusion of the main survey, that the
modified sanitary landfill operated by the
city of Boulder in an unincorporated por-
tion of Boulder County posed a serious
health hazard for the entire county. The
refuse deposited at the site was burned
in an open pit before being buried, and
rats, other rodents, and insects thrived
at the dump. Smoke from the burning
dump posed a nuisance to surrounding
jroperty owners and residents, and rodents
and insects invaded surrounding property
and homes.
In an effort to provide a sanitary method
of disposing of solid wastes in Boulder
County, the city and county jointly under-
wok a comprehensive study of the matter
with the assistance of the Federal Govern-
ment which was provided through the
lousing and Home Finance Agency's 701
banning program. As a result of this
tudy, it was discovered that the soil con-
litions and high water table in Boulder
Bounty prevented the successful use of
anitary landfill methods. The high ground
vater in almost every area of the county
ed to the conclusion that landfill opera-
ions would result in the serious problem
f polluting part of the water supply for
be county. The poor soil conditions were
rought about by shale beds underlying
•nost of the county at very high levels.
Consequently, sufficient quantities of de-
-------
62
LEGAL COMPILATION—SOLID WASTE
sirable cover materials were not available
for successful sanitary landfill operations.
These problems were further magnified
by the fact that land, the primary in-
gredient for a successful sanitary landfill
operation, is not available in sufficient
quantity on an economical basis. Boulder
is a growing community, and land values
have soared beyond the point where it is
economical for the city or the county to
acquire land close to concentrated areas
of population to devote to this use. To go
farther away from the community where
the solid waste is produced, would present
other problems. The planning study indi-
cated that the cost of hauling refuse to a
sanitary landfill site which the city or the
county could afford to purchase would
range from 25 cents to 40 cents per mile.
These hauling costs would unreasonably
increase the cost of service for the home
and business owner. These facts led city
and county officials to search for another,
less expensive means of solid waste
disposal.
In an effort to overcome the health
hazards existing as a result of the several
open, burning dumps in the county, the
board of county commissioners established
minimum standards for sanitary landfill
operations, and, to date, all of the cities
and private operators have made their
disposal facilities conform. The county
then entered into a contract with a private
firm for the operation of a composting
facility at the county-designated disposal
site. The city of Boulder has designated
this disposal site as the only place where
the private haulers licensed by the city
may deposit refuse they collect. The city
of Lafayette has taken similar action, and
it is hoped that other cities will also
abandon their present dump sites and
designate the new county disposal area.
The change in Boulder County's ap-
pearance has been dramatic since all of
this has taken place. The new county
disposal site is operated under the close
supervision of the Boulder City-County
Department of Health, and is a vast im-
provement over the old sites in terms of
public health standards and esthetics. The
county, the cities, and the private operator
realize that the value of a composting
operation in the field of solid waste dis-
posal lies in finding a market for the
finished product. Consequently, they have
approached Colorado State University
with the idea of developing a research
and demonstration project at this site
for the purpose of illustrating how new
ideas of composting can reduce the cost
of the final product. I understand that
this is just the sort of thing that this legis-
lation is designed to encourage.
We are not authorizing another Federal-
aid program by enacting S. 306. Instead,
we are recognizing that our Nation is
faced with a very serious problem, a prob-
lem which will require the imagination
and hard work of people at all levels of
government if the solution is to be found
in time to save the Nation from its devas-
tating effects. Local governments are
simply 'not equipped financially to find
this solution by themselves. But their
efforts, based on financial and technical
assistance from the Federal Government
and coordination on a nationwide basis,
will be productive.
Gentleman, there is no single, simple
satisfactory solution to the problem of
solid waste disposal, as is indicated by
the study which the local governments
in my district have undertaken. What may
work in Boulder County might not be
successful in other areas of the country.
But enactment of this legislation will
permit the exchange of Boulder's ideas
with those from other parts of the country,
to the end that all parts of the Nation will
receive the benefits of this important
legislation. Mayor Paul Crouch; his city
council; Boulder County Commissioners
Joe Smith, W. D. "Ted" McCaslin, and
G. B. Akins, Jr.; Robert Turner and
Robert Quinlin, the former and present
;ity managers in Boulder; James Kean,
assistant city manager in Boulder; and
Archie Twitchel, Boulder's assistant direc-
tor of planning, should be complimented
:or their devotion to searching for a solu-
tion to the solid waste disposal problems
of Boulder County, Colo.
Their research and action demonstrates
the importance of this problem to local
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STATUTES AND LEGISLATIVE HISTORY
63
governments of all sizes, and it illustrate
to me the importance of our favorable
action on S. 306 today.
[p. 25057
Mr. PELLY.
Mr. Chairman, I have been particularly
interested in the fact that title II was
added to this bill, having to do with the
disposal of solid waste.
Mr. Chairman, the congressional distric
which it is my honor to represent, the city
of Seattle, has been struggling for months
seeking to arrive at the most efficient anc
effective way to dispose of its garbage anc
waste.
Mr. Chairman, I was particularly grati-
fied to have the chairman of the com-
mittee, the distinguished gentleman from
Arkansas [Mr. HARRIS], state that this
bill basically was a bill to develop research
and help the local communities with this
problem, but not tell them what to do.
Mr. Chairman, I realize that this is a
very difficult problem and that each com-
munity should study different ways of
meeting it.
I repeat I am very gratified to have the
chairman of the committee state that this
is basically a research bill and not one of
the Federal Government dictating to local
communities as to how best to meet this
problem.
Mr. CUNNINGHAM. Mr. Chairman,
I yield 5 minutes to the gentleman from
Missouri [Mr. CURTIS].
Mr. CURTIS.
What disturbs me is the statement in
the minority report, found on page 66. I
presume this is a fair statement:
Section 202 of title II—solid waste disposal—is
a long introduction which attempts to rationalize
and justify the whole scheme. This language was
not in the bill passed by the other body or in any
House bill, but was suggested to the committee
by the Department of Health, Education, and
Welfare after the hearings.
I presume, therefore, that the committee
did not hold hearings on section 202 and,
looking at the committee hearings, I find
about the extent of the comment on the
solid waste proposition consists of letters
put in the record, but no cross-examination
of any of the witnesses which, in my judg-
ment, is required if there is to be a study.
I originally was attracted to the prob-
lems by the language on page 7 of the
committee report itself, where this state-
ment was made—and I am going to read
it. Frankly, I would like to know its veri-
fication, referring to the problems of solid
waste disposal:
This is a challenge which State and local govern-
ments cannot meet without assistance from the
Federal Government. The handling and disposal of
solid wastes are costly operations that strain the
resources of State and local agencies.
That is the issue and there has been
no substantiation for the statement. I
must say to the Members of the House it
is the Federal income tax that is under
great pressure as far as strain is concerned.
It is the Federal Government that is not
meeting its bills, and we have to continue
to increase the debt ceiling. There cer-
tainly has been a great strain on local
and State governments with their re-
sources, but they have been meeting
iheir obligations. I was curious to know
low the committee could have reached this
conclusion that the State and local govern-
ments cannot meet this problem without
assistance from the Federal Government.
Then, going on, the following statement
s made:
Approximately $3 billion a year is being spent
oday for refuse collection and disposal through
ervices provided by local governments and private
entrepreneurs.
I suspect it is probably about that
amount of money.
The next statement is the one I want to
)oint up:
In contrast, less than $500,000 annually is being
pent to improve methods of solid waste disposal.
That is something that is surely being
ulled out of the air, because there are
orae companies that spend that amount
f money themselves in trying to figure
ut improved methods of solid waste dis-
osal. I can tell you that the $500,000
-------
64
LEGAL COMPILATION—SOLID WASTE
figure is inaccurate, that it is closer tc
hundreds of millions a year spent trying
to improve the methods of solid waste
disposal.
I have introduced bills to give ta:
credits to private enterprise that will pu
money into the kind of capital investmen
necessary to take care of disposing o:
waste that goes into streams and I mighi
say the disposition of solid wastes. Al-
though a great deal of money is being
spent in this area, a great deal of it ]
will say is on research and development,
but a great deal more needs to be spent.
In my judgment it would be spent if we
would enact legislation similar to the 1962
tax incentive act to encourage our private
corporations to invest in modern ma-
chinery and get rid of obsolescence. This
act gave them an extra tax credit—a tax
credit I might say beyond normal deprecia-
tion schedules. If this is a good policy, I
argue that it would be a better policy to
move forward in this area of solid waste
disposal in the same fashion.
I do note in the committee report in
the letter of the Department of Health,
Education, and Welfare which appears
on page 20, there is reference to some
bills that have been introduced in the tax
incentive area—but they just go ahead
and dismiss it by saying:
However, we defer to the views of the Treasury
Department as to the consistency of the proposed
amendments with national tax policy as well as
the technical adequacy of these provisions.
Well, there are many ways to skin a
rabbit; if we want to move forward in
our society, and we all do, to solve this
great problem of solid waste disposal, I
think the committee has accurately de-
scribed it, as an increasingly great prob-
lem. This needs to be thought of from
many angles. We need to develop what
really is being done in the private sector
and what is being done by our local and
State governments rather than simply
beg the question as is done in the com-
mittee report by saying this is a challenge
which State and local governments cannot
meet without assistance from the Federal
Government.
I again want to call attention to what is
increasingly proving to be true, the Curtis
corollary to Gresham's law—Gresham's
law, saying that bad money draws out
good money. The Curtis corollary simply
says that Government money drives out
private money. It does not have to do
this but if we are not careful, and we have
not been careful, when we move forward
with Federal programs instead of en-
couraging and benefiting the private sector
and local and State governments, we will
bring about a situation that will lead to
the deterioration of the private sector and
local and State governments. There will
be a substitution of the Federal Govern-
ment for the local and State governments
and private initiative.
[p. 25058]
Mr. HARRIS. Mr. Chairman, I yield
myself such time as I may require. I do
so because I think it is important to com-
ment on some of the statements made by
the gentleman from Missouri.
Let me say I appreciate the gentleman's
bringing these points to the attention of
the committee. First I would refer to the
tax credit matter. It is true that the state-
ment which was included in the Depart-
ment's report deferred to the Treasury.
[ would remind the gentleman that the
Treasury has also given us a letter which
s included in the report on pages 50 and 51
and I think it would be important to take
note of that.
In the second place, with reference to
tax credits, that is a matter that is with
another committee and with which we
cannot deal in connection with this pro-
gram. Like the Department when it de-
erred to the Treasury, we of the Interstate
and Foreign Commerce Committee, defer
o the Committee on Ways and Means
.hat has jurisdiction over these problems.
Next, the gentleman from Missouri, I
>elieve, did give the impression, though
tot intentionally, in reading the language
n the report about the challenge which
he State and local governments cannot
meet, that this has reference to the entire
iroblem of waste disposal.
The gentleman did not include in the
-------
STATUTES AND LEGISLATIVE HISTORY
65
statement the first sentence of the para
graph, occurring immediately prior to th
sentence he started off reading. The gentle
man referred to the challenge and it
importance. The first sentence states:
In the opinion of the committee, immediat
action must be taken to initiate a national progran
directed toward finding and applying new solu
tions to the waste disposal problem.
That is the challenge which the State
and local governments are unable to meet
It is not the actual disposal program
itself. It is rinding new methods anc
techniques dealing with the problem.
Mr. CURTIS. Mr. Chairman, will the
gentleman yield?
Mr. HARRIS. I yield to the gentleman
from Missouri.
Mr. CURTIS. The gentleman is making
a proper point. Indeed that is so. But you
then go on, in the final sentence, to say:
In contrast, less than $500,000 annually is being
spent to improve methods of solid waste disposal.
That is the point I was contesting.
Mr. HARRIS. The gentleman did make
that very appropriate point. We did not
intend to convey the impression that that
amount was all of the funds being spent
in that field. We had in mind that this
amount is what the Government is spend-
ing in the field.
Mr. CURTIS. I see.
Mr. HARRIS. What we had reference
to was that in the 1965 budget the total
of all solid waste research would include
12 grants amounting to $393,747. We did
not include or attempt to include what was
being spent in the private sector.
Mr. CURTIS. Mr. Chairman, will the
gentleman yield further?
Mr. HARRIS. I yield.
Mr. CURTIS. I thank the gentleman.
In other words, that is what the Federal
Government has been spending.
Mr. HARRIS. Yes. That is the informa-
tion we intended to convey.
Mr. CURTIS. I think the gentleman
acted properly in direction attention to
that sentence I did not read. I was not
trying to confuse the matter. The gentle-
man has clarified it.
Mr. HARRIS. Yes; I understand
thoroughly. I thank the gentleman for
calling the point to the attention of Mem-
bers, particularly the reference to the
total amount of the research expendi-
ture, which is included in the report. We
intended to mean the amount of Govern-
ment funds going into that field.
[p. 25059]
Mr. KING of Utah. Mr. Chairman, I
wish to express my support for S. 306 on
behalf of the smaller and medium-sized
cities and counties of my district. The
municipal and county officials of my dis-
trict are confronted with the overwhelming
problem of disposing of solid wastes, and
they are, therefore, extremely interested
in our action on what is known as the
Solid Waste Disposal Act portion of this
legislation.
During my travels throughout my dis-
trict, I have noted that there are far too
many open, burning dumps scarring the
countryside. However, I recognize fully
;hat the local governments of such com-
munities as Provo, Salt Lake City, and
Orem lack the financial resources to re-
search the disposal of this waste material
>y more suitable methods. This legislation,
f acted upon favorably, will authorize
,he expenditure of funds for the develop-
ment and demonstration of new and less
expensive solid waste disposal techniques,
Iven if the cities and counties of my dis-
trict do not actively participate in the
>rogram, this legislation will help develop
and make available new techniques which
will be available to all cities. The new
.echniques should make solid waste dis-
Dosal less expensive and more effective for
all. For these reasons I urge the adoption
f S. 306 as reported by the Committee on
nterstate and Foreign Commerce.
[p. 25061]
Mr. HELSTOSKI.
For a richer and healthier life, under
lean skies, we should take a three-step
pproach to this problem.
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66
LEGAL COMPILATION—SOLID WASTE
First. Impress upon the automobile
manufacturers to install antipollutant
devices upon every motor vehicle leaving
the factory. If this cannot be done on a
voluntary basis then this Congress should
enact legislation to make such installations
mandatory.
Second. Take steps to find a method to
reduce the sulfur content in fuels used
by industry which contribute so much to
the pollution of the air around these in-
dustrial centers.
Third. Waste disposal problems should
be solved in such a way so as to end the
overburdening of our cities' incinerators
and the open burning of rubbish.
If we do anything less than this we are
neglect in our duty to the people of our
Nation. I am sure that the legislation
before us at this time will be far reaching
toward finding a solution to this problem
to provide a healthier climate around us.
[p. 25062]
Mr. ROOSEVELT. Mr. Chairman, I
rise in support of the Clean Air and Solid
Waste Disposal Acts. As my colleagues
know, I am not an engineer, nor am I a
specialist in the various ways of disposing
of the mountains of solid waste accumu-
lated each day in our country. I became
interested in the subject, however, because
the problem is daily becoming more acute
in California and in other States which
are experiencing rapid growth in terms of
population, agriculture, industry, and
commerce.
In statements presented to the House
of Representatives at the time I intro-
duced legislation on solid waste disposal
last year and again early in this session,
I described the national solid waste situa-
tion in some detail, based on information
I had received from conversations with,
and through reading articles by, many
people who know most about this problem.
I learned that we have within our means
the technological resources to grapple
with the problem and work toward a solu-
tion, and I am very gratified that the bill
now under consideration gives recognition
to the urgency for immediate attention.
Mr. RYAN.
We need solutions to our solid waste
disposal problems. This bill will provide
the assistance for that research.
At last Congress has recognized this
problem and begun to deal with it. The
problem becomes more complex, difficult
and expensive with every day that passes.
This legislation will begin to cope with
the disposal of wastes that cause 50 percent
of our air pollution.
Mr. Chairman, it is time we stopped
killing ourselves.
[p. 25063]
Mrs. DWYER.
The present bill would deal with both
sources of pollution, auto exhaust, and
solid waste disposal. It will help bring
closer the mandatory installation on new
cars of devices to reduce the volume of
harmful hydrocarbons and carbon mon-
oxide which have poured unimpeded from
the exhausts of tens of millions of cars.
It will also help prevent new air pollution
before it gets out of hand, improve re-
search and development facilities, and
initiate an attempt to find new, safer, and
more sanitary ways of disposing of solid
wastes like garbage, rubbish, refuse,
debris, and so forth, which pollute both
the air and water.
This is not a very radical bill, Mr.
Chairman, nor does it go as far as many
of us—alarmed at the speed with which
air pollution is endangering the total en-
vironment—believe we should go in simple
self-defense. It is a welcome step forward,
albeit a modest one, and if it is backed
by adequate funds and effective enforce-
ment it can make a substantial difference
in the battle against pollution.
[p. 25065]
The CHAIRMAN. Are there any other
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STATUTES AND LEGISLATIVE HISTORY
67
amendments to be offered to title I?
not, the Clerk will read.
The CLERK. Page 32, line 11:
TITLE II SOLID WASTE DISPOSAL
Short title
[reprint of the bill followed as it appeared in th
House Report]
[p. 25066
Mr. HARRIS (interrupting the reading
of the bill). Mr. Chairman, title II, which
begins at page 32, line 11, and goes through
the remainder of the bill on page 43, ha:
to do with solid waste disposal. We havi
thoroughly debated this title and what is
intended in all of its provisions. Therefore
I ask unanimous consent that the title
be considered as read, printed at this poin'
in the RECORD, and open for amendment
The CHAIRMAN. Is there objection
to the request of the gentleman from
Arkansas?
There was no objection.
AMENDMENT OFFERED BY MR. NELSEN
Mr. NELSEN. Mr. Chairman, I offer
an amendment.
The Clerk read as follows:
Amendment offered by Mr. NELSEN: Page 32,
strike out line 11 and all that follows down through
and including line 6 on page 43.
Mr. NELSEN. Mr. Chairman, this
amendment bears out the wishes of the
minority as expressed in the minority
views on page 66 of the report. However,
there was some mention by one member
of the group that there may have been
some basis for a more favorable report
than indicated. I might point out that in
our minority views we stated that we felt
this particular portion of the bill should
have been separately considered; and, it
was not logically a part of this legislation.
We also point out in our view that we felt
this was primarily a function of local
governments and not the responsibility
of the Federal Government. Therefore,
Mr. Chairman, I have offered the amend-
ment in support of the minority view and
move its adoption.
Mr. HARRIS. Mr. Chairman, I rise
in opposition to the amendment.
Mr. Chairman, I shall take only a few
minutes, in view of the extensive discus-
sion which we had on this question during
the general debate.
Mr. Chairman, I hope this amendment
will not prevail. I believe that this Con-
gress has the vision and the courage to
recognize the facts with which we are
faced in this country. I do not believe
that even those who are opposed to this
would question the need and the desir-
ability for a program of new techniques
and methods of disposing of one-half
billion pounds of refuse and waste disposal
that we have in this country every day.
Now, Mr. Chairman, if the members of
the Committee do not believe that adds
up to a sizable amount, just stop for 1
minute and think about it. Every day,
one-half billion pounds of garbage is
dumped on this country of ourg.
Mr. Chairman, we have made it very
clear that there has been some very fine
work in this field by private companies
and the efforts of others.
There are examples to which we can
point, but as I stated in general debate,
over one-half of the cities in the United
States with populations of 2,500 or more
do not have a program to adequately dis-
pose of this material without there being
a real health hazard to the people of
;he areas.
Now, Mr. Chairman, are we going to
stick our heads in the sand? Are we going
,o close our eyes to this problem when
we know that the local communities and
States are unable to combat and meet the
>roblem of developing new techniques?
Mr. Chairman, if we do not have some
new method or way of meeting this prob-
em, then 10 years from now, let me tell
fou, my colleagues, we will be confronted
with a most serious situation.
Mr. Chairman, we are undertaking,
.oday, to provide a program to meet the
mperative need 10, 20, and even more
•ears in the future and not just today.
Mr. Chairman, I just believe that this
louse of Representatives has the courage
nd the foresight to look down the road
nd to leave something to which our own
hildren will point with pride and say,
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68
LEGAL COMPILATION—SOLID WASTE
"I thank God for what my dad did 10
years ago or 20 years ago," because believe
me, otherwise a serious problem is going
to be here.
Mr. Chairman, all we attempt to do
here is to set up a program through re-
search, studies, investigations, and demon-
strations to develop new methods and
techniques in this field.
There is no problem that faces us today
that is more imperative than that one.
I hope the pending amendment will be
defeated.
Mr. GROSS. Mr. Chairman, I rise in
support of the pending amendment.
I may say to the gentleman from
Arkansas [Mr. HARRIS], that I support
this amendment for the reason that I
want to take a look down the road. I want
to take a look at the bill that is coming
out of the Committee on Public Works
with respect to so-called highway beauti-
fication, the elimination of automobile
junkyards, and that sort of thing.
I note in your report on page 7 that
this is one of the things you plan to go
into with this bill.
Mr. HARRIS. Mr. Chairman, will the
gentleman yield?
Mr. GROSS. I yield to the gentleman
from Arkansas.
Mr. HARRIS. I believe that is the
wrong construction. It is not our intention
to go into a program involving automo-
bile—I do not want to say "junkyard,"
because the industry objects to that term
—but automobile disposal belongs to
another committee.
Mr. GROSS. Let me read what you say
on page 7:
Solid wastes include a great variety of things
that individuals, manufacturers, commercial estab-
lishments, and communities discard as no longer
usable, such as garbage, rubbish, Cashes, street
refuse, demolition debris, construction refuse,
abandoned automobile hulks, old refrigerators, and
furniture.
It is clear that under this bill it is
planned to go into the business of eliminat-
ing junkyards. You go further, and say:
Accumulations of litter, refuse, and junk cause
fire hazards, contribute to accidents and destroy
the beauty of cities and the countryside.
I repeat, a beautification bill is coming
from the Public Works Committee. Why
not dispense with this $90-million provi-
sion of the present bill? We can all agree
on the necessity and the hope that title I
will provide clean air. I sometimes wonder
if we should not apply it to the House of
Representatives as well as the countryside.
But why not postpone this expensive phase
of the bill until we see how far they are
going to roam with the beautification bill
coming out of the Committee on Public
Works. On the basis of your report you
are certainly getting into that field.
Mr. HARRIS. Mr. Chairman, will the
gentleman yield?
Mr. GROSS. I yield to the gentleman
from Arkansas.
Mr. HARRIS. In the first place, we
have air conditioned the House Chamber
in an effort to meet the problem that the
gentleman refers to.
Mr. GROSS. I did not know it was pro-
posed to deal with air conditioning. I
thought it was a question of purifying
the air.
Mr. HARRIS. I will say again that the
gentleman and those who have serious
objections, that we are not going to get
into the business of disposing of these
things. We leave that to the other com-
mittee and other legislation. What we are
doing is providing a program for the
discovery of new methods and techniques
For the disposal of such waste disposal. We
do not get into the field of actually setting
up a program to dispose of it.
[p. 25068]
Mr. GROSS. Is the gentleman trying
;o say that the Committee on Public
Works is going to bring a bill out, pro-
viding for spending a considerable amount
of money as I understand it, without
laving discovered any techniques for
Setting rid of junkyards? Incidentally,
! am informed that the State of Texas
eads all States in the number of auto-
mobile junkyards.
Can it be possible the Public Works
tommittee will bring a bill out here
without having gone into the necessary
-------
STATUTES AND LEGISLATIVE HISTORY
69
techniques for the elimination of junk
yards?
Mr. HARRIS. In the first place, if the
gentleman will permit, I doubt very seri-
ously that our colleagues from Texas would
admit that statement that the gentleman
just made is correct.
Mr. GROSS. I would not expect him
to and I would not want him to.
Mr. HARRIS. I think at least there
would be some argument about it. Bu
again, there we go. We get these health
hazards that develop from such things
as old refrigerators and things of that kind
that we do not know what to do with
except to take them off and dump them
in a hole somewhere. As a result, some
areas in the country are running out oi
holes and we have to devise some new
means and methods of disposing of such
waste that create these health hazards.
The CHAIRMAN. The time of the
gentleman has expired.
Mr. CURTIS. Mr. Chairman, I rise in
support of the amendment.
Mr. Chairman, as the chairman of the
legislative committee has said, we have
had some debate on this and indeed we
have. But the whole point is, as I have
tried to say in general debate, this matter
has not been studied by the committee:
Section 202 of title II was not in the bill passed
by the other body or in any House bill. But it was
suggested to the committee by the Department of
HEW after the committee hearings.
I am reading from the minority report
which I assume is accurate. Certainly this
is a matter of great concern—$3 billion
apparently is spent a year by our local
communities and private enterprises in
the disposal of this waste. This bill would
authorize $92 million on a research pro-
gram where there has not been any co-
ordination with other programs. It is very
clear just from the colloquy that went on
between the gentleman from Iowa and the
chairman of the committee that there is
no coordination of this suggested program
here and of the programs that exist.
It is very true that we cannot expect
the Committee on Interstate and Foreign
Commerce to coordinate programs that
are not within its jurisdiction, such as the
one I mentioned on the tax credit approach
through the Committee on Ways and
Means and the one which the gentleman
from Iowa mentioned that is coming to
us under the public works bill. But I
certainly would expect the executive de-
partment, the Department of Health,
Education, and Welfare, for example, to
have coordinated this program with the
other programs that exist in the executive
department. This has not been done.
The reason I support the amendment
is because I think this matter ought to go
back to the committee for hearings, which
hearings have not been held, to find out
what other programs there are where it
might need coordination. It is only in this
way that we can intelligently spend, I
suggest, $92 million over a period of the
next 4 years in research and development.
I, myself, would like to know and have a
better idea of the sums of money presently
being spent on research and development
in this area now by both private enterprise
and local and State governments.
Mr. HARRIS. Mr. Chairman, will the
gentleman yield?
Mr. CURTIS. I yield to the gentleman.
Mr. HARRIS. The gentleman has re-
ferred again to the fact that this provision
was not included in the bill that came from
the other body.
Mr. CURTIS. I simply say this is what
the minority views say and that has not
seen contested so I assume it is so.
Mr. HARRIS. I should have referred
:o this earlier. But notwithstanding what
s included in the minority views, if the
gentleman has a copy of the bill, and will
refer to page 11, showing where the whole
matter from the other body was stricken
out and a new bill was written by the
louse, he will find that a statement of
)urpose is included in section 202 of the
Senate passed bill.
It has to do with the same problem that
we include in section 202 of our bill, which
he gentleman will find on page 32.
We made other changes in title II. The
>rincipal change that was made from what
was then in the Senate bill was that the
Senate bill provided that our pollution
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70
LEGAL COMPILATION—SOLID WASTE
control agencies of the States should be
in charge of waste disposal research
studies and surveys. We feel that this
problem ought to be attacked by those
who have the expertise in the field of solid
waste disposal instead of the highly tech-
nical problem of air pollution.
So, consequently our version of the bill
does not provide for this new program to
be carried out by the air pollution boards
of the States. We feel that it was a justified
change. After calling this matter to the
attention of the Department and the Ad-
ministration, they agreed and accepted
that viewpoint. That is the reason for
the change.
Mr. CURTIS. I think there is great
merit to that change.
Yet I still come back to the basic point.
In looking at the hearings and listening
to the debate, I find that little evidence
has been developed and has been made
available to us as to what is being done
by local and State governments and pri-
vate enterprise in this area of solid waste
disposal.
Mr. HARRIS. Mr. Chairman, I ask
unanimous consent that all debate on the
pending amendment close in 10 minutes.
The CHAIRMAN. Without objection,
it is so ordered.
Mr. JONAS. Mr. Chairman, I move
to strike out the last word.
I shall not take 5 minutes but asked
for this time in order not to interrupt
a speaker and to direct a question or two
to the chairman of the committee.
First, I fully support title I. I have not
made up my mind on the current amend-
ment, but would like to know why it is
necessary to authorize appropriations 4
years in advance if the sole purpose of
title II is to engage in research in order
to develop new techniques for the disposal
of solid waste. As I understood the gentle-
man from Arkansas, the purpose of that
title is to do what I have just said. There
is no intention or purpose in this title to
participate in the actual disposal of waste.
That is a matter for the local communities,
the cities, and the municipalities con-
cerned. The intention is to limit the ac-
tivity of the Federal Government to the
financing of research in order to develop
new techniques.
Mr. HARRIS. And some demonstra-
tions.
Mr. JONAS. What if they come up with
a satisfactory new technique that will solve
this problem in a year? You would not
need to continue to spend money on the
program then.
Mr. HARRIS. If, within a year, there
is a breakthrough of great importance, the
Appropriations Committee and the Con-
gress would have no need to make any
further appropriation in that field. The
proposal is merely an authorization. We
would undertake the program on a limited
basis from year to year for a period of 4
years. Only two-thirds of the fund—
approximately $60 million—would be for
that particular type of program. The other
one-third—approximately $30 million or
thereabouts—would be appropriated to
the Department of the Interior during
this time because, as the gentleman knows,
as one travels throughout this country,
he sees certain areas of the country which
are filled with great holes and all kinds
of hazards which have developed. For
example, in my own State we have the
bauxite area, which is a most terrible
looking thing.
We made it very clear that they were
not going to have programs of trying to
beautify all these areas. This is a program
to develop methods by which industry can
prevent such from happening in the future.
Mr. JONAS. It is not intended to be
related to the elimination of these hazards?
Mr. HARRIS. It is intended to include
research, studies and demonstrations to
develop techniques and methods which
will eliminate these hazards.
Mr. JONAS. How can we eliminate such
a hazard without filling the hole up?
Mr. HARRIS. That is one of the prob-
ems we hope to solve. There will be con-
iracts the Secretary will enter into with
people who will be involved. Then these
methods would be applied.
Mr. JONAS. I understood the gentle-
man from Arkansas to say that a sub-
stantial number of cities in the United
States—I do not recall the percentage—
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STATUTES AND LEGISLATIVE HISTORY
71
do not have any effective plans for thi
elimination of solid waste. I would as
sume from that the other cities do have
[p. 25069
productive plans. I could not imagine the
air at cities of New York, Chicago, Phila
delphia, and others I might name, not
having spent considerable time and effor
trying to develop new methods and tech-
niques for eliminating solid waste. Can
the gentleman tell me whether they have
been derelict in that?
Mr. HARRIS. I would not want to say
there has been dereliction. I believe il
has been a matter of capability, in respect
to all the gentleman mentioned.
Mr. JONAS. I could have named others.
Mr. HARRIS. Yes. In the field of dis-
posal of waste, Milwaukee, Wis., has estab-
lished the kind of program that would
be desirable. That is an example which
should not be overlooked.
Mr. ROGERS of Texas. Mr. Chairman,
I move to strike the requisite number
of words.
The CHAIRMAN. The gentleman from
Texas is recognized.
Mr. COLLIER. Mr. Chairman, a parlia-
mentary inquiry.
The CHAIRMAN. The gentleman will
state it.
Mr. COLLIER. Do I correctly under-
stand that an agreement has been entered
to limit debate to 10 minutes? I presume
there is at the desk the names of Members
who were on their feet at the time the
unanimous-consent request was granted.
The CHAIRMAN. The gentleman was
standing. The Chair will recognize the
gentleman from Texas for 2j minutes.
Mr. JONAS. Mr. Chairman, a parlia-
mentary inquiry.
The CHAIRMAN. The gentleman will
state it.
Mr. JONAS. I believe I was recognized
by the Chair before the unanimous consent
was granted. I believe each of the gentle-
men now should be entitled to 5 minutes.
The CHAIRMAN. The gentleman
makes a proper statement of the case.
The Chair recognizes the gentleman from
Texas for 5 minutes, and will later recog-
nize the gentleman from Illinois for 5
minutes.
Mr. ROGERS of Texas. Mr. Chairman,
I want to say at this point that I supported
title I of this measure vigorously, as I have
for many years. However, I feel there are
some things which should be said concern-
ing title II.
No one doubts that we need a program
in this country for the disposal of solid
waste. No one would deny that.
However, the manner in which this has
been approached is contrary to my views
as to how the program should be ap-
proached. In the first instance, we are
providing over $90 million for research
in this field. This is a problem that has
been faced by every city in the country
large or small. Much work has been done
by private agencies and is being done now.
This $90 million can be handed out to
any Tom, Dick, or Harry that might
appeal to these departments that are being
handed these funds. I object to that, and
I do not think that much money ought
to be spent. To show you the significance
of it, for a period of well over 10 years the
program to desalt water, which is one of
the most important programs in the his-
tory of mankind, has not spent more
money than is proposed here. And I call
your attention to the fact that this $90
million is only for a period of 3 years.
The next thing I want to point out is
ihis: This bill is the authorization of funds
;o be appropriated up to June 1969. I
oppose this type of authorization, because
t takes away from the legislative com-
mittee the right to go into these matters
'urther if they are not being handled in a
iroper manner and in a manner that the
Congress wants them to be handled in
during the first year of the program. We
made this change in the desalinization
>rogram so that these departments down-
own must not only come back to our
Committee on Appropriations, for which
have full respect, but to the legislative
ommittee which has the power in the
irst instance. I do not believe the best
nterest of the taxpayer will be served by
his procedure.
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72
LEGAL COMPILATION—SOLID WASTE
For those reasons I expect to support
the amendment to strike out title II.
In my opinion this type of program
handled under this procedure is an open
invitation to corruption and scandal.
The CHAIRMAN. The Chair recog-
nizes the gentleman from Illinois [Mr.
COLLIER] for 5 minutes.
Mr. COLLIER. I thank the chairman.
I am delighted that the Chair recognized
the gentleman from Texas first, because I
rise to echo the sentiments he has ex-
pressed, but I would add thereto the fact
that the colloquy earlier in this debate
today together with the debate on the
legislation on this floor yesterday certainly
makes it eminently clear to me—and it
should to every Member of this House—
that the manner in which we have been
scoop shoveling legislation through this
House this year is creating a very serious
problem with regard to conflicts, overlap
and duplication not only within the
sprawling agencies, commissions, and
bureaus set up by the Congress day in
and day out. In fact similar conflicts and
overlap of duties and responsibilities have
occurred in areas that have been tradi-
tionally those of the States and local
governments.
If this Congress proceeds in the next
few months the way it has in the past 9
months, we will have to establish a new
agency in this Government just to co-
ordinate the programs and bureaus, be-
cause the left bureaucratic hand does not
know what the right bureaucratic hand is
doing any more. Then we may be faced
with the further problem of creating a
coordinating agency to coordinate the co-
ordinators. It is just getting that bad.
In conclusion, Mr. Chairman, I would
say that I think this body would act
wisely today to support the pending
amendment so that we can move on to
support title I of the bill, which I think, of
course, is necessary and good legislation.
Mr. ROGERS of Florida. Mr. Chair-
man, will the gentleman yield?
Mr. COLLIER. I will be delighted to
yield to my good friend from Florida.
Mr. ROGERS of Florida. Mr. Chair-
man, I would like to take issue with the
gentleman on the fact that title II is not
needed. I think the chairman pointed
out very vividly the problem that exists
today of solid waste disposal which we
have. We have to face 500 million pounds
of solid waste disposal in this country
every day. In 15 years they estimate this
problem will triple, so it will be 1.5 billion
pounds every day. Now, all that this title
does, as has been pointed out here, is to
provide research funds to try to find out
how to solve the problem; that is, not to
get into the garbage business and dispose
of it but simply to find some new knowl-
edge as to what we can do and, further,
to find new knowledge as to how this
material can be reused and money ob-
tained from it, perhaps, to pay more back
into the country than we can put into the
research program which this one section
would allow.
Mr. Chairman, I would urge very
strongly the defeat of this amendment.
Mr. COLLIER. Mr. Chairman, I would
say that the gentleman from Florida has
merely reiterated what the distinguished
chairman has said. The question involved
here, it seems to me, is not necessarily
in recognizing the problem which we face
but in attempting to coordinate many
programs in the private sector as well as
in the areas of our educational effort in
this Government that are already working
on similar programs or programs akin to
the one proposed in title II of this bill.
Mr. DOLE. Mr. Chairman, will the
gentleman yield?
Mr. COLLIER. I yield to the gentle-
man.
Mr. DOLE. I agree with the gentleman
;hat we are all against waste, and I think
this is a good opportunity to dispose of
about $92 million of it by supporting this
amendment.
I thank the gentleman.
Mr. COLLIER. I thank the gentleman
'or his contribution.
The CHAIRMAN. The question is on
;he amendment offered by the gentleman
'rom Minnesota [Mr. NELSBN].
The question was taken; and on a divi-
-------
STATUTES AND LEGISLATIVE HISTORY
73
sion (demanded by Mr. NELSEN) there
were—ayes 29, noes 101.
So the amendment was rejected.
AMENDMENT OFFEKED BY MR. DADDARIO
Mr. DADDARIO. Mr. Chairman,
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. DADDARIO: Line 25
page 38, after the word "disposal.", add the follow
ing: "In carrying out the provisions of this section
the Secretary and each department, agency, am
officer of the Federal Government having functions
or duties under this Act shall make use of and ad
here to the Statement of Government Paten-
Policy which was promulgated by the President in
his memorandum of October 10, 1963. (3 CFR
1963 Supp., p. 238.)"
Mr. HARRIS. Mr. Chairman, will the
gentleman yield?
Mr. DADDARIO. I yield to the chair-
man of the committee.
Mr. HARRIS. Mr. Chairman, I believe
we can dispose of this amendment very
briefly. The gentleman proposes an
amendment to the committee amendment
in the bill that was worked out by the
committee primarily under the lead-
ership of the gentleman from California
[p. 25070]
[Mr. Moss]. The gentleman from Con-
necticut will recall that when we had
S. 1588, the transportation research bill,
there was an amendment in that bill
similar to the amendment included in this
bill. The gentleman from Connecticut and
I had a colloquy on it at that time.
Here in the Senate-passed bill the so-
called Long amendment on patents was
included in the bill. Now, our committee
struck out the so-called Long provision
of the Senate-passed bill, and we included
the amendment that had been worked out
similar to the one contained in S. 1588,
the transportation research bill, and it is
included in this bill.
So, therefore, this will involve a possible
conference between the House and the
other body as to a resolution of the matter
between the two provisions.
Mr. Chairman, in view of that, the
gentleman from Connecticut proposes an
amendment that would refer to the
Government patent policy promulgated
by the President in his memorandum of
October 10, 1963. In view of the fact that
it brings this limited provision within the
rule promulgated by that memorandum,
it seems to me that it would be in keeping
with the provision that was intended.
Mr. Chairman, I have discussed the
matter with the gentleman from Cali-
fornia [Mr. Moss] in view of the fact that
he did take the major part in developing
the amendment and it is satisfactory to
him. The gentleman from California has
indicated that he is willing to accept the
amendment of the gentleman from Con-
necticut.
Therefore, Mr. Chairman, I am per-
fectly willing to accep't the amendment.
Mr. CUNNINGHAM. Mr. Chairman,
will the gentleman yield?
Mr. DADDARIO. I yield to the gentle-
man from Nebraska.
Mr. CUNNINGHAM. I would like to
agree with the chairman and say those of
us on the minority side also accept the
amendment.
The CHAIRMAN. The question is on
the amendment offered by the gentleman
from Connecticut.
The amendment was agreed to.
The CHAIRMAN. The question now is
on the committee substitute.
The committee substitute was agreed to.
The CHAIRMAN. Under the rule, the
bmmittee rises.
Accordingly, the Committee rose; and
.he Speaker having resumed the chair,
Vlr. FLOOD, Chairman of the Committee
of the Whole House on the State of the
Jnion, reported that that Committee
laving had under consideration the bill
S. 306) to amend the Clean Air Act to
equire standards for controlling the emis-
ion of pollutants from gasoline-powered
T diesel-powered vehicles, to establish a
''ederal Air Pollution Control Laboratory,
and for other purposes, pursuant to House
lesolution 587, he reported the bill back
o the House with an amendment adopted
>y the Committee of the Whole.
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74
LEGAL COMPILATION—SOLID WASTE
The SPEAKER. Under the rule, the
previous question is ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER. The question is on
the third reading of the bill.
The bill was ordered to be read a third
time, and was read the third time.
Mr. DEVINE. Mr. Speaker, I offer a
motion to recommit.
The SPEAKER. Is the gentleman op-
posed to the bill?
Mr. DEVINE. I am, in its present form,
Mr. Speaker.
The SPEAKER. The Clerk will report
the motion to recommit.
The Clerk read as follows:
Mr. DEVINE moves to recommit the bill to the
Committee on Interstate and Foreign Commerce
with instructions to report it back forthwith with
an amendment as follows: Page 32, strike out line
11 and all that follows down through and including
line 6 on page 43.
Mr. HARRIS. Mr. Speaker, I move
the previous question on the motion to
recommit.
The previous question was ordered.
The SPEAKER. The question is on the
motion to recommit.
The question was taken.
Mr. GROSS. Mr. Speaker, I object to
the vote on the ground that a quorum is
not present, and make the point of order
that a quorum is not present.
The SPEAKER. Evidently a quorum is
not present.
The Doorkeeper will close the doors,
the Sergeant at Arms will notify absent
Members, and the Clerk will call the roll.
The question was taken; and there were
—yeas 80, nays 220, not voting 132, * * *
[p. 25071]
The title was amended so as to read:
"An Act to amend the Clean Air Act to
require standards for controlling the emis-
sion of pollutants from certain motor
vehicles, to authorize a research and de-
velopment program with respect to solid-
waste disposal, and for other purposes."
A motion to reconsider was laid on the
table.
[p. 25073J
l.la (3)(d) Oct. 1: Senate concurred in House amendments, p.
25851
Mr. MUSKIE.
Mr. President, these are the differences
between the two versions of S. 306 which
concerned us. We are satisfied that the
Senate can accept the House version,
knowing that we will have unproved the
Clean Air Act, taken a major step toward
the control of automotive exhausts, and
started a new program for the control of
solid waste disposal. I urge that the Senate
concur in the House amendments.
In closing, Mr. President, I want to ex-
press my appreciation to my colleagues on
the Subcommittee on Air and Water Pollu-
tion and to the staffs of the Public Works
Committee and the committee members
for their contribution to the bill. I want
to commend the members of the House
committee, and particularly Chairman
HARRIS, for the contribution they have
made to the improved Federal program for
the control and abatement of air pollution.
Mr. President, I move that the Senate
concurs in the House amendments.
The PRESIDING OFFICER. The mo-
tion is on agreeing to the motion of the
Senator from Maine.
The motion was agreed to.
[p. 25851]
-------
STATUTES AND LEGISLATIVE HISTORY 75
Lib ONE-YEAR EXTENSION OF SOLID WASTE DISPOSAL
AUTHORIZATION
October 15, 1968, P.L. 90-574, Title V, §506, October 15, 1968,
82 Stat. 1013
ONE YEAR EXTENSION OF SOLID WASTE DISPOSAL AUTHORIZATION
SEC. 506. Section 210 of the Solid Waste Disposal Act (42 U.S.C. 3259)
is amended—
(1) by striking out "and not to exceed $20,000,000 for the fiscal
year ending June 30, 1969" in subsection (a) and inserting in lieu
thereof "not to exceed $20,000,000 for the fiscal year ending June
30, 1969, and not to exceed $19,750,000 for the fiscal year ending
June 30, 1970"; and
(2) by striking out "and not to exceed $12,500,000 for the fiscal
year ending June 30, 1969" in subsection (b) and inserting in lieu
thereof "not to exceed $12,500,000 for the fiscal year ending June
30, 1969, and not to exceed $12,250,000 for the fiscal year ending
June 30, 1970".
[p. 1013]
Lib (1) HOUSE COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE
H.R. REP. No. 1536, 90th Cong., 2d Sess. (1968)
GRANTS FOR REGIONAL MEDICAL PROGRAMS, AGRICUL-
TURAL MIGRANT WORKERS, AND ALCOHOLIC AND NAR-
COTIC ADDICT REHABILITATION FACILITIES
JUNE 10, 1968.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. STAGGERS, from the Committee on Interstate and Foreign
Commerce, submitted the following
REPORT
[To accompany H.R. 15758]
The Committee on Interstate and Foreign Commerce, to whom was
referred the bill (H.R. 15758) to amend the Public Health Service Act
-------
76 LEGAL COMPILATION—SOLID WASTE
so as to extend and improve the provisions relating to regional medical
programs, to extend the authorization of grants for health of migratory
agricultural workers, to provide for specialized facilities for alcoholics
and narcotic addicts, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
[p-1]
l.lb (2) SENATE COMMITTEE ON LABOR AND PUBLIC
WELFARE
S. REP. No. 1454, 90th Cong., 2d Sess. (1968)
HEALTH SERVICE AMENDMENTS OF 1968
JULY 24, 1968.—Ordered to be printed
Mr. HILL, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
[To accompany H.R. 15758]
The Committee on Labor and Public Welfare, to which was referred
the bill (H.R. 15758) to amend the Public Health Service Act so as to
extend and improve the provisions relating to regional medical programs,
to extend the authorization of grants for health of migratory agricultural
workers, to provide for specialized facilities for alcoholics and narcotic
addicts, and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the bill
as amended do pass.
[p. 1]
-------
STATUTES AND LEGISLATIVE: HISTORY 77
Lib (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 1924, 90th Cong., 2d Sess. (1968)
HEALTH SERVICES AND FACILITIES AMENDMENTS
SEPTEMBER 25, 1968.—Ordered to be printed
Mr. STAGGERS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 15758]
The committee of conference on the disagreeing votes of the two Houses
on the amendment of the Senate to the bill (H.R. 15758) to amend the
Public Health Service Act so as to extend and improve the provisions
relating to regional medical programs, to extend' the authorization of
grants for health of migratory agricultural workers, to provide for
specialized facilities for alcoholics and narcotic addicts, and for other
purposes, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
* * *
[p-1]
SOLID WASTE DISPOSAL
The Senate amendment provided a 1-year extension, at the current
authorization level of $32.5 million, for the program of research and
demonstrations into disposal of solid wastes. The House bill contained
no provision on this subject.
[p. 13]
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78
LEGAL COMPILATION—SOLID WASTE
l.lb (4) CONGRESSIONAL RECORD, VOL. 114 (1968)
l.lb (4)(a) July 27: Amended and passed Senate, p. 23802
The PRESIDING OFFICER. The bill
is open to amendment.
Mr. SPONG. Mr. President, I send to
the desk an amendment and ask for its
consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
At the end of the bill insert a new section as
follows:
"ONE TEAR EXTENSION OF SOLID WASTE
DISPOSAL AUTHOKIZATION
"SEC. 507. Subsections (a) and (b) of section 210
of the Solid Waste Disposal Act (42 U.S.C. 3259)
are each amended by inserting before the period
at the end thereof a comma and 'and for the suc-
ceeding fiscal year'."
Mr. SPONG. Mr. President, the amend-
ment to H.R. 15758 which I have sent to
the desk does not relate to this particular
legislation but is instead an amendment
to the Solid Waste Disposal Act of 1965.
The language of this amendment is identi-
cal to the bill, S. 3201, which was reported
by the Senate Committee on Public Works
and which simply continues for 1 year the
authorizations for the Federal solid waste
disposal program. The language of S. 3201
is being added to this legislation in order
to facilitate passage during this session of
the 90th Congress.
The Committee on Public Works was
informed by the appropriate House com-
mittee that it would be difficult to hold
hearings and report the House version of
this legislation this year. The leadership
of that committee also indicated that this
amendment would be accepted if attached
to H.R. 15758. The noncontroversial na-
ture of the simple extension of the solid
waste program, combined with a need to
have the fiscal year 1970 authorization
precede the appropriations suggest the
usefulness of this approach.
The Solid Waste Disposal Act of 1965—
Public Law 89-272 title II—launched a
new program to develop efficient means
of disposing the millions of tons of solid
wastes that clog the Nation's cities and
countryside. In 1965 only two States had
identifiable solid waste programs, while
today 38 States are developing modern
plans for statewide solid waste programs
and comprehensive survey of solid waste
problems and practices under the Depart-
ment of Health, Education, and Welfare
grants.
The quantities of solid waste have be-
come so great in recent years that tradi-
tional methods of disposal are either
inefficient or ineffective. Incineration and
landfill, the traditionally accepted methods
of disposal, are inadequate and often com-
pound existing air and water pollution
problems degrading the overall quality of
the environment.
A report prepared at the request of
Senator J. CALEB BOGGS, entitled "Avail-
ability, Utilization, and Salvage of
Industrial Materials," suggests that the
industrial economy of the United States—•
and indeed that of the entire industrial
world—should undergo a shift from a use-
and-discard approach to a system which
includes methods of salvage, reprocessing,
and reuse. The report further suggests
that the timing of this conversion need
not be precise, nor immediate, but that
it must occur, or man, in the future,
faces a continually degrading environ-
ment which will eventually be intolerable
to him.
The President, in his conservation mes-
sage of March 11, 1968, called for a com-
prehensive review of current solid waste
disposal technology to be undertaken by
the Director of the Office of Science and
Technology, working with the appropriate
Cabinet officers. This review is to consider
two key problems: first, how to lower the
present high costs of solid waste dis-
posal, and second, how to improve and
strengthen Government-wide research and
development in this field.
In order to take advantage of the re-
sults of this study it is desirable that a
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STATUTES AND LEGISLATIVE HISTORY
79
simple 1-year extension of the Solid
Waste Disposal Act be granted. This ex-
tension is provided by S. 3201. Following
completion of the President's study the
Public Works Committee will evaluate
the results which should indicate the best
and most useful methods of handling
solid waste disposal. At that time hearings
will be held on S. 1646, or similar pro-
posals, which would authorize a massive
Federal grant program to assist com-
munities in the construction of solid
waste disposal facilities.
Mr. President, I move the adoption of
the amendment.
Mr. BOGGS. Mr. President, as a co-
sponsor of S. 3201, now in the form of an
amendment, to H.R. 15758, the pending
bill, I wish to join in the remarks made
by the Senator from Virginia [Mr. SPONG].
Solid waste disposal represents a grow-
ing problem in this country, and while
we have made good strides in controlling
pollution of air and water, we are faced
with developing programs and methods
to help dispose of the increasing amounts
of solid waste.
This simple 1-year extension of the
existing Solid Waste Disposal Act will
give the Department of Health, Education,
and Welfare the authority to continue its
research and fund some pilot programs
seeking an answer to this serious problem.
I commend the Senator from Maine
[Mr. MTJSKIE] for his continued leader-
ship in the pollution field and I urge ap-
proval of this amendment by the Senate.
Mr. HILL. We have no objection to the
amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amendment
of the Senator from Virginia.
The amendment was agreed to.
The PRESIDING OFFICER. The
question is on agreeing to the committee
amendment in the nature of a substitute,
as amended.
The committee amendment, as amend-
ed, was agreed to.
[p. 23802]
l.lb (4)(b) Sept. 27: Conference report agreed to in Senate, p. 28601
Mr. MUSKIE.
SOLID WASTE DISPOSAL
The Senate amendment provided a 1-
year extension at the current authoriza-
tion level of $32.5 million for the program
of research and demonstrations into dis-
posal of solid wastes. The House bill con-
tained no provision on this subject.
The conference substitute authorizes
$32 million for this purpose for the fiscal
year ending June 30, 1970.
The conference report is signed by all
of the conferees on the part of the Senate
and by all of the conferees on the part of
the House.
Mr. President, I move the adoption of
the report.
The motion was agreed to.
[p. 28601]
l.lb (4)(c) Oct. 1: Conference report agreed to in House, p. 28851
Mr. STAGGERS.
The Senate amendment also contained
a 1-year extension of the Solid Waste
Disposal Act, and the House conferees
agreed to this provision with a reduction
from $32.5 million for fiscal 1970 to $32
million. The conference agreement also
provides a 1-year increase in authori-
zations for the Gorgas Memorial Labo-
ratory of $500,000. The work of this
laboratory involves the study of tropical
disease.
[p. 28601]
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80 LEGAL COMPILATION—SOLID WASTE
l.lc EXTENSION OF SOLID WASTE DISPOSAL ACT
July 10, 1970, P.L. 91-316, 84 Stat. 416
An act to extend the Clean Air Act, as amended, and the Solid Waste Disposal Act,
as amended, for a period of sixty days.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That pending extensions by
Act of Congress of the Clean Air Act and Solid Waste Disposal Act,
the authorizations contained in sections 104 (c) and 309 of the Clean
Air Act, as amended, for the fiscal year ending June 30, 1970, and the
authorization contained in section 210 of the Solid Waste Disposal Act,
as amended, for the fiscal year ending June 30,1970, shall remain available
through August 31, 1970, notwithstanding any provisions of those
sections.
Approved July 10, 1970.
[p. 416]
l.lc (1) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 91-941, 91st Cong., 2d Seas. (1970)
TEMPORARY EXTENSIONS OF CLEAN AIR AND
SOLID WASTE DISPOSAL ACT
JTJNB 23, 1970.—Ordered to be printed
Mr. MUSKIE, from the Committee on Public Works,
submitted the following
REPORT
[To accompany S. 4012]
The Committee on Public Works reports a clean bill, S. 4012, and
recommends that the bill do pass.
The purpose of this bill is to provide an extension of the authorization
for the solid waste and air pollution programs. This bill will continue
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STATUTES AND LEGISLATIVE HISTORY
81
those authorizations at their present level through August 31, 1970.
It is needed to provide time for careful consideration of pending air
quality and solid waste legislation. The authorizations in existing law are
greater than the levels of appropriation requested in the President's
budget. This extension would allow appropriation for this 2-month
period of the unappropriated balance of fiscal year 1970 authorizations.
Therefore, the Appropriations Committee can be guided by this resolu-
tion. The Senate Committee on Public Works fully anticipates comple-
tion of action on both solid waste legislation and air pollution legislation
prior to the first of September. The Resource Recovery Act, S. 2005,
will be reported for Senate action in the near future. Pending air pollution
legislation will be available for Senate floor action by mid-July.
[p. 1]
l.lc (2) CONGRESSIONAL RECORD, VOL. 116 (1970)
l.lc (2)(a) June 25: Considered and passed in Senate, pp. 21363-
21364
EXTENSION OF THE CLEAN AIR
ACT AND SOLID WASTE DISPOSAL
ACT
The bill (S. 4012) to extend the Clean
Air Act, as amended, and the Solid
Waste Disposal Act, as amended, for a
period of 60 days was considered, ordered
to be engrossed for a third reading, read
the third time, and passed, as follows:
S. 4012
Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled. That pending extensions by Act of
Congress of the Clean Air Act and Solid Waste
Disposal Act, the authorizations contained in sec-
tions 104(c) and 309 of the Clean Air Act, as
amended, for the fiscal year ending June 30, 1970,
and the authorization contained in section 210 of
the Solid Waste Disposal Act, as amended, for the
fiscal year ending June 30, 1970, shall remain
available through August 31, 1970, notwithstanding
any provisions of those sections.
[p. 21363]
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed in
the RECORD an excerpt from the report
(No. 91-941), explaining the purposes of
the measure.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
The purpose of this bill is to provide an exten-
sion of the authorization for the solid waste and
air pollution programs. This bill will continue
those authorizations at their present level through
August 31, 1970. It is needed to provide time for
careful consideration of pending air quality and
solid waste legislation. The authorizations in
existing law are greater than the levels of appro-
priations requested in the President's budget. This
extension would allow appropriation for this
2-month period of the unappropriated balance of
fiscal year 1970 authorizations. Therefore, the
Appropriations Committee can be guided by this
resolution. The Senate Committee on Public Works
fully anticipates completion of action on both
solid waste legislation and air pollution legislation
prior to the first of September. The Resource
Recovery Act, S. 2005, will be reported for Senate
action in the near future. Pending air pollution
egislation will be available for Senate floor action
jy mid-July.
[p. 21364]
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82
LEGAL COMPILATION—SOLID WASTE
l.lc (2)(b) June 30: Considered and passed House, p. 22095
EXTENDING THE CLEAN AIR ACT,
AND THE SOLID WASTE DIS-
POSAL ACT
Mr. STAGGERS. Mr. Speaker, I ask
unanimous consent for the immediate
consideration of the bill (S. 4012) to ex-
tend the Clean Air Act, as amended, and
the Solid Waste Disposal Act, as amended,
for a period of 60 days.
The Clerk read the title of the Senate
bill.
The SPEAKER. Is there objection to
the request of the gentleman from West
Virginia?
There was no objection.
The Clerk read the Senate bill as follows:
S. 4012
Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congreu
assembled. That pending extensions by Act of
Congress of the Clean Air Act and Solid Waste
Disposal Act, the authorizations contained in sec-
tions 104(c) and 309 of the Clean Air Act, as
amended, for the fiscal year ending June 30, 1970,
and the authorization contained in section 210 of
the Solid Waste Dispoaal Act, as amended, for the
fiscal year ending June 30, 1970, shall remain avail-
able through August 31, 1970, notwithstanding any
provisions of those sections.
The Senate bill was ordered to be read
a third time, was read the third time,
and passed, and a motion to reconsider
was laid on the table.
[p. 22095]
l.ld THE RESOURCE RECOVERY ACT OF 1970
October 26, 1970, P.L. 91-512, 84 Stat. 1227
An act to amend the Solid Waste Disposal Act in order to provide financial assistance
for the construction of solid waste disposal facilities, to improve research programs
pursuant to such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as
the "Resource Recovery Act of 1970".
TITLE I—RESOURCE RECOVERY
SEC. 101. Section 202(b) of the Solid Waste Disposal Act is amended
to read as fonows:
"(b) The purposes of this Act therefore are—
"(1) to promote the demonstration, construction, and application
of solid waste management and resource recovery systems which
preserve and enhance the quality of air, water, and land resources;
"(2) to provide technical and financial assistance to States and
local governments and interstate agencies in the planning and
development of resource recovery and solid waste disposal programs;
[p. 1227]
"(3) to promote a national research and development program
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STATUTES AND LEGISLATIVE HISTORY 83
for improved management techniques, more effective organizational
arrangements, and new and improved methods of collection, separa-
tion, recovery, and recycling of solid wastes, and the environmentally
safe disposal of nonrecoverable residues;
"(4) to provide for the promulgation of guidelines for solid waste
collection, transport, separation, recovery, and disposal systems;
and
"(5) to provide for training grants in occupations involving the
design, operation, and maintenance of solid waste disposal systems."
SEC. 102. Section 203 of the Solid Waste Disposal Act is amended by
inserting at the end thereof the following:
"(7) The term 'municipality' 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
disposal, or an Indian tribe.
"(8) The term 'intermunicipal agency' means an agency established
by two or more municipalities with responsibility for planning or ad-
ministration of solid waste disposal.
"(9) The term 'recovered resources' means materials or energy recovered
from solid wastes.
"(10) The term 'resource recovery system' means a solid waste manage-
ment system which provides for collection, separation, recycling, and
recovery of solid wastes, including disposal of nonrecoverable waste
residues."
SEC. 103. (a) Section 204(a) of the Solid Waste Disposal Act is amended
to read as follows:
"SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate
with, and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies, and
institutions, private agencies and institutions, and individuals in the
conduct of, and promote the coordination of, research, investigations,
experiments, training, demonstrations, surveys, 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 disposal programs;
"(3) the reduction of the amount of such waste and unsalvageable
waste materials;
"(4) 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; and
"(5) the identification of solid waste components and potential
materials and energy recoverable from such waste components."
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84 LEGAL COMPILATION—SOLID WASTE
(b) Section 204(d) of the Solid Waste Disposal Act is repealed.
SEC. 104. (a) The Solid Waste Disposal Act is amended by striking
out section 206, by redesignating section 205 as 206, and by inserting
after section 204 the following new section:
"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL
ENERGY AND MATERIALS
"SEC. 205. (a) The Secretary shall carry out an investigation and study
to determine—
"(1) means of recovering materials and energy from solid waste,
recommended uses of such materials and energy for
[p. 1228]
national or international welfare, including identification of potential
markets for such recovered resources, and the impact of distribu-
tion of such resources on existing markets;
"(2) changes in current product characteristics and production
and packaging practices which would reduce the amount of solid
waste;
"(3) methods of collection, separation, and containerization
which will encourage efficient utilization of facilities and contribute
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 reclamation
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 allow-
ances, capital gains treatment and other tax incentives and dis-
incentives, upon the recycling and reuse of materials, and the likely
effect of the modification or elimination of such incentives and
disincentives upon the reuse, recycling, and conservation of such
materials; and
"(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other manufactured
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.
The Secretary shall from time to time, but not less frequently than
annually, report the results of such investigation and study to the
President and the Congress.
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STATUTES AND LEGISLATIVE HISTORY 85
"(b) The Secretary is also authorized to carry out demonstration proj-
ects to test and demonstrate methods and techniques developed pursuant
to subsection (a).
"(c) Section 204 (b) and (c) shall be applicable to investigations,
studies, and projects carried out under this section."
(b) The Solid Waste Disposal Act is amended by redesignating sections
207 through 210 as sections 213 through 216, respectively, and by in-
serting after section 206 (as so redesignated by subsection (a) of this
section) the following new sections:
"GRANTS FOR STATE, INTERSTATE, AND LOCAL PLANNING
"SEC. 207. (a) The Secretary may from time to time, upon such terms
and conditions consistent with this section as he finds appropriate to
carry out the purposes of this Act, make grants to State, interstate,
municipal, and intermunicipal agencies, and organizations composed of
public officials which are eligible for assistance under section 701(g) of
the Housing Act of 1954, of not to exceed 66f per centum of the cost
in the case of an application with respect to an area including only one
municipality, and not to exceed 75 per centum of the cost in any other
case, of—
"(1) making surveys of solid waste disposal practices and problems
within the jurisdictional areas of such agencies and
"(2) developing and revising solid waste disposal plans as part
of regional environmental protection systems for such areas, pro-
viding for recycling or recovery of materials from wastes whenever
possible and including planning for the reuse of solid waste
[p. 1229]
disposal areas and studies of the effect and relationship of solid
waste disposal practices on areas adjacent to waste disposal sites,
"(3) developing proposals for projects to be carried out pursuant
to section 208 of this Act, or
"(4) planning programs for the removal and processing of
abandoned motor vehicle hulks.
"(b) Grants pursuant to this section may be made upon application
therefor which—
"(1) designates or establishes a single agency (which may be an
interdepartmental agency) as the sole agency for carrying out the
purposes of this section for the area involved;
"(2) indicates the manner in which provision will be made to
assure full consideration of all aspects of planning essential to
areawide planning for proper and effective solid waste disposal
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86 LEGAL COMPILATION—SOLID WASTE
consistent with the protection of the public health and welfare,
including such factors as population growth, urban and metropolitan
development, land use planning, water pollution control, air pollution
control, and the feasibility of regional disposal and resource recovery
programs;
"(3) sets forth plans for expenditure of such grant, which plans
provide reasonable assurance of carrying out the purposes of this
section;
"(4) provides for submission of such reports of the activities of
the agency in carrying out the purposes of this section, in such form
and containing such information, as the Secretary may from time
to time find necessary for carrying out the purposes of this section
and for keeping such records and affording such access thereto as
he may find necessary; and
"(5) provides for such fiscal-control and fund-accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting for funds paid to the agency under this section.
"(c) The Secretary shall make a grant under this section only if he
finds that there is satisfactory assurance that the planning of solid waste
disposal will be coordinated, so far as practicable, with and not duplicate
other related State, interstate, regional, and local planning activities,
including those financed in part with funds pursuant to section 701 of
the Housing Act of 1954.
"GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID WASTE
DISPOSAL FACILITIES
"SEC. 208. (a) The Secretary is authorized to make grants pursuant
to this section to any State, municipal, or interstate or intermunicipal
agency for the demonstration of resource recovery systems or for the
construction of new or improved solid waste disposal facilities.
"(b) (1) Any grant under this section for the demonstration of a
resource recovery system may be made only if it (A) is consistent with
any plans which meet the requirements of section 207 (b) (2) of this
Act; (B) is consistent with the guidelines recommended pursuant to
section 209 of this Act; (C) is designed to provide areawide resource
recovery systems consistent with the purposes of this Act, as determined
by the Secretary, pursuant to regulations promulgated under sub-
section (d) of this section; and (D) provides an equitable system for
distributing the costs associated with construction, operation, and main-
tenance 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.
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STATUTES AND LEGISLATIVE HISTORY 87
"(c) (1) A grant under this section for the construction of a new or
improved solid waste disposal facility may be made only if—
[p. 1230]
"(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 Secretary for the purposes of this Act, and (iii) is consistent
with the guidelines recommended under section 209, 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.
"(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 serving
an area which includes only one municipality, and not more than 75
percent in any other case.
"(d) (1) The Secretary, within ninety days after the date of enactment
of the Resource Recovery Act of 1970, shall promulgate regulations
establishing a procedure for awarding grants under this section 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, metropolitan
regions, and rural areas, under representative geographic and en-
vironmental 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 Secretary (A) 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 economic and
commercial viability of the project (including contractual arrangements
with the private sector to market any resources recovered); (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 com-
prehensive regional or metropolitan area planning.
"(e) 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) (1) applies, the first-year
operation and maintenance costs;
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88 LEGAL COMPILATION—SOLID WASTE
"(2) may not be provided for land acquisition or (except as other-
wise provided in paragraph (1) (B) for operating or maintenance
costs;
"(3) may not be made until the applicant has made provision
satisfactory to the Secretary for proper and efficient operation
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 Secretary 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 Secretary.
"(f) (1) Not more than 15 percent of the total of funds authorized to
be appropriated under section 216 (a) (3) for any fiscal year to carry
out this section shall be granted under this section for projects in any
one State.
"(2) The Secretary shall prescribe by regulation the manner in which
this subsection shall apply to a grant under this section for a project in
an area which includes all or part of more than one State.
[p. 1231]
"SEC. 209. (a) The Secretary shall, in cooperation with appropriate
State, Federal, interstate, regional, and local agencies, allowing for
public comment by other interested parties, as soon as practicable after
the enactment of the Resource Recovery Act of 1970, recommend to
appropriate agencies and publish in the Federal Register guidelines for
solid waste recovery, collection, separation, and disposal systems (in-
cluding systems for private use), which shall be consistent with public
health and welfare, and air and water quality standards and adaptable
to appropriate land-use plans. Such guidelines shall apply to such systems
whether on land or water and shall be revised from tune to time.
"(b) (1) The Secretary shall, as soon as practicable, recommend model
codes, ordinances, and statutes which are designed to implement this
section and the purposes of this Act.
"(2) The Secretary shall issue to appropriate Federal, interstate,
regional, and local agencies information on technically feasible solid
waste collection, separation, disposal, recycling, and recovery methods,
including data on the cost of construction, operation, and maintenance
of such methods.
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STATUTES AND LEGISLATIVE HISTORY 89
"SEC. 210. (a) The Secretary is authorized to make grants to, and
contracts with, any eligible organization. For purposes of this section
the term 'eligible organization' means a State or interstate agency, a
municipality, educational institution, and any other organization which
is capable of effectively carrying out a project which may be funded by
grant under subsection (b) of this section.
"(b) (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 Secretary, 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
combine training, education, and employment) for training persons
for occupations involving the management, supervision, design,
operation, or maintenance of solid waste disposal and resource
recovery equipment and facilities; or
"(B) to train instructors and supervisory personnel to train or
supervise persons in occupations involving the design, operation,
and maintenance of solid waste disposal 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 Secretary 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 is required by section 207 (b) (4) and (5) with respect to applications
made under such section.
"(c) The Secretary shall make a complete investigation 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 oc-
cupational advancement in the solid waste disposal and resource
recovery field which may limit either available manpower or the
advancement of personnel in such field.
[p. 1232]
He shall report the results of such investigation and study, including
his recommendations to the President and the Congress not later than
one year after enactment of this Act.
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90 LEGAL COMPILATION—SOLID WASTE
"APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO EXECUTIVE
AGENCIES
"SEC. 211. (a) (1) If—
"(A) an Executive agency (as defined in section 105 of title 5,
United States Code) has jurisdication over any real property or
facility the operation or administration of which involves such
agency in solid waste disposal activities, or
"(B) 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 disposal activities,
then such agency shall insure compliance with the guidelines recom-
mended under section 209 and the purposes of this Act in the operation
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 compliance 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 sub-
section.
"(b) 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 Secretary to insure compliance with guidelines
recommended under section 209 and the purposes of this Act.
"SEC. 212. The Secretary shall submit to the Congress no later than
two years after the date of enactment of the Resource Recovery Act
of 1970, a comprehensive report and plan for the creation of a system
of national disposal sites for the storage and disposal of hazardous wastes,
including radioactive, toxic chemical, biological, and other wastes which
may endanger public health or welfare. Such report shall include: (1)
a list of materials which should be subject to disposal in any such site;
(2) current methods of disposal of such materials; (3) recommended
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STATUTES AND LEGISLATIVE HISTORY 91
methods of reduction, neutralization, recovery, or disposal of such
materials; (4) an inventory of possible sites including existing land or
water disposal sites operated or licensed by Federal agencies; (5) an
estimate of the cost of developing and maintaining sites including con-
sideration of means for distributing the short- and long-term costs of
operating such sites among the users thereof; and (6) such other informa-
tion as may be appropriate."
(c) Section 215 of the Solid Waste Disposal Act (as so redesignated
by subsection (b) of this section) is amended by striking out the head-
[p. 1233]
ing thereof and inserting in lieu thereof "GENERAL PROVISIONS"; by
inserting "(a)" before "Payments"; and by adding at the end thereof
the following:
"(b) No grant may be made under this Act to any private profit-
making organization."
SEC. 105. Section 216 of the Solid Waste Disposal Act (as so redesignated
by section 104 of this Act) is amended to read as follows:
"SEC. 216. (a) (1) There are authorized to be appropriated to the
Secretary of Health, Education, and Welfare for carrying out the
provisions of this Act (including, but not limited to, section 208), not
to exceed $41,500,000 for the fiscal year ending June 30, 1971.
"(2) There are authorized to be appropriated to the Secretary of
Health, Education, and Welfare to carry out the provisions of this Act,
other than section 208, not to exceed 172,000,000 for the fiscal year
ending June 30, 1972, and not to exceed $76,000,000 for the fiscal year
ending June 30, 1973.
"(3) There are authorized to be appropriated to the Secretary of
Health, Education, and Welfare to carry out section 208 of this Act
not to exceed $80,000,000 for the fiscal year ending June 30, 1972, and
not to exceed $140,000,000 for the fiscal year ending June 30, 1973.
"(b) There are authorized to be appropriated to the Secretary of the
Interior to carry out this Act not to exceed $8,750,000 for the fiscal
year ending June 30, 1971, not to exceed $20,000,000 for the fiscal year
ending June 30, 1972, and not to exceed $22,500,000 for the fiscal year
ending June 30, 1973. Prior to expending any funds authorized to be
appropriated by this subsection, the Secretary of the Interior shall con-
sult with the Secretary of Health, Education, and Welfare to assure
that the expenditure of such funds will be consistent with the purposes
of this Act.
"(c) Such portion as the Secretary may determine, but not more than
1 per centum, of any appropriation for grants, contracts, or other pay-
ments under any provision of this Act for any fiscal year beginning after
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92 LEGAL COMPILATION—SOLID WASTE
June 30, 1970, shall be available for evaluation (directly, or by grants
or contracts) of any program authorized by this Act.
"(d) Sums appropriated under this section shall remain available
until expended."
[p. 1234]
l.ld (1) HOUSE COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE
H.R. REP. No. 91-1155, 91st Cong., 2d Sess. (1970)
RESOURCE RECOVERY ACT OF 1970
JUNE 4, 1970.—Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
Mr. STAGGERS, from the Committee on Interstate and Foreign
Commerce, submitted the following
REPORT
[To accompany H.R. 11833]
The Committee on Interstate and Foreign Commerce, to whom was
referred the bill (H.R. 11833) to amend the Solid Waste Disposal Act
in order to provide financial assistance for the construction of solid
waste disposal facilities, to improve research programs pursuant to such
act, and for other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as amended
do pass.
The amendment strikes out all of the bill after the enacting clause
and inserts in lieu thereof a substitute which appears in the reported bill
in italic type.
PURPOSES OF LEGISLATION
The purposes of the legislation are (1) to expand and intensify the
development of new technologies for solid waste disposal; (2) to promote
greater initiative on the part of the States in assuming increasing re-
sponsibilities for solid waste disposal programs; (3) to stimulate the con-
struction by States and municipalities of pilot facilities utilizing new
and improved waste disposal technologies; and (4) to conduct studies
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STATUTES AND LEGISLATIVE HISTORY 93
to determine economical means of and appropriate incentives for, (a)
recovering useful materials and energy from solid waste and (&) reducing
the amount of such waste and facilitating the disposability thereof
through improved production and packaging practices.
These objectives are to be achieved through (1) studies, investigations,
and demonstration projects conducted by the Secretary of HEW
[p. 1]
and (2) construction grants to States and municipalities as well as inter-
state and intermunicipal agencies to contribute to the financing of pilot
facilities utilizing new and improved technologies if the construction of
such facilities is part of a State or interstate plan setting forth a com-
prehensive plan for solid waste disposal in the particular area or areas
involved.
NEED FOR LEGISLATION
This Nation is generating approximately 360 million tons of industrial,
municipal, and commercial solid waste. This amount is expected to double
by 1980. To manage this waste, we spend $4.5 billion annually. While
these expenditures are increasing steadily, we are failing to do a satis-
factory job. The greatest amount of the moneys spent goes for collecting
solid waste and transporting it to some place where it may be dumped
or burned.
The most prevalent method for disposing of solid waste is open dump-
ing. Yet, 94 percent of the open dumping facilities used are inadequate,
since the dumped waste either is not covered daily with dirt as it properly
should, or is being burned, or creates water pollution problems. Incinera-
tion is the second most frequently employed method. Yet, 75 percent
of all municipal incinerators are inadequate because they are inefficient
in reducing solid wastes, or create air pollution problems, or both. If
present collection methods are not improved we shall not be able to build
and operate enough trucks to collect the growing volume of waste
materials.
Improved collection and disposal methods, however, will not suffice
to take care of the steadily growing volume of solid waste materials.
We shall have to develop new technologies for reclaiming and recycling
usable materials and energy from such solid waste. We shall also have to
improve production and packaging methods of products which end up
as solid waste so as to reduce the amount of such waste and to facilitate
the disposal thereof.
The development of such technologies is difficult and costly. The
present level of funding of research to take care of a $4.5 billion problem
is entirely inadequate. One such technology which holds out the greatest
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94 LEGAL COMPILATION—SOLID WASTE
promise is the generating of electric power from solid wastes and adequate
funds should be made available promptly to reduce the leadtime in the
case of this particular technology as much as possible. Beyond the de-
velopment of such technologies, however, we shall have to provide
adequate economic incentives to make the recapture and recycling of
useful materials and energy attractive to those private industries which
produce the products which are not used up but end up as solid waste.
The following tables indicating the composition of municipal solid
waste suggest which industries are primarily responsible for generating
such waste and what materials are primarily available for reuse or re-
cycling.
[P-2]
Composition and Analysis of Composite Municipal Refuse (1966) 1
Percent
Components by weight
1. Corrugated paper boxes 23.38
2. Newspaper 9.40
3. Magazine paper 6.80
4. Brown paper 5.57
5. Mail 2.75
6. Paper food cartons 2.06
7. Tissue paper 1.98
8. Wax cartons .76
9. Plastic coated paper .76
10. Vegetable food wastes 2.29
11. Citric rinds and seeds 1.53
12. Meat scraps, cooked 2.29
13. Fried fats 2.29
14. Wood 2.29
15. Ripe tree leaves 2.29
16. Flower garden plants 1.53
17. Lawn grass, green 1.53
18. Evergreens 1.53
19. Plastics .76
20. Rags .76
21. Leather goods .38
22. Rubber composition .38
23. Paint and oils .76
24. Vacuum cleaner catch .76
25. Dirt 1.53
26. Metals 6.85
27. Glass, ceramics, ash 7.73
28. Adjusted moisture 9.05
Total 100.00
1 Source: Kaiser, E. R. Chemical analyses of refuse components, 1966.
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STATUTES AND LEGISLATIVE HISTORY 95
EXHIBIT C
Municipal Solid Wastes: Physical Characteristics Data 1 (Typical Ranges)
Percent
Category by weight
Metal products 8-11
Glass products 8-11
Paper products 40-54
Food wastes 10-26
Yard wastes 3-80
Wood products 3-70
Plastic products 1-20
Cloth, rubber, leather, synthetics 1-20
Dirt, ashes, rocks, and other inerts 1-50
1 Source: "Characteristics of Municipal Solid Waste Management," Scrap Age, February 1969.
Additionally, the responsibility for the development of improved
solid waste disposal programs cannot be left to individual municipalities,
small and large, which traditionally have shouldered the responsibility
for solid waste disposal, but the States must demonstrate increasing
concern in this area. Prior to 1965, the year when the Solid Waste Disposal
Act first was enacted by the Congress, few States assumed any respon-
sibility for formulating solid waste disposal programs. While the number
of States which have been willing to
[p. 3]
develop action programs has increased greatly since that year, the time
now has come to stimulate through a highly selective grant program the
construction of advanced disposal facilities designed to carry out such
State plans on an area-by-area basis.
The legislation reported by your committee is designed to further all
of these various objectives, and only through the pursuit of these several
objectives is there any hope that the steadily mounting problem of solid
waste management can be dealt with successfully.
SECTION-BY-SECTION ANALYSIS
Section 1. Title
Section 1 sets forth the title of the bill: "Resource Recovery Act of
1970."
Section 2. Definitions
Section 2 amends section 203 of the Solid Waste Disposal Act by
adding a definition of the term "municipality".
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96 LEGAL COMPILATION—SOLID WASTE
Section 3. Multiple objectives of studies
Section 3 amends section 204 of the Solid Waste Disposal Act so as
to emphasize (a) reduction of the amount of solid waste and, (6) new
and improved methods of collecting and disposing of solid waste, and,
(c) recovery of usable materials or energy from solid waste as the multiple
objectives of studies, research, experiments, training, and demonstrations
to be conducted by the Secretary of Health, Education, and Welfare.
Section 4- Special study, planning, and construction grants, and standards
Section 4 (a) of the bill redesignates section 205 of the act as 206,
inserts a new section 205 (relating to a special study), redesignates sections
207 through 210 as 210 through 213, and inserts new subsections 207
through 209. The new subsections 205, 207, 208, and 209 are described
below.
New section 205 of act.—Special study and demonstration projects on re-
covery of useful energy and materials
This section directs the Secretary of Health, Education, and Welfare
to carry out an investigation and study to determine—
(1) Economical means of recovering useful materials from solid
waste, recommended uses of such materials for national or inter-
national welfare, and the market impact of such recovery;
(2) Appropriate incentive programs (including tax incentives) to
assist in solving the problems of solid waste disposal;
(3) Practicable changes in current production and packaging
practices which would reduce the amount of solid waste; and
(4) Practicable methods of collection and containerization which
will encourage efficient utilization of facilities and contribute to
more effective programs of reduction, reuse, or disposal of wastes.
The Secretary is directed to report the results of such investigation
and study to the President and the Congress.
The Secretary is authorized to carry out demonstration projects to
test and demonstrate techniques developed as a result of the study.
The provisions contained in section 204 of the act relating to patents
and information resulting from Government-financed research activities
are applicable to such demonstration projects.
[P-4]
New section 207 of act—Planning grants
The new section 207 of the Solid Waste Disposal Act (a revision of
section 206 of existing law) authorizes planning grants to State, inter-
state, municipal, and intermunicipal agencies as well of metropolitan,
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STATUTES AND LEGISLATIVE HISTORY 97
regional, or district councils of government1 of not to exceed 66f per
centum in the case of a project serving an area which does not include
more than one municipality and not to exceed 75 per centum in any other
case, and not to exceed 50 per centum of the cost of overseeing the im-
plementation, enforcement and modification of such plans. Such planning
grants are to be available for (1) making surveys of solid waste disposal
practices and problems within the jurisdictional areas of such agencies
and (2) developing solid waste disposal plans as part of regional environ-
mental protection systems for such areas, including planning for the reuse,
as appropriate, of solid waste disposal areas and studies of the effect
and relationship of solid waste disposal practices on areas adjacent to
waste disposal sites.
To qualify for planning grants, an applicant must meet the following
conditions :
(1) Designate or establish a single agency as the sole agency to
discharge for the area involved the responsibilities contemplated by
this section;
(2) Indicate how an areawide planning of effective solid waste
disposal programs provision will be made for the consideration of
such public health factors as population growth, urban and metro-
politan development, land use planning, water and air pollution
control, and the feasibility of regional disposal programs;
(3) Set forth how the grant will be expended so as to carry out
the purposes of this section;
(4) Provide for submission of a final report by the agency on its
activities, and for submission of such other reports and information
as the Secretary may prescribe; and
(5) Provide for appropriate fiscal control and accounting
procedures.
Grants under this section shall be made only if the Secretary finds
that the planning will not duplicate, but will be coordinated with, other
related planning activities.
New section 208 of act—Grants for construction
This section provides grants to any State, municipality or interstate
or intermunicipal agency for the construction of projects utilizing new
and improved techniques of demonstrated usefulness in reducing the
environmental impact of solid waste disposal, promoting the recovery of
energy or resources, or the recycling of useful materials.
The program contemplated by this section is not a general grant-in-aid
1 These councils of government are composed of public officials representative of the political jurisdic-
tions within a metropolitan area, region, or district, and are eligible for planning grants under section
701 (g) of the Housing Act of 1954.
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98 LEGAL COMPILATION—SOLID WASTE
program entitling each State to a share in available grant funds. The
program is an experimental one designed to assist in the financing of
advanced solid waste disposal facilities within those States which have
demonstrated a willingness to assume responsibilities for formulating
comprehensive solid waste disposal programs for intrastate or inter-
state areas within their territories. Within the framework of such
[p. 5]
plans, municipalities may apply singly or jointly for grants for pilot
projects utilizing new and improved techniques of solid waste disposal.
Since it can reasonably be expected that different techniques will be
suitable for municipalities of different sizes, in different locales and having
different characteristics, such comprehensive State plans are expected to
call for a number of different facilities to be constructed concurrently.
If more than 10 eligible projects are applied for, the funds are to be
distributed among at least 10 applicants. If grants for fewer than 10
such projects are applied for, the Secretary may use the funds for those
eligible municipalities which have applied.
In the case of construction grants to a single municipality, the amounts
of such grants shall not exceed 50 percent of the estimated reasonable
cost of the project as determined by the Secretary. In the case of con-
struction grants to more than one municipality, the amounts may be
increased by an additional 25 percent of such cost. In either case, however,
grants shall be made only if—
(1) The applicant is unable to obtain such amounts from other
sources upon terms and conditions equally favorable;
(2) The applicant has made provision satisfactory to the Secretary
for proper and efficient operation and maintenance of the project
after completion; and
(3) The project is consistent with the purposes of the Federal
Water Pollution Control Act and the Clean Air Act.
The Secretary may impose such additional conditions as he deems
necessary to carry out his functions pursuant to this act.
In determining the desirability of projects and of approving Federal
financial aid in connection therewith, consideration shall be given by the
Secretary to the public benefits to be derived by the construction and
the propriety of Federal aid in such construction, the relation of the
ultimate cost of the project to the public interest and to the public
necessity for the project and the use by the applicant of comprehensive
regional or metropolitan area planning.
Not more than 15 per centum of the total of funds appropriated for
the purposes of this section in any fiscal year shall be granted for projects
in any one State, and not more than 10 percent of the allotment to the
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STATUTES AND LEGISLATIVE HISTORY
99
State for any one project (except that if fewer then 10 applicants apply,
each applicant must receive at least 10 percent). In the case of a grant
for a program in an area crossing State boundaries, the Secretary shall
determine the portion of such grant which is chargeable to the percentage
limitation under this subsection for each State into which such area
extends.
It is the intention of the committee that projects under this section
be subject to the review system established pursuant to Bureau of the
Budget Circular No. A-95. This review system was established pursuant
to title IV of the Intergovernmental Cooperation Act of 1968.
New section 209 of act—Standards
This section directs the Sec
enactment, to recommend to
solid waste collection and disposal systems (including systems for private
use) which are consistent with
and can be adopted to applic
be developed in cooperation
regional and local agencies. Th
model codes to implement this
Section 5. Authorization of addi
Responsibilities under the So
the Secretary of Health, Edu
the Interior. The Secretary of
given the primary responsibil
problems. The Secretary of th
"problems of solid waste resu
utilization of minerals or foss
or reuse of such waste is or
processing, or utilization facili
a feature of the technology or
or facilities." (Sec. 203(1).)
Section 5 would amend the
:tary, within 18 months following date of
the appropriate agencies standards for
lealth, air, and water pollution standards
ble land use plans. Such standards shall
with appropriate State, interstate, and
Secretary is also authorized to recommend
section.
[p. 6]
anal appropriations
d Waste Disposal Act are divided between
ation, and Welfare and the Secretary of
Health, Education, and Welfare has been
y for dealing with solid waste disposal
Interior's responsibilities are limited to
;ing from the extraction, processing, or
fuels where the generation, production
ay be controlled within the extraction,
r or facilities and where such control is
conomy of the operation of such facility
redesignated section 213 (former section
210) of the Solid Waste Disposal Act by authorizing the following addi-
tional appropriations:
(a) to the Secretary of Hea.th, Education, and Welfare for the fiscal
year ending June 30, 1971, not to exceed $83 million; for the fiscal year
ending June 30, 1972, not to exceed $152 million; for the fiscal year
ending June 30, 1973, not to exceed $216 million.
(6) to the Secretary of the I iterior: for the fiscal year ending June 30,
1971, not to exceed $17.5 million; for the fiscal year ending June 30,
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100 LEGAL COMPILATION—SOLID WASTE
1972, not to exceed $20 million; for the fiscal year ending June 30, 1973,
not to exceed $22.5 million.
In addition, subsection (c) of this section authorizes up to 1 percent of
appropriations to carry out the Solid Waste Disposal Act to be used for
evaluation.
Section 6. Effective date
This section provides that the amendments made by the bill apply
with respect to fiscal year 1971 and thereafter.
CHANGES IN EXISTING LAW MADE BY THE BILL, As REPORTED
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as reported,
are shown as follows (existing law proposed to be omitted is enclosed
in black brackets, new matter is printed in italic, existing law in which
no change is proposed is shown in roman):
SOLID WASTE DISPOSAL ACT
TITLE II—SOLID WASTE DISPOSAL
SHORT TITLE
SEC. 201. This title (hereinafter referred to as "this Act") may be
cited as the "Solid Waste Disposal Act".
FINDINGS AND PURPOSES
SEC. 202. (a) The Congress finds—
(1) that the continuing technological progress and improvement
in methods of manufacture, packaging, and marketing of consumer
products has resulted in an ever-mounting increase, and in a change
in the characteristics, of the mass of material discarded by the
purchaser of such products;
[p. 7]
(2) that the economic and population growth of our Nation, and
the improvements in the standard of living enjoyed by our popula-
tion, have required increased industrial production to meet our
needs, and have made necessary the demolition of old buildings, the
construction of new buildings, and the provision of highways 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;
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STATUTES AND LEGISLATIVE HISTORY 101
(3) that the continuing concentration of our population in ex-
panding metropolitan and other urban areas has presented these com-
munities with serious financial, management, intergovernmental,
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 inefficient and improper methods of disposal of solid
wastes result in scenic blights, create serious hazards to the public
health, including pollution of air and water resources, accident
hazards, and increase in rodent and insect vectors of disease, have
an adverse effect on land values, create public nuisances, otherwise
interfere with community life and development;
(5) that the failure or inability to salvage and reuse such materials
economically results in the unnecessary waste and depletion of our
natural resources; and
(6) that while the collection and disposal of solid wastes should
continue to be primarily the function of State, regional, and local
agencies, the problems of waste disposal as set forth above have
become a matter national in scope and in concern and necessitate
Federal action through financial and technical assistance and leader-
ship in the development, demonstration, and application of new and
improved methods and processes to reduce the amount of waste
and unsalvageable materials and to provide for proper and economical
solid-waste disposal practices.
(b) The purposes of this Act therefore are—
(1) to initiate and accelerate a national research and development
program for new and improved methods of proper and economic
solid-waste disposal, including studies directed toward the conserva-
tion of natural resources by reducing the amount of waste and
unsalvageable materials and by recovery and utilization of potential
resources in solid wastes; and
(2) to provide technical and financial assistance to State and local
governments and interstate agencies in the planning, development,
and conduct of solid-waste disposal programs.
DEFINITIONS
SEC. 203. When used in this Act—
(1) The term "Secretary" means the Secretary of Health, Education,
and Welfare; except that such term means the Secretary of the Interior
with respect to problems of solid waste resulting from the extraction,
processing, or utilization of minerals or fossil fuels where the generation,
production, or reuse of such waste is or may be controlled within the
extraction, processing, or utilization facility or
[p. 8]
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102 LEGAL COMPILATION—SOLID WASTE)
facilities and where such control is a feature of the technology or economy
of the operation of such facility or facilities.
(2) The term "State" means a State, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
(3) The term "interstate agency" means an agency of two or more
municipalities in different States, or an agency established by two or
more States, with authority to provide for the disposal of solid wastes
and serving two or more municipalities located in different States.
(4) The term "solid waste" means garbage, refuse, and other discarded
solid materials, including solid-waste materials resulting from industrial,
commercial, and agricultural operations, and from community activities,
but does not include solids or dissolved material in domestic sewage
or other significant pollutants in water resources, such as silt, dissolved
or suspended solids in industrial waste water effluents, dissolved materials
in irrigation return flows or other common water pollutants.
(5) The term "solid-waste disposal" means the collection, storage,
treatment, utilization, processing, or final disposal of solid waste.
(6) The term "construction", with respect to any project of construc-
tion under this Act, means (A) the erection or building of new structures
and acquisition of lands or interests therein, or the acquisition, replace-
ment, expansion, remodeling, alteration, modernization, or extension of
existing structures, and (B) the acquisition and installation 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 determine the economic and
engineering feasibility and the public health and safety aspects of the
project, the engineering, architectural, legal, fiscal, and economic in-
vestigations and studies, and any surveys, designs, plans, working
drawings, specifications, and other action necessary for the carrying out
of the project, and (C) the inspection and supervision of the process
of carrying out the project to completion.
(7) The term "municipality" means a city, town, borough, county, parish,
district, or other public body created by or pursuant to State law and having
jurisdiction over the disposal of solid wastes.
RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES
SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate
with, and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies, and
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STATUTES AND LEGISLATIVE HISTORY 103
institutions, private agencies and institutions, and individuals in the
conduct of, and promote the coordination of, research, investigations,
experiments, training, demonstrations, surveys, and studies relating to
the operation and financing of solid-waste disposal programs, [the develop-
ment and application of new and improved methods of solid-waste
disposal (including devices and facilities therefor), and the reduction of
the amount of such waste and unsalvageable waste materials.] the reduction
of the amount of such waste and un-
[p. 9]
salvageable waste materials, and the development and application of new and
improved methods of collecting and disposing of solid waste and processing
and of recovering usable energy and materials from solid waste (including
devices and facilities therefor).
(b) In carrying out the provisions of the preceding subsection, the
Secretary is authorized to—
(1) collect and make available, through publications and other
appropriate means, the results of, and other information pertaining
to, such research and other activities, including appropriate re-
commendations in connection therewith;
(2) cooperate with public and private agencies, institutions, and
organizations, and with any industries involved, in the preparation
and the conduct of such research and other activities; and
(3) make grants-in-aid to public or private agencies and institu-
tions and to individuals for research, training projects, surveys, and
demonstrations (including construction of facilities), and provide
for the conduct of research, training, surveys, and demonstrations
by contract with public or private agencies and institutions and with
individuals; and such contracts for research or demonstrations or
both (including contracts for construction) may 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 certification required thereby shall be made by the Secretary.
(c) Any grant, agreement, or contract made or entered into under this
section shall contain provisions effective to insure that all information,
uses, processes, patents and other developments resulting from any
activity undertaken pursuant to such grant, agreement, or contract will
be made readily available on fair and equitable terms to industries utilizing
methods of solid-waste disposal and industries engaging in furnishing
devices, facilities, equipment, and supplies to be used in connection with
solid-waste disposal. In carrying out the provisions of this section, the
Secretary, and each department, agency, and officer of the Federal
Government having functions or duties under this Act shall make use
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104 LEGAL COMPILATION—SOLID WASTE
of and adhere to the Statement of Government Patent Policy which was
promulgated by the President in his memorandum of October 10, 1963.
(3 CFR, 1963 Supp., p. 238.)
[(d) Notwithstanding any other provision of this Act, the United
States shall not make any grant to pay more than two-thirds of the cost
of construction of any facility under this Act. ]
SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL
ENERGY AND MATERIALS
SEC. 205. (a) The Secretary of Health, Education, and Welfare shall
carry out an investigation and study to determine—
(1) economical means of recovering useful energy and materials
from solid waste, recommended uses of such energy and materials for
national or international welfare, and the market impact of such recovery;
(2) appropriate incentive programs (including tax incentives) to assist
in solving the problems of solid waste disposal;
[p- 10]
(3) practicable changes in current production and packaging practices
which would reduce the amount of solid waste; and
(4) practicable methods of collection and containerization which will
encourage efficient utilization of facilities and contribute to more effective
programs of reduction, reuse, or disposal of wastes.
The Secretary shall from time to time, but not less frequently than annually,
report the results of such investigation and study to the President and the
Congress.
(6) The Secretary is also authorized to carry out demonstration projects to
test and demonstrate methods and techniques developed pursuant to sub-
section (a).
(c) Section 204 (&) and (c) shall be applicable to investigations, studies,
and projects carried out under this section.
INTERSTATE AND INTEBLOCAL COOPERATION
SEC. [205] 206. The Secretary shall encourage cooperative activities
by the States and local governments in connection with solid-waste
disposal programs; encourage, where practicable, interstate, interlocal,
and regional planning for, and the conduct of, interstate, interlocal,
and regional solid-waste disposal programs; and encourage the enactment
of improved and, so far as practicable, uniform State and local laws
governing solid-waste disposal.
[GRANTS FOR STATE AND INTERSTATE PLANNING
[SEC. 206. (a) The Secretary may from time to time, upon such terms
and conditions consistent with this section as he finds appropriate to
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STATUTES AND LEGISLATIVE HISTORY 105
carry out the purposes of this Act, make grants to State and interstate
agencies of not to exceed 50 per centum of the cost of making surveys
of solid-waste disposal practices and problems within the jurisdictional
areas of such States or agencies, and of developing solid-waste disposal
plans for such areas.
[(b) In order to be eligible for a grant under this section the State, or
the interstate agency, must submit an application therefor which—
[(1) designates or establishes a single State agency (which may
be an interdepartmental agency) or, in the case of an interstate
agency, such interstate agency, as the sole agency for carrying out
the purposes of this section:
[(2) indicates the manner in which provision will be made to
assure full consideration of all aspects of planning essential to state-
wide planning (or in the case of an interstate agency jurisdictionwide
planning) for proper and effective solid-waste disposal consistent
with the protection of the public health, including such factors as
population growth, urban and metropolitan development, land use
planning, water pollution control, air pollution control, and the
feasibility of regional disposal programs;
[(3) sets forth its plans for expenditure of such grant, which
plans provide reasonable assurance of carrying out the purposes of
this section;
[(4) provides for submission of a final report of the activities of
the State or interstate agency in carrying out the purposes of this
section, and for the submission of such other reports, in such form
and containing such information, as the Secretary may from time
to time find necessary for carrying out the purposes
[p. 11]
of this section and for keeping such records and affording such access
thereto as he may find necessary to assure the correctness and
verification of such reports; and
[(5) provides for such fiscal-control and fund-accounting pro-
cedures as may be necessary to assure proper disbursement of and
accounting for funds paid to the State or interstate agency under
this section.
[(c) The Secretary shall make a grant under this section only if he
finds that there is satisfactory assurance that the planning of solid-waste
disposal will be coordinated, so far as practicable, with other related
State, interstate, regional, and local planning activities, including those
financed in part with funds pursuant to section 701 of the Housing Act
of 1954. ]
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106 LEGAL COMPILATION—SOLID WASTE
GRANTS FOR STATE, INTERSTATE, AND LOCAL PLANNING
SEC. 207. (a) The Secretary of Health, Education, and Welfare may
from time to time, upon such terms and conditions consistent with this
section as he finds appropriate to carry out the purposes of this Act, make
grants to State, interstate, municipal, and intermunicipal agencies, and
organizations composed of public officials which are eligible for assistance
under section 701 (g) of the Housing Act of 1954, of
"(i) not to exceed 66% per centum of the cost in the case of an ap-
plication with respect to an area including only one municipality, and
not to exceed 75 per centum of the cost in any other case—
"(A) making surveys of solid waste disposal practices and
problems within the jurisdictional areas of such agencies and
"(B) developing solid waste disposal plans as part of regional
environmental protection systems for such areas, including planning
for the reuse, as appropriate, of solid waste disposal areas and
studies of the effect and relationship of solid waste disposal practices
on areas adjacent to waste disposal sites, and
"(2) not to exceed 50 per centum of the cost of overseeing the imple-
mentation, including enforcement, and modification of plans developed
under paragraph (1)(B).
(b) Grants pursuant to this section shall be made upon application there-
fore which—
(1) designates or establishes a single agency as the sole agency for
carrying out the purposes of this section for the area involved,
(2) indicates the manner in which provision will be made to assure
full consideration of all aspects of planning essential to areawide
planning for proper and effective solid waste disposal consistent with the
protection of the public health, including such factors as population
growth, urban and metropolitan development, land use planning, water
pollution control, air' pollution control, and the feasibility of regional
disposal programs,
(3) sets forth plans for expenditure of such grant, which plans provide
reasonable assurance of carrying out the purposes of this section;
(4) provides for submission of a final report of the activities of the
agency in carrying out the purposes of this section, and for the sub-
mission of such other reports, in such form and containing such in-
formation, as the Secretary may from time to time find necessary for
carrying out the purposes of this section and for keeping such
[p. 12]
records and affording such access thereto as he may find necessary to
assure the correctness and verification of such reports; and
(5) provides for such fiscal-control and fund-accounting procedures
as may be necessary to assure proper disbursement of and accounting
for funds paid to the agency under this section.
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STATUTES AND LEGISLATIVE HISTORY 107
(c) The Secretary shall make a grant under this section only if he finds
that there is satisfactory assurance that the planning of solid waste disposal
mil be coordinated, so far as practicable, with, and not duplicative of, other
related State, interstate, regional, and local planning activities, including
those financed in part with funds pursuant to section 701 of the Housing
Act of 1954.
GRANTS FOB CONSTRUCTION
SEC. 208. (a) The Secretary of Health, Education, and Welfare is authorized
to make grants pursuant to this section to any State, municipality, or inter-
state or intermunicipal agency for the construction of solid waste disposal
and resource recovery facilities, including improvement of existing facilities.
(6) Any such grant—
(1) shall be made for a project only if—
(A) a State or interstate plan for solid waste disposal has been
adopted which applies to the area involved, and the project is
consistent with such plan, is included in a comprehensive plan
for the area involved which is satisfactory to the Secretary for the
purposes of this Act, and is consistent with any standards developed
pursuant to section 209, and
(B) it utilizes new and improved techniques of demonstrated
usefulness in reducing the environmental impact of solid waste
disposal, in achieving recovery of energy or resources, or in
recycling useful materials;
(2} shall be made (A) in amounts not exceeding 50 per centum of
the estimated reasonable cost of the project as determined by the Secretary
in the case of a project serving an area which includes only one munici-
pality and not exceeding 75 per centum of such cost in any other case,
and (B) only if the applicant is unable to obtain such amounts from
other sources upon terms and conditions equally favorable;
(8) shall not be made until the applicant has made provision satis-
factory to the Secretary for proper and efficient operation and main-
tenance of the project after completion;
(4) shall not be made unless such project is consistent with the purposes
of the Federal Water Pollution Control Act and the Clean Air Act;
and
(6") may be made subject to such conditions and requirements, in
addition to those provided in this section, as the Secretary may require
to properly carry out his functions pursuant to this Act.
(c) In determining the desirability of projects and of approving Federal
financial aid in connection therewith, consideration shall be given by the
Secretary to the public benefits to be derived by the construction and the
propriety of Federal aid in such construction, the relation of the ultimate
cost of the project to the public interest and to the public necessity for the
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108 LEGAL COMPILATION—SOLID WASTE
project, and the use by the applicant of comprehensive regional or metro-
politan area planning.
[p. 13]
(d) (1) Not more than 15 per centum of the total of funds appropriated for
any fiscal year and available for purposes of this section shall be granted
for projects in any one State.
(2) Of the sums granted for projects in any one State in any fiscal year,
not more than 10 per centum shall be granted in such year for any single
project in such State; except that in the case of a State for which less than
10 project applications which meet the requirements of this section have
been submitted (prior to such date as the Secretary shall prescribe) for a
fiscal year, at least 10 per centum of such sum shall be granted for each such
project.
(3) The Secretary shall prescribe by regulation the manner in which this
subsection shall apply to a grant under this section for a project in an area
which includes all or part of more than one State.
RECOMMENDED STANDARDS
SEC. 209. (a) The Secretary of Health, Education, and Welfare shall, in
cooperation with appropriate State, interstate, and regional and local agencies,
within eighteen months following the date of enactment of the Resource
Recovery Act of 1970, recommended to appropriate agencies standards for
solid waste collection and disposal systems (including systems for private
use) which are consistent with health, air, and water pollution standards and
can be adapted to applicable land use plans.
(b) In addition, the Secretary of Health, Education, and Welfare shall,
as soon as practicable, recommend model codes, ordinances, and statutes
which are designed to implement this section and the purposes of this Act.
LABOB STANDARDS
SEC. [207 ] 210. 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 U.S.C. 276a—276a-5), will
be paid wages at rates not less than those prevailing on similar work in
the locality as determined by the Secretary of Labor in accordance with
that Act; and the Secretary of Labor shall have with respect to the labor
standards specified in this section the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C.
113z-15) and section 2 of the Act of June 13, 1934, as amended (40
U.S.C. 276c).
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STATUTES AND LEGISLATIVE HISTORY 109
OTHER AUTHORITY NOT AFFECTED
SEC. [208] 211. This Act shall not be construed as superseding or
limiting the authorities and responsibilities, under any other provisions
of law, of the Secretary of Health, Education, and Welfare, the Secretary
of the Interior, or any other Federal officer, department, or agency.
PAYMENTS
SEC. [209] 212. Payments of grants under this Act may be made
(after necessary adjustment on account of previously made underpay-
ments of overpayments) in advance or by way of reimbursement, and
in such installments and on such conditions as the Secretary may deter-
mine.
[p. 14]
APPROPRIATIONS
SEC. [210. ] 213. (a) There is hereby authorized to be appropriated to
the Secretary of Health, Education, and Welfare, to carry out this Act,
not to exceed $7,000,000 for the fiscal year ending June 30, 1966, not to
exceed $14,000,000 for the fiscal year ending June 30, 1967, not to exceed
3,200,000 for the fiscal year ending June 30, 1968, not to exceed
),000,000 for the fiscal year ending June 30, 1969, [and ] not to exceed
3,750,000 for the fiscal year ending June 30, 1970, not to exceed
3,000,000 for the fiscal year ending June 30, 1971, not to exceed
$152,000,000 for the fiscal year ending June 30, 1972, and not to
exceed $216,000,000 for the fiscal year ending June SO, 1973. The sums so
appropriated shall remain available until expended.
(b) There is hereby authorized to be appropriated to the Secretary of
the Interior, to carry out this Act, not to exceed $3,000,000 for the fiscal
year ending June 30, 1966, not to exceed $6,000,000 for the fiscal year
ending June 30, 1967, not to exceed $10,800,000 for the fiscal year ending
June 30, 1968, not to exceed $12,500,000 for the fiscal year ending June
30, 1969, [and ] not to exceed $12,250,000 for the fiscal year ending June
30, 1970, not to exceed $17,500,000 for the fiscal year ending June 30, 1971,
not to exceed $20,000,000 for the fiscal year ending June 30, 1972, and not
to exceed $22,500,000 for the fiscal year ending June 30, 1973.
(c) Such portion as the Secretary may determine, but not more than 1 per
centum, of any appropriation for grants, contracts, or other payments under
any provision of this Act for any fiscal year beginning after June SO, 1970,
shall be available for evaluation (directly, or by grants, or contracts) of any
program authorized by this title.
[p. 15]
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110 LEGAL COMPILATION—SOLID WASTE
l.ld (2) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 91-1034, 91st Cong., 2d Sess. (1970)
RESOURCE RECOVERY ACT OF 1970
JULY 23, 1970.—Ordered to be printed
Mr. MUSKIE, from the Committee on Public Works,
submitted the following
REPORT
together with an
INDIVIDUAL VIEW
[To accompany S. 2005]
The Committee on Public Works, to which was referred the bill (S.
2005) to amend the Solid Waste Disposal Act, as amended, relating to
financial assistance for the construction of solid waste disposal facilities,
improving research programs pursuant to such Act, establishing a Na-
tional Commission on Materials Policy, and for other purposes, having
considered the same, reports favorably thereon with amendments and
recommends that the bill as amended do pass.
GENERAL STATEMENT
Solid waste is the residue of production and consumption—a byproduct
of air and water pollution control—the litter that people promiscuously
discard on the countryside—the "unusable" overburden of mining
operations and the inedible remainder of agricultural production.
Solid waste falls into two categories: (1) planned disposable materials
which are part of the Nation's production and consumption patterns,
and (2) resources which have no known or economic use, to both instances
solid waste is almost always a resource which, with ingenuity, can be
used and re-used.
This Nation has always enjoyed resource abundance and has acted
as though that abundance would last forever. Studies prepared for the
Senate Committee on Public Works, testimony before the Subcommittee
on Air and Water Pollution, and information generally available suggest
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STATUTES AND LEGISLATIVE HISTORY 111
that anticipation of continued resource abundance is not only unwise—
it is folly.
[p. 1]
Our resources fall in three categories—renewable, nonrenewable, and
recoverable. Many, including forest and agricultural resources, are
renewable resources. Nonrenewable (energy) resources produce only
small amounts of solid waste while contributing substantially to air
and water pollution problems if uncontrolled. Recoverable resources
are those which maintain useful physical or chemical properties through-
out their process of use and therefore can be continuously recycled in the
production-consumption process.
And the nation has no choice. Consumption increases at a greater rate
than population growth. Exhaustion of the Nation's resource base is a
very real possibility. Already some industries see recycled waste as a
more economic source of materials than primary sources.
But this recognition has neither reversed the trend toward greater
waste generation nor reduced the burden on communities and other
units of government which have assumed, albeit unwillingly, in some
cases, the task of waste disposal.
Community waste disposal has, for centuries, been solved by a' simple
method—combustion. Open burning dumps in less urban areas and huge
incinerators in major communities have provided major sources of stench
and air pollution.
Today few communities are allowed the luxury of simple waste com-
bustion. Most areas of the nation have turned to sanitary landfills (most
of which are not at all sanitary) and "clean" incinerators (many of
which are not at all clean). In both cases a solid waste problem is solved,
but often air and water pollution problems result, and resources are
always wasted.
This legislation is designed to develop systems which will change
the,present method of dealing with solid waste problems of communities,
of farms, and of industries. The intent of this bill is to stimulate the
development of resource recovery methods which will provide for more
economic use of wastes.
The bill would authorize intensified research and demonstration of
methods to improve collection and transportation of wastes, and develop-
ment of environmentally safe methods to dispose of non-reusable-waste
residues. In those cases where wastes are too toxic for traditional disposal
methods, the bill would authorize a study of the development of national
toxic waste disposal sites. And, for those wastes which can be converted
to energy, the bill would authorize development of efficiency energy con-
version units.
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112 LEGAL COMPILATION—SOLID WASTE
The Committee carefully evaluated the desirability of legislation to
provide direct financial assistance to communities to construct solid
waste disposal facilities. This provision, included in S. 2005 as originally
introduced, was rejected for three reasons: (1) construction grants at
this tune could lock in existing conventional technology, (2) even clean
incinerators and sanitary landfills would not conserve resources, and
(3) a large Federal grant authorization program at this time might retard
present community efforts unless appropriations kept pace with authoriza-
tions, which is not likely.
The Committee believes that future Federal financial assistance to
communities for construction of facilities may be necessary. Demon-
stration systems developed pursuant to this act will provide guidance
as to what kinds of construction should be assisted, what recovery
[p. 2]
techniques will be most economical, and what collection innovations will
most effectively reduce the cost of waste handling.
Further, other studies authorized by this bill will provide insights into
methods to reduce the production of waste in packaging, in manu-
facturing of goods, design of vehicles and other consumer goods which
are discarded after use.
Finally the committee hopes that the study of existing tax policies,
depletion allowances and other economic incentives and disincentives
will indicate how to encourage production practices which reduce waste
or use of materials which can be recycled.
Through use of planning funds made available in this legislation, as
well as the training grants to develop needed personnel, communities
and States should be able to upgrade existing programs and design better
programs for the future.
The National Materials Policy Study should provide the Nation with
needed guidance for future conservation of resources by identifying
future national materials requirements as well as a study of the materials-
use chain.
HEARINGS
On April 10, 1969, the Subcommittee on Air and Water Pollution
began hearings on current solid waste collection, transport, and disposal
practices, and the need for new legislation in Boston, Massachusetts.
On April 29, 1969, Senator Edmund S. Muskie, Chairman of the Sub-
committee on Air and Water Pollution, introduced S. 2005, the Resource
Recovery Act of 1969. Subsequently, Senator J. Caleb Boggs introduced
the National Materials Policy Act of 1969 (Amdt. No. 153). During
this period additional hearings were held in Detroit, Michigan, Jackson-
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STATUTES AND LEGISLATIVE HISTORY 113
ville, Florida, and Washington, D.C. In all, 7 days of hearings were held
in 1969.
Hearings were reconvened on February 20, 1970, to consider S. 2005
and S. 3469, the Wastes Reclamation and Recycling Act of 1970, intro-
duced by Senator Scott for the Administration. Subsequently, an addi-
tional 11 days of hearings were held in Washington, D.C., and a field
hearing was held in San Francisco, California.
A total of 18 days of hearings were held by the Subcommittee on Air
and Water Pollution during 1969 and 1970. The Subcommittee heard
testimony from more than 140 witnesses representing Federal, State,
and local government, private citizens, expert public health, environ-
mental, and engineering specialists, and the private sectors of the industry.
Subsequent to the hearings Senator Gaylord Nelson introduced S. 3665,
concerning packaging practices and disposal fees, and Senator Jacob
Javits offered Amendment No. 705, providing for a disposal charge on
all new or existing motor vehicles. While these proposals were offered
too late for attention in the hearings, studies to explore their potential
have been authorized in title III of this bill.
PURPOSES OF LEGISLATION
AMENDMENTS TO PURPOSES OF THE ACT
The purposes of the Solid Waste Disposal Act of 1965 would be ex-
panded by this bill to reflect emphasis on recycling and recovery of
resources, rather than waste disposal.
[p. 3]
DEFINITIONS
Under the Solid Waste Disposal Act of 1965, the Secretary of the
Interior has had a limited research authority "with respect to problems
of solid waste resulting from the extraction, processing, or utilization
of minerals or fossil fuels where the generation, production, or reuse of
such waste is or may be controlled within the extraction, processing,
or utilization facility or facilities and where such control is a feature of
the technology or economy of the operation of such facility or facilities."
In this bill, no further authorization is made for programs within the
Department of Interior. The definition of "Secretary" in Section 203(1)
is amended to refer only to the Secretary of Health, Education, and
Welfare. Under the President's Reorganization Plan No. 3,1970, all func-
tions under this Act would be transferred to the new Environmental
Protection Agency. The Committee expects the administrator of the
solid waste program to make use of the expertise in solid waste manage-
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114 LEGAL COMPILATION—SOLID WASTE
ment within the Bureau of Mines as well as other Federal agencies by
contract or inter-agency agreement.
This section would also add new definitions of "municipality," "inter-
municipal agency," "recovered resources," and "resource recovery
system."
A "municipality" includes any public body with jurisdiction over
solid management, including any city, town, borough, county, parish,
direct, or Indian tribe or authorized Indian tribal organization. In
instances where there is an unincorporated community which would not
be eligible for a grant by reason of the fact that such community is not
a "municipality," such a community would receive a grant by working
through the county government of the county in which it is located.
The county in such case could establish an agency for the purpose of
facilitating the application for and use of the grant by the citizens of the
community involved.
RESEARCH
While there has been considerable research provided for under the
Solid Waste Disposal Act of 1965, the bill would require that the Secretary
give increased emphasis to the development and demonstration of new
and improved methods for the collection and disposal of solid wastes
and recovering useful materials and energy. In furtherance of this program,
the Secretary is directed to enter into grants and contracts to advance
knowledge relating to—
(1) the potential public health and welfare effects of the environ-
mental release of materials present in solid wastes and the develop-
ment of methods to eliminate any adverse effects;
(2) the operation and financing of solid waste disposal programs;
(3) reduction of amounts of solid wastes, and recoverable com-
ponents;
(4) the development and application of new and improved methods
for the collection, separation and disposal of solid wastes, especially
methods for recovering materials and energy; and
(5) the identification of solid waste components and potentially
recoverable materials and energy.
[p. 4]
Although considerable progress has been observed in solid waste
management research efforts, the Committee feels that such efforts have
not been adequate to cope with the steadily increasing volumes and
amounts of solid wastes.
Solutions to the solid wastes problems facing this Nation require
application of the knowledge and expertise of people from both the public
and private sector. The Committee does not believe that capabilities
of the private sector have been adequately utilized.
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STATUTES AND LEGISLATIVE HISTORY 115
Public health
Although there is a long association between health hazards and solid
wastes, there are insufficient data to permit quantitative estimates of
solid waste-disease relationships. Further research is needed to define
these relationships; for example, the relationship between poorly managed
solid waste collection, transport, and disposal operations and vectors of
diseases, such as cockroaches, rats, and flies.
Environmental effects
In recent years there has been a shift in the emphasis of environmental
quality goals from the control of pollutants to the maintenance and
enhancement of the quality of air, water, and land resources. Environ-
mental considerations preclude the use of some traditional solid waste
disposal alternatives such as low-lying land as landfill sites. Therefore,
it is essential to develop solid waste collection and disposal methods
compatible with environmental quality policies.
The Committee believes that greater attention must be given to the
interrelationships between air and water pollution control activities and
solid waste disposal. Long-term reliance on incineration of solid wastes
does not appear compatible with anticipated ambient air quality stand-
ards. Sanitary landfills may involve degradation of water quality.
These methods must be made compatible with other environmental
demands, and new methods must be found.
Waste management
Research is needed on methods for financing solid waste management
systems and operating such systems efficiently and economically. In-
sufficient data are available to evaluate the cost effectiveness of alternative
waste management systems. More complete information is needed on
the interrelationship of regional economics and amounts of solid wastes
generated economics of scale in solid waste management, and the
economics of technologies now available or under development.
The current annual cost to collect, transport, and dispose of urban
solid wastes is $4.5 billion. This figure does not include the internal
costs to industry and agriculture of solid waste management, house-
holder and institutional costs for storage and handling of refuse, losses
in property values due to inadequacies in collection and disposal of solid
wastes, or individual medical or loss-of-health costs from the various
forms of pollution and inadequate control of disease vectors.
And the quantities of solid wastes are increasing. In testimony this
year Leonard S. Wegman presented data showing that paper consumption
has risen about 100 percent since 1950, and plastic consumption has
risen 759 percent in the same period.
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116 LEGAL COMPILATION—SOLID WASTE
Testimony indicates that municipalities spend $8 to $20 per ton to
collect and deliver refuse to the disposal point. Disposal costs range from
$2 per ton for a simple landfill up to $7 to $10 per ton for a modern
[p. 5]
high temperature incinerator with effective environmental protection
systems. Combined collection and disposal costs thus vary from $10 to
$30 per ton.
Present methods of obtaining this money may differ. Municipalities
with the high refuse volumes apply ad valorem property taxes and include
refuse-related disbursements in their annual expense budget. Often these
assessments against taxable property are inequitable. User charges should
be considered, particularly ones related to a household's production of
wastes.
Agricultural wastes
The Committee believes special emphasis should be given to research
on the recovery and reuse of agricultural crop wastes which amount to
an estimated 550 million tons annually. Agricultural wastes represent
the largest segment of the nation's solid waste. Moreover, the develop-
ment of economical methods for reusing, recycling, or recovering useful
materials from agricultural wastes could serve the beneficial purpose
of improving the farm economy.
Demonstration
Solid waste management traditionally has involved systems for col-
lection, transport, storage, and ultimate disposal. The process has been
to remove solid wastes from the point of discard to some remote area for
burial or incineration. This waste of vital resources is a luxury the Nation
can no longer afford. Attention must be focused on "closing the cycle"
through recycling and resource recovery. This new emphasis on separa-
tion and reuse would be required by this bill.
The Committee believes that more attention should be given to
mechanization in the collection and transportation of solid wastes and
increased productivity per unit of labor, consistent with public health
and welfare and occupational health and safety. Although this activity
represents 80 percent of current costs, only 10 percent of current research
dollars are devoted to improving waste handling methods.
Collection techniques offer the greatest potential for improvement in
more efficient methods for handling solid wastes. Pipeline transport of
solid wastes offers an important alternative to truck collection over
both short and long distances.
Although such installations in the United States are presently only
hi the design stage, such as the system at Florida's Disney World resort,
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STATUTES AND LEGISLATIVE HISTORY 117
pneumatic transport of domestic solid wastes is operational in Sweden.
In Sundeburg, Sweden, there is a system servicing 250 apartments. The
wastes are swept along in an air stream for 1.7 miles to an incinerator.
The incinerator is part of a space heating plant which, in turn, distributes
heat to the residential area. At the present time the system operates
only 1 hour daily to service the 250 apartments. However, with 5,000
apartments planned in the area, it will require 20 hours of operation
a day.
Another possibility is solid waste slurry pipelines. For this, however,
there is no direct previous experience. Pipelines have been constructed
to transport coal, iron ore tailings, and fly ash. When costs over 25 years
are considered, it may well be that pipeline transport of solid wastes is
the most economic means for collection. Unfortunately, current solid
waste management schemes have focused on short-term solutions.
[p. 6]
The processes of compaction, baling, shredding, and other volume-
reduction procedures, will assist in preparation of wastes for resource
recovery. Methods of separation deserving particular attention are me-
chanical separation, air separation, notation, magnetic and heavy media
separation, vibration, and chemical treatment.
Much has been written on the high cost of incineration and resultant
air and water pollution impacts. Adequate technology does exist. There
is a need to establish design and operating guidelines for incinerators.
This effort should focus on improved methods which result in usable
energy, chars, liquids, and gases.
The committee was particularly interested in research efforts to
produce electrical energy using municipal wastes as the fuel.
One method under study, for example, will reduce waste disposal costs
to $1 per ton as compared to clean incineration costs of $6 to $8 a ton.
This reduction results from the value of recovered electric energy and
other recoverable materials.
The cost of development of the system through full-scale operating
prototype is approximately $19,500,000. It is the type of technological
development which should be considered for funding under this section.
There is considerable potential for metal and mineral recovery and
reuse from incinerator residues. Significant progress has been made in
this regard by the College Park Metallurgy Research Center. Residue
samples are processed at a rate of approximately 1,000 pounds per hour.
The process involves a series of mechanical operations including shredding,
screening, grinding, and magnetic separation. The products are a metallic
iron concentrate, a clean nonferrous metal composite, clean fine glass
fractions, and a fine carbonaceous ash tailing. Processes of this type
may hold significant potential for resource recovery and reuse and should
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118 LEGAL COMPILATION—SOLID WASTE
be demonstrated on a full-scale basis if, after separation of other recover-
able resources, incineration proves to be the most economical means of
metal extraction. Also the committee would expect that any demonstra-
tion of any incinerator technique would, at a minimum, be certified as
in compliance with air quality standards and possibly be integrated with
a demonstration of incinerator pollution control technology.
Coal wastes are a potential source of building materials.
Some nations have made great strides in using coal wastes for housing
and housing components. In Sweden, for example, coal wastes are the
primary raw material for building construction and eclipse all other
materials in volume used. Over 80 percent of all flat roofs in Sweden are
composed of a structural product manufactured from coal ash. In Eng-
land coal ash is used in constructing 13 percent of all walls. In the United
States, however, only about 16 percent of all coal ash, less than 1^ percent
of the Nation's total coal wastes, is utilized.
Current U.S. annual production of coal ash alone exceeds 30 million
tons. Annual production of all solid coal wastes exceeds at least 120
million tons.
Efforts to recycle coal ash and fly ash were discussed during the hearings
on this bill by Joseph W. Leonard, director, Coal Research Bureau,
West Virginia University. This research effort involves a pilot plant to
produce fired structural products from coal ash. The Committee rec-
ommends that greater efforts be made to find and utilize markets for
these products.
[p-7]
Methods are under development to recycle organic wastes through
composting, wet oxidation, anaerobic digestion, and biofractionation,
among others. Testimony indicates, however, that this potential for
resource recovery has not been adequately explored. A noticeable de-
ficiency in existing demonstration projects was the failure to include
consideration of methods and mechanisms to market the resultant by-
products.
Waste inventories
The planning of efficient solid waste management systems, particularly
resource recovery systems, requires an accurate knowledge of the
individual materials or components of solid wastes.
In some cases these include materials which have been demonstrated
as toxic or hazardous in other contexts. These materials include cadmium,
lead, beryllium and other trace materials. At the same time there are
materials which, when subjected to various treatment processes, form
toxic substances. Plastics containing chlorine are a case in point. When
incinerated, such plastics are converted to volatile chlorine products
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STATUTES AND LEGISLATIVE HISTORY 119
which may have an adverse effect on public health and welfare. The
Committee expects that an immediate effort will be made to acquire to
the extent not now available detailed knowledge of the components of
solid wastes.
GRANT LIMITATIONS
Direct grants of public funds to private profit making organizations
do not provide the degree of supervision, control of performance, or
utility of work product which contracts assure. Therefore, the Committee
declares in new Section 205 that no grant under any program of the Solid
Waste Act shall be made to a profit making organization. Contracts
with such an organization, in which services are supplied, would be
available under the terms of the Act.
PLANNING GRANTS
The new Section 207 of the Solid Waste Disposal Act is a revision of
section 206 of existing law, which authorizes grants for State and inter-
state planning activities. This section would extend planning grants to
municipal and intermunicipal agencies, and metropolitan or regional
areas eligible for planning grants under Section 701(g) of the Housing
Act of 1954. It also increases the Federal share of costs from 50 to 66f
per cent in the case of a single municipality or State planning unit and
75 per cent in the case of multiple jurisdictional units, whether interstate
or intermunicipal.
These grants are available for four planning activities: surveys of
solid waste disposal practices and problems in the jurisdiction involved;
developing and annually revising solid waste management plans providing
for recycling or recovery whenever possible and including the reuse of
solid waste disposal areas and studies of areas adjacent to waste disposal
sites; developing proposals of resource recovery systems to be submitted
for selection under the demonstration grant program of Section 208;
and planning programs for the removal and processing of abandoned
motor vehicle hulks. The Committee intends that such grants be avail-
able for the support of State
[p. 8]
and multi-jurisdictional planning agencies, on an annually renewable
basis, in order to provide for the updating of plans and the continuity of
planning.
To qualify for planning grants, an applicant must meet the following
conditions:
(1) Designate or establish a single agency as the sole agency to
discharge for the area involved the responsibilities contemplated
by this section which agency can have other planning responsibilities;
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120 LEGAL COMPILATION—SOLID WASTE
(2) Indicate how areawide planning of effective solid waste disposal
programs provision will be made for the consideration of such public
health factors as population growth, urban and metropolitan develop-
ment, land use planning, water and air pollution control, and the
feasibility of regional disposal programs;
(3) Set forth how the grant will be expended so as to carry out
the purposes of this section;
(4) Provide for submission of reports by the agency on its activities,
and for submission of such other information as the Secretary may
prescribe; and
(5) Provide for appropriate fiscal control and accounting pro-
cedures.
Grants under this section shall be made only if the Secretary finds
that the planning will not duplicate, but will be coordinated with, other
related planning activities.
Although grants for planning are conditioned upon the designation
of a single agency as the sole agency for carrying out the purposes of
such section, similar to provisions in both the Clean Air Act, as amended,
and the Federal Water Pollution Control Act, as amended, the Committee
recognizes that Federal pollution control agencies may be organized
into a single Environmental Protection Agency. The Committee hopes
that State and municipal governments will organize so that environ-
mental control policies, regulations, and procedures are compatible,
harmonious and expeditious. The committee would, therefore, like to
make clear that agencies designated for the purposes of this Act may be
the same agency with responsibility to implement the Clean Air Act
and the Federal Water Pollution Control Act. The Committee also
hopes that any reorganization at the State, municipal, or local level will
reflect the distinction between environmental control agencies and
operating agencies with an impact on the environment.
KESOTJRCE RECOVERY SYSTEMS
After analysis of the completed hearing record on pending solid waste
legislation, particularly testimony on Section 208 of the bill, the Com-
mittee determined that the authorization of a new unrestricted con-
struction grant program for solid waste disposal is not justified at this
time. As the bill reported from the Committee clearly reflects, there is
an urgent need to redirect the thrust of waste management from disposal
to the maximum recovery of reusable materials and energy. The authoriza-
tion of a construction grant program at this time could result in a massive
commitment to presently available technology oriented towards disposal.
To avoid stimulating investment in inadequate technology the Com-
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STATUTES AND LEGISLATIVE HISTORY 121
mittee has substituted a system demonstration provision for the proposed
construction grant provision.
[p. 9]
At the same time the Committee recognizes that many communities
across the Nation, particularly rural and small municipalities, have
severe waste disposal problems, with constraints on past practices of
waste management resulting from compliance with air and water quality
standards. The cost and administration of disposal techniques such as
sanitary land fill and modern incineration are expenses that should be
borne by the producers of such waste, whether industrial or residential
household.
The Committee does recognize that information regarding technology
developed in part pursuant to the Solid Waste Disposal Act of 1965
regarding sanitary landfill and improved incineration has not been
generally available to the communities throughout the Nation. Therefore,
Section 209 (c) of the reported bill would authorize a greatly expanded
information dissemination function for the Secretary, so that all areas
of the Nation can benefit from knowledge of sound waste management
practices and technology currently available.
Consistent with the judgement that the Nation cannot afford merely
to dispose of the tremendous volume of material that is generated by
our industrial and consuming society, especially in urban concentrations,
and recognizing further that a great deal of research has been done on
resources recovery, the Committee has substituted for the construction
grant proposal a new program of grants to municipalities to achieve
demonstration of resources recovery systems on an areawide basis. This
program is designed to stimulate, in the shortest time, the development
of systems of technology necessary to manage growing volumes of com-
munity wastes and achieve maximum recovery of materials and energy
from such wastes.
Throughout the hearings on resources recovery, testimony was received
describing various technologies and systems to achieve resources recovery.
The Committee believes it is urgent national policy to move these pro-
posals into actual application and operation in as many different areas,
from large metropolitan complexes to smaller communities, as necessary
to demonstrate innovative and responsive resources recovery systems.
Such systems can then be applied, as appropriate, to all areas of the
country in which similar problems exist.
The program would provide 75 percent Federal assistance to develop
and construct advanced systems of resources recovery in various cate-
gories of communities established by the Secretary in order to demon-
strate systems applicable in different urban and rural conditions.
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122 LEGAL COMPILATION—SOLID WASTE
It is the Committee's intent that the program authorized shall be one
which will, in many respects, parallel the type of research and develop-
ment procurement conducted by the Department of Defense and the
National Aeronautics and Space Administration in the sense that the
Secretary is authorized to promulgate regulations describing the categories
of systems for which applications will be received, specifying that such
applications are to be received by a certain date and further establishing
guidelines for review of such applications.
Grants are to be awarded only to those applications which the Secretary
finds to be clearly superior with respect to the system of resources re-
covery proposed, the economics of the system and, the potential for
general application for solution of the myriad of waste problems. It
should be emphasized that the selection procedure, thereby established
is not competition based strictly upon low cost,
fp. 10]
but rather is competition to stimulate innovative systems, of general
application which are both economically and commercially viable and
which recover the maximum amount of materials and energy.
The Committee was particularly impressed with testimony received
in San Francisco describing a proposed municipal resources recovery
system for the San Francisco Peninsula area, and the advanced state of
development which that system proposes. The Committee received
many other impressive descriptions and displays. It is the Committee's
judgment that well researched methods, similar to those described in
California, should be given an on-site demonstration application as soon
as possible. The Nation can no longer afford to await more study and
analysis and must move from the great deal of information presently
available to full scale demonstration of recovery systems.
It is expected by the Committee that responsible government officials
in municipalities and communities across the country will take advantage
of the program proposed in the bill and will develop proposals for the
most advanced and responsive systems imaginable, for consideration by
the Secretary. The Committee encourages such municipalities to work
very closely with relevant private industry talent and resources through
contract or otherwise, to develop systems which will provide increased
public service in waste management, combined with maximum recovery
of materials and energy in such waste and economic viability through
the use of user charges and markets for recovered material and energy.
The Committee looks upon the proposed demonstration grant program
as a method of stimulating not just the development of technology and
its areawide application, but it will also cause communities to study
their own circumstances with respect to waste management. Through
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STATUTES AND LEGISLATIVE HISTORY 123
such studies, communities will be able to provide better public service
to their citizens in the future and be in a position to apply systems that
are developed pursuant to these demonstration grants as they become
available. The Committee hopes that communities will take immediate
advantage of this program, and seeks to encourage that result by Section
207 (a) (3) of the reported bill, which would authorize Federal assistance
to develop proposals for resource recovery demonstration grants for sub-
mission to the Secretary.
RECOMMENDED GUIDELINES
Section 209(a) directs the Secretary to recommend to appropriate
agencies and publish in the Federal Register guidelines for solid waste
recovery, collection, separation, and disposal systems, including systems
for private use. These recommendations are to be developed in coopera-
tion with State, Federal, interstate, regional, and local agencies, especially
those with responsibilities in solid waste, air pollution, water pollution,
or public health. The guidelines must be compatible with any air and
water quality standards and applicable land use plans.
The Committee expects that such gxiidelines will be issued promptly
for conventional solid waste management techniques such as sanitary
land fill, incineration, and dumping practices, and that work will be
accelerated on development of guidelines for resource recovery techniques,
on the basis of research conducted under section 204 of the
[p. 11]
Solid Waste Disposal Act and Title III of this bill. All guidelines are to
be issued as soon as practicable, allowing public comment by interested
parties, and, of course, revised from time to time to reflect expanding
knowledge.
The Committee intends that the agency which administers this act
should issue guidelines for the dumping of solid wastes into all waters,
including deep ocean disposal of waste originating in the United States.
These guidelines will be obligatory standards for federally operated,
licensed, or permitted activities.
Section 209 (b) directs the Secretary to recommend model codes,
ordinances, and statutes to implement the guidelines and the general
purposes of the Act which should assist communities in developing
optimum programs for administering local responsibilities.
In order that local jurisdictions with solid waste management re-
sponsibilities make maximum use of existing technology, to which they
ordinarily might not be exposed, section 209 (c) directs the Secretary to
issue technical and cost information on solid waste collection, separation,
disposal, recycling, and recovery methods to all relevant agencies. He is
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124 LEGAL COMPILATION—SOLID WASTE
also authorized to use mobile models and other visual aids, to reach local
solid waste officials in their home areas, and to arrange trips to model
facilities by representatives of public and private solid waste disposal
agencies or corporations for on-site review. This provision is designed
to avoid the need to use Federal funds for the construction of facilities
using existing and conventional technology.
TRAINING GRANTS
Effective manpower planning requires knowledge of the number of
people in the field, how many need training, how many new recruits are
needed and what kind of training programs are required to meet such
needs. The Clean Water Restoration Act of 1966 asked for a report to
Congress on the manpower needs of the nation's water pollution control
programs. The Air Quality Act of 1967 asked for a report to Congress
on the manpower training needs of the nation's air pollution control
program. The report on the manpower training needs of the nation's
solid waste management programs required by this amendment thus
requests necessary, but heretofore unavailable data and analysis for
understanding of the nation's total pollution control program.
State and City administrators have often neglected the actual nature
and extent of need for expanded and new solid waste management
programs and associated manpower requirements. Solid waste disposal
is, however, the Nation's third largest municipal expense.
At present, most communities are not equipped to plan for the backlog
of unmet manpower needs, much less for the increases anticipated as
improvements are made in the solid waste disposal and resource recovery
field. The studies that have been made as to present and future solid
waste management manpower needs have not been adequate. A 1968
study, conducted for the National Urban Coalition, projected 13,586
potential sanitation service job possibilities in 130 cities with population
of 100,000 or more. The Commission on Technology, Automation and
Economic Progress (1966) claimed—without citing source or method—
that 650,000 new jobs could be created through public service employ-
ment in urban renewal and sanitation.
[p. 12]
In view of the high solid waste management labor turnover rate of up
to 480%, as stated in the report of the National Academy of Sciences
"Policies for Solid Waste Management" there is an urgent need to upgrade
job requirements to meet newly authorized responsibilities for solid waste
management. Associated with this is a need to plan and execute a com-
prehensive technical-training program to upgrade the skills and supply
of adequately trained personnel for all levels of local and regional solid
waste management.
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STATUTES AND LEGISLATIVE HISTORY 125
Thus, despite the fact that 337,000 people are already directly employed
in the collection, transportation, processing and disposal of urban solid
wastes, the task of providing this Nation with an adequate solid waste
management manpower force still remains a serious problem.
This amendment takes important first steps to provide adequate
training and advancement opportunities, expand civil service coverage
and enhance job prestige.
Section 210(d) would require that the Administrator of this Act study
the extent and the nature of obstacles to employment and occupational
advancement in the solid waste management field which may limit either
available manpower or the advancement of personnel, as well as the
need for additional trained personnel and the capability of present training
programs. He would be required to report within a year after enactment.
The Committee feels that the study required by this Section, as partially
implemented by the technical assistance provisions of the Act, will
result in significant improvement in our Nation's solid-waste management
efforts, maximizing career opportunities for the unemployed and under-
employed. The manpower programs authorized by this bill should also
serve to minimize both the high vacancy rates that exist in the jobs
at the entry levels of solid-waste management programs and the under-
utilization of trained personnel, costly in both dollars and worker morale.
The Committee believes the authorized occupational training projects
will provide the disadvantaged with technical and remedial training
to guarantee them increased opportunities for employment and career
advancement in the solid waste and resources recovery management
field.
This section also deals with other aspects of manpower training where
expanded authority is clearly appropriate.
First, Section 210(b)(l)(A) authorizes the Secretary to provide as-
sistance to educational institutions and other relevant organizations to
provide programs designed to train persons for occupations involving
the design, operation and maintenance of solid waste disposal and resource
recovery programs and facilities.
Second, Section 210(b)(l)(B) authorizes the Secretary to provide
assistance to train persons, including teachers and adult basic education
personnel, to train or supervise persons in these occupations.
By authorizing these training programs, new ground will be broken
in our Nation's efforts to insure (1) that an adequate number of trained
personnel will be available to staff solid waste and resource recovery
management programs, and (2) that supervisory personnel will be trained
so that they are capable of meeting the increased demands made on them
as a result of newly developing systems for waste management.
fp- 13]
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126 LEGAL COMPILATION—SOLID WASTE
This section also endeavors to foster systematic exchanges of manpower
information between governmental agencies, to stimulate a coordinated
interagency manpower training system. It authorizes the Secretary to
disseminate information which relates to outstanding teaching and training
methods, materials, and curricula developed by projects assisted by the
bill. The Committee also intends that reports on all other activities
required by this section be transmitted to all government agencies with
manpower training responsibilities.
The Committee recognizes that Congress is presently reviewing and
revising the operation and administration of both manpower and environ-
mental control programs for the purpose of improving their coordination,
and expects that the administrator of this Act shall, in planning and
administering the manpower programs authorized under this section,
coordinate these programs to the maximum extent possible with the
procedures and programs available under general manpower authoriza-
tions.
Pending question
The administrators and personnel of urban solid waste systems have
long been plagued by high rates of accidents, illness, absenteeism, and
labor turnover. Reliable figures for comparison are not available. But
testimony indicates these rates may be the highest for any major oc-
cupational group in the Nation.
In 1967, the National Safety Council and the American Public Works
Association conducted a survey of municipal safety experiences. Of the
245 cities that reported an active safety and training program, only 39
reported usable data on accident ratings. Of the 39, 12 were chosen as
supplying data that could be reasonably well matched and representative
of national experience. The condensed results were:
Frequency" Severity '
Refuse handling and disposal _-
All industry
60 77
6.91
36 64
2 012
689
6 165
Number of disabling injuriesxl,000,000
Frequency rate=
Severity rate
Employee hours of exposure
Total man days chargedxl.000,000
Employee hours of exposure
The Committee on Public Works, received testimony on this serious
matter during hearings on resource recovery. However, since occupational
safety is not within the jurisdiction of this Committee, the Committee
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STATUTES AND LEGISLATIVE HISTORY 127
wishes to bring it to the attention of the Committee on Labor and Public
Welfare for their consideration.
COOPERATION BY FEDERAL AGENCIES
The Federal Government is one of the largest single institutional
consumers in the Nation and responsible for the generation of tremendous
volumes of solid waste. It is apparent, therefore, that if environmental
quality objectives are to be achieved through the proper management
of solid waste such efforts must include the Federal
[p. 14]
government. More significant, however, is the fact that the Federal
government has a special responsibility to take a leadership role in proper
solid waste management.
The Committee has therefore included in the reported bill a new sec.
211 which, similar to provisions which have been enacted in both the
Clean Air Act and the Federal Water Pollution Control Act, would
require Federal agencies to achieve proper management of solid waste
in (a) their own activities, and (b) activities which they control through
lease, contract, or permit.
As in the Committee's experience with air and water pollution legislation,
testimony on the Solid Waste Disposal Act amendments and conducted
in Washington as well as in field hearings throughout the country, revealed
that many Federal agencies have a very poor record of solid waste manage-
ment. Federal agencies are inclined to place important environmental
quality control functions in a subordinate role to their mission. This
is no longer appropriate or acceptable.
Federal agencies which generate volumes of waste have a correlative
responsibility to request appropriations from Congress necessary to
properly manage such waste as part of their normal operating expenses.
The public will not tolerate the excuse that budget restrictions prevent
compliance with waste management standards and guidelines; it is
abundantly clear that the provisions of the environmental control laws
do not permit the same excuse to be advanced by individuals or private
organizations. Federal agencies must take the lead in overcoming the
reluctance to invest funds necessary to control solid waste pollution.
The mandate in Section 211 goes to three areas of Federal activity.
First, each Federal agency having jurisdiction over any property,
facility, or activity shall insure compliance with guidelines developed
under Section 209 with respect to resource recovery, collection, separation,
and disposal systems. Each Federal agency would be required to use the
most advanced technology and management systems available to properly
manage solid waste with maximum recovery of materials and energy.
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128 LEGAL COMPILATION—SOLID WASTE
Second, Section 211 would require compliance with guidelines developed
under Section 209 in (1) those activities involving leases of Federal
property or activity; (2) activities where, by contract, non-Federal
organizations manage or operate any Federal property or facility; and
(3) activities where a Federal agency issues a permit or a license for the
use of Federal real property to dispose of solid waste such as the Bureau
of Land Management or the United States Forest Service.
Third, Section 211 would require each Federal agency which issues
permits for disposal of solid waste, such as the Corps of Engineers for
the navigable waters of the United States, to consult with the admin-
istrator of this Act to insure compliance with guidelines for resources
recovery, collection, separation, and disposal systems developed under
Section 209.
The Committee expects that these provisions will improve the per-
formance of Federal agencies in solid waste disposal and management.
Enforcement of such requirements is always a difficult problem but the
Committee expects that the public's growing concern with, and scrutiny
of Federal activities will cause Federal agencies to fully
[p. 15]
implement the provisions of this section. Federal officials are under great
obligations with respect to the environment and these obligations should
not be minimized. Anything less than full implementation of the provisions
of Section 211 would be a malfeasance of public trust and in clear con-
travention of the law.
NATIONAL DISPOSAL SITES STUDY
Considerable recent attention has been focused on disposal of materials
which present a high risk to public health and welfare because of their
toxicity or mutagenic effects. Congressional attention to such hazardous
materials was reflected in the Water Quality Improvement Act of 1970,
which requires identification of hazardous materials and study of liability
for the cost of cleaning up such materials when discharged into the
navigable waters of the United States,
Hazardous materials are often present in solid wastes. When released
into the environment, they often cause ecological damage and risks to
public health.
Frequently such materials are dumped into the ocean. The environ-
mental implications of this practice are not understood. A prudent
public policy necessitates discouraging or prohibiting this practice.
Alternative methods must be developed and provided for disposal of
these wastes.
The objective must be to dispose of these hazardous materials so that
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STATUTES AND LEGISLATIVE HISTORY 129
their deleterious impact is eliminated. One approach is to provide a
system of national disposal sites which would be supported by user fees.
It is the opinion of the committee that further information is needed
on the desirability and feasibility of a system of solid waste disposal
sites for hazardous materials.
The bill directs the Secretary to prepare a report and plan for the
creation of a system of national disposal sites for the storage and disposal
of hazardous wastes. The report is to include a list of materials which
may endanger public health and welfare as well as current and recom-
mended methods for disposal of these materials. This section directs that
the study include disposal methods for radioactive materials, toxic chemi-
cal wastes, biological materials, and other hazardous materials.
This study would provide an inventory of disposal sites currently
operated or licensed by Federal agencies including both land and water
disposal sites.
The report required by this legislation should include a compilation of
current practices for the disposal of hazardous materials on land and at sea,
including recommendations on practices that should be discontinued.
In proposing possible sites for inclusion in a system of national disposal
sites, the Secretary is expected to estimate the costs of developing and
maintaining such a system. These estimates should include proposals
for distributing the costs for operating such sites between public and
private users of such sites, and contract arrangements for employing any
expertise of the private sector to operate such sites.
[p. 16]
AUTHORIZATION OF APPROPRIATIONS
The bill contains specific authorizations for the research program
contained in section 204 of the Act and the demonstration grant program
contained in section 208. Section 216 then authorizes such sums as may
be necessary for the next four fiscal years, to carry out the other programs
of the Act. The amount necessary to fund these programs, including
planning grants, and training grants as well as administrative expenses,
is estimated to be $114 million for four fiscal years.
In addition, section 216(b) authorizes up to 1 per cent of all appro-
priations under the Act to be used for evaluation of programs.
TITLE II NATIONAL MATERIALS POLICY
Title II, The National Materials Policy Act of 1970, creates a National
Commission on Materials Policy. This Commission, which would have
seven members and report to the President and the Congress by June
30, 1973, would examine the broad subject of materials selection, treat-
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130 LEGAL COMPILATION—SOLID WASTE
ment, and use. The Commission report should seek to identify and analyze
the components affecting the materials flow and articulate the method
the United States should follow to achieve a national policy on materials
and how that policy should be implemented.
The committee considered the question of what type of governmental
unit should conduct such a study on materials policy. The committee
rejected the view that the study should be undertaken by an existing
unit of Government on a continuing basis. The commission will be looking
critically at the existing organizational arrangements in matters related
to materials policy. Therefore, it is appropriate that the study should not
become a function of an existing agency. An independent commission,
the committee found, would be best able to examine effectively the full
breadth of -materials policy questions, and then to chart a policy on
materials that would be implemented on a continuing basis by an existing
agency of Government.
The Commission is to be composed of seven members selected for their
expertise bearing on materials problems. The Committee expects that
the chairman would not be an employee of the Federal Government,
with the members selected to give as wide a diversity in background
and expertise as is possible.
Specifically, the Commission is empowered to study and evaluate
the following topics:
(1) The current and projected domestic demands for materials,
including study of those international factors that have a direct
impact on the availability of materials to be processed within the
United States; economic factors affecting materials selection is also
a proper aspect of study, but such studies should concentrate on
domestic materials requirements;
(2) The relationship of materials demand and use to national and
international population size and the necessary enhancement of the
environment; particular attention should be given to the effect of
materials on the environment: the removal of materials in their
raw state from the natural environment and the effect of materials
selection on environmental enhancement;
(3) Methods for coordinating materials policy with the basic
[p. 17]
purpose of this Act: the recycling of materials to preserve their
usefulness, to enhance environmental quality and conserve materials;
(4) An evaluation of methods to exploit existing scientific knowl-
edge in the processing of materials;
(5) Methods for improving coordination and cooperation among
Federal departments and agencies in materials demand, use, and
study. The Committee considers this to be a major topic for study
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STATUTES AND LEGISLATIVE HISTORY 131
when it is realized that nearly every agency of Government has a
materials-related function, either in research, planning, pollution
control, standards, or supply, and national materials policy must
be woven from the threads of existing policy and knowledge; and
(6) Study the feasibility and the desirability of creating, or fostering
the creation of, computer inventories of national and international
material supplies and requirements.
For the purpose of this Act, materials are denned as any physical
substance, whether animal, vegetable, or mineral, that is utilized by
industry for processing and sale. The Committee has excluded foodstuffs
from this definition. The Committee, however, intends that the definition
of materials includes products used in the production of foodstuffs.
History
This amendment has direct precedent in the work of President Truman's
Materials Policy Commission, better known as the Paley Commission.
The Commission, headed by William Paley of the Columbia Broadcasting
System, was created at the time of the Korean War. It sought to examine
the nation's material status, particularly in reference to national stockpiles
of strategic materials.
Despite the fact that the Commission's report was considered to be
an excellent one within the materials community, the recommendations
of the Paley Commission failed to generate significant legislative action.
In July 1967, Senator Boggs, as a member of the Committee on Public
Works, requested that the Legislative Reference Service of the Library
of Congress undertake a study of the question of materials and their
relation to problems of solid waste disposal. The Science Policy Research
Division of the Legislative Reference Service prepared an initial study
on the subject, "Availability, Utilization, and Salvage of Industrial
Materials." It was published as a print of the Senate Committee on
Public Works on January 8, 1968.
Subsequently, the Library of Congress assisted in the organization of
an ad hoc committee of materials experts to examine in more detail the
need for a national materials policy. A second, more thorough report,
"Toward A National Materials Policy," was published by the Senate
Committee on Public Works in April 1969.
The report's main conclusion was stated in its proposal for creation of
a National Commission on Materials Policy:
* * * it is judged timely and essential that a national commission
be chartered and organized to study the present stance of the United
States with respect to materials, and to make recommendations
based on its findings. The objectives of the commission should be:
[p. 18]
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132 LEGAL COMPILATION—SOLID WASTE
1. To identify the relationship of the broad subject of materials
in all their aspects to national goals and objectives;
2. To define materials goals and objectives of the Nation;
3. To contribute to a broader understanding and awareness of
materials problems and opportunities;
4. To maximize, to the extent permitted by the constraints essential
to the national interest, the opportunities for free enterprise to
function efficiently in the materials field; * * *
Subsequently, an amendment to establish such a national commission
was introduced in the Senate to pending solid waste legislation on Septem-
ber 9, 1969. The amendment was sponsored by 11 Senators.
TITLE III—RESOURCE RECOVERY INVESTIGATIONS
Title III of the bill authorizes a 2-year study into a variety of issues
related to resource recovery. The study is authorised to be funded at
$2 million. Any recommendations for development of technology would
be demonstrated under authority provided in section 204 of the Solid
Waste Disposal Act.
This title provides for the investigation of means for recovering
materials and energy from solid waste and for analysis of the market
demand and impact of recovered resources.
Present economic factors influencing resource recovery include (1)
assured market for recycled and reclaimed materials, (2) identification of
potential markets and, (3) uses for recycled materials.
The study also calls for an investigation of the use of Federal procure-
ment to market recycled materials and energy. The committee anticipates
that any examination of the use of Federal purchasing power to create a
market for recovered resources will include review of the marginal
economics involved in purchasing materials which would otherwise have
to be burned or buried. The committee encourages Federal agencies not
to await the results of this investigation before committing themselves
to the recovered materials market, but to participate in the intent of
this act by an energetic recycling purchasing policy.
This title also provides for study of methods to provide more efficient
utilization of solid waste facilities through collection, separation, and
containerization and for investigation of possible changes in product
characteristics, production, and packaging practices to reduce the volume
of wastes.
Another investigation under this title relates to a wide range of induce-
ments offered by the Federal Government in the form of tax incentives
and depletion allowances to encourage the exploitation of raw materials.
While these policies may be consistent with the need to develop resources,
they may be a disincentive to the recapture and reuse of materials.
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STATUTES AND LEGISLATIVE HISTORY 133
For example, recycling of steel in junked cars is a major solid waste
problem but the 15 percent mineral depletion allowance reduces the cost
of ore relative to the cost of scrap encouraging the use of ore and thereby
discouraging the use of scrap.
Since there is already a limited market for junked cars an increase in
the price of ore due to elimination of the depletion allowance could affect
the flow of scrapped vehicles from auto graveyards to steel mills.
[p. 19]
There are numerous other examples of tax incentives which may be
disincentives to resource recovery. The full effects of these existing policies
and incentives on conservation and recycling are not known. By adapting
these policies to new national priorities, a substantial incentive could
be created to recycle usable products which now only contribute to a
growing pollution problem.
To examine the interrelationship of these public policies and efforts
to encourage recycling, the committee has included in this title a provision
suggested by Senator Eagleton to study the effect of existing subsidies,
percentage depletion allowances, capital gains treatment, and other
economic incentives and disincentives upon resource recovery and re-
cycling. In conducting this study, the Secretary would also have to
consider the likely effect of modifying or eliminating such subsidies and
tax policies and make recommendations thereon.
This study would require a study of recommended incentives and
disincentives (including grant programs) to accelerate recycling, with
special emphasis on motor vehicle hulks, and on examination of the
necessity and method of imposing disposal charges on vehicles, as well
as on packaging, containers, and other manufacturered goods. The latter
concept, proposed by Senator Nelson would require the imposition of
disposal charges on products reflecting 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 goods.
Senator Nelson's proposal, as well as Senator Javits' amendment which
would have imposed a fee on motor vehicles sufficient to cover the cost
of disposal of vehicle hulks, were of great interest to the committee. How-
ever, both the Nelson and Javits legislation would require consideration
by the Senate Committees on Finance and Commerce prior to enactment.
It was the conclusion of the committee that these two proposals should
be referred to these committees for comment and later action. This
action of the Committee on Public Works should not be interpreted as
rejection of the concepts included in S. 3665 and amendment 705. Evidence
presented at the hearings suggests that some products will require disposal
charges in order to assure orderly marketing and recovery. Identification
of the specific amount of any charge and the manner in which it might
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134 LEGAL COMPILATION—SOLID WASTE
be levied is, however, beyond the jurisdiction of the Senate Committee
on Public Works.
The study required by this section should include a discussion of the
above question in order that the appropriate congressional committees
can carry out their responsibilities.
Also, the study of disposal charges and other incentives to accelerate
recycling of motor vehicles and other products should include careful
examination of the system recommended by Leonard S. Wegman which
would require the imposition of a flat fee on all waste produced, with the
revenue to be used to finance waste disposal and recovery facilities. This
is a concept which might subsequently be demonstrated under section
204 of the Solid Waste Disposal Act.
Legislation offered to establish financial assistance to dispose of motor
vehicles was not included because little evidence was available in the
hearing record to substantiate the need for direct grants to the States
to dispose of abandoned cars. Approximately 1 million motor vehicles
are abandoned each year, amounting to 1 to 2 million tons of waste.
Since urban waste amounts to approximately 180
[p. 20]
million tons annually, abandoned motor vehicles comprise only 0.6 to
1.1 percent of the Nation's urban solid waste problem. The committee
was concerned that the Federal costs of a grant program would be borne
by the general taxpayers, without transfering the costs of disposal to
the vehicle owners who are responsible for creating this form of waste.
Title III authorizes the Secretary of Health, Education, and Welfare
to perform all these studies. It is expected he would delegate this function
to the Bureau of Solid Waste Management. The committee intends that
when Reorganization Plan No. 3, 1970, takes effect, this study would
be transferred with the other functions of the Bureau of Solid Waste
Management to the new Environmental Protection Agency.
LEGISLATIVE HISTOBY
The Solid Waste Disposal Act of 1965 (P.L. 89-272, Title II) authorized
a program to develop efficient means of collecting and disposing of the
millions of tons of solid wastes generated by our society each year.
Under that legislation the Secretary of Health, Education and Welfare
was authorized
1. Research, training, demonstrations, surveys, and studies relat-
ing to the operation and financing of solid waste disposal programs,
development and application of new and improved methods of
solid waste disposal programs, development and application of new
and improved methods of solid waste disposal and the reduction
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STATUTES AND LEGISLATIVE HISTORY 135
of the amount of such waste and unsalvageable waste materials,
and
2. To make grants to states and interstate agencies for developing
solid waste disposal plans.
The Secretary of the Interior was authorized under the Solid Waste
Disposal Act to conduct research on problems of solid waste resulting
from the extraction, processing, or utilization of minerals or fossil fuels.
In 1968 a simple 1-year extension of the Solid Waste Disposal Act
was authorized by P.L. 90-574, title V.
NEED FOB LEGISLATION
Solid wastes are defined in the Solid Waste Disposal Act as "garbage,
refuse, and other discarded materials, including solid waste materials
resulting from industrial, commercial, and agricultural operations, and
from community activities." As with other wastes (liquid and gaseous),
solid wastes management can be separated into component activities
including generation, storage, collection, transport, recovery of useful
materials, and ultimate disposal.
The relationship between public health and improper disposal of solid
wastes has long been recognized. Rats, flies, and other disease vectors
breed in open dumps and in residential areas or other places where food
and harborage are available. A recent literature search by the Public
Health Service indicated association between solid wastes and 22 human
diseases.
Implications for public health and other problems associated with
water and air pollution have been linked to mismanagement of solid
wastes. Leaching from open dumps and poorly engineered landfills has
[p. 21]
contaminated surface and groundw'aters. Contamination of water from
mineral tailings may be especially hazardous if the leachate contains
such toxic elements as copper, arsenic, and radium. Open burning of
solid wastes or incineration in inadequate facilities frequently results in
gross air pollution. Many residues resulting from mismanagement of
solid wastes are not readily eliminated or degraded. Some are hazardous
to human health; others adversely affect desirable plant and animals.
The four major sources of solid wastes are urban wastes (domestic,
commercial, and municipal), industrial, agricultural (vegetation and
animal), and mineral. Altogether, over 3.6 billion tons of solid waste are
produced in this Nation every year (Table I). This amounts to 100
pounds per person per day and is expected to increase to 5 billion tons
per day by 1980.
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136 LEGAL COMPILATION—SOLID WASTE
TABLE I.-GENERATION OF SOLID WASTES FROM 5 MAJOR SOURCES IN 1967
Solid wastes generated
Source
Urban:
Subtotal
Industrial.- .
Agricultural:
Subtotal
Mineral- - -
Total
Pounds
capacity
per day
3 5
1 2
2 3
7 0
30
15 0
43 0
68.0
30.8
1 2
100 0
Million
tons per
year
128
44
84
256
110
552
1 563
2,115
1,126
43
3,650
URBAN WASTES
Like other public services, solid waste management is related to
population growth, density, and industrial and commercial zoning. Com-
munities, however, are inclined to view solid waste collection and disposal
activities as short-term problems. When communities begin to recognize
solid waste collection and disposal as a community facility need in
planning, steps can be taken to meet total area need for 25 to 50 years.
In 1967, $3.4 billion was spent for urban solid waste collection and
disposal, which amounts to a collection and transport service cost of
$30 to $50 per household per year.
Urban solid wastes amount to more than 180 million tons per year
(5 pounds per person per day) and by 1980 may total 360 million tons
per day (8 pounds per person per day).
A national survey of 6300 communities' approaches to the disposal
of solid wastes revealed that almost half of the communities surveyed
had no comprehensive plans with respect to handling their solid wastes.
Some 53 percent of these communities exercise no control over on-site
storage of household garbage. The degree of control over other kinds and
sources of refuse is less, and existing statutory controls are not adequately
enforced.
[p. 22]
These 6300 communities made use of about 8900 land disposal sites
and approximately 1000 other disposal or waste reduction facilities. In a
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STATUTES AND LEGISLATIVE HISTORY 137
separate investigation of 6000 land disposal sites, 79 percent of which
were operated by public agencies, only 14 percent were judged by the
interviewers to be "sanitary" landfills. A review of the survey forms
suggests that less than 6 percent of them can truly be characterized as
"sanitary landfills."
Domestic, household, and residential wastes
Urban domestic sources of wastes include household garbage, garden
trimmings and leaves, and discarded clothing, furniture, and appliances.
These materials amount to approximately 2.4 pounds per person per
day at an annual collection and disposal cost of $6.80 of which $5.40 is
for collection and $1.40 for disposal.
The previously mentioned national survey reports that for household
collections, some 56 percent of community inhabitants are served by
public agencies and 32 percent by private collectors, while 12 percent
of the population perform their own refuse collection and transport.
Commercial wastes
Commercial wastes are frequently handled separate from household
wastes. Originating from such sources as offices, hotels, restaurants,
stores, and hospitals they include large quantities of paper, packaging
material, and special materials of hazardous and pathological nature.
Two commercial wastes of particular interest are those emanating from
demolition and hospital. Demolition wastes primarily result from renewal
projects and interstate highway programs. Frequently the disposal of
these wastes, a burden which falls on public disposal sites, is not con-
sidered during planning stages of the projects. Therefore, the costs are
frequently borne by the public treasury and not reflected in estimated
project costs. It is estimated that construction and demolition wastes
generated in a community amounts to 0.2 pounds per person per day—4
percent of urban wastes.
Hospital wastes are of concern because of the potential presence of
pathogenic materials. Frequently these materials are routinely passed
on to the municipal solid waste collection and disposal facilities without
identification of their hazardous nature.
There is a trend toward single-use items in hospitals which will increase
the burden of hazardous wastes. At a recent national conference on
single-use items for health care facilities, it was pointed out that some
hospitals generate up to 20 pounds of solid wastes per patient per day.
When the concept of single-use items is expanded to include all bed
linens, food service, uniforms, and other items to which it may be applied,
hospitals can be expected to generate 50 pounds of solid wastes per patient
per day.
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138 LEGAL COMPILATION—SOLID WASTE
Municipal wastes
Urban municipal wastes represent a third major source of difficult to
handle materials. Litter collected from parks and streets, tires, abandoned
vehicles, sludge from sewage treatment plants, and incinerator residues,
are common examples.
Abandoned automobiles are a major municipal problem amounting to
approximately 500,000 cars a year. A major obstacle to an effective
solution to this problem has been the difficulty municipalities have in
acquiring title to abandoned or discarded vehicles while
[p. 23]
protecting the legitimate rights of owners. In 1967, the Council of State
Governments recommended adoption of uniform State legislation, to
solve the problem.
There are 180 million automobile tires produced in this country each
year, of which many- end up in municipal waste disposal systems. Efforts
to date to recycle tires have not been effective in reducing the number of
tires requiring disposal.
Incinerator residues are another bulky solid waste. The incineration
of solid wastes may reduce the volume of organic solid wastes by 90
percent. In practice, a 60 to 80 percent reduction is achieved. Large
volumes of incinerator residues require disposal. In addition, large
volumes of fly ash are generated in electric power production.
The Bureau of Mines has reported that metal mineral resources are
present in incinerator ash in such amounts as to justify exploration of
the technology and economics of then- recovery. It is estimated that if
all refuse were burned in properly designed incinerators, the residue might
contain some 10 million tons of iron; almost 1 million tons of nonferrous
metal including aluminum, lead, zinc, copper, and tin; 14 million tons
of glass; lesser amounts of nonmetallic minerals; and small quantities of
precious metals such as tungsten, silver, and gold.
Urban solid wastes constitute only about one-twentieth of the national
solid waste production, yet their management requires large and con-
tinuous effort. This is because they are visible heterogeneous wastes
generated where people live, usually areas with limited storage or disposal
space.
As pointed out by Professor Rolf Eliassen:
The basic goals of urban solid waste management are to handle
and dispose of solid wastes to the environment without deleterious
effects and to recover and reuse as much material as is economically
feasible. In approaching these goals, the following premises must
be recognized: (1) that there is need for long-term operational
planning to set aside land and provide facilities for solid waste
systems; (2) that conservation of nonrenewable resources is neces-
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STATUTES AND LEGISLATIVE HISTORY 139
sary; (3) that public acceptance of better solid waste practices
requires that economics of scale, eapital intensive processes, and
other cost reduction measures will be fully identified and utilized;
(4) that salvage and reclamation products must have a market and
be competitive with other materials; (5) that efforts be made to
utilize capital intensive concepts to reduce the per-unit cost of solid
waste management; (6) that no method of ultimate solid waste
disposal can be termed acceptable unless its long- and short-term
impact on the environment are known and can be proven accept-
able; (7) that federally supported research, development, and dem-
onstration projects should be located in problem areas where
scientific and technological talents and experience in various aspects
of solid waste management can effect visible solution. The multi-
disciplinary approach offers maximum expectation of attaining usable
results.
[p. 24]
INDUSTRIAL WASTES
Industrial wastes represent an estimated 115 million tons a year or
approximately 3.0 pounds per person per day. Industrial wastes are the
discarded solid materials resulting from industrial operations such as the
chemical, textile, paper, food processing, general manufacturing and
materials industries.
At present there is little data available on amounts of industrial wastes
collected, transported, or disposed of, nor on amounts stored on company
property. A rough estimate is that 21 percent are handled by private
contractors, 4 percent by municipalities, and the remainder on site.
Due to their homogeneous nature, many industrial wastes exhibit a
high potential for recovery and reuse.
Paper
The paper and paper product industry is a useful example of the
potential for recycling solid wastes.
In 1969, the paper and paperboard industry produced about 58 million
tons of product and in the process generated an estimated 30 million tons
of paper and paper product wastes itself. The best figures available
indicate that more than 80 percent of this production goes into one-time
use and discard applications. A substantial portion became solid waste
and contributed some 35 to 50 percent of domestic and commercial solid
waste collections.
Although there has been a sharp rise in the use of recycled paper by the
industry since World War II, there has been a decrease in the percentage of
paper recycled. The N.A.E. Ad Hoc Committee recommended that the
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140 LEGAL COMPILATION—SOLID WASTE
paper industry, in effect, increase its percentage of recycled waste paper
from the present 20 percent of the total tonnage of paper and paperboard
used in the United States in 1969, to 35 percent in 1985. This is comparable
to the 1946 figure of 37 percent and current practices in Holland, Germany,
and Japan.
AGRICULTURAL WASTES
Agricultural wastes include animal manure, animal carcasses, crop
trimmings, harvest residues, forest slash, etc. Major agricultural crop
wastes account for 550 million tons per year, and animal wastes for an
additional 1,560 million tons per year.
For example one cattle feedlot operation with 10,000 animals can
produce 260 tons of manure per day, while a poultry operation with
100,000 birds produces 5 tons of waste daily.
Problems arising from present management of agricultural wastes are
air pollution from burning, breeding of insects and rodents as a result of
improper storage, generation of offensive odors and dusts through im-
proper handling and surface and ground water pollution from indis-
criminate dumping and spreading on land.
Accumulations of pesticide containers may occur in agricultural areas.
This may constitute a hazard to humans and livestock.
There are few reports of experience with the disposal of agricultural
wastes in combinations with other wastes of an urban-industrial-rural
community. The rural sector has been generally responsible for agricul-
tural wastes. Most attention has been given to control of odors, dust,
flies, mosquitoes, and rodents.
[p. 25]
FOOD PROCESSING
The growing, harvesting, processing, and packaging of fruits, vegetables
and other food crops, generate large tonnages of solid wastes. For example.
it has been estimated, that of the total weight of corn crop grown for
canning, about 50 percent is field waste, and about 30 percent is process
waste, while less than 20 percent is corn in the can.
The fast developing technology in mechanical harvesting is causing a
shift in the solid waste handling location from the rural to the urban
setting. Former hand harvesting methods were more selective in sorting
out the usable crop portion. Culls, plant parts, and other wastes were
left in the field where they were simply disposed of by plowing in or
burning. With more sophisticated mechanical harvesting, a greater per-
centage of waste is transported with the usable crop to a central processing
location. Such wastes add to urban waste management problems and
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STATUTES AND LEGISLATIVE HISTORY 141
complexity of solutions because plowing under and burning are no longer
available options.
Production of processed foods has more than doubled in the past 25
years. Production and preservation of foods can be expected to continue
to accelerate and will result in concomitant increases in the generation of
solid waste. Solid wastes originating from forest and fiber crop production
and processing are also considerable. These organic materials are more
difficult to handle and manage than those from animal product and food
crop processing.
MINERAL WASTES
Vast quantities of waste materials result from the mining of fossil
fuels, metal ores, and nonmetallic minerals.
During the past 30 years, well over 20 billion tons of solid mineral
wastes have resulted from mineral and fossil fuel mining, milling, metal-
lurgical and chemical processing industries. In 1965, the United States
production of mineral wastes had risen to 1.1 billion tons, or approximately
30 pounds per person per day.
Increased volumes of waste have resulted in part from the capability
of industry to process lower grade ores. For example, in the copper
industry, ores averaging 15 pounds of copper per ton are mined and
smelted. The mining process produces two tons of waste per ton of ore
while smelting produces about 125 tons of waste per ton of copper. There-
fore, approximately 400 tons of waste material are produced per ton of
copper.
The task of contending with the mineral solid wastes generated in the
past or being generated now is serious, but the future promises even
greater difficulty. By 1980 the Nation's mineral industries will generate
an estimated 2 billion tons of solid waste annually. If ocean and oil shale
mining is undertaken, approximately 4 billion tons of waste will be
generated. Increased waste generation can be expected in nearly every
commodity area, including coal, phosphate rock, clay, and mica among
others, not only because of increased production but also because of the
need for using lower-grade ores.
Although some 80 mineral industries generate wastes, 8 industries alone
are responsible for 80 percent of the total. Of these, the copper industry
contributes the largest tonnage, followed by the iron and steel, bituminous
coal, phosphate rock, lead, zinc, alumina, and anthracite industries.
Smelting, nonmetallic mineral mining including
[p- 26]
sand and gravel, gold dredging, stone, and clay, and the chemical process-
ing of ores and products account for most of the remaining 20 percent
of the mineral solid waste generated.
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142 LEGAL COMPILATION—SOLID WASTE
GENERATION BY TYPE OF SOLID WASTES FROM THE MINERAL AND FOSSIL FUEL INDUSTRIES (1965)
Industry
Copper —
Iron and steel . ._
Bituminous coal .- .
Phosphate rock _-
Lead-zinc —
Aluminum __ .
Anthracite coal. .
Coal ash
Other"
Total
Washing
Mine Mill plant
waste tailings rejects Slag
286,600 170,500 5,200
117,599 100 589 . 14,689
. . 12,800 . 86,800
72 ... . 54,823 4,030
2,500 17,811 970
. 2,000
419,571 288,900 144 593 23,919
Processing Total
plant (thousands
wastes of tons)
466,700
1,000 233,877
99,600
9,383 68,308
20,311
5,350 5,350
2,000
24,500 24,500
229,284
40,233 1,146,500
i Estimated waste generated by remaining mineral mining and processing industries.
SECTION-BY-SECTION ANALYSIS
TITLE I. RESOURCE RECOVERY
Section 202 (findings and purpose)
New language is added describing the purposes of the Act, to emphasize
recycling, local planning, and training functions.
Section 203 (definitions)
The Department of Interior's responsibility under existing law for
disposal of mineral solid waste is eliminated, and HEW assumes complete
authority. Several new definitions are added, including municipality,
intermunicipal agency, recovered resources and resource recovery sys-
tems, to which other provisions of this Act are keyed.
Section 204 (research)
This section adds new language to the on-going research program,
shifting the emphasis from disposal to recycling and adding instructions
to investigate the public health and welfare effects of solid waste.
Section 204(d) authorizes annual research appropriations of $15
million, $17 million, $19 million, and $20 million through fiscal 1974.
Section 205 (new-grant limitations)
This section provides that no grant under any program of the Solid
Waste Act can be made to a profit-making organization. Note that
Section 204(b) presently allows research contracts with such an organiza-
tion.
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STATUTES AND LEGISLATIVE HISTORY 143
Section 206 (interstate cooperation)
Unchanged (renumbered).
Section 207 (regional and local planning grants)
This replaces 50 percent State grants for planning activities with 66f
percent grants for planning solid waste programs in an area of more than
one municipality or State.
[p. 27]
The grants may be used for (1) making surveys of solid waste problems,
(2) preparing solid waste disposal plans for the area (especially those
emphasizing recycling), (3) developing proposals for section 208 dem-
onstration system grants, and (4) preparing plans for collecting and
recovering abandoned motor vehicle hulks.
Section 208 (new-demonstration grants for resource recovery systems)
This section provides for grants to varying sizes of communities to
demonstrate resource recovery systems. These systems have to be area-
wide, reflecting a variety of solid waste problems (including those of
smaller towns and rural areas). A system must be consistent with plans
developed in accordance with Section 207 (b) (2) and with Section 209
guidelines. A proposal for a system grant must also provide assurance
that an equitable means exists for distributing the costs amount to users
of the system.
The bill authorizes annual appropriations of $20 million, $30 million,
$50 million and $55 million through Fiscal Year 1974.
Section 209 (new—recommended guidelines)
This section directs the Secretary to prepare guidelines on solid waste
management practices for circulation to State and local governments.
These guidelines are advisory except when such State or locality applies
for a demonstration grant under Section 208. This Section also requires
the Secretary to recommend model codes and ordinances, and to issue
technical information on solid waste and resource recovery methods to
solid waste agencies, and includes authority to transport models to
various communities and funding of on-site review of solid waste disposal
and resource recovery facilities by solid waste personnel.
Section 210 (new—training grants)
This section provides training grants to assist in the development of
personnel trained in the design, operation and maintenance of solid waste
disposal and recovery equipment and systems.
Section 210(d) directs a study within one year on the need for addi-
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144 LEGAL COMPILATION—SOLID WASTE
tional trained personnel and obstacles to employment or occupational
advancement.
The Bureau of Solid Waste Management estimates the cost of this
section to be about $8 million a year, but the bill provides no specific
authorization.
Section 211 (new—cooperation by all Federal agencies in the control of solid
waste pollution)
This section requires Federal installations and federally licensed
activities to meet solid waste guidelines of Section 209. This would
include ocean dumping activities licensed by the Corps of Engineers.
Section 212 (new—national disposal sites study)
This section authorizes a two-year study to create a system of national
disposal sites for hazardous materials.
Section 213-215
Unchanged (renumbered).
Section 216 (appropriations)
This section authorizes "such sums as may be necessary", excluding
the funds specifically provided for (1) research, and (2) resource recovery
system demonstration grants. These two specific authoriza-
[p. 28]
tions provide for fiscal 1971 a $35 million authorization, fiscal 1972 a $47
million authorization, fiscal 1973 a $69 million authorization, and fiscal
1974 a $75 million authorization.
TITLE ii (NATIONAL COMMISSION ON MATERIALS POLICY)
This title creates a Commission to develop a national materials policy.
In developing this policy the Commission would study materials require-
ments (national and international), the relationship of materials policy
to population and environmental quality, means for utilizing more
materials "which are susceptible to recycling, reuse, or self-destruction",
and general ways to improve or coordinate knowledge to materials usage.
The Commission would be required to report by June 30, 1973, with an
authorization of $2,000,000.
TITLE in (RESOURCE RECOVERY STUDY)
This title places special emphasis on the policy implications of a change
from disposal to resource recovery. It authorizes a two-year study of
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STATUTES AND LEGISLATIVE HISTORY 145
issues in resource recovery, including means of recovering materials and
energy; examination of the economic impact of recovered resources;
changes in production and packaging practices (including disposal
charges) to reduce wastes; efficient solid waste facilities utilization; the
use of Federal procurement to develop market demand for recovered
resources; and incentives and disincentives to recycling (including tax
policies).
[p- 29]
CHANGES IN EXISTING LAW MADE BY THE BILL,
AS REPORTED
In compliance with subsection (4) of rule XXIX of the Standing Rules
of the Senate, changes in existing law made by the bill, as reported, are
shown as follows (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law in which no
change is proposed is shown in roman):
TITLE II—SOLID WASTE DISPOSAL
SHOKT TITLE
SEC. 201. This title (hereinafter referred to as "this Act") may be cited
as the "Solid Waste Disposal Act".
FINDINGS AND PURPOSES
SEC. 202. (a) The Congress finds—
(1) that the continuing technological progress and improvement
in methods of manufacture, packaging, and marketing of consumer
products has resulted in an ever-mounting increase, and in a change
in the characteristics, of the mass of material 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 popula-
tion, have required increased industrial production to meet our needs,
and have made necessary the demolition of old buildings, the con-
struction of new buildings, and the provision of highways 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 expand-
ing metropolitan and other urban areas has presented these com-
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146 LEGAL COMPILATION—SOLID WASTE
munities with serious financial, management, intergovernmental, 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 inefficient and improper methods of disposal of solid
wastes result in scenic blights, create serious hazards to the public
health, including pollution of air and water resources, accident hazards,
and increase in rodent and insect vectors of disease, have an adverse
effect on land values, create public nuisances, otherwise interfere
with community life and development;
(5) that the failure or inability to salvage and reuse such materials
economically results in the unnecessary waste and depletion of our
natural resources; and
[p. 30]
(6) that while the collection and disposal of solid wastes should
continue to be primarily the function of State, regional, and local
agencies, the problems of waste disposal as set forth above have
become a matter national in scope and in concern and necessitate
Federal action through financial and technical assistance and leader-
ship in the development, demonstration, and application of new
and improved methods and processes to reduce the amount of waste
and unsalvageable materials and to provide for proper and economical
solid-waste disposal practices.
(b) The purposes of this Act therefore are—
[(1) to initiate and accelerate a national research and development
program for new and improved methods of proper and economic
solid-waste disposal, including studies directed toward the conserva-
tion of natural resources by reducing the amount of waste and un-
salvageable materials and by recovery and utilization of potential
resources in solid wastes; and
[(2) to provide technical and financial assistance to State and local
governments and interstate agencies in the planning, development,
and conduct of solid-waste disposal programs.]
(1) to promote the demonstration and- application of solid waste
management systems which preserve and enhance the quality of air,
water, and land resources;
(#) to demonstrate on an areawide systematic basis techniques for
resources recovery and the management of solid wastes, including
systems for collection, separation, recovery, and recycling of solid wastes,
and the environmentally safe disposal of nonrecoverable residues;
(S) to provide technical and financial assistance to States and local
governments and interstate agencies in the planning and development
of resource recovery and solid waste disposal programs;
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STATUTES AND LEGISLATIVE HISTOBY 147
(4) to promote a national research, development, and demonstration
program for improved management techniques, more effective organiza-
tional arrangements, and new and improved methods of solid waste
collection, transport, and disposal including studies with emphasis on
conserving and reducing wastes by separation, recovery, and utilization
of potential resources in solid wastes; and
(5) to provide for the promulgation of guidelines for solid waste col-
lection, transport, separation, recovery, and disposal systems, and for
training grants in occupations involving the design, operation, and main-
tenance of solid waste disposal systems.
DEFINITIONS
SEC. 203. When used in this Act—
(1) The term "Secretary" means the Secretary of Health, Education,
and Welfare [; except that such term means the Secretary of the Interior
with respect to problems of solid waste resulting from the extraction,
processing, or utilization of minerals or fossil fuels where the generation,
production, or reuse of such waste is or may be controlled within the
extraction, processing, or utilization facility or facilities and where such
control is a feature of the technology or economy of the operation of such
facility or facilities].
[p. 31]
(2) The term "State" means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American
Samoa.
(3) The term "interstate agency" means an agency of two or more
municipalities in different States, or an agency established by two or
more States, with authority to provide for the disposal of solid wastes
and serving two or more municipalities located in different States.
(4) The term "solid waste" means garbage, refuse, and other discarded
solid materials, including solid-waste materials resulting from industrial,
commercial, and agricultural operations, and from community activities,
but does not include solids or dissolved material in domestic sewage or
other significant pollutants in water resources, such as silt, dissolved or
suspended solids in industrial waste water effluents, dissolved materials
in irrigation return flows or other common water pollutants.
(5) The term "solid-waste disposal" means the collection, storage,
treatment, utilization, processing, or final disposal of solid waste.
(6) The term "construction", with respect to any project of construc-
tion under this Act, means (A) the erection or building of new structures
and acquisition of lands or interests therein, or the acquisition, replace-
ment, expansion, remodeling, alteration, modernization, or extension of
existing structures, and (B) the acquisition and installation of initial
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148 LEGAL COMPILATION—SOLID WASTE
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 determine the economic and
engineering feasibility and the public health and safety aspects of the
project, the engineering, architectural, legal, fiscal, and economic in-
vestigations and studies, and any surveys, designs, plans, working draw-
ings, specifications, and other action necessary for the carrying out of
the project, and (C) the inspection and supervision of the process of
carrying out the project to completion.
(7) The term "municipality" means a city, town, borough, county, parish,
district, Indian tribe, or other public body created by or pursuant to State
law and having jurisdiction over the disposal of solid wastes.
(8} The term "intermunicipal agency" means an agency established by
two or more municipalities with responsibility for planning or administration
of solid waste disposal or regional environmental protection systems.
(9) The term "recovered resources" means materials or energy recovered
from solid wastes.
(10) The term "resource recovery system" means any solid waste manage-
ment system which improves the application of technology for collection,
separation, recycling, and recovery of solid wastes, including disposal of
nonrecoverable waste residues.
RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES
SEC. 204. (a) The Secretary shall conduct, and encourage, cooperate
with, and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies,
[p. 32]
and institutions, private agencies and institutions, and individuals in the
conduct of, and promote the coordination of, research, investigations,
experiments, training, demonstrations, surveys, and studies relating to—
[the operation and financing of solid-waste disposal programs, the develop-
ment and application of new and improved methods of solid-waste
disposal (including devices and facilities therefor), and the reduction of
the amount of such waste and unsalvageable waste materials.]
(1) the health and welfare effects of the environmental release of material
present in solid waste and methods to eliminate any adverse effects;
(2) the operation and financing of solid waste disposal programs;
(8) the reduction of the amount of such waste and unsalvageable waste
materials;
(4) the development and application of new and improved methods of col-
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STATUTES AND LEGISLATIVE HISTORY 149
lecting and disposing of solid waste and processing and recovering materials
and energy from solid wastes; and
(5) the identification of solid waste components and potential materials
and energy recoverable from such waste components.
(b) In carrying out the provisions of the preceding subsection, the
Secretary is authorized to—
(1) collect and make available, through publications and other
appropriate means, the results of, and other information pertaining
to, such research and other activities, including appropriate rec-
ommendations in connection therewith;
(2) cooperate with public and private agencies, institutions, and
organizations, and with any industries involved, in the preparation
and the conduct of such research and other activities; and
(3) make grants-in-aid to public or private agencies and institutions
and to individuals for research, training projects, surveys, and dem-
onstrations (including construction of facilities), and provide for
the conduct of research, training, surveys, and demonstrations by
contract with public or private agencies and institutions and with
individuals; and such contracts for research or demonstrations or
both (including contracts for construction) may be made in ac-
cordance with and subject to the limitations provided with respect
to research contracts of the military departments in title 10, United
States Code, section 2353, except that the determination, approval,
and certification required thereby shall be made by the Secretary.
(c) Any grant, agreement, or contract made or entered into under this
section shall contain provisions effective to insure that all information,
uses, processes, patents and other developments resulting from any
activity undertaken pursuant to such grant, agreement, or contract will
be made readily available on fair and equitable terms to industries utilizing
methods of solid-waste disposal and industries engaging in furnishing
devices, facilities, equipment, and supplies to be used in connection with
solid-waste disposal. In carrying out the provisions of this section, the
Secretary and each department, agency, and officer of the Federal Govern-
ment having functions or duties under this Act shall make use of and
adhere to the Statement of Government Patent Policy which was pro-
mulgated by the President in his memorandum of October 10, 1963. (3
CFR, 1963 Supp., p. 238.)
[p. 33]
[(d) Notwithstanding any other provision of this Act, the United States
shall not make any grant to pay more than two-thirds of the cost of
construction of any facility under this Act.]
(d) There is hereby authorized to be appropriated to carry out this section,
not to exceed $81,500,000 for the fiscal year ending June 30, 1971, not to
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150 LEGAL COMPILATION—SOLID WASTE
exceed $40,500,000 for the fiscal year ending June 30, 1972, not to exceed
$40,000,000 for the fiscal year ending June SO, 1973 and not to exceed
$38,500,000 for the fiscal year ending June 30, 1974- Such sums as are
appropriated shall remain available until expended.
LIMITATION ON GRANTS
SEC. 205. No grant-in-aid shall be made under this Act to any private
profitmaking organization.
INTERSTATE AND INTEKLOCAL COOPERATION
SEC. [205] 206. The Secretary shall encourage cooperative activities by
the States and local governments in connection with solid-waste disposal
programs; encourage, where practicable, interstate, interlocal, and regional
planning for, and the conduct of, interstate, interlocal, and regional
solid-waste disposal programs; and encourage the enactment of improved
and, so far as practicable, uniform State and local laws governing solid-
waste disposal.
GRANTS FOR [STATE AND INTERSTATE] STATE, REGIONAL, AND LOCAL PLANNING
[SEC. 206. (a) The Secretary may from time to time, upon such terms
and conditions consistent with this section as he finds appropriate to
carry out the purposes of this Act, make grants to State and interstate
agencies of not to exceed 50 per centum of the cost of making surveys of
solid-waste disposal practices and problems within the jurisdictional areas
of such States or agencies, and of developing solid-waste disposal plans
for such areas.]
SEC. 207. (a) The Secretary may from time to time, upon such terms and
conditions as he finds appropriate make grants to State, interstate, municipal,
and intermunicipal agencies, and organizations composed of public officials
which are eligible for assistance under section 701 (g) of the Housing Act of
1954, of not to excf d 66% per centum of the cost in the case of any single
State or municipality, and not to exceed 75 per centum of the cost in the
case of an area including more than one State or municipality (but less than
an entire State), for the purpose of (1) making surveys of solid waste disposal
practices and problems within the jurisdictional areas of such agencies, (2)
developing and revising solid waste disposal plans as part of regional environ-
mental protection systems for such areas, providing for recycling or recovery
of materials from wastes whenever possible and including planning for the
reuse of solid waste disposal areas and studies of the effect and relationship
of solid waste disposal practices on areas adjacent to waste disposal sites,
(3) developing proposals for demonstration of resource recovery systems to
be carried out pursuant to section 208 of this Act, and (4) planning programs
for the removal and processing of abandoned motor vehicle hulks.
[p. 34]
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STATUTES AND LEGISLATIVE HISTORY 151
[(b) In order to be eligible for a grant under this section the State, or
the interstate agency, must submit an application therefor which—]
(b) Grants pursuant to this section shall lie made upon application therefor
which—
(1) designates or establishes a single [State] agency (which may be
an interdepartmental agency) [or, in the case of an interstate agency,
such interstate agency,] as the sole agency for carrying out the
purposes of this [section;] section for the area involved]
(2) indicates the manner in which provision will be made to assure
full consideration of all aspects of planning essential to [statewide]
areawide planning [(or in the case of an interstate agency jurisdiction-
wide planning)] for proper and effective solid-waste disposal con-
sistent with the protection of the public health and welfare, including
such factors as population growth, urban and metropolitan develop-
ment, land use planning, water pollution control, air pollution
control, technological change, and the feasibility of regional disposal
and resource recovery programs;
(3) sets forth [its] plans and budget for expenditure of such grant,
[which plans provide reasonable assurance of carrying out] indicating
the compatibility of budget items with the purposes of this section;
(4) provides for submission of [a final report] such reports of the
activities of the [State or interstate] agency in carrying out the
purposes of this section, [and for the submission of such other re-
ports,] in such form and containing such information, as the Secretary
may from tune to time find necessary for carrying out the purposes
of this section and for keeping such records and affording such
access thereto as he may find necessary to assure the [correctness and
verification] substantial accuracy of such reports; and
(5) provides for such fiscal-control and fund-accounting procedures
as may be necessary to assure proper disbursement of and accounting
for funds paid to the [State or interstate] agency under this section.
(c) The Secretary shall make a grant under this section only if he finds
that there is satisfactory assurance that so far as practicable the planning
of solid-waste disposal will be coordinated [, so far as practicable,] with
and not duplicate other related State, interstate, regional, and local
planning activities, including those financed in part with funds pursuant
to section 701 of the Housing Act of 1954.
DEMONSTRATION OF RESOURCE RECOVERY SYSTEMS
SBC. 208. (a) The Secretary is authorized to make grants pursuant to this
section to any State, municipal, or interstate or intermunicipal agency for
the demonstration of resource recovery systems (including the improvement
of existing systems).
(b) Any such grant shall be made only if it (1) is consistent with any
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152 LEGAL COMPILATION—SOLID WASTE
plans for resource recovery systems developed in accordance with the require-
ments of section 207(b)(2) of this Act; (2) is consistent with any guidelines
developed pursuant to section 209 of this Act; (3) is designed to provide
areawide resource recovery systems consistent with the purposes of this Act,
as determined by the Secretary, pursuant to regulations promulgated under
subsection (c) of this section; and (4) provides an equitable
[p. 35]
system for distributing the costs associated with construction, operation, and
maintenance of any resource recovery system among the users of such system.
(c) The Secretary, within ninety days after the effective date of this section,
shall promulgate regulations establishing a procedure for awarding resource
recovery system demonstration grants, which—
(1) provides that projects will be carried out in communities of varying
sizes, under such conditions and in such localities as will assist in
solving the community waste problems of urban-industrial centers,
metropolitan regions and rural areas, under representative geographic
and environmental conditions; and
(2) provides a timetable for submission of plans and grants requests,
and a timetable for approval of such plans and awarding of such grants.
(d) In determining the eligibility of demonstration systems for grants under
this section, consideration shall be given by the Secretary to (1) the public
benefits to be derived by the construction and the propriety of Federal aid in
such construction; (2) the economic and commercial viability of the project
including contractural arrangements with the private sector to market any
resources recovered; and (S) the potential of such project for general applica-
tion to community solid waste disposal problems.
(e) No grant for any demonstration system under this section shall exceed
75 per centum of the estimated total design, construction, and first-year
operation and maintenance costs. No assistance under this section may be
provided for operating or maintenance costs after the first year, nor shall
any assistance be provided for land acquisition. 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 Secretary.
(/) There is hereby authorized to be appropriated to carry out this section,
not to exceed $20,000,000 for the fiscal year ending June 80, 1971, not to
exceed $30,000,000 for the fiscal year ending June 30, 1972, not to exceed
$50,000,000 for the fiscal year ending June 80, 1973, and not to exceed
$55,000,000 for the fiscal year ending June 30, 197'4- Such sums as are
appropriated shall remain available until expended.
RECOMMENDED GUIDELINES
SEC. 209. (a) The Secretary shall, in cooperation with appropriate State,
Federal, interstate, regional, and local agencies, allowing for public comment
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STATUTES AND LEGISLATIVE HISTORY 153
by other interested parties, as soon as practicable after enactment of this
section, recommend to appropriate agencies and publish in the Federal
Register guidelines for solid waste recovery, collection, separation, and disposal
systems (including systems for private use), which shall be consistent with
public health and welfare, and air and water quality standards and adaptable
to appropriate land-use plans. Such guidelines shall apply to such systems
whether on land or water and shall be revised from time to time.
(6) The Secretary shall, as soon as practicable, recommend model codes,
ordinances, and statutes which are designed to implement this section and
the purposes of this Act.
(c) (1) The Secretary shall issue to appropriate Federal, interstate, regional,
and local agencies information on technically feasible solid waste collection,
separation, disposal, recycling, and recovery methods,
[p. 36]
including data on the cost of construction, operation, and maintenance of such
methods.
(2) In disseminating such information, the Secretary shall employ models
and visual demonstrations which can be transported to communities where
such demonstrations ivould be a useful addition to ordinary sources of
technological information, and provide funds to representatives of public and
private solid waste disposal agencies or corporations for useful on-site review
of solid waste disposal and resource recovery facilities and methods.
TRAINING GRANTS
SEC. 210. (a) The Secretary is authorized to make grants to, and contracts
with States and interstate agencies, municipalities, educational institutions,
and to any other organization which is capable of effectively carrying out a
project which may be funded by grant under subsection (6) of this section.
(b) (1) Subject to the provisions of paragraph (2), grants may be made to
pay all or a part of the costs, as may be determined by the Secretary, of any
project operated or to be operated by an eligible institution or organization,
which is designed—
(A) to develop, expand, or carry out a program of training persons for
occupations involving the management, supervision, design, operation,
or maintenance of solid waste disposal and resource recovery equipment
and facilities;
(B) to train persons, including teachers, adult basic education per-
sonnel, and supervisory personnel, to train or supervise persons in
occupations involving the design, operation, and maintenance of solid
waste disposal and resource recovery equipment and facilities; or
(C) to carry out occupational training projects which involve a com-
bination of training, education, and employment in the design, operation,
and maintenance of resource recovery systems.
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154 LEGAL COMPILATION—SOLID WASTE
(2) A grant or contract authorized by paragraph (1) of this subsection may
be made only upon application to the Secretary at such time or times and
containing such information as he may prescribe, except that no such applica-
tion shall be approved unless it—
(A) provides such fiscal control and fund accounting procedures as
may be necessary to assure proper disbursement of and accounting for
Federal funds paid to the applicant under this section, and provides for
making available to the Secretary or his designate, for purposes of
audit and examination, such books, documents, papers, and records as
relate to any funds received under this section;
(B) provides for making such reports, in such form and containing
such information, as the Secretary may require to carry out his functions
under this section, for keeping such records, and for affording such
access thereto as the Secretary may find necessary to assure the correct-
ness and verification of such reports; and
(C) provides for (i) a periodic examination of the effectiveness with
which the goals set forth in the application are being met while the project
is in operation; (if) the conducting of such, examination by an organiza-
tion not affiliated with the institution or organization whose project is
being examined; and (Hi) furnishing a report of the results of such
examination to the Secretary within thirty days after such examination
is completed.
[p. 37]
(c) The Secretary shall—
(1) encourage businesses with operations or products in the solid
waste disposal and resource recovery field to participate in and cooperate
with occupational training programs established with the assistance
of grants or contracts made under subsection (b)(l)(C) of this section;
and
(2) disseminate information which relates to teaching and training
methods, materials, and curriculums developed by projects assisted
under subsection (b) of this section.
(d) The Secretary shall make a complete investigation and study to deter-
mine—
(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 disposal and resource recovery field
which may limit either available manpower or the advancement of per-
sonnel in such field.
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STATUTES AND LEGISLATIVE HISTORY 155
He shall report the results of such investigation and study, including his
recommendations to the President and the Congress not later than one year
after enactment of this Act.
COOPERATION BY ALL FEDERAL AGENCIES IN THE CONTROL
OF SOLID WASTE POLLUTION
SEC. 211. (a) Each Federal agency having jurisdiction over any real
property, facility or activity of any kind, shall insure compliance with
guidelines developed under section 209 and the purposes of this Act in the
administration of such property, facility, or activity.
(b) Each Federal agency which leases any Federal property or facility of
any kind or which contracts for the operation of any Federal property or
facility or which contracts for the entire operation of any other facility or
which permits or licenses the use of any Federal property shall insure com-
pliance with guidelines developed under section 209 and the purposes of this
Act in the administration of such lease, contract, license, or permit.
(c) Each Federal 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 Secretary to insure compliance with guidelines developed under
section 209 and the purposes of this Act.
NATIONAL DISPOSAL SITES STUDY
SEC. 212. The Secretary shall submit to the Congress no later than two years
after the effective date of this section, a comprehensive report and plan for the
creation of a system of national disposal sites for the storage and disposal
of hazardous wastes, including radioactive, toxic chemical, biological, and
other wastes which may endanger public health or welfare. Such report shall
•include: (a) a list of materials which should be subject to disposal in any such
site; (b) current methods of disposal of such materials; (c) recommended
methods of reduction, neutralization, recovery, or disposal of such materials;
(d) an inventory of possible sites, including existing land or water disposal
sites operated or licensed by Federal agencies; (e) an estimate of the cost of
developing and maintaining
[p. 38]
sites including consideration of means for distributing the short and long-term
costs of operating such sites among the users thereof; and (/) such other
information as may be appropriate.
LABOR STANDARDS
SEC. [207.] 213. No grant for a project of construction under this Act
shall be made unless the Secretary finds that the application contains or
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156 LEGAL COMPILATION—SOLID WASTE
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 U.S.C. 276a—276a-5), will
be paid wages at rates not less than those prevailing on similar work in
the locality as determined by the Secretary of Labor in accordance with
that Act; and the Secretary of Labor shall have with respect to the labor
standards specified in this section the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C.
133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c).
OTHER AUTHORITY NOT AFFECTED
SEC. [208.] 214. This Act shall not be construed as superseding or
limiting the authorities and responsibilities, under any other provisions of
law, of the Secretary of Health, Education, and Welfare, the Secretary of
the Interior, or any other Federal officer, department, or agency.
PAYMENTS
SEC. [209.] 215. Payments of grants under this Act may be made (after
necessary adjustment on account of previously made underpayments or
overpayments) in advance or by way of reimbursement, and in such
installments and on such conditions as the Secretary may determine.
APPROPRIATIONS
[SEC. 210. (a) There is hereby authorized to be appropriated to the
Secretary of Health, Education, and Welfare, to carry out, this Act, not
to exceed $7,000,000 for the fiscal year ending June 30, 1966, not to
exceed $14,000,000 for the fiscal year ending June 30, 1967, not to
exceed $19,200,000 for the fiscal year ending June 30, 1968, and not to
exceed $20,000,000 for the fiscal year ending June 30, 1969.
[(b) There is hereby authorized to be appropriated to the Secretary of
the Interior, to carry out this Act, not to exceed $3,000,000 for the fiscal
year ending June 30, 1966, not to exceed $6,000,000 for the fiscal year
ending June 30, 1967, not to exceed $10,800,000 for the fiscal year ending
June 30, 1968, and not to exceed $12,500,000 for the fiscal year ending
June 30, 1969.]
SEC. 216. (a) There is authorized to be appropriated for carrying out the
provisions of this Act, other than those for which specific authorizations are
made, such sums as may be necessary for the period ending June 30, 1974-
(b) Such portion as the Secretary may determine, but not more than 1 per
centum, of any appropriation for grants, contracts, or other payments under
any provision of this Act for any fiscal year beginning after June 80, 1970,
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STATUTES AND LEGISLATIVE HISTORY 157
shall be available for evaluation (directly, or by grants, or contracts') of any
program authorized by this title.
[p. 39]
INDIVIDUAL VIEWS OF MR. GURNEY
I generally support the committee bill extending and amending the
Solid Waste Disposal Act which provides financial assistance for the con-
struction of solid waste disposal facilities, improves research programs
in carrying out this act, and establishes a National Commission on
Materials Policy.
However, I feel there is a major category from which solid waste is
generated which deserves immediate and appropriate action. This is the
category of junk motor vehicles.
The junked motor vehicle, which is the most obvious and noticeable
solid waste disposal problem nationwide, includes the growing unsightly
accumulation of junked automobiles, buses, and trucks encircling our
cities, and scattered in fields and vacant lots in less populated areas. As
President Richard M. Nixon stated in his message to Congress on en-
vironmental quality, February 10, 1970: "Few of America's eyesores are
so unsightly as its millions of junk automobiles."
Unfortunately, when old cars die, they don't fade away. I suggest that
the constant increase in per capita generation of solid wastes, stimulated
by growth of production, and coupled with a rapidly increasing affluent
population, is responsible for the Nation's present environmental crisis.
As a result, more and more junk motor vehicles have become visible
eyesores.
At the present time, there is a total of 105,403,557 registered vehicles
in the United States. The current annual retirement rate is approximately
7.9 million motor vehicles. The number of motor vehicles processed for
scrap each year is between 6 and 7 million. Therefore we can safely say
approximately 1 million motor vehicles each year are added to the visible
junkpiles around the country. Nobody knows exactly how many rusting
hulks are strewn across the American countryside, but current estimates
run between 15 and 20 million. The number of motor vehicles in auto
wreckers' yards which have little or no parts value, added to the number
of abandoned vehicles, added to the current number of motor vehicles
annually retired which the scrap dealers don't process, comes to approxi-
mately 8 to 12 million hulks. Quite obviously, the "scrap gap" is widening.
In dealing with problems of air and water pollution, the sources we
are trying to track down are sometimes elusive. This is not true in the
case of solid wastes such as junk motor vehicles. The root of this problem
is a tangible high concentration of salvageable material which we can
subject to any kind of processing we choose. Although discarded motor
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158 LEGAL COMPILATION—SOLID WASTE
vehicle hulks constitute a small fraction of the waste disposal problem
in terms of tonnage, they are higher in metal recycle value than most
waste materials. They offer a tremendous incentive for the 33,000 auto
wrecking yards and 1,800 scrap processors currently operating across
the country. With the aid of these excellent facilities the problem can and
must be solved.
[p. 40]
We must rid our country of the "use and discard" syndrome. Old
motor vehicles not only detract from the beauty of our country but also
represent a significant source of valuable material for which our national
need is growing. Presently, 60 percent of all rubber, 20 percent of all
steel, 10 percent of all aluminum, over 7 percent of copper, 13 percent
of nickel, 35 percent of the zinc, and over 50 percent of the lead consumed
in the United States is for automotive use. Quite obviously junk motor
vehicles are truly "a resource out of place." We must take the necessary
steps to channel these hulks into the recycling process at an increased
rate.
I personally recommend that Congress act now to adopt a balanced,
flexible, easy-to-administer plan of modest cost to assist the States to
carry on this badly needed program of recycling the backlog of junk
motor vehicles.
During consideration of S. 2005, I offered and we discussed briefly
one approach which would offer Federal financial aid on a 50-50 basis to
the States and extracontinental territories administered by the United
States to execute programs to remove junk motor vehicles from public
thoroughfares, junkyards, and remote rural areas. Under this plan, Federal
guidelines are to be established to spell out requirements for State partici-
pation. The guidelines will include requirements to provide an efficient
means of transfering title of junked motor vehicles (or other evidence
of ownership of such vehicles in States not requiring title certification)
to public agencies or-private business concerns charged with the re-
sponsibility of processing such motor vehicles into reusable form.
With an assist from this plan, operators would be able to reach out
for about-to-be-abandoned motor vehicles before they are scattered across
the land. Within a few years the huge accumulation of junk hulks could
be shrunk to nothing. The ultimate goal would be a smooth flow of old
cars back to steelmaking facilities without intermediate stops on city
streets, junkyard stockpiles, or the woods off a country road.
I personally feel this plan is a valuable approach, fundable and easy
to understand. I think it is worthy of debate and passage.
EDWAED J. GURNET.
[p. 41]
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STATUTES AND LEGISLATIVE HISTORY 159
l.ld (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 91-1579, 91st Cong., 2d Sess. (1970)
RESOURCE RECOVERY ACT OF 1970
OCTOBER 7, 1970.—Ordered to be printed
Mr. STAGGEBS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 11833]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 11833) to amend
the Solid Waste Disposal Act in order to provide financial assistance for
the construction of solid waste disposal facilities, to improve research
programs pursuant to such Act, and for other purposes, having met,
after full and free conference, have agreed to recommend and do rec-
ommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the
Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amendment
insert the following:
That this Act may be cited as the "Resource Recovery Act of 1970".
TITLE I—RESOURCE RECOVERY
SEC. 101. Section 202(b) of the Solid Waste Disposal Act is amended to
read as follows:
"(6) The purposes of this Act therefore are—
"(1) to promote the demonstration, construction, and application of
solid waste management and resource recovery systems which preserve
and enhance the quality of air, water, and land resources;
"(2) to provide technical and financial assistance to States and local
governments and interstate agencies in the planning and development
of resource recovery and solid waste disposal programs;
"(3) to promote a national research and development program for
improved management techniques, more effective organizational arrange-
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160 LEGAL COMPILATION—SOLID WASTE
ments, and new and improved methods of collection, separation, re-
covery, and recycling of solid wastes, and the environmentally safe dis-
posal of nonrecoverable residues;
[p-1]
"(4) to provide for the promulgation of guidelines for solid waste
collection, transport, separation, recovery, and disposal systems; and
"(5) to provide for training grants in occupations involving the design,
operation, and maintenance of solid waste disposal systems."
SEC. 102. Section 203 of the Solid Waste Disposal Act is amended by
inserting at the end thereof the following:
"(7) The term 'municipality' means a city, town, borough, county, parish,
district, or other public body created by or pursuant to State law with re-
sponsibility for the planning or administration of solid waste disposal, or
an Indian tribe.
"(8) The term 'intermunicipal agency' means an agency established by
two or more municipalities with responsibility for planning or administra-
tion of solid waste disposal.
"(9) The term 'recovered resources' means materials or energy recovered
from solid wastes.
"(10) The term 'resource recovery system' means a solid waste management
system which provides for collection, separation, recycling, and recovery of
solid wastes, including disposal of nonrecoverable waste residues."
SEC. 103. (a) Section 204(a) of the Solid Waste Disposal Act is amended
to read as follows:
"SEC. 204- (a) The Secretary shall conduct, and encourage, cooperate with,
and render financial and other assistance to appropriate public (whether
Federal, State, interstate, or local) authorities, agencies, and institutions,
private agencies and institutions, and individuals in the conduct of, and
promote the coordination of, research, investigations, experiments, training,
demonstrations, surveys, 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;
"(#) the operation and financing of solid waste disposal programs;
"(3) the reduction of the amount of such waste and unsalvageable
waste materials;
"(4) 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; and
"(5) the identification of solid waste components and potential
materials and energy recoverable from such waste components."
(b) Section 204(d) of the Solid Waste Disposal Act is repealed.
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STATUTES AND LEGISLATIVE HISTORY 161
SBC. 104- (a) The Solid Waste Disposal Act is amended by striking out
section 206, by redesignating section 205 as 206, and by inserting after
section 204 the following new section:
"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF
USEFUL ENERGY AND MATERIALS
"Sec. 205. (a) The Secretary shall carry out an investigation and study to
determine—
"(1) means of recovering materials and energy from solid waste, rec-
ommended uses of such materials and energy for national or inter-
national welfare, including identification of potential markets for such
recovered resources, and the impact of distribution of such resources
on existing markets;
[p. 2]
"(2) changes in current product characteristics and production and
packaging practices which would reduce the amount of solid waste;
"(3) methods of collection, separation, and containerization which
will encourage efficient utilization of facilities and contribute 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 reclamation 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 allow-
ances, 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 of such incentives and disincentives upon
the reuse, recycling, and conservation of such materials; and
"(7) the necessity and method of imposing disposal or other charges
on packaging, containers, vehicles, and other manufactured goods,
which charges would reflect the cost of final disposal, the value of re-
coverable components of the item, and any social costs associated with
nonrecycling or uncontrolled disposal of such items.
The Secretary shall from time to time, but not kss frequently than annually,
report the results of such investigation and study to the President and the
Congress.
"(b) The Secretary is also authorized to carry out demonstration projects
to test and demonstrate methods and techniques developed pursuant to sub-
section (a).
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162 LEGAL COMPILATION—SOLID WASTE
"(c) Section 204 (b) and (c) shall be applicable to investigations, studies,
and projects carried out under this section."
(b) The Solid Waste Disposal Act is amended by redesignating sections
207 through 210 as sections 213 through 216, respectively, and by inserting
after section 206 (as so redesignated by subsection (a) of this section) the
following new sections:
•'GRANTS FOR STATE, INTERSTATE, AND LOCAL PLANNING
"SEC. 207. (a) The Secretary may from time to time, upon such terms
and conditions consistent with this section as he finds appropriate to carry
out the purposes of this Act, make grants to State, interstate, municipal,
and intermunicipal agencies, and organizations composed of public officials
which are eligible for assistance under section 701 (g) of the Housing Act
of 1954, of not to exceed 66\ per centum of the cost in the case of an applica-
tion with respect to an area including only one municipality, and not to
exceed 75 per centum of the cost in any other case, of—
"(1) making surveys of solid waste disposal practices and problems
within the jurisdictional areas of such agencies and
"(2) developing and revising solid waste disposal plans as part of
regional environmental protection systems for such areas, providing for
recycling or recovery of materials from wastes whenever possible and
including planning for the reuse of solid waste disposal areas and
studies of the effect and relationship of solid waste disposal practices
on areas adjacent to waste disposal sites,
[p. 3]
"(3) developing proposals for projects to be carried out pursuant to
section 208 of this Act, or
"(4) planning programs for the removal and processing of abandoned
motor vehicle hulks.
"(b) Grants pursuant to this section may be made upon application
therefor which—
"(1) designates or establishes a single agency (which may be an
interdepartmental agency) as the sole agency for carrying out the purposes
of this section for the area involved;
"(2) indicates the manner in which provision will be made to assure
full consideration of all aspects of planning essential to areawide
planning for proper and effective solid waste disposal consistent with
the protection of the public health and welfare, including such factors
as population growth, urban and metropolitan development, land use
planning, water pollution control, air pollution control, and the feasibility
of regional disposal and resource recovery programs;
"(3) sets forth plans for expenditure of such grant, which plans
provide reasonable assurance of carrying out the purposes of this section;
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STATUTES AND LEGISLATIVE HISTORY 163
"(4) provides for submission of such reports of the activities of the
agency in carrying out the purposes of this section, in such form and
containing such information, as the Secretary may from time to time
find necessary for carrying out the purposes of this section and for
keeping such records and affording such access thereto as he may find
necessary; and
"(5) provides for such fiscal-control and fund-accounting procedures
as may be necessary to assure proper disbursement of and accounting
for funds paid to the agency under this section.
"(c) The Secretary shall make a grant under this section only if he finds
that there is satisfactory assurance that the planning of solid waste disposal
will be coordinated, so far as practicable, with and not duplicate other related
State, interstate, regional, and local planning activities, including those
financed in part with funds pursuant to section 701 of the Housing Act of
1954.
"GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID WASTE
DISPOSAL FACILITIES
"SEC. 208. (a) The Secretary is authorized to make grants pursuant to
this section to any State, municipal, or interstate or intermunicipal agency
for the demonstration of resource recovery systems or for the construction
of new or improved solid waste disposal facilities.
"(b)(l) Any grant under this section for the demonstration of a resource
recovery system may be made only if it (A) is consistent with any plans
which meet the requirements of section 207(b)(2) of this Act; ($) is consistent
with the guidelines recommended pursuant to section 209 of this Act; (C)
is designed to provide areawide resource recovery systems consistent with
the purposes of this Act, as determined by the Secretary, pursuant to regula-
tions promulgated under subsection (d) of this section; and (D) provides an
equitable system for distributing the costs associated with construction,
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.
[p. 4]
"(c)(l) A grant under this section for the construction of a new or im-
proved 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 con-
structed (i) is consistent with such plan, (ii) is included in a com-
prehensive plan for the area involved which is satisfactory to the Secretary
for the purposes of this Act, and (Hi) is consistent with the guidelines
recommended under section 209, and
"(B) the project advances the state of the art by applying new and
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164 LEGAL COMPILATION—SOLID WA:.TE
improved techniques in reducing the environmental impact of solid waste
disposal, in achieving recovery of energy or resources, or in recycling
useful materials.
"(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 serving an area which
includes only one municipality, and not more than 75 percent in any other
case.
"(d)(l) The Secretary, within ninety days after the date of enactment of
the Resource Recovery Act of 1970, shall promulgate regulations establishing
a procedure for awarding grants under this section which—
"(A) provides that projects will be carried out in communities of
varying sizes, under such conditions as will assist in solving the com-
munity waste problems of urban-industrial centers, metropolitan 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, con-
sideration shall be given by the Secretary (A) 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 economic and commercial viability
of the project (including contractual arrangements with the private sector
to market any resources recovered); (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
planning.
"(e) 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 maintenance costs;
"(3) may not be made until the applicant has made provision satis-
factory to the Secretary for proper and efficient operation and main-
tenance 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 Secretary 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 Secretary.
[p. 5]
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STATUTES AND LEGISLATIVE HISTORY 165
"(/)CO N°t wore than 15 percent of the total of funds authorized to be
appropriated under section 216(a)(3) for any fiscal year to carry out this
section shall be granted under this section for projects in any one State.
"(2) The Secretary shall prescribe by regulation the manner in which this
subsection shall apply to a grant under this section for a project in an area
which includes all or part of more than one State.
"RECOMMENDED GUIDELINES
"Sec. 209. (a) The Secretary shall, in cooperation with appropriate State,
Federal, interstate, regional, and local agencies, allowing for public com-
ment by other interested parties, as soon as practicable after the enactment
of the Resource Recovery Act of 1970, recommend to appropriate agencies
and publish in the Federal Register guidelines for solid waste recovery,
collection, separation, and disposal systems (including systems for private
use), which shall be consistent with public health and welfare, and air and
water quality standards and adaptable to appropriate land-use plans. Such
guidelines shall apply to such systems whether on land or water and shall
be revised from time to time.
"(b)(l) The Secretary shall, as soon as practicable, recommend model
codes, ordinances, and statutes which are designed to implement this section
and the purposes of this Act.
"(2) The Secretary shall issue to appropriate Federal, interstate, regional,
and local agencies information on technically feasible solid waste collection,
separation, disposal, recycling, and recovery methods, including data on
the cost of construction, operation, and maintenance of such methods.
"GRANTS OR CONTRACTS FOR TRAINING PROJECTS
"Sec. 210. (a) The Secretary is authorized to make grants to, and contracts
with, any eligible organization. For purposes of this section the term 'eligible
organization' means a State or interstate agency, a municipality, educational
institution, and any other organization which is capable of effectively carrying
out a project which may be funded by grant under subsection (b) of this
section.
"(b)(l) 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
Secretary, of any project operated or to be operated by an eligible organiza-
tion, which is designed—
"(A) to develop, expand, or carry out a program (which may combine
training, education, and employment) for training persons for occupa-
tions involving the management, supervision, design, operation, or
maintenance of solid waste disposal and resource recovery equipment
and facilities; or
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166 LEGAL COMPILATION—SOLID WASTE
"(B) to train instructors and supervisory personnel to train or
supervise persons in occupations involving the design, operation, and
maintenance of solid waste disposal 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 Secretary 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 is required by
section 207 (b) (4) and (5) with respect to applications made under such
section.
[p. 6]
"(c) The Secretary shall make a complete investigation 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 disposal and resource recovery field
which may limit either available manpower or the advancement of
personnel in such field.
He shall report the results of such investigation and study, including his
recommendations to the President and the Congress not later than one year
after enactment of this Act.
"APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO
EXECUTIVE AGENCIES
"See. til. (a)(i) 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 disposal activities, or
"(B) 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 disposal
activities,
then such agency shall insure compliance with the guidelines recommended
under section 209 and the purposes of this Act in the operation or administra-
tion of such property or facility, or the performance of such contract, as the
case may be.
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STATUTES AND LEGISLATIVE HISTORY 167
"(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 compliance with such guide-
lines and the purposes of this Act in the disposal of such waste.
"(4) The President shall prescribe regulations to carry out this subsection.
"(b) 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 Secretary to insure compliance with guidelines recommended under
section 209 and the purposes of this Act.
"NATIONAL DISPOSAL SITES STUDY
"Sec. 212. The Secretary shall submit to the Congress no later than two
years after the date of enactment of the Resource Recovery Act of 1970, a
comprehensive report and plan for the creation of a system of national disposal
sites for the storage and disposal of hazardous wastes, including radioactive,
toxic chemical, biological, and other wastes which
[p. 7]
may endanger public health or welfare. Such report shall include: (1) a list
of materials which should be subject to disposal in any such site; (2) current
methods of disposal of such materials; (3) recommended methods of reduction,
neutralization, recovery, or disposal of such materials; (4) an inventory of
possible sites including existing land or water disposal sites operated or
licensed by Federal agencies; (5) an estimate of the cost of developing and
maintaining sites including consideration of means for distributing the short-
and long-term costs of operating such sites among the users thereof; and (6)
such other information as may be appropriate."
(c) Section 215 of the Solid Waste Disposal Act (as so redesignated by
subsection (b) of this section) is amended by striking out the heading thereof
and inserting in lieu thereof "GENERAL PROVISIONS"; by inserting "(a)"
before "Payments"; and by adding at the end thereof the following:
"(b) No grant may be made under this Act to any private profitmaking
organization."
SEC. 105. Section 216 of the Solid Waste Disposal Act (as so redesignated
by section 104 of this Act) is amended to read as follows:
"Ssc. 216. (a)(l) There are authorized to be appropriated to the Secretary
of Health, Education, and Welfare for carrying out the provisions of this
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168 LEGAL COMPILATION—SOLID WASTE
Act (including, but not limited to, section 208), not to exceed $41,500,000
for the fiscal year ending June 30, 1971.
"(2) There are authorized to be appropriated to the Secretary of Health,
Education, and Welfare to carry out the provisions of this Act, other than
section 208, not to exceed $72,000,000 for the fiscal year ending June 30,
1972, and not to exceed $76,000,000 for the fiscal year ending June 30,
1973.
"(3) There are authorized to be appropriated to the Secretary of Health,
Education, and Welfare to carry out section 208 of this Act not to exceed
$80,000,000 for the fiscal year ending June 30, 1972, and not to exceed
$140,000,000 for the fiscal year ending June 30, 1973.
"(b) There are authorized to be appropriated to the Secretary of the Interior
to carry out this Act not to exceed $8,750,000 for the fiscal year ending
June 30, 1971, not to exceed $20,000,000 for the fiscal year ending June 30,
1972, and not to exceed $22,500,000 for the fiscal year ending June 30,1973.
Prior to expending any funds authorized to be appropriated by this sub-
section, the Secretary of the Interior shall consult with the Secretary of
Health, Education, and Welfare to assure that the expenditure of such funds
will be consistent with the purposes of this Act.
"(c) Such portion as the Secretary may determine, but not more than 1 per
centum, of any appropriation for grants, contracts, or other payments under
any provision of this Act for any fiscal year beginning after June 30, 1970,
shall be available for evolution (directly, or by grants or contracts} of any
program authorized by this Act.
"(d) Sums appropriated under this section shall remain available until
expended."
[p. 8]
And the Senate agree to the same.
HAHLEY O. STAGGERS,
JOHN JARMAN,
PAUL G. ROGERS,
WILLIAM L. SPRINGER,
ANCHER NELSEN,
Managers on the Part of the House.
JENNINGS RANDOLPH,
EDMUND S. MUSKIE,
THOMAS F. EAGLETON,
J. CALEB BOGGS,
HOWARD H. BAKER, JR.,
Managers on the Part of the Senate.
[p. 10]
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STATUTES AND LEGISLATIVE HISTORY 169
STATEMENT OF THE MANAGERS ON THE PART OF THE
HOUSE
The managers on the part of the House at the conference on the dis-
agreeing votes of the two Houses on the amendment of the Senate to
the bill (H.R. 11833) to amend the Solid Waste Disposal Act in order to
provide financial assistance for the construction of solid waste disposal
facilities, to improve research programs pursuant to such act, and for
other purposes, submit the following statement in explanation of the
effect of the action agreed upon by the conferees and recommended in
the accompanying conference report:
The Senate amendment struck out all of the House bill after the
enacting clause and inserted a new text. The House recedes from its
disagreement to the amendment of the Senate, with an amendment
which is a substitute for both the House bill and the Senate amendment.
Except for minor, technical, or conforming provisions, this statement
explains the action of the managers on the part of the House.
Section 202 of act (findings and purpose)
The Senate amendment added new language to describe the purposes
of the Solid Waste Disposal Act in order to emphasize recycling, local
planning, and training functions. The House bill contained -no comparable
provision. The conference report incorporates these provisions of the
Senate amendment.
Section 203 of act (definitions)
The House bill amended section 203 of the Solid Waste Disposal Act
by adding a definition of the term "municipality." The Senate amend-
ment amended this section of the act to eliminate the Department of
the Interior's responsibility under existing iaw for disposal of mineral
solid waste and to add to the act definitions of municipality, intermunicipal
agency, recovered resources, and resource recovery systems. The Senate
definition of municipality included Indian tribes.
The conference report includes the additional definitions, as added by
the Senate amendment.
Under the conference agreement the Department of the Interior
would retain its responsibilities; however, the Secretary of the Interior
is required by new section 216(b) of the act to consult with the Secretary
of Health, Education, and Welfare prior to expending any Department
of the Interior appropriations under the act.
It should be noted in this context that under Reorganization Plan
No. 3 of 1970 the functions of the Secretary of the Interior under the
Solid Waste Disposal Act will not be transferred; however, the functions
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170 LEGAL COMPILATION—SOLID WASTE
of the Secretary of Health, Education, and Welfare under the act (in-
cluding any new functions he obtains by reason of the bill) will be trans-
ferred under the reorganization plan to the Administrator of the Environ-
mental Protection Agency. The transfer will take effect on the date
determined under section 7 of the reorganization plan (in early December
1970).
[p. 11]
Section 204 of act (objectives of studies)
The House bill amended section 204 of the Solid Waste Disposal Act
so as to emphasize (1) reduction of the amount of solid waste, (2) new
and improved methods of collecting and disposing of solid waste, and
(3) recovery of usable materials or energy from solid waste, as the multiple
objectives of studies, research, experiments, training, and demonstrations
to be conducted by the Secretary of Health, Education, and Welfare.
The Senate amendment incorporated the same provisions as the House
bill and added two additional factors to be considered in the studies,
demonstrations, etc.: (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; and (2) the identification of solid
waste components and potential materials and energy recoverable from
such waste components. The Senate amendment also provided a specific
authorization of appropriations to carry out section 204.
The conference agreement incorporates all of the Senate amendments
to section 204 except the specific authorization of appropriations.
New section 205 of act (special study and demonstration projects on recovery
of useful energy and materials)
The House bill inserted a new section 205 into the act, which directed
the Secretary of Health, Education, and Welfare to carry out an investiga-
tion and study of—
(1) economical means of recovering useful materials from solid
waste, and the uses and market impact of, such materials;
(2) incentive programs for solving the problems of solid waste
disposal problems;
(3) changes in current production and packaging practices; and
(4) methods of collection and containerization.
The Secretary was directed to report on the study to the President
and Congress and was authorized to carry out demonstration projects to
test and demonstrate techniques developed as a result of the study.
Under the Senate version of the bill, title III was essentially similar
to the section 205 of the act as added by the House bill, with the following
exceptions:
(1) The Senate provision specified several additional factors to be
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STATUTES AND LEGISLATIVE HISTORY 171
studied (in particular, the use of Federal procurement to develop
market demand for recovered resources, economic incentives and
disincentives for recycling, and disposal charges).
(2) The Senate provided for a study to be completed within 2
years.
(3) No specific authority was provided for demonstration projects
to test and demonstrate the techniques developed in the study.
The conference agreement incorporates the provisions of the House
bill, and in addition directs the Secretary to conduct studies on the factors
specified in paragraph (1), supra.
New section 207 of act (planning grants)
The House bill added a new section 207 to the Solid Waste Disposal
Act (a revision of section 206 of existing law) which authorized planning
grants to public agencies and councils of government. The
[p. 12]
Federal share was up to 66f percent in the case of a grant for an area
including only one municipality and up to 75 percent in any other case.
The planning grants were to be available for (1) making surveys of solid
waste disposal practices and problems and (2) developing solid waste
disposal plans as part of regional environmental protection systems. The
House bill also authorized grants to pay up to 50 percent of the cost of
overseeing the implementation, enforcement, and modification of such
plans.
The Senate amendment added a section 207 to the act which differed
from the House provision principally in that no provision was made for
Federal assistance for overseeing the implementation, etc., of the plans,
and that more emphasis was given in the Senate provision to planning
for recycling and resource recovery and for removal of abandoned auto-
mobile hulks. The conference agreement contains the substantive provi-
sions of the Senate amendment in these respects.
New section 208 of act (grants for resource recovery systems and improved
solid waste disposal systems)
Under the House bill, this section provided for grants to public agencies
for the construction of projects utilizing new and improved techniques
of demonstrated usefulness in reducing the environmental impact of
solid waste disposal, promoting the recovery of energy or resources, or
the recycling of useful materials.
In the case of grants to a single municipality, the Federal share was
limited to 50 percent. In other cases, the Federal share could be 75 percent.
In either case, however, grants shall be made only if—
(1) funds could not be obtained from other sources upon equally
favorable terms;
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172 LEGAL COMPILATION—SOLID WASTE
(2) the applicant had made satisfactory provision for operation
and maintenance of the project; and
(3) the project was consistent with the purposes of the Federal
Water Pollution Control Act and the Clean Air Act.
Under the House bill not more than 15 percent of the total of funds
appropriated for the purposes of this section in any fiscal year could be
granted for projects in any one State, and not more than 10 percent of
Jthe allotment to the State for any one project.
The Senate amendment provided for grants to varying sizes of com-
munities to demonstrate resource recovery systems. (Sec. 203(10) of the
act, as added by the Senate, defines "resource recovery system" as a
solid waste management system which provides for collection, separation,
recycling, and recovery of solid wastes, including disposal of nonrecover-
able waste residues.) These systems were required to be areawide, and
grants were to be made so that a variety of solid waste problems (including
those of smaller towns and rural areas) would be dealt with. A system was
required to be consistent with plans developed in accordance with section
207 (b) (2) and with the section 209 guidelines. A proposal for a system
grant had to provide assurance that an equitable means exists for distrib-
uting the costs among the users of the system. The Senate amendment
specifically authorized annual appropriations of $20 million, $30 million,
$50 million, and $55 million through fiscal year 1974 for the programs
under this section.
The conference substitute combines these provisions of the House
and Senate versions. The substitute authorizes the Secretary to make
[p. 13]
grants to public agencies for the demonstration of resource recovery
systems ("demonstration grants") or for the construction of new or
improved solid waste disposal facilities ("construction grants").
A grant may not be made for either kind of project unless the project
meets certain planning requirements and is consistent with the section
209 guidelines.
A demonstration grant may be made only if it is designed to provide
areawide resource recovery systems consistent with the purposes of the
act, and it provides an equitable procedure for allocating the costs of
the system among the users. The Federal share of a demonstration grant
is 75 percent.
A construction grant may be made only if 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. The Federal share
of a construction grant is up to 50 percent for a project area which in-
cludes only one municipality, and up to 75 percent in any other case.
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STATUTES AND LEGISLATIVE HISTORY 173
The Secretary is directed to promulgate regulations relating to the
award of grants within 90 days. The regulations would provide among
other things that projects would be carried out in communities of varying
sizes, under such conditions as will assist in solving the community waste
problems of urban-industrial centers, metropolitan regions, and rural
areas, under representative geographic and environmental conditions.
In acting on grant applications the Secretary is directed to consider,
among other things, the economic and commercial viability of the project,
and the potential of such project for general application to community
solid waste disposal problems.
Grants under this section are to be made subject to the following
limitations:
(1) A grant may be made only in the amount of the Federal share
of the estimated total design and construction costs, plus (in the
case of a demonstration grant) the first-year operation and main-
tenance costs. The non-Federal share may be in any form, including
lands or interests therein, or personal property or services (to be
valued by the Secretary).
(2) A grant may not be provided for land acquisition.
(3) The applicant must make satisfactory provision for operation
and maintenance of the project.
Section 216(a)(3) of the act, as added by the conference substitute,
authorizes to carry out section 208 the sum of $80 million for fiscal year
1972, and $140 million for fiscal year 1973. No amount is specified for
fiscal year 1971; however, appropriations authorized by section 216(a)(l)
(which are generally available to carry out the act) would be available
for section 208 in fiscal year 1971. Not more than 15 percent of the
authorization for section 208 for any fiscal year (other than fiscal year
1971) could be granted for projects in any one State.
New section 209 of act (solid waste disposal guidelines)
Section 209 as added by the House bill directed the Secretary, within
18 months following date of enactment, to recommend to the appropriate
agencies standards for solid waste collection and disposal systems (in-
cluding systems for private use) which are consistent with health, air,
and water pollution standards and can be adapted to
[p. 14]
applicable land-use plans. Such standards were to be developed in co-
operation with appropriate State, interstate, and regional and local
agencies. The Secretary was also authorized to recommend model codes to
implement this section.
Section 209 as added by the Senate amendment directed the Secretary
as soon as practicable after the enactment of the bill to recommend to
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174 LEGAL COMPILATION—SOLID WASTE
appropriate agencies guidelines for solid waste recovery, collection,
separation, and disposal systems (including systems for private use),
which are consistent with public health and welfare, and air and water
quality standards and adaptable to appropriate land-use plans. Such
guidelines would apply to such systems whether on land or water and
would be required to be revised from time to time.
The Secretary was directed to recommend model codes as in the House
bill, and in addition to issue technical information.
The conference substitute incorporates the principal provisions of the
Senate version of section 209.
New section 210 of act (training grants)
The Senate amendment inserted a new section 210 in the act, which
authorized the Secretary to make grants for the purposes of providing
training in the field of solid waste disposal. The House bill had no com-
parable provision. The conference substitute incorporates the principal
provisions of the Senate amendment in this regard.
The new section 210 authorizes the Secretary to make grants to, and
contracts with, eligible organizations. An eligible organization is a public
agency, educational institution, and any other organization which is
capable of effectively carrying out a project under this section. Grants
or contracts may be made to pay all or a part of the costs of any project,
operated by an eligible organization, to train persons for occupations
involving the management, supervision, design, operation, or main-
tenance of solid waste disposal and resource recovery equipment and
facilities; or to train instructors and supervisory personnel to train or
supervise persons in such occupations.
The section contains provisions relating to applications, reports, and
records.
In addition the Secretary is directed to make a 1-year study of per-
sonnel needs in solid waste and resource recovery programs; of means
of using existing training programs to train such personnel; and of ob-
stacles to employment and occupational advancement in the solid waste
disposal and resource recovery field.
New section 211 of act (applicability of section 209 guidelines to Executive
agencies)
The Senate amendment inserted a new section 211 in the act which
generally provided that Federal agencies would insure compliance with
the section 209 guidelines in carrying out their functions. The House bill
contained no comparable provision. The conference substitute incorporates
a modification of the Senate provision.
Section 211(a)(l) of the act, as added by the conference substitute,
would provide that if an Executive agency has jurisdiction over any real
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STATUTES AND LEGISLATIVE HISTORY 175
property or facility the operation or administration of which involves
such agency in solid waste disposal activities, or if the agency enters into
a contract with any person for the operation by such person of any Federal
property or facility, the performance of which involves such person in
solid waste disposal activities, then the
[p. 15]
agency must insure compliance with the section 209 guidelines and the
purposes of the act in the operation or administration of such property
or facility, or the performance of such contract.
Section 211 (a) (2) requires that each Executive agency conducting an
activity which generates solid waste, and 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 the act in conducting such
activity.
Paragraph (3) of section 211 (a) requires each Executive agency which
permits the use of Federal property for purposes of disposal of solid
waste to insure compliance with such guidelines and the purposes of this
act in the disposal of such waste.
Paragraph (4) of section 211 (a) directs the President to prescribe
regulations to carry out section 211 (a).
Section 211(b) requires each Executive agency which issues any license
or permit for disposal of solid waste to consult with the Secretary to
insure compliance with the section 209 guidelines and the purposes of
the act, prior to the issuance of the license or permit.
New section 212 of act (national disposal sites study)
The Senate amendment inserted a new section 212 in the act, which
provided for a 2-year national disposal sites study. The Secretary was
directed to make a comprehensive report and plan for the creation of a
system of national disposal sites for the storage and disposal of hazardous
wastes, including radioactive, toxic chemical, biological, and other wastes
which may endanger public health or welfare. The report would include
(1) a list of materials subject to disposal; (2) current methods of disposal
of such materials; (3) recommended methods of disposal of such materials;
(4) an inventory of possible sites; and (5) cost estimates.
The House bill had no comparable provision. The House recedes on
this provision.
New section 215(b) of act (grant restrictions)
The Senate amendment prohibited the Secretary from making grants
under the Solid Waste Disposal Act to private profitmaking organizations.
The House bill contained no comparable provision. The conference sub-
stitute contains this provision (new section 215(b) of the act).
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176
LEGAL COMPILATION—SOLID WASTE
New section 216 of act (authorization of appropriations)
The House bill authorized separate appropriations to the Secretary of
Health, Education, and Welfare and to the Secretary of the Interior to
carry out the act for fiscal years 1971, 1972, and 1973.
The Senate amendment contained specific authorizations to carry out
sections 204 and 208 for fiscal years 1971, 1972, 1973, and 1974, and
open-ended authorizations for those years to carry out all other provisions
of the act. It also authorized specific sums to carry out titles II and III
of the bill.
The conference substitute contains (1) specific authorizations of ap-
propriations to the Secretary of Health, Education, and Welfare to
carry out the act (including sec. 208) for fiscal year 1971, and separate
authorizations to carry out section 208 and the other provisions of the
act for fiscal years 1972 and 1973, (2) authorizations of appro-
[p. 16)
priations to the Secretary of the Interior to carry out his functions
through fiscal year 1973, and (3) an authorization for title III of the bill.
The following table compares the appropriations authorized by the
House bill, the Senate amendment, and the conference substitute:
COMPARISON OF AUTHORIZATIONS
[Dollar amounts in millions]
House Bill
Senate Amendment .
Conference Substitute
HEW Functions
Interior Functions
§ 204 of Act
§ 208 of Act
All other provisions
of Act
Title II of bill
Title 111 of bill
HEW Functions
1 208 of Act
All other HEW
functions
under Act
Interior functions
Title II of bill
Fiscal year Fiscal year
1971 1972
$83 $152
$17.5 $20
$31.5 $40.5
$20 $30
No limit No limit
$2 for duration of Commission.
$2 for duration of study.
$41.5
$80
available both for $72
§ 208 and other
HEW functions).
$8.75 $20
$2 for duration of Commission.
Fiscal year Fiscal year
1973 1974
$216 No Authoriza-
S22.5
$40 $38.5.
$50 $55.
No limit No limit.
$140
$76
No Authoriza-
tion.
$22.5
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STATUTES AND LEGISLATIVE HISTORY
177
Both bills contain authority to evaluate programs under this Act.
Such evaluation should include examination of individual training grants
and contracts to assure that desired results are being achieved.
HARLEY 0. STAGGERS,
JOHN JARMAN,
PAUL G. ROGERS,
WILLIAM L. SPRINGER,
ANCHER NELSEN,
Managers on the Part of the House.
[p. 17]
l.ld (4) CONGRESSIONAL RECORD, VOL. 116 (1970)
l.ld (4)(a) June 23: Considered and passed House, pp. 20878-20893
RESOURCE RECOVERY ACT OP 1970
Mr. PEPPER. Mr. Speaker, by direc-
tion of the Committee on Rules, I call up
H.R. 1068 and ask for its immediate
consideration.
The Clerk read the resolution as follows
H. RES. 1068
Resolved, That upon the adoption of this resolu-
tion it shall be in order to move that the House
resolve itself into the Committee of the Whole
House on the State of the Union for the considera-
tion of the bill (H.R. 11833) to amend the Solid
Waste Disposal Act in order to provide financial
assistance for the construction of solid waste
disposal facilities! to improve research programs
pursuant to such Act, and for other purposes.
After general debate, which shall be confined to
the bill and shall continue not to exceed one hour,
to be equally divided and controlled by the chair-
man and ranking minority member of the Com-
mittee on Interstate and Foreign Commerce, the
bill shall be read for amendment under the five-
minute rule. It shall be in order to consider the
amendment in the nature of a substitute recom-
mended by the Committee on Interstate and
Foreign Commerce now printed in the bill as an
original bill for the purpose of amendment under
the five-minute rule. At the conclusion of such
consideration, the Committee shall rise and report
the bill to the House with such amendments as
may have been adopted, and any Member may
demand a separate vote in the House on any
amendment adopted in the Committee of the
Whole to the bill or committee amendment in the
nature of a substitute. The previous question shall
be considered as ordered on the bill and amend-
ments thereto to final passage without intervening
motion except one motion to recommit with or
without instructions.
Mr. PEPPER. Mr. Speaker, I yield 30
minutes to the distinguished gentleman
from Ohio (Mr. LATTA), pending which I
yield myself such time as I may consume.
Mr. Speaker, House Resolution 1068
provides an open rule with 1 hour of
general debate for consideration of H.R.
11833, the Resource Recovery Act of 1970.
The resolution further provides that it
shall be in order to consider the committee
substitute as an original bill for the purpose
of amendment.
The purposes of H.R. 11833 are: First,
to expand and intensify the development
of new technologies for solid waste dis-
posal; second, to promote greater initia-
tive on the part of the States in assuming
increasing responsibilities for solid waste
disposal programs; third, to stimulate
;he construction by States and munici-
palities of pilot facilities utilizing new
and improved waste disposal technologies;
and fourth, to conduct studies to deter-
mine economical means of and appro-
priate incentives for recovering useful
materials and energy from solid waste
.nd reducing the amount of such waste
and facilitating the disposability thereof
lirough improved production and packag-
ng practices.
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178
LEGAL COMPILATION—SOLID WASTE
The objectives are to be achieved
through studies, investigations, and dem-
onstration projects conducted by the
Secretary of Health, Education, and Wel-
fare and construction grants to State and
municipalities as well as interstate and
intermunicipal agencies to contribute to
the financing of pilot facilities.
Appropriations would be authorized to
the Secretary of Health, Education, and
Welfare for fiscal year 1971 in the amount
of not more than $83 million, for fiscal
year 1972 not more than $152 million and
for fiscal year 1973 not more than $216
million.
Appropriations would be authorized to
the Secretary of the Interior for fiscal
year 1971 in the amount of not more than
$17.5 million, for fiscal year 1972 not
more than $20 million and for fiscal year
1973 not more than $22.5 million.
Mr. Speaker, I urge the adoption of
House Resolution 1068.
Mr. LATTA. Mr. Speaker, as the able
gentleman from Florida has stated,
House Resolution 1068 provides an open
rule, 1 hour of debate on the bill, H.R.
11833, the Resource Recovery Act of 1970.
The rule also makes in order the committee
substitute as an original bill for the purpose
of amendment.
The purpose of the bill is to amend
the Solid Waste Disposal Act in a number
of significant areas. The bill will: First,
expand and intensify the development of
new techniques for solid waste disposal;
second, stimulate the construction by the
several States and municipalities of pilot
projects utilizing new and unproved waste
disposal technologies; and, third, provide
for conducting studies to determine eco-
nomical means of and appropriate incen-
tives for recovering useful materials and
energy from solid waste and a way to re-
duce the amounts of such waste which
should be disposed of.
Studies, demonstrations, and pilot proj-
ects will be funded through grants from
the Secretary of Health, Education, and
Welfare. Construction grants to States
and municipalities are also available to
enable these agencies to construct and
improve waste disposal facilities. The
United States generates approximately
360 million tons of industrial, municipal,
and commercial waste each year. We
spend $4.5 billion annually to dispose of
it and yet we are not doing a satisfactory
job. New techniques must be developed
to dispose of waste and reclaim from it
valuable products and sources of energy.
In order to develop new techniques, pilot
projects must be undertaken. The bill
funds such projects.
The authorization covers 3 years, fiscal
years 1971 through 1973. Total authori-
zations for 1971 are $100.5 million; for
1972, $172 million and for 1973, $238.5
million.
I support the rule and the bill.
I compliment the committee for bring-
ing this bill forward.
Mr. Speaker, I have no requests for
tune, and reserve the remainder of my
time.
Mr. PEPPER. Mr. Speaker, I have no
further requests for time.
I move the previous question on the
resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
Mr. STAGGERS. Mr. Speaker, I move
that the House resolve itself into the
Committee of the Whole House on the
State of the Union for the consideration
of the bill (H.R. 11833) to amend the
Solid Waste Disposal Act in order to
provide financial assistance for the con-
struction of solid waste disposal facilities,
to improve research programs pursuant
to such act, and for other purposes.
The SPEAKER. The question is on the
motion offered by the gentleman from
West Virginia.
The motion was agreed to.
IN THE COMMITTEE OF THE WHOLE
Accordingly the House resolved itself
into the Committee of the Whole House
on the State of the Union for the con-
sideration of the bill H.R. 11833, with
Mr. ABEENETHY in the chair.
The Clerk read the title of the bill.
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STATUTES AND LEGISLATIVE HISTORY
179
By unanimous consent, the first readin,
of the bill was dispensed with.
The CHAIRMAN. Under the rule, th<
gentleman from West Virginia (Mr
STAGGERS) will be recognized for 30 min
utes, and the gentleman from Illinois
(Mr. SPRINGER) will be recognized fo
30 minutes.
The Chair recognizes the gentleman
from West Virginia (Mr. STAGGERS).
Mr. STAGGERS. Mr. Chairman, I
yield myself such tune as I may consume
Mr. Chairman, there is outstanding
need for this legislation. This Nation is
generating approximately 360 million
tons of industrial, municipal, and com
mercial solid waste. This amount is ex
[p. 20878
pected to double by 1980. To manage this
waste, we spend $4.5 billion annually
While these expenditures are increasing
steadily, we are failing to do a satisfactory
job. The greatest amount of the moneys
spent goes for collecting solid waste anc
transporting it to some place where it may
be dumped or burned.
The most prevalent method for dispos-
ing of solid waste is open dumping. Yet,
94 percent of the open dumping facilities
used are inadequate, since the dumped
waste either is not covered daily with dirt
as it properly should, or is being burned,
or creates water pollution problems. In-
cineration is the second most frequently
employed method. Yet, 75 percent of all
municipal incinerators are inadequate be-
cause they are inefficient in reducing solid
wastes, or create air pollution problems,
or both. If present collection methods are
not improved we shall not be able to
build and operate enough trucks to collect
the growing volume of waste materials.
Improved collection and disposal meth-
ods, however, will not suffice to take
care of the steadily growing volume of
solid waste materials. We shall have to
develop new technologies for reclaiming
and recycling usable materials and energy
from such solid waste. We shall also have
to improve production and packaging
methods of products which end up as
solid waste so as to reduce the amount of
such waste and to facilitate the disposal
thereof.
The development of such technologies
is difficult and costly. The present level of
funding of research to take care of a $4.5
billion problem is entirely inadequate.
One such technology which holds out
the greatest promise is the generating
of electric power from solid wastes and
adequate funds should be made available
promptly to reduce the leadtime in the
case of this particular technology as much
as possible. Beyond the development of
such technologies, however, we shall have
to provide adequate economic incentives
to make the recapture and recycling of
useful materials and energy attractive
to those private industries which produce
the products which are not used up but
end up as solid waste.
Additionally, the responsibility for the
development of improved solid waste dis-
posal programs cannot be left to indi-
vidual municipalities, small and large,
which traditionally have shouldered the
responsibility for solid waste disposal, but
the States must demonstrate increasing
concern in this area. Prior to 1965, the
year when the Solid Waste Disposal Act
first was enacted by the Congress, few
States assumed any responsibility for
formulating solid waste disposal pro-
grams. While the number of States which
save been willing to develop action pro-
grams has increased greatly since that
year, the time now has come to stimulate
through a highly selective grant program
;he construction of advanced disposal
'acilities designed to carry out such State
llans on an area-by-area basis.
The legislation reported by your com-
mittee is designed to further all of these
•arious objectives, and only through the
Dursuit of these several objectives is there
,ny hope that the steadily mounting
aroblem of solid waste management can
ie dealt with successfully.
In summary then, the purposes of the
egislation are, first, to expand and ia-
^ensify the development of new tech-
nologies for solid waste disposal; second,
a promote greater initiative on the part
f the State in assuming increasing re-
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180
LEGAL COMPILATION—SOLID WASTE
sponsibilities for solid waste disposal
programs; third, to stimulate the con-
struction by States and municipalities of
pilot facilities utilizing new and im-
proved waste disposal technologies; and
fourth, to conduct studies to determine
economical means of and appropriate in-
centives for, first, recovering useful
materials and energy from solid waste
and, second, reducing the amount of such
waste and facilitating the disposability
thereof through improved production and
packaging practices.
These objectives are to be achieved
through, first, studies, investigations, and
demonstration projects conducted by the
Secretary of Health, Education, and
Welfare, and, second, construction grants
to States and municipalities as well as
interstate and intermunicipal agencies to
contribute to the financing of pilot facil-
ities utilizing new and improved tech-
nologies if the construction of such facil-
ities is part of a State or interstate plan
setting forth a comprehensive plan for
solid waste disposal in the particular area
or areas involved.
This is the second piece of environ-
mental legislation which the Interstate
and Foreign Commerce Committee is
bringing to the floor immediately follow-
ing the Clean Air Act amendments. Solid
waste disposal programs are not any-
where near as far advanced as the clean
air program. The need however is urgent
and we shall have to make fast progress.
The legislation therefore provides for a
steep increase in authorized funds through
the fiscal year 1973. The legislation au-
thorizes funds for two Departments which
share responsibilities under this legisla-
tion—the Department of Health, Educa-
tion, and Welfare and the Department of
the Interior.
The bill provides for HEW not to ex-
ceed $83 million for the fiscal year ending
June 30, 1971, not to exceed $152 million
for the fiscal year ending June 30, 1972,
and not to exceed $216 million for the
fiscal year ending June 30, 1973.
For the Department of the Interior it
provides sums not to exceed $17,500,000
for the fiscal year ending June 30, 1971,
not to exceed $20 million for the fiscal
year ending June 30, 1972, and not to
exceed $22,500,000 for the fiscal year
ending June 30, 1973.
Mr. Chairman, I hope the House will
support this legislation which will greatly
benefit the American people. I might say
that when it came out of the committee
the vote was 21 to 1. The one vote in oppo-
sition was because of some particular
aspect of the bill.
Now, Mr. Chairman, there are many
products that can be reclaimed in this
solid waste disposal program and one of
the most important of these is the generat-
ing of electric energy which would be
generated by a new technique which they
are developing by burning waste materials.
Certainly, Mr. Chairman, many other
products can be reclaimed from these
waste products.
Mr. Chairman, in my opinion the bill
has been fully considered by the sub-
committee and by the full committee and
the House should pass the bill.
Mr. NELSEN. Mr. Chairman, will the
gentleman yield?
Mr. STAGGERS. I am happy to yield
to my friend, the gentleman from Minne-
sota (Mr. NELSEN).
Mr. NELSEN. Is there any provision
in this bill to the effect that they must
spend the money that is authorized?
Mr. STAGGERS. No, I would say in
response to the question of the gentleman
from Minnesota; there is not.
Mr. NELSEN. I thank the gentleman
from West Virginia.
Mr. SPRINGER. Mr. Chairman, I yield
myself such time as I may consume.
Mr. Chairman, as concerned as we are
about the air we breathe and its effect
on public health, we stand a good chance
of being engulfed by a tidal wave of trash
before air pollution gets to us. Our way of
life has brought about a flood of con-
venient packages which can neither be
consumed or successfully disposed of.
Solid waste disposal systems are primi-
tive at best and certainly were never
designed to cope with the sophisticated
trash we now impose on them. We are
presently hi the predicament of the Aus-
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STATUTES AND LEGISLATIVE HISTORY
181
tralian who went crazy trying to throw
away his old boomerang.
Having come to the point where presen
methods are patently inadequate am
alternatives seem to be few we mus
reach out for completely new approaches
The thrust of the bill before us today is
in exactly that direction. In addition
to searching for and trying new methods
of collecting and disposing of solid waste
it contemplates efforts to reduce the
amount of solid waste and the recycling
and reuse of whatever useful substances
might be extracted from it. First of all i'
calls for studies along all of these lines
with reports to the President and to
Congress.
If any good ideas are developed in the
course of the studies the Secretary is au-
thorized to give them a whirl in the form
of demonstration projects to test and
show off the new techniques.
Recognizing that not all good ideas
come from the top and that the eventual
operation of waste disposal systems will
be local, the bill provides for planning
grants to States, municipalities, or com-
binations of either. These grants will pay
up to two-thirds of the cost of planning
activities by a single municipality or three-
fourths of the cost where a combination
of entities is involved. If plans are de-
veloped, continuing 50-50 grants will be
available to implement them and then
oversee the operations.
It is one thing to make plans and it is
another to carry them out with the neces-
sary physical facilities. Waste disposal
presumes equipment and even large in-
stallations, particularly where resources
are to be salvaged for reuse. So where
plans have been successfully
[p. 20879]
made and new techniques are available
there is good reason to encourage the use
of these techniques. Communities which
are willing to make use of them and apply
their own resources to the effort can get
grant assistance in the actual construction
of facilities. It is not a general grant pro-
gram with allocations to all States on a
formula basis but rather one which rewards
the acceptance of responsibility and will-
ingness to take on the new ideas. The
Secretary is given fairly wide discretion
in the acceptance of applications to see
that the projects funded are also contribut-
ing something to the overall progress in
solid waste disposal and are consistent with
the aims of the act aa well as consistent
with all other environmental considera-
tions. Limitations upon the amount avail-
able for any one project will insure against
undue concentration of the funds provided.
As knowledge is gained standards can be
set for disposal systems, and it is contem-
plated that this will be done starting
within the next 18 months.
Two departments of the Federal Gov-
ernment are vitally interested in solid
waste disposal, and the authorizations
contained in the bill recognize this fact.
The Department of Interior is responsible
for programs involving minerals and fossil
fuels. The Department of Health, Educa-
tion, and Welfare has the large responsi-
bility of working with the communities
and administering the grants. These au-
thorizations amount to $83 million for
fiscal 1971, $152 million for fiscal 1972
and $216 million for fiscal 1973.
This legislation is necessary and in my
opinion well designed to make an impact
upon the problem in the shortest possible
time. We must gain on the trash soon. This
should do it. I recommend the bill to
the House.
Mr. McCLUB,E. Mr. Chairman, if the
gentleman will yield.
I notice there is a provision here for an
appropriation both to the Department of
Eealth, Education, and Welfare, and the
Department of the Interior.
Is there anything in this legislation
which would prohibit interdepartmental
agreements which would allow the De-
)artment of Agriculture, for instance, to
use a portion of those funds on ongoing
programs which the U.S. Forest Service
las in this field.
Mr. SPRINGER. May I say, I will yield
o the gentleman from North Carolina on
hat point. He had a proposed amendment
his morning which I am not sure he in-
roduced, but nevertheless he has gone
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182
LEGAL COMPILATION—SOLID WASTE
into this in detail and perhaps can answer
the gentleman.
Mr. BROYHILL of North Carolina. I
will discuss this matter later.
Mr. GROSS. Mr. Chairman, will the
gentleman yield?
Mr. SPRINGER. I yield to the gentle-
man.
Mr. GROSS. I am surprised not to find
any departmental reports in this report
accompanying the bill. Why are there no
departmental reports?
Mr. SPRINGER. I am unable to answer
the gentleman on that particular point.
Perhaps the chairman of the subcommittee
can answer the question of the gentleman
from Iowa.
Mr. GROSS. I will say it becomes a
pretty acute problem.
Mr. JARMAN. Mr. Chairman, if the
gentleman will yield further so that I may
respond to the gentleman, the administra-
tion bill was an open-ended provision and
simply provided for such funds as may
be needed.
The figures to which you refer are figures
the committee put into the bill as the
program.
Mr. GROSS. Well, let me ask the gentle-
man this question.
Did the committee attempt to ascertain
from the Bureau of the Budget the amount
of funds that they thought would be neces-
sary or should be used for this purpose
and does this bill have the support of the
administration?
Mr. SPRINGER. It did.
Mr. GROSS. Perhaps someone else can
elucidate further.
Mr. JARMAN. Mr. Chairman, I yield
myself such time as I may consume.
Mr. Chairman, in looking at our en-
vironmental problems, the Subcommittee
on Public Health and Welfare determined
that next to air pollution control, the prob-
lem of solid waste disposal and recycling
was the most important problem to which
the Congress should give its attention.
Tremendously large sums are spent an-
nually; namely, $4.5 billion, to manage
solid waste. Such waste is generated by
industry, by households and by com-
mercial establishments. At the present
time, the methods of solid waste disposal
and the collecting of solid waste are en-
tirely inadequate. Most of this waste is
either dumped or burned.
Therefore, it is imperative that we de-
velop new and improved disposal methods
as well as methods designed to reclaim
usable materials or energy from such solid
waste.
Our committee first became concerned
with the problems of solid waste disposal
in 1965 and, as a result of this concern,
Congress enacted during that year the
Solid Waste Disposal Act. While under
this act a small beginning has been made,
we must now push ahead much faster be-
cause if present collection and disposal
methods are not improved, we shall not
be able to dispose of solid waste which is
expected to double by 1980.
Since the able chairman of our full com-
mittee, the gentleman from West Virginia
(Mr. STAGGERS), has already touched on
the highlights of this legislation, let me
concentrate on some of the important
provisions contained in this legislation.
The bill calls for a special study and
demonstration projects on recovery of
useful energy and materials. Section 4
directs the Secretary of Health, Educa-
tion, and Welfare to carry out an investi-
gation and study to determine:
First, economical means of recovering
useful materials from solid waste, recom-
mended uses of such materials for national
or international welfare, and the market
impact of such recovery;
Second, appropriate incentive programs
—including tax incentives—to assist in
solving the problems of solid waste dis-
posal;
Third, practicable changes in current
production and packaging practices which
would reduce the amount of solid waste;
and
Fourth, practicable methods of collec-
tion and containerization which will en-
courage efficient utilization of facilities
and contribute to more effective programs
of reduction, reuse, or disposal of wastes.
The Secretary is directed to report the
results of such investigation and study to
the President and the Congress.
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STATUTES AND LEGISLATIVE HISTOBY
183
The Secretary is authorized to carry
out demonstration projects to test anc
demonstrate techniques developed as
result of the study. The provisions con
tained in section 204 of the act relating
to patents and information resulting from
Government-financed research activities
are applicable to such demonstration
projects.
Next, the legislation would authorize
planning grants to State, interstate, mu
nicipal, and intermunicipal agencies as
well as metropolitan, regional, or distrie
councils of government of not to exceec
66f percent in the case of a project serving
an area which does not include more than
one municipality and not to exceed 75
percent in any other case, and not to
exceed 50 percent of the cost of overseeing
the implementation, enforcement, anc
modification of such plans. Such planning
grants are to be available for making
surveys of solid waste disposal practices
and problems within the jurisdictlonal
areas of such agencies and developing
solid waste disposal plans as part of re-
gional environmental protection systems
for such areas, including planning for the
reuse, as appropriate, of solid waste dis-
posal areas and studies of the effect and
relationship of solid waste disposal prac-
tices on areas adjacent to waste dis-
posal site.
To qualify for planning grants, an appli-
cant must meet the following conditions:
First, designate or establish a single
agency as the sole agency to discharge for
the area involved the responsibilities con-
templated by this section;
Second, indicate how an areawide plan-
ning of effective solid waste disposal pro-
grams provision will be made for the
consideration of such public health factors
as population growth, urban and metro-
politan development, land use planning,
water and air pollution control, and the
feasibility of regional disposal programs;
Third, set forth how the grant will be
expended so as to carry out the purposes
of this section;
Fourth, provide for submission of a
final report by the agency on its activities,
and for submission of such other reports
and information as the Secretary may
prescribe; and
Fifth, provide for appropriate fiscal con-
trol and accounting procedures.
Grants under this section shall be made
only if the Secretary finds that the plan-
ning will not duplicate, but will be co-
ordinated with, other related planning
activities.
Perhaps the most important provisions
of this legislation are those authorizing
construction grants to any State, munic-
[p. 20880]
ipality or interstate or intermunicipal
agency for the construction of projects
utilizing new and unproved techniques of
demonstrated usefulness in reducing the
environmental impact of solid waste dis-
posal, promoting the recovery of energy
or resources, or the recycling of useful
materials.
The program contemplated by this sec-
tion is not a general grant-in-aid program
entitling each State to a share in available
grant funds. The program is an experimen-
tal one designed to assist in the financing
of advanced solid waste disposal facilities
within those States which have demon-
strated a willingness to assume responsi-
Dilities for formulating comprehensive
solid waste disposal programs for intra-
state or interstate areas within their
territories. Within the framework of such
jlans, municipalities may apply singly or
ointly for grants for pilot projects utilizing
new and improved techniques of solid
waste disposal. Since it can reasonably be
expected that different techniques will be
suitable for municipalities of different
sizes, in different locales and having differ-
characteristics, such comprehensive
State plans are expected to call for a
number of different facilities to be con-
tracted concurrently. If more than 10
eligible projects are applied for, the funds
to be distributed among at least 10
applicants. If grants for fewer than 10 such
irojects are applied for, the Secretary may
use the funds for those eligible munici-
'alities which have applied.
In the case of construction grants to a
ingle municipality, the amounts of such
-------
184
LEGAL COMPILATION—SOLID WASTE
grants shall not exceed 50 percent of the
estimated reasonable cost of the project as
determined by the Secretary. In the case
of construction grants to more than one
municipality, the amounts may be in-
creased by an additional 25 percent o:
such cost. In either case, however, grants
shall be made only if—
First, the applicant is unable to obtain
such amounts from other sources upon
terms and conditions equally favorable;
Second, the applicant has made pro-
vision satisfactory to the Secretary for
proper and efficient operation and mainte-
nance of the project after completion; anc1
Third, the project is consistent with the
purposes of the Federal Water Pollution
Control Act and the Clean Air Act.
The Secretary may impose such addi-
tional conditions as he deems necessary to
carry out his functions pursuant to this act.
In determining the desirability of proj-
ects and of approving Federal financial
aid in connection therewith, consideration
shall be given by the Secretary to the
public benefits to be derived by the con-
struction and the propriety of Federal aid
in such construction, the relation of the
ultimate cost of the project to the public
interest and to the public necessity for the
project and the use by the applicant of
comprehensive regional or metropolitan
area planning.
Not more than 15 percent of the total of
funds appropriated for the purpose of this
section in any fiscal year shall be granted
for projects in any one State, and not
more than 10 percent of the allotment to
the State for any one project—except that
if fewer than 10 applicants apply, each
applicant must receive at least 10 percent.
In the case of a grant for a program in an
area crossing State boundaries, the Secre-
tary shall determine the portion of such
grant which is chargeable to the percentage
limitation under this subsection for each
State into which such area extends.
In order to make possible these new
programs, the legislation authorizes sub-
stantially increased appropriations for the
two departments which have responsibili-
ties under this legislation—the Secretary
of Health, Education, and Welfare and
the Secretary of Interior. The Secretary
of Health, Education, and Welfare has
been given the primary responsibility for
dealing with solid waste disposal problems.
The Secretary of the Interior's responsi-
bilities are limited to "problems of solid
waste resulting from the extraction, proc-
essing, or utilization of minerals or fossil
fuels where the generation, production or
reuse of such waste is or may be controlled
within the extraction, processing, or uti-
lization facility or facilities and where such
control is a feature of the technology or
economy of the operation of such facility
or facilities."
The amounts authorized to be appropri-
ated to the Secretary of Health, Educa-
tion, and Welfare are as follows: For the
fiscal year ending June 30, 1971, not to
exceed $83 million; for the fiscal year
ending June 30, 1972, not to exceed $152
million; for the fiscal year ending June 30,
1973, not to exceed $216 million.
The amounts authorized to be appropri-
ated for the Secretary of Interior are as
follows: For the fiscal year ending June
30, 1971, not to exceed $17.5 million; for
the fiscal year ending June 30, 1972, not to
exceed $20 million; for the fiscal year
ending June 30, 1973, not to exceed $22.5
million.
I hope the House will support this im-
portant environmental legislation because
the problems presented by the tremendous
ncrease in solid waste which our economy
generates have'to be met if our communi-
;ies and our people are not to face disaster
during the next decade. Unlike the Clean
Air Act, this is not regulatory legislation.
tt is legislation pure and simple to generate
new technologies at the earliest possible
date for disposing of solid waste and for
recycling usable wastes and to build pilot
slants where these new technologies can
>e demonstrated. Our subcommittee has
worked hard on this legislation and I believe
t merits the full support of this House.
Mr. SPRINGER. Mr. Chairman, I yield
as much tune as he might consume to the
gentleman from North Carolina (Mr.
JROYHILL).
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STATUTES AND LEGISLATIVE HISTORY
185
The CHAIRMAN. The gentleman from
North Carolina is recognized.
Mr. BROYHILL of North Carolina
Mr. Chairman and members of the com
mittee, I rise in support of this legislation
which can go a long way and do a grea
deal in helping to shed light on this prob
lem of coming up with ways to reclaim
waste material. Of the 50 or more million
of tons of paper and paperboard whid
are produced in the United States eacr
year, only a very small percentage is re
claimed or recycled. The amount whicl
is reclaimed and recycled today is largelj
the paper material which is clean, homo
geneous, and concentrated in one place
such as an industrial location or what we
might call commercial wastepaper. Then
is almost no paper reclaimed from munici
pal use, although half of such refuse con
sists of paper products.
I have figures before me which show
that doubling the reuse of wastepaper
alone, we could save 15 million cords o:
wood per year or the annual growth of 15
million acres of timberland. Of course
millions of tons of wood from urban sources
are also discarded annually and systems
for recovering and reusing these resources
should be devised.
I would like to describe to the com-
mittee a project which is now going on
at the Forest Products Laboratory in
Madison, Wis. This is a cooperative proj-
ect of the Department of Agriculture,
the Department of the Interior, and the
Department of Health, Education, and
Welfare. This project is aimed at recycling
wastepaper from raw urban solid waste
through the development of more efficient
recovery processes and, of course, trying to
come up with a wider variety of end-
product uses.
As I said, the Department of the Interior
is cooperating in this project, the Depart-
ment of HEW is cooperating with it, and
work is being done at the Forest Products
Laboratory at Madison, Wis.
I have in my hand a sheet of paper.
Thirty percent of the fibers which were
used to make this sheet of paper came
from the Madison, Wis., city dump. It
was reclaimed by the Forest Service re-
search project there at Madison, and it
was combined with the regular pulp-
making process.
I would like to have the attention of the
gentleman from Oklahoma and the gentle-
man from Florida (Mr. ROGERS) to com-
ment on the role that the Department of
Agriculture will be playing in this program.
The gentleman from Idaho has already
been on his feet and has called to our
attention the fact that the Department of
Agriculture is not included by name in
this legislation. Both in the old act as well
as in the legislation we are considering
today, it seems to me the Department of
Agriculture should have a role to play
because solid wastes are of great concern
to agriculture and rural areas. I have de-
scribed here a program in which the De-
partment of Agriculture is cooperating
with the two departments named in the
bill. The Department of Agriculture does
have a role to play, they are, of course,
vitally interested in the producing and
processing and transportation and market-
ing of farm and forest products, as well as
in the viability and attractiveness of farm
communities below 5,000 in population,
as well as in
[p. 20881]
;he public health and well-being of the
jopulation in rural areas.
There are many areas in which the
Department of Agriculture would be in-
.erested in the waste disposal program.
One example is the urban disposal system
which is in use in so many cities today,
which is to get landfill sites out of sight into
he countryside, and this, of course, is of
5reat concern to rural America.
I would hope we could add an amend-
ment to this bill which would give the
Department of Agriculture its rightful
ecognition so they could share in some of
fie appropriations that will be made pos-
ible by this bill.
I will yield now to the gentleman from
'lorida for any comments he might wish
o make.
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186
LEGAL COMPILATION—SOLID WASTE
Mr. KOGERS of Florida. Mr. Chair-
man, I appreciate the gentleman yielding
The gentleman has made some very
valid points. We had discussed this before
the debate began and had come to sub-
stantial agreement that the Departmenl
of Agriculture does play a very substantial
role in trying to meet this problem oi
solid waste disposal.
I would refer the gentleman to the
intent of the committee which is in the
original law in section 204(a) regarding
research, demonstrations, training, and
other activities. Here it states that the
Secretary of HEW will cooperate and will
consult and try to work together not only
with Agriculture but also with other de-
partments of Government which are in-
volved in trying to help solve this problem.
For instance, as I am sure the gentleman
knows, it will include not only HEW, but
also Interior, which is involved, and Agri-
culture, and the Department of Housing
and Urban Development, as well as the
Department of Commerce and the De-
partment of State, and the Department
of Defense, and some other departments.
What we said in the original bill cer-
tainly does make clear the intent that we
expect the Secretary to consult with the
Secretary of Agriculture as well as the
Secretary of Defense and these other da-
partments to try to have a coordinated
attack.
We have centered responsibility in the
Secretary of HEW, and we allow Interior
to come in on it, but still HEW is the
central force, and he is to consult, as the
gentleman has suggested, and it should
be well to recognize the role of the De-
partment of Agriculture also.
Mr. BROYHILL of North Carolina. I
thank the gentleman for his comments.
Mr. Chairman, earlier I obtained per-
mission to include extraneous matter with
my remarks, and I include at this point
material setting forth the role of the De-
partment of Agriculture in this overall
area, listing the number of projects they
have ongoing at this time and their tre-
mendous interest in and the tremendous
amount of work they do in this area. Also
I include the Department of Agriculture
testimony before the Senate Committee
on Public Works in regard to a similar
Senate bill.
The material referred to follows:
AGRICULTURE RELATED SOLID WASTES
Solid wastes are of great significance to agricul-
ture—to producing, processing, transporting, and
marketing farm and forest products; to the viability
and attractiveness of rural communities; to public
health and well being; to recreation; and to the
utility and esthetic quality of the countryside. In
addition to the vast quantities of solid waste re-
sulting from agriculture and agribusiness, the
urban disposal system with its many sites being
in the countryside is a concern of rural America.
Programs of USDA and its cooperators at State
and local levels relating to solid wastes include
programs of research, education and information,
technical assistance, cost-sharing and loans and
grants. In addition, the Department deals with
growing solid waste problems due to increased use
of the Federal lands and facilities the Department
administers. The Department's cooperative pro-
grams relate to (1) urban and industrial wastes
produced in communities under 5,500 population,
(2) wastes from industrial processing of raw agri-
cultural and forestry products, (3) agricultural
wastes associated with farm, forest and ranch pro-
duction processes; e.g., animal wastes, forest and
crop residues, and pesticide containers, and (4)
urban and industrial wastes from which raw agri-
cultural materials may be reclaimed. In addition to
these activities oriented to agriculture-derived
wastes, USDA has (5) a broad base of technical
competence for dealing with land management
aspects of rural disposal sites receiving solid wastes
Tom all sources.
The Department's long-standing cooperative re-
search programs with land grant colleges and uni-
versities and other institutions include studies of
ways to reduce, control, use or dispose of such solid
wastes as animal manure, forest slash and excess
straw and wastes from plants which process raw
agricultural commodities. In addition, research is
underway on ways to economically recover agri-
cultural raw materials from urban solid wastes;
e.g., wood fibers from discarded paper products.
The research includes studies of effective means for
returning wastes to the soil where they are pro-
duced and the disposal of processing wastes in
areas away from the processing plants. These pro-
grams also include the development of information
eading to new and improved processing methods
o more fully utilize raw materials and byproducts.
Associated with the farm, forest, and processing
ilant approaches are efforts to modify the inherent
characteristics of raw agricultural commodities to
educe solid wastes originating with those com-
modities.
USDA and State education and information pro-
grams utilize a nationwide agricultural extension
ervice organization to bring the latest knowledge
and methodology to enterprises and individuals
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STATUTES AND LEGISLATIVE HISTORY
187
whose activities or ownerships lead to solid wastes
production.
Technical assistance in resource developmem
and use is provided nationwide. In many situations
this includes help for developing solid waste dis-
posal practices. This assistance is available to loca
communities; cooperatives; nonprofit associations
landowners and operators in Soil and Water Con-
servation Districts; State and private forests; anc
food and fiber processing plants.
Project measures included in Resource Con-
servation and Development Projects often involve
the problems of solid waste disposal. The Depart-
ment provides technical assistance in the interpre-
tation of soil survey information for use in locating
suitable disposal sites.
The Department may share up to 50 percent ol
the cost of basic facilities required for health,
safety, use and access to public recreation and fish
and wildlife developments in small watershed
projects. This may include facilities for collection
and disposal of solid waste such as trash and
garbage. AH sanitary and waste disposal facilities
must comply with State and local health standards
and regulations.
Some of the practices cost-shared under the
Agricultural Conservation Program are useful to
farmers in the safe management of animal wastes.
Many vegetative cover practices and erosion
control structures can serve multiple purposes by
helping to use up such wastes when they are di-
verted to or spread on the land. Or erosion control
or water management structures may divert wastes
away from streams. Among such ACP practices are
the establishment of buffer or filter strips and
fields, terrace systems, or diversions into erosion
control or water spreading structures and areas or
into woodland.
The Department of Agriculture has requested
authority to use some Agricultural Conservation
Program funds for pollution control practices
which also have soil or water conservation benefits.
This authority was granted by P.L. 91-127. Re-
lated authority was included in P.L. 91-118.
The Department of Agriculture makes and in-
sures loans and grants to associations, including
corporations not operated for profit, and public
and quasi-public agencies to provide for the
installation or improvement of waste disposal
facilities in rural areas. These loans and grants
may include facilities for the collection, treatment,
or disposal of human, animal, and other wastes.
They may involve collection lines, treatment plants,
outfall lines, disposal fields, stabilization ponds,
storm sewers, garbage trucks and equipment,
sanitary landfills, and incinerators. Rural areas are
defined as areas which do not include any area in
any city or town which has a population in excess
of 5,500 inhabitants.
Financial assistance is also provided in the form
of loans to individuals to purchase equipment and
install facilities to properly dispose of domestic,
animal, and crop and forest residues.
The Department of Agriculture now has an on '
going program whereby grant assistance can be I
provided in amounts up to 50 percent of the de- |
velopment cost of a waste disposal system. Since
this authority was granted in 1965, more than 700
waste disposal systems requiring approximately
$125 million in loans and $40 million in grants,
have been financed by the Department of Agri-
culture. USDA also has an on going grant program
for comprehensive area planning of the develop-
ment of water ana sewer systems in rural areas.
Grants authorized by this Department can be
made up to 100 percent of the cost of water and
sewer planning.
The Department has more than 3000 county
offices throughout the United States. The em-
ployees in these offices know the community
leaders and their problems and are trained to pro-
vide assistance in developing waste disposal
facilities and coordinating their development with
the development of other facilities in the area.
With its many years of experience in working with
rural communities, and with the many Department
representatives available to help local people solve
their problems, the Department of Agriculture is
in a better position to provide technical and
financial assistance for waste disposal facilities
needed in rural areas than any other agency.
The Department's authority and responsibility
for research, education, and action programs con-
cern the countryside—the people and renewable
resources of rural America. In addition, those pro-
grams concern several aspects of urban America,
such as erosion control and drainage in new hous-
ing and industrial developments and the many types
[p. 208821
of vegetation that enhance our streets, lawns, and
parks. USDA programs vitally affect the conserva-
tion and management of the bulk of the Nation's
land, water, and related biological, recreational,
and esthetic resources.
Solid waste problems associated with or related
to agriculture and the countryside fall into three
distinct categories:
1. Those wastes originating on farms and in
rural communities.
2. Those wastes originating in urban areas but
which are disposed of in the countryside.
3. Urban and industrial wastes (derived from
agricultural raw materials) that can be recycled
ind reused.
Ultimately the greatest need for all these wastes
is the recycling and reuse of them to the fullest
ixtent possible.
The most pressing problems of concern to the
Department of Agriculture include:
1. Animal wastes;
2. Sediment, a waste in solid form when it comes
o rest;
3. Wastes from industrial processing of raw
gricultural products;
4. Urban and industrial wastes from which agri-
ultural materials may be reclaimed or used;
5. Waste disposal sites;
6. Solid wastes from rural communities;
7. Forest and crop residues;
8. Trash and garbage discarded indiscriminately
in the countryside; and
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188
LEGAL COMPILATION—SOLID WASTE
9. Unusable pesticides and containers.
USDA objectives are to prevent or minimize
production of agriculture-related wastes, and to
improve the handling, treating, storing, and dis-
posal of these wastes. We want to use, reclaim, an<
reuse as much waste material as is possible. Under-
lying the objectives is the goal of minimizing the
adverse impact of solid wastes on the environment,
and enhancing the environment wherever possible,
The U.S. Department of Agriculture has com-
petency in solution of many of these waste problems
among which are the following;
1. Handling animal wastes in such a way as to
keep them out of lakes, streams and other un-
wanted areas and to control odors and other
esthetic problems.
2. Preventing sedimentation and other erosioual
debris which creates serious waste disposal problems
in rural and urban areas alike.
3. Managing solid wastes arising from processing
of raw agricultural products.
4. Recovering and reusing agriculturally-derived
raw materials from urban and industrial wastes;
e.g., wood fiber from the more than half of such
trash that is paper.
5. Site or facility selection and development,
management and rehabilitation of landfills, lagoons
and other means of disposing of solid wastes in the
soils of the countryside. This includes soil survey,
analysis, and interpretation to determine assimi-
lative capacity of various soil types of solid wastes
without serious contamination.
6. Minimizing damage from burning or other-
wise disposing of forest and crop residues and other
organic refuse.
APPROPRIATE SOLID WASTE ROLE FOR THE
DEPARTMENT OF AGRICULTURE
USDA's appropriate role in dealing with solid
waste problems is to cooperate with and assist
State and local governments and their agencies and
institutions, quasi public agencies, cooperatives,
nonprofit associations, industry, and private
citizens by providing the following:
Results of research and development (R&D);
Extension education (Edn.);
Technical assistance (Tech. Asst.);
Financial assistance (Fin. Asst.): Cost-sharing,
Grants, and Loans; and
Criteria for developing standards (Based on R&D
and experience gained through action programs).
Further, the Department will continue to deal
with solid waste aspects of managing the Federally-
owned lands under its jurisdiction (Mgmt. Fed.
lands).
DEPARTMENT OF AGRICULTURAL SOLID WASTE
PHOGBAMS AND RESPONSIBILITIES
USDA solid waste programs relate to:
Animal wastes (R&D, Edn.f Tech. Asst., Fin.
Asst.);
Forest and crop residues (R&D, Edn., Tech.
Asst., Fin. Asst., Mgmt. Fed. Lands);
Wastes from industrial processing of raw agri-
cultural materials (R&D, Tech. Asst.);
Urban and industrial wastes produced in com-
munities under 5,500 population (Fin. Asst.);
Discarded products derived from raw agricultural
materials (R&D);
Unusable pesticides and containers (R&D);
Site or facility selection and development, man-
agement and rehabilitation from landfills, lagoons
and other means of disposing of solid wastes in the
countryside (R&D, Edn., Tech. Asst., Fin. Asst.,
Mgt. Fed. lands);
Trash, garbage, and other people wastes de-
posited in the countryside (Edn., Tech. Asst., Fin.
Asst., Mgmt. Fed. lands); and
Sediment, as a waste in solid form when it comes
to rest (R&D, Edn., Tech. Asst., Fin. Asst.,
Mgmt. Fed. Lands).
Objectives of these activities are:
Preventing or minimizing production of agri-
culture-related solid wastes;
Handling, treating, or storing agriculture-related
solid wastes or those from small communities and
the countryside;
Utilizing agriculture-related solid wastes from
all sources: a. Directly; and b. Reclamation and
reuse of agricultural raw materials.
Disposing of all kinds of solid wastes with
minimum assault upon the environment or with
the potential of enhancing it; and
Preventing or minimizing erosion from all
sources to control sediment deposition.
The problems that USDA programs address
themselves to are described briefly:
Animal Wastes.—The volume of wastes from
livestock, and poultry production is estimated at
1.7 billion tons annually. Increasingly, animals are
produced in large feedlots and other points of
concentration raising major waste handling and
disposal problems. Animal wastes are a concern in
the abatement of water, air, and soil pollution.
They may be associated with pollution of lakes,
ishkills, nitrate contamination of soil and aquifers,
off Savors, annoying odors and dusts, dissemina-
tion of infectious agents to animals and man,
depreciation of recreational values of land and
streams and reproduction of insect pests.
Forest and Crop Residues.—The annual accumu-
ation of forest and crop residues has been estimated
;o be about 575 million tons. These residues result
Tom harvesting operation and natural accumula-
tions, including pest damage and natural deteriora-
tion. Forest and crop residues can be serious
contributors to air, soil, and water pollution. They
serve as reservoirs of plant diseases, insects and
rodents, and, if burned, contribute great quantities
of smoke.
Wastes from Industrial Processing of Raw Agri~
cultural Materials.—The total load of pollutants
produced by the agricultural and forestry processing
industries of food, textiles, leather, pulp, paper,
wood products, and industrial chemicals is esti-
mated at 25 to 50 percent of the raw materials
entering the plant. Large amounts of the solid
x>rtions of these wastes are returned to the land,
often times with the land serving as a convenient
nearby sink. The effectiveness of available methods
and equipment for processing the total raw mate-
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STATUTES AND LEGISLATIVE HISTORY
189
rials and often the nature of the raw material
themselves have much to do with the value am
marketability of raw agricultural materials.
Urban and Industrial Wastes Produced in Com
mumties under 6,500 Population.—The well being
and development potential of small rural commum
ties are closely linked with the adequacy of basi
community services. Financial and other assistance
is needed for meeting the solid waste problems o
rural communities that lack adequate resources
do the full job.
Discarded Products Derived from Raw Agricultura
Materials.-—A major portion of the nation's solk
wastes are products derived from raw agricultura
materials. Recycling of these materials has grea
significance as an approach to solid waste problem
Wood fiber is a case in point.
Fifty million tons of wood fiber in the form o
waste paper products are discarded in municipa
trash each year in the United States. Eighty per
cent of this is disposed of by incineration, compost
ing or landfill resulting in a waste of a potentia
source of wood fiber, and the pollution of air
water, and land with a particular impact on poten
tial agricultural land. The Department of Agricul
ture has a vital interest ill re-using this paper to
abate pollution, enhance our economy and self
sufficiency and to conserve timber. The annua
volume of unused waste paper in the U.S. is
equivalent to 80 million cords of wood or the
annual growth of from 80 million acres of timber
land.
Unusable Pesticides and Containers.—Large con-
centrations of industrial pesticide wastes
smaller amounts of despoiled pesticides pose
extremely difficult disposal problems. Likewise,
millions of empty pesticide containers add to the
potential for polluting the environment. Decon-
tamination, destruction or other disposal of un-
usable pesticides and containers are major unsolved
problems.
Stte or Facility Selection and Development, Man-
agement and Rehabilitation of Landfills, Lagoons, and
other Means of Disposing of Solid Wastes in the
Countryside.—There are numerous examples of a
lack of adequate technical assistance for locating,
constructing, and operating solid waste disposal
systems in the countryside. Failure to take into
account inherent soil characteristics and other de-
finable environmental considerations and the lack
of comprehensive land use plans usually lead to
unsightliness and pollution, with undesirable
consequences for surrounding areas.
Trash, Garbage and Other People Wastes Deposited
in the Countryside.—-Ever growing numbers of
people are visiting the countryside—national
forests, lakes, streams and other scenic and recrea-
tional areas and facilities. These ever-increasing
activities add to solid waste accumulations. These
require organized collection and disposal efforts.
Sediment as a Waste in Solid Form When It Comes
to Rest.—Sediment is defined as solid material, both
mineral and organic, that has been moved from
site of origin by water, ice, air or gravity. When
sediment comes to rest in unwanted places, it be-
comes a solid waste. On the average 4 billion tons
of soil material are moved from place to place each
year. A major portion of it comes to rest in areas
where it is considered a harmful solid waste ma-
terial.
In quantity sediment constitutes the Nation's
greatest single solid waste material. To control it
means keeping soil in place.
STATEMENT OF NED D. BAYLEY, DIRECTOR OF
AGRICULTURE, BEFOBE THE SUBCOMMITTEE ON
AIR AND WATER POLLUTION, COMMITTEE ON
PUBLIC WORKS, UNITED STATES SENATE, ON
S, 2005, RESOURCE RECOVERY ACT OP 1969,
ON OCTOBER 1, 1969
Mr. Chairman and Members of the Committee:
Solid waste disposal and natural resource re-
covery are of vital concern to the programs and
responsibilities of the Department of Agriculture.
Thank you for this opportunity
[p. 20883]
to present the views of USDA as part of your
consideration of S. 2005 and related legislation.
Although the Department of Agriculture sup-
ports the objectives of S. 2005, we recommend that
only an extension of the present authorities in the
Solid Waste Act be enacted. Because our responsi-
bilities for nonrenewable materials are limited, we
have no comment on proposed Amendment No.
153 to S. 2005. The report of the Department of
Agriculture on S. 2005 points out that we believe
existing authorities available to USDA and other
Federal Departments generally can give appropriate
emphasis to solid waste disposal.
I would like to describe for you the ongoing
solid waste efforts of the Department of Agricul-
;ure, and briefly discuss our various waste disposal
programs.
The Department of Agriculture is the principal
federal Department with authority and responsi-
)ility for programs concerned with Rural America—
ts people and its resources. We are charged not
only with assuring a continuing supply of food and
iber to meet America's needs, but with maintaining
i healthful, viable and attractive countryside for
;he benefit of urban and rural people alike.
This mandate directly involves us in the solid
waste problem. The production, processing, trans-
iortation, and marketing of farm and forest
•roducts creates vast quantities of solid wastes.
Disposal of these wastes, and those brought to the
ountryside from urban areas, directly affects the
eauty and utility of rural areas.
There are several kinds of solid wastes and re-
ated pollutants we have to deal with.
According to our understanding of the definition
f solid wastes as set forth in the Solid Waste Act,
ae most pressing problems of concern to the De-
artment of Agriculture include:
1. Forest and crop residues;
2. Waste from industrial processing of raw
gricultural products;
3. Animal wastes;
4. Unusable pesticides and containers;
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190
LEGAL COMPILATION—SOLID WASTE
5. Solid wastes from rural communities;
6. Trash and garbage discarded in the country-
side ;
7. Urban and industrial wastes from which agri-
cultural materials may be reclaimed or used; and
8. Waste disposal sites.
Our objectives are to prevent or minimize pro-
duction of agriculture-related wastes, and to im-
prove the handling, treating, storing, and disposal
of these wastes. We want to use, reclaim, and reuse
as much waste material as is possible. Underlying
the objectives is the goal of minimizing the adverse
impact of solid wastes on the environment, and
enhancing the environment wherever possible.
We use various mechanisms in carrying out our
solid waste disposal programs. There are both
direct and cooperative programs of research, as
well as education, information, technical and
financial assistance including cost sharing. Under
our financial assistance authorities, loans and
grants have been made to local communities, non-
profit associations and others in rural areas for
solid waste handling and disposal. We also deal
directly with growing solid waste problems arising
from lands and facilities administered by the De-
partment of Agriculture—including the 187 million
acre National Forest System.
Most of our solid waste programs are described
in the appendix to our report on S. 2005. I will
highlight a few of these for you to illustrate how
we are using the various program mechanisms to
solve specific solid waste problems.
Forest and Crop Residues.—The annual accumu-
lation of forest and crop residues has been estimated
to be about 575 million tons. These residues result
from harvesting operations and natural accumula-
tions, such as pest damage and natural deteriora-
tion. Forest and crop residues can be serious
contributors to air, soil, and water pollution. They
serve as reservoirs of plant diseases, insects and
rodents.
Our research on this solid waste problem includes:
breeding of crop and tree varieties and improvement
of culture practices to minimize residues; methods
of decomposition of crop residues; more efficient
methods for disposal of logging waste; and ways to
use greater amounts of logging and wood manu-
facturing wastes.
Our action program on disposal of forest and
crop residues includes: prescribed burning of
residues in National Forests to prevent wildfire;
cost sharing conservation measures which utilize
crop residues; and education and information
activities—instruction, training, publications and
visual aids—that combine up-to-date technology
with day-to-day agricultural practices.
We are assisting victims of hurricane Camille
through the Emergency Conservation Program by
providing financial assistance up to 80 percent of
the cost for removing debris from crop and pasture
lands, orchards, and forests.
Animal Wastes.—The animal waste problem is
massive. It involves land, water, and air pollution.
Corrective technology must not only meet in-
creasingly stringent environmental quality criteria |
and assure no interference with product whole-
someness but it also must be within production
costs that the consumer is willing to pay.
Some of our cooperative USDA and State Agri-
cultural Experiment Station research is directed to
the development of needed new technology. We
are working on the disposal of wastes from swine,
poultry, beef, and dairy operations. We are in-
vestigating means by which greater use may be
made of agricultural cropland and other land
sources in the disposal of animal wastes. Other
uses of animal wastes are also being explored.
Within our overall financial assistance programs,
we have made loans and grants for animal waste
disposal systems. Our educational and technical
assistance programs involving such agencies as the
Cooperative Extension Service and the Soil Con-
servation Service have been working closely with
livestock producers and pollution control officials
to bring about ameliorization of pollution through
existing technology.
Solid Wastes From Rural Communities.—The
well-being and development potential of small
rural communities are closely linked with the
adequacy of basic community services. In planning
and developing these services for communities
lacking adequate resources to do the full job on
their own, we consider the need for financial and
other assistance to meet solid waste problems.
USDA grant assistance can be provided to com-
munities under 5,500 population in amounts up to
50 percent of the development cost of a waste
disposal system. Grants can also be made up to
100 percent of the cost of comprehensive area
planning of development of water and sewer
systems in rural areas. To dovetail Federal waste
disposal assistance programs, we joined other De-
partments in developing an effective coordination
system. This includes the use of a common, uniform
grant application form that not only simplifies
grant applications but avoids overlapping and
duplication of various agency programs.
Reclaiming Raw Materials.—Fifty million tons of
wood fiber in the form of waste paper products are
discarded in municipal trash each year in the
United States. Eighty percent of this is disposed of
by incineration, composting or landfill resulting in
a waste of a potential source of wood fiber, and
the pollution of air, water, and land with a par-
ticular impact on potential agricultural land.
The Department of Agriculture has a vital interest
in re-using this paper to abate pollution, enhance
our economy and self-sufficiency and to conserve
timber. The annual volume of unused waste paper
in the United States is equivalent to 80 million
cords of wood or the annual growth of from 80
million acres of timber land.
Our research program is developing practical
ways to recover usable wood fiber from waste
saper in municipal trash. The proposed system
consists of shredding and pulping raw unsorted
trash as it conies from the home to the collection
point. This research, in its beginning stages, is
proving workable and useful in complementary
research activities of HEW and the Bureau of
Mines. Research has also developed compre-
lensive knowledge of the physical nature and
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STATUTES AND LEGISLATIVE HISTORY
191
mechanical properties of packaging and othe
materials derived from agriculture and forestry
We also have the capabilities to study decora
posability and destructability of these materials.
I hope these few examples and the information
in our report on S, 2005 will be useful to you
Committee.
Agricultural and forestry enterprises have alway
borne the cost of disposing of wastes such a
manure and forest slash. To the extent that thes
activities are intensified or new constraints ar
involved, our Nation must have new technology
in order not to place undue burdens on production
costs and on the ultimate costs to consumers
Capital investment requirements for some pollu
tion abatement and solid waste agricultural am
forestry handling operations have necessitatec
Federal assistance programs in the past and this
need will grow in the future. Research programs
must be properly oriented and supported to mee
the resource management and recovery demands
of the future.
I believe that I have described the involvement
of the Department of Agriculture in conducting,
planning, and coordinating the Federal solic
wastes program. The Department is represented on
a Solid Wastes Committee that was recently
created by President Nixon's Environmental
Quality Council. Through the mechanisms of this
committee and other working groups, we are con-
tributing our resources and talents in the solid
wastes field to a total Federal effort directed at
this pressing environmental problem.
Mr. McCLURE. Mr. Chairman, will the
gentleman yield?
Mr. BROYHILL of North Carolina. I
yield to the gentleman from Idaho.
Mr. McCLURE. Mr. Chairman, I com-
mend the gentleman for raising the issue
which I had some reference to earlier in
calling to the attention of the House the
role which the Department of Agriculture
through the United States Forest Service
and the Forest Products Laboratory at
Madison, Wis., has been playing in the
development of techniques by which
wastes can be recycled. I have been to
the laboratory and have seen the work
they have been doing and have been told
of other experimental work which includes
automatic mechanical separation of waste
products in the ordinary run of garbage
going to the disposal site and the separa-
tion of those parts of it which are suscepti-
ble of recycling into paper.
The example the gentleman gives and
the paper he showed the House just now
is the result of that kind of very forward
[p. 20884]
looking research on the part of the Forest
Products Lab in Madison, Wis.
It strikes me that the rather advanced
technology which they have done on a
rather experimental basis at that lab-
oratory should have been recognized by
specific appropriation to the Department
of Agriculture. I am aware, as the gentle-
man from Florida stated, that there is a
general provision in this bill for coopera-
tion with other agencies by the Secretary
of HEW, but there is a certain amount of
realism necessary in respect to parochial
jealousies between Departments of the
Federal Government which may not bode
well for the rather advanced role I believe
the Department of Agriculture is capable
of playing.
Again I commend the gentleman from
North Carolina for bringing this matter to
the attention of the House. It is a very
significant contribution on his part.
Mr. WHITE. Mr. Chairman, will the
gentleman yield?
Mr. BROYHILL of North Carolina. I
am delighted to yield to the gentleman
from Texas.
Mr. WHITE. I should like to call atten-
tion to what may be an omission in the bill.
On page 6 of the report there is lan-
guage relating to communities and States
wherein there are not at least 10 applica-
tions. The language reads:
If more than 10 eligible projects are applied for,
the funds are to be distributed among at least 10
ipplicants. If grants for fewer than 10 such projects
are applied for, the Secretary may use the funds for
,hose eligible municipalities which have applied.
Then going over to page 14 of the
report of the committee, which relates to
section 208, subsection (d)(2) it says:
Of the sum granted for projects in any one State
n any fiscal year, not more than 10 per centum
hall be granted in such year for any single project
n such State; except that in the case of a State for
•hich less than 10 project applications which
icet the requirements of this section have been
ubmitted (prior to such date as the Secretary
aall prescribe) for a fiscal year, at least 10 per
entum of such sum shall be granted for each such
roject.
I believe that the committee has failed
o put in there that in such event there
re fewer than ten applications in such
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192
LEGAL COMPILATION—SOLID WASTE
a State then the amount shall be divided
among the applicants, instead of limiting
it to 10 percent. In the case of, let us say,
Nevada or Wyoming, where they do not
have many large communities, there may
be only three or four applications. If we
confine them to 10 percent, with only
three applications there would be 70 per-
cent of the funds sitting there that could
not be used in that State for the particular
period.
Mr. BROYHILL of North Carolina. I
appreciate the gentleman's contribution. I
should like to yield the floor and let the
gentleman from Florida, the gentleman
from Oklahoma and the gentleman from
West Virginia respond.
Mr. WHITE. I believe the intention is
probably set forth in the descriptive lan-
guage earlier in the report, and that the
intention is to divide it, but I believe it
needs to be in the language of the bill.
Mr. BROYHILL of North Carolina. I
thank the gentleman.
Mr. STAGGERS. Mr. Chairman, I yield
myself such time as I may consume.
In response to the gentleman from
Texas, I should like to say I thank him
for making legislative history on the bill.
This was put into the report to amplify
the provision in the bill:
If grants for fewer than 10 such projects are
applied for, the Secretary may use the funds for
those eligible municipalities which have applied.
This particular problem was referred
to in committee by the gentleman from
Illinois. I believe he used Chicago as an
example. He wanted to prevent Chicago
from taking all the funds, without other
applicants getting any. We amended the
bill and we agreed to add this language in
the report.
Mr. WHITE. The gentleman does not
feel it needs to be in the language of the
bill?
Mr. STAGGERS. No; I do not.
Mr. Chairman, I yield such time as he
may consume to the gentleman from
Florida (Mr. ROGERS).
Mr. ROGERS of Florida, Mr. Chair-
man, I thank the gentleman for yielding.
I rise in support of this legislation. I
believe Members will find that the public
in their districts feel that this is one of
the most significant pieces of legislation
this Congress will pass.
We have not yet realized in this country,
although a realization is coming about
very quickly, the significance and the
extent of the solid waste problem. We
annually throw away in this country over
3.6 billion tons of waste, and it is costing
us over $4.5 billion a year. We must have
new techniques because we are simply
running out of places and ways to handle
the waste.
The administration testified that we
can expect to double the amount of waste
thrown away in this Nation within 8 to 10
years and there will be so much that we
will not be able to build enough trucks to
cart it away. So it is a very pressing prob-
lem that lives with every family in this
Nation every day.
Now, there may be some areas in the
Nation where they do not have too much
of an air pollution problem, there may be
some places in the Nation where they do
not have too much of a water pollution
problem—there may be no water or lakes
around them—but you can be certain hi
every part of the Nation there is a problem
of solid waste disposal.
We know that if we do not dump un-
treated wastes into our waters and if we
lalt runoff, then water pollution will stop.
And we have the technology to greatly
cut back on air pollution.
But as to this point in time, we do not
lave the technology to make our garbage
disappear without leaving some unsavory
Byproduct. We still dump, burn or bury
our solid waste. And we are running out
of places to do this.
H.R. 11833 amends the Resource Re-
covery Act in order to provide financial
assistance for the contraction of solid
waste disposal facilities, to improve re-
search programs hi the realm of solid waste
disposal and recycling methods, to estab-
ish special study and demonstration
jrojects on recovery of useful energy and
materials which have been discarded as
solid waste, and to establish standards for
solid waste collection and disposal systems.
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STATUTES AND LEGISLATIVE HISTORY
193
Mr. Chairman and colleagues, it is esti
mated that more than 3.5 billion tons o
solid wastes are being thrown away in
this country every year and that the an
nual cost of handling and disposing o:
these wastes amounts of $4.5 billion. An
nually, more than 360 million tons of in-
dustrial, municipal, and commercial solic
waste are being generated and this amoun
is expected to double by 1980. It is also
estimated that within a few years, Ameri-
cans will discard each year more than 3(
million tons of paper, 4 million tons o:
plastics, 48 billion cans, and 26 billion
bottles.
During the past 30 years, solid wastes
have been deposited by mining, milling
and processing to the extent that some
7,000 square miles of land have been
covered or damaged—an area six times the
size of Rhode Island,
In the most advanced, prosperous so-
ciety man has ever known, I find it at
best ironic and at worst inexcusable that
at this point in time we are a nation
capable of aiming rockets at the moon
while we stand knee deep in garbage, sur-
rounded by polluted air and water—all
of which we have created ourselves.
We have in effect conquered the atom
and outer space, but we are still stumped
by the tin can and plastic bottle. American
ingenuity has found it financially bene-
ficial to involve itself with heavy packag-
ing of its products and commodities so
that often, the amount of material used
in the packaging takes up more space than
the product enclosed. We have dish deter-
gents for a week's use in the kitchen,
packaged in plastic containers which ap-
parently may outlive all of us unless we
develop more sophisticated methods of
disposing and recycling solid wastes.
We may be passing the age of packaging
drinks in returnable bottles which could
be reused, and now are in the phase of
throwaway bottles and flip-top cans. This
trend toward convenience packaging is
creating new problems for solid waste
disposal which has changed the overall
picture in our Nation in regards to the
effectiveness of our present law in dealing
with the problems. In every State of the
Union, garbage and solid waste is being
carted off as best as possible considering
the present form of the law, and present
methods of disposal. But, we have reached
the point where we must find a major
breakthrough in our handling of the
problem if we want to live in a clean
environment.
Most of the $4.5 billion spent annually
in our Nation goes for collecting solid
waste and transporting it to some place
where it is dumped or burned, and most
of the disposed solid waste goes to open
dumps. Ninety-four percent of these
dumps are inadequate to handle the large
volume of wastes. Since the dumps are
not always covered daily with dirt, they
contribute extensively to water pollution
of nearby streams, lakes, and rivers. Their
burning of wastes also contributes heavily
to air pollution, as does the mu-
[p. 20885]
nicipal incinerator, which usually does
not have antipollution devices, on its
smokestacks. It is estimated that 75 per-
cent of our municipal incinerators are
inadequate to handle the disposal of the
large volume of solid wastes.
If present collection and disposal meth-
ods are not improved, we will never solve
our Nation's pollution problems. We must
develop new technologies for disposing,
reclaiming, and recycling materials in
solid waste. We must also investigate the
possibility of using solid wastes as a
possible source of energy. We must also
develop new methods of product packaging
n order to reduce the amount of such
waste disposed and to facilitate the dis-
posal thereof.
Research and the development of new
technologies to handle the problems of
solid waste disposal is costly and our
>resent level of funding for these programs
is grossly inadequate to meet the needs
of the problem.
The purpose of H.R. 11833 is: First, to
ixpand and intensify the development of
new technologies for solid waste disposal;
second, to promote greater initiative on
he part of the States in assuming increas-
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194
LEGAL COMPILATION—SOLID WASTE
ing responsibilities for solid waste disposa
programs; third, to stimulate the con-
struction by States and municipalities oi
pilot facilities utilizing new and improved
waste disposal technologies, and fourth,
to conduct studies to determine economical
means of and appropriate incentives for
recovering useful materials and energy
from solid waste, reducing the amount of
such waste and facilitating the disposa-
bility of that waste through improved
production and packaging practices.
The solid waste bill now on the floor
will achieve these objectives through:
First, studies, investigations, and demon-
stration projects conducted by the Secre-
tary of Health, Education, and Welfare;
and second, by construction grants to
States and municipalities as well as inter-
state and intermunicipal agencies to con-
tribute to the financing of pilot facilities
utilizing new and improved technologies if
the construction of such facilities is part
of a State or interstate plan for solid waste
disposal and is included in any compre-
hensive plan for the particular area or
areas involved.
H.R. 11833 authorizes appropriations
for a 3-year extension of the Solid Waste
Disposal Act. Sums are authorized to be
appropriated to the Secretary of Health,
Education, and Welfare in amounts up to
$83 million for fiscal 1971, $152 million
for fiscal 1972, and $216 million for fiscal
1973. Sums are authorized to be appropri-
ated to the Secretary of the Interior in
amounts up to $17.5 million for fiscal
1971, $20 million for fiscal 1972, and $22.5
for fiscal 1973.
These sums represent drastically needed
authorization levels to effectively meet
the problems encountered by solid waste
disposal. These sums are to be used for
research, special study and demonstration
projects, interstate and intermunicipal
projects for solid waste disposal, grants
for local, State, and interstate planning,
and major construction grants to States,
municipalities, or interstate and inter-
municipal agencies to be used to build
solid waste disposal and resource recovery
facilities or to expand and improve existing
facilities.
H.R. 11833 embodies several new sec-
tions to accomplish the purposes I have
stated a few minutes ago. Section 205
would direct the Secretary of Health, Edu-
cation, and Welfare to establish special
study and demonstration projects on re-
covery of useful energy and materials, and
to report the results of these investiga-
tions to the President and the Congress.
Also new, section 207 authorizes planning
grants to State, interstate, municipal, and
intermunicipal agencies. These grants can
be made for up to two-thirds of the costs
for a project serving an area which does
not include more than one municipality
and up to three-fourths of the cost of a
project which serves an area of two or
more municipalities. An amount up to 50
percent of the cost of overseeing the im-
plementation, enforcement, and modifica-
tion of any project plan or proposal is
authorized, in this section. Grants under
this section are to be made if the Secretary
of Health, Education, and Welfare finds
that planning will not duplicate, but will
be coordinated with other related planning
activities.
Another new section is section 208 of
the act which will provide grants to any
State, municipality, or interstate or inter-
municipal agency for the construction of
projects utilizing new and improved tech-
niques of demonstrated usefulness in re-
ducing the environmental impact of solid
waste disposal, promoting the recovery of
energy or resources, or the recycling of
useful materials. Such grants to a single
municipality can be made up to 50 percent
of the estimated cost of the project as
determined by the Secretary and can be
increased by an additional 25 percent in
;he case of more than one municipality
sharing or benefiting from the project.
An additional very important new sec-
ion is section 209 which directs the Secre-
;ary of Health, Education, and Welfare,
within 18 months following enactment of
this act, to recommend to the appropriate
agencies standards for the collecting and
disposing of solid waste materials, inelud-
ng systems for private use, which are
ionsistent with health, air, and water
jollution standards and which can be
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STATUTES AND LEGISLATIVE HISTORY
195
adopted to applicable land use plans,
These standards are to be developed in
cooperation with appropriate State, inter-
state, regional, and local agencies.
If future generations of Americans are
to inherit adequate, economical supplies
of our natural resources, we must find new
methods of disposing of solid waste ma-
terials more efficiently and more safely so
that our environment will not be harmed
during the disposal process. We must also
encourage new design of material in
packaging from a disposable standpoint.
Lastly, we must realize that we are the
source of solid waste; we are the litterers
and polluters; and only we can help solve
the problems of solid waste pollution and
other forms of pollution by our attitudes
and awareness of the problem. The indi-
vidual must do what he can in an effort
to refrain from adding to the solid waste
problem. Congress at the same time, must
give the Nation a comprehensive and
effective program, and finances to support
that program, to act as a means to enable
our cities and rural areas to maintain a
clean and safe environment for us to
live in.
This bill is trying to solve that problem
in a realistic manner. I urge the support
of this measure.
Mr. HALL. Mr. Chairman, will the
gentleman yield?
Mr. ROGERS of Florida. I will be glad
to yield to the gentleman.
Mr. HALL. Mr. Chairman, I appreciate
the gentleman yielding and I appreciate
his statement.
I think that whether we call this the
Reclamation and Recycling Act or the
Resource Recovery Act or the Solid Waste
Disposal Act—or whatever we call it—we
do need to do some study and research
to determine whether we are going to burn
it up, or plow it under, or recycle it, or
use it again like the Chinese have for
hundreds of centuries, or whatnot. There
is much good about this bill, and I want
that understood before I comment further.
I think I have determined after careful
review of the hearings and the committee
report, why there are no departmental
views in the report. This is simply because
we are considering H.R. 11833 instead of
H.R. 15847 or H.R. 15848. There is much
deposition and there are many statements
about different bills all through the hear-
ings, as the gentleman himself pointed out
to me on page 2. Then it refers to what the
Surgeon General of the United States said;
however, when you turn to that, he was
not referring to solid waste disposal at all,
but referring to the Clean Air Act. Then
you turn to what the former Secretary of
Health, Education, and Welfare stated,
and he was not referring to this bill at all,
but he was referring to the bill H.R. 15847.
Now, I do not want to quibble over
words or testimony, but there is a great
deal of difference in the administration's
views which are missing in the committee
report, and there is a question about the
budget as well as the moneys that are
capable of being expended. Nowhere in
the hearings does it say that this is bud-
geted or is within the capability of either
the Department of the Interior or the
Department of Health, Education, and
Welfare to expend wisely in the first year,
second year, or whatever the authorization
of these funds. It does say that they will
continue as authorized until expended.
The committee very wisely limited in the
next 3 years the amounts that shall be
spent unless, indeed, they are excessive.
We have no testimony to the contrary
"rom any of the departments.
Could the gentleman from Florida ex-
plain whether or not there was in fact any
testimony or departmental views or
Bureau of the Budget statement at any
time about H.R. 11833 as such?
Mr. ROGERS of Florida. Well, actually
they had prepared their statement on
H.R. 15847; which Mr. Finch presented
to the committee on page 284. This
covered the whole subject. He also, of
course, talks about Other bills, but mainly
[p. 20886]
t is geared to this testimony on H.R.
15847—Solid Waste Disposal—and H.R.
15848—the Clean Air Act.
These bills were considered at the same
ime and dealt with the subject of clean
air and solid waste. We received the state-
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196
LEGAL COMPILATION—SOLID WASTE
ments on both of these bills for the con-
venience of the Department at one time.
We have covered the Department's posi-
tion in the testimony of the witnesses, and
it is extensive testimony that I think the
gentleman will find in the hearings for de-
veloping the program. Also, we asked the
Department to present how the moneys
would be spent. Now they have presented
this information to the committee, some of
which is found in the report.
So they have outlined for us how this
money would be spent, what could be
done, and it has been gone into, I feel,
very thoroughly. I think the gentleman
from Missouri will be pleased with the
legislation. It is necessary. It is a continua-
tion, I am sure the gentleman knows, of
ongoing programs.
Mr. HALL. Mr. Chairman, if the gentle-
man will yield further, I, too, have read in
detail the page cited by the gentleman,
which is directed toward H.R. 15847 and
which deals with solid waste disposal, while
H.R. 15848 deals with clean air.
Mr. ROGERS of Florida. That is ex-
actly what I said. I said the Department
presented the two statements together.
Mr. HALL. Well, then, would the gen-
tleman please outline for me the total
differences between H.R. 15847 and H.R.
11833, or tell me there is no difference?
Mr. ROGERS of Florida. Well, there are
some differences. The committee wrote the
bill it wanted. We did not accept all of the
administration's recommendations.
Mr. HALL. But the gentleman is not
willing to delineate what the differences
are, if any, inasmuch as the testimony from
the Department is all in favor of one bill
and you come out with a predated bill?
Mr. ROGERS of Florida. The Depart-
ment had no construction program in the
administration bill at all—no construction
grants—and there is in the committee bill
such grants in order to permit new tech-
niques to be developed as was explained
by the gentleman from Illinois (Mr.
SPHINGES) in his discussion of exactly
what the bill does. I would say that is the
major difference. It is, however, not the
intention of the committee that grants be
used to duplicate techniques which private
industry has already developed and oper-
ating in a reasonable and feasible manner.
Mr. HALL. Mr. Chairman, if the gentle-
man will yield further, then it does follow,
of necessity, that the committee is seeking
a comment on the later bill, H.R. 15847,
which it did not accept, but used its own
predated bill, H.R. 11833, which added
the construction and "brick and mortar"
portion on which the Departments
have not commented; is that a correct
statement?
Mr. ROGERS of Florida. I think the
gentleman will find there was a discussion
with witnesses of all this, as to what needed
to be done.
I might say for the enlightenment of
the gentleman that the Secretary himself
did not appear, unfortunately, but he did
have his Department people appear. In
my opinion the committee has gone into a
thorough discussion with all the experts
in the field.
Mr. HALL. Mr. Chairman, if the gen-
tleman will yield further, I am willing to
admit—and I am not being just the
Devil's advocate; I am simply trying to
learn, because as I said in the beginning,
I think I am in favor of this bill, but, we
do not want any more legerdemain that
will lead to a possible vote coming up here
as the result of quick action at a sparsely
attended session of the Committee of the
Whole House on the State of the Union.
I am simply trying to find out because the
Secretary himself did not testify, although
I am willing to accept Mr. Veneman's
testimony as substitute testimony on be-
lalf of the Secretary before this distin-
guished committee. However, he simply
ends up by saying he wants to reaffirm the
passage of the administration bill which
does not contain "brick and mortar," and
therefore we end up in the same position
we are in otherwise, a dubious one at best.
Mr. ROGERS of Florida. Well, that is
>asically the difference. I might say this—
;hat the committee in the bricks and
mortar section tried to stress that there
should be new techniques, and not just
the old way of going out and burning in an
open field, but to try to bring in new
technologies.
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STATUTES AND LEGISLATIVE HISTORY
197
Mr. HALL. I am familiar with some o:
the new techniques. Could the gentleman
tell us how much difference there is in
the funding of the committee bill, H.R
11833, and that on which the Secretary
testified, H.R. 15847?
Mr. ROGERS of Florida. I thought the
point had been made earlier, but I wil
restate it: The Department is open ended
and they do not have any figure, just as
much as they want, but our committee
does not operate that way.
Mr. HALL. But you do not have the
bricks and .mortar here.
Mr. ROGERS of Florida. But inasmuch
as their program is open ended in all that
they ask for, what we have done is put
in a limitation. And we do this in our
committee because, rather than coming
to the House and saying it is going to be
open ended, and whatever the Depart-
ment wants it may have, we do not be-
lieve in operating that way. And I think
the gentleman feels that we certainly
should not, and therefore the committee
put on a limitation, and we can let them
come back to us and explain what they
are doing, and whether they need to go
over the limitation, or if it is not used,
then we can reduce it at a later time.
That is the approach we try to take.
Mr. HALL. I agree with the point that
the gentleman makes that it should never
be open ended, and I am sure personally
that we should not say that the funds
should be authorized until expended.
Mr. ROGERS of Florida. I think the
gentleman is correct on that statement
also.
Mr. McCLURE. Mr. Chairman, will the
gentleman yield?
Mr. ROGERS of Florida. I yield to the
gentleman from Idaho.
Mr. McCLURE. Mr. Chairman, I thank
the gentleman for yielding, and I want to
thank the gentleman for the assurances
that were made a few moments ago with
respect to interdepartmental cooperation
that would guarantee further support
for the on-going efforts of the U.S. Forest
Service and the Forest Products Labora-
tory at Madison, Wis., and other programs
of the Department of Agriculture. I would
like to ask a few questions on another
subject. Was the committee able to con-
clude or draw any conclusion from the
testimony as to at what point in the cycle
assistance can best be given in the recovery
of scrap automobiles?
Mr. ROGERS of Florida. Yes; this was
gone into, and I think we are making
considerable progress in this regard. There
have been a number of companies that
have developed a machine that can crush
the automobiles. Some of the techniques
first strip the automobiles and then crush
them so that they can be reused by the
steel industry. This is now being done.
Also there is work going on to try to
remove copper. Some of the copper that
is used in the automobiles, which really
prevents the automobiles from being
crushed down and used right off by the
steel industry. To remove copper from
autos will reduce the cost of reclaiming
autos because the steel industry says that
too much copper in the waste material is
harmful to their process. So they are
doing research now, very active research
in trying to see if this problem can be
answered. We are making great progress
into new methods to get to the problem
of disposing of automobiles, and this bill
I think will advance this very rapidly.
Mr. McCLURE. Mr. Chairman, will
the gentleman yield further?
Mr. ROGERS of Florida. I yield further
to the gentleman from Idaho.
Mr. McCLURE. Mr. Chairman, I would
thank the gentleman for yielding me this
additional time, and then state to the
gentleman that I have spent a good deal
of time in the last several months studying
ihis problem, and the economics of scrap
recovery from used automobiles, such as
.he problem of transportation, the problem
of capital investment in the baler or
crusher, as well as the shredder, and also
;he capital investment required for the
smelting and refining process.
The Bureau of Mines has recently come
up with a new burning process that is
said to eliminate the threat of air pollu-
ion, and which would require, however,
.he capital investment that is inherent
in any such procedure. It struck me that
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198
LEGAL COMPILATION—SOLID WASTE
there are a number of critical points, one
being transportation, one being capita'
investment, and one the technology itself,
which can yield the highest degree of re-
covery with the least amount of side effects
such as air pollution. I am hopeful that
this program that is outlined in this bil
will lead to pinpointing the points at which
the Government can stimulate the eco-
nomic activities to indeed get these junk-
yards cleaned up and get the scrap
materials back into the mainstream of
industry.
Mr. ROGERS of Florida. I thank the
gentleman and I want to assure him that
it is the intent of the legislation.
[p. 20887]
Mr. McCLURE. I thank the gentleman.
Mr. STAGGERS. Mr. Chairman, I
yield to the gentleman from Texas, a
member of the committee.
Mr. PICKLE. Mr. Chairman, I rise in
support of the bill, H.R. 11833.
Mr. Chairman, this legislation today
bears the imprint and the thought of the
Interstate and Foreign Commerce Com-
mittee. Throughout the hearings and
during the executive sessions, I have been
privileged, as a member of the committee,
to work with a group of dedicated legis-
lators who can readily translate their con-
cern for the environment into legislative
action.
This bill today is one of several that
have originated within our committee.
In the last few weeks, we have enacted
legislation setting up the Joint Committee
on Environment, which I cosponsored, and
the Clean Air Act.
This Resource Recovery Act was suc-
cessfully drafted with the same intent as
the other bills. We need this bill we are
considering today. By our action, we are
amending the Solid Waste Disposal Act
so that funds will be provided for the con-
struction of solid waste disposal f acilities—
and for much needed research programs.
Through the Department of Health,
Education, and Welfare, we have the op-
portunity to use this legislation to reach
our objectives. We can set up study pro-
grams, investigations and demonstration
projects. Then, we can supplement what
we learn in these projects with the con-
struction grants to State, regional and
local governments. In this way, the
Federal Government is directly sharing
the responsibility to finance pilot projects
using our new-found technology.
Just perhaps through the machinery set
up in this bill, just perhaps we can find a
use for some of the 369 million tons of solid
waste materials. We had better, because
our waste tonnage is expected to double
by 1980.
Mr. Chairman, this legislation is tangible
proof that the Commerce Committee is
not content to talk about the problems of
our environment. Rather, we are actively
engaged in finding solutions.
Ironically, in this age of such technologi-
cal skills available through computers, too
many look at the stars and try and count
them on their fingers. To my thinking, we
have plugged in some long-needed tech-
nical help today.
Mr. BENNETT. Mr. Chairman, I rise
in support of this measure, and congratu-
late the gentleman from Florida (Mr.
ROGERS), for his leadership in this im-
portant field of disposal of solid wastes; a
problem which has long needed closer
scrutiny by our Government. The chal-
lenge is to eliminate the solid wastes, to
reuse the natural resources involved, and
to cut the costs now being experienced in
abortive procedures that are now
Deing used in this field. Hopefully all of
ihese objectives can be achieved by the
egislation before us. I was one of the
original introducers of legislation in this
ield and I sincerely hope that this per-
!ected legislation may become law.
Mr. SKUBITZ. Mr. Chairman, solid
waste disposal has emerged in the last
'ew years as a major problem both from
,he standpoint of the environment and
.he economy. Local governments are more
and more finding themselves incapable
of coping with the vastly increased volume
if solid waste. All of the known and tried
methods of handling trash are out of date
,nd inadequate. Landfills and incinerators
create as many problems as they solve.
funked automobiles, throw-away contain-
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STATUTES AND LEGISLATIVE HISTORY
199
ers, and plastic packages are substance^
which defy disintegration. Aluminum bee:
cans loom in the headlights of automobile
forever after.
The bill before us today, H.R. 11833, is
aimed at reducing the amount of solic
waste, finding new ways to handle it anc
perhaps recover useful material therefrom
To do any of these things we must firs
of all know considerably more about the
problem than we do today. The bill
therefore, provides for a comprehensive
study which will explore the means o
recovering useful materials from discardec
items. It will also include a study of better
packaging methods and ways to create
incentives for research, industries, anc
governments to handle the problems more
effectively.
As new methods emerge, demonstra-
tion projects will be carried out by the
Federal Government to take the kinks
out of them. Money will be available to
States and cities if they will make serious
efforts at planning waste disposal pro-
grams. All of these things thus far de-
scribed will not happen overnight and
there is no point in assisting or encouraging
the methods which today are not working.
As methods become available and plans
are made, grants will be available to cities
or combinations of cities to build installa-
tions using these new methods. The bill
does provide that funds for construction
grants may not be concentrated in any one
area and that not more than 15 percent of
available funds may go to any one State.
Within one State the money must be
spread around if there are several suitable
projects worthy of assistance.
The bill divides the authorizations in
two parts. The Department of the Interior
gets funds to use in the area of minerals
and fossil fuels. This amounts to $60
million over a 3-year period. The Depart-
ment of Health, Education, and Welfare
which will administer the bulk of the grant
programs I have described will be au-
thorized to request a total of $451 million
over the 3-year period.
This program like others to protect
and preserve our environment must go
forward. Unlike many such programs this
one does not deal with invisible and insidi-
ous dangers but with readily evident and
increasingly annoying junk. As a member
of the Committee on Interstate and
Foreign Commerce from which this bill
was reported I want to lend my support,
and recommend it to the House.
Mr. TIERNAN. Mr. Chairman, to date,
Americans have shown too little concern
for the preservation of the natural re-
sources that God gave us in such abun-
dance. We have polluted our air and our
water and now we are threatened with
being buried in our own solid waste. We
are in desperate need of innovative out-
looks on the problem of resource recovery
and solid waste disposal.
We have passed the time for debate
and dialog on this issue; we must now
take action to insure that technology is
put to use to reclaim and recycle usable
materials and energy from such solid
waste. Back in 1969, I introduced a bill
on solid waste very similar to H.R. 11833.
At that time there was little interest for
this type of innovative bill. Today I hope
we better understand the dimensions of
the problem.
The figures are overwhelming. It is esti-
mated that Americans, in a typical year,
throw away 48 billion cans, 26 billion
bottles, 100 million rubber tires, 30 million
tons of paper, and 4 million tons of plastic.
[n addition, more and more items are
coming in plastics which do not decompose
and cause noxious fumes when they are
aurned.
H.R. 11833 is aimed at finding the best
ways to reuse solid waste material. Try as
we might, we cannot continue indefinitely
-o burn, bury, or throw away our solid
waste material. Effective management of
jhis problem is absolutely necessary. By
recycling our solid waste products, we
might eventually live in a junkless civiliza-
ion. We buy, we use, and we throw away.
f we continue with this same process, we
will soon drown in our own trash.
I support H.R. 11833, for it attempts
o expand and intensify the development
if new technologies for solid waste disposal
,nd attempts to promote greater initiative
n the part of the States in assuming
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200
LEGAL COMPILATION—SOLID WASTE
increasing responsibilities for solid waste
disposal programs. In addition, the bili
will try to stimulate the construction by
States and municipalities of pilot facilities
utilizing new and improved waste disposal
technologies.
The time has come for us to devise new
and more effective means of resource re-
covery. This bill is a step in that direction
and can serve as the vehicle which may
save us from our own lack of foresight.
Billions of dollars in raw materials are now
being wasted. We can no longer afford this
waste. This bill will help us meet this
pressing problem. I urge my colleagues to
join with me in supporting this vital
legislation.
Mr. MINISH. Mr. Chairman, I strongly
advocate passage of the Resource Re-
covery Act before the House today.
This measure amends the Solid Waste
Disposal Act to stimulate pilot facilities
using improved waste disposal technolo-
gies, in addition to expanding technologies
appropriate for solid waste disposal and
developing incentive programs for the re-
covery and recycling of solid waste into
energy and usable matter.
Although this Nation is generating solid
waste at a rate estimated to be 360 million
tons, we are told that this amount will
double within the next decade. Moreover,
although we are spending $4.5 billion
annually to manage this waste, the sum is
inadequate to cope with the problem.
Presently, expenditures serve mainly
to provide for solid waste collection and
transportation. While open dumping is
[p. 20888]
the most prevalent method for disposing
of solid waste, studies have indicated
that 94 percent of the open dumping facili-
ties are inadequate since the waste is either
improperly covered or else creates a water
pollution problem. Incineration, the sec-
ond most frequently used method employs
municipal incinerators, 75 percent of which
are' estimated to be inadequate, or air
polluters or both.
A new approach and new technology
may prove to be the answer; it is doubtful
that more trucks or land-fill areas can
suffice for long.
The Congress recognized the need for
a concerted program in 1965 when it en-
acted the Solid Waste Disposal Act to
accompany efforts to reduce ah1 pollution.
The legislation we are considering today
would amend the 1965 legislation by
strengthening it by providing more funds
to regions of the country requiring assist-
ance, and by increasing the percentage of
Federal money for relevant projects and
construction grants. Moreover, today's
legislation calls for appropriate standards
for the development of solid waste collec-
tion and disposal systems by the Secretary
of Health, Education, and Welfare within
18 months following enactment of this
measure. Private systems would be in-
cluded. Such standards would be consist-
ent with health, air, and water pollution
standards. Additionally, the Health, Edu-
cation, and Welfare Secretary would be
authorized to recommend model codes to
implement such recommendations.
In order to contend with the growing
amount of solid waste we must not only
develop and apply new methods to collec-
tion and disposal, but must discover how
to process and recover usable energy and
materials as well. The only way to reduce
the amount of waste and unsalvageable
materials is to recover and utilize the re-
sources within solid waste. This legislation
is a step in the right direction.
It is important that we act swiftly, for
the rate of solid waste increment seems to
rise geometrically and there is no time
to lose.
Mr. NELSEN. Mr. Chairman, I sin-
cerely hope that every Member of Con-
gress has had the opportunity to read the
report which accompanies H.R. 11833, the
Resource Recovery Act of 1970, to the
House floor today.
The facts brought out in this report,
compiled by the House Interstate and
Foreign Commerce Committee on which
[ serve, point compellingly to the need
'or the type of legislation which we are
recommending. As the report indicates,
the United States is generating some 360
million tons of industrial, municipal, and
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STATUTES AND LEGISLATIVE HISTORY
201
commercial solid waste, an amount tha
is expected to double by 1980. It is costing
the Nation $4.5 billion annually in an
effort to treat this waste, primarily by
burial or burning.
Yet, alarmingly, present modes of solii
waste treatment are not adequate, am
are often inferior. Insofar as open dumpini
facilities are concerned, for example, 9<
percent are considered substandard, tend
ing to worsen air and water pollution
through ineffective burning or burial tech
niques. As to municipal incineration, 75
percent of all municipal incinerators have
been found to be inadequate due to ineffi
ciency in reducing solid wastes to ashes as
well as to resultant air pollution.
As our population grows, the presen
system of disposal for garbage, trash, anc
other solid wastes will obviously worsen
unless new techniques and technologies
can be developed. New ways must be
found to recycle and reuse those materials
such as wood, metal, and plastics, which
can be salvaged.
In order to carry out these urgent objec-
tives, the Resource Recovery Act is de-
signed to expand and intensify research
and construction of experimental pilot
programs connected with solid waste dis-
posal, and to promote greater initiative
within the 50 States in meeting solid waste
pollution problems.
There is great awareness throughout
the Nation of the need to move diligently
to clean up our polluted environment. The
measure before you today is one of the
means required to do the job with any
degree of success. As such, it is of major
importance to the American people. I am
proud of the role played in its development
by the public health and welfare sub-
committee on which I serve as ranking
minority member, and I urge your support
for its provisions.
Mr. MONAGAN. Mr. Chairman, I sup-
port H.R. 11833, the Resource Recovery-
Act of 1970. I have long been concerned
with the threat presented by the problem
of the disposal of solid wastes, and I view
with increasing alarm the danger these
pose to our environment and to our na-
tional health. Earlier in this session of
Congress I pointed out that our present
high standard of living is dependent upon
the capacity of the American people to
consume products, and the consumption
of these products necessarily generates
wastes. As our level of affluence rises, and
greater sums are spent to purchase more
and more goods, the net result is the crea-
tion of even larger amounts of trash and
garbage.
The United States generates approxi-
mately 360 million tons of solid waste
every year. Every man, woman, and child
in this country creates 5.3 pounds of gar-
bage a day, and that figure is expected to
rise to 8 pounds per day by 1980. In my
own State of Connecticut, the production
of solid waste will almost double in the
next decade, rising from 2,970,000 tons
this year to an estimated 5,573,000 tons
in 1980. In our attempts to eliminate this
avalanche of rubbish we in the United
States spend $4.5 billion per year on the
collection and disposal of waste materials;
despite this vast expenditure we only rid
ourselves of half the waste we produce,
and existing disposal methods are ex-
tremely harmful to the environment. By
burying our garbage, we have corrupted
our soil to the extent that an area almost
one and one-half times as large as my own
State of Connecticut has been rendered
near useless by garbage dumpings.
Buried garbage seeps into underground
streams, polluting our- waters as well. If
current projections are correct, it will
soon be very difficult to dump any garbage
at all, for within the next 5 to 10 years
our major cities will have completely used
up their garbage burial areas. Because the
)urning of rubbish is one of the major
causes of air pollution in the. United States
oday, incineration presents no real prac-
ical solution to the problem. Garbage is
hus finding its way into our air, our soil,
>ur streams and rivers, and by destroying
iur environment it is directly affecting our
jhysical well-being. The U.S. Public
lealth Service has established that a
irect link exists between solid waste
materials and 22 human diseases. Solid
wastes present a clear and present danger
o the Nation's health, and the immediacy
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202
LEGAL COMPILATION—SOLID WASTE
of the danger demands the development of
new techniques and methods to bring
about its elimination.
To combat the danger I have several
times urged that the Federal Government,
in conjunction with State and local govern-
ments, take positive steps toward finding
a true solution to the problem of solid
waste disposal. I have recommended that
a solid waste management program to co-
ordinate all research now being done on
that subject be established under the aegis
of the Secretary of Health, Education,
and Welfare. I have asked, too, that the
Secretary be requested to compile a na-
tional inventory of both solid waste man-
agement needs and problems of solid waste
management technology. Title III of my
H.R. 13826 provided for the establishment
of just such a coordinating effort.
I feel that H.R. 11833 is a further step
in the right direction. First of all, it con-
fronts the problem with the most effective
weapon which this Government can wield
—the use of funds. As I have often pointed
out in the past, the only true solution to
the problem of pollution is the allocation
of moneys with which new programs may
be undertaken, and new methods devised.
H.R. 11833 accomplishes both of these
objectives.
By authorizing the spending of $800
million over a 5-year period, it provides
a firm financial base upon which to con-
struct research and development programs
to tackle the problem head on. The re-
search programs proposed in the bill
encompass all three aspects of the solid
waste situation. First, in what may be
called an attempt at preventive medicine,
it authorizes studies to determine how the
enormous amount of waste produced each
year might be decreased; secondly, it pro-
vides for the examination of new tech-
niques which would improve both the
collection and the efficient and safe dis-
posal of what waste matter does exist;
finally, it sets up investigations into the
possibilities of utilizing waste materials as
a source of fuel and raw materials for
industry. Research alone is not enough,
however; programs are required to put
into effect those methods which the re-
search has brought forth. To this end, H.R.
11833 also provides for Federal grants to
States and municipalities which seek to
establish programs and projects designed
to test out new and improved techniques
of solid waste disposal. Most importantly,
too, the bill directs the Secretary of
Health, Education, and Welfare to create
uniform national standards for solid waste
collection and disposal.
[p. 20889]
The answer to the entire problem of
waste disposal lies in the ultimate reuse
of most of what is discarded today, and I
am pleased that this bill focuses on that
key point. If we are successful in devising
a system in which solid wastes are recycled
into reusable raw materials, we not only
will have met a serious threat to the
Nation's health, but at the same time we
will have done much to preserve the
natural resources of the Nation for genera-
tions to come.
In accordance, therefore, with my pre-
viously set forth position of supporting
legislation which will repair and protect
our natural environment, and which will
safeguard our health, I applaud H.R.
11833, and urge its prompt and speedy
passage.
Mr. RYAN. Mr. Chairman, it has been
estimated that in the 35-year period be-
tween 1965 and the year 2000, 10 billion
tons of~solid wastes will have been accumu-
lated. Refuse, already at a level of 100
pounds per capita daily from all sources,
will continue to increase as our population
?rows and our economy permits our
citizens to acquire even more consumer
goods.
Recognizing the seriousness of the prob-
lem, Congress in 1965 passed the Solid
Waste Disposal Act, which authorized
research, demonstration, training, and
slanning grants. However, it did not in-
clude grants for the construction of solid
waste disposal facilities.
Since 1965, public awareness about the
problem of solid wastes has vastly in-
creased. Americans are now aware of the
devastation of quality of their environ-
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STATUTES AND LEGISLATIVE HISTORY
203
merit. They have begun to realize tha
there is a total responsibility—of the Na-
tion as a whole—for the condition of our
earth; that garbage and refuse in the
streets, in the parks, in the waters, anc
elsewhere is the result of an unwillingness
to make the commitment necessary to enc
pollution.
The 1965 act was not enough. For this
reason, I introduced legislation to provide
grants for planning and also to provide
Federal financial assistance to municipal,
intermunicipal, State, and interstate
agencies for the construction of solid waste
disposal facilities. In the 91st Congress,
it is H.R. 642.
H.R. 642 recognizes the problem oi
solid waste disposal as a regional one. As
with the problem of air pollution, the
solid waste situation cannot be resolved
by one political jurisdiction exclusive of its
neighbor. With literally thousands of
municipalities growing up next to each
other, it is impossible in this day and age
to use the town next door as a trash dump.
Instead, areawide planning is necessary.
My bill assists local governments in de-
veloping solid waste disposal plans, but it
requires them to cooperate with each other
in establishing an areawide solution.
My bill aims at another problem of solid
waste disposal—the fact that too many of
our existing solid waste facilities are far
from adequate. According to the Bureau
of Solid Waste Management, today "ap-
proximately 12 percent of the residential
population receives no formalized collec-
tion services, and that another 11 percent
only partial service."
My bill provides for the Secretary of
Health, Education, and Welfare to make
grants for the construction of solid waste
disposal facilities, including the comple-
tion and improvement of existing ones.
The two most common methods of dis-
posal are dumping and incineration. Only
6 percent of the sites used for dumping can
qualify for the term "sanitary landfill"—
which means that there is a daily covering
of dirt, no open burning, and no water
pollution problems. If the rest of the
Nation's landfills were to be upgraded, it
is estimated that some $244 million of
capital funds would have to be invested
over a period of 10 years for equipment
alone.
Incinerators present a picture that is
not much brighter. Three-fourths of the
municipal incinerators are inadequate from
an air pollution standpoint or from the
point of being reducers of masses of solid
wastes.
H.R. 11833, the bill reported out of the
Committee on Interstate and Foreign
Commerce, which is before us today, is
similar to H.R. 642 in that it takes an
areawide approach and provides grants
for planning. However, the construction
grant program contemplated by the bill is
too limited.
H.R. 11833 requires that a grant shall
be made for a project "only if it utilizes
new and improved techniques of demon-
strated usefulness" for solid waste disposal,
resource recovery, or recycling.
The language of the report—Report
No. 91-1155—shows that the committee
intends to restrict the construction grant
program to pilot facilities utilizing new
and improved technologies. The report
speaks of a "highly selective grant pro-
gram" to stimulate the construction of
advanced disposal facilities—page 4. It
states that the program is not a general
grant-in-aid program but "an experimental
one designed to assist in the financing of
advanced solid waste facilities"—page 5.
While I believe the most advanced tech-
nology should be utilized, I do not believe
this should be only a pilot or experimental
program. Adequate technology is at hand
so that perfectly acceptable facilities can
je constructed for general use.
As my bill, H.R. 642 provides, there
should be a Federal gramVin-aid program
;o assist in the cost of constructing solid
waste disposal facilities, including comple-
ion and improvement of existing facilities.
The committee bill would authorize
construction grants up to 50 percent of
the cost of a project. Our local govern-
ments today are in severe financial straits.
Vlany of them are virtually unable to make
up 50 percent of such construction costs.
Rising interest rates, dwindling municipal
bond markets, and soaring construction
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204
LEGAL COMPILATION—SOLID WASTE
costs make it very difficult for municipali-
ties to come up with the needed matching
funds. For this reason, my bill provided
that the Federal Government would pay
up to 66 § percent of the construction cost.
Although our cities still would have a
difficult time making up the difference,
I think the 66f-percent approach is far
more realistic. In addition, both my bill
and the committee bill provide Federal
matching up to 75 percent if a project
serves more than one municipality.
Unfortunately, the committee bill con-
tains an unfair 15-percent restriction on
the amount of funds which may be granted
for projects in any one State. Such per-
centage limitations discriminate against
the large industrial States with the most
serious problems and should not be in-
cluded in this or any other legislation.
Lastly, my legislation authorizes ex-
penditures of $219 million more in fiscal
years 1971 and 1972 than the committee
bill—almost twice as much. Once again,
we have the problem of whether Congress
is going to back up its legislation with
needed funds.
It is essential in solving the solid waste
problem to spend the type of money that
is necessary to tackle the problem. We
must make that commitment if future
generations are not to inherit a nation of
garbage.
Mr. DON H. CLAUSEN. Mr. Chair-
man, I rise today in strong support of the
legislation now before the House, the
Resource Recovery Act of 1970.
The disposal of solid waste materials
is placing a fantastic economic burden on
local government—a burden, by the way,
that few local governmental units can
afford at this point in time.
We can and must provide the means
whereby space-age technology can be em-
ployed to relieve the tremendous burden
of solid waste disposal. Present facilities
and methods are simply ineffectual and
inadequate.
Each year, we are told, this Nation de-
velops over 360 million tons of solid waste
and we spend nearly $4J billion annually
to dispose of it. And yet, even with this
tremendous expenditure, we are still doing
an inadequate job of disposal.
We are polluting the air with the smoke
from open burning and polluting the water
by dumping in open areas and covering
with dirt.
This is obviously totally unwise, and un-
acceptable.
The majority of the funds expended
for solid waste disposal are for collection
and transportation of the waste to a
dumping or burning area. We must now
change the priorities and allocate sufficient
funds to increase the current level of
research into reclaiming and recycling of
solid waste materials.
In addition, we must provide adequate
economic incentives to make these activi-
ties attractive to private sector enterprises
who manufacture those materials that end
up as solid waste.
New and expanding technological ad-,
vances can have a tremendous effect on
the improvement of our environment for
future living. This legislation, along with
the Clean Air Act extension passed by the
House 2 weeks ago, can be the catalysts
that translate words into action proposals.
Each and every one of us have recog-
nized the vital needs to clean up our
environment, but all too often, we fail
[p. 20890]
to provide the ways and means to accom-
plish those programs we espouse.
We have before us an opportunity to
meet the commitment of assuring all
Americans safe, healthful, productive, and
aesthetically pleasing surroundings.
In the final analysis, we must, by our
action here today, renew our dedication
to creating an environment worthy of
this and future generations.
Mr. SPRINGER. Mr. Chairman, I have
no further requests for time.
Mr. STAGGERS. Mr. Chan-man, I
have no further requests for time.
The CHAIRMAN. Pursuant to the
rule, the Clerk will now read the sub-
stitute committee amendment printed hi
the reported bill as an original bill for the
purpose of amendment.
-------
STATUTES AND LEGISLATIVE HISTORY
205
The Clerk read as follows:
Be it enacted by the Senate and House of Repre
tentative* of the United States of America in Congress
assembled, That this Act may be cited as th
"Resource Recovery Act of 1970".
SEC. 2. Section 203 of the Solid Waste Disposa
Act is amended by inserting at the end thereof the
following:
"(7) The term 'municipality' means a city, town
borough, county, parish, district, or other publi'
body created by or pursuant to State law and
having jurisdiction over the disposal of solid
wastes."
SEC. 3. (a) Section 204(a) of the Solid Waste
Disposal Act is amended by striking out all that
follows "solid-waste disposal programs," in such
subsection and inserting in lieu thereof the follow-
ing: "the reduction of the amount of such waste
and unsalvageable waste materials, and the dc
velopment and application of new and improvec
methods of collecting and disposing of solid waste
and processing and of recovering usable energy
and materials from solid waste (including devices
and facilities therefor)."
(b) Section 204(d) of such Act is repealed.
SEC. 4. (a) The Solid Waste Disposal Act is
amended by striking out section 206, by redesig-
nating section 205 as 206, and by inserting after
section 204 the following new section:
"SPECIAL STUDY AND DEMONSTRATION PROJECTS
ON RECOVERY OF USEFUL ENERGY AND MATERIALS
"SEc. 205. (a) The Secretary of Health, Educa-
tion and Welfare shall carry out an investigation
and study to determine—
"(1) economical means of recovering useful
energy and materials from solid waste, recom-
mended uses of such energy and materials for
national or international welfare, and the market
impact of such recovery;
"(2) appropriate incentive programs (including
tax incentives) to assist in solving the problems of
solid waste disposal;
"(3) practicable changes in current production
and packaging practices which would reduce the
amount of solid waste; and
"(4) practicable methods of collection and con-
tainerization which will encourage efficient utiliza-
tion of facilities and contribute to more effective
programs of reduction, reuse, or disposal of wastes.
The Secretary shall from time to time, but not less
frequently than annually, report the results of
such investigation and study to the President and
the Congress.
"(b) The Secretary is also authorized to carry
out demonstration projects to test and demon-
strate methods and techniques developed pursuant
to subsection (a).
"(c) Section 204 (b) and (c) shall be applicable
to investigations, studies, and projects carried out
under this section."
(b) The Solid Waste Disposal Act is amended
by redesignating sections 207 through 210 as sec-
tions 210 through 213, respectively, and by in-
serting after section 206 (as so redesignated by
subsection (a) of this section) the following new
sections:
"GRANTS FOR STATE, INTERSTATE, AND LOCAL
PLANNING
"SEC. 207. (a) The Secretary of Health, Educa-
tion, and Welfare may from time to time, upon
such terms and conditions consistent with thia
section as he finds appropriate to carry out the
purposes of this Act, make grants to State, inter-
state, municipal, and intermunicipal agencies, and
organizations composed of public officials which
are eligible for assistance under section 701 (g) of
the Housing Act of 1954, of—
"(1) not to exceed 66f per centum of the cost in
the ease of an application with respect to an area
including only one municipality, and not to exceed
75 per centum of the cost in any other case, of—
"(A) making surveys of solid waste disposal
practices and problems within the jurisdictional
areas of such agencies and
"(B) developing solid waste disposal plans as
part of regional environmental protection systems
for such areas, including planning for the reuse, as
appropriate, of solid waste disposal areas and
studies of the effect and relationship of solid waste
disposal practices on areas adjacent to waste
disposal sites; and
"(2) not to exceed 50 per centum of the cost of
overseeing the implementation, including enforce-
ment, and modification of plans developed under
paragraph (1)(B).
"(b) Grants pursuant to this section shall be
made upon application therefor which—
"(1) designates or establishes a single agency as
the sole agency for carrying out the purposes of
this section for the area involved;
"(2) indicates the manner in which provision
will be made to assure full consideration of all
aspects of planning essential to areawide planning
for proper and effective solid waste disposal con-
sistent with the protection of the public health,
including such factors as population growth, urban
and metropolitan development, land use planning,
water pollution control, air pollution control, and
;he feasibility of regional disposal programs;
"(3) sets forth plans for expenditure of such
grant, which plans provide reasonable assurance of
carrying out the purposes of this section;
"(4) provides for submission of a final report of
.he activities of the agency in carrying out the
>urposes of this section, and for the submission of
uch other reports, in such form and containing
luch information, as the Secretary may from time
o time find necessary for carrying out the purposes
>f this section and for keeping such records and
affording such access thereto as he may find neces-
ary to assure the correctness and verification of
uch reports; and
"(5) provides for such fiscal-control and fund-
ccounting procedures as may be necessary to
ssure proper disbursement of and accounting for
unds paid to the agency under this section.
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206
LEGAL COMPILATION—SOLID WASTE
"(c) The Secretary shall make a grant under
this section only if he finds that there is satis-
factory assurance that the planning of solid waste
disposal will be coordinated, so far as practicable,
with, and not duplicative of, other related State,
interstate, regional, and local planning activities,
including those financed in part with funds pur-
suant to section 701 of the Housing Act of 1954.
"GRANTS FOB CONSTRUCTION
"SEC. 208. (a) The Secretary of Health, Educa-
tion, and Welfare is authorized to make grants
pursuant to this section to any State, municipality,
or interstate or intermunicipal agency for the
construction of solid waste disposal and resource
recovery facilities, including improvement of
existing facilities.
"(b) Any such grant—
"(1) shall be made for a project only if—
"(A) a State or interstate plan for solid waste
disposal has been adopted which applies to the
area involved, and the project is consistent with
such plan, is included in a comprehensive plan for
the area involved which is satisfactory to the
Secretary for the purposes of this Act, and is con-
sistent with any standards developed pursuant to
section 209, and
"(B) it utilizes new and improved techniques of
demonstrated usefulness in reducing the environ-
mental impact of solid waste disposal, in achieving
recovery of energy or resources, or in recycling
useful materials.;
"(2) shall be made (A) in amounts not exceeding
SO per centum of the estimated reasonable cost of
the project as determined by the Secretary in the
case of a project serving an area which includes
only one municipality and not exceeding 75 per
centum of such cost in any other case, and (B) only
if the applicant is unable to obtain such amounts
from other sources upon terms and conditions
equally favorable;
"(3) shall not be made until the applicant has
made provision satisfactory to the Secretary for
proper and efficient operation and maintenance of
the project after completion;
"(4) shall not be made unless such project is
consistent with the purposes of the Federal Water
Pollution Control Act and the Clean Air Act; and
"(5) may be made subject to such conditions
and requirements, in addition to those provided in
this section, as the Secretary may require to
properly carry out his functions pursuant to this
Act.
"(c) In determining the desirability of projects
and of approving Federal financial aid in connec-
tion therewith, consideration shall be given by the
Secretary to the public benefits to be derived by
the construction and the propriety of Federal aid
in such construction, the relation of the ultimate
cost of the project to the public interest and to the
public necessity for the project, and the use by the
applicant of comprehensive regional or metro-
politan area planning.
"(d) (1) Not more than 15 per centum of the
total of funds appropriated for any fiscal year and
available for purposes of this section shall be
granted for projects in any one State.
"(2) Of the sums granted for projects in any
one State in any fiscal year, not more than 10 per
centum shall be granted in such year for any single
project in such State; except that, in the case of a
State for which less than 10 project applications
which meet the requirements of this section have
been submitted (prior to such date as the Secretary
shall prescribe) for a fiscal year, at least 10 per
centum of such sums shall be granted for each such
project.
"(3) The Secretary shall prescribe by regulation
the manner in which this subsection shall apply to
a grant under this section for a project in an area
which includes all or part of more than one State.
"RECOMMENDED STANDARDS
"SEC. 209. (a) The Secretary of Health, Educa-
tion, and Welfare shall, in cooperation with ap-
propriate State, interstate, and regional and local
agencies, within eighteen months following the
date of enactment of the Resource Recovery Act
of 1970, recommend to appropriate agencies
standards for solid waste collection and disposal
systems (including systems for private use) which
are consistent with health, air, and water pollution
standards and can be adapted to applicable land
use plans.
"(b) In addition, the Secretary of Health, Edu-
cation, and Welfare shall, as soon as practicable,
recommend model codes, ordinances, and statutes
which are designed to implement this section and
the purposes of this Act."
SEC. 5. (a) Section 213(a) of the Solid Waste
Disposal Act (as so redesignated by
[p. 20891]
this Act) is amended by striking out "and" after
"1969," and by inserting before the period at the
end thereof the following:
", not to exceed $83,000,000 for the fiscal year
ending June 30, 1971, not to exceed $152,000,000
for the fiscal year ending June 30, 1972, and not to
exceed $216,000,000 for the fiscal year ending
June 30, 1973. The sums so appropriated shall
remain available until expended".
(b) Section 213(b) of such Act (as so redesig-
nated) is amended by striking out "and" after
"1969," and by inserting before the period at
the end thereof the following:
", not to exceed $17,500,000 for the fiscal year
ending June 30, 1971, not to exceed $20,000,000
for the fiscal year ending June 30, 1972, and not
to exceed $22,500,000 for the fiscal year ending
June 30, 1973".
(c) Section 213 of such Act (as so designated) is
further amended by adding at the end thereof the
following new subsection:
"(c) Such portion as the Secretary may deter-
mine, but not more than 1 per centum, of any
appropriation for grants, contracts, or other pay-
-------
STATUTES AND LEGISLATIVE HISTORY
207
menta under any provision of this Act for anj
fiscal year beginning after June 30, 1970, shall b
available for evaluation (directly, or by grants
or contracts) of any program authorized by thi
title."
SEC. 6. The amendments made by this Act sha
be effective for fiscal years beginning after June 30
1970.
Mr. GROSS. Mr. Chairman, I move to
strike out the last word.
Mr. Chairman, I would like to get one
thing completely clear from someone on
this committee—and that is, whether the
Bureau of the Budget approves the spend-
ing contained in this bill?
Mr. STAGGERS. Mr. Chairman, will
the gentleman yield?
Mr. GROSS. I yield to the gentleman
Mr. STAGGERS. The Bureau of the
Budget does not express themselves one
way or the other on the spending in this
bill.
All of the views that were given and all
of the testimony was generally on the ad-
ministration bill as introduced by myself
and the gentleman from Illinois (Mr.
SPRINGER).
After hearing all of the witnesses and
all of the testimony, the subcommittee
came up with a new bill which they
thought would be in the best interest of
the Nation. That was done after hearing
all of the testimony.
So the Bureau of the Budget did not
express themselves one way or another.
Mr. GROSS. Yes, and that seems per-
fectly obvious even from a casual reading
of the hearings. The Committee considered
H.R. 15847 and H.R. 15848 and then
came back to H.R. 11833 and brought
that bill to the House floor.
Mr. STAGGERS. That is what the
subcommittee did after their deliberations
and it was certainly within their rights to
do so after hearing all of the testimony
and deciding that it was the best bill
to bring to the floor, I am sure, in this
instance.
Mr. GROSS. Well, we do not know
whether events in the future will dictate
a veto of this bill, on the basis that it
exceeds the budget. We do not know what
the future holds for this legislation in the
way of acceptance at the White House.
Mr. STAGGERS. We have no indica-
tion of any such thing as a veto. We have
consulted with the administration about
the bill and I would certainly not think
there would be a veto.
Mr. GROSS. Well, pollution and en-
vironment are fast becoming sacred cows.
I would not know what to look forward
to in the future.
The CHAIRMAN. The question is on
the committee amendment in the nature
of a substitute.
The committee substitute amendment
was agreed to.
The CHAIRMAN. Under the rule, the
Committee rises.
Accordingly the Committee rose; and
the Speaker having resumed the chair,
Mr. ABERNETHY, Chairman of the Com-
mittee of the Whole House on the State
of the Union, reported that that Com-
mittee, having had under consideration
the bill (H.R. 11833) to amend the Solid
Waste Disposal Act in order to provide
financial assistance for the construction
of solid waste disposal facilities, to im-
prove research programs pursuant to such
act, and for other purposes, pursuant
to H.R. 1068, he reported the bill back to
the House with an amendment adopted by
;he Committee of the Whole.
The SPEAKER. Under the rule, the
wevious question is ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER. The question is on the
engrossment and third reading of the bill.
The bill was ordered to be engrossed
and read a third time, and was read the
.hird time.
The SPEAKER. The question is on the
passage of the bill.
The question was taken; and the
Speaker announced that the ayes appeared
o have it.
Mr. SPRINGER. Mr. Speaker, I object
X) the vote on the ground that a quorum
s not present and make the point of order
hat a quorum is not present.
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208
LEGAL COMPILATION—SOLID WASTE
The SPEAKER. Evidently a quorum is
not present.
The Doorkeeper will close the doors,
the Sergeant at Arms will notify absent
Members, and the Clerk will call the roll.
The question was taken; and there were
—yeas 339, nays 0, not voting 90, * * *.
[p. 20892]
So the bill was passed.
The result of the vote was announced
as above recorded.
The doors were opened.
A motion to reconsider was laid on the
table.
[p. 20893]
Lid (4)(b) July 31, Aug. 3: Considered and passed Senate,
amended, pp. 26696-26706, 26942
RESOURCE RECOVERY ACT OF 1970
The Senate proceeded to consider the
bill (S. 2005) to amend the Solid Waste
Disposal Act in order to provide financial
assistance for the construction of solid
waste disposal facilities, to improve re-
search programs pursuant to such act, and
for other purposes, which had been re-
ported from the Committee on Public
Works, with an amendment, to strike out
all after the enacting clause and insert:
That this Act may be cited as the "Resource
Recovery Act of 1970".
TITLE I—RESOURCE RECOVERY
SEC. 101. Section 202(b) of the Solid Waste
Disposal Act is amended to read as follows:
"(b) The purposes of this Act therefore are—
"(1) to promote the demonstration and appli-
cation of solid waste management systems which'
preserve and enhance the quality of air, water, and
land resources;
"(2) to demonstrate on an areawide systematic
basis techniques for resources recovery and the
management of solid wastes, including systems for
collection, separation, recovery and recycling of
solid wastes, and the environmentally safe disposal
of nonrecoverable residues;
"(3) to provide technical and financial assistance
to States and local governments and interstate
agencies in the planning and development of
resource recovery and solid waste disposal pro-
grams;
"(4) to promote a national research, develop-
ment, and demonstration program for improved
management techniques, more effective organiza-
tional arrangements, and new and improved
methods of solid waste collection, transport, and
disposal including studies with emphasis on con-
serving and reducing wastes by separation, re-
covery, and utilization of potential resources in
solid wastes; and
"(5) to provide for the promulgation of guide-
lines for solid waste collection, transport, separation,
recovery, and disposal systems, and for training
grants in occupations involving the design, opera-
tion, and maintenance of solid waste disposal
systems."
SEC. 102. (a) Section 203(1) of the Solid Waste
Disposal Act is amended to read as follows:
"(1) The term 'Secretary' means the Secretary
of Health, Education, and Welfare."
(b) Section 203 of the Solid Waste Disposal Act
is amended by inserting at the end thereof the
following:
"(7) The term 'municipality' means a city, town,
borough, county, parish, district, Indian tribe, or
other public body created by or pursuant to State
law and having jurisdiction over the disposal of
solid wastes.
"(8) The term 'intermunicipal agency' means an
agency established by two or more municipalities
with responsibility for planning or administration
of solid waste disposal or regional environmental
protection systems.
"(9) The term 'recovered resources' means mate-
rials or energy recovered from solid wastes.
"(10) The term 'resource recovery system*
means any solid waste management system which
improves the application of technology for collec-
tion, separation, recycling, and recovery of solid
wastes, including disposal of nonrecoverable waste
residues."
SEC. 103. (a) Section 204(a) of the Solid Waste
Disposal Act is amended to read as follows:
"SEC. 204. (a) The Secretary shall conduct, and
encourage, cooperate with, and render financial and
other assistance to appropriate public (whether
Federal, State, interstate, or local) authorities,
agencies, and institutions, private agencies and
institutions, and individuals in the conduct of, and
promote the coordination of, research, investiga-
tions, experiments, training, demonstrations, sur-
veys, and studies relating to—
"(1) the health and welfare effects of the en-
vironmental release of material present in solid
waste and methods to eliminate any adverse effects;
"(2) the operation and financing of solid waste
disposal programs;
-------
STATUTES AND LEGISLATIVE HISTOBY
209
"(3) the reduction of the amount of such wast
and unsalvageable waste materials;
"(4) 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; and
"(5) the identification of solid waste components
and potential materials and energy recoverable
from such waste components."
(b) Section 204(d) of the Solid Waste Disposa
Act is amended to read as follows:
"(d) There is hereby authorized to be appropri
ated to carry out this section, not to excee<
$31,500,000 for the fiscal year ending June 30
1971, not to exceed $40,500,000 for the fiscal year
ending June 30, 1972, not to exceed $40,000,000 for
the fiscal year ending June 30, 1973, and not to
exceed $38,500,000 for the fiscal year ending
June 30, 1974. Such sums as are appropriated shall
remain available until expended."
SEC. 104. The Solid Waste Disposal Act is
amended by redesignating sections 205 and 20f
as sections 206 and 207, respectively, and by
inserting after section 204 a new section as follows-
"LIMITATION ON GRANTS
"SEC. 205. No granfr-in-aid shall be made under
this Act to any private profitmaking organization."
SEC. 105. Section 207 of the Solid Waste Dis-
posal Act, as redesignated by the previous section
of this Act, is amended to read as follows:
"GRANTS FOB STATE, REGIONAL, AND LOCAL
PLANNING
"SEC. 207. (a) The Secretary may from time to
time, upon such terms and conditions as he finds
appropriate make grants to State, interstate,
municipal, and intermunicipal agencies, and organ-
izations composed of public officials which are
eligible for assistance under section 701 (g) of the
Housing Act of 1954, of not to exceed 66f per
centum of the cost in the case of any single State
or municipality, and not to exceed 75 per centum
of the cost in the case of an area including more
than one State or municipality (but less than an
entire State), for the purpose of (1) making surveys
of solid waste disposal practices and problems
within the jurisdictional areas of such agencies, (2)
developing and revising solid waste disposal plans
as part of regional environmental protection systems
for such areas, providing for recycling or recovery
of materials from wastes whenever possible and
including planning for the reuse of solid waste
disposal areas and studies of the effect and rela-
tionship of solid waste disposal practices on areas
adjacent to waste disposal sites, (3) developing
proposals for demonstration of resource recovery
systems to be carried out pursuant to section 208
of this Act, or (4) planning programs for its re-
moval and processing of abandoned motor vehicle
hulks.
"(b) Grants pursuant to this section shall be
made upon application therefor which—
"(1) designates or establishes a single agency
(which may be an interdepartmental agency) as
the sole agency for carrying out the purposes of
this section for the area involved:
"(2) indicates the manner in which provision
will be made to assure full consideration of all
aspects of planning essential to areawide planning
for proper and effective solid waste disposal con-
sistent with the protection of the public health and
welfare, including such factors as population
growth, urban and metropolitan development,
land use planning, water pollution control, air
pollution control, technological change, and the
feasibility of regional disposal and resource re-
covery programs;
"(3) sets forth plans and budget for expenditure
of such grant, indicating the compatibility of
budget items with the purposes of this section;
"(4) provides for submission of such reports of
the activities of the agency in carrying out the
purposes of this section, in such form and con-
taining such information, as the Secretary may
from tune to time find necessary for carrying out
the purposes of this section and for keeping such
records and affording such access thereto as he
may find necessary to assure the substantial ac-
curacy of such reports; and
"(5) provides for such fiscal-control and fund-
accounting procedures as may be necessary to
assure proper disbursement of and accounting for
funds paid to the agency under this section.
"(c) The Secretary shall make a grant under
this section only if he finds that there is satis-
factory assurance that so far as practicable, the
planning of solid waste disposal will be coordinated
with and not duplicate other related State, niter-
state, regional, and local planning activities, in-
cluding those financed in part with funds pursuant
to section 701 of the Housing Act of 1954."
SEC. 106. The Solid Waste Disposal Act is
further amended by redesignating the last four
sections in such Act as sections 213 through 216,
respectively, and by inserting after section 207,
as redesignated by this Act, the following new
sections:
"DEMONSTRATION OF RESOURCE RECOVERY
SYSTEMS
"SEC. 208. (a) The Secretary is authorized to
make grants pursuant to this section to any State,
municipal, or interstate or intermunicipal agency
or the demonstration of resource recovery systems
[including the improvement of existing systems).
"(b) Any such grant shall be made only if it (1)
is consistent with any plans for resource recovery
ystems developed in accordance with the require-
ments of section 207(b)(2) of this Act; (2) is con-
istent with any guidelines developed pursuant to
ection
[p. 26696]
09 of this Act; (3) is designed to provide areawide
esource recovery systems consistent with the pur-
poses of this Act, as determined by the Secretary,
ursuant to regulations promulgated under sub-
section (c) of this section; and (4) provides an
equitable system for distributing the costs assooi-
ted with construction, operation, and maintenance
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210
LEGAL COMPILATION—SOLID WASTE
of any resource recovery system among the users oj
such system.
"(c) The Secretary, within ninety days after the
effective date of this section, shall promulgate
regulations establishing a procedure for awarding
resource recovery system demonstration grants,
which—
"(1) provides that projects will be carried out
in communities of varying sizes, under such con-
ditions and in such localities as will assist in solving
the community waste problems of urban-industrial
centers, metropolitan regions and rural areas, under
representative geographic and environmental con-
ditions; and
"(2) provides a timetable for submission of plans
and grant requests, and a timetable for approval
of such plans and awarding of such grants.
"(d) In determining the eligibility of demon-
stration systems for grants under this section,
consideration shall be given by the Secretary to
(1) the public benefits to be derived by the con-
struction and the propriety of Federal aid in such
construction; (2) the economic and commercial
viability of the project including contractural ar-
rangements with the private sector to market any
resources recovered; and (3) the potential of such
project for general application to community solid
waste disposal problems.
"(e) No grant for any demonstration system
under this section shall exceed 75 per centum of
the estimated total design, construction, and first-
year operation and maintenance costs. No as-
sistance under this section may be provided for
operating or maintenance costs after the first
year, nor shall any assistance be provided for land
acquisition. 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 Secretary.
"(f) There is hereby authorized to be ap-
propriated to carry out this section, not to exceed
$20,000,000 for the fiscal year ending June 30,
1971, not to exceed $30,000,000 for the fiscal year
ending June 30, 1972, not to exceed $50,000,000
for the fiscal year ending June 30, 1973, and not
to exceed $55,000,000 for the fiscal year ending
June 30, 1974. Such sums as are appropriated shall
remain available until expended.
"RECOMMENDED GUIDELINES
"SEC. 209. (a) The Secretary shall, in coopera-
tion with appropriate State, Federal, interstate,
regional, and local agencies, allowing for public
comment by other interested parties, as soon as
practicable after enactment of this section, recom-
mend to appropriate agencies and publish in the
Federal Register guidelines for solid waste re-
covery, collection, separation, and disposal systems
(including systems for private use), which shall be
consistent with public health and welfare, and air
and water quality standards and adaptable to
appropriate land-use plans. Such guidelines shall
apply to such systems whether on land or water
and shall be revised from time to time.
"(b) The Secretary shall, as soon as practicable.
recommend model codes, ordinances, and statutes
which are designed to implement this section and
the purposes of this Act.
"(c) (1) The Secretary shall issue to appro-
priate Federal, interstate, regional, and local
agencies information on technically feasible solid
waste collection, separation, disposal, recycling,
and recovery methods, including data on the cost
of construction, operation, and maintenance of
such methods.
"(2) In disseminating such information, the
Secretary shall employ models and visual demon-
strations which can be transported to communities
where such demonstrations would be a useful
addition to ordinary sources of technological in-
formation, and provide funds to representatives of
public and private solid waste disposal agencies or
corporations for useful on-site review of solid waste
disposal and resource recovery facilities and
methods.
"TRAINING GRANTS
"SEC. 210. (a) The Secretary is authorized to
make grants to, and contracts with State and
interstate agencies, municipalities, educational
institutions, and to any other organization which is
capable of effectively carrying out a project which
may be funded by grant under subsection (b) of
this section.
"(b) (1) Subject to the provisions of paragraph
(2), grants may be made to pay all or a part of
the costs, as may be determined by the Secretary,
of any project operated or to be operated by an
eligible institution or organization, which is
designed—
"(A) to develop, expand, or carry out a program
of training persons for occupations involving the
management, supervision, design, operation, or
maintenance of solid waste disposal and resource
recovery equipment and facilities;
"(B) to train persons, including teachers, adult
basic education personnel, and supervisory per-
sonnel, to train or supervise persons hi occupations
involving the design, operation, and maintenance
of solid waste • disposal and resource recovery
equipment and facilities; or
"(C) to carry out occupational training projects
which involve a combination of training, education,
and employment in the design, operation, and
maintenance of resource recovery systems.
"(2) A grant or control authorized by paragraph
(1) of this subsection may be made only upon
application to the Secretary at such time or times
and containing such information as he may pre-
scribe, except that no such application shall be
approved unless it—
"(A) provides such fiscal control and fund ac-
counting procedures as may be necessary to assure
proper disbursement of and accounting for Federal
'unds paid to the applicant under this section, and
provides for making available to the Secretary or
ais designate, for purposes of audit and examina-
tion, such books, documents, papers, and records
as relate to any funds received under this section;
"(B) provides for making such reports, in such
:orm and containing such information, as the
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STATUTES AND LEGISLATIVE HISTORY
211
Secretary may require to carry out his Tunctioj
under this section, for keeping such records, an
for affording such access thereto as the Secretai
may find necessary to assure the correctness an
verification of such reports; and
"(C) provides for (i) a periodic examination o
the effectiveness with which the goals set forth r
the application are being met while the project L.
in operation; (ii) the conducting of such examina
tion by an organization not affiliated with th
institution or organization whose project is beini
examined; and (iii) furnishing a report of the re-
sults of such examination to the Secretary within
thirty days after such examination is completed.
"(c) The Secretary shall—
"(1) encourage business with operations o
products in the solid waste disposal and resourc
recovery field to participate in and cooperate
with occupational training programs establishes
with the assistance of grants or contracts made
under subsection (b)(l)(C) of this section; and
"(2) disseminates information which relates to
teaching and training methods, materials, an<
curriculums developed by projects assisted under
subsection (b) of this section.
"(d) The Secretary shall make a complete in-
vestigation and study to determine—
"(1) the need for additional trained State anc
local personnel to carry out plans assisted under
this Act and other solid waste and resource re-
covery programs;
"(2) means of using existing training programs
to train such personnel; and
"(3) the extent and nature of obstacles to em-
ployment and occupational advancement in the
solid waste disposal and resource recovery fielc
which may limit either available manpower or the
advancement of personnel in such field.
He shall report the results of such investigation
and study, including his recommendations to the
President and the Congress not later than one
year after enactment of this Act.
"COOPERATION BY ALL FEDERAL AGENCIES IN THE
CONTROL OF SOLID WASTE POLLUTION
"SEC. 211. (a) Each Federal agency having
jurisdiction over any real property, facility or
activity of any kind, shall insure compliance with
guidelines developed under section 209 and the
purposes of this Act in the administration of such
property, facility, or activity.
"(b) Each Federal agency which leases any
Federal property or facility of any kind or which
contracts for the operation of any Federal property
or facility or which contracts for the entire opera-
tion of any other facility, or which permits or
licenses the use of any Federal property shall insure
compliance with guidelines developed under section
209 and the purposes of this Act in the administra-
tion of such lease, contract, license, or permit.
"(c) Each Federal agency which issues any
license or permit for disposal of solid waste, shall
prior to the issuance of such license or permit con-
sult with the Secretary to insure compliance with
guidelines developed under section 209 and the
purposes of this Act.
"NATIONAL DISPOSAL SITES STUDY
"SEC. 212. The Secretary shall submit to the
Congress no later than two years after the effective
date of this section, a comprehensive report and
plan for the creation of a system of national dis-
posal sites for the storage and disposal of hazardous
wastes, including radioactive, toxic chemical, bio-
logical, and other wastes which may endanger
public health or welfare. Such report shall include:
(a) a list of materials which should be subject to
disposal in any such site; (b) current methods of
disposal of such materials; (c) recommended
methods of reduction, neutralization, recovery, or
disposal of such materials; (d) an inventory of
possible sites, including existing land or water dis-
posal sites operated or licensed by Federal agencies;
(e) an estimate of the cost of developing and main-
taining sites including consideration of means for
distributing the short- and long-term costs of
operating such sites among the users thereof; and
(f) such other information as may be appropriate."
SEC. 107. Section 216 of the Solid Waste Dis-
posal Act, as redesignated by this Act, is amended
to read as follows:
"APPROPRIATIONS
"SEC. 216. (a) There is authorized to be ap-
propriated for carrying out the provisions of this
Act, other than those for which specific authoriza-
tions are made, such sums as may be necessary for
the period ending June 30, 1974.
"(b) Such portion as the Secretary may deter-
mine, but not more than 1 per centum, or any
tppropriation for grants, contracts,
[p. 26697]
or other payments under any provision of this Act
ior any fiscal year beginning after June 30, 1970,
shall be available for evaluation (directly, or by
grants, or contracts) of any program authorized
>y this title."
SEC. 108. The amendments made by this title
shall be effective for fiscal years beginning after
June 30, 1970.
TITLE II—NATIONAL MATERIALS POLICY
SEC. 201. This title may be cited as the "Na-
tional Materials Policy Act of 1970".
DECLARATION OF PURPOSE
SEC. 202. It is the purpose of this title to en-
lance environmental quality and conserve mate-
ials by developing a national materials policy to
tilize present resources and technology more
fficiently, to anticipate the future materials re-
uirements of the Nation and the world, and to
make recommendations on the supply, use, re-
overy, and disposal of materials.
ESTABLISHMENT OF COMMISSION
SEC. 203. (a) There is hereby created the
'ational Commission on Materials Policy (here-
fter referred to as the "Commission") which
be composed of seven members chosen from
overnment service and the private sector for
leir outstanding qualifications and demonstrated
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212
LEGAL COMPILATION—SOLID WASTE
competence with regard to matters related to
materials policy, to be appointed by the President
with the advice and consent of the Senate, one of
whom shall be designated as Chairman.
(b) The members of the Commission shall serve
without compensation, but shall be reimbursed for
travel, subsistence, and other necessary expenses
incurred by them in carrying out the duties of the
Commission.
DUTIES OF THE COMMISSION
SEC. 204. (a) The Commission shall make a full
and complete investigation and study for the
purpose of developing a national materials policy
which shall include, without being limited to, a
determination of—
(1) national and international materials require-
ments, priorities, and objectives, both current and
future, including economic projections;
(2) the relationship of materials policy to (a)
national and international population size and
(b) the enhancement of environmental quality;
(3) recommended means for the extraction, de-
velopment, and use of materials which are sus-
ceptible to recycling, reuse, or self-destruction, in
order to enhance environmental quality and
conserve materials;
(4) means of exploiting existing scientific knowl-
edge in the supply, use, recovery, and disposal of
materials and encouraging further research and
education in this field;
(5) means to enhance coordination and coopera-
tion among Federal departments and agencies in
materials usage so that such usage might best
serve the national materials policy; and
(6) the feasibility and desirability of establishing
computer inventories of national and international
materials requirements, supplies, and alternatives.
(b) In order to carry out the purposes of this
title, the Commission is authorized—
(1) to request the cooperation and assistance of
such other Federal departments and agencies as
may be appropriate;
(2) to appoint and fix the compensation of such
staff personnel as may be necessary, without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive service,
and without regard to the provisions of chapter 51
and subchapter III of such title relating to classifi-
cation and General Schedule pay rates; and
(3) to obtain the services of experts and con-
sultants, in accordance with the provisions of
section 3109 of title 5, United States Code, at
rates for individuals not to exceed $100 per diem.
(c) The Commission shall submit to the Presi-
dent and to the Congress a report with respect to
its findings and recommendations no later than
June 30, 1973, and shall terminate not later than
ninety days after submission of such report.
(d) Upon request by the Commission, each
Federal department and agency is authorized and
directed to furnish, to the greatest extent prac-
ticable, such information and assistance as the
Commission may request.
SEC. 205. When used in this title, the term
"materials" means natural resources intended to
be utilized by industry for the production of goods,
with the exclusion of food.
AUTHORIZATION OF APPROPRIATIONS
SEC. 206. There is hereby authorized to be
appropriated the sum of $2,000,000 to carry out
the provisions of this title.
TITLE III—RESOURCE RECOVERY
INVESTIGATIONS
SEC. 301. (a) The Secretary of Health, Educa-
tion, and Welfare shall as soon as practicable carry
out an investigation and study to determine—
(1) means of recovering materials and energy
from solid waste, recommended uses of such
materials and energy for national or international
welfare, including identification of potential
markets for such recovered resources, and the
impact of distribution of such resources on existing
markets;
(2) changes in current product characteristics
and production and packaging practices which
would reduce the amount of solid waste;
(3) methods of collection, separation, and
containerization which will encourage efficient
utilization of facilities and contribute 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 and disincentives
(including Federal grants, loans, and other as-
sistance) to accelerate the reclamation 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 disin-
centives, upon the recycling and reuse of materials,
and the likely effect of the modification or elimina-
tion of such incentives and disincentives upon the
reuse, recycling, and conservation of such mate-
rials; and
(7) the necessity and method of imposing dis-
posal charges on packaging, containers, vehicles,
and other manufactured goods, which charges
would reflect the cost of final disposal, the value
of recoverable components of the item, and any
social costs associated with nonrecyeling or un-
controlled disposal of such items.
The Secretary shall report the results of such
investigation and study to the President and the
longress no later than two years after the enact-
ment of this Act.
(b) There is hereby authorized to be appropriated
to carry out this section, not to exceed $2,000,000
ior the period ending June 30, 1972.
TRIBUTE TO BENATOB MDBKIE AND SENATOR
EANDOLPH FOR RESOURCE RECOVERY ACT OF 1970
Mr. MANSFIELD. Mr. President, as
the Senate considers this highly important
measure it should have the benefit of the
thoughts and remarks of the two Members
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STATUTES AND LEGISLATIVE HISTORY
213
of this body who have provided the out-
standing leadership that has been vita
to this aspect of our environmental cam-
paign. I refer, of course, to Senators ED
MUSKIE of Maine and JENNINGS RAN-
DOLPH of West Virginia.
By necessity, both Senators are occupied
on business away from the Chamber this
morning. They have prepared statements,
however, which address every feature oi
the Resource Recovery Act with great
depth and understanding. In summing il
up, I note that Senator MUSKIE says:
The intent of this bill is to stimulate the develop-
ment of resource recovery methods which wil
provide for the more economic use of wastes.
That is truly a worthy goal, and, it
must be said, that when achieved—when
we solve the problems created by residue,
by unusable byproducts, by litter and by
all the useless materials that clutter our
lives—it will have been because of the
efforts of men like ED MTTSKIE and JEN-
NINGS RANDOLPH. The Senate is deeply
grateful.
I ask unanimous consent, Mr. President,
that these excellent statements of Senator
MUSKIE and Senator RANDOLPH on this
measure, along with certain attachments
be printed at this point in the RECOKD.
There being no objection, the material
was ordered to be printed in the RECORD,
as follows:
STATEMENT BY SENATOB EDMUND S. MUSKIE,
CHAIKMAN, SUBCOMMITTEE ON AIE AND WATEB
POLLUTION
Mr. MUSKIE. Mr. President, today the Senate
considers the Resource Recovery Act of 1970,
S. 2005. This bill marks a major new Federal
commitment to recycling of materials and energy
as an alternative to the wasteful and often en-
vironmentally damaging solid waste disposal
practices of the past.
Solid waste is the residue of production and
consumption—a by-product of air and water
pollution control—the Utter that people promiscu-
ously discard on the countryside—the "unusable"
over-burden of mining operations and the inedible
remainder of agricultural production.
Solid waste falls into two categories: (1) planned
disposal materials which are part of the Nation's
production and consumption patterns, and (2)
resources which have no known or economic use.
In both instances solid waste is almost always a
resource which, with ingenuity, can be used and
re-used.
This Nation has always enjoyed resource abun-
dance and has acted as though that abundance
would last forever. Studies prepared for the Senate
Committee on Public Works, testimony before the
Subcommittee on Air and Water Pollution, and
information generally available suggest that
anticipation of continued resource abundance is
not only unwise—it is folly.
Our resources fall in three categories—renewable,
nonrenewable, and recoverable. Many, including
forest and agricultural resources, and renewable
resources. Nonrenewable (energy) resources pro-
duce only small amounts of solid waste while
contributing substantially to air and water pollu-
tion problems if uncontrolled. Recoverable re-
sources are those which maintain useful physical
or chemical properties throughout their process of
use and therefore can be continuously recycled in
the production-consumption process.
And the nation has no choice. Consumption in-
creases at a greater rate than population growth.
Exhaustion of the Nation's resource base is a very
real possibility. Already some industries see re-
cycled waste as a more economic source of materials
than primary sources.
But this recognition has neither reversed the
trend toward greater waste generation nor reduced
the burden on communities
[p. 26698]
and other units of government which have as-
sumed, albeit unwillingly, in the same cases, the
task of waste disposal.
Community waste disposal has, for centuries,
been solved by a simple method—combustion.
Open burning dumps in less urban areas and huge
incinerators in major communities have provided
major sources of stench and air pollution.
Today few communities are allowed the luxury
of simple waste combustion. Most areas of the
nation have turned to sanitary landfills (most of
which are not at all sanitary) and "clean" in-
cinerators (many of which are not at all clean).
In both cases a solid waste problem is solved, but
often air and water pollution problems result, and
resources are always wasted.
This legislation is designed to develop systems
which will change the present method of dealing
with solid waste problems of communities, of
arms, and of industries. The intent of this bill is
x> stimulate the development of resource recovery
methods which will provide for more economic use
of wastes.
The bill would authorize intensified research and
demonstration of methods to improve collection
and transportation of wastes, and development of
invironmentally safe methods to dispose of non-
reusable waste residues. In those cases where
rastes are too toxic for traditional disposal meth-
ods, the bill would authorize a study of the de-
velopment of national toxic waste disposal sites.
And, for those wastes which can be converted to
nergy, the bill would authorize development of
iffieiency energy conversion unite.
The Committee carefully evaluated the de-
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214
LEGAL COMPILATION—SOLID WASTE
sirability of legislation to provide direct financial
assistance to communities to construct solid waste
disposal facilities. This / provision, included in
S. 2005 as originally introduced, was rejected for
three reasons: (1) construction grants at this time
could lock in existing conventional technology,
(2) even clean incinerators and sanitary landfills
would not conserve resources, and (3) a large
Federal grant authorization program at this time
might retard present community efforts unless
appropriations kept pace with authorizations, which
is not likely.
As the reported bill clearly reflects, there is an
urgent need to redirect the thrust of waste man-
agement from disposal to the maximum recovery
of reusable materials and energy. The authorization
of a construction grant program at this time could
result in a massive commitment to presently avail-
able technology oriented towards disposal. To
avoid stimulating investment in inadequate
technology the Committee has substituted a
systems demonstration provision for the proposed
construction grant provision.
Consistent with the judgment that the Nation
cannot afford merely to dispose of the tremendous
volume of material that is generated by an in-
dustrial and consuming society, especially in urban
concentrations, and recognizing further that a
great deal of research has been done on resources
recovery, the Committee bas substituted for the
construction grant proposal a new program of
grants to municipalities to achieve demonstration
of resources recovery systems on an areawide basis.
This program is designed to stimulate, in the
shortest time, the development of systems de-
signed to manage growing volumes of community
wastes and achieve maximum recovery of mate-
rials and energy from such wastes.
Throughout the hearings on resources recovery,
testimony was received describing various tech-
nologies and systems to achieve resources recovery.
The> Committee believes it is urgent national
policy to move these proposals into actual appli-
cation and operation in as many different areas,
from large metropolitan complexes to smaller
communities, as necessary to demonstrate de-
monstrative innovation and responsive resources
recovery systems. Such systems can then be
applied, as appropriate, to all areas of the country
in which similar problems exist.
The program would provide 75 percent Federal
assistance to develop and construct advanced
systems of resources recovery in various categories
of communities established by the Secretary in
order to demonstrate systems applicable in different
urban and rural conditions.
It is the Committee's intent that the program
authorized shall be one which will, in many re-
spects, parallel the type of research and develop-
ment procurement conducted by the Department
of Defense and the National Aeronautics and
Space Administration in the sense that the Secre-
tary is authorized to promulgate regulations
describing the categories of systems for which
applications will be received, specifying that such
applications are to be received by a certain date
and further establishing guidelines for review of
such applications.
Grants are to be awarded only to those applica-
tions which the Secretary finds to be clearly
superior with respect to the system of resource
recovery proposed, the economics of the system,
and the potential for-general application for solu-
tion of the myriad of waste problems. It should be
emphasized that the selection procedure thereby
established is not competition based strictly upon
low cost, but rather is competition to stimulate
innovative systems, which recover the maximum
amount of materials and energy.
The Committee looks upon the proposed demon-
stration grant program as a method of stimulating
not just the development of technology, and its
areawide application, but it will also cause com-
munities to study their own circumstances with
respect to waste management. Through such
studies, communities will be able to provide better
public service to their citizens in the future and be
hi a position to apply systems that are developed
pursuant to these demonstration grants, as they
become available. The Committee hopes that
communities will take immediate advantage of
this program, and seeks to encourage that result
by Section 207(a)(3) of the reported bill, which
would authorize Federal assistance to develop
proposals for resource recovery demonstration
grants for submission to the Secretary.
The Committee believes that future Federal
financial assistance to communities for construc-
tion of facilities may be necessary. Demonstration
systems developed pursuant to this act will pro-
vide guidance as to what kinds of construction
should be assisted, what recovery techniques will
be most economical, and what collection innova-
tions will most effectively reduce the cost of waste
handling.
Further, other studies authorized by this bill
will provide insights into methods to reduce the
production of waste in packaging in manufacturing
of goods, design of vehicles and other consumer
goods which are discarded after use.
This provision, in Title III of the bill would re-
quire a study of recommended incentives and
disincentives (including grant programs) to ac-
celerate recycling, with special emphasis in motor
vehicle hulks, and on examination of the necessity
and method of imposing disposal charges on ve-
hicles, as well as on packaging, containers, and
other manufactured goods. The latter concept,
proposed by Senator Nelson, would require the
imposition of disposal charges on products re-
flecting the cost of final disposal, the value of
recoverable components of the item, and any
social costs associated with noncycling or uncon-
trolled disposal of such goods.
Senator Nelson's proposal, as well as Senator
Javits' amendment which would have imposed a
fee on motor vehicles sufficient to cover the cost of
disposal of vehicle hulks, were of great interest to
the Committee. However, both the Nelson and
Javits legislation would require consideration by the
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STATUTES AND LEGISLATIVE HISTORY
215
Senate Committees on Finance and Commerc
prior to enactment. It was the conclusion of th
Committee that these two proposals should b
referred to these Committees for comment am
later action. This action of the Committee o;
Public Works should not be interpreted as rejec
tion of the concepts included in S. 3665 and amenc
ment 705. Evidence presented at the hearing
suggests that some products will require disposa
charges in order to assure orderly marketing an
recovery. Identification of the specific amount o
any charge and the manner in which it might b
levied is, however, beyond the jurisdiction of th
Senate Committee on Public Works.
The study required by this section shoul<
include a discussion of the above question in
order that the appropriate congressional com
mittees can carry out their responsibilities.
Also, the study of disposal charges and othe:
incentives to accelerate recycling of motor vehicles
and other products should include careful examina
tion of the system recommended by Leonard W
Wegman which would require the imposition of a
flat fee on all waste produced, with the revenue to
be used to finance waste disposal and recovery
facilities. This is a concept which might subse-
quently be demonstrated under section 204 of the
Solid Waste Disposal Act.
Legislation offered by Senator Gurney in Com-
mittee to establish a program of financial assistance
to dispose of motor vehicles was not included in
this bill because little evidence was available in
the hearing record to substantiate the need for
direct grants to the States to dispose of abandoned
cars. Approximately 1 million motor vehicles are
abandoned each year, amounting to 1 to 2 million
tons of waste. Since urban waste amounts to
approximately 180 million tons annually, aban-
doned motor vehicles comprise only 0.6 to I.I
percent of the Nation's urban solid waste problem.
The Committee was concerned that the Federal
costs of a grant program would be borne by the
general taxpayers, without transferring the costs
of disposal to the vehicle owners who are re-
sponsible for creating this form of waste.
The Committee on Public Works sees merit in
the proposals by Senators Javits and Gurney on
solutions to the growing problem of abandoned
motor vehicle hulks. Therefore, in order to more
fully explore this particular aspect of solid waste,
the Subcommittee will hold hearings, August 18
and 19 on Senator Javits' and Senator Gurney's
legislation.
At these hearings, the Subcommittee will invite
the views of the Administration, the Council of
State Governments, the Automobile Manufac-
turers' Association, and the Institute of Scrap
Iron and Steel, as well as other interested parties.
This will allow the Subcommittee to examine in
greater detail the questions raised above.
A study under title III of the bill, proposed by
Senator Eagleton will examine the interrelation-
ship between efforts to encourage recycling and a
broad range of public policies, including subsidies,
percentage depletion allowances, capital gains
treatment, and other inducements to the exploita-
tion of raw materials. The study will indicate how
such policies might be altered to encourage, rather
than discourage, the recycling of materials and
recovery of energy.
This bill expands the planning grant programs
presently contained in the Solid Waste Disposal
Act, including an eligible recipients municipalities,
intermunicipal agencies, and metropolitan councils
of governments. Also it increases the Federal share
from 50 percent to 66 f percent for single State or
[p. 26699]
municipality planning units and 75 percent for
multi-jurisdictional interstate or intermunicipal
planning areas.
New planning activities are embraced in this
bill: developing proposals for demonstration re-
source recovery systems to be funded under this
Act, and planning programs for the removal and
processing of abandoned motor vehicle hulks.
The bill contains an amended form of the train-
ing grant program proposed by Senator Javits in
Amendment Number 652. This provides grants for
training personnel in the design, operation, and
maintenance or resource recovery and solid waste
disposal facilities. It also authorizes a study of the
need for additional trained personnel and obstacles
to employment or occupational advancement in
the solid waste field.
Title II of the bill is the National Materials
Policy Act, which Senator Boggs proposed in
Amendment Number 153. This title creates a
National Commission on Materials Policy, which
would report within two years on future materials
requirements and means for the extraction, de-
velopment and use of materials susceptible to
recycling or nonpolluting disposal.
S. 2005, as reported, would authorize $309.5
million over four years in specific program author-
zations and such additional sums as may be
necessary for administrative expenses and the
other programs in the Act, This open-ended
authorization ia estimated to require about $114
million total over the four fiscal years.
Of the $309.5 million in specified authorizations,
>2 million is authorized for the National Commis-
ion on Materials Policy under title II and $2
million for the two year resource recovery investi-
gations carried out under title III.
Out of the balance, demonstration grants for
esource recovery systems would receive $20 million
n fiscal year 1971, $30 million in fiscal year 1972,
50 million in fiscal year 1973, and $55 million in
^scal year 1974, for a total of $155 million.
The research program under the Act, expanded
o emphasize recycling, would receive 831.5 million
in fiscal year 1971, $40.5 million in fiscal year 1972,
40 million in fiscal year 1973, and $38.5 million in
iscal year 1974, for a total of $150.5 million.
This compares to an authorization in existing
.w of $32 million for fiscal year 1970, primarily for
esearch, planning grants, and administrative ex-
enses. The House-passed bill, H.R. 11833, author-
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216
LEGAL COMPILATION—SOLID WASTE
S. 2005 AUTHORIZATIONS
[In millions]
Program
1971
Fiscal year
1972
1973
1974
Total
Sec. 204: (Research pilot programs, component demonstrations). 31.5 40.5 40.0 38.5 150.5
Sec. 208: (Resource recovery system demonstrations) 20.0 30.0 50.0 55.0 155.0
Title I total 51.5 70.5 90.0
Title II: (National Commission on Materials Policy) 2.0
Title III: (Resource recovery investigations). 2.0
93.5
305.5
2.0
2.0
General authorizations (such sums as may be necessary, esti-
mated by program) :
Training (sec 210)
Other activities
Total
8 0
8 6
7.9
24.5
100 5
8 0
14 9
8.5
31.4
172 0
8 0
12 9
8.6
29.5
238 5
8.0
10.8
9.7
28.5
32.0
47.2
34.7
113.9
511.0
[p. 26700]
izes for all programs $100.5 million in fiscal year
1971, $172 million in fiscal year 1972, and $238.5
million in fiscal year 1973, a total of $511 million
for the three year authorization period.
SECTION-BY-SECTION ANALYSIS
TITLE I. RESOURCES RECOVERY
Section 202 (findings and purpose).
New language is added describing the purposes
of the Act, to emphasize recycling, local planning,
and training functions.
Section 203 (definitions).
The Department of Interior's responsibility under
existing law for disposal of mineral solid waste is
eliminated, and HEW assumes complete authority.
Several new definitions are added, including
municipality, intermunicipal agency, recovered
resources and resource recovery systems, to which
other provisions of this Act are keyed.
Section 204 (research).
This section adds new language to the ongoing
research program, shifting the emphasis from dis-
posal to recycling and adding instructions to
investigate the public health and welfare effects of
solid waste.
Section 204 (d) authorizes annual research ap-
propriations of $31.5 million, $40.5 million, $40
million, and $38.5 million through fiscal 1974.
Section 205 (new-grant limitations).
This section provides that no grant under any
program of the Solid Waste Act can be made to a
profit-making organization. Note that Section
204(b) presently allows research contracts with
such an organization.
Section 206 (interstate cooperation).
Unchanged (renumbered).
Section 207 (regional and local planning grants).
This replaces 50 percent State grants for planning
activities with 66 f percent grants for single
municipalities and States, and 75 percent grants
for planning solid waste programs in an area of
more than one municipality or State.
The grants may be used for (1) making surveys
of solid waste problems, (2) preparing solid waste
disposal plans for the area (especially those em-
phasizing recycling), (3) developing proposals for
Section 208 demonstration system grants, and (4)
preparing plans for collecting and recovering
abandoned motor vehicle hulks.
Section 208 (new-demonstration grants for re-
source recovery systems).
This section provides for grants to varying sizes
of communities to demonstrate resource recovery
systems. These systems have to be area-wide, re-
flecting a variety of solid waste problems (including
those of smaller towns and rural areas). A system
must be consistent with plans developed in ac-
cordance with Section 207(b)(2) and with Section
209 guidelines. A proposal for a system grant must
also provide assurance than an equitable means
exists for distributing the costs amount to the users
of the system.
The bill authorizes annual appropriations of $20
million, $30 million, $50 million and $55 million
through Fiscal Year 1974.
Section 209 (new—recommended guidelines).
This section directs the Secretary to prepare
guidelines on solid waste management practices for
circulation to State and local governments. These
guidelines are advisory except when such State or
-------
STATUTES AND LEGISLATIVE HISTORY
217
locality applies for a demonstration grant under
Section 208. This Section also requires the Secre-
tary to recommend model codes and ordinances,
and to issue technical information on solid waste
and resource recovery methods to solid waste
agencies, and includes authority to transport
models to various communities and funding of
on-site review of solid waste disposal and resource
recovery facilities by solid waste personnel.
Section 210 (new—training grants).
This section provides training grants to assist
in the development of personnel trained in the
design, operation and maintenance of solid waste
disposal and recovery equipment and systems.
Section 210(d) directs a study within one year
on the need for additional trained personnel and
obstacles to employment or occupational advance-
ment.
The Bureau of Solid Waste Management esti-
mates the cost of this section to be about $8 million
a year, but the bill provides no specific authori-
zation.
Section 211 (new—cooperation by all Federal
agencies in the control of solid waste pollution).
This section requires Federal installations and
federally licensed activities to meet solid waste
guidelines of Section 209. This would include
ocean dumping activities licensed by the Corps of
Engineers.
Section 212 (new—national disposal sites study).
This section authorizes a two-year study to
create a system of national disposal sites for
hazardous materials.
Sections 213-215, Unchanged (renumbered).
Section 216 (appropriations).
This section authorizes "such sums as may be
necessary", excluding the funds specifically pro-
vided for (1) research, and (2) resource recovery
system demonstration grants. These two specific
authorizations provide for fiscal 1971 a $51.5 :
million authorization, fiscal 1072 a $70.5 m
authorization, fiscal 1973 a $90 million authoriza-
tion, and fiscal 1974 a $93.5 million authorization.
TITLE ii (NATIONAL COMMISSION ON MATERIALS
POLICY)
This title creates a Commission to develop a
national materials policy. In developing this policy
the Commission would study materials require-
ments (national and international), the relation-
ship of materials policy to population and environ-
mental quality; means for utilizing more materials
"which are susceptible to recycling, reuse, or self-
destruction"; and general ways to improve or
coordinate knowledge of materials usage. The
commission would be required to report by June 30,
1973, with an authorization of $2,000,000.
TITLE in (RESOURCE RECOVERY STUDY)
This title places special emphasis on the policy
implications of a change from disposal to resource
recovery. It authorizes a two-year study of issues
in resource recovery, including means of recovering
materials and energy; examination of the economic
impact of recovered resources, changes in produc-
tion and packaging practices (including disposal
charges) to reduce wastes; efficient solid waste
facilities utilization; the use of Federal procure-
ment to develop market demand for recovered
resources; and incentives and disincentives to
recycling (including tax policies).
STATEMENT BY SENATOR JENNINGS RANDOLPH,
CHAIRMAN, COMMITTEE ON PUBLIC WORKS
Mr. RANnoLPH. Mr. President, the Solid Waste
Disposal Act of 1965 launched a new program to
develop efficient means of collecting and disposing
of the millions of tons of solid wastes generated by
our society each year. Although considerable
progress was made in State and local planning
under the 1965 act toward solutions of the solid
wastes problems facing our country, it was ap-
parent as early as 1967 that additional efforts were
needed.
President Johnson, in his conservation message
of March 11, 1968, called for a comprehensive
review of current solid waste disposal technology
by the Director of the Office of Science and Tech-
nology working with the appropriate Cabinet
officers. This review was to consider two key
problems: first, how to lower the present high
costs of solid waste disposal, and second, how to
improve and strengthen Government-wide re-
search and development in this field.
In order to facilitate this study and to further
action on the problem, the Congress provided a
1-year extension of the Solid Waste Disposal Act.
The Office of Science and Technology Task Force
was chaired by Professor Rolf EUassen of Stanford
University, The Task Force report was entitled,
"Solid Waste Management," and was released by
the Office of Science and Technology on October 1,
1969.
Concurrently, a study was undertaken by the
Ad Hoc Committee on Solid Waste Management
fur the ^tionai Academy of Engineering. The
Committee's chairman was Donald N. Frey,
president of the General Cable Corporation and ita
report was entitled, "Policies for Solid Waste
Management."
Both of these reports stress the magnitude and
crisis proportions of solid waste disposal problem
facing the United States.
The average amount of solid waste actually
collected in this country is over 5.3 pounds per
person per day, or more than 190 millions tons per
year. There are estimates that this will increase to
8 pounds per person per day of 1980. And this
doesn't include industrial wastes amounting to
another 3 pounds per person per day.
Presently, the Nation spends an estimated $4.5
billion a year to handle and dispose of this material
from which, practically speaking, we do not re-
cover anything of useful value.
As a matter of fact, in almost every area, the
present methods of handling and disposing of solid
waste are polluting our environment.
The problem in the District of Columbia is not
greatly different from that which is being ex-
perienced in cities and urban areas throughout the
Nation. Here, for instance, we are producing
-------
218
LEGAL COMPILATION—SOLID WASTE
875,000 tons of solid waste per year—an. increase
from 650,000 tons in 1965.
The problem, however, involves more than just
dealing with large quantities of solid wastes. There
is a long association between health hazards anc
inadequate collection and disposal of solid wastes.
For example, studies have demonstrated the re-
lationship between poorly managed solid waste
during collection, transport, and disposal operations
and more than 22 diseases transmitted by cock-
roaches, rats, and flies. In the last 15 years in the
District of Columbia alone the number of reported
rat bites has been approximately 750, and 290 of
these occurred in infants less than 2 years of age,
and 151 in infants under 1 year of age.
In testimony, Dr. Paul Comely, President of
the American Public Health Association, discussed
the adequacy of collection, in. the inner city and
the implication of accumulating trash and garbage:
"It appears to me that in this country we have
a great deal more concern about animals than we
do about human beings.
"For instance, the standards for milk in this
country, throughout the States, have requirements
about the barns in which the milk cows shall live.
They have standards as to the surroundings of
these barns, and if one goes to any of these places,
one never sees garbage and trash around these
barns.
"Now if this is good for cattle it is good for the
inner city person. It is interesting also that we
have a Society for the Prevention of Cruelty to
Animals in this country on a volunteer basis. But
I would like to suggest that we should have a
society for the prevention of cruelty to infanta
and children; let us be humane to human beings,
and why should children be bitten by rats?"
The health of all our people is intimately con-
nected with the home and its surroundings. Ex-
ternal improvement around the home and neigh-
borhood are more important in improving the
quality of our livea than any other single factor.
Solutions to the solid wastes problems facing
this Nation will require the full application of all
knowledge and expertise of the public, private,
and academic sectors of our economy. The Solid
Waste Disposal Act of 1965 provided for research
and demonstration of new and improved methods
for solid waste collection, transport, recovery and
reuse, and disposal.
Additional research is needed on methods for
financing solid waste management systems and
operating such systems efficiently and economically.
Data are needed regarding the interrelationships of
regional economics and amounts of solid wastes
generated, the economics of large scale solid waste
management systems, and the economics of those
technologies now available or under development.
Methods must also be developed to reduce these
growing volumes of wastes. Today, it is a staggering
5.3 pounds for each American every day of the
year, and by 1980 it will be 8 pounds of waste a
day. Studies indicate that the cost of removing
these wastes are growing even faster.
The packaging and other container industries
are accelerating the problem. In 1966, discarded
packaging materials represented 13.3 percent of
the 350 million tons of residential, commercial, and
industrial waste generated in the United States.
Glass and metal package containers amount to
90 percent of typical municipal incinerator residues.
The American consumer and taxpayer could not
only help relieve the problem, but could save him-
self money in the process. It is estimated that in
1970 if all soft drinks were purchased in returnable,
money-back containers, American consumers could
have saved an estimated $650,000,000. This was
the cost for the convenience of using throw-away
containers.
There is considerable potential for metal and
mineral recovery and reuse from incinerator
residues. Significant progress has been made in
this regard by the College Park Metallurgy Re-
search Center of the University of Maryland at
College Park. Residue samples can be processed at
a rate of approximately 1,000 pounds per hour.
The process involves a series of mechanical opera-
tions including shredding, screening, grinding, and
magnetic separation. The products are a metallic
iron concentrate, a clean non-ferrous metal com-
posite, clean fine glass fractions, and a fine car-
bonaceous ash tailing. Processes of this type hold
significant potential for resource recovery and
reuse and should be demonstrated as full scale
operations.
Long-term solutions must rely on recycling;
immediate improvements can be made in such
subsystems as collection, transportation, processing
(including separation and incineration), and
salvage or disposal. The hearing record of our
Public Works Committee reflects a significant
potential. Solid wastes management must be ap-
proached systematically while increasing the
options available to local and regional govern-
ments in planning, designing, and operating solid
waste management systems.
The Resource Recovery Act of 1970, reported
by the Committee on Public Works, provides a
mechanism for the expeditious development of
these options. The bill represents extensive de-
liberations by the members of the Subcommittee
on Air and Water Pollution chaired by Senator
Edmund S. Muskie and by the full Committee on
Public Works. The bill reflects our understanding
of the solid waste management problem facing us
today, and in the future. I am pleased to have had
an opportunity to contribute to its formulation.
Mr. COOPER. Mr. President, the Re-
source Recovery Act of 1970, S. 2005,
which extends for 4 years and amends the
Solid Waste Disposal Act of 1965, repre-
sents a significant step La the continuing
effort to improve the quality of our en-
vironment. I am glad to support the bill,
and urge its adoption by the Senate.
The Subcommittee on Air and Water
-------
STATUTES AND LEGISLATIVE HISTORY
219
Pollution of the Public Works Committee
on which I serve, became aware very earlj
in its consideration of air and water pollu
tion problems that both were closelj
related to the problems of solid waste
disposal. For example, open dump burning
and inadequate incineration increase ai
pollution. Similarly, the filling of wetland:
and dumping of solid waste in open wate:
causes water pollution. Moreover, it hai
become increasingly clear that the concep
of waste is environmentally unsound. W<
recognize now that wastes might better be
considered as resources, diffuse and diverse
though they may be—resources for which
recovery techniques must be developec
so that they may be returned to the flow o
materials.
Automobile hulks, one-way glass bot-
tles, aluminum cans, paper, and discardec
packaging—all have received much atten-
tion, by the public and during the hearings
of the committee. The quantities of ma-
terial that we are wasting, literally, is a
concern not only in terms of air, water and
land pollution, and degradation of the
environment, but also in terms of resource
depletion. When we consider also our
growing population and capacity for con-
sumption, it becomes clear that our policy
for the future must be to move from
disposal of waste to the recovery and
re-cycling of materials and energy. The
Resource Recovery Act of 1970 has as its
objective the establishment procedures
which will encourage such a shift from
disposal to recovery, necessary to an en-
vironmentally sound society.
In extending the research section, sec-
tion 204 of the Solid Waste Disposal Act,
S. 2005 gives new emphasis to the develop-
ment of resource recovery techniques.
Much work has already been done, and we
hope that with the funds and authority
provided by this act fully integrated re-
covery systems will be developed. Section
204. is provided with a specific authoriza-
tion for appropriations of $31.5 million
this fiscal year, and a total of $119 million
during the following 3 fiscal years.
[p. 26701]
In a new section 208, specifically de-
signed to speed the development of and
put into operation new resource recovery
systems, the committee bill provides a
demonstration program to be carried out
through grants to State, interstate, mu-
nicipal or intermunicipal agencies for up
to 75 percent of the design, construction,
and first-year operation cost of integrated
recovery systems. It authorizes 820 million
for such grants during this fiscal year, in-
creasing to $55 million by fiscal 1974.
In addition to these two major sections,
the measure we have recommended to the
Senate addresses several other problems
of waste materials management and re-
covery. It would continue, as section 207,
the authorization of planning grants to
State, interstate, municipal, and inter-
municipal agencies increasing the Federal
share from a 50 percent to 66f percent, or
to 75 percent in the case of interstate and
intermunicipal grants.
The committee had before it, in S. 2005
as originally introduced, a full construc-
tion grant program for solid waste treat-
ment and disposal. The administration
testified in opposition to the construction
grant provision, giving two principal
reasons, both of which were recognized
ay the committee. First, a construction
grant program at this time could result in
investment in inadequate or outmoded
systems, particularly in view of the fact
;hat this act intends to redirect efforts in
materials use management from disposal
,o recovery. Second, authorization of a
massive Federal construction grant pro-
;ram would be inappropriate at this time
of fiscal constraint.
Following generally the pattern of air
ind water pollution legislation, the com-
mittee bill, while recognizing fundamental
lifferences between those programs and
he problems of materials management,
las proposed in section 209 the develop-
ment of guidelines for solid waste re-
overy, collection, separation, and disposal
ystems. We believe the application of
''ederal research and experience in estab-
ishing such guidelines will help to develop
>etter management systems in communi-
-------
220
LEGAL COMPILATION—SOLID WASTE
ties and States, and to assure that their
systems meet public health and environ-
mental requirements.
The bill, in new section 212 of the act,
requires a study of the need for establish-
ment of a national system for the disposa]
of hazardous wastes. A report is to be
made to the Congress within 2 years.
We would hope that the study may show
how radioactive, biological, and highly
toxic chemical wastes can be handled with
minimum environmental damage and
maximum protection of public health and
safety.
The committee adopted an amendment
offered by Senator JAVITS and others,
providing training grant assistance to
State and municipal agencies, educational
institutions, and other private organiza-
tions to meet the growing manpower de-
mands in the field of materials manage-
ment and recovery. The provision, which
will become section 210 of the act, is
similar to that offered by Senator SCOTT
and adopted earlier this year as part of
the Water Quality Improvement Act of
1970.
Based again on the experience gained
in the air and water pollution control
areas, the subcommittee concluded that
the activities of the Federal Government
often contribute to solid wast^ problems.
Consistent with the air and water legisla-
tion and the President's executive order
in March, new section 211 requires Federal
agencies to comply with the guidelines
to be developed under section 209. This
mandate is applied also to activities for
which the Federal Government issues any
license or permit for the disposal of solid
waste, as well as to activities conducted on
Federal property under contract or lease
to private organizations.
Title II of the bill incorporates an
amendment, introduced last year by Sen-
ator BOGGS, to establish a Commission on
National Materials Policy. He had earlier
asked the Library of Congress to examine
materials policy as it relates to solid
waste disposal and environmental quality.
Senator BOGGS' request was met by an
ad hoc committee in which the Library
of Congress joined with the National
Academy of Sciences, and which issued
two reports, both of which have been
printed as documents of the Senate Com-
mittee on Public Works. The principal
recommendation was that a Commission
on National Materials Policy be estab-
lished to carry forward the work begun
earlier by the Paley Commission during
the Eisenhower administration. The com-
mittee received favorable testimony on
this proposal, and we look forward to the
results of the study of the Commission
and its recommendations.
Mr. President, the Committee on Public
Works has been engaged for a number of
years in the effort to control the wasteful
and discarded by-products of our in-
dustrial, largely urban, consuming society
—which have been too long ignored and
which are now the subject of widespread
interest and intense concern. The com-
mittee is continuing its intensive work in
the field, and will soon report to the
Senate major proposals in the areas of air
pollution, water pollution, and other en-
vironmental concerns. Our interest in
improving the quality of life is constantly
before us also in our consideration of high-
way, economic development, water re-
source, and nearly all other legislation that
comes before the committee. We work
together on these matters. As I have often
done before, I call attention to the devo-
tion of the chairman of the full committee,
Senator RANDOLPH, and to the leadership
and informed labor of the subcommittee
chairman, Senator MUSKIE, in this im-
portant and challenging field. The ranking
minority member of the Air and Water
Pollution Subcommittee. Senator BOGGS,
who gives this work such faithful atten-
tion, continues to contribute to every
measure developed by the subcommittee,
as does Senator BAKER in the most creative
way. I can think of no member of the
committee who has not had a part in this
work, and we hope it will be productive
and help meet the pressing problems of
our tune.
The bill before the Senate, the Resources
Recovery Act of 1970, is important legis-
-------
STATUTES AND LEGISLATIVE HISTORY
221
lation. I strongly endorse it. It propose
to improve significantly the means avail
able to address the problems of material
use, recovery and disposal. I urge it
adoption by the Senate.
Mr. BOGGS. Mr. President, I wish to
express my full support for S. 2005. Th<
distinguished chairman of the Subcom
mittee on Air and Water Pollution (Mr
MUSKIE), the chairman of the Committee
on Public Works (Mr. RANDOLPH), anc
the ranking Republican member of the
committee (Mr. COOPER) have statec
clearly the great need for this legislation
I associate myself with their views.
This legislation accelerates our nationa
effort to recycle wastes—to utilize our
dumps and our garbage cans productively,
so that we can reuse our material wealth,
not discard it. The finite supply of ma-
terials necessitates that the United States
move aggressively to increase the reuse oi
our wastes. Recycling will lessen the pollu-
tion of the environment and help to sustain
our economic growth.
President Nixon, in his environmental
message earlier this year, made this ob-
servation:
As we look toward the long-range future—to
1980, 2000 and beyond—recycling of materials -will
become increasingly necessary not only for waste
disposal but also to conserve resources.
The President's words are ones that
chart a wise course for the future.
Several sections of this legislation that
will prove effective as stimulants to the
recycling of wastes. Section 207, dealing
with planning grants, will encourage the
States and communities to look to recy-
cling. Many States have already received
grants to make general planning surveys
for that State. Planning should also be
encouraged on a local and regional basis,
whether intrastate or interstate. This legis-
lation gives that encouragement.
It should be noted, Mr. President, that
my own State of Delaware has moved ag-
gressively toward recycling. Governor
Peterson recently signed legislation that
will lead to the construction of a plant
that will daily recover from 500 tons of
solid wastes and 70 tons of sewage sludge,
reusable steel, copper, chemicals, and other
materials and convert the residue into
productive compost. That tonnage repre-
sents about half the wastes generated
daily in our State's most populated county,
New Castle County. To give my colleagues
a further look at this important proposal,
I ask unanimous consent that a newspaper
article about the plant be printed in the
RBCOBD at the conclusion of my remarks.
The ACTING PRESIDENT pro tern-
pore. Without objection, it is so ordered.
(See exhibit 1.)
Mr. BOGGS. Mr. President, programs
such as the Delaware project would be
eligible for support under this bill's demon-
stration grant proposals of section 208.
It authorizes funds for the construction
of facilities that will convert solid wastes
into reusable material. The legislation
authorizes 75-percent grants for such
projects as a method for demonstrating
their feasibility and economy. Such dem-
onstrations must be encouraged. This
legislation gives that encouragement.
[p. 26702]
Numerous other important proposals
are incorporated within this legislation.
It authorizes the preparation of solid
waste disposal guidelines, on an advisory
aasis. The legislation, however, requires
ihat Federal facilities comply with these
;uidelines, a provision that is essential.
The Government must set a positive ex-
ample in solid waste control and pollution
abatement.
Training grants will be available under
.his bill to insure that we have the per-
lonnel available to design, operate, and
maintain facilities that will process solid
wastes. The bill authorizes a study of na-
ional disposal sites for hazardous ma-
erials, and another study, under title III,
'f the question of resource recovery and
lew methods to encourage recycling of
materials.
My colleagues on the committee have
valuated in detail these aspects of the
igislation. I support their views. Rather
ban go over these points again, I would
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222
LEGAL COMPILATION—SOLID WASTE
like to direct attention of my colleagues
to title II, as I submitted the amendment
that led to the inclusion of title II. The
amendment, No. 153, was offered with the
cosponsorship of several of our distin-
guished colleagues. Mr. BAKER, Mr. BAYH,
Mr. COOPER, Mr. EAGLETON, Mr. INOUYE,
Mr. MONTOYA, Mr. MUSKIE, Mr.
PEARSON, Mr. RANDOLPH, and Mr. SPONG.
The title authorizes creation of a seven-
member National Commission on Ma-
terials Policy to undertake a full study of
the materials process: selection, extraction,
processing, use, disposal, and reuse.
By mid-1973, the Commission will re-
port to the President and the Congress on
its conclusions and recommendations for
creation of a national materials policy, as
well as proposals for implementing such
a policy.
This is a subject of great significance.
Materials and the processing of materials
are the basic source of the polution to our
environment. If we are to enhance our
environment, a policy on the utilization
of materials must be considered.
Our concept approved by the committee
foresees an examination by the Commis-
sion of several key points. One would be
an evaluation of current and projected
domestic demands for materials. Economic
factors affecting materials selection would
be an aspect of this study.
The Commission would also study the
relationship between demand for materials
and questions of population growth, seek-
ing to identify how this relationship affects
foreseeable supplies and the enhancement
of the environment.
An important area of enquiry would be
methods for enhancing the coordination
and cooperation among Federal depart-
ments and agencies in relation to materials
demand, use, and study. This should be
a major topic for study, as nearly every
agency of Government has a materials-
related function, either in research, plan-
ning, pollution control, standards, or
supply.
Another point should be an examina-
tion of the feasibility and desirability of
creating—or fostering the creation of—
computer inventories of national and
international materials supplies and re-
quirements.
The involvement of our subcommittee
with this subject dates to 1965, when the
first Federal solid waste legislation was
adopted. Since that date, the Committee
on Public Works has been the recipient
of two informative studies on the subject
of materials policy. One was titled, "Avail-
ability, Utilization, and Salvage of In-
dustrial Materials." The other was called
"Toward a National Materials Policy."
This second study, released last year,
came to this conclusion:
It is of the utmost importance that, from the
initial stages of production of materials through
their ultimate use and disposal, we conduct our
operations and activities in such a way as to
minimize pollution of air and water to avoid
despoilation of the environment, both physical
and biological.
It was suggested in this study that we
can catch a lot of problems of environ-
mental degradation before they occur if
our Nation takes a hard look at our ma-
terials requirements and use. That is what
the Committee on Public Works envisions
in supporting the amendment to create a
National Commission on Materials Policy.
A Commission study and report seeking
to identify and analyze the factors affect-
ing the materials flow would include a
suggested path for the United States to
follow toward a national policy on ma-
terials, and how that policy might be
implemented.
The committee also evaluated the ques-
bion of what type of governmental unit
should conduct such a study on the need
:or a national materials policy. After
careful evaluation, we rejected the view
that the study should be undertaken by
an existing unit of Government. Among
;heir tasks, the members of the Commis-
sion will be looking critically at existing
organizational arrangements in matters
related to materials policy. Therefore, we
selieve it appropriate that the evaluation
and study should not become a function
of an existing agency. An independent
commission, we found, would be best able
to examine effectively the full breadth of
materials policy questions, then to chart a
-------
STATUTES AND LEGISLATIVE HISTOKY
223
policy on materials that would be imple
mented on a continuing basis by an exist-
ing agency of Government.
In addition, an evaluation of materials
policy should properly be undertaken bj
experts from inside and outside the Pedera
Government. This would guarantee thi
broadest possible scope and study, which
is vital if this study is to prove meaningful
The Commission would, in effect, serve
as the foundation upon which to raise the
structure of a coordinated materials policy
for our Nation.
The Director of the U.S. Geologica
Survey recently expressed a sentimeni
that I believe serves as an excellent sum-
mation of the need for a national policy for
materials—not just minerals or energy or
timber. I would like to share Dr. Pecora's
words with my colleagues. He said:
If we must, therefore, take from the earth to
provide for ourselves, we must employ value
judgment and trade-off concepts in deciding how
much to take from our environment, where to
take Hi and how to leave it in the taking and using
That is a persuasive argument for title
II, as indeed it is for this entire legislation.
I urge its adoption by the Senate.
Mr. President, I wish to commend all
the members of the committee for their
work in connection with this legislation.
Also, I wish to thank the members of the
committee staff for their efforts over many
months during hearings and the markup
of this legislation.
EXHIBIT 1
[From the Wilmington (Del.) Evening Journal,
June 23, 1970]
STATE SELECTS HEHCULES WASTE RECYCLING
DESIGN
Hercules, Inc., will design and probably build
and operate a solid-waste recycling plant in New
Castle County which, the company claims, will
pay for its operation through sale of reclaimed
materials.
Gov. Russell W. Peterson announced he had
selected Hercules' proposal as he signed House
Bill 822 yesterday appropriating $1 million for
design and engineering of the plant.
The plant, billed as the first in the world to re-
claim all waste materials fed into it, would handle
500 tons of domestic and industrial waste and 70
tons of wet sewage sludge a day, or nearly half the
solid waste generated in New Castle County.
The next step will be contract negotiations be-
tween Hercules and the state to iron out details
concerning what eKactly the state wants from
Hercules in the way of design work. A Hercules
official said these negotiations would probably be
completed in from three to six weeks.
Construction and operation of the plant would
require more negotiations—as well as more money.
These negotiations would involve New Castle
County government and, if hoped-for federal funds
are available, the federal government.
Cost of the plant from initial design to start of
operations would be about $10 million, according
to John N. Sherman, director of advanced programs
for Hercules' chemical propulsion division, which
submitted the proposal.
Design of the plant allows for eventual doubling
of capacity through expansion. After an initial
shakedown phase, money realized from the sale of
recycled waste products would pay the operating
expenses of the plant, according to the Hercules
proposal.
Members of the Governor's Committee on
Solid Waste said that similar plants may be built
in the Dover and Georgetown areas at a later date.
A bill to provide federal aid for pilot waste re-
cycling projects is now being prepared by the
U.S. Senate Committee on Public Works, of which
Sen. J. Caleb Boggs, R-Del., is the ranking minority
member.
The committee hopes to have the bill on the
Senate floor for action next month. Delaware hopes
to get some of that money to help finance the plant.
State Rep. Robert J. Berndt, R-Hillcrest, who
sponsored the bill to fund design work and chaired
the governor's committee, said a site for the plant
must be chosen soon because Hercules designs will
depend on the nature of the site.
The Hercules proposal included a completion
schedule for the plant of 22 months from the date
of site selection, barring unforeseen obstacles and
assuming full financing of the project.
Committee members present when Peterson
signed H.B. 822 were Berndt, George Dutcher, New
Castle County public works director; Richard
Weldon of Bear; Arthur W. Dobberstem of Dover;
State Sen. J. Donald
[p. 26703]
"saacs, R-Townsend; and Rep. R. Glen Mears
Sr., D-Seaford.
Berndt said the selection narrowed to Hercules
rom nine firms which filed proposals. Some with-
drew their plans, he said.
Berndt said Hercules was chosen because "They
have the talent to do it; they're way out in front of
verybody else." He said *.be firm also has markets
or the byproducts.
The proposed plant, designed to be operated by
bout 50 employees, is to have three major elements.
The first ia a digester system for converting
rganic waste materials to a high quality humus
Toduct free from disease-producing organisms. A
imilar plant in San Juan, Puerto Rico, is currently
recessing 300 tons a day.
The second is the application of pyrolysis tech-
niques—subjecting organic materials in a con-
-------
224
LEGAL COMPILATION—SOLID WASTE
tained-pressure vessel to high temperatures—for
the controlled decomposition of organic solid
wastes such as rubber and plastics.
The third is a residue separation system for the
inorganic residue separated from the digester dis-
charge. The separation of metals, glass and grit
will be accomplished through a series of sereeners,
gravity tables and other equipment.
Hercules adapted the systems design knowledge
of its chemical propulsion division to come up
with its plan. Parts of the system designed by
Hercules were the result of Hercules research,
while other parts are patented products of other
companies.
Mr. DOLE. Mr. President, I rise in sup-
port of S. 2005, the Resource Recovery
Act of 1970. In his message on the environ-
ment, President Nixon stated:
If we are ever truly to gain control of the prob-
lem (solid wastes) our goal must be ... to reduce
the volume of wastes and the difficulty of their
disposal, and to encourage their constructive re-use.
S. 2005, a product of the joint efforts
of the administration and the Air and
Water Pollution Subcommittee of the
Senate Public Works Committee, was
written to achieve that goal. This legis-
lation will effectively improve our national
effort to reduce land pollution by recover-
ing the enormous quantity of trash that
is littering the landscape and straining the
facilities of municipal governments.
There is one section of the bill that is
particularly significant. That is section
207, which provides planning grants to
governmental agencies at the State, local,
and regional levels. Existing planning
grants, on a 50-50 matching basis, pro-
vides States with financial assistance for
surveys of local practices and problems, as
well as funds for developing programs to
solve solid waste management problems.
The new language approved by the com-
mittee would increase the Federal share
of planning costs to 66 f percent for a State
or a single municipality, and provide 75
percent support when two or more juris-
dictions join to attack their mutual solid
waste problems.
Economies can be achieved by increas-
ing the size of resource recovery programs.
Thus, a multiple-jurisdiction incentive
should encourage communities to join with
neighboring communities to meet the prob-
lem on a regional basis, and thus over the
long run reduce costs.
The grants, I might add, would be
available for any of four activities. One
involves surveys of solid waste manage-
ment practices and programs in an area,
similar to existing-law. A second authorizes
grants for developing and revising plans
for recycling and recovery of wastes. This
emphasis is new and essential. The third
provision would help to finance the de-
velopment of proposals for resource re-
covery systems. The fourth area for which
grants would be made available to State
and local jurisdictions would be for plan-
ning programs for the removal and proc-
essing of abandoned motor vehicle hulks.
Section 207 planning grants for State,
local, and regional agencies are of par-
ticular importance to Kansas. The 1970
Kansas Legislature passed the "Solid
Waste Control Act" which makes it im-
perative that every city and county in
Kansas begin at once to develop a work-
able plan for the regulation of solid waste
collection! storage, transportation, process-
ing, and disposal. Unfortunately, the
Kansas Legislature did not provide the
funds necessary to assist local government
in developing their master plan. Section
207 provides authority for the Congress
to appropriate funds which will allow local
governments in Kansas and throughout
the Nation to develop an organized and
comprehensive approach to solid waste
management.
I strongly recommend passage of S.
2005.
The ACTING PRESIDENT pro tern-
pore. The question is on agreeing to the
committee amendment.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third time,
and passed.
The title was amended, so as to read:
A bill to amend the Solid Waste Disposal Act in
order to provide financial assistance for the con-
struction of solid waste disposal facilities, to
improve research programs pursuant to such act,
to establish a National Committee on Materials
Policy, and for other purposes.
-------
STATUTES AND LEGISLATIVE HISTORY
225
Mr. BOGGS. Mr. President, I move
that the vote by which the bill was passec
be reconsidered.
Mr. MANSFIELD. Mr. President, I
move that the motion to reconsider be laic
on the table.
The motion to lay on the table was
agreed to.
Mr. JAVITS subsequently said: Mr
President, I call the attention of the Senate
to the adoption on the Consent Calendar
of the solid waste disposal bill.
I had recently introduced a bill, Mr,
President, which I proposed to make an
amendment to the solid waste disposa
bill, which dealt with the disposal of motor
vehicles, and which was considered a
rather ingenious plan toward that end. But
I have agreed to let the bill go through
on the Consent Calendar with a hearing
on my plan, and also on another plan of
the Senator from Florida (Mr. GURNET)
on the same subject.
But I ask unanimous consent, Mr. Presi-
dent, that a copy of the amendment which
I would have proposed had I been aware
of the opportunity be made a part of my
remarks, and that my remarks appear in
connection with the approval of the bill
on the Consent Calendar.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. JAVITS. The amendment I would
have sponsored would have been for myself
and Senators CANNON, GOODELL, HAT-
FIELD, Moss, PELL, PERCY, SAXBE, and
TYDINGS. I shall be pressing the measure
through the hearing stage.
The amendment is as follows:
On page 31, line 10, add the following new
title:
"TITLE IV—MOTOR VEHICLE DISPOSAL
ACT
"Sue. 401. This title may be cited as the Motor
Vehicle Disposal Act.
"DISPOSAL FEE REQUIRED
"SEC. 402. (a) Each person within any State
who owns a motor vehicle on the effective date of
this title shall, within three months after the
effective date of this title, pay to the Secretary the
motor vehicle disposal fee required by the pro-
visions of this title, and affix to the motor vehicle
a plate or other device, designed by the Secretary,
stating that the motor vehicle disposal fee has
been paid.
"(b) Every motor vehicles manufacturer shall
pay for each motor vehicle manufactured by it
after the effective date of this title the motor
vehicle disposal fee required by the provisions of
this title, and shall affix to the motor vehicle a
plate or other device, designed by the Secretary,
stating that the motor vehicle disposal fee for that
vehicle has been paid.
"EVIDENCE OF PAYMENT OF DISPOSAL FEE
"SEC. 403. (a) The Secretary shall design a plate
or other device suitable for easy and permanent
installation in a conspicuous place on a motor
vehicle on which the disposal fee required by this
title has been paid.
"(b) The Secretary shall make available places
at convenient locations throughout the country in
which persons shall pay the disposal fee required
under section 402 and receive the plates or other
devices evidencing such payments together with
instructions for the installation of such plates or
other devices.
"(c) The Secretary shall make necessary ar-
rangements with manufacturers required to pay
the disposal fee under section 402 to receive the
payment of such fees at such times as he deter-
mines to be convenient for such manufacturers and
to furnish such manufacturers sufficient numbers
of plates or other devices evidencing such payment.
"AMOUNT OF DISPOSAL FEE AND ESTABLISHMENT
OF THE MOTOR VEHICLE DI8POSA1 FUND
"SEC. 404. (a) The Secretary shall prescribe the
amount of the disposal fee required under this title
in an amount not less than $25 nor more than $50
per motor vehicle. In determining the amount of
the disposal fee the Secretary may establish a
schedule of fees after considering the size of the
motor vehicle and the cost of removing motor
vehicles. Any fee or fee schedule established under
this section may not be established by the Secre-
tary without proceedings including notice and an
opportunity for a hearing held in accordance with
the provisions of subchapter II of chapter 5, title 5,
Jnited States Code, and provisions of judicial re-
view in the United States Court of Appeals for the
District of Columbia in accordance with the
provisions of chapter 7 of such title.
"(b) Any sums appropriated pursuant to section
412 of this title and any disposal fees collected pur-
suant to this title shall be deposited in a revolving
und which is hereby established in the Treasury
of the United States and shall be known as the
'Motor Vehicle Disposal Fund". Moneys in the
und shall be available, without fiscal year lim-
tation, to the Secretary to make payments to
[p. 26704]
lersons certified to him by licensed motor vehicle
isposal concerns in accordance with the pro-
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226
LEGAL COMPILATION—SOLID WASTE
visions of this title. Moneys in the fund not neces-
sary for current operations shall be invested in
bonds or other obligations of, or guaranteed by,
the United States.
"MOTOR VEHICLE DISPOSAL CONCERNS LICENSED
"Sac. 405. (a) After the effective date of this
title, any person engaged in the business of proc-
essing junked motor vehicles into established
grades of scrap for remelting purposes may make
application to the Secretary for a license under
this section at such time, in such manner, and
containing such information as the Secretary shall
by regulation reasonably require.
"(b) Licenses issued under this section shall be
in such form as the Secretary shall prescribe and
shall continue in effect unless revoked pursuant to
this title.
"(c) In issuing or refusing to issue any licenses
under this section the Secretary shall conduct pro-
ceedings in accordance with the provisions of
subchapter 2 of chapter 5 of title 5, United States
Code. Such proceedings shall be reviewable in the
appropriate United States court of appeals in ac-
cordance with chapter 7 of such title.
"(d) The Secretary shall issue a license to any
applicant if he determines that—
"(1) the applicant is qualified and has the
facilities necessary to process junked motor ve-
hicles into established grades of scrap for remelting
purposes;
"(2) agrees to certify to the Secretary the names
and addresses of persons eligible to receive disposal
payments under this title.
"(e) (1) The Secretary is authorized to enter the
facility of any person authorized under this title
or any person applying for a license under this
title and to inspect the premises and facilities on
such premises at reasonable times, within reason-
able limits, and in a reasonable manner.
"(2) Every licensee shall establish and maintain
such records, make such reports, and provide such
information, including technical information, as
the Secretary may reasonably require to enable
him to carry out the provisions of this title. All
information contained in any report received under
this section shall be deemed to be confidential
information for the purposes of section 1905 of
title 18 of the United States Code.
"(f) Persons licensed under this section shall re-
ceive from the Secretary a fee, in the amount
subject to such terms and conditions as the Secre-
tary may by regulations prescribe, for each car
processed, to cover the cost of removal of the plate
or device required by this title and the keeping of
necessary records as required by this title: Provided,
That such fee shall be not less than $1 nor more
than $5 per automobile.
"REVOCATION OF LICENSES
"Szc. 406. (a) Any license issued pursuant to
this title may be revoked by the Secretary if he
determines that (1) the licensee has discontinued
the business of disposing of motor vehicles aa
provided ia the license, or (2) the licensee fails or
refuses to make the certifications required by this
title.
"(b) Before revoking any license pursuant to
subsection (a) of this section, the Secretary shall
serve upon the licensee an order to show cause
why an order of revocation should not be issued.
Any such order to show cause shall contain a
statement of the basis thereof, and shall call upon
such licensee to appear before the Secretary at a
time and place stated in the order, but in no event
less than thirty days after the date of receipt of
such order, and give evidence upon the matter
specified therein. The Secretary may in his dis-
cretion suspend any license simultaneously with
the issuance of an order to show cause, in cases
where he finds that the public interest requires
such suspension. Such suspension shall continue in
effect until the conclusion of any revocation pro-
ceeding, including judicial review thereof, unless
sooner withdrawn by the Secretary, or dissolved
by a court of competent jurisdiction. If, after
hearing, default, or waiver thereof by the licensee,
the Secretary determines that an order of revoca-
tion should issue, he shall issue such order, which
shall include a statement of his findings and the
grounds and reasons therefor and shall specify the
effective date of the order and he shall cause such
order to be served on the licensee. In any case,
where a hearing is conducted pursuant to the pro-
visions of this section, both the burden of pro-
ceeding with the introduction of evidence and the
burden of proof shall be on the Secretary. Proceed-
ings under this section shall be independent of, and
not in lieu of, any other proceeding under this title
or any other provision of law.
"MOTOR VEHICLE DISPOSAL PAYMENTS
"SEC. 407. (a) Each person who owns a motor
vehicle on which the motor vehicle disposal fee
has been paid is entitled to receive a disposal pay-
ment in an amount equal to the motor vehicle
disposal fee whenever such vehicle is transferred
to, and presented for disposal to, a concern licensed
under the provisions of this title.
"(b) If an owner, in violation of State law,
abandons a motor vehicle on which the motor
vehicle disposal fee has been paid, and such vehicle
is thereafter presented to a concern licensed under
the provisions of this title by a public agency
authorized by State or local law to confiscate and
dispose of such abandoned vehicle, the public
agency so presenting and transferring such aban-
doned vehicle shall be entitled to receive a disposal
payment equal to the motor vehicle disposal fee.
"(c) Whenever a motor vehicle is properly pre-
sented to a motor vehicle disposal concern as pro-
vided in paragraph (a) or (b) of this section, such
concern shall issue to the person or agency present-
ing and transferring such vehicle a receipt therefor,
on a form prescribed by the Secretary, stating that
such vehicle has been properly disposed of under
this title and that such person or agency is entitled
to receive the disposal payment.
-------
STATUTES AND LEGISLATIVE HISTOHY
227
"(d) The Secretary shall redeem, by paymen
of the disposal payment, under whatever arrange-
ments he deems appropriate, receipts properly
issued under paragraph (c) of this section.
UNLAWFUL ACTIVITIES
"SEC. 408. It shall be unlawful for any person—
"(1) to fail or refuse to pay the motor vehicle
disposal fee required by section 402 or to fail t(
affix the evidence of such payment to the moto:
vehicle in accordance with the provisions of this
title;
"(2) to manufacture for sale, offer for sale
introduce or deliver for introduction in interstate
commerce any motor vehicle manufactured on or
after the effective date of this title without th
payment of the disposal fee for such vehicle under
section 402 and a plate or other device evidencing
such payment being affixed to such vehicle in ac-
cordance with the provisions of this title;
"(3) who is licensed under the provisions of this
title, to fail or refuse access to or copying of records
or fail to make reports or furnish information or
fail to permit entry or inspection as required under
section 405; or
"(4) to manufacture or furnish to any other
person a plate or other device designed by the
Secretary for the purposes of this title unless such
person is authorized by the Secretary to do so.
"(5) to remove, destroy, or otherwise dispose ol
the plate or device evidencing payment of the dis-
posal fee provided in section 402, except as au-
thorized by this title or by regulations promulgated
by the Secretary pursuant to this title.
"PENALTIES
"SEC. 409. (a) Any person who is required to
pay the disposal fee pursuant to section 402 of this
title and who willfully and knowingly fails to make
such payment shall be subject to a penalty of not
to exceed $500 for such violation.
"(b) Any person who violates the provisions of
section 403 or paragraph (3), (4), or (5) of section
408, or regulations issued thereunder, shall be
subject to a civil penalty not to exceed $500 for
each such offense except that the maximum
penalty shall not exceed $100,000 for any related
series of violations committed by the same person.
"(c) Any person who willfully and knowingly
makes a false statement of any information re-
quired under this title shall be deemed to have
violated the provisions of section 1001 of title 18,
United States Code.
"(d) Any such civil penalty under this section
may be compromised by the Secretary and shall
be recoverable in a civil action in any district court
in the district in which any such person resides or
is doing business.
"(e) In addition to the civil penalties provided
hereunder, any person who willfully violates the
provisions of paragraphs (4) or (5) of section 408
shall be subject to imprisonment of not more than
six months for each such violation.
'' ADMINISTRATION
"Sue. 410. (a) In order to carry out the ob-
jectives of this title, the Secretary is authorized
to—
"(1) promulgate such rules and regulations as
may be necessary;
"(2) appoint such advisory committees as he
may deem advisable;
"(3) to procure the services of experts and con-
sultants in accordance with section 3109 of title 5,
United States Code;
"(4) use the services, personnel, facilities, and
information of any other Federal department or
agency, or any agency of any State, or political
subdivision thereof, or any private research agency
with the consent of such agencies, with or without
reimbursement therefor; and
"(5) manufacture the plates or devices designed
by him for the purposes of this title at the expense
of the United States.
"(b) Upon request by the Secretary each Federal
department and agency is authorized and directed
to make its services, personnel, facilities, and in-
formation, including suggestions, estimates, and
statistics available to the greatest practicable
extent to the Secretary in the performance of his
functions under this title.
"(c) The Secretary, the Comptroller General of
the United States, or any of their duly authorized
representatives shall have access, for the purpose
of audit and examination, to any books, documents,
papers, and records that are pertinent to the pay-
ments certified to by any licensee under this Act.
"(d) The Secretary shall have discretion, based
on market or other conditions in any locality or
area of the country causing an inability or unwill-
ingness of a licensed disposal concern or concerns
to accept vehicles for disposal, to license an auto-
mobile wrecker or wreckers, including a public
agency of a State or political subdivision thereof
acting as an automobile wrecker, to accept vehicles
:or disposal and issue receipts under Section 407,
on condition that such wrecker undertakes to de-
posit such vehicles with an authorized disposal
concern within 12 months after the Secretary
determines that such market or other local condi-
tions have abated.
"(e) The Secretary shall have discretion, if
msiness practices make it advisable in a particular
ocality or area of the country, to authorize any
person engaged in the business of hauling scrapped
motor vehicles, after crushing, to authorized dis-
posal concerns, to issue receipts under Section 407,
provided that such persons satisfy the Secretary of
heir undertaking to deposit such vehicles as re-
quired by this Act and applicable regulations
ssued by the Secretary,
[p. 26705]
"DEFINITIONS
"SEC, 11. As used in this title—
"(1) The term 'person' includes any individual,
orporation, company, association, firm, partner-
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228
LEGAL COMPILATION—SOLID WASTE
ship, society, joint stock company, or publii
agency.
"(2) The term 'motor vehicle' means any
vehicle driven or drawn by mechanical power
manufactured primarily for use on the public
streets, roads, and highways, except any vehicle
operated exclusively on a rail or rails. The Secre-
tary may exclude classes of motor vehicles other
than passenger automobiles from the definition o:
motor vehicle for the purposes of this title upon a
finding that to do BO is in the public interest.
"(3) The term 'manufacturer' means any person
engaged in the manufacturing or assembly ol
motor vehicles including any person importing
motor vehicles for resale.
"(4) The term 'State' includes each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin
Islands, the Canal Zone, and American Samoa.
"(5) The term 'interstate commerce' means
commerce between any place in a State and any
place in another State, or between places in the
same State through another State.
"(6) The term 'Secretary' means the Secretary
of Transportation.
"AUTHORIZATION AND APPROPRIATIONS
"SEC. 412. There is hereby authorized to be
appropriated to the Secretary to carry out the
provisions of this title not to exceed $500,000 for
the fiscal year ending June 30, 1971.
NATIONAL MOTOB VEHICLE DISPOSAL COUNCIL
SEC. 413. (a) The Secretary shall establish a
National Motor Vehicle Disposal Council which
shall consist of seven members, including three
members who shall be representatives of businesses
engaged in processing junked motor vehicles into
established grades of scrap for remelting purposes,
three members representing the general public, and
one member representing automobile wreckers;
provided, that the representatives of the general
public may include representatives of Federal,
State or Municipal agencies working in the fields
of environmental protection and control.
(b) The Secretary shall consult with the Na-
tional Motor Vehicle Disposal Council with
respect to all matters subject to regulation which
may be promulgated under this title.
(c) Members of the National Motor Vehicle
Disposal Council may be compensated at a rate
not to exceed $100 per diem (including travel
time) when engaged in the actual duties of the
Advisory Council. Such members, while away
from their homes or regular places of business,
may be allowed travel expenses, including per
diem in lieu of subsistence as authorized by section
5703 of title 5, United States Code, for persons in
the Government service employed intermittently.
Payments under this section shall not render
members of the Advisory Council employees or
officials of the United States for any purpose.
"EFFECTIVE DATE
"SEC. 414. The provisions of this title shall take
effect on September 1, 1971, except that sections
403, 410, 411, 412, and 413 shall become effective
on the date of enactment of this title."
[p. 26706]
RESOURCE RECOVERY ACT OF
1970
Mr. BYRD of West Virginia. Mr.
President, I ask unanimous consent that
the Senate reconsider the vote by which
it passed S. 2005, to amend the Solid
Waste Disposal Act in order to provide
financial assistance for the construction of
solid waste disposal facilities, to improve
research programs pursuant to such act,
and for other purposes, which had been
reported from the Committee on Public
Works, as amended.
This matter has been cleared on the
other side of the aisle.
The PRESIDING OFFICER (Mr.
JORDAN of North Carolina). Without ob-
jection, it is so ordered.
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent that the
Committee on Public Works be discharged
From further consideration of H.R. 11833.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent that the
Senate proceed to the consideration of
H.R. 11833.
The PRESIDING OFFICER. The bill
will be stated by title.
The RULE CLEEK. A bill (H.R. 11833)
to amend the Solid Waste Disposal Act in
order to provide financial assistance for the
construction of solid waste disposal facili-
ies, to improve research programs pur-
suant to such act, and for other purposes.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
There being no objection, the Senate
proceeded to consider the bill.
Mr. BYRD of West Virginia. Mr. Presi-
dent, I ask unanimous consent to strike
out all after the enacting clause of H.R.
-------
STATUTES AND LEGISLATIVE HISTORY
229
11833 and to insert in lieu thereof the text
of S. 2005, as passed by the Senate on
Friday, July 31, 1970.
The PRESIDING OFFICER. Without
objection it is so ordered.
The question is on agreeing to the
amendment in the nature of a substitute.
The amendment was agreed to.
The PRESIDING OFFICER. The
question is on the engrossment of the
amendment and third reading of the bill.
The amendment was ordered to be
engrossed and the bill to be read a third
time.
The bill (H.R. 11833) was read a third
time and was passed.
Mr. BYRD of West Virginia. Mr. Presi-
dent, I move the reconsider the vote by
which the bill was passed.
Mr. STENNIS. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
[p. 26942]
l.ld (4)(c) Oct. 7: Senate agreed to conference report, pp. 35511-
35516
RESOURCE RECOVERY ACT OF
1970—CONFERENCE REPORT
Mr. RANDOLPH. Mr. President, I sub-
mit a report of the committee of conference
on the disagreeing votes of the two Houses
on the amendment of the Senate to the bill
(H.R. 11833) to amend the Solid Waste
Disposal Act in order to provide financial
assistance for the construction of solid
waste disposal facilities, to improve re-
search programs pursuant to such Act, and
for other purposes. I ask unanimous con-
sent for the present consideration of the
report.
The PRESIDING OFFICER (Mr.
CBANSXON). Is there objection to the
present consideration of the report?
There being no objection, the Senate
proceeded to consider the report, as
follows:
CONFEBENCE REPORT (H. REPT. No. 91-1579)
The committee of conference on the disagreeing
votes of the two Houses on the amendment of the
Senate to the bill (H.R. 11833) to amend the Solid
Waste Disposal Act in order to provide financial
assistance for the construction of solid waste dis-
posal facilities, to improve research programs
pursuant to such Act, and for other purposes,
having met, after full and free conference, have
agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to
the amendment of the Senate and agree to the
same with an amendment as follows: In lieu of the
matter proposed to be inserted by the Senate
amendment insert the following: That this Act .
may be cited as the "Resource Recovery Act of
1970".
TITLE I—RESOURCE RECOVERY
SEC. 101. Section 202(b) of the Solid Waste
Disposal Act is amended to read as follows:
"(b) The purposes of this Act therefore are—
"(1) to promote the demonstration, construc-
tion, and application of solid waste management
and resources recovery systems which preserve
and enhance the quality of air, water, and land
resources;
"(2) to provide technical and financial assistance
to States and local governments and interstate
agencies in the planning and development of re-
source recovery and solid waste disposal programs;
"(3) to promote a national research and develop-
ment program for improved management tech-
niques, more effective organizational arrangements,
and new and improved methods of collection,
separation, recovery, and recycling of solid wastes,
and the environmentally safe disposal of nonre-
coverable residues;
"(4) to provide for the promulgation of guide-
lines for solid waste collection, transport, separa-
tion, recovery, and disposal systems; and
"(5) to provide for training grants in occupa-
tions involving the design, operation, and mainte-
nance of solid waste disposal systems."
SEC, 102. Section 203 of the Solid Waste Disposal
Act is amended by inserting at the end thereof the
following:
"(7) The term 'municipality* means a city, town,
jorough, county, parish, district, or other public
>ody, created by or pursuant to State law with
responsibility for the planning or administration of
solid waste disposal, or an Indian tribe.
"(8) The term 'intermunicipal agency' means
an agency established by two or more municipalities
with responsibility for planning or administration
of solid waste disposal.
-------
230
LEGAL COMPILATION—SOLID WASTE
"(9) The term 'recovered resources' means ma
terials or energy recovered from solid wastes.
"(10) The term 'resource recovery system' means
a solid waste management system which provide.
for collection, separation, recycling, and recovery
of solid wastes, including disposal of nonrecoverabL
waste residues."
SEC. 103. (a) Section 204(a) of the Solid Waste
Disposal Act is amended to read as follows:
"SEC. 204. (a) The Secretary shall conduct, anc
encourage, cooperate with, and render financia
and other assistance to appropriate public (whether
Federal, State, interstate, or local) authorities
agencies, and institutions, private agencies anc
institutions, and individuals in the conduct of,
and promote the coordination of, research, in-
vestigations, experiments, training, demonstrations,
surveys, and studies relating to—
"(1) any adverse health and welfare effects oi
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
disposal programs;
"(3) the reduction of the amount of such waste
and unsalvageable waste materials;
"(4) 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; and
"(5) the identification of solid waste components
and potential materials and energy recoverable
from such waste components."
(b) Section 204(d) of the Solid Waste Disposal
Act is repealed.
SEC. 104. (a) The Solid Waste Disposal Act is
amended by striking out section 206, by redesig-
nating section 205 as 206, and by inserting after
section 204 the following new section:
"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON
BECOVEBY OF USEFUL ENERGY AND MATERIALS
"SEC. 205. (a) The Secretary shall carry out an
investigation and study to determine—
"(1) means of recovering materials and energy
from solid waste, recommended uses of such mate-
rials and energy for national or international
welfare, including identification of potential
markets for such recovered resources, and the
impact of distribution of such resources on existing
markets;
"(2) changes in current product characteristics
and production and packaging practices which
would reduce the amount of solid waste;
"(3) methods of collection, separation, and con-
tainerization which will encourage efficient utiliza-
tion of facilities and contribute 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 disin-
centives to accelerate the reclamation or recycling
of materials from solid wastes, with special em-
phasis on motor vehicle hulks;
"(6) the effect of existing public policies, includ-
ing subsidies and economic incentives and dis-
incentives, 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 of such incentives and disincentives
upon the reuse, recycling, and conservation of such
materials; and
"(7) the necessity and method of imposing
disposal or other charges on packaging, containers,
vehicles, and other manufactured 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.
The Secretary shall from time to time, but not
less frequently than annually, report the results
of such investigation and study to the President
and the Congress.
"(b) The Secretary is also authorized to carry
out demonstration projects to test and demon-
strate methods and techniques developed pursuant
to subsection (a).
"(c) Section 204 (b) and (c) shall be applicable
to investigations, studies, and projects carried
out under this section."
(b) The Solid Waste Disposal Act is amended
by redesignating sections 207
[p. 35511]
through 210 as sections 213 through 216, re-
spectively, and by inserting after section 206 (as
so redeeignated by subsection (a) of this section)
the following new sections:
"GRANTS FOR STATE, INTERSTATE, AND LOCAL
PLANNING
"SEC. 207. (a) The Secretary may from time to
;ime, upon such terms and conditions consistent
with this section as he finds appropriate to carry
out the purposes of this Act, make grants to State,
.nterstate, municipal, and jntermunicipal agencies,
and organizations composed of public officials
which are eligible for assistance under section
701 (g) of the Housing Act of 1954, of not to exceed
J6f per centum of the cost in the case of an ap-
plication with respect to an area including only
one municipality, and not to exceed 75 per centum
of the cost in any other case, of—
"(1) making surveys of solid waste disposal
practices and problems within the jurisdictional
areas of such agencies and
"(2) developing and revising solid waste dis-
posal plans as part of regional environmental
•rotection systems for such areas, providing for
ecycling or recovery of materials from wastes
henever possible and including planning for the
euse of solid waste disposal areas and studies of
he effect and relationship of solid waste disposal
>ractices on areas adjacent to waste disposal sites;
"(3) developing proposals for projects to be
arried out pursuant to section 208 of this Act, or
"(4) planning programs for the removal and
•recessing of abandoned motor vehicle hulks.
-------
STATUTES AND LEGISLATIVE HISTOBY
231
"(b) Grants pursuant to this section may b
made upon application therefor which—
"(1) designates or establishes a single agenc;
(which may be an interdepartmental agency) as th
sole agency for carrying out the purposes of this
section for the area involved;
"(2) indicates the manner in which provisioi
will be made to assure full consideration of aJ
aspects of planning essential to areawide planninj
for proper and effective solid waste disposal con
sistent with the protection of the public health
and welfare, including such factors as population
growth, urban and metropolitan development, Ian<
use planning, water pollution control, air pollution
control, and the feasibility of regional disposal an<
resource recovery programs;
'' (3) sets forth plans for expenditure of sue)
grant, which plans provide reasonable assurance o
carrying out the purposes of this section;
"(4) provides for submission of such reports o
the activities of the agency in carrying out the
purposes of this section, in such form and containing
such information, as the Secretary may from time
to time find necessary for carrying out the purposes
of this section and for keeping such records anc
affording such access thereto as he may find neces-
sary; and
"(5) provides for such fiscal-control and fund-
accounting procedures as may be necessary to
assure proper disbursement of and accounting for
funds paid to the agency under this section.
"(c) The Secretary shall make a grant under
this section only if he finds that there is satisfactory
assurance that the planning of solid waste disposal
will be coordinated, so far as practicable, with and
not duplicate other related State, interstate, re-
gional, and local planning activities, including
those financed in part with funds pursuant to sec-
tion 701 of the Housing Act of 1954.
"GBANTS FOB RESOURCE RECOVERY SYSTEMS AND
IMPROVED SOLID WASTE DISPOSAL FACILITIES
"SEC. 208. (a) The Secretary is authorized to
make grants pursuant to this section to any State,
municipal, or interstate or intermunicipal agency
for the demonstration of resource recovery systems
or for the construction of new or improved solid
waste disposal facilities.
"(b) (1) Any grant under this section for the
demonstration of a resource recovery system may
be made only if it (A) is consistent with any plans
which meet the requirements of section 207(b)(2)
of this Act; (B) is consistent with the guidelines
recommended pursuant to section 209 of this Act;
(C) is designed to provide areawide resource re-
covery systems consistent with the purposes of
this Act, aa determined by the Secretary, pursuant
to regulations promulgated under subsection (d) of
this section; and (D) provides an equitable system
for distributing the costs associated with construc-
tion, 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) (1) A grant under this section for the con-
struction 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 Secretary for the purposes of
this Act, and (iii) is consistent with the guidelines
recommended under section 209, and
"(B) the project advances the state of the art
by applying new and improved techniques in re-
ducing the environmental impact of solid waste
disposal, in achieving recovery of energy or re-
sources, or in recycling useful materials.
"(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 serving an area
which includes only one municipality, and not
more than 75 percent in any other case.
"(d) (1) The Secretary, within ninety days after
the date of enactment of the Resource Recovery
Act of 1970, shall promulgate regulations establish-
ing a procedure for awarding grants under this
section which—
"(A) provides that projects will be carried out
in communities of varying sizes, under such condi-
tions as will assist in solving the community waste
problems of urban-industrial centers, metropolitan
regions, and rural areas, under representative geo-
graphic 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 Secretary (A) to the public benefits to be de-
rived by the construction and the propriety of
Federal aid in making such grant; (B) to the extent
applicable, to the economic and commercial
viability of the project (including contractual ar-
rangements with the private sector to market any
resources recovered); (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
,rea planning.
"(e) 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
o which subsection (b)(l) applies, the first-year
iperation and maintenance costs;
"(2) may not be provided for land acquisition
>r (except as otherwise provided in paragraph (1)
B)) for operating or maintenance costs;
"(3) may not be made until the applicant has
made provision satisfactory to the Secretary for
>roper and efficient operation and maintenance of
be project (subject to paragraph (1)(B)); and
"(4) may be made subject to such conditions
nd requirements, in addition to those provided to
n this section, as the Secretary may require to prop-
rly carry out his functions pursuant to this Act.
'or purposes of paragraph (1), the non-Federal
aare may be in any form, including, but not
-------
232
LEGAL, COMPILATION—SOLID WASTE
limited to, lands or interests therein needed fo
the project or personal property or services, th
value of which shall be determined by the Secretary
"(f) (1) Not more than 15 percent of the tota
of funds authorized to be appropriated under sec.
tion 216(a) (3) for any fiscal year to carry out thi
section shall be granted under this section fo
projects in any one State.
"(2) The Secretary shall prescribe by regulation
the manner in which this subsection shall apply tc
a grant under this section for a project in an area
which includes all or part of more than one State.
"RECOMMENDED GUIDELINES
"SEC. 209. (a) The Secretary shall, in cooperation
with appropriate State, Federal, interstate, regional
and local agencies, allowing for public comment by
other interested parties, as soon as practicable after
the enactment of the Resource Recovery Act o:
1970, recommend to appropriate agencies am
publish in the Federal Register guidelines for solid
waste recovery, collection, separation, and disposa
systems (including systems for private use), which
shall be consistent with public health and welfare
and air and water quality standards and adaptable
to appropriate land-use plans. Such guidelines shal
apply to such systems whether on land or water anc
shall be revised from time to time.
"(b) (1) The Secretary shall, as soon as prac-
ticable, recommend model codes, ordinances, anc
statutes which are designed to implement this
section and the purposes of this Act.
"(2) The Secretary shall issue to appropriate
Federal, interstate, regional, and local agencies in-
formation on technically feasible solid waste collec-
tion, separation, disposal, recycling, and recovery
methods, including data on the cost of construction,
operation, and maintenance of such methods.
"GRANTS OB CONTRACTS FOB TRAINING PROJECTS
"SEC. 210. (a) The Secretary is authorized to
make grants to, and contracts with, any eligible
organization. For purposes of this section the term
'eligible organization' means a State or interstate
agency, a municipality, educational institution, and
any other organization which is capable of ef-
fectively carrying out a project which may be
funded by grant under subsection (b) of this section.
"(b) (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
Secretary, 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 combine training, education, and em-
ployment) for training persons for occupations
involving the management, supervision, design,
operation, or maintenance of solid waste disposal
and resource recovery equipment and facilities; or
"(B) to train instructors and supervisory per-
sonnel to train or supervise persons in occupations
involving the design, operation, and maintenance
of solid waste o iposal and resource recovery
equipment and faci ties.
"(2) A grant or contract authorized by para-
graph (1) of this subsection may be made only
upon application to the Secretary no such applica-
tion shall be approved unless at such time or times
and containing such information as he may pre-
scribe, except that it provides for the same proce-
dures and reports (and access to such reports and to
other records) as is required by section 207 (b)
[p. 35512]
(4) and (5) with respect to applications made
under such section,
"(e) The Secretary shall make a complete in-
vestigation 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 re-
covery programs;
"(2) means of using existing training programs
to train such personnel; and
"(3) the extent and nature of obstacles to em-
ployment and occupational advancement in the
solid waste disposal and resource recovery field
which may limit either available manpower or the
advancement of personnel in such field.
He shall report the results of such investigation and
study, including his recommendations to the
President and the Congress not later than one
year after enactment of this Act.
"APPLICABILITY OF SOLID WASTE DISPOSAL GUIDE-
LINES TO EXECUTIVE AGENCIES
"SEC. 211. (a) (l)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 disposal activities, or
"(B) 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
disposal activities,
;hen such agency shall insure compliance with the
;uidelines recommended under section 209 and
he purposes of this Act in the operation or admin-
istration of such property or facility, or the per-
ormance 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
uch agency, would require a permit or license from
uch agency in order to dispose of such solid waste,
hall insure compliance with such guidelines and
he purposes of this Act in conducting such activity.
"(3) Each Executive agency which permits the
use of Federal property for purposes of disposal of
olid waste shall insure compliance with such guide-
ines and the purposes of this Act in the disposal of
uch waste.
"(4) The President shall prescribe regulations
o carry out this subsection.
"(b) Each Executive agency which issues any
cense or permit for disposal of solid waste shall,
rior to the issuance of such license or permit,
-------
STATUTES AND LEGISLATIVE HISTORY
233
consult with the Secretary to insure complianc
with guidelines recommended under section 20°
and the purposes of this Act.
"NATIONAL DISPOSAL SITES STUDY
"SEC. 212. The Secretary shall submit to th
Congress no later than two years after the date o
enactment of the Resource Recovery Act of 197C
a comprehensive report and plan for the creation
of a system of national disposal sites for the storag
and disposal of hazardous wastes, including radio
active, toxic chemical, biological, and other waste
which may endanger public health or welfare
Such report shall include: (1) a list of material
which should be subject to disposal in any sue]
site; (2) current methods of disposal of sue)
materials; (3) recommended methods of reduction
neutralization, recovery, or disposal of such mate
rials; (4) an inventory of possible sites including
existing land or water disposal sites operated or
licensed by Federal agencies; (5) an estimate of the
cost of developing and maintaining sites including
consideration of means for distributing the short-
and long-term costs of operating such sites among
the users thereof; and (6) such other information as
may be appropriate."
(c) Section 215 of the Solid Waste Disposal Ac1
(as so redesignated by subsection (b) of this section]
is amended by striking out the heading thereof anc
inserting in lieu thereof "GENERAL PROVISIONS"; by
inserting "(a)" before "Payments"; and by adding
at the end thereof the following:
"(b) No grant may be made under this Act to
any private profitmaking organization."
SEC. 105. Section 216 of the Solid Waste Dis-
posal Act (as so redesignated by section 104 of this
Act) is amended to read as follows:
"SEC. 216. (a) (1) There are authorized to be ap-
propriated to the Secretary of Health, Education,
and Welfare for carrying out the provisions of this
Act (including, but not limited to, section 208), not
to exceed $41,500,000 for the fiscal year ending
June 30, 1961.
"(2) There are authorized to be appropriated
to the Secretary of Health, Education, and Welfare
to carry out the provisions of this Act, other than
section 208, not to exceed $72,000,000 for the fiscal
year ending June 30, 1972, and not to exceed
$76,000,000 for the fiscal year ending June 30, 1973.
"(3) There are authorized to be appropriated to
the Secretary of Health, Education, and Welfare to
carry out section 208 of this Act not to exceed
$80,000,000 for the fiscal year ending June 30,
1972, and not to exceed 8140,000,000 for the fiscal
year ending June 30, 1973.
"(b) There are authorized to be appropriated to
the Secretary of the Interior to carry out thia Act
not to exceed $8,750,000 for the fiscal year ending
June 30, 1971, not to exceed $20,000,000 for the
fiscal year ending June 30, 1972, and not to exceed
$22,500,000 for the fiscal year ending June 30,
1973. Prior to expending any funds authorized to
be appropriated by this subsection, the Secretary
of the Interior shall consult with the Secretary of ,
Health, Education, and Welfare to assure that i
the expenditure of such funds will be consistent
with the purposes of this Act.
"(c) Such portion as the Secretary may deter-
mine, but not more than 1 per centum, of any
appropriation for grants, contracts, or other pay-
ments under any provision of this Act for any
fiscal year beginning after June 30, 1970, shall be
available for evaluation (directly, or by grants or
contracts) of any program authorized by this Act.
"(d) Sums appropriated under this section shall
remain available until expended."
Mr. RANDOLPH. Mr. President, I in-
vite the Senate's attention to the con-
ference report on the Resource Recovery
Act of 1970. This legislation, passed by
the Senate in early August, represents a
[p. 35513]
dramatic reorientation of the Federal effort
in solid waste management.
This bill, H.R. 11833, extends for 3
years and extensively rewrites the Solid
Waste Disposal Act of 1965. By shifting
the emphasis from conventional waste
disposal to the recycling and recovery of
materials and energy from solid waste, this
act represents an important step toward
the alleviation of current solid waste prob-
lems and the long-range conservation and
protection of the environment.
The Senate and House versions were
similar in content and approach. The
Senate bill originally was S. 2005, intro-
duced by Senator MUSKIB, chairman of
;he Subcommittee on Air and Water Pollu-
tion, myself, and other members of the
Committee on Public Works. The House
)ill was introduced by Representative
PAUL ROGERS. The primary differences
were in authorization figures, in the
Senate's treatment of the Bureau of Mines
nvolvement in solid waste, and in the
contrast between the House's program
or the construction of solid waste disposal
acilities and the Senate's demonstration
}f areawide resource recovery systems.
The conference substitute authorizes
460,750,000 over 3 fiscal years for new
and expanded programs under the Solid
Waste Disposal Act, as well as $2 million
o support a 2-year study by the National
Commission on Materials Policy proposed
y Senator BOGGS.
The Bureau of Mines in the Department
-------
234
LEGAL COMPILATION—SOLID WASTE
of the Interior would continue its role in
research on metal and mineral solid waste
problems, subject to consultation with the
Administrator of the Environmental Pro-
tection Agency to assure consistency with
the purposes of the Solid Waste Disposal
Act. The conference substitute authorizes
for the Secretary of the Interior $8.75
million in fiscal year 1971, $20 million in
fiscal year 1972, and $22.5 in fiscal year
1973.
As reported by the conference, the legis-
lation follows the House and Senate
mandate in expanding the basic Federal
research program to emphasize resource
recovery, and in authorizing in a new
section 205 a study of important issues re-
lated to recycling. These issues—means of
recovering materials and energy, changes
in production and packaging practices,
including disposal charges, to reduce
wastes; the use of Federal procurement to
develop market demand for recovered re-
sources; and incentives and disincentives
to recycling, including tax policies—were
part of a 2-year study hi a separate title
in the Senate bill. The conference substi-
tute makes it an ongoing study with
annual reports. It should be clear that
under this language, the Administrator
would have authority comparable to that
hi section 204 to demonstrate at pilot scale
any of the fruits of this study.
The conference substitute also provides
for an expanded planning grant program
which combines the similar language of
the two bills. Grants for planning activities
would be extended to municipal and inter-
municipal agencies, where only State and
interstate agencies are presently aided.
These grants would include funds to
prepare proposals for resource recovery
systems demonstration grants and pro-
grams for the removal and processing of
abandoned motor vehicle hulks. Grants
for the implementation of plans, proposed
by the House bill, have been dropped. The
Federal share of planning grants is 66 f
percent for single municipalities and 75
percent in all other cases.
The Senate bill proposed to add several
sections to the act, which have been
adopted in substance by the conference:
a program of training grants for personnel
in the design, operation, and maintenance
of solid waste disposal and resource
recovery equipment and facilities; a na-
tional disposal sites study; guidelines and
technical information on solid waste han-
dling to be published by the Administrator
of the Environmental Protection Agency;
and a requirement of compliance by
Federal facilities and federally licensed
activities with these guidelines.
The most important element of the con-
ference report is the treatment of demon-
stration and construction grants. Rather
than stay with a program of demonstrating
resource recovery systems, as the Senate
proposed, or a categorical construction
grant program as in the House bill, the
conferees blended the two into a sharply
focused program for funding innovations
in solid waste management.
The conference substitute authorizes
grants for the construction of new or im-
proved solid waste disposal facilities and
the demonstration of resource recovery
systems. These grants could reach 75
percent of the total design and construc-
tion costs, except that a single munici-
pality constructing a facility—rather than
a system—could receive only 50 percent.
In the system demonstration projects,
first-year operation and maintenance costs
would also be eligible for funding.
All projects under this combined section
208 approach must be consistent with the
guidelines called for by this act and with
any planning for the area involved.
The combination of these approaches
gives the solid waste disposal program
maximum flexibility. Long-term solutions
must rely on recycling; immediate im-
provements can be made in such sub-
systems as collection, transportation,
processing, separation, and recovery or
disposal.
In fiscal 1971, the conference substitute
authorizes 141.5 million to carry out this
section 208 and the other activities under
the act. This will also give the Adminis-
trator the greatest possible flexibility
to commit as much money as possible in
-------
STATUTES AND LEGISLATIVE HISTORY
235
fiscal 1971 for resource recovery system
and solid waste disposal facilities, ye
utilize as much as necessary for othe
functions.
In fiscal year 1972, $80 million is au
thorized specifically for section 208 demon
stration and construction grants, wit!
$72 million for other activities. For fisca
1973, $140 million is authorized for section
208, and $76 million for the remainder o
the act. Of this money, no more than 1
percent of the authorization for section 20£
in any 1 year can be granted in any on
State.
Title II of the conference substitute
is the amendment Senator BOGGS offeree
originally to the Senate bill. This creates
a National Commission on Materials
Policy, which would report by June 23;
1973, on future materials requirements.
means for the extraction, developmenl
and use of materials susceptible to re-
cycling or nonpolluting disposal, and the
proper governmental agency to imple-
ment the national materials policy it
recommends.
Mr. President, this conference report
represents a valuable accommodation of
the different approaches of the House and
Senate. As chairman of the conference and
of the Committee on Public Works, I
wish to personally and officially stress
that we have given an important redirec-
tion of the Federal effort in solid waste
management from conventional disposal
to innovative techniques of management
and recycling of resources.
STATEMENT BY SENATOR MUSKIE
Mr. President, the knowledgeable chair-
man of our Subcommittee on Air and
Water Pollution is necessarily absent this
afternoon.
At the request of the distinguished
junior Senator from Maine (Mr. MUSKIE),
I ask unanimous consent that there be
printed at this point in the RECORD a
statement prepared by the Senator from
Maine with reference to this matter. The
Senator from Maine was one of the
conferees.
There being no objection, Senator
MUSKIE'S statement was ordered to be
printed in the RECOBD, as follows:
STATEMENT OF SENATOR MUBKIE
Mr. President, the conference report on the
Resource Recovery Act of 1970 combines the most
useful and imaginative approaches to solid waste
management included in the House bill, sponsored
by Representative Paul Rogers, and the Senate
bill, which I initially introduced and which was
improved by the Subcommittee on Air and Water
Pollution and the Senate Committee on Public
Works.
Section 208 of the conference substitute for
H.R. 11833 reflects the concern of the Rogers bill
for funding innovative solid waste disposal facilities
as well as the need to demonstrate areawide re-
source recovery systems.
Under Section 208 grants would be available to
municipalities, States, or interstate or inter-
municipal agencies to construct improved solid
waste disposal facilities or to demonstrate area-
wide resource recovery systems. An improved solid
waste disposal facility is one which advances the
state of the art by applying new or improved
techniques for reducing the environmental impact
of solid waste. These facilities would be eligible for
a Federal grant of 50% of the cost of construction
'.n the case of a single municipality and 75% for
other projects.
Resource recovery systems are eligible for 75%
of the costs of design, construction, and first-year
operation and maintenance costs. They must also
nclude a means for distributing the costs among
the users of the system.
The conferees authorized $80 million for fiscal
972 and S140 million in fiscal 1973. No more than
5% of the annual authorization could be granted
n any one State. While the conference bill does
,ot specifically authorize funds for Section 208 in
fiscal 1971, funds are available from the &41.5
million authorization for Section 208 grants to be
allocated among States as demands require.
The total authorization figures in the conference
ubstitute are basically those proposed by Repre-
entative Rogers' bill, scaled to what will be needed
n fiscal 1971. In addition to the $41.5 million in
fiscal 1971 and
[p. 35514]
he specific sums for section 208, the bill authorizes
72 million for fiscal 1972 and $76 million for fiscal
973 for the remainder of the programs under the
olid Waste Disposal Act.
The Senate bill had eliminated the Act's separate
uthorization to the Secretary of the Interior for
he Bureau of Mines' research in metal and mineral
olid waste problems. The conference substitute
.ccepts the position of the House, and authorizes
or the Secretary of the Interior $8.75 million in
fiscal 1971, $20.0 million in fiscal 1972, and $22.5
illion in fiscal 1973, but requires that the Secre-
-------
236
LEGAL COMPILATION—SOLID WASTE
tray consult with the Administrator of EPA before
committing funds to any solid waste disposal
project.
Several sections which the Senate bill added to
the Act were accepted by the conference. These
included a program of training grants, a national
disposal sites study, and a requirement for com-
pliance, with solid waste guidelines included in
both House and Senate proposals, by Federal
facilities and Federally licensed activities.
The language of the House and Senate bills was
similar on amendments to the research and planning
grants section of the Act. The conference agreement
generally follows the House language for planning
grants, except to add provision for grants to de-
velop proposals for demonstration and construction
grants and provision to plan programs for the re-
moval of abandoned motor vehicles, which the
Senate bill proposed. The conference agreement de-
leted provision for grants for the implementation of
plans included in the House bill.
The conference also accepted Title II of the
Senate bill, establishing the National Commission
on Materials Policy. This was the amendment
offered by Senator J. Caleb Boggs. It authorized
the Commission to study and report by June 30,
1973 on materials policy and to ascertain which
agency of the government should be responsible, on
a continuing basis for implementing that policy.
The Title includes an authorization of $2 million.
Senator Jennings Randolph, Chairman of the
Senate Committee on Public Works and Chairman
of the conference committee, deserves special
recognition for his effort both in the formulation
of the original Senate bill and in this agreement.
The Resource Recovery Act of 1970 will be a
major weapon in the battle against the "third
pollution." If adequate funding and manpower are
provided for this program important steps can be
taken to abate a growing menace to our water, air
and land resources. The diseases that inadequate
solid waste management foster and the aesthetic
blight of litter and dumps can be eliminated.
These are the goala of this legislation. Its im-
portance should be underscored. Once again
Congress has taken the lead to deal with a difficult
environmental problem. I urge adoption of the
conference report.
Mr. BOGGS. Mr. President, will the
Senator yield?
Mr. RANDOLPH. Mr. President, I am
delighted to yield to the distinguished
Senator from Delaware.
Mr. BOGGS. Mr. President, I rise to
express my support for the report by the
committee on conference on H.R. 11833,
the Resource Recovery Act of 1970.
There are numerous aspects of this
legislation that are of great importance to
the Nation. However, I should like to con-
fine my remarks to two aspects in the
legislation.
First, I wish to discuss the funds au-
thorized under section 208 for grants to
demonstrate and construct innovative fa-
cilities and systems for resource recovery
systems and solid waste disposal. No
specific sum is authorized for this program
during the current fiscal year. This decision
was taken due to the uncertainty as to
the number of States and cities that could
prepare proposals in the remaining few
months of fiscal year 1971. A total of
$41,500,000, however, is authorized for
the entire bill during fiscal year 1971. I
anticipate that the Bureau of Solid Waste
Management would seek a significant sum,
possibly as much as $20 million, to support
section 208 projects this fiscal year, for
section 208 lies at the heart of what this
legislation seeks to accomplish.
There is a great need to seek techno-
logically innovative systems and facilities
for the purpose of resource recovery and
solid waste disposal. The need was amply
demonstrated during extensive hearings
on the subject by our Committee on
Public Works, and I am convinced we
must move ahead rapidly on this subject.
In addition, Mr. President, I wish to
note title II of this bill. This title ap-
peared in the bill passed by the Senate.
It creates a National Commission on Ma-
terials Policy to examine and analyze the
need for a national materials policy. The
committee on conference added to the
Senate language a requirement that the
Commission make recommendations on
which Federal agency is best equipped
to oversee, on a continuing basis, the
implementation of the national materials
policy once the Commission's activities
cease. This directive was implicit in the
original Senate bill. Nevertheless, I believe
the new language is helpful as it makes
this directive more specific.
Again, Mr. President, I wish to com-
mend the members of the committee on
conference for their work on this bill.
The chairman of the full committee (Mr.
RANDOLPH) was particularly effective in
lis arguments in support of the Senate
-------
STATUTES AND LEGISLATIVE HISTORY
237
position. I commend him. I also wish to
thank the Members of the House who
served on the committee on conference
for their most helpful and effective effort
in seeking to resolve the differences be-
tween our two bills.
This bill, H.R. 11833, should prove to
be a landmark in our effort to reduce solid
waste and thus enhance our environment,
I commend it to my colleagues.
Mr. COOPER. Mr. President, although
not a member of the conference committee
on the bill, H.R. 11833, the Resource
Recovery Act of 1970, as ranking minority
member of the Committee on Public
Works, I want to commend the Senate
conferees for bringing back this important
bill in basically the same form as it passed
the Senate.
This represents the second major piece
of environmental legislation coming from
the Committee on Public Works this ses-
sion, the other being the Water Quality
Improvement Act of 1970 signed into law
in April. In addition, the committee is
presently in conference with the House
on the National Ambient Air Quality
Standards Act of 1970 which passed the
Senate last month.
As the environmental problems grow,
the legislative response becomes more
difficult and complex and the committee
has been steadfastly working toward pro-
viding responsive legislation. I expect that
when we resume after the elections we will
consider water pollution legislation, thus
rounding out a very successful and his-
torically significant session of Congress
with respect to the environment.
The committee, particularly the chair-
man, Senator RANDOLPH, the subcom-
mittee chairman, Senator MUSKIB, and
Senator BOGGS, the ranking minority
member of the Subcommittee on Air and
Water Pollution, all of whom served as
conferees, and Senators BAKER and
EAGKETON, who were also conferees de-
serve special credit. One of the trademarks
of the Committee on Public Works has
been the bipartisan nature of its activity
and the fact that all members participate
fully. Even in these difficult tunes this
pattern has been adhered to and the entire
committee stands as an outstanding ex-
ample of how the legislative process can
and should work.
Mr. BAKER, Mr. President, the Senate
members of the conference committee on
H.R. 11833 have brought back to the
Senate a bill which in all substantial re-
spects parallels the bill passed by the
Senate on July 31.
As several members of the Committee
on Public Works pointed out on the floor
when the bill was passed, this is very
important legislation in that it recog-
nizes the urgent needs of the country in
the management of solid waste while being,
at the same time, fiscally responsible.
The conference bill is consistent with
these purposes. In only one respect has
there been significant change from the
Senate version of the bill, and that change
results from the incorporation of certain
elements of the House bill providing for
the construction of new and improved
solid waste facilities. There is no intention
on the part of the conference committee
that this bill be construed as establishing
a new categorical grant-in-aid program
under which every community in the
Nation would be eligible for Federal con-
struction assistance. The bill does provide,
however, for Federal assistance designed
to stimulate the development of new sys-
tems and technology necessary to respond
to the growing solid waste crisis. Following
the experience gained under this federally
assisted research and development pro-
gram, systems and technology will be
available for general application at a
later date.
The conference bill is consistent with the
report of the Public Works Committee
ihat accompanied the Senate bill. I ask
unanimous consent that there be printed
at this point in the RECORD pertinent
excerpts from that report.
There being no objection, the excerpts
rom the report were ordered to be printed
in the RECORD, as follows:
HE8OUBCE BECOVEBY SYSTEMS
After analysis of the completed hearing record
on pending solid waste legislation, particularly
-------
238
LEGAL COMPILATION—SOLID WASTE
testimony on Section 208 of the bill, the Com-
mittee determined that the authorization of a new
unrestricted construction grant program for solid
waste disposal is not justified at this time. As the
bill reported from the Committee clearly reflects,
there is an urgent need to redirect the thrust of
waste management from disposal to the maximum
recovery of reusable materials and energy. The
authorization of a construction grant program at
this time could result in a massive commitment to
presently available technology oriented towards
disposal. To avoid stimulating investment in in-
adequate technology the Committee has substituted
a system demonstration provision for the proposed
construction grant provision.
At the same time the Committee recognizes that
many communities across the Nation, particularly
rural and small municipalities, have severe waste
disposal problems, with constraints on past practices
of waste management resulting from compliance
with air and water quality standards. The cost and
administration of disposal techniques such as sani-
tary land fill and modern incineration are expenses
that should be borne by the producers of such waste,
whether industrial or residential household.
The Committee does recognize that information
regarding technology developed in part pursuant
to the Solid Waste Disposal Act of 1965 regarding
sanitary landfill and improved incineration has not
been generally available to the communities
throughout the Nation. Therefore, Section 209(c)
of the reported bill would authorize a greatly ex-
panded information dissemination function for the
Secretary, so that all areas of the Nation can
benefit from knowledge of sound waste management
practices and technology currently available.
Consistent with the judgment that the Nation
cannot afford merely to dispose of the tremendous
volume of material that is generated by our in-
dustrial and consuming society, especially in urban
concentrations, and recognizing further that a
great deal of research has been done on resources
recovery, the Committee has substituted for the
construction grant proposal a new program of
grants to municipalities to achieve demonstration
of resources recovery systems on an areawide basis.
This program is designed to stimulate, in the
shortest time, the development of systems of tech-
nology necessary to manage growing volumes of
community wastes and achieve maximum recovery
of materials and energy from such wastes.
Throughout the hearings on resources recovery,
testimony was received describing various tech-
nologies and systems to achieve resources recovery.
The Committee believes it is urgent national
policy to move these proposals into actual applica-
tion and operation in as many different areas, from
large metropolitan complexes to smaller communi-
ties, as necessary to demonstrate innovative and
responsive resources recovery systems. Such systems
can then be applied, as appropriate, to all areas of
the country in which similar problems exist.
The program would provide 75 percent Federal
assistance to develop and construct advanced
systems of resources recovery in various categories
of communities established by the Secretary in
order to demonstrate systems applicable in different
urban and rural conditions.
It is the Committee's intent that the program
authorized shall be one which will, in many re-
spects, parallel the type of research and develop-
ment procurement conducted by the Department
of Defense and the National Aeronautics and
Space Administration in the sense that the Secre-
tary is authorized to promulgate regulations de-
scribing the categories of systems for which appli-
cations will be received, specifying that such
applications are to be received by a certain date
and further establishing guidelines for review of
such applications.
Grants are to be awarded only to those applica-
tions which the Secretary finds to be clearly su-
perior with respect to the system of resources
recovery proposed, the economics of the system
and, the potential for general application for solu-
tion of the myriad of waste problems. It should be
emphasized that the selection procedure, thereby
established is not competition based strictly upon
low cost, but rather is competition to stimulate
innovative systems, of general application which
are both economically and commercially viable and
which recover the maximum amount of materials
and energy.
The Committee was particularly impressed with
testimony received in San Francisco describing a
proposed municipal resources recovery system for
the San Francisco Peninsula area, and the ad-
vanced state of development which that system
proposes. The Committee received many other
impressive descriptions and displays. It is the
Committee's judgment that well researched meth-
ods, similar to those described in California, should
be given an en-site demonstration application as
soon as possible. The Nation can no longer afford
to await more study and analysis and must move
from the great deal of information presently avail-
able to full scale demonstration of recovery systems.
It is expected by the Committee that responsible
government officials in municipalities and com-
munities across the country will take advantage of
the program proposed in the bill and will develop
proposals for the most advanced and responsive
systems imaginable, for consideration by the
Secretary. The Committee encourages such munici-
palities to work very closely with relevant private
industry talent and resources through contract or
otherwise, to develop systems which will provide
increased public service in waste management,
combined with maximum recovery of materials
and energy in such waste and economic viability
through the use of user charges and markets for
recovered material and energy.
The Committee looks upon the proposed demon-
stration grant program as a method of stimulating
not just the development of technology and its
areawide application, but it will also cause com-
munities to study their own circumstances with
respect to waste management. Through such
studies, communities will be able to provide better
public service to their citizens in the future and
be in a position to apply systems that are de-
veloped pursuant to these demonstration grants as
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STATUTES AND LEGISLATIVE HISTORY
239
they become available. The Committee hopes that
communities will take immediate advantage of
this program, and seeks to encourage that result
by Section 207 (a) (3) of the reported bill, which
would authorize Federal assistance to develop pro-
posals for resource recovery demonstration grants
for submission to the Secretary.
The PRESIDING OFFICER. The
question is on agreeing to the conference
report.
The conference report was agreed to.
[p. 35516]
l.ld (4)(d) Oct.
36587-36588
13: House agreed to conference report, pp.
CONFERENCE REPORT ON H.R
11833, RESOURCE RECOVERY
ACT OF 1970
Mr. STAGGERS. Mr. Speaker, I cal
up the conference report on the bill (H.R
11833) to amend the Solid Waste Disposa
Act in order to provide financial assistance
for the construction of solid waste disposa
facilities, to improve research programs
pursuant to such act, and for other pur-
poses, and ask unanimous consent that the
statement of the managers on the part of
the House be read in lieu of the report.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from West
Virginia?
There was no objection.
The Clerk read the statement.
(For conference report and statement,
see proceedings of the House of Oct. 7,
1970.)
Mr. STAGGERS (during the reading).
Mr. Speaker, I ask unanimous consent
that the statement of the managers be
considered as read.
The SPEAKER. Is there objection to
the request of the gentleman from West
Virginia?
There was no objection. /
The SPEAKER. The gentleman from
West Virginia is recognized for 1 hour.
Mr. STAGGERS. Mr. Speaker, this
legislation passed the House on June 23,
1970, by a vote of 377 to 0. The Members
of the House will be glad to learn that
the Members of the other body have al-
ready agreed to accept four of the most
important features of the Resource Re-
covery Act of 1960, as passed by the
House.
First, the program will be limited to
a 3-year period—fiscal years 1971, 1972,
and 1973—instead of a 4-year period as
called for in the bill originally passed by
the other body. This shorter period will
give the Congress an opportunity to review
the program after it has been operating
for about 2 years before deciding whether
it should be extended in its present form
or modified in some respects.
Second, the other body accepted the
appropriation authorizations provided for
in the House bill for fiscals 1972 and 1973,
but agreement was reached to cut ap-
propriations for fiscal year 1971 by 50
percent. This is justified in view of the
fact that only approximately 6 months
are still left of the present fiscal year, and
therefore, few if any funds are likely to be
needed to pay for major construction
projects that would be authorized by this
Legislation.
[p. 36587]
Third, the other body agreed to au-
ihorize construction grants for new or
.mproved solid waste disposal facilities.
Such projects must advance the state of
.he art by applying new and improved
techniques designed to reduce the en-
vironmental impact of solid waste disposal,
to achieve recovery of energy or resources
or to recycle useful materials. The projects
would be carried out in communities of
varying sizes in order to assure that the
state of the art be developed so as to solve
3ommunity waste problems of urban-in-
lustrial centers, metropolitan regions as
well as rural areas, under representative
geographic and environmental conditions.
Fourth, the bill agreed to by the con-
-------
240
LEGAL COMPILATION—SOLID WASTE
ferees would retain the present authority
of the Secretary of the Interior with regard
to solid waste disposal research related to
fossil fuels and minerals as was provided
in the House bill. The bill as passed by the
other body would have eliminated this
separate authority and placed responsi-
bility for all solid waste activities in the
Secretary of Health, Education, and
Welfare.
The House conferees have agreed to
accept provisions which were contained in
the bill as passed by the other body and
which provide for the following:
Demonstration grants for resource re-
covery systems,
Grants for training of personnel,
A national disposal sites study, and
The creation of a temporary National
Commission on Materials Policy.
I firmly believe that the bill agreed to
by the conferees constitutes an improve-
ment over the bills passed by the two
bodies, and I urge Members of the House
to approve the conference report. In so
doing we shall take an important step in
advancing the handling of solid waste in
this country. The increasing amounts of
solid waste present difficult problems for
our citizens throughout the country re-
gardless of the size of the communities
hi which they live. These problems must
be tackled energetically and the legislation
before us will make this possible.
Mr. Speaker, I yield such time as he
may use to the gentleman from Illinois
(Mr. SPRINGER).
Mr. SPRINGER. Mr. Speaker, this is
what would be known in better parlance
as the Solid Waste Disposal Act of 1970.
It was debated at great length on the floor
as to how we would go about handling
solid wastes of all kinds. I will admit that
most of this problem occurs in the cities.
I am talking about the towns of 20,000 to
25,000 on up to those with millions of
people. I do not mean that it is of no im-
portance in communities of less than that,
because I think we will be able to adapt
some of these recycling devices which we
are experimenting with now for use in
communities of all sizes. However, it is
in the larger cities that we are having the!
most argument on how to cope with this
problem.
I believe that we made what I deem
to be a fair compromise with the Senate.
This is substantially the House bill. We
did keep the emphasis on improvement.
In other words, if a grant is made, then
that amount of money must be spent in an
effort to improve a technique already in
existence. We have not yet reached the
point where we are making grants to com-
munities to follow on with what somebody
else has done but are still in the experi-
mental stage of making grants in order to
improve systems. We are not making
grants to copy systems already in
existence.
Mr. Speaker, we made only one change
in this whole effort. The change was that
if there is a grant made to improve an
existing system, then they could install
the existing system if they had an effort
made also to improve on that system and
make it show that through that effort it
would be done.
The authorization is $48.25 million less
than it was when it left the House.
I believe we made a good compromise
with the Senate. I believe this is a good
conference report and ought to be
approved.
Mr. HALL. Mr. Speaker, will the gen-
tleman yield?
Mr. SPRINGER. I will be glad to yield
to the gentleman from Missouri.
Mr. HALL. Mr. Speaker, I wanted to
ask the distinguished gentleman, my col-
league from Illinois, if he can confirm the
statement that in this conference report
there is no delegation of the powers of
the Congress and that anything added by
the other body is germane? The gentleman
has already confirmed the fact that there
is no increase in cost. In fact, there is a
decrease.
Mr. SPRINGER. The gentleman is cor-
rect. There is no extraneous matter in this
conference report.
Mr. STAGGERS. Mr. Speaker, I yield
3 minutes to the gentleman from Florida
(Mr. ROGERS).
Mr. ROGERS of Florida. Mr. Speaker,
I rise to urge the House to adopt the con-
-------
STATUTES AND LEGISLATIVE HISTORY
241
ference report on H.R. 11833, the Solid
Waste Disposal Act.
All too little attention has been given
to the problem of land misuse and the
resulting spoilage of our environment be-
cause of the mismanaged and obsolete
disposal of our solid waste.
Despite the enormous amount of solid
waste we annually produce, we have been
overlooking the eventual consequences
that will result if we do not halt the present
practice of dumping our garbage and other
wastes in dumps and other such areas.
In H.R. 118331 think we have preserved
the main points in the House bill. We give
the main thrust of the legislation to finding
new and innovative methods of disposing
of our solid waste and at the same time
put this theory, if sound, to practical use
through construction grants to the States
and municipalities.
I think that this bill will prove to be the
first step of significance in bringing into
control the mountains of waste which we,
as an affluent, user-Nation are producing.
Of course the main object is to produce
some type of recycling which will allow us
to become more complete users and thus
eliminate waste altogether.
I hope that my colleagues will join with
me and the committee in voting for pas-
sage of the conference report with the same
enthusiasm as when this House passed the
original bill.
Mr. STAGGERS. Mr. Speaker, I move
the previous question on the conference
report.
The previous question was ordered.
The conference report was agreed to.
A motion to reconsider was laid on the
table.
[p. 36588]
-------
1.2 CONTRACTS: ACQUISITION, CONSTRUCTION, OR FUR-
NISHING OF TEST FACILITIES AND EQUIPMENT,
AS AMENDED
10 U.S.C. §2353
10 § 2353
(a) A contract of a military department for research or devel-
opment, or both, may provide for the acquisition or construction
by, or furnishing to, the contractor, of research, developmental,
or test facilities and equipment that the Secretary of the military
department concerned determines to be necessary for the per-
formance of the contract. The facilities and equipment, and spe-
cialized housing for them, may be acquired or constructed at the
expense of the United States, and may be lent or leased to the
contractor with or without reimbursement, or may be sold to him
at fair value. This subsection does not authorize new construc-
tion or improvements having general utility.
(b) Facilities that would not be readily removable or separa-
ble without unreasonable expense or unreasonable loss of value
may not be installed or constructed under this section on prop-
erty not owned by the United States, unless the contract
contains—
(1) a provision for reimbursing the United States for the
fair value of the facilities at the completion or termination
of the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the under-
lying land; or
(3) an alternative provision that the Secretary concerned
considers to be adequate to protect the interests of the United
States in the facilities.
(c) Proceeds of sales or reimbursements under this section
shall be paid into the Treasury as miscellaneous receipts, except
to the extent otherwise authorized by law with respect to prop-
erty acquired by the contractor. Aug. 10, 1956, c. 1041, 70A
Stat. 134.
242
-------
STATUTES AND LEGISLATIVE HISTORY 243
1.2a AN ACT TO REVISE, CODIFY, AND ENACT INTO LAW,
TITLE X OF THE UNITED STATES CODE
August 10,1956, §2353 70A Stat. 134
§2353. Contracts: acquisition, construction, or furnishing of test
facilities and equipment
(a) A contract of a military department for research or development,
or both, may provide for the acquisition or construction by, or furnish-
ing to, the contractor, of research, developmental, or test facilities and
equipment that the Secretary of the military department concerned
determines to be necessary for the performance of the contract. The
facilities and equipment, and specialized housing for them, may be
acquired or constructed at the expense of the United States, and may
be lent or leased to the contractor with or without reimbursement, or
may be sold to him at fair value. This subsection does not authorize new
construction or improvements having general utility.
(b) Facilities that would not be readily removable or separable with-
out unreasonable expense or unreasonable loss of value may not be
installed or constructed under this section on property not owned by
the United States, unless the contract contains—
(1) a provision for reimbursing the United States for the fair
value of the facilities at the completion or termination of the con-
tract or within a reasonable time thereafter;
(2) an option in the United States to acquire the underlying
land; or
(3) an alternative provision that the Secretary concerned con-
siders to be adequate to protect the interests of the United States
in the facilities.
(c) Proceeds of sales or reimbursements under this section shall be
paid into the Treasury as miscellaneous receipts, except to the extent
otherwise authorized by law with respect to property acquired by the
contractor.
[p. 134]
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244 LEGAL COMPILATION—SOLID WASTE
1.2a (1) HOUSE COMMITTEE ON THE JUDICIARY
H.R. REP. No. 970, 84th Cong., 1st Sess. (1955)
REVISION OF TITLE 10, U.S. CODE, ENTITLED "ARMED
FORCES", AND TITLE 32, U.S. CODE, ENTITLED "NATIONAL
GUARD"
JUNE 28, 1955.—Committed to the Committee of the Whole House on the State of the
Union ordered to be printed
MR. WILLIS, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H. R. 7049]
The Committee on the Judiciary, to whom was referred the bill (H.R.
7049) to revise, codify, and enact into law title 10 of the United States
Code, entitled "Armed Forces", and title 32, United States Code, en-
titled "National Guard", having considered the same, report favorably
thereon and recommend that the bill do pass.
I. EXPLANATION OF REVISED TITLE 10, ARMED FORCES,
AND TITLE 32, NATIONAL GUARD
[p. 1]
5. Restatement of substance
The object of the new titles has been to restate existing law, not to
make new law. Consistently with the general plan of the United States
Code, the pertinent provisions of law have been freely reworded and
rearranged, subject to every precaution against disturbing existing
rights, privileges, duties, or functions. Adherence to the substance of
existing law, however, has not always meant adherence to the letter of
the statute. Where court decisions, opinions of officials such as the
Attorney General or the Comptroller General, executive orders, regu-
lations, or well-established administrative practice have established
authoritative interpretations clarifying ambiguities in the law, the
text has been reworded to express those interpretations. These changes
have been explained in the applicable revision notes.
[p. 8]
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STATUTES AND LEGISLATIVE HISTORY
245
SECTION 2353
Revised
Section
2353 (a)
2353 (b)
2353 (c)
Source (U.S. Code)
5:235c (1st sentence; and 2d
sentence, less 2d and last
provisos)
5:475j (1st sentence; and 2d
sentence, less 2d and last
provisos)
5:628e (1st sentence; and 2d
sentence, less 2d and last
provisos)
Source (Statutes at Large)
July 16, 1952, ch. 882, § 4 (less 3d
and last sentences), 66 Stat. 725.
5:235e (2d
sentence)
5:475j (2d
sentence)
5:628e (2d
sentence)
5:235e (last
sentence)
5:475] (last
sentence)
5:628e (last
sentence)
proviso
proviso
proviso
proviso
proviso
proviso
of
of
of
of
of
of
2d
2d
2d
2d
2d
2d
In subsection (a), the words "furnished to" and "for the use thereof"
are omitted as surplusage.
In subsections (a) and (b), the words "United States" are substituted
for the word "Government".
In subsection (b), the introductory clause is substituted for 5:235e
(words of 2d proviso before clause (1)), 475j, and 628e. The words
"that. .. considers" are substituted for the words "as will in the opinion".
The words "an alternative" are substituted for the words "such other".
In subsection (c), the words "Proceeds of" are substituted for the
words "That all moneys arising from".
[p. 139]
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246 LEGAL COMPILATION—SOLID WASTE
1.2a (2) SENATE COMMITTEE ON THE JUDICIARY
S. KEP. No. 2484, 84th Cong., 2d Sess. (1956)
REVISION OF TITLE 10, U.S. CODE, ENTITLED "ARMED
FORCES", AND TITLE 32, U.S. CODE ENTITLED "NATIONAL
GUARD"
JULY 9, 1956.—Committed to the Committee of the Whole Senate on the State of the
Union ordered to be printed
From the Committee on the Judiciary, submitted the following
REPORT
[To accompany H. R. 7049]
SECTION 2353
Revised
Section Source (U.S. Code) Source (Statutes at Large)
2353 (a) 5:235e (1st sentence; and July 16, 1952, ch. 882, § 4 (less 3d
2d sentence, less 2d and and last sentences), 66 Stat. 725.
last provisos)
5:475j (1st sentence; and 2d
sentence, less 2d and last
provisos)
5:628e (1st sentence; and
2d sentence, less 2d and
last provisos)
2353 (b) 5:235e (2d proviso of 2d
sentence)
5:475j (2d proviso of 2d
sentence)
5:628e (2d proviso of 2d
sentence)
2353 (c) 5:235e (last proviso of 2d
sentence)
5:475j (last proviso of 2d
sentence)
5:628e (last proviso of 2d
sentence)
In subsection (a), the words "furnished to" and "for the use thereof"
are omitted as surplusage.
In subsections (a) and (b), the words "United States" are substituted
for the word "Government".
In subsection (b), the introductory clause is substituted for 5:235e
(words of 2d proviso before clause (1)), 475j, and 628e. The words
-------
STATUTES AND LEGISLATIVE HISTORY
247
"that. . . considers" are substituted for the words "as will in the opinion".
The words "an alternative" are substituted for the words "such other".
In subsection (c), the words "Proceeds of" are substituted for the
words "That all moneys arising from".
[p. 149]
1.2a (3) CONGRESSIONAL RECORD
1.2a (3)(a) Vol. 101 (1955), Aug. 1: Amended and passed House,
p. 12719
Mr. WILLIS. Mr. Speaker, this bill is
intended to codify the existing laws
relating to the Armed Forces and the
National Guard.. It is part of the com-
prehensive program inaugurated by the
committee on Revision of the Laws, and
continued under the Legislative Reor-
ganization Act by the Committee on the
Judiciary, to enact into law all 50 titles
of the United States Code.
It is purely and simply a codification
of existing law and has been reported
favorably by unanimous vote of the Com-
mittee on the Judiciary after consulta-
tion with the Committee on Armed
Services and has been sponsored by the
Department of Defense with the approval
of the Bureau of the Budget.
Please let me state as emphatically as
I am able that this bill is not designed
to make a single substantive change in
existing law.
As a matter of fact we have gone to
the extreme of inserting in the bill a
provision—section 50— that it is the leg-
islative purpose to restate the existing
law without substantive change. More-
over, there is a line of United States
Supreme Court decisions applying the
well-known canon of statutory construc-
tion that in this type of bill even though
Congress changes the language of the
existing law the court will construe it
as a continuation of existing Jaw without
substantive change unless Congress clearly
manifests an intention to make such
substantive changes.
Any undue fears about this bill on
that score should be allayed hi view of
the following:
First. The canon of statutory con-
struction just referred to will be applied;
Second. The interpretation clause con-
tained in § 50 and in other savings pro-
visions in the bill, together with similar
statements contained in the committee
report, clearly manifest the intention of
Congress to make no substantive change;
and
Third. The bill has been most care-
fully prepared over a period of almost
8 years. During that period the several
military departments and the Depart-
ment of Defense have assigned from
time to time extremely capable and ex-
pert personnel.
[p. 12719]
1.2a (3)(b) Vol. 102 (1956), July 23: Amended and passed
Senate, p. 13953
[No Relevant Discussion on Pertinent Section]
1.2a (3)(c) Vol. 102 (1956), July 25: House concurs in Senate
amendments, p. 14455
[No Relevant Discussion on Pertinent Section]
-------
1.3 HOUSING ACT OF 1954, AS AMENDED
40 U.S.C. §461
§ 461. Comprehensive planning—Grants by Secretary; authori-
zation
(a) In order to assist State and local governments in solving
planning problems, including those resulting from the increasing
concentration of population in metropolitan and other urban
areas and the out-migration from and lack of coordinated devel-
opment of resources and services in rural areas; to facilitate com-
prehensive planning for urban and rural development, including
coordinated transportation systems, on a continuing basis by such
governments; and to encourage such governments to establish and
improve planning staffs and techniques on an areawide basis,
and to engage private consultants where their professional serv-
ices are deemed appropriate by the assisted governments, the Sec-
retary is authorized to make planning grants to—
(1) State planning agencies for the provision of planning
assistance to (A) cities and other municipalities having a
population of less than 50,000 according to the latest decen-
nial census, and counties without regard to population: Pro-
vided, That grants shall be made under this paragraph for
planning assistance to counties having a population of 50,000
or more, according to the latest decennial census, which are
with metropolitan areas, only if (i) the Secretary finds that
planning and plans for such county will be coordinated with
the program of comprehensive planning, if any, which is
being carried out for the metropolitan area of which the
county is a part, and (ii) the aggregate amount of the grants
made subject to this proviso does not exceed 15 per centum
of the aggregate amount appropriated, after September 2,
1964, for the purposes of this section, (B) any group of
adjacent communities, either incorporated or unincorporated,
having a total population of less than 50,000 according to the
latest decennial census and having common or related urban
planning problems, (C) cities, other municipalities, and
counties referred to in paragraph (3) of this subsection,
and areas referred to in paragraph (4) of this subsection,
and (D) Indian reservations;
(2) State, metropolitan, and regional planning agencies
for metropolitan or regional planning, and to cities, within
metropolitan areas, for planning which is part of compre-
hensive metropolitan planning and which shall supplement
and be coordinated with State, metropolitan, and regional
planning;
248
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STATUTES AND LEGISLATIVE HISTORY 249
(3) (A) economic development districts designated by the
Secretary of Commerce under title IV of the Public Works
and Economic Development Act of 1965, and
(B) cities, other municipalities, and counties which (i)
are situated in redevelopment areas or economic development
districts designated by the Secretary of Commerce under
title IV of the Public Works and Economic Development Act
of 1965, or (ii) have suffered substantial damage as a result
of a major disaster as determined by the President pursuant
to the Disaster Relief Act of 1970;
(4) official governmental planning agencies for areas
where rapid urbanization has resulted or is expected to
result from the establishment or rapid and substantial expan-
sion of a Federal installation, or for areas where rapid
urbanization is expected to result on land developed or to be
developed as a new community under section 1749cc—1 of
Title 12 or title IV of the Housing and Urban Development
Act of 1968 or under part B of the Urban Growth and New
Community Development Act of 1970;
(5) States for State and interstate comprehensive plan-
ning and for research and coordination activity related
thereto, including technical and other assistance for the
establishment and operation of intrastate and interstate
planning agencies;
(6) State planning agencies for assistance to district plan-
ning, or planning for areas within districts, carried on by
or for district planning agencies;
(7) metropolitan and regional planning agencies, with the
approval of the State planning agency or (in States where no
such planning agency exists) of the Governor of the State,
for the provision of planning assistance within the metro-
politan area or region to cities, other municipalities, coun-
ties, groups of adjacent communities, or Indian reservations
described in clauses (A), (B), (C), and (D) of paragraph
(1) of this subsection;
(8) official governmental planning agencies for any area
where there has occurred a substantial reduction in employ-
ment opportunities as the result of (A) the closing (in whole
or in part) of a Federal installation, or (B) a decline in the
volume of Government orders for the procurement of articles
or materials produced or manufactured in such area;
(9) tribal planning councils or other tribal bodies desig-
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250 LEGAL COMPILATION—SOLID WASTE
nated by the Secretary of the Interior for planning for an
Indian reservation;
(10) the various regional commissions established by the
Appalachian Regional Development Act of 1965 or under
the Public Works and Economic Development Act of 1965
for comprehensive planning for the regions established under
such Acts (or State agencies or instrumentalities participat-
ing in such planning) ; and
(11) local development districts, certified under section
301 of the Appalachian Regional Development Act of 1965,
for comprehensive planning for their entire areas, or for
metropolitan planning, urban planning, county planning, or
small muncipality planning within such areas in the Appa-
lachian region, and for planning for Appalachian regional
programs.
Planning assisted under this section shall, to the maximum extent
feasible, cover entire areas having common or related develop-
ment problems. The Secretary shall encourage cooperation in pre-
paring and carrying out plans among all interested municipali-
ties, political subdivisions, public agencies, and other parties in
order to achieve coordinated development of entire areas. To the
maximum extent feasible, pertinent plans and studies already
made for areas shall be utilized so as to avoid unnecessary repeti-
tion of effort and expense. Planning which may be assisted under
this section includes the preparation of comprehensive transpor-
tation surveys, studies, and plans to aid in solving problems of
traffic congestion, facilitating the circulation of people and goods
in metropolitan and other areas and reducing transportation
needs. Planning carried out with assistance under this section
shall also include a housing element as part of the preparation of
comprehensive land use plans, and this consideration of the hous-
ing needs and land use requirements for housing in each com-
prehensive plan shall take into account all available evidence of
the assumptions and statistical bases upon which the projection
of zoning, community facilities, and population growth is based,
so that the housing needs of both the region and the local com-
munities studied in the planning will be adequately covered in
terms of existing and prospective in-migrant population growth.
Funds available under this section shall be in addition to and
may be used jointly with funds available for planning surveys
and investigations under other federally aided programs, and
nothing contained in this section shall be construed as affecting
the authority of the Secretary of Transportation under section
307 of Title 23.
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STATUTES AND LEGISLATIVE HISTORY 251
Maximum amount of grant; terms and conditions; advances or progress pay-
ments; appropriations; grants for research on State statutes affecting local
governments
(b) A planning grant made under subsection (a) of this sec-
tion shall not exceed two-thirds of the estimated cost of the work
for which the grant is made: Provided, That such a grant may be
made for up to 75 per centum of such estimated cost when made
for planning primarily for (1) redevelopment areas, local devel-
opment districts, or economic development districts, or portions
thereof, described in paragraph (3) (A) and (B) (i) and para-
graph (11) of subsection (a) of this section. (2) areas described
in subsection (a) (4) or subsection (a) (8) of this section, and
(3) the various regions, as described in subsection (a) (10) of
this section. All grants made under this section shall be subject to
terms and conditions prescribed by the Secretary. Except for plan-
ning for areas described in subsection (a) (4) of this section, no
portion of any grant made under this section shall be used for the
preparation of plans for specific public works. The Secretary is
authorized, notwithstanding the provisions of section 529 of Title
31, to make advance or progress payments on account of any grant
made under this section. There are authorized to be appropriated
for the purposes of this section not to exceed $265,000,000 prior to
July 1, 1969, and not to exceed $420,000,000 prior to July 1, 1972.
Of the amount available prior to July 1, 1969, $20,000,000 may be
used only for district planning grants under subsection (a) (6) of
this section, which amount shall be increased by $10,000,000 on
July 1, 1969. Any amounts appropriated under this section shall
remain available until expended: Provided, That, of any funds
appropriated under this section, not to exceed an aggregate of
$10,000,000 plus 5 per centum of the funds so appropriated may
be used by the Secretary for studies, research, and demonstration
projects, undertaken independently or by contract, for the devel-
opment and improvement of techniques and methods for compre-
hensive planning and for the advancement of the purposes of this
section, and for grants to assist in the conduct of studies and re-
search relating to needed revisions in State statutes which create,
govern, or control local governments and local governmental oper-
ations.
Encouragement of planning on a unified regional,
district, or metropolitan basis
(c) The Secretary is authorized, in areas embracing several
municipalities or other political subdivisions, to encourage plan-
ning on a unified regional, district, or metropolitan basis and to
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252 LEGAL COMPILATION—SOLID WASTE
provide technical assistance for such planning and the solution of
problems relating thereto.
Comprehensive planning
(d) It is the further intent of this section to encourage compre-
hensive planning, including transportation planning, for States,
cities, counties, metropolitan areas, districts, regions, and Indian
reservations and the establishment and development of the organi-
zational units needed therefor. In extending financial assistance
under this section, the Secretary may require such assurances as
he deems adequate that the appropriate State and local agencies
are making reasonable progress in the development of the ele-
ments of comprehensive planning. The Secretary is authorized to
provide technical assistance to State and local governments and
their agencies and instrumentalities, and to Indian tribal bodies,
undertaking such planning and, by contract or otherwise, to make
studies and publish information on related problems.
Consultation with officials of Federal Government; technical assistance
(e) In the exercise of his responsibilities under this section, the
Secretary shall consult with those officials of the Federal Govern-
ment responsible for the administration of programs of Federal
assistance to the States and municipalities for various categories
of public facilities and other comprehensively planned activities.
He shall, particularly, consult with the Secretary of Agriculture
prior to his approval of any district planning grants under subsec-
tions (a) (6) and (g) of this section, and with the Secretary of
Commerce prior to his approval of any planning grants which in-
clude any part of an economic development district as defined and
designated under the Public Works and Economic Development
Act of 1965. The Secretary of Agriculture and the Secretary of
Commerce, as appropriate, may provide technical assistance, with
or without reimbursement, in connection with the establishment of
districts by the Secretary of Housing and Urban Development and
the carrying out of planning by such districts.
Consent of Congress to agreements or compacts between States for
cooperative efforts and mutual assistance in comprehensive planning
(f) The consent of the Congress is hereby given to any two or
more States to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative effort and
mutual assistance in the comprehensive planning for the growth
and development of interstate, metropolitan, or other urban areas,
and to establish such agencies, joint or otherwise, as they may
deem desirable for making effective such agreements and com-
pacts.
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STATUTES AND LEGISLATIVE HISTORY 253
Grants to organizations composed of elected officials representative of political
jurisdictions within metropolitan area, region, or district; studies, data,
plans, programs, related activities; maximum grants
(g) In addition to the planning grants authorized by subsection
(a) of this section, the Secretary is further authorized to make
grants to organizations composed of public officials representative
of the political jurisdictions within the metropolitan area, region,
or district for the purpose of assisting such organizations to
undertake studies, collect data, develop metropolitan, regional, and
district plans and programs, and engage in such other activities,
including implementation of such plans, as the Secretary finds
necessary or desirable for the solution of the metropolitan, re-
gional, or district problems in such areas, regions, or districts. To
the maximum extent feasible, all grants under this subsection shall
be for activities relating to all the developmental aspects of the to-
tal metropolitan area, region, or district including, but not limited
to, land use, transportation, housing, economic development, natu-
ral resources development, community facilities, and the general
improvement of living environments. A grant under this subsection
shall not exceed two-thirds of the estimated cost of the work for
which the grant is made.
Grants for surveys of historic structures
(h) In addition to the other grants authorized by this section,
the Secretary is authorized to make grants to assist any city, other
municipality, or county in making a survey of the structures and
sites in such locality which are determined by its appropriate au-
thorities to be of historic or architectural value. Any such survey
shall be designed to identify the historic structures and sites in
the locality, determine the cost of their rehabilitation or restora-
tion, and provide such other information as may be necessary or
appropriate to serve as a foundation for a balanced and effective
program of historic preservation in such locality. The aspects of
any such survey which relate to the identification of historic and
architectural values shall be conducted in accordance with criteria
found by the Secretary to be comparable to those used in establish-
ing the national register maintained by the Secretary of the Inte-
rior under other provisions of law; and the results of each such
survey shall be made available to the Secretary of the Interior. A
grant under this subsection shall not exceed two-thirds of the cost
of the survey for which it is made, and shall be made to the appro-
priate agency or entity specified in paragraphs (1) through (11)
of subsection (a) of this section or, if there is no such agency or
entity which is qualified and willing to receive the grant and pro-
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254 LEGAL COMPILATION—SOLID WASTE
vide for its utilization in accordance with this subsection, directly
to the city, other municipality, or county involved.
Definitions
(i) As used in this section—
(1) The term "metropolitan area" means a standard metropoli-
tan statistical area, as established by the Bureau of the Budget,
subject, however, to such modifications or extensions as the Secre-
tary deems to be appropriate for the purposes of this section.
(2) The term "region" includes (A) all or part of the area of
jurisdiction of one or more units of general local government, and
(B) one or more metropolitan areas.
(3) The term "district" includes all or part of the area of juris-
diction of (A) one or more counties, and (B) one or more other
units of general local government, but does not include any por-
tion of a metropolitan area.
(4) The term "comprehensive planning" includes the follow-
ing:
(A) preparation, as a guide for governmental policies and
action, of general plans with respect to (i) the pattern and
intensity of land use, (ii) the provision of public facilities
(including transportation facilities) and other government
services, and (iii) the effective development and utilization
of human and natural resources;
(B) long-range physical and fiscal plans for such action;
(C) programing of capital improvements and other major
expenditures, based on a determination of relative urgency,
together with definite financing plans for such expenditures
in the earlier years of the program;
(D) coordination of all related plans and activities of the
State and local governments and agencies concerned; and
(E) preparation of regulatory and administrative meas-
ures in support of the foregoing.
Comprehensive planning for the purposes of districts shall not in-
clude planning for or assistance to establishments in relocating
from one area to another or assist subcontractors whose purpose
is to divest, or whose economic success is dependent upon divest-
ing, other contractors or subcontractors of contracts theretofore
customarily performed by them: Provided, That this limitation
shall not be construed to prohibit assistance for the expansion of
an existing business entity through the establishment of a new
branch, affiliate, or subsidiary of such entity, if the Secretary finds
that the establishment of such branch, affiliate, or subsidiary will
not result in an increase in unemployment in the area of original
location or in any other area where such entity conducts business
-------
STATUTES AND LEGISLATIVE HISTORY 255
operations, unless the Secretary has reason to believe that such
branch, affiliate, or subsidiary is being established with the inten-
tion of closing1 down the operations of the existing business entity
in the area of its original location or in any other area where it
conducts such operations.
(5) The term "State planning agencies" includes official State
planning agencies and (in States where no such planning agency
exists) agencies or instrumentalities of State government desig-
nated by the Governor of the State and acceptable to the Secretary.
(6) The terms "metropolitan planning agencies", "regional
planning agencies", and "district planning agencies" mean official
metropolitan, regional, and district planning agencies, or other
agencies and instrumentalities designated by the Governor (or
Governors in the case of interstate planning), and acceptable to
the Secretary, empowered under State or local law or interstate
compact to perform metropolitan, regional, or district planning,
respectively: Provided, That such agencies and instrumentalities
shall, to the greatest practicable extent, be composed of or respon-
sible to the elected officials of the unit or units of general local
government for whose jurisdictions they are empowered to engage
in planning.
State, regional, and other multijurisdictional area planning
(j) In carrying out the provisions of this section relating to
planning for States, regions, or other multijurisdictional areas
whose development has significance for purposes of national
growth and urban development objectives, the Secretary shall en-
courage the formulation of plans and programs which will include
the studies, criteria, standards, and implementing procedures nec-
essary for effectively guiding and controlling major decisions as to
where growth should take place within such States, regions, or
areas. Such plans and programs shall take account of the avail-
ability of and need for conserving land and other irreplaceable
natural resources; of projected changes in size, movement, and
composition of population; of the necessity for expanding housing
and employment opportunities; of the opportunities, requirements,
and possible locations for, new communities and large-scale proj-
ects for expanding or revitalizing existing communities; and of
the need for methods of achieving modernization, simplification,
and improvements in governmental structures, systems, and pro-
cedures related to growth objectives. If the Secretary determines
that activities otherwise eligible for assistance under this section
are necessary to the development or implementation of such plans
and programs, he may make grants in support of such activities to
any governmental agency or organization of public officials which
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256 LEGAL COMPILATION—SOLID WASTE
he determines is capable of carrying out the planning work in-
volved in an effective and efficient manner and may make such
grants in an amount equal to not more than 75 per centum of the
cost of such activities.
Aug. 2, 1954, c. 649, Title VII, § 701, 68 Stat. 640; Aug. 7, 1956,
c. 1029, Title III, §§ 307 (d), 308, 70 Stat. 1102; July 12, 1957,
Pub.L. 85-104, Title VI, § 606, 71 Stat. 305; Sept. 23, 1959, Pub.L.
86-372, Title IV, § 419, 73 Stat. 678; May 1, 1961, Pub.L. 87-27,
§ 15, 75 Stat. 58; June 30, 1961, Pub.L. 87-70, Title III, § 310, 75
Stat. 170; Sept. 2, 1964, Pub.L. 88-560, Title III, §§ 314-317, 78
Stat. 792, 793; Mar. 9, 1965, Pub.L. 89-4, Title II, § 213, 79 Stat.
17; Aug. 10, 1965, Pub.L. 89-117, Title XI, § 1102, 79 Stat. 502;
Nov. 3, 1966, Pub.L. 89-754, Title IV, § 406, Title VI, § 604, Title
X, § 1008, 80 Stat. 1273, 1279, 1286; May 25, 1967, Pub.L. 90-
19, § 10(a), 81 Stat. 22; Oct. 11, 1967, Pub.L. 90-103, Title I,
§ 115, 81 Stat. 262; Aug. 1, 1968, Pub.L. 90-448, Title VI, § 601,
82 Stat. 526; Dec. 31, 1970, Pub.L. 91-606, Title III, § 301 (a), 84
Stat. 1758; and amended Dec. 31, 1970, Pub.L. 91-609, Title III,
§ 302, Title VII, §§ 727(e), 735, 84 Stat. 1780,1803,1804.
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STATUTES AND LEGISLATIVE HISTOBY 257
1.3a HOUSING ACT OF 1954, AUGUST 2, 1954
P.L. 83-560, §701, 68 Stat. 640
TITLE VII—URBAN PLANNING AND RESERVE OF
PLANNED PUBLIC WORKS
URBAN PLANNING
Sec. 701. To facilitate urban planning for smaller communities lacking
adequate planning resources, the Administrator is authorized to make
planning grants to State planning agencies for the provision of planning
assistance (including surveys, land use studies, urban renewal plans,
technical services and other planning work, but excluding plans for
specific public works) to cities and other municipalities having a popula-
tion of less than 25,000 according to the latest decennial census. The
Administrator is further authorized to make planning grants for similar
planning work in metropolitan and regional areas to official State, metro-
politan, or regional planning agencies empowered under State or local
laws to perform such planning. Any grant made under this section shall
not exceed 50 per centum of the estimated cost of the work for which
the grant is made and shall be subject to terms and conditions prescribed
by the Administrator to carry out this section. The Administrator is
authorized, notwithstanding the provisions of section 3648 of the Revised
Statutes, as amended, to make advance or progress payments on ac-
count of any planning grant made under this section. There is hereby
authorized to be appropriated not exceeding $5,000,000 to carry out
the purposes of this section, and any amounts so appropriated shall
remain available until expended.
[p. 640]
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258 LEGAL COMPILATION—SOLID WASTE
1.3a (1) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 1429, 83rd Cong., 2d Sess. (1954)
HOUSING ACT OF 1954
MARCH 29, 1954.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. SPENCE, from the Committee on Banking and Currency, submitted
the following
MINORITY REPORT
[To accompany H. R. 7839]
[p-1]
XL VOLUNTARY HOME MORTGAGE CREDIT PROGRAM
Title VII of the bill as reported includes a new title designed to en-
courage and facilitate the flow of mortgage credit into remote areas
and small communities through the voluntary cooperation and effort
of private lending institutions.
The provisions of this title, in general, follow the plan suggested on
behalf of the American Life Convention and the Life Insurance Asso-
ciation of America and which presented testimony to your committee
indicating that the plan had the support of a majority of the life in-
surance companies. The problem of assuring the general availability of
adequate home mortgage credit in small communities and in the areas
remote from large financial centers is a difficult one, and your com-
mittee feels that the life insurance companies should be highly com-
mended for their efforts to assist in the development of a constructive
solution to this important problem.
This new title would establish a National Voluntary Mortgage Credit
Extension Committee consisting of the Housing and Home Finance
Administrator as Chairman and fourteen other persons to be appointed
by the Administrator representing each major type of mortgage, lend-
ing institution, the homebuilding industry and real estate boards. The
Administrator, after consultation with the members of the National
Committee, would also appoint regional subcommittees for regions
conforming generally to the Federal Reserve Districts.
The National Committee would be empowered to solicit and obtain
the cooperation of financing institutions in the voluntary program. It
would study and review the demand for and supply of funds for resi-
dential mortgage loans in all parts of the country and would receive
reports from and correlate the activities of the regional subcommittees.
-------
STATUTES AND LEGISLATIVE HISTORY 259
It would maintain liaison with the Government housing agencies and
with State and local housing officials to fully apprize them of the voluntary
program.
Each regional subcommittee would study and review the demand for
a supply of funds for residential mortgage loans in its region, would
analyze cases of unsatisfied demand for mortgage credit, and would
report to the National Committee the results of its study and analysis.
It would also maintain liaison with officers of the FHA and VA within
its own region and would request these officials to supply the subcom-
mittee with information regarding cases of unsatisfied demand for mort-
gage credit involving loans eligible for FHA insurance or VA guaranty.
[p. 29]
TITLE VII—VOLUNTARY HOME CREDIT PROGRAM
Section 701: Declaration of policy
This section declares it to be the purpose of title VII to encourage
and facilitate the flow of mortgage credit into remote areas and small
communities through the voluntary cooperation and effort of private
lending institutions, and to assist in the development of a program
whereby private financing institutions engaged in mortgage lending
can make a maximum contribution to the economic stability and growth
of the Nation through extension of the market for insured or guaranteed
mortgage loans.
[p- 59]
1.3a (2) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 1472, 83rd Cong., 2d Sess. (1954)
HOUSING ACT OF 1954
MAY 28, 1954. (legislative day, May 13), 1954.—Ordered to be printed.
From the Committee on Banking and Currency, submitted the following
REPORT
[To accompany H. R. 7839]
[p. 1]
TITLE VII—URBAN PLANNING AND RESERVE OF PLANNED PUBLIC WORKS
Section 701. Urban planning
This section would provide Federal assistance to facilitate urban
planning for smaller communities lacking adequate planning resources,
-------
260 LEGAL COMPILATION—SOLID WASTE
and to aid metropolitan and regional planning. It would authorize the
Housing and Home Finance Administrator to make planning grants
to State planning agencies for the provision of planning assistance to
cities and other municipalities with populations of less than 25,000.
To assure a broad and effective use of such grants, they would be made
only to the State agencies and could not be passed on by such agencies
to municipalities or other local groups. The Administrator would also
be authorized to make grants to official State, metropolitan, or regional
planning agencies empowered under State or local laws to perform
planning work in metropolitan and regional areas. The planning which
would be assisted would include surveys, land-use studies, urban re-
newal plans, technical services, and other planning work. Grants would
not be made for planning specific public works. The grants under this
section would not exceed 50 percent of the estimated cost of the work
for which the grant is made. Five million dollars would be authorized
to be appropriated for the grants, and appropriations would remain
available until expended.
[p. 91]
1.3a (3) COMMITTEE OF CONFERENCE
H.R. BEP. No. 2271, 83rd Cong., 2d Sess. (1954)
HOUSING ACT OF 1954
JULY 17, 1954.—Ordered to be printed
Mr. WOLCOTT, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H. R. 7839]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 7839) to aid
in the provision and improvement of housing, the elimination and pre-
vention of slums, and the conservation and development of urban com-
munities, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
-------
STATUTES AND LEGISLATIVE HISTORY 261
ment insert the following: That this Act may be cited as the "Housing
Act of 1954".
[p. 1]
TITLE VII—URBAN PLANNING AND RESERVE OF PLANNED
PUBLIC WORKS
URBAN PLANNING
Sue. 701. To facilitate urban planning for smaller communities lacking
adequate planning resources, the Administrator is authorized to make
planning grants to State planning agencies for the provision of planning
assistance (including surveys, land use studies, urban renewal plans, tech-
nical services and other planning work, but excluding plans for specific
public works) to cities and other municipalities having a population of
kss than 25,000 according to the latest decennial census. The Administrator
is further authorized to make planning grants for similar planning work
in metropolitan and regional areas to official State, metropolitan, or re-
gional planning agencies empowered under State or local laws to perform
such planning. Any grant made under this section shall not exceed 50 per
centum of the estimated cost of the work for which the grant is made and
shall be subject to terms and conditions prescribed by the Administrator
to carry out this section. The Administrator is authorized, notwithstanding
the provisions of section 3648 of the Revised Statutes, as amended, to make
advance or progress payments on account of any planning grant made under
this section. There is hereby authorized to be appropriated not exceeding
$5,000,000 to carry out the purposes of this section, and any amounts so
appropriated shall remain available until expended.
[p. 54]
ADDITIONAL FHA PROVISIONS
The House bill contained a provision terminating the yield insurance
program under title VII of the National Housing Act. The Senate amend-
ment contained no comparable provision. The conference substitute
retains the FHA title VII program.
Under existing law authority of the FHA to insure mortgages in
connection with the defense housing program under title IX would
expire August 1, 1954, except as to commitments issued prior to such
date on loans to refinance existing insured loans. Under the House bill
this authority would not be continued but the authority to insure as to
commitments issued prior thereto was continued.
[p. 75]
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262 LEGAL COMPILATION—SOLID WASTE
1.3a (4) CONGRESSIONAL RECORD, VOL. 90 (1954)
1.3a (4)(a) April 1, 2: Debated, amended and passed House, pp.
4367, 4430, 4490
[No Relevant Discussion on Pertinent Section]
1.3a (4)(b) June 3: Debated, amended and passed Senate, pp.
7607, 7609, 7621
[No Relevant Discussion on Pertinent Section]
1.3a (4)(c) July 20: House agrees to conference report, p. 11071
[No Relevant Discussion on Pertinent Section]
1.3a (4)(d) July 28: Senate agrees to conference report, pp. 12333,
12377, 12381
[No Relevant Discussion on Pertinent Section]
1.3b HOUSING ACT OF 1956
August 7, 1956, P.L. 84-1020, Title III,§ §307(d), 308, 70 Stat. 1102
SEC. 307
(d) The second sentence of section 701 of the Housing Act of 1954
is amended to read as follows: "The Administrator is further authorized
to make planning grants for similar planning work (1) in metropolitan
and regional areas to official State, metropolitan, or regional planning
agencies empowered under State or local laws to perform such planning;
(2) to cities, other municipalities, and counties having a population of
twenty-five thousand or more according to the latest decennial census
which have suffered substantial damage as a
[p. 1102]
result of a flood, fire, hurricane, earthquake, storm, or other catastro-
phe which the President, pursuant to section 2 (a) of the Act entitled
'An Act to authorize Federal assistance to States and local govern-
ments in major disasters, and for other purposes' (Public Law 875,
Eighty-first Congress, approved September 30, 1950), as amended,
has determined to be a major disaster; and (3) to State planning agen-
cies, to be used for the provision of planning assistance to the cities,
other municipalities, and counties referred to in clause (2) hereof."
-------
STATUTES AND LEGISLATIVE HISTORY 263
SEC. 308. The last sentence of section 701 of the Housing Act of
1954 is amended by striking out "$5,000,000" and inserting in lieu
thereof "$10,000,000".
[p. 1103]
1.3b (1) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 2363, 84th Cong., 2d Sess. (1956)
HOUSING ACT OF 1956
JUNE 15, 1956.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. SPENCE, from the Committee on Banking and Currency, submitted
the following
REPORT
[To accompany H. R. 11742]
The Committee on Banking and Currency, to whom was referred the
bill (H.R. 11742) to extend and amend laws relating to the provision
and improvement of housing and the conservation and development
of urban communities, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
[p. 1]
Section 701 of the Housing Act of 1954 authorizes the Federal Govern-
ment to make grants, not exceeding 50 percent of the estimated cost of
the planning work, to assist community planning in small communi-
ties—less than 25,000 population—and to make similar grants to official
State, metropolitan, or regional agencies for similar planning in metro-
politan or regional areas. The bill would amend this section of the law
so that in areas stricken by major disasters, the large cities as well as
the smaller communities under 25,000 population could directly avail
themselves of the planning grants authorized.
URBAN PLANNING AUTHORIZATION
As noted above, section 701 of the Housing Act of 1954 established a
program of Federal assistance for community planning. This program
was delayed at first by the inadequacy of many State enabling laws.
-------
264 LEGAL COMPILATION—SOLID WASTE
However, in 1955 there was considerable legislative activity on this
problem in States throughout the country. In view of this new State
legislation, many applications are now in preparation, and the program
is rapidly gaining momentum. Present estimates indicate that the original
authorization of $5 million for this limited grant program will be fully
allocated by the end of the year. Section 403 of the bill would increase
the authorization to $10 million. The increase in authorization appears
warranted by the planning needs of smaller communities which cannot
themselves support full-time planning staffs, by the continuing need to
encourage metropolitan and regional planning which takes into account
factors which cut across municipal and county political boundaries, and
to assure that planning advances will be available for communities in
areas stricken by major disasters.
[p. 30]
SECTION 403. URBAN PLANNING AUTHORIZATION
This section would increase the urban planning grant authorization
under section 701 of the Housing Act of 1954 from $5 million to $10
million.
[p. 62]
SECTIONS 701 AND 703 OF THE HOUSING ACT OF 1954
TITLE VII—URBAN PLANNING AND RESERVE OF PLANNED
PUBLIC WORKS
URBAN PLANNING
SEC. 701. To facilitate urban planning for smaller communities lack-
ing adequate planning resources, the Administrator is authorized to
make planning grants to State planning agencies for the provision of
planning assistance (including surveys, land use studies, urban renewal
plans, technical services and other planning work, but excluding plans
for specific public works) to cities and other municipalities having a
population of less than 25,000 according to the latest decennial census.
The Administrator is further authorized to make planning grants for
similar planning work (1) in the metropolitan and regional areas to
official State, metropolitan, or regional planning agencies empowered
under state or local laws to perform such planning; (2) to cities, other
municipalities, and counties having a population of twenty-five thousand
or more according to the latest decennial census which have suffered sub-
stantial damage as a result of a flood, fire, hurricane, earthquake, storm,
or other catastrophe which the President, pursuant to section 2 (a) of the
Act entitled "An Act to authorize Federal assistance to States and local
governments in major disasters, and for other purposes" (Public Law 875,
Eighty-first Congress, approved September 80, 1950), as amended, has
-------
STATUTES AND LEGISLATIVE HISTORY 265
determined to be a major disaster; and (8) to State planning agencies, to
be used for the provision of planning assistance to the cities, other mu-
nicipalities, and counties referred to in clause (2) hereof. Any grant made
under this section shall not exceed 50 per centum of the estimated cost
of the work for which the grant is made and shall be subject to terms
and conditions prescribed by the Administrator to carry out this section.
The Administrator is authorized, nonwithstanding the provisions of
section 3648 of the Revised Statutes, as amended, to make advance or
progress payments on account of any planning grant made under this
section. There is hereby authorized to be appropriated not exceeding
[$5,000,000] $10,000,000 to carry out the purposes of this section, and
any amounts so appropriated shall remain available until expended.
[p. 106]
1.3b (2) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 2005, 84th Cong., 2d Sess. (1956)
HOUSING AMENDMENTS OF 1956
MAY 15 (legislative day MAY 7), 1956.—Ordered to be printed
Mr. SPARKMAN, from the Committee on Banking and Currency, sub-
mitted the following
REPORT
[To accompany S. 3855]
The Committee on Banking and Currency having considered the same,
report favorably a committee bill (S. ) to extend and amend laws
relating to the provision and improvement of housing, the elimination
and prevention of slums, and the conservation and development of
urban communities, and for other purposes, and recommend that the
bill do pass.
INTRODUCTION
The Committee on Banking and Currency has held hearings on, and
considered in executive session, the following bills: S. 1536, S. 2565,
S. 2640, S. 2736, S. 2762, S. 2790, S. 2848, S. 3057, S. 3158, S. 3186,
S. 3190, S. 3296, S. 3302, S. 3309, and S. 3346. From these bills, and
-------
266 LEGAL COMPILATION—SOLID WASTE
from amendments and suggestions received by the committee, an original
bill was drafted by the committee and is reported for consideration of
the Senate.
This is a comprehensive bill designed to increase and improve the
housing supply for all segments of the population and for all parts of
the Nation. The committee devoted a major portion of its time to the
consideration of provisions to improve housing conditions for low- and
middle-income families and for our elderly citizens.
[p. 1]
1.3b (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 2958, 84th Cong., 2d Sess. (1956)
HOUSING ACT OF 1956
JUL.Y 27, 1956.—Ordered to be printed
Mr. SPENCE, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany H. R. 11742]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 11742) to
extend and amend laws relating to the provision and improvement of
housing and the conservation and development of urban communities,
and for other purposes, having met, after full and free conference, have
agreed to recommend and do rt-commend to their respective Houses
as follows:
That the House recede from it; disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following: That this Act may be cited as the "Housing
Act of 1956".
[p. 1]
SEC. 307 (d) The second sentence of section 701 of the Housing Act of
1954 is amended to read as follows: "The Administrator is further au-
thorized to make planning grants for similar planning work (1) in metro-
-------
STATUTES AND LEGISLATIVE HISTORY
267
politan and regional areas to official State, metropolitan, or regional planning
agencies empowered under State or local laws to perform such planning;
(2) to cities, other municipalities, and counties having a population of
twenty-five thousand or more according to the latest decennial census which
have suffered substantial damage as a result of a flood, fire, hurricane, earth-
quake, storm, or ether catastrophe which the President, pursuant to section
2 (a) of the Act entitled 'An Act to authorize Federal assistance to States
and local governments in major disasters, and for other purposes' (Public
[p- 13]
Law 875, Eighty-first Congress, approved September 30, 1950), as amended,
has determined to be a major disaster; and (3) to State planning agencies,
to be used for the provision of planning assistance to the cities, other mu-
nicipalities, and counties referred to in clause (2) hereof."
SEC. 308. The last sentence of section 701 of the Housing Act of 1954
is amended by striking out "$5,000,000" and inserting in lieu thereof
"$10,000,000".
[p. 14]
1.3b (4) CONGRESSIONAL RECORD, VOL. 102 (1956)
1.3b (4)(a) July 25: Amended and passed House, p. 14468
[No Relevant Discussion on Pertinent Section]
1.3b (4)(b) July 25: Amended and passed Senate, pp. 14430
Mr. BUSH. I should like to say, in
support of the Senator's motion, that I
am very much disappointed, indeed,
with the long delay in House action on
the bill, thus placing this needed legisla-
tion in a position of danger. Also, I am
very much disappointed by its attitude
on public housing. I have consistently
felt that the administration has not
taken a broad enough view of the need
for public housing, and I have con-
sistently felt, with the Senator from New
York, the Senator from Alabama, and
other Senators on the committee, that
the authorization for 35,000 units did
not meet the situation realistically at all.
However, it is clear that only a day or
two remain in the session, and that if the
housing bill is to be passed, we may as
well face the fact that we shall have to
accept the 35,000-unit limitation. Other-
wise, we may jeopardize the entire bill,
which contains provisions relating to
housing and urban renewal in disaster
areas, which are extremely important to
communities in my State.
[p. 14430]
1.3b (4)(c) July 27: Senate agrees to conference report, p. 15100
[No Relevant Discussion on Pertinent Section]
1.3b (4)(d) July 27: House agrees to conference report, p. 15262
[No Relevant Discussion on Pertinent Section]
-------
268 LEGAL COMPILATION—SOLID WASTE
1.3c HOUSING ACT OF 1957
July 12, 1957, P.L. 85-104, Title VI, §606, 71 Stat. 305
URBAN PLANNING GRANTS
SEC. 606. The second sentence of section 701 of the Housing Act of
1954 is amended by striking out "and (3) to State planning agencies,
to be used for the provision of planning assistance to the cities, other
municipalities, and counties referred to in clause (2) hereof" and by
inserting in lieu thereof the following: "(3) to official governmental
planning agencies for areas threatened with rapid urbanization as a
result of the establishment or rapid and substantial expansion of a
Federal installation; and (4) to State planning agencies, to be used
for the provision of planning assistance to the cities, other municipali-
ties, and counties referred to in clause (2) hereof and to the areas referred
to in clause (3) hereof".
Approved July 12, 1957.
[p. 305]
1.3c (1) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 313, 85th Cong., 1st Sess. (1957)
HOUSING ACT OF 1957
APRIL 8, 1957.—Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
Mr. SPENCE, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany H. R. 6659]
The Committee on Banking and Currency, to whom was referred
the bill (H.R. 6659) to extend and amend laws relating to the provision
and improvement of housing, to improve the availability of mortgage
credit, and for other purposes, having considered the same, report favor-
ably thereon without amendment and recommend that the bill do pass.
INTRODUCTION
H.R. 6659, referred to as the Housing Act of 1957, is an omnibus
housing bill designed to meet a number of important objectives. As
-------
STATUTES AND LEGISLATIVE HISTORY 269
one of its primary purposes it would provide much-needed assistance
to help restore a sound home building industry by widening the market
demand for homes and by improving the flow of mortgage credit into
the housing field. Other important objectives which the bill seeks to
achieve are better housing generally, improvement in. the present pro-
grams designed to combat slums and blight, and special assistance to
deserving and important housing programs such as military housing
and college housing.
While your committee believes the bill to be carefully drawn and
conceived, we would like to emphasize that H.R. 6659 is being reported
against a backdrop of near-crisis in the home-construction field. Your
committee believes strongly that the legislation contained in the bill
is urgently needed to prevent further deterioration of an industry whose
continued health is indispensable to the soundness of the overall econ-
omy, and whose continued growth is essential to meet the ever-
expanding housing needs of our people.
1.3c (2) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 368, 85th Cong., 1st Sess. (1957)
HOUSING ACT OF 1957
MAY 20, 1957.—Ordered to be printed
Mr. SPAHKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany H. R. 6659]
The Committee on Banking and Currency, to whom was referred the
bill (H.R. 6659) to extend and amend laws relating to the provision
and improvement of housing, to improve the availability of mortgage
credit, and for other purposes, having considered the same, report favor-
ably thereon with amendments and recommend that the bill as amended
do pass.
INTRODUCTION
The Committee on Banking and Currency has held hearings on and
considered in executive session the following bills: S. 88, S. 467, S. 726,
-------
270 LEGAL COMPILATION—SOLID WASTE
S. 912, S. 929, S. 1090, S. 1230, S. 1479, S. 1515, S. 1531, S. 1553, S. 1569,
S. 1609, S. 1618, S. 1633, S. 1679, S. 1694, S. 1711, S. 1737, and S. 1898.
From these bills and from amendments and suggestions received by the
committee from various sources, and after consideration of H.R. 6659,
substitute language was drafted by the committee and an amended bill
is reported for consideration of the Senate.
As has been its custom in the past, the committee has considered all
recommendations made to it with respect to the matters under its juris-
diction and, following consideration, has consolidated into the amended
bill those suggestions which were approved. Among the major recom-
mendations contained in the bill are (1) authorizations to relieve a
shortage of mortgage loan funds, (2) increased funds for slum clearance
and urban renewal projects, and college housing loans, and (3) a new
program to stimulate the construction of decent housing for families
of moderate income.
[p. 1]
1.3c (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 659, 85th Cong., 1st Sess. (1957)
HOUSING ACT OF 1957
JUNE 27, 1957.—Ordered to be printed
Mr. SPENCE, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H. R. 6659]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 6659) to ex-
tend and amend laws relating to the provision and improvement of
housing, to improve the availability of mortgage credit, and for other
purposes, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following: That this Act may be cited as the "Housing
Act of 1957".
[p-1]
-------
STATUTES AND LEGISLATIVE HISTORY 271
1.3c (4) CONGRESSIONAL RECORD, VOL. 103 (1957):
1.3c (4)(a) May 8, 9: Debated, amended and passed House, pp.
6590, 6701, 6912
[No Relevant Discussion on Pertinent Section]
1.3c (4)(b) May 29: Debated, amended and passed Senate, pp. 8022,
8035
[No Relevant Discussion on Pertinent Section]
1.3c (4)(c) June 28: House agrees to conference report, p. 10558
[No Relevant Discussion on Pertinent Section]
1.3c (4)(d) July 1: Senate agrees to conference report, p. 10659
[No Relevant Discussion on Pertinent Section]
1.3d HOUSING ACT OF 1959
September 23,1959, P.L. 86-372, Title IV, §419, 73 Stat. 678
UEBAN PLANNING
SEC. 419. Section 701 of the Housing Act of 1954 is amended to read
as follows:
"URBAN PLANNING
"SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from increasing concentration of population
in metropolitan and other urban areas, including smaller communities,
to facilitate comprehensive planning for' urban development by State
and local governments on a continuing basis, and to encourage State
and local governments to establish and develop planning staffs, the
Administrator is authorized to make planning grants to—
"(1) State planning agencies, or (in States where no such plan-
ning agency exists) to agencies or instrumentalities of State govern-
ment designated by the Governor of the State and acceptable to
the Administrator as capable of carrying out the planning func-
tions contemplated by this section, for the provision of planning
assistance to (A) cities, other municipalities, and counties having
a population of less than 50,000 according to the latest decennial
census, (B) any group of adjacent communities, either incorporated
or unincorporated, having a total population of less than 50,000
according to the latest decennial census and having common or
related urban planning problems resulting from rapid urbanization,
and (C) cities, other municipalities, and counties referred to in
-------
272 LEGAL COMPILATION—SOLID WASTE
paragraph (3) of this subsection and areas referred to in paragraph
(4) of this subsection;
"(2) official State, metropolitan, and regional planning agencies
empowered under State or local laws or interstate compact to per-
form metropolitan or regional planning;
"(3) cities, other municipalities, and counties which have suffered
substantial damage as a result of a catastrophe which the President,
pursuant to section 2(a) of 'An Act to authorize Federal assistance
to States and local governments in major disasters, and for other
purposes', has determined to be a major disaster;
"(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
installation; and
"(5) State planning agencies for State and interstate compre-
hensive planning (as defined in subsection (d)) and for research and
coordination activity related thereto.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire urban areas having common or related urban development
problems.
"(b) A grant made under this section shall not exceed 50 per centum
of the estimated cost of the work for which the grant is made. All grants
made under this section shall be subject to terms and conditions pre-
scribed by the Administrator. No portion of any grant made under
this section shall be used for the preparation of plans for specific public
works. The Administrator is authorized, notwithstanding the pro-
visions of section 3648 of the Revised Statutes, as amended, to make
advances or progress payments on account of any planning grant made
under this section. There is hereby authorized to be appropriated not
exceeding $20,000,000 to carry out the purposes of this section, and any
amounts so appropriated shall remain available until expended.
[p. 678]
"(c) The Administrator is authorized, in areas embracing several
municipalities or other political subdivisions, to encourage planning on
a unified metropolitan basis and to provide technical assistance for
such planning and the solution of problems relating thereto.
"(d) It is the further intent of this section to encourage comprehensive
planning for States, cities, counties, metropolitan areas, and urban
regions and the establishment and development of the organizational
units needed therefor. In extending financial assistance under this sec-
tion, the Administrator may require such assurances as he deems ade-
quate that the appropriate State and local agencies are making reasonable
progress in the development of the elements of comprehensive planning.
-------
STATUTES AND LEGISLATIVE HISTOBY 273
Comprehensive planning, as used in this section, includes the following,
to the extent directly related to urban needs: (1) preparation, as a guide
for long-range development, of general physical plans with respect to the
pattern and intensity of land use and the provision of public facilities,
together with long-range fiscal plans for such development; (2) pro-
graming of capital improvements based on a determination of relative
urgency, together with definitive financing plans for the improvements
to be constructed in the earlier years of the program; (3) coordination
of all related plans of the departments or subdivisions of the govern-
ment concerned; (4) intergovernmental coordination of all related
planned activities among the State and local governmental agencies
concerned; and (5) preparation of regulatory and administrative meas-
ures in support of the foregoing.
"(e) In the exercise of his function of encouraging comprehensive
planning by the States, the Administrator shall consult with those
officials of the Federal Government responsible for the administration
of programs of Federal assistance to the States and municipalities for
various categories of public facilities."
[p. 679]
1.3d (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 924, 86th Cong., 1st Sess. (1959)
HOUSING ACT OF 1959
SEPTEMBER 8 (legislative day, SEPTEMBER 5), 1959.—Ordered to be printed
Mr. SPABKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S. 2654]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 2654) to extend and amend
laws relating to the provision and improvement of housing and the
renewal of urban communities, and for other purposes, and recommend
that the bill do pass.
HISTORY OF S. 2654
There are many important public policy issues covered by S. 2654.
The two issues which have figured most prominently in the develop-
ment of this bill are urban renewal and low-rent public housing. These
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274 LEGAL COMPILATION—SOLID WASTE
two issues have contributed significantly to the difficulty of obtaining
Presidential approval of general housing legislation in 1958 and 1959.
Consequently, the history of S. 2654 should begin with a brief account
of the background of these two programs.
The Housing Act of 1949 committed the Federal Government to a
program of grants and loans to help State and local governments elim-
inate slums and renew urban areas. This same act also revitalized the
program of Federal grants enabling the operation of local public housing
projects occupied by low-income families and individuals, which pro-
gram was originated by the Housing Act of 1937.
The low-rent public housing provisions of the act of 1949 have been
continuously controversial since enactment, and particularly during
the 83d, 84th, 85th, and 86th Congresses. On the other hand, the pro-
visions for slum clearance, or urban renewal, while controversial,
have been more widely accepted as necessary and desirable Federal
activities. The Housing Act of 1954 made substantial changes in the
urban renewal statute and introduced the concept that additional
low-rent public housing projects should be available only in communi-
[p. 1]
ties with a "workable" plan for community conservation and redevelop-
ment. Housing laws passed since 1954 have perfected and continued
the urban renewal and low-rent housing programs, but have not made
any fundamental changes in the goals and methods contemplated by
the acts of 1937, 1949, and 1954.
During consideration of housing legislation in 1957, many members
of the committee became alert to the need for projecting Federal par-
ticipation in both those programs into future years on a sustained and
predictable basis, and with emphasis upon local responsibility and
autonomy. In the fall of 1957, the Subcommittee on Housing of the
Committee on Banking and Currency held extensive hearings, in many
parts of the country, designed to develop information regarding these
Federal programs. Recommendations growing out of these hearings,
and hearings held in May 1958, together with proposals from many
bills, including administration bills, were combined in S. 4035, the pro-
posed Housing Act of 1958.
S. 4035 passed the Senate on July 11, 1958, and was subsequently
amended in several respects by the Committee on Banking and Cur-
rency of the House of Representatives. Under parliamentary condi-
tions which required approval by two-thirds of the House, S. 4035
lacked six votes of the number required for passage; that is, two-thirds.
As a result, there was no general housing bill in 1958.
S. 57 was introduced on January 9, 1959, and was identical in all
major respects with S. 4035 as it passed the Senate on July 11, 1958.
-------
STATUTES AND LEGISLATIVE HISTORY 275
S. 57 was thoroughly considered in hearings and executive sessions of
the Committee on Banking and Currency, and in debate on the floor
of the Senate. After modification in committee and on the floor, S. 57
passed the Senate on February 5, 1959, by a vote of 60 to 28.
Subsequently, the bill was considered and amended in the House of
Representatives and was referred to a conference committee of the
Senate and the House. The conference committee compromised their
differences. The conference report was approved by the Senate on June 22,
1959, by a vote of 56 to 31, and by the House on June 23, 1959, by a
vote of 241 to 177.
On July 7, the President returned S. 57 to the Senate without his
approval, and his veto message has been printed as Senate Document 34.
The President's message was referred to the committee on July 15,
along with the bill S. 57. From July 23 through July 31, the Subcom-
mittee on Housing held hearings on the President's message, which
includes S. 57 and incorporates by reference the administration bills,
S. 65 and S. 612. By request of its sponsor, the hearings also included
consideration of S. 2378.
Subsequently, the committee considered S. 57, S. 65, S. 612, and
S. 2378, and voted to recommend that the Senate pass S. 57, the Presi-
dent's disapproval to the contrary notwithstanding. This recommenda-
tion was considered in the Senate on August 12, 1959, and was defeated
by a vote of 55 to 40. On August 13, 1959, the committee reconsidered
the aforementioned bills and voted to report a new bill, S. 2539.
This compromise bill was debated, amended, and passed by the
Senate on August 18, 1959, and was then sent to the House of Repre-
sentatives. On August 24, 1959, S. 2539 was passed by the House of
Representatives without amendment. On September 4, 1959, the bill
was returned to the Senate by the President without his approval.
[p. 2]
On date of receipt, the President's disapproval of the bill was sustained
by the Senate by a vote of 58 to 36. On September 8, 1959, the com-
mittee considered the President's veto message on S. 2539 and voted
to report a new bill, S. 2654.
[p. 3]
Urban planning
Section 419.—(1) Rewrites existing law (sec. 701 of the Housing Act
of 1954) to provide 'that grants-in-aid for planning assistance may be
made to—
State planning agencies, or in the absence of any such agency,
to an agency or instrumentality of a State government designated
by the Governor and approved by the Administrator;
[p. 21]
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276 LEGAL COMPILATION—SOLID WASTE
State planning agencies for statewide and interstate compre-
hensive planning;
Official State, metropolitan, and regional planning agencies
empowered under State and local law or interstate compact to
perform metropolitan or regional planning; and
Official governmental planning agencies for areas where rapid
urbanization has resulted or is expected to result from establish-
ment or increased activity of Federal installation.
(2) Extends urban planning to include—
Municipalities of less than 50,000 population;
Counties of less than 50,000 population;
Groups of adjacent communities with common planning prob-
lem having population of less than 50,000; and
Cities, other municipalities, and counties suffering from a catas-
trophe which the President declares a major disaster.
(3) Authorizes an additional appropriation of $10 million for the
program.
(4) Authorizes the Administrator to encourage, in areas embracing
several municipalities or political subdivisions, planning on a unified
metropolitan basis and to provide technical assistance for planning
and for solution of problems.
[p. 22]
TITLE VII—URBAN PLANNING AND RESERVE OF
PLANNED PUBLIC WORKS
URBAN PLANNING
[Sec. 701. To facilitate urban planning for smaller communities
lacking adequate planning resources, the Administrator is authorized
to make planning grants to State planning agencies, for the provision
of planning assistance (including surveys, land use studies, urban
renewal plans, technical services and other planning work, but exclud-
ing plans for specific public works) to cities and other municipalities
having a population of less than 25,000 according to the latest decen-
nial census. The Administrator is further authorized to make plan-
ning grants for similar planning work (1) in metropolitan and regional
areas to official State, metropolitan, or regional planning agencies em-
powered under State or local laws to perform such planning; (2) to cities,
other municipalities, and counties having a population of twenty-five
thousand or more according to the latest decennial census which have
suffered substantial damage as a result of a flood, fire, hurricane, earth-
quake, storm, or other catastrophe which the President, pursuant to
section 2 (a) of the Act entitled "An Act to authorize Federal assistance
to States and local governments in major disasters, and for other pur-
-------
STATUTES AND LEGISLATIVE HISTORY 277
poses" (Public Law 875, Eighty-first Congress, approved September 30,
1950), as amended, has determined to be a major disaster; (3) to official
governmental planning agencies for areas threatened with rapid urban-
ization as a result of the establishment or rapid and substantial expansion
of a Federal installation; and (4) to State planning agencies, to be used
for the provision of planning assistance to the cities, other municipalities,
and counties
[p- 129]
referred to in clause (2) hereof and to the areas referred to in clause (3)
hereof. Any grant made under this section shall not exceed 50 per centum
of the estimated cost of the work for which the grant is made and shall
be subject to terms and conditions prescribed by the Administrator to
carry out this section. The Administrator is authorized, notwithstanding
the provisions of section 3648 of the Revised Statutes, as amended, to
make advance or progress payments on account of any planning grant
made under this section. There is hereby authorized to be appropriated
not exceeding $10,000,000 to carry out the purposes of this section, and
any amounts so appropriated shall remain available until expended.]
SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from increasing concentration of population
in metropolitan and other urban areas, including smaller communities,
to facilitate comprehensive planning for urban development by State and
local governments on a continuing basis, and to encourage State and local
governments to establish and develop planning staffs, the Administrator is
authorized to make planning grants to—
(1) State planning agencies, or (in States where no such planning
agency exists) to agencies or instrumentalities of State government
designated by the Governor of the State and acceptable to the Adminis-
trator as capable of carrying out the planning functions contemplated
by this section, for the provision of planning assistance to (A) cities,
other municipalities, and counties having a population of less than
50,000 according to the latest decennial census, (B) any group of ad-
jacent communities, either incorporated or unincorporated, having
a total population of less than 50,000 according to the latest decennial
census and having common or related urban planning problems re-
sulting from rapid urbanization, and (C) cities, other municipalities,
and counties referred to in paragraph (8) of this subsection and areas
referred to in paragraph (4) of this subsection;
(2) official State, metropolitan, and regional planning agencies
empowered under State or local laws or interstate compact to perform
metropolitan or regional planning;
(8) cities, other municipalities, and counties which have suffered
substantial damage as a result of a catastrophe which the President,
-------
278 LEGAL COMPILATION—SOLID WASTE
pursuant to section 2(a) of "An Act to authorize Federal assistance to
States and local governments in major disasters, and for other purposes,"
has determined to be a major disaster;
(4) to official governmental planning agencies for areas where rapid
urbanization has resulted or is expected to result from the establishment
or rapid and substantial expansion of a Federal installation; and
(5) State planning agencies for State and interstate comprehensive
planning (as defined in subsection (d)) and for research and coordina-
tion activity related thereto.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire urban areas having common or related urban development prob-
lems.
(b) A grant made under this section shall not exceed 50 per centum of
the estimated cost of the work for which the grant is made. All grants made
under this section shall be subject to terms and conditions prescribed by
the Administrator. No portion of any grant made under this section
shall be used for the preparation of plans for specific public works. The
[p. 130]
Administrator is authorized, notwithstanding the provisions of section
8548 of the Revised Statutes, as amended, to make advances or progress
payments on account of any planning grant made under this section. There
is hereby authorized to be appropriated not exceeding $20,000,000 to carry
out the purposes of this section, and any amounts so appropriated shall
remain available until expended.
(c) The Administrator is authorized, in areas embracing several munici-
palities or other political subdivisions, to encourage planning on a unified
metropolitan basis and to provide technical assistance for such planning
and the solution of problems relating thereto.
(d) It is the further intent of this section to encourage comprehensive
planning for States, cities, counties, metropolitan areas, and urban re-
gions and the establishment and development of the organizational units
needed therefor. In extending financial assistance under this section, the
Administrator may require such assurances as he deems adequate that
the appropriate State and local agencies are making reasonable progress
in the development of the elements of comprehensive planning. Compre-
hensive planning, as used in this section, includes the following, to the
extent directly related to urban needs: (1) preparation, as a guide for long-
range development, of general physical plans with respect to the pattern
and intensity of land use and the provision of public facilities, together
with long-range fiscal plans for such development; (2) programing of capital
improvements based on a determination of relative urgency, together with
definitive financing plans for the improvements to be constructed in the
earlier years of the program; (3) coordination of all related plans of the
-------
STATUTES AND LEGISLATIVE HISTORY
279
departments or subdivisions of the government concerned; (4) intergovern-
mental coordination of all related planned activities among the State and
local governmental agencies concerned; and (5) preparation of regulatory
and administrative measures in support of the foregoing.
(e) In the exercise of his function of encouraging comprehensive planning
by the States, the Administrator shall consult with those officials of the
Federal Government responsible for the administration of programs of
Federal assistance to the States and municipalities for various categories
of public facilities.
[p. 131]
1.3d (2) CONGRESSIONAL RECORD, VOL. 105 (1959)
1.3d (2)(a) Sept. 9: Debated and passed Senate, p. 18756
(2) Extends urban planning to include
municipalities of less than 50,000 popula-
tion; counties of less than 50,000 popula-
tion; groups of adjacent communities with
common planning problems having popu-
lation of less than 50,000; and cities, other
municipalities, and counties suffering from
a catastrophe which the President declares
a major disaster.
(3) Authorizes an additional appropria-
tion of $10 million for the program.
(4) Authorizes the Administrator to
encourage, in areas embracing several
municipalities or political subdivisions,
planning on a unified metropolitan basis
and to provide technical assistance for
planning and for solution of problems.
Urban planning
Section 419: (1) Rewrites existing law
(sec. 701 of the Housing Act of 1954) to
provide that grants-in-aid for planning
assistance may be made to State planning
agencies, or in the absence of any such
agency, to an agency or instrumentality of
a State government designated by the
Governor and approved by the Adminis-
trator; State planning agencies for state-
wide and interstate comprehensive
planning; official State, metropolitan, and
regional planning agencies empowered
under State and local law or interstate
compact to perform metropolitan or
regional planning; and official govern-
mental planning agencies for areas where
rapid urbanization has resulted or is ex- [p. 18756]
pected to result from establishment or in-
creased activity of Federal installation.
1.3d (2)(b) Sept. 10: Passed House, p. 18995
[No Relevant Discussion on Pertinent Section]
1.3e AREA DEVELOPMENT ACT
May 1,1961, P.L. 87-27, §15, 75 Stat. 58
URBAN PLANNING GRANTS
SEC. 15. (a) Paragraph (3) of section 701 (a) of the Housing Act of
1954 is amended by inserting after "counties which" the following:
"(A) are situated in areas designated by the Secretary of Commerce
under section 5 (a) of the Area Redevelopment Act as redevelopment
areas or (B)".
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280 LEGAL COMPILATION—SOLID WASTE
(b) Section 701(b) of such Act is amended by adding before the period
at the end of the first sentence a colon and the following: "Provided,
That a grant may be made under this section to a city, municipality, or
county described in clause (A) of subsection (a) (3), or to a State plan-
ning agency (as provided in clause (C) of subsection (a) (1)) for the
provision of planning assistance to such a city, municipality, or county,
for not more than 75 per centum of such estimated cost".
[p. 58]
1.3e (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 61, 87th Cong., 1st Sess. (1961)
AREA REDEVELOPMENT—1961
MARCH 8, 1961.—Ordered to be printed
Mr. DOUGLAS, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S. 1]
The Committee on Banking and Currency, to whom was referred the
bill (S. 1) to establish an effective program to alleviate conditions of
substantial and persistent unemployment and underemployment in
certain economically depressed areas, having considered the same, re-
port favorably thereon with amendments and recommend that the
bill as amended do pass.
[p. 1]
URBAN PLANNING GRANTS
Section 15 of the bill would amend section 701 of the Housing Act
of 1954 to permit an urban planning grant to be made directly to cities,
other municipalities, and counties in a redevelopment area. As a general
matter under present law, only cities, other municipalities, and counties
having a population of less than 50,000 are eligible for an urban planning
grant, and then only through a State planning agency. Larger cities
and counties can generally receive the assistance of such grants only
through the work of metropolitan or regional planning agencies.
[p. 22]
-------
STATUTES AND LEGISLATIVE HISTORY 281
It is the intention of this section to encourage small cities and counties
in a redevelopment area to take full advantage of the urban planning
grant assistance program without the time-consuming delays that
would be necessary if they had to comply with existing law and make
their applications through a State planning agency. It is also intended
to permit cities and counties with a population of 50,000 or more that
are situated in a redevelopment area to share in the benefits of this
program. This section also authorizes an increase in the amount of the
grant to 75 percent of the estimated cost of the planning work. Since
the communities sought to be assisted are generally least able to provide
the local share of the planning costs, the committee believes that this
liberalization of the sharing ratio for cities and counties located in a
redevelopment area is necessary.
[p. 23]
SECTION 15. URBAN PLANNING GRANTS
Subsection (a) amends section 701 of the Housing Act of 1954 so as
to make planning grants available to communities in redevelopment
areas with a population in excess of 25,000.
(b) Grants may be made for not more than 75 percent of the cost
of the planning.
[p. 31]
1.3e (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 186, 87th Cong., 1st Sess. (1961)
AREA REDEVELOPMENT ACT
MARCH 22, 1961.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. SPENCE, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S. 1]
The Committee on Banking and Currency, to whom was referred the
bill (S. 1), to establish an effective program to alleviate conditions of
substantial and persistent unemployment and underemployment in
certain economically distressed areas, having considered the same,
-------
282 LEGAL COMPILATION—SOLID WASTE
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows: Strike out all after the enacting clause
and insert the matter which appears in italic in the bill herewith reported
to the House.
[p. 1]
BACKGROUND OF THE BILL
Proposals for area redevelopment legislation have been before the
Congress for more than a decade. In the 84th Congress, 2d session,
a bill was reported out by this committee but never readied the floor
of the House. A similar bill passed the Senate later in that session, but
was not acted upon by the House. In the 85th Congress, area redevelop-
ment legislation passed both Houses of the Congress but was pocket
vetoed by the President on September 6, 1958. In the 86th Congress,
another bill, S. 722, was passed by both Houses but was also vetoed
by the President on May 13, 1960.
In spite of these delays, it should be noted that the principle of
Federal action to relieve unemployment in areas of persistent and sub-
stantial labor surplus has been endorsed in the platforms of both
parties. It has also received wide support from labor, industry,
municipal and private citizen groups. Shortly after his election last
November, President-elect Kennedy appointed a special task force
to consider the problem and recommend a program. President
[P-2]
Kennedy has made it clear that he feels that action in this field de-
serves the highest priority and should be acted upon promptly.
Area redevelopment legislation was the first bill introduced in the
Senate in the current session and was passed by that body on March 15
by a vote of 63 to 27. Meanwhile, a bill, H.R. 4569, was submitted
to the Congress by President Kennedy and introduced by Hon. Brent
Spence, chairman of the Committee on Banking and Currency. Two
full weeks of hearings on this legislation were held before Subcommittee
No. 2 (Hon. Wright Patman, chairman). This bill, as perfected by the
committee, was ordered reported as an amendment to S. 1 on March 21
by a vote of 20 to 6.
[p. 3]
Urban renewal and planning aid
The committee amendment makes it possible for redevelopment
areas to participate more fully in the Federal urban renewal program.
Under existing law, this program is available to localities which have
[p. 14]
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STATUTES AND LEGISLATIVE HISTORY 283
undertaken a program to clear and redevelop slums and to rehabilitate
blighted areas. Upon compliance with the policies and procedures of
the Housing and Home Finance Administrator, a locality may obtain
Federal financial assistance in the form of advances, loans and grants
for the planning and undertaking of urban renewal projects. Federal
advances are used to defray planning and other initial expenses. Tem-
porary loans are used as working capital, largely to acquire land and
to pay administrative overhead, and both loans and advances are re-
paid from the proceeds of land and the Federal grant. Federal grants
may not exceed two-thirds of the aggregate net project costs.
While the primary purpose of the urban renewal program is the elim-
ination of residential slums, there is a growing recognition of the im-
portance of nonresidential slum clearance projects. Sound city planning
often requires that rundown business districts be rehabilitated or cleared
and redeveloped if the city is to fulfill its proper functions. Such re-
development provides new opportunities for employment and business
expansion. Moreover, experience has shown that public revenues can
be increased manyfold by eliminating blight and returning land to its
highest and best use. By so increasing tax revenues, such projects enable
the local government to meet its many other responsibilities toward
its citizens.
Not more than 10 percent of future funds made available for capital
grants under the urban renewal program can be used for projects assisted
under the bill. Funds so used will not be charged to the existing 20 per-
cent authorization for nonresidential projects.
The bill also amends section 701 of the Housing Act of 1954 to permit
an urban planning grant to be made directly to cities; other munici-
palities, and counties in a redevelopment area. As a general matter
under present law, only cities, other municipalities, and counties having
a population of less than 50,000 are eligible for an urban planning grant,
and then only through a State planning agency. Larger cities and counties
can generally receive the assistance of such grants only through the work
of metropolitan or regional planning agencies.
This provision will encourage small cities and counties in a redevelop-
ment area to take full advantage of the urban planning grant assistance
program without the time-consuming delays that would be necessary if
they had to comply with existing law and make their applications through
a State planning agency. It will also permit cities and counties with a
population of 50,000 or more that are situated in a redevelopment area
to share in the benefits of this program.
[p. 15]
Section IB. Urban planning grants
This section amends section 701 of the Housing Act of 1954 to make
planning grants under that section available directly to counties, cities,
-------
284 LEGAL COMPILATION—SOLID WASTE
and other municipalities which are situated in areas designated as re-
development areas under section 5 (a) of the bill, without regard to
their population and without going through a State planning agency.
[p. 38]
SECTION 701 OF THE HOUSING ACT OF 1954
URBAN PLANNING
SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from increasing concentration of population
in metropolitan and other urban areas, including smaller communities,
to facilitate comprehensive planning for urban development by State
and local governments on a continuing basis, and to encourage State
and local governments to establish and develop planning staffs, the
Administrator is authorized to make planning grants to—
(1) State planning agencies, or (in States where no such planning
agency exists) to agencies or instrumentalities of State govern-
ment designated by the Governor of the State and acceptable
to the Administrator as capable of carrying out the planning func-
tions contemplated by this section, for the provision of planning
assistance to (A) cities, other municipalities, and counties having
a population of less than 50,000 according to the latest decennial
census, (B) any group of adjacent communities, either incorporated
or unincorporated, having a total population of less than 50,000
according to the latest decennial census and having common or
related urban planning problems resulting from rapid urbanization,
and (C) cities, other municipalities, and counties referred to in
paragraph (3) of this subsection and areas referred to in paragraph
(4) of this subsection;
(2) official State, metropolitan, and regional planning agencies
empowered under State or local laws or interstate compact to
perform metropolitan or regional planning;
(3) cities, other municipalities, and counties which (A) are situated
in areas designated by the Secretary of Commerce under section 5(a)
of the Area Redevelopment Act as redevelopment areas or (B) have
suffered substantial damage as a result of a catastrophe which the
President, pursuant to section 2(a) of "An Act to authorize Federal
assistance to States and local governments in major disasters, and
for other purposes" has determined to be a major disaster;,
(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
installation; and
(5) State planning agencies for State and interstate compre-
-------
STATUTES AND LEGISLATIVE HISTORY 285
hensive planning (as defined in subsection (d)) and for research
and coordination activity related thereto.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire urban areas having common or related urban development
problems.
(b) A grant made under this section shall not exceed 50 per centum
of the estimated cost of the work for which the grant is made: Provided,
That a grant may be made under clause (A) of paragraph (3) of subsection
(a) of this section for not more than 75 per centum of such estimated cost.
All grants made under this section shall be subject to terms and con-
ditions prescribed by the Administrator. No portion of any grant made
under this section shall be used for the preparation of plans for specific
public works. The Administrator is authorized, notwithstanding the
[p. 62]
provisions of section 3648 of the Revised Statutes, as amended, to make
advances or progress payments on account of any planning grant made
under this section. There is hereby authorized to be appropriated not
exceeding $20,000,000 to carry out the purposes of this section, and
any amounts so appropriated shall remain available until expended.
(c) The Administrator is authorized, in areas embracing several mu-
nicipalities or other political subdivisions, to encourage planning on a
unified metropolitan basis and to provide technical assistance for such
planning and the solution of problems relating thereto.
(d) It is the further intent of this section to encourage comprehensive
planning for States, cities, counties, metropolitan areas, and urban re-
gions and the establishment and development of the organizational
units needed therefor. In extending financial assistance under this sec-
tion, the Administrator may require such assurances as he deems ade-
quate that the appropriate State and local agencies are making reason-
able progress in the development of the elements of comprehensive
planning. Comprehensive planning, as used in this section, includes the
following, to the extent directly related to urban needs: (1) prepara-
tion, as a guide for long-range development, of general physical plans
with respect to the pattern and intensity of land use and the provision
of public facilities, together with long-range fiscal plans for such de-
velopment; (2) programming of capital improvements based on a de-
termination of relative urgency, together with definitive financing plans
for the improvements to be constructed in the earlier years of the pro-
gram; (3) coordination of all related plans of the departments or sub-
divisions of the government concerned; (4) inter-governmental coordina-
tion of all related planned activities among the State and local
governmental agencies concerned; and (5) preparation of regulatory and
administrative measures in support of the foregoing.
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286 LEGAL COMPILATION—SOLID WASTE
(e) In the exercise of his function of encouraging comprehensive
planning by the States, the Administrator shall consult with those
officials of the Federal Government responsible for the administration
of programs of Federal assistance to the States and municipalities for
various categories of public facilities.
[p. 63]
1.3e (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 256, 87th Cong., 1st Sess. (1961)
AREA REDEVELOPMENT ACT
APEIL 20, 1961.—Ordered to be printed
Mr. SPENCE, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany S. 1]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 1) to establish
an effective program to alleviate conditions of substantial and per-
sistent unemployment and underemployment in certain economically
distressed areas, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
That this Act may be cited as the "Area Redevelopment Act".
[p. 1]
URBAN PLANNING GRANTS
Both the House and Senate versions of the bill contained identical
language making it possible for urban planning grants to be made di-
rectly to areas designated under section 5 (a) of the Area Redevelopment
Act as redevelopment areas. It is our understanding that this provision
is not intended to bypass State planning agencies. Rather it is our under-
standing that the intention is to provide an alternative route for ex-
tending this planning assistance where deemed necessary or advisable
-------
STATUTES AND LEGISLATIVE HISTORY 287
but that existing State agencies will continue to be consulted and utilized
wherever practicable.
The Senate bill also authorizes urban planning grants of up to 75
percent of cost for such areas. This provision was not included in the
House amendment which kept the 50-percent limit applicable to urban
planning grants under existing law. The House recedes. Under the
substitute agreed to in conference, 75-percent grants could be made
for such areas either directly or through State planning agencies.
[p. 22]
1.3e (4) CONGRESSIONAL RECORD, VOL. 107 (1961)
1.3e (4)(a) March 15: Debated and passed Senate, pp. 3998, 4017,
4044
[No Relevant Discussion on Pertinent Section]
1.3e (4)(b) March 28, 29: Debated, amended, and passed House,
pp. 5047, 5221, 5254
[No Relevant Discussion on Pertinent Section]
1.3e (4)(c) April 20: Senate concurs in conference report, pp. 6392,
6399
[No Relevant Discussion on Pertinent Section]
1.3e (4)(d) April 26: House concurs in conference report, pp.
6719-6720
[No Relevant Discussion on Pertinent Section]
1.3f HOUSING ACT OF 1961
June 30, 1961, P.L. 87-70, Title III, §310, 75 Stat. 170
URBAN PLANNING ASSISTANCE
SEC. 310. (a) Section 701 of the Housing Act of 1954 is amended by—
(1) striking out "50 per centum" in the first sentence of sub-
section (b) and inserting in lieu thereof "two-thirds";
(2) striking out "20,000,000" in the last sentence of subsection (b)
and inserting in lieu thereof "$75,000,000";
(3) inserting after "public facilities" in clause (1) of subsection (d)
"including transportation facilities"; and
(4) adding at the end thereof the following new subsection:
"(f) The consent of the Congress is hereby given to any two or more
States to enter into agreements or compacts, not in conflict with any
-------
288 LEGAL COMPILATION—SOLID WASTE
law of the United States, for cooperative efforts and mutual assistance
in the comprehensive planning for the physical growth and development
of interstate, metropolitan, or other urban areas, and to establish such
agencies, joint or otherwise, as they may deem desirable for making
effective such agreements and compacts."
(b) Section 701 of such Act is further amended by—
(1) striking out the matter preceding paragraph (1) of subsection
(a) and inserting in lieu thereof the following:
"SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from the increasing concentration of popu-
lation in metropolitan and other urban areas, including smaller com-
munities; to facilitate comprehensive planning for urban development,
including coordinated transportation systems, on a continuing basis by
such governments; and to encourage such governments to establish
and improve planning staffs, the Administrator is authorized to make
planning grants to—";
(2) inserting the following after "agencies" in paragraph (2) of
subsection (a): ", or other agencies and instrumentalities desig-
nated by the Governor (or Governors in the case of interstate
planning) and acceptable to the Administrator,";
(3) adding the following at the end of subsection (a): "The Ad-
ministrator shall encourage cooperation in preparing and carry-
ing out plans among all interested municipalities, political sub-
divisions, public agencies, and other parties in order to achieve
coordinated development of entire areas. To the maximum ex-
tent feasible, pertinent plans and studies already made for areas
shall be utilized so as to avoid unnecessary repetition of effort
and expense. Planning which may be assisted under this section
includes the preparation of comprehensive urban transportation
surveys, studies, and plans to aid in solving problems of traffic
congestion, facilitating the circulation of people and
[p- 170]
goods in metropolitan and other urban areas and reducing transportation
needs. Funds available under this section shall be in addition to and may
be used jointly with funds available for planning surveys and investiga-
tions under other Federally-aided programs, and nothing contained in
this section shall be construed as affecting the authority of the Secretary
of Commerce under section 307 of title 23, United States Code."; and
(4) striking out the first sentence of subsection (d) and inserting in
lieu thereof the following: "It is the further intent of this section to
encourage comprehensive planning, including transportation planning,
for States, cities, counties, metropolitan areas, and urban regions and
-------
STATUTES AND LEGISLATIVE HISTORY 289
the establishment and development of the organizational units needed
therefor. The Administrator is authorized to provide technical assistance
to State and local governments and their agencies and instrumentalities
undertaking such planning and, by contract or otherwise, to make
studies and publish information on related problems."
[p. 171]
1.3f (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 281, 87th Cong., 1st Sess. (1961)
HOUSING ACT OF 1961
MAY 19, 1961.—Ordered to be printed
Mr. SPABKMAN, from the Committee on Banking and Currency, submitted
the following
REPORT
[To accompany S. 1922]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 1922) to assist in the pro-
vision of housing for moderate- and low-income families, to promote
orderly urban development, to extend and amend laws relating to hous-
ing, urban renewal, and community facilities, and for other purposes,
and recommend that the bill do pass.
INTRODUCTION
GENERAL
The Subcommittee on Housing held hearings on April 4-7, April
10-14, and April 20, 1961, to consider S. 517, S. 518, S. 605, S. 608,
S. 726, S. 766, S. 858, S. 1226, S. 1245, S. 1324, S. 1478, and S. 1481.
These hearings resulted in a printed record of over 1,000 pages. In addi-
tion, on March 20, 21, and 22, 1961, the subcommittee held hearings
to consider S. 345, a bill to provide for an urban mass transportation
program. This hearing resulted in a printed record of some 450 pages.
On April 26 and 27, the subcommittee, in executive session, considered
these measures, the testimony received during the hearings, and all
other matters presented to it in connection with 1961 housing legisla-
-------
290 LEGAL COMPILATION—SOLID WASTE
tion and subsequently made recommendations to the committee. After
executive sessions on May 16, 17, and 18, 1961, during which the com-
mittee considered the subcommittee's recommendations and other
bills and proposals, an original bill was drafted by the committee and
is reported for the consideration of the Senate.
In general, the committee bill is designed (1) to bring about a re-
alistic housing program for moderate-income families; (2) to encour-
age the rehabilitation and improvement of existing properties by
[p. 1]
establishing a long-term, low-interest rate improvement and rehabilita-
tion program within the medium of FHA loan insurance; (3) to en-
courage research and development and the use of advanced technology
in the construction industry by permitting the FHA Commissioner to
insure mortgages on buildings which are constructed on an experimental
basis with improved methods and materials; (4) to initiate a new pro-
gram of Federal aid to communities for the acquisition of undeveloped
land for preservation and use as open space; (5) to assist in the improve-
ment of mass transit systems; and (6) to provide continuity for various
existing housing programs and to make necessary technical amendments
to insure that existing housing programs better serve the housing needs
of the people.
Much of the legislation contained in this bill has particular significance
because no general housing legislation was enacted during the second
session of the 86th Congress.
[p-2]
URBAN PLANNING
Planning assistance
Section 311 of the bill would change the urban planning grant pro-
gram (sec. 701 of the Housing Act of 1954) to (1) increase the Federal
share of costs of planning activities undertaken under that program
from one-half to two-thirds, (2) increase the authorization for appro-
priations for grants from $20 million to $100 million, (3) clarify eligibility
of transportation planning for assistance, and (4) facilitate interstate
planning for metropolitan areas and other urban areas crossing state
boundaries.
1. The increase in the Federal share from one-half to two-thirds
would enable States to give broader assistance to planning in
smaller communities and would stimulate metropolitan planning. The
Housing Act of 1954 recognizes the need for State operations on
[p. 31]
behalf of smaller communities in the resolution of development problems
-------
STATUTES AND LEGISLATIVE HISTORY 291
and the need, in larger urban areas, for an attack on such problems on
a State, regional or metropolitan basis. An increase in the Federal share
in the urban planning assistance program would facilitate such actions.
The program was originally developed in part in recognition of the fact
that local funds for planning are hardest to obtain in smaller cities and
for areawide planning activities.
This increase is also designed to facilitate the coordination of highway
planning and general urban planning by bringing the Federal share of
costs of the latter closer to the level provided for highway planning.
2. The increase in the Federal share will in itself, of course, require
some increase in authorization. However, heavily increased demands
for planning assistance are expected to derive from several other sources,
which will constitute the major need for increased authorization. These
sources are:
(a) The broadened program under the Housing Act of 1959,
providing assistance to communities with populations up to 50,000
(from a former 25,000 limit) to groups of adjacent small communi-
ties, to counties under 50,000 in population, and to States for State
and interstate comprehensive planning. There has been an in-
creasing participation and interest on the part of these newly eligible
communities, counties, and States.
(b) The recent agreement between the Housing Agency and
the Department of Commerce to jointly assist coordinated high-
way and general planning activities, particularly in urban areas.
Although this is regarded as experimental, wide expressions of
interest have been received from all over the country. The costs
of these large-scale projects are expected to be substantially higher
than those of typical section 701 projects.
(c) Increasing attention to the general planning aspects of mass
transportation development in metropolitan areas. This type of
planning is now possible under the present law if sufficient funds
are available.
(d) Proposals for programs of assistance to depressed areas ex-
tending urban planning assistance to communities in such areas
regardless of population.
Assurance of adequate funds will enable States to establish assistance
programs for smaller communities on a more systematic basis and will
permit metropolitan agencies to increase the scope and intensity of
their planning activities. The uncertain availability of Federal funds
in the past has been an inhibiting factor on such activities. Thus far,
$16.4 million has been appropriated of the presently authorized $20
million.
3. Several amendments would be made to section 701 to make it
-------
292 LEGAL COMPILATION—SOLID WASTE
clear that the planning assisted by the Housing Administrator under
that section may include mass transportation planning. Eligible plan-
ning would specifically include, but not be limited to, the preparation
of surveys to determine the need for mass transportation and of plans
for the development of comprehensive and coordinated mass trans-
portation systems.
It would be specified that the section 701 program authority is in
addition to and not in derogation of the authority of the Secretary
of Commerce to make funds available for highway planning, surveys,
[p. 32]
and investigations, or of other such authority in connection with fed-
erally aided programs.
4. Blanket authorization for compacts between States for planning
activities assisted by this program is to provide assurance to States
that the constitutional prohibition on interstate compacts is not violated
by agreements between States to engage in joint planning activities.
It would relieve the States of having to obtain congressional consent
for each such joint planning activity contemplated over a period of
time. This blanket authorization would not, of course, run to other
joint undertakings between States that might require congressional
approval.
At the present time there are 215 standard metropolitan statistical
areas of which 22 extend beyond a single State. There are, in addition,
a variety of lesser urban areas lying across State lines which should be
planned as entities. This general authorization for interstate planning
will permit and encourage interstate planning activities eligible to be
assisted under the urban planning assistance program.
IP- 33]
URBAN PLANNING ASSISTANCE
Planning assistance
Section 811(1).—Amends section 701 of the Housing Act of 1954 to
change the amount of grant from one-half to two-thirds of the esti-
mated cost of the work for which the grant is made.
Section 311(2).—Amends section 701 of such act to increase appro-
priation authorization from $20 million to $100 million.
Section 311(3).—Amends section 701 of such act to extend planning
to include the preparation of comprehensive mass transportation surveys
to help problems of mass transit in urban areas.
Section 311(4).—Amends section 701 of such act to permit grants to
be made to interstate planning agencies formed by interstate compacts.
[p. 103]
-------
STATUTES AND LEGISLATIVE HISTORY 293
1.3f (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 447, 87th Cong., 1st Sess. (1961)
HOUSING ACT OF 1961
JtrNE 1, 1961.—Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
Mr. RAINS, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany H. R. 6028]
The Committee on Banking and Currency, to whom was referred
the bill (H.R. 6028) to assist in the provision of housing for moderate
and low income families, to promote orderly urban development, to
extend and amend laws relating to housing, urban renewal, and com-
munity facilities, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert the matter which
appears in italic in the bill herewith reported to the House.
[p. 1]
The bill also expands the existing urban renewal planning grant pro-
gram to enable communities to obtain professional advice in analyzing
the demands which will be placed on them by population growth and
to develop community plans to meet this growth. Additional funds are
provided for urban planning and the Federal share of the cost would
be raised from one-half to two-thirds.
[p. 6]
UKBAN PLANNING
The bill would change the urban planning grant program (sec. 701 of
the Housing Act of 1954) to (1) increase the Federal share of costs of
planning activities undertaken under that program from one-half to
two-thirds, (2) increase the authorization for appropriations for grants
from $20 million to $50 million, (3) clarify eligibility of transportation
-------
294 LEGAL COMPILATION—SOLID WASTE
planning for assistance, and (4) facilitate interstate planning for metro-
politan areas and other urban areas crossing State boundaries (sec. 310
of bill).
1. The increase in the Federal share from one-half to two-thirds
would enable States to give broader assistance to planning in smaller
communities and would stimulate metropolitan planning. The Housing
Act of 1954 recognizes the need for State operations on behalf of smaller
communities in the resolution of development problems and the need,
in larger urban areas, for an attack on such problems on a State, re-
gional, or metropolitan basis. An increase in the Federal share in the
urban planning assistance program would facilitate such
[p. 26]
actions. The program was originally developed in part in recognition of
the fact that local funds for planning are hardest to obtain in smaller
cities and for area-wide planning activities.
This increase is also designed to facilitate the coordination of highway
planning and general urban planning by bringing the Federal share of
costs of the latter closer to the level provided for highway planning.
2. The increase in the Federal share will in itself, of course, require
some increase in authorization. However, heavily increased demands for
planning assistance are expected to derive from several other sources,
which will constitute the major need for increased authorization. These
sources are:
(a) The broadened program under the Housing Act of 1959, provid-
ing assistance to communities with populations up to 50,000 (from a
former 25,000 limit) to groups of adjacent small communities, to counties
under 50,000 in population, and to States for State and interstate com-
prehensive planning. There has been an increasing participation and
interest on the part of these newly eligible communities, counties, and
States.
(b) The recent agreement between the Housing Agency and the De-
partment of Commerce to jointly assist coordinated highway and general
planning activities, particularly in urban areas. Although this is regarded
as experimental, wide expressions of interest have been received from all
over the country. The costs of these large scale projects are expected to
be substantially higher than those of typical section 701 projects.
(c) Increasing attention to the general planning aspects of mass trans-
portation development in metropolitan areas. This type of planning is
now possible under the present law if sufficient funds are available.
(d) Proposals for programs of assistance to depressed areas extending
urban planning assistance to communities in such areas regardless of
population.
-------
STATUTES AND LEGISLATIVE HISTORY 295
Assurance of adequate funds will enable States to establish assistance
programs for smaller communities on a more systematic basis and will
permit metropolitan agencies to increase the scope and intensity of
their planning activities. The uncertain availability of Federal funds in
the past has been an inhibiting factor on such activities. Thus far, $16.4
million has been appropriated of the presently authorized $20 million.
3. The insertion of the phrase "including transportation facilities" into
the urban planning law is intended to clarify the fact that transportation
facilities are public facilities and, therefore, that transportation planning
is eligible for assistance under that law.
4. Blanket authorization for compacts between States for planning
activities assisted by this program is to provide assurance to States that
the constitutional prohibition on interstate compacts is not violated by
agreements between States to engage in joint planning activities. It
would relieve such joint planning activity contemplated over a period of
time. This blanket authorization would not, of course, run to other joint
undertakings between States that might require congressional approval.
[p. 27]
At the present time there are 215 standard metropolitan statistical
areas of which 22 extend beyond a single State. There are, in addition,
a variety of lesser urban areas lying across State lines which should be
planned as entities. This general authorization for interstate planning
will permit and encourage interstate planning activities eligible to be
assisted under the urban planning assistance program.
[p. 28]
Section 310. Urban planning assistance
This section amends section 701 of the Housing Act of 1954 to in-
crease from one-half to two-thirds the Federal share of the cost of the
urban planning activities undertaken thereunder, to increase the grant
authorization from $20 million to $50 million, to emphasize the trans-
portation aspect of comprehensive planning, and to facilitate interstate
planning for metropolitan and other urban areas crossing State boundaries
by giving blanket consent to interstate agreements or compacts for such
purpose.
[p- 74}
SECTIONS 701 AND 702 OF THE HOUSING ACT OF 1954
URBAN PLANNING
SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from increasing concentration of population
-------
296 LEGAL COMPILATION—SOLID WASTE
in metropolitan and other urban areas, including smaller communities,
to facilitate comprehensive planning for urban development by State
and local governments on a continuing basis, and to encourage State
and local governments to establish and develop planning staffs, the
Administrator is authorized to make planning grants to—
(1) State planning agencies, or (in States where no such planning
agency exists) to agencies or instrumentalities of State government
designated by the Governor of the State and acceptable to the
Administrator as capable of carrying out the planning functions
contemplated by this section, for the provision of planning as-
sistance to (A) cities, other municipalities, and counties having
a population of less than 50,000 according to the latest decennial
census, (B) any group of adjacent communities, either incorporated
or unincorporated, having a total population of less than 50,000
according to the latest decennial census and having common or re-
lated urban planning problems resulting from rapid urbanization,
and (C) cities, other municipalities, and counties referred to in
paragraph (3) of this subsection and areas referred to in paragraph
(4) of this subsection;
(2) official State, metropolitan, and regional planning agencies
empowered under State or local laws or interstate compact to per-
form metropolitan or regional planning;
(3) cities, other municipalities, and counties which have suffered
substantial damage as a result of a catastrophe which the President,
pursuant to section 2(a) of "An Act to authorize Federal assistance
to States and local governments in major disasters, and for other
purposes" has determined to be a major disaster;
(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
installation; and
(5) State planning agencies for State and interstate compre-
hensive planning (as defined in subsection (d)) and for research
and coordination activity related thereto.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire urban areas having common or related urban development
problems.
(b) A grant made under this section shall not exceed [50 per centum]
two-thirds of the estimated cost of the work for which the grant is made.
All grants made under this section shall be subject to terms and condi-
tions prescribed by the Administrator. No portion of any grant made
under this section shall be used for the preparation of plans for specific
public works. The Administrator is authorized, notwithstanding the
-------
STATUTES AND LEGISLATIVE HISTORY 297
provisions of section 3648 of the Revised Statutes, as amended, to make
advances or progress payments on account of any planning grant made
under this section. There is hereby authorized to be appropriated not
exceeding [20 million] $100 million to carry out the purposes of this section,
and any amounts so appropriated shall remain available until expended.
(c) The Administrator is authorized, in areas embracing several mu-
nicipalities or other political subdivisions, to encourage planning on a
unified metropolitan basis and to provide technical assistance for such
planning and the solution of problems relating thereto.
(d) It is the further intent of this section to encourage comprehensive
planning for States, cities, counties, metropolitan areas, and urban re-
gions and the establishment and development of the organizational
units needed therefor. In extending financial assistance under this sec-
tion, the Administrator may require such assurances as he deems ade-
quate that the appropriate State and local agencies are making reason-
able progress in the development of the elements of comprehensive
planning. Comprehensive planning, as used in this section, includes the
following, to the extent directly related to urban needs: (1) preparation,
as a guide for long-range development, of general physical plans with
respect to the pattern and intensity of land use and the provision of
public facilities, including transportation facilities, together with long-
range fiscal plans for such development; (2) programing of capital im-
provements based on a determination of relative urgency, together with
definitive financing plans for the improvements to be constructed in the
earlier years of the program; (3) coordination of all related plans of the
departments or subdivisions of the government concerned; (4) inter-
governmental coordination of all related planned activities among the
State and local governmental agencies concerned; and (5) preparation of
regulatory and administrative measures in support of the foregoing.
(e) In the exercise of his function of encouraging comprehensive plan-
ning by the States, the Administrator shall consult with those officials
of the Federal Government responsible for the administration of programs
of Federal assistance to the State and municipalities for various categories
of public facilities.
(/) The consent of the Congress is hereby given to any two or more States
to enter into agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance in the compre-
hensive planning for the physical growth and development of interstate
metropolitan or other urban areas, and to establish such agencies, joint or
otherwise, as they may deem desirable for making effective such agreements
and compacts.
[p. 163]
-------
298
LEGAL COMPILATION—SOLID WASTE
1.3f (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 602, 87th Cong., 1st Sess. (1961)
HOUSING ACT OF 1961
JUNE 27, 1961.—Ordered to be printed
Mr. RAINS, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany S. 1922]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 1922) to assist
in the provision of housing for moderate and low income families, to
promote orderly urban development, to extend and amend laws re-
lating to housing, urban renewal, and community facilities, and for
other purposes, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as follows:
* * *
URBAN PLANNING ASSISTANCE
Grant authorization
The House bill would have authorized an increase of $30 million in
the funds for urban planning grants. The Senate bill provided for an
increase of $80 million. The conference substitute authorizes an increase
of $55 million.
[p. 52]
1.3f (4) CONGRESSIONAL RECORD, VOL. 107 (1961)
1.3f (4)(a) June 1, 12: Debated, amended and passed Senate, pp.
9322, 9325
Urban planning assistance
Planning Assistance
Section 311(1): Amends section 701 of the
Housing Act of 1954 to change the amount of
grant from one-half to two-thirds of the estimated
cost of the work for which the grant is made.
Section 311(2): Amends section 701 of such act
to increase appropriation authorization from $20
million to $100 million.
Section 311(3): Amends section 701 of such act
to extend planning to include the preparation of
comprehensive mass transportation surveys to help
solve problems of mass transit in urban areas.
-------
STATUTES AND LEGISLATIVE HISTORY
299
Section 311(4): Amends section 701 of such act
to permit grants to be made to interstate planning
agencies formed by interstate compacts.
[p. 9322]
MR. SPARKMAN.
*****
Section 311 would change the urban
planning grant program—section 701 of
the Housing Act of 1954—to, first, in-
crease the Federal share of the cost of
planning activity undertaken under the
program from one-half to two-thirds;
second, increase the authorization for
appropriations for grants from $20 to $100
million; and, third, facilitate interstate
planning for metropolitan areas and other
urban areas crossing State boundaries.
[p. 9325]
1.3f (4)(b) June 22: Amended and passed House, pp. 11113, 11125-
11127
Urban planning assistance
SEC. 310. Section 701 of the Housing Act o
1954 is amended by—
(1) striking out "50 per centum" in the firs
sentence of subsection (b) and inserting in lieu
thereof "two-thirds";
(2) striking out "$20,000,000" in the last sentence
of subsection (b) and inserting in lieu thereo
"$50,000,000";
(3) inserting after "public facilities" in clause
(1) of subsection (d) ", including transportation
facilities"; and
(4) adding at the end thereof the following new
subsection:
"(f) The consent of the Congress is hereby given
to any two or more States to enter into agreements
or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutua'
assistance in the comprehensive planning for the
physical growth and development of interstate
metropolitan or other urban areas, and to establish
such agencies, joint or otherwise, as they may
deem desirable for making effective such agree-
ments and compacts."
[p. 11113]
MR. MAGNUSON
The time for thoughtful planning and
bold action has arrived. In most areas of
our country, open space is still available.
However, our sprawling urban complexes
are rapidly limiting this availability in
their environs—cutting forests, polluting
air and streams, constructing row upon
row of crackerbox housing without con-
sideration for the human values of the
people who must live there. As our
Secretary of Interior, Stewart Udall, has
so wisely stated,
America's land and water are on the block. The
highest bidder is seldom the wisest user. Short-term
developments and short-term gains will be debited
a thousandfold against the assets of future genera-
tions, whose claim on America is as valid as ours.
Mr. CAHILL. Mr. Chairman, I offer
an amendment.
The Clerk read as follows:
Amendment offered by Mr. CAHILL:
And on page 107, line 4, insert "(a)"
after "Sec. 310.".
On page 107, after line 24, insert the
following:
(b) Section 701 of such Act is further amended
by— •-
(1) striking out the matter preceding paragraph
(1) of subsection (a) and inserting in lieu thereof
the following:
"SEC. 701. (a) In order to assist State and local
lovernments in solving planning problems result-
Ing from the increasing concentration of population
in metropolitan and other urban areas, including
smaller communities, to facilitate comprehensive
planning for urban development on a continuing
>asis by such governments for urban development
and the coordination of transportation systems in
urban areas, and to encourage such governments
establish and improve planning staffs, the
Administrator is authorized to make planning
grants to—•"; and
(2) adding at the end of subsection (a) the
ollowing: "Planning which may be assisted under
his section includes the preparation of compre-
lensive mass transportation surveys and plans to
id in solving problems of traffic congestion and
acilitating the circulation of people and goods in
rban and metropolitan areas through the develop-
aent of comprehensive and coordinated mass
ransportation systems. Funds available under this
iction shall be in addition to funds available for
lanning surveys and investigations under other
^ederally aided programs, and nothing contained
m this section shall be construed as affecting the
-------
300
LEGAL COMPILATION—SOLID WASTE
authority of the Secretary of Commerce unde
section 307 of title 23, United States Code."
[p. 11125
Mr. CAHILL. Mr. Chairman, I woulc
like to briefly state what these amend-
ments provide.
First of all, let me say this has to do
with mass transportation. It is a subject
I would assume every one in the House
regardless of how they feel about the
balance of the bill, will agree should be in
the bill.
The amendments that you heard read
briefly do these things:
Second, they authorize the Adminis-
trator to use money already authorized
in the bill for urban planning for plan-
ning for mass transportation in com-
munities.
*****
Mr. Chairman, may I say very frankly
I know there are many in the House who
have introduced bills which will take care
of mass transportation. I know the sub-
committee headed by the gentleman from
New York is presently working on this
problem. But I would call the attention of
the House to the fact that in the other
body the housing bill by an amendment
offered by the Senator from New Jersey
included these provisions. Therefore, if we
accept this amendment and pass the bill,
as amended, we will be in a position to
start our work on mass transportation
right now. We will not have to wait until
the committee reports the bill, the bill is
printed, and is scheduled for considera-
tion, which may well be in the next session
of the Congress.
I need not tell the Members of the
House of the need for studies and pilot
projects in mass transportation. In every
Member's district I dare say this problem
exists. One has only to look at the city of
Washington and every other city in
America to realize the great need for some
solution of this mass transportation
problem.
It seems to me, Mr. Chairman, if we
are going to develop urban communities
and bring more people in there, we had
better start finding a way to get them in
and out.
Mr. Chairman, I urge the Members of
the House to accept these amendments,
that they pass the bill as amended, so
that we can start immediately to solve
this problem. I think the time for study
is over and I think the time for action is
here.
Mr. Chairman, I urge the adoption of
the amendment.
Mr. RYAN. Mr. Chairman, will the
gentleman yield?
Mr. CAHILL. I yield to the gentleman
from New York.
Mr. RYAN. Is your amendment
drawn in the same language as the
amendment introduced in the Senate?
Mr. CAHILL. Yes. This is almost the
identical language of the amendment in-
troduced by Senator WILLIAMS.
Mr. Chairman, let me further say I
do not suppose there is a Member in the
House who will not admit that trans-
portation is one of the most serious prob-
lems in his district. In my own district,
we are faced at the present time with an
application by a railroad to discontinue
all passenger service in south Jersey.
Our highway department is swamped
with requests from irate citizens for im-
mediate action in the construction of
new highways and the modernization of
old ones. Every avenue of ingress and
igress to our cities is jammed with auto-
mobiles. One but has to think of the
conditions of traffic here in Washington
n the morning and in the evening to
'ully recognize the great need for a solution
o mass transportation.
There is no great need for me to belabor
;he House with arguments in favor of
,hese amendments. I am sure that every
Member in the House agrees as to their
need and that the only disagreement might
come as to the manner in which it should
>e provided. The question, it seems to me,
s, Shall we do it by amendment to the
lousing bill or shall we do it by separate
igislation?
-------
STATUTES AND LEGISLATIVE HISTORY
301
I would agree that a better plan mighi
be a separate bill if we could vote on thai
bill today but contend with all of the sin-
cerity and forcefulness I possess thai
even 1 more day's delay is inexcusable. ]
doubt very much if any separate trans-
portation bill could be ready for floor
action during this session of the Congress
and thus whatever aids are necessary in
the immediate future will be necessarily
postponed for another year. This has been
the history of mass transportation
Everybody agrees that something must be
done but it is always put off until next
year.
I would call the Members' attention to
the fact that Senator WILLIAMS, in the
other body, presented an amendment to
the housing bill which was accepted by
the other body and is now part of the
Senate housing bill. In his statement
Senator WILLIAMS forcefully and com-
pletely made the case for mass trans-
portation. He pointed out the problems
facing our citizens, the effect upon our
merchants, and on real estate firms, how
the failure to solve this problem has
discouraged investment in big cities, how
it has aided in spreading urban blight,
how it has increased the cost of moving
goods in interstate commerce, how it has
increased accident insurance rates and
costs, and most importantly, how it has
deprived the individual citizen of peace
of mind. As he said in his public statement:
Never has anyone devised any more cunniug
device of human torture than the traffic jam.
I would agree completely with the Sen-
ator from New Jersey and say to the
House that we should follow the example
of the other Body and incorporate into
our housing bill this amendment which
would be the first step toward the solution
of this vital problem.
I would call the attention of the House
to the fact that the U.S. Conference of
Mayors, the National Association of
Home Builders, the AFL-CIO, the
American Municipal Association, and,
literally, hundreds of other civic-minded
organizations have endorsed this type
legislation. Studies by the hundreds
have been made, all of which are in agree-
ment that immediate action is essential.
All that is happening by way of further
studies is that traffic daily grows worse
and the problem daily becomes more
acute.
It seems to me absolutely ridiculous to
suggest that we should have urban rede-
velopment, new homes for cities, and the
other aids suggested in this Housing bill
if we are not at the same time going to
provide a way for people to get into and
out of these cities. I suggest that this
amendment would encourage the contin-
uance rather than cause the abandonment
of vital rail service, of necessary bus
service. It would provide a ray of hope for
people in the transportation field.
Among the existing problems that need
immediate attention and solution we can,
I think, include such things as moderniza-
tion of railway cars and equipment, joint
use of stations and terminals by all trans-
portation agencies, coordination of parking
facilities with mass transportation facilities
so that outlying districts can be properly
serviced and masses can be economically
and speedily transported to urban em-
ployment. These are but a few of the
multitudes of problems. Senator WILLIAMS
in his speech before the other body pre-
sented
[p. 11126]
some 15 specific problems which, in his
judgment, needed immediate solution. I
would agree with the Senator and say that
tie listed only those which, in his judg-
ment, were the most important.
I am sure Members of the House
remember the recent NBC television show
concerning the great problem of our rail-
roads and our transportation system.
ivery national magazine and alert news-
>aper has been for many years pointing
up this problem and suggesting means of
solving it. We know that no city, that
no State can solve this problem by itself.
t is indeed a national problem and a
national disgrace.
I again urge, therefore, the Members
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302
LEGAL COMPILATION—SOLID WASTE
of the House to accept this amendmem
so that immediate attention can be given
to this pressing problem.
Mr. MULTER. Mr. Chairman, I rise
in opposition to the amendment.
Mr. Chairman, during the course o:
the debate on the rule on this bill 1
caused to be inserted in the RECOKD, anc
it appears on page 10941 of the RECORD
of June 21, a statement indicating that
the administration bill on mass trans-
portation had been introduced; it is H.R
7787. There you will find the bill and
an explanation of the bill and my state-
ment about it. On Tuesday next we start
hearings on the bill before my sub-
committee of the Committee on Banking
and Currency. We now have scheduled
witnesses for Tuesday, Wednesday, and
Thursday of next week. We will continue
hearings until we have completed them,
and then go into executive session and
report a bill to the full committee which
I think will warrant reporting by the full
committee to the House for action.
Mr. Chairman, no amendment was
offered in the subcommittee to this bill
along the lines of that just offered. There
have been no hearings in the House or by
any House committee on this subject. No
such amendment was offered in the full
committee. I think this House should not
attempt to pass an amendment of this
kind that calls for the expenditure of
$100 million which will go to munici-
palities, to railroads and to others engaged
in the mass transportation business. This
may be the thing to do, but with the
recommendation at this time of the
administration for $10 million, I think
certainly we need full hearings on the
subject. After that we can come up with a
bill which will cover this matter and
nothing else. In that way we can devote
the proper attention to it and do the job
that needs doing.
Mr. CAHILL. Mr. Chairman, will the
gentleman yield?
Mr. MULTER. I yield to the gentle-
man from New Jersey.
Mr. CAHILL. Am I not right and does
the gentleman not agree that this amend-
ment does not provide any additional
money, but that it merely utilizes the
money that is already in the bill and
permits the administrator to utilize some
of those funds for a mass-transportation
study?
Mr. MULTER. I will take the gentle-
man's word that that is what he is doing
here, but I do see staring me in the face
an allocation of $100 million for mass
transportation. I do not think we ought
to allocate $100 million, whether it is
already authorized or will be authorized or
appropriated by this bill until we have had
full and complete hearings, indicating
what the problem is and how much money
should be allocated to this program.
Mr. CAHILL. I want to assure the
gentleman that this $100 million is coming
out of the $500 million that is new money
appropriated in the bill.
Mr. MULTER. I am sure the gentleman
is in no position to assure the House that
the $100 million allocated in another part
of the housing bill is not needed for
housing facilities. I would be the last one
in the world to urge that we take that
money out of the housing program and
allocate it to mass transportation. If we
need $100 million or any other sum for
mass transportation, let the hearings that
we will hold establish that fact and then
come before this House with a bill that will
do the job.
Mr. Chairman, I urge the defeat of the
amendment.
Mrs. DWYER. Mr. Chairman, I move
;o strike out the last word.
Mr. Chairman, I strongly support the
proposed amendment which would add
;o the committee bill a mass transportation
)rogram similar to that contained in the
Senate bill.
As I stated in my remarks before the
louse yesterday, there is no more urgent
national problem today than the need to
ree our cities and metropolitan areas from
he choking conditions of modern traffic by
leveloping comprehensive metropolitan
mass transit systems.
I recognize that the House has held no
learings on mass transportation legislation
-------
STATUTES AND LEGISLATIVE HISTORY
303
this year. As a sponsor of such a bill,
have urged the committee to hold hearing
and I have regretted the committee'
failure to do so. I remind the House
however, that hearings were held on simi
lar legislation last year by the Committe
on Banking and Currency. The Senatt
has also held extensive hearings on the
subject for 2 successive years. Moreover
the platforms adopted last year by botl
the Republican and Democratic Conven
tions specifically recommended enactmen
of legislation similar to the pending
amendment.
I can conceive of no subject upon
which more attention and greater study
has been lavished. The problem has been
recognized increasingly to be one of the
most serious domestic problems facing our
Nation, and there is virtually no disagree-
ment about the fundamental means ol
attacking it.
As evidence of this unanimity, Mr.
Chairman, I consider it especially sig-
nificant that the Advisory Commission on
Intergovernmental Relations just 2
months ago strongly endorsed the pur-
poses and provisions of the mass trans-
portation bill—the same bill passed by
the Senate and pending before the
Banking and Currency Committee.
The bill and the pending amendment
would authorize long-term loans up to
$100 million, provide for Federal technical
assistance and research, and make avail-
able to State and local agencies aid in
planning and testing alternative ways of
improving urban transportation systems.
The program would be administered by
the Housing and Home Finance Agency.
As the Commission and many other
groups have recognized, the provision of
loans and planning grants of moderate
size will stimulate State and local govern-
ments to assume their rightful responsi-
bilities with respect to mass transportation
planning and development.
The time for action, Mr. Chairman, is
now. The metropolitan area mass trans-
portation problem is a national one. The
economic loss due to traffic congestion in
the 10 major urban centers of the country
approaches $5 billion a year. The present
decline in urban mass transportation
facilities represents an immediate threat
to the survival of metropolitan areas as
we know them.
The need to strengthen commuter
transportation service by improving fa-
cilities, stabilizing fares, providing more
convenient schedules, and attracting more
satisfied customers is probably the most
important single problem facing heavily
populated urban areas.
Equally important, however, is the
need to balance all forms of urban trans-
portation, to develop an overall trans-
portation system which will serve effec-
tively and efficiently the divers require-
ments of the entire area, and to integrate
such a system with all other land-use
considerations in the area.
This amendment faces up to these
needs by providing sound criteria for
essential long-term loans and by establish-
ing the machinery necessary for better
planning at local, State, and National
.evels—planning that will assure us the
Dest use of our resources at lowest possible
costs and with maximum advantages for
all our people.
Mr. RAINS. Mr. Chairman, I move to
strike out the last word.
Mr. Chairman, the gentleman from
York, who I know is as much con-
cerned with this problem as anyone else,
las well stated the case. There is to be
wme consideration of the legislation on it
n the near future.
But certainly this frail bark is no place
o put this type of amendment and I
ertainly hope those who want to case an
conomy vote will do so because here is a
eal good spot.
The CHAIRMAN. The question is on
lie amendment offered by the gentleman
rom New Jersey [Mr. CAHILL].
The amendment was rejected.
[p. 11127]
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304 LEGAL COMPILATION—SOLID WASTE
1.3f (4)(c) June 28: House agrees to conference report, p. 11510
[No Relevant Discussion on Pertinent Section]
1.3f (4)(d) June 28: Senate agrees to conference report, pp. 11566,
11577
[No Relevant Discussion on Pertinent Section]
1.3g HOUSING ACT OF 1964
September 2,1964, P.L. 88-560, Title III, §§314r-317, 78 Stat. 792, 793
URBAN AND REGIONAL PLANNING GRANTS
SEC. 314. (a) Section 701 (a) of the Housing Act of 1954 is amended
by striking out "resulting from rapid urbanization" in clause (B) of
paragraph (1).
(b) Section 701 (a) of such Act is further amended by—
(1) striking out "and" at the end of paragraph (4);
(2) striking out the period at the end of paragraph (5) and in-
serting in lieu thereof a semicolon; and
(3) adding two new paragraphs after paragraph (5) as follows:
"(6) metropolitan and regional planning agencies, with the ap-
proval of the State planning agency or (in States where no such
planning agency exists) of the Governor of the State, for the pro-
vision of planning assistance within the metropolitan area or re-
gion to cities, other municipalities, counties, groups of adjacent
communities, or Indian reservations described in clauses (A), (B),
(C), and (D) of paragraph (1) of this subsection;
"(7) to official governmental planning agencies for any area
where there has occurred a substantial reduction in employment
opportunities as the result of (A) the closing (in whole or in part)
of a Federal installation, or (B) a decline in the volume of Govern-
ment orders for the procurement of articles of materials produced
or manufactured in such area; and".
(c) Section 701 (a) of such Act is further amended by striking out
"(a)" after "section 5" in paragraph (3).
(d) Section 701 (b) of such Act is amended by striking out the pro-
viso in the first sentence and inserting in lieu thereof ": Provided, That
such a grant may be in an amount not exceeding three-fourths
of such estimated cost to an official governmental planning agency for
an area described in subsection (a) (7), or for planning being carried
out for a city, other municipality, county, group of adjacent communi-
[p. 792]
-------
STATUTES AND LEGISLATIVE HISTOBY 305
ties, or Indian reservation in an area designated by the Secretary of
Commerce as a redevelopment area under section 5 of the Area Re-
development Act".
PLANNING GRANTS FOR INDIAN RESERVATIONS
SEC. 315. (a) Section 701(a) of the Housing Act of 1954 is amended
by-
(1) striking out "and" at the end of clause (B) of paragraph
(i);
(2) inserting ", and (D) Indian reservations" before the semi-
colon at the end of paragraph (1); and
(3) inserting a new paragraph after paragraph (7) (added by
section 314(b)) as follows:
"(8) tribal planning councils or other tribal bodies designated
by the Secretary of the Interior for planning for an Indian reser-
vation to which no State planning agency or other agency or in-
strumentality is empowered to provide planning assistance under
clause (D) of paragraph (1) above."
(b) Section 701(d) of such Act is amended by—
(1) striking out "and urban regions" in the first sentence and
inserting in lieu thereof "urban regions, and Indian reservations";
and
(2) inserting after "instrumentalities" in the second sentence
the following: ", and to Indian tribal bodies,".
ELIGIBILITY OF COUNTIES FOR PLANNING ASSISTANCE
SEC. 316. Section 701 (a) of the Housing Act of 1954 is amended by
striking out clause (A) of paragraph (1) and inserting in lieu thereof
the following: "(A) cities and other municipalities having a popula-
tion of less than 50,000 according to the latest decennial census, and
counties without regard to population: Provided, That grants shall be
made under this paragraph for planning assistance to counties having
a population of 50,000 or more, according to the latest decennial census,
which are within metropolitan areas, only if (i) the Administrator finds
that planning and plans for such county will be coordinated with the
program of comprehensive planning, if any, which is being carried out
for the metropolitan area of which the county is a part, and (ii) the
aggregate amount of the grants made subject to this proviso does not
exceed 15 per centum of the aggregate amount appropriated, after the
date of enactment of the Housing Act of 1964, for the purposes of this
section,".
-------
306 LEGAL COMPILATION—SOLID WASTE
PLANNING GRANT AUTHORIZATION
SEC. 317. Section 701 (b) of the Housing Act of 1954 is amended by
striking out "$75,000,000" in the last sentence and inserting in lieu
thereof "$105,000,000".
[p. 793]
1.3g (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 1265, 88th Cong., 2d Sess. (1964)
HOUSING ACT OF 1964
JULY 29, 1964.—Ordered to be printed
Mr. SPARKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
together with
INDIVIDUAL VIEWS
[To accompany S. 3049]
The Committee on Banking and Currency, to whom was referred
the bill (S. 3049) to extend and amend laws relating to housing, urban
renewal, and community facilities, and for other purposes, having con-
sidered the same, report favorably thereon without amendment and
recommend that the bill do pass.
[p. 1]
URBAN AND REGIONAL PLANNING GRANTS
Section 210 would make various amendments to the program of
urban planning grants carried on under the Housing Act of 1954 as
follows:
Subsection (a). Planning grants to groups of adjacent communities
This subsection would permit a grant to be made for planning as-
sistance to any group of adjacent communities of less than 50,000 total
population and having common or related urban planning problems,
whether or not "resulting from rapid urbanization," as now specified in
the statute. Experience has shown that there are groups of communities
-------
STATUTKS AND LEGISLATIVE HISTORY 307
with declining, stable, or only normally increasing population which
are in need of comprehensive planning assistance. There is no such
rapid urbanization requirement in the case of grants for planning as-
sistance to municipalities and counties of less than 50,000 population.
Subsection (b). Grants for local planning by metropolitan and regional
planning bodies
This subsection would permit metropolitan and regional planning
agencies to receive grants for the provision of-planning assistance to
certain small communities and Indian reservations when the State
planning agency or Governor assents. Generally, these areas may now
only receive planning assistance through a State planning agency, acting
directly or through a contract with a metropolitan or regional planning
agency. The availability of direct planning assistance from the metro-
politan or regional planning agency would permit closer coordination
between planning for such smaller areas and overall metropolitan or
regional planning.
Subsection (c). Planning grants in section 5(b) redeve^pment areas
This subsection would permit planning assistance, without regard to
the otherwise applicable 50,000 population limitation, to all municipali-
ties and counties in redevelopment areas designated under section 5 of
the Area Redevelopment Act, rather than just those in areas designated
under section 5(a). Since both section 5(a) and section 5(b) areas are
economically depressed areas and would benefit from comprehensive
planning, there appears to be no basis for not providing them equal
treatment.
[p. 22]
Subsection (d). Three-fourths grants for planning within redevelopment
areas
This subsection would permit three-fourths grants to be made for
planning being carried out for a municipality, county, group of ad-
jacent communities, or Indian reservation located in any redevelop-
ment area. At present the higher grant is authorized only for planning
being carried out for municipalities and counties in redevelopment
areas designated under section 5(a) of the Area Redevelopment Act.
ELIGIBILITY OF COUNTIES FOR PLANNING ASSISTANCE
Section 211 would make all counties, regardless of population, eligible
for comprehensive urban planning assistance under section 701 of the
Housing Act of 1954. At present only counties with a population of less
than 50,000 or those larger counties located in redevelopment or disaster
areas are eligible for such assistance. Many other counties, especially
suburban counties adjoining our major cities, have urgent unmet urban
-------
308 LEGAL COMPILATION—SOLID WASTE
planning needs. Under this section, such counties would be eligible for
grants covering up to two-thirds of the cost of preparing land-use and
public facilities plans, capital improvements programs, and other com-
prehensive planning activities. This assistance would be available through
the State planning agency or, in accordance with the provisions of sec-
tion 210 (b) of this act, through a metropolitan or regional planning
agency if the State planning agency assents.
No grants would be made under this new authority for counties with
a population of 50,000 or more which are located in metropolitan areas,
unless the Administrator finds that the plans and planning of the county
will be coordinated with any program of comprehensive planning being
carried out for the metropolitan area of which the county is a part.
It is the intention of the committee that this requirement be strictly
enforced, so that assisted county planning will be supplementary to
metropolitan area planning rather than in conflict with it.
In addition, the aggregate amount of grants available for such larger
metropolitan counties would be limited to 15 percent of the aggregate
amount appropriated, after the date of enactment of this act, for grants
under the section 701 program.
PLANNING PROBLEMS RESULTING FROM CHAMIZAL TREATY OF 1963
Section 212 would authorize the Administrator to make compre-
hensive urban planning grants, under section 701 of the Housing Act
of 1954, to El Paso, Tex., to assist it in solving urban planning prob-
lems resulting from the Chamizal Treaty of 1963. This treaty between
the United States and the Republic of Mexico and the resultant transfer
of land between the two countries at El Paso will necessitate the dis-
placement of many families and the relocation of many public facilities.
However, because its population is over 50,000, El Paso is not now
eligible for Federal planning grants under the section 701 program.
[p. 23]
The proposed grants to El Paso would be at the regular two-thirds
level and would be subject to the same conditions and requirements
applicable to other section 701 grants.
PLANNING GRANTS FOR INDIAN RESERVATIONS
Section 213 would make Indian reservations eligible for planning
grants.
Subsection (a) of this section would authorize section 701 grants to
be made to State planning agencies for the provision of planning as-
sistance to Indian reservations. Where no State agency is so empowered,
it would authorize such grants to a qualified tribal council or other
-------
STATUTES AND LEGISLATIVE HISTORY 309
tribal body designated by the Secretary of the Interior. The amend-
ment was developed jointly with the Bureau of Indian Affairs.
Subsection (b) of this section would make conforming changes in
section 701(d) by adding "Indian reservations" to the list of areas where
comprehensive planning is to be encouraged through section 701 grants;
and by adding "Indian tribal bodies" to the list of local public bodies
to which the Administrator may provide technical assistance in connec-
tion with comprehensive planning.
The amendment proposed above in section 310(d) of this bill would
authorize three-quarter grants for planning for Indian reservations,
where the reservation is located within a redevelopment area. As of
April 1, 1963, there were 52 such reservations.
Although Indian tribes on reservations are in fact units of local govern-
ment, they do not qualify for assistance under the various types of local
political subdivisions which may now receive assistance under section
701, either directly or through State planning bodies. Moreover, it is
doubtful whether some State planning agencies are authorized to assist
Indian tribes, because of their special Federal status.
PLANNING GKANT AUTHORIZATION
Section 214 of the bill would increase the amount which can be ap-
propriated for grants under the urban planning program (sec. 701 of
the Housing Act of 1954) by $30 million, from $75 million to $105
million. The additional funds provided for this program are in keeping
with other sections of the bill to provide funds to continue existing
housing programs for approximately 15 months; that is, until October 1,
1965.
The committee believes that the planning grant program has been
most helpful in assisting States and local governments in solving plan-
ning problems resulting from the increasing concentration of population
in metropolitan and other urban areas, including small communities; in
facilitating comprehensive planning for urban development, including
coordinated transportation systems, on a continuing basis by such
governments, and in encouraging such governments to establish and
improve planning staffs.
The committee feels that the appropriation authority provided by
this section of the bill will permit the urban planning program to con-
tinue at the same rate under which it has progressed during the last
several months.
[p- 24]
Area and regional planning grants
Sec. 210.—Amends section 701 (a) of the Housing Act of 1954 to
have the following changes in the program of urban planning:
(1) Would permit a grant for planning assistance to any group
-------
310 LEGAL COMPILATION—SOLID WASTE
of adjacent communities of less than 50,000 population and having
common or related urban planning problems, whether or not "re-
sulting from rapid urbanization" as now specified in the statute.
(2) Would authorize grants (where the State planning agency
or Governor assents) to regional or metropolitan planning bodies
for direct planning assistance to smaller municipalities and other
areas of under 50,000 population. Planning assistance
[p. 65]
may now generally be provided such areas only by a State planning
agency.
(3) Would authorize planning assistance, without regard to the
otherwise applicable 50,000 population limitation, to municipalities
and counties in any redevelopment areas designated under section
5 of the Area Redevelopment Act. Such designation must now be
under section 5 (a) of that act.
(4) Would permit three-fourth grants for certain planning of
any redevelopment areas designated under section 5 of the Area
Redevelopment Act (rather than just under sec. 5(a)), and would
make planning for Indian reservations and groups of adjacent
communities eligible for such grants.
Eligibility of counties for planning assistance
Sec. 211.—Amends section 701 (a) of the Housing Act of 1954 to
authorize Federal grants for planning assistance to counties with regard
to population (rather than only to counties with population of less
than 50,000 as presently provided). Planning assistance in counties of
50,000 or more population which are within metropolitan areas would
be provided only if the Housing Administrator finds that the planning
for the county will be coordinated with the program of comprehensive
planning, if any, which is being carried out for the metropolitan area.
In addition, the aggregate amount of grants available for counties of
50,000 or more population which are within metropolitan areas would
be limited to 15 percent of the aggregate amount appropriated, after
the date of enactment of the Housing Act of 1964, for grants under the
section 701 program.
Planning problems resulting from Chamizal Treaty of 1968
Sec. 212.—Authorizes the Housing and Home Finance Administrator
to make comprehensive urban planning grants, under section 701 of the
Housing Act of 1954, to El Paso, Tex., to assist it in solving urban plan-
ning problems resulting from the Chamizal Treaty of 1954. Any such
grants made to El Paso would be at the regular matching level and
subject to the same conditions and requirements applicable to other
section 701 grants.
-------
STATUTES AND LEGISLATIVE HISTORY 311
Planning grants for Indian reservations
Sec. 213.—Amends section 701 (a) of the Housing Act of 1954 to
authorize grants to a State planning agency, or to a qualified tribal body
designated by the Secretary of the Interior, for planning assistance to
an Indian reservation.
Planning grant authorization
Sec. 214.—Amends section 701 (b) of the Housing Act of 1954 to
increase by $30 million the authorization of appropriations for urban
planning grants.
[p. 66]
1.3g (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 1703, 88th Cong., 2d Sess. (1964)
HOUSING ACT OF 1964
AUGUST 5, 1964.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany H. R. 12175]
The Committee on Banking and Currency, to whom was referred
the bill (H.R. 12175) to extend and amend laws relating to housing,
urban renewal, and community facilities, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
WHAT THE BILL WOULD DO
Generally, the bill would provide additional authorizations and funds
to continue existing federally assisted housing programs for another
year. In addition, the bill contains a number of amendments designed
to improve FHA sales and rental housing programs and to improve
the operation of the urban renewal program. The bill's major features
are as follows:
Title III would (a) authorize an additional $600 million for grants
under the urban renewal program, (6) tighten the urban renewal pro-
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312 LEGAL COMPILATION—SOLID WASTE
gram requirements to encourage more rehabilitation, and code enforce-
ment, (c) provide a new program of rehabilitation loans to aid home-
owners and businesses in urban renewal areas to improve their properties,
and (d) tighten relocation requirements and provide additional reloca-
tion benefits to displaced businesses, nonprofit organizations, individuals,
and families.
[p. 1]
Urban planning grant authorization
The bill would increase the amount which can be appropriated for
grants under the urban planning program (sec. 701 of the Housing
Act of 1954) by $30 million, from $75 million to $105 million. The com-
mittee believes that the planning grant program has been most helpful
in assisting States and local governments in solving planning problems
resulting from the increasing concentration of population in metro-
politan and other urban areas, including small communities, in facilitat-
ing comprehensive planning for urban development, including coordinated
transportation systems, on a continuing basis by such governments, and
in encouraging such governments to establish and improve planning
staffs.
Planning for counties of 50,000 or more
The bill would make all counties, regardless of population, eligible
for comprehensive urban planning assistance under section 701 of the
Housing Act of 1954. At present only counties with a population of less
than 50,000 or those larger counties located in redevelopment or disaster
areas are eligible for such assistance. Many other counties, especially
suburban counties adjoining our major cities, have urgent unmet urban
planning needs. Under the provisions of the bill, such counties would be
eligible for grants covering up to two-thirds of the cost of preparing
land-use and public facilities plans, capital improvements programs, and
other comprehensive planning activities. This assistance would be avail-
able through the State planning agency or through a metropolitan or
regional planning agency if the State planning agency assents.
No grants would be made under this new authority for counties with
a population of 50,000 or more which are located in metropolitan areas,
unless the Administrator finds that the plans and planning of the county
will be coordinated with any program of comprehensive planning being
carried out for the metropolitan area of which the county is a part.
In addition, the aggregate amount of grants available for such larger
metropolitan counties would be limited to 15 percent of the aggregate
amount appropriated after the date of enactment of this act, for grants
under the section 701 program.
[p. 18]
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STATUTES AND LEGISLATIVE HISTORY 313
Section 311. Urban and regional planning grants
Subsection (a) amends section 701 (a) of the Housing Act of 1954
(the urban planning program) to permit a grant to be made to a State
planning agency for planning assistance to any group of adjacent com-
munities of less than 50,000 total population having common or related
urban planning problems; under present law such a grant is authorized
only where the problems result "from rapid urbanization."
Subsection (b) further amends section 701 (a) of the 1954 act to permit
metropolitan and regional planning agencies to receive direct grants for
the provision of planning assistance to certain small communities (and
Indian reservations) when the State planning agency or Governor assents;
under present law such assistance must generally be provided through
the State planning agency, either directly or by means of a contract with
a metropolitan or regional planning agency.
Section 312. Planning grant authorization
This section amends section 701 (b) of the Housing Act of 1954 to
increase by $30 million (from $75 to $105 million) the authorization of
appropriations for urban planning grants under section 701.
Section 313. Planning grants for Indian reservations
Subsection (a) amends section 701 (a) of the Housing Act of 1954 to
authorize urban planning grants to State planning agencies for the
provision of planning assistance to Indian reservations, and authorizes
such grants directly to an Indian tribal council or other tribal body
designated by the Secretary of the Interior in cases where no State
agency is empowered to provide such assistance.
Subsection (b) amends section 701 (d) of the 1954 act to add Indian
reservations to the list of areas where comprehensive planning is to be
encouraged through urban planning grants, and to add Indian tribal
bodies to the list of public bodies to which the Administrator may pro-
vide technical assistance in connection with comprehensive planning.
(The amendments made by sec. 311 (b) of the bill (discussed above)
authorize assistance to Indian reservations through metropolitan and
regional planning agencies.)
[p. 42]
Section 314. Eligibility of counties for planning assistance
This section amends section 701 (a) of the Housing Act of 1954 to
authorize urban planning grants to counties of 50,000 or more, subject
to the requirement that if such a county is within a metropolitan area
the Administrator must find that the planning involved will be co-
ordinated with the comprehensive planning program of the area. Not
more than 15 percent of the funds appropriated for the urban plan-
ning program could be used for such grants to counties of 50,000 or
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314 LEGAL COMPILATION—SOLID WASTE
more in metropolitan areas. Under existing law a county of 50,000 or
more would have to be situated in a redevelopment area or have suffered
a major disaster in order to qualify for such a grant either directly or
through the State planning agency.
Section 315. Planning problems resulting from treaties or other inter-
national agreements
This section amends section 701 (a) (4) of the Housing Act of 1954
to authorize direct urban planning grants to official governmental agen-
cies for areas where planning problems have resulted or are expected
to result from the implementation of a Federal treaty or other inter-
national agreement or understanding (such as the Chamizal Treaty
between the United States and Mexico).
[p. 43]
UBBAN PLANNING
SEC. 701 (a) In order to assist State and local governments in solv-
ing planning problems resulting from the increasing concentration of
population in metropolitan and other urban areas, including smaller
communities; to facilitate comprehensive planning for urban'develop-
ment, including coordinated transportation systems, on a continuing
basis by such governments; and to encourage such governments to
establish and improve planning staffs, the Administrator is authorized
to make planning grants to—
(1) State planning agencies, or (in States where no such plan-
ning agency exists) to agencies or instrumentalities of State gov-
ernment designated by the Governor of the State and acceptable
to the Administrator as capable of carrying out the planning func-
tions contemplated .by this section, for the provision of planning
assistance to [(A) cities, other municipalities, and counties hav-
ing a population of less than 50,000 according to the latest
decennial census,] (A) cities and other municipalities having a
population of less than 50,000 according to the latest decennial census,
and counties without regard to population: Provided, That grants
shall be made under this paragraph for planning assistance to counties
having a population of 50,000 or more, according to the latest decennial
census, which are within metropolitan areas, only if (i) the Adminis-
trator finds that planning and plans for such county will be coordinated
with the program of comprehensive planning, if any, which is being
carried out for the metropolitan area of which the county is a part, and
(ii) the aggregate amount of the grants made subject to this proviso
does not exceed 15 per centum of the aggregate amount appropriated,
after the date of enactment of the Housing Act of 1964, for the purposes
of this section, (B) any group of adjacent communities, either in-
corporated or unincorporated, having a total population of less than
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STATUTES AND LEGISLATIVE HISTORY 315
50,000 according to the latest decennial census and having common
or related urban planning problems [resulting from rapid urbaniza-
tion], [and] (C) cities, other municipalities, and counties, referred
to in paragraph (3) of this subsection and areas referred to in para-
graph (4) of this subsection, and (D) Indian reservations;
(2) official State, metropolitan, and regional planning agencies,
or other agencies and instrumentalities designated by the Gov-
[p. 109]
ernor (or Governors in the case of interstate planning) and ac-
ceptable to the Administrator, empowered under State or local
laws or interstate compact to perform metropolitan or regional
planning;
(3) cities, other municipalities, and counties which (A) are sit-
uated in areas designated by the Secretary of Commerce under sec-
tion 5 (a) of the Area Redevelopment Act as redevelopment areas
or (B) have suffered substantial damage as a result of a catas-
trophe which the President, pursuant to section 2 (a) of "An Act to
authorize Federal assistance to States and local governments in
major disasters, and for other purposes" has determined to be a
major disaster;
[(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
installation; and]
(4) official governmental planning agencies for areas where (A)
urban planning problems have resulted or are expected to result from
the implementation of a Federal treaty or other international agreement
or understanding, or (B) rapid urbanization has resulted or is expected
to result from the establishment or rapid and substantial expansion of
a Federal installation;
(5) State planning agencies for State and interstate compre-
hensive planning (as defined in subsection (d)) and for research
and coordination activity related thereto [.];
((>) metropolitan and regional planning agencies, with the approval
of the State planning agency or (in States where no such planning
agency exists) of the Governor of the State, for the provision of plan-
ning assistance within the metropolitan area or region to cities, other
municipalities, counties, groups of adjacent communities, or Indian
reservations described in clauses (A), (B}, (C), and (D) of para-
graph (1); and
(7) tribal planning councils or other tribal bodies designated by the
Secretary of the Interior for planning for an Indian reservation to
which no State planning agency or other agency or instrumentality
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316 LEGAL COMPILATION—SOLID WASTE
is empowered to provide planning assistance under clause (D) of
paragraph (1).
Planning assisted under this section shall, to the maximum extent feas-
ible, cover entire urban areas having common or related urban de-
velopment problems. The Administrator shall encourage cooperation
in preparing and carrying out plans among all interested municipal-
ities, political subdivisions, public agencies, and other parties in order
to achieve coordinated development of entire areas. To the maximum
extent feasible, pertinent plans and studies already made for areas
shall be utilized so as to avoid unnecessary repetition of effort and ex-
pense. Planning which may be assisted under this section includes the
preparation of comprehensive urban transportation surveys, studies,
and plans to aid in solving problems of traffic congestion, facilitating
the circulation of people and goods in metropolitan and other urban
areas and reducing transportation needs. Funds available under this
section shall be in addition to and may be used jointly with funds
available for planning surveys and investigations under other Fed-
erally-aided programs, and nothing contained in this section shall be
[p. 110]
construed as affecting the authority of the Secretary of Commerce
under section 307 of title 23, United States Code.
(b) A grant made under this section shall not exceed two-thirds of
the estimated cost of the work for which the grant is made: Provided,
That a grant may be made under this section to a city, municipality,
or county described in clause (A) of subsection (a) (3), or to a State
planning agency (as provided in clause (C) of subsection (a)(l)) for
the provision of planning assistance to such a city, municipality, or
county, for not more than 75 per centum of such estimated cost. All
grants made under this section shall be subject to terms and conditions
prescribed by the Administrator. No portion of any grant made under
this section shall be used for the preparation of plans for specific public
works. The Administrator is authorized, notwithstanding the provisions
of section 3648 of the Revised Statutes, as amended, to make advances
or progress payments on account of any planning grant made under
this section. There is hereby authorized to be appropriated not exceeding
[$75,000,000} $105,000,000 to carry out the purposes of this section,
and any amounts so appropriated shall remain available until expended.
(c) The administrator is authorized, in areas embracing several mu-
nicipalities or other political subdivisions, to encourage planning on a
unified metropolitan basis and to provide technical assistance 'for such
planning and the solution of problems relating thereto.
(d) It is the further intent of this section to encourage comprehensive
planning, including transportation planning, for States, cities, counties,
-------
STATUTES AND LEGISLATIVE HISTORY 317
metropolitan areas, [and urban regions] urban regions, and Indian reserva-
tions and the establishment and development of the organizational units
needed therefor. The Administrator is authorized to provide technical
assistance to State and local governments and their agencies and instru-
mentalities, and Indian tribal bodies, undertaking such planning and,
by contract or otherwise, to make studies and publish information on
related problems. In extending financial assistance under this section,
the Administrator may require such assurances as he deems adequate
that the appropriate State and local agencies are making reasonable
progress in the development of the elements of comprehensive planning.
Comprehensive planning, as used in this section, includes the following,
to the extent directly related to urban needs: (1) preparation, as a guide
for long-range development, frf general physical plans with respect to
the pattern and intensity of land use and the provision of public facilities,
including transportation facilities, together with long-range fiscal plans
for such development; (2) programming of capital improvements based
on a determination of relative urgency, together with definitive financing
plans for the improvements to be constructed in the earlier years of the
program; (3) coordination of all related plans of the departments or
subdivisions of the government concerned; (4) inter-governmental
coordination of all related planned activities among the State and local
governmental agencies concerned; and (5) preparation of regulatory and
administrative measures in support of the foregoing.
##***##
[P- HI]
1.3g (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 1828, 88th Cong., 2d Sess. (1964)
HOUSING ACT OF 1964
AUGUST 18, 1964.—Ordered to be printed
Mr. PATMAN, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany S. 3049]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 3049) to extend
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318 LEGAL COMPILATION—SOLID WASTE
and amend laws relating to housing, urban renewal, and community
facilities, and for other purposes, having met, after full and free con-
ference, have agreed to recommend and do recommend to their re-
spective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following: That this Act may be cited as the "Housing
Act of 1964".
[p- 1]
URBAN AND REGIONAL PLANNING GRANTS
SEC. 314- (a) Section 701(a) of the Housing Act of 1954 is amended
by striking out "resulting from rapid urbanization" in clause (B) of
paragraph (1).
(b) Section 701 (a) of such Act is further amended by—
(1) striking out "and" at the end of paragraph (4);
(2) striking out the -period at the end of paragraph (5) and insert-
ing in lieu thereof a semicolon; and
(3) adding two new paragraphs after paragraph (5) as follows:
"(6) metropolitan and regional planning agencies, with the ap-
proval of the State planning agency or (in States where no such plan-
ning agency exists) of the Governor of the State, for the provision of
planning assistance within the metropolitan area or region to cities,
other municipalities, counties, groups of adjacent communities, or
Indian reservations described in clauses (A), (B), (C), and (D) of
paragraph (1) of this subsection;
"(7) to official governmental planning agencies for any area where
there has occurred a substantial reduction in employment oppor-
tunities as the result of (A) the closing (in whole or in part)
of a Federal installation, or (B) a decline in the volume of Govern-
[p. 25]
ment orders for the procurement of articles or materials produced or
manufactured in such area; and".
(c) Section 701(a) of such Act is further amended by striking out "(a)"
after "section 5" in paragraph (3).
(d) Section 701 (b) of such Act is amended by striking out the proviso in
the first sentence and inserting in lieu thereof ": Provided, That such a
grant may be in an amount not exceeding three-fourths of such estimated
cost to an official governmental planning agency for an area described in
subsection (a) (7), or for planning being carried out for a city, other mu-
nicipality, county, group of adjacent communities, or Indian reservation in
-------
STATUTES AND LEGISLATIVE HISTORY
319
an area designated by the Secretary of Commerce as a redevelopment area
under section 5 of the Area Redevelopment Act".
[p. 26]
STATEMENT OF THE MANAGERS ON THE PART OF THE
HOUSE
The managers on the part of the House at the conference on the dis-
agreeing votes of the two Houses on the amendment of the House to
the bill (S. 3049) to extend and amend laws relating to housing, urban
renewal, and community facilities, and for other purposes, submit the
following statement in explanation of the effect of the action agreed
upon by the conferees and recommended in the accompanying con-
ference report:
The House struck out all of the Senate bill after the enacting clause
and inserted a substitute amendment. The committee of conference has
agreed to a substitute for both the Senate bill and the House amend-
ment. Except for technical, clarifying, and conforming changes, the
following statement explains the differences between the House amend-
ment and the substitute agreed to in conference.
[p. 43]
Urban planning grants in redevelopment areas
The Senate bill contained a provision not in the House amendment
making a limited number of counties in areas which are designated
[p. 46]
under section 5(b) of the Area Redevelopment Act eligible for section
701 urban planning grants without regard to population and providing
three-fourths (rather than two-thirds) grants to these areas. The con-
ference substitute includes the Senate provision.
1.3g (4) CONGRESSIONAL RECORD, VOL. 110 (1964)
1.3g (4) (a) July 31: Debated, amended and passed Senate,
pp. 17584, 17586, 17598-17600
Mr. SPARKMAN. I yield myself 2
additional minutes.
PLANNING GRANT AUTHORIZATION
The committee bill would increase the
amount which can be appropriated for
grants under the urban planning pro-
gram, that is section 701 of the Housing
Act of 1954, by $30 million. Present
appropriation authority under this bill is
nearly exhausted—1 believe the remaining
balance of the appropriation authority is
about $2.5 million—and here again, this
additional authority will continue the
program at its present level for the next 15
months.
[p. 17584]
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320
LEGAL COMPILATION—SOLID WASTE
EXPANSION OP TJRBAN PLANNING ASSIST-
ANCE PROGRAM—SECTION 701
The bill would expand the urban
planning assistance program to make
eligible large counties—50,000 or more
population—and other types of planning
bodies which are not now eligible for this
type of assistance.
Under this program, the Federal
government makes grants, principally
through State planning agencies, to help
small cities and small counties carry out
extensive planning programs. It is one
of our most popular programs and has
done an outstanding service in helping
the small cities in their urban planning.
The Federal Government pays two-thirds
of the cost and the local government
pays the other one-third.
[p. 17586]
Mr. KEATING. Mr. President, I call
up my amendment.
The PRESIDING OFFICER. The
clerk will state the amendment.
The LEGISLATIVE CLERK. On page 19,
line 7, it is proposed to strike out "a new
paragraph" and insert in lieu thereof
"two new paragraphs".
On page 19, line 17, strike out all that
follows the semicolon.
On page 19 between lines 17 and 18
insert the following:
(7) to official governmental planning agencies
for any area where there has occurred a substantial
reduction in employment opportunities as the
result of (A) the closing (in whole or in part) of a
Federal installation, or (b) a decline in the volume
of Government orders for the procurement of
articles or materials produced or manufactured in
such area; and
On page 20, line 1, after "cost" insert
"to an official governmental planning
agency for an area described in subsection
(a) (7), or".
[p. 17598]
On page 21, line 20, strike out "(6)"
and insert "(7)".
On page 21, line 22, strike out "(7)"
and insert "(8)".
Mr. KEATING. Mr. President, it is
a very simple amendment. It proposes
to authorize, not to require, but merely to
authorize Federal planning grants for
areas where a substantial reduction has
occurred in employment opportunities as
a result of the closing of a Federal activity,
or a decline in the volume of Government
orders.
Section 701 of the act already includes
subparagraph (4).
There is already provision for planning
by official Government planning agencies
in areas where rapid urbanization has
resulted or is expected to result from the
establishment of or substantial expansion
of a Federal project. In other words, there
is now in the act provision for grants
where a Federal installation is moving
into an area. My proposal is a counterpart
of that. Oftentimes the problem of
planning is even more urgent, and the
possibility of assuring adequate funds
may be even more difficult in an area in
which a Federal installation is moving out.
In such communities—and, let me say
very frankly that New York State has a
number of such hard-hit communities—
there is pressing need for action to avoid
the urban and suburban blight that can
strike an area when the jobs move out,
but the community debt remains high,
the community facilities have to be main-
tained, and the community has to catch
its breath and figure out how to meet the
challenge.
The first step that any such community
must make, in my judgment, is to under-
take a coordinated planning study of the
resources available to it, the trends of
population concentration, the transporta-
ion system, and the direction and fi-
nancing of community development. This
is precisely what is provided for under
section 701 anyway, but my amendment
would specifically authorize such assist-
ance, up to 75 percent in areas of special
need, in cases where the community
dislocation is caused directly by the
action of the Federal Government.
For instance, the first problem the
community must often face is what use
should be made of any property vacated
by the Federal Government. Where a large
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STATUTES AND LEGISLATIVE HISTORY
321
amount of land is involved, this can often
be an important question, crucial to
community planning efforts for decades
to come.
Another immediate problem may con-
cern the decline in Federal payments to
school districts under the impacted areas
program. The schools are still standing
the maintenance must still be paid for
the teachers must be compensated; anc
the school bondholders must still be paic
off, even though the community tax rolls
are depleted and the Federal payments
reduced or cut off.
These are very serious problems ol
urban and community adjustment. The
answer is not simply to let an area decay,
but to encourage area leaders to sit down
and draw up their plans to avoid com-
munity decay and to recognize the com-
munity responsibility on the highest level.
Surely it is also right and equitable to
recognize specifically the Federal responsi-
bility to help meet a challenge created
by Federal policies.
Mr. President, a number of different
solutions have been offered to the problems
created by Federal cutbacks, in jobs,
installations, or contracts, and I do not
suggest that this proposal is the whole
answer by any means. But I believe very
strongly that communities facing a sharp
cutback in Federally supported jobs need,
first, a morale booster. They need the
assurance that the Federal Government
has not moved out entirely, with no further
concern for their welfare or community
development. By putting specifically into
the urban planning grant provisions of the
Housing Act an authorization for Federal
aid to these communities, we would be
doing a lot for the initial morale of such
communities and we would be taking a
big step toward locating and promoting
the long range objectives of such com-
munities in urban planning and develop-
ment.
I have been studying this problem for
some time and in general I am convinced
that regional action, through regional
planning commissions and the like, is
one of the most important ways for
municipalities, counties, and States to
meet the changing impacts of defense
and other Federal spending. Several
months ago in April I spoke at the Tri-
County Labor Management Institute on
Long Island and discussed the problem at
some length. I suggested then that a Long
Island Regional Commission be formed
to study the existing economic resources
of the island and make provision for
community development to meet the
problems of a steady decline in defense
oriented jobs, which haveMiitherto played
a very large role in the economy of the
island. Now I am very glad to note that a
meeting has been called for next week to
set in motion a group very much along the
lines I originally proposed, a regional
planning body as described in section 701
of the Housing Act of 1954. These groups,
in my view can play a most important
role, in the kind of planning envisioned by
the framers of this legislation, and it would
in my view be most appropriate to recog-
nize specifically the intent of the Congress
to assist this kind of grassroots planning
effort and to provide up to 75 percent
Federal assistance to encourage this kind
of planning.
I know that the Senator from Alabama
has taken particular interest in this
problem and has held a number of hearings
on the problems of small business conver-
sion to nondefense work. My amendment
is directed toward another facet of what is
sasically the same problem. My amend-
ment is particularly directed toward the
dnd of urban and community problems
;hat must be faced and overcome when a
Federal installation moves out or when
'ederally supported jobs are eliminated.
The Federal Government has come to
accept wider and wider responsibilities in
.he field of urban development, as the
Senator well knows, for he has been a
rioneer in this field. Yet in my judgment
t is still something of an anomaly that the
"ederal Government is prepared to move
o vigorously to solve all kinds of urban
and community problems which the
rederal Government has not in any way
jeen responsible for creating, yet the
'ederal Government has been very slow
indeed to recognize ite responsibility to
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322
LEGAL COMPILATION—SOLID WASTE
take action or even to promote loea
action in cases where the communit;
problem is the direct fault of Federa
jobs or federally sponsored jobs being
removed. This is one area surely where the
Federal Government should not evade its
own obligations to help a community
which it has injured, for reasons which
usually have nothing at all to do with the
community that has been hurt.
This amendment would supply welcome
recognition of Federal intent to help
communities where the Federal Govern-
ment is moving out. We are all familiar
with the parable of the talents in the
Bible. "To him who hath shall be given.'
At present that is what this bill provides,
for the community which is getting a new
Federal facility qualifies immediately for
aid under section 701. The community
which is losing what may be its main
source of income does not specifically
qualify. I believe it would be most
appropriate and wise to add specific
authorization for grants to communities
affected by Federal installation or contract
cutbacks.
Mr. CLARK. Mr. President, will the
Senator yield?
Mr. KEATING. I yield to the dis-
tinguished Senator from Pennsylvania.
Mr. CLARK. Can the Senator give us
an example of a city in which an installa-
tion is moving out? I must say that I am
sympathetic generally with the Senator's
objective, but it is hard for me to visualize
an example in which some planning would
be required because the city was shrinking
instead of growing.
Mr. KEATING. It is more likely to be
a smaller community, perhaps, but not
necessarily. If the Senator will look at the
wording of the amendment, he will ob-
serve that it would allow planning. I
emphasize that no more money would be
involved. The amendment is designed
to make such an official Government
planning agency eligible where there has
occurred a substantial reduction in em-
ployment opportunities as a result of the
closing of a Federal installation or a
decline hi the volume of Government
orders for the procurement of articles.
Mr. CLARK. Mr. President, will the
Senator yield further?
Mr. KEATING. I yield.
Mr. CLARK. The Senator will recall
that hi a study made by the Subcom-
mittee on Employment and Manpower,
which was published earlier this year, we
expressed considerable concern as to what
would happen in communities in which
defense contractors had contracts ter-
minated because the product they were
making was obsolete or no longer needed.
I take it that the Senator's amendment
would not include a situation of that sort,
because that would not be a Federal in-
stallation. However, would it not come
under (b), a decline in the volume of
Government orders?
Mr. KEATING. It would come under
(b).
[17599]
Mr. CLARK. Would something like the
situation I am about to state be the kind
of situation which the Senator has indi-
cated: Suppose that we had no need for
additional manned aircraft, which was
the subject of some controversy the day
before yesterday. Therefore, contracts
tor a superbomber or a follow-on bomber
are canceled, and the installation moves
out of the area. Then the provision of the
Senator's amendment would authorize a
planning grant to help that community
rethink its future. Is that what the
Senator has in mind?
Mr. KEATING: That is exactly the
Jurpose of the amendment. To be specific
with the Senator, and to state an exag-
gerated case, if it were decided to close the
Philadelphia Navy Yard or the Brooklyn
y Yard or greatly to reduce employ-
ment in those areas, if those communities
lad regional planning agencies to plan
what to do, the amendment would
>ermit—not require but permit—the
jrant for urban planning in that area.
Mr. President, since the amendment
would not involve any additional funds,
and since the Federal Government has
ndicated in a general way that it is recep-
ive to the idea of helping communities
in which defense installations, for example,
-------
STATUTES AND LEGISLATIVE HISTORY
323
are either moving out or being reduced,
am hopeful that the committee will see it
way clear to accept the amendment.
emphasize that the Department of Defens
has set up a small unit, which is designed tc
assist communities in which defense
activities in a particular area are reduced
My colleague [Mr. JAVITS] and I hav
recently observed the problem in the citj
of Rome, N.Y. A move was made tc
move out of that modest-sized com
munity the Rome Air Materiel activities
I have been advocating the formation o
regional planning agencies—official gov
ernmental planning agencies—in varioui
areas such as Rome, N.Y., so as to enabli
them to do their own planning.
All that the amendment would do
would be to say, in effect, to such com-
munities, "You have zoning problems; you
have transportation problems; you have
tax rate problems in order to bring in other
activities; and therefore we will give you
the authority"—and I emphasize the
word "authority"—not the obligation, but
the authority—"under the urban planning
section of the bill to help you do your
planning, just as we have the authority
now to help a community do its urban
planning when an activity is being
moved in."
It strikes me that the need may be even
more acute where unemployment and
distressed conditions are being created by
an installation being moved out than
where the Federal Government is moving
in.
Mr. JAVITS. Mr. President, will the
Senator yield?
Mr. KEATING. I am happy to yield to
my colleague.
Mr. JAVITS. I, too, as a member of the
committee would like to join my colleague
in asking the chairman of the committee
to take the action requested. It would be
permissive. It is the reverse of a situation
we have already taken care of in existing
law. Only planning would be involved. It
would not be a greater subsidization of
any urban renewal project or other
project. My colleague has had enormous
and sad experience, as I have, with just
such communities. I join with my col-
league from New York, and hope that the
chairman will accept the amendment.
Mr. KEATING. I am grateful to my
colleague.
Mr. DOMINICK. Mr. President, will
the Senator yield?
Mr. KEATING. I yield.
Mr. DOMINICK. I appreciate the
courtesy of the Senator from New York. I
wish to support his amendment 100
percent. It seems to me that a part of the
problem with which we are dealing all
the way through in relation to defense
contractors and defense installations is the
idea that we have provided money for a
national need. In many cases we have
created whole new housing developments.
New industries have come in, and the
communities are dependent upon those.
If for one reason or another those in-
dustries are cut off, we shall have created
another type of national need by virtue of
national action, and it seems to me
perfectly proper that the proposed type of
planning is what we should do. It seems
to me perfectly proper that the type of
planning proposed should fit into the bill
n order to take care of a national need
which was originally created, and then
re-created by the reverse of the original
installation.
Mr. KEATING. I am very grateful to
my colleague for his remarks.
Mr. SPARKMAN. Mr. President, will
,he Senator yield?
Mr. KEATING. I yield.
Mr. SPARKMAN. The Senator is
lealing with something for which I have a
great deal of sympathy. The Senator
may know that the Senate Small Business
Committee is now in the course of holding
learings and making some studies relating
o the impact on small business of the
onversion program that we know must
.ake place some time in the future. It
eems to me that the Senator is looking
orward to the increased unemployment
lat must take place in connection with
nose conversions. As I see it, a com-
nunity that has a conversion problem
irtainly needs planning and will need
elp in making a plan. I am not sure,
owever, whether this 701 program is
-------
324
LEGAL COMPILATION—SOLID WASTE
set up to do the kind of planning that
needs to be done in the situation to which
the Senator refers. We have not had an
opportunity to study the question in the
committee. Nevertheless, I am willing to
take the amendment to conference. I have
consulted briefly with the Senator from
Texas and I believe he is in accord with
that procedure.
Mr. KEATING. I appreciate that very
much.
Mr. SPARKMAN. When I say that I
am willing to take it to conference, I
mean I am willing to take it just as if it
had been voted by a yea-and-nay vote into
the bill by the Senate.
Mr. KEATING. I am sure that the
Senator is sincere in that statement. I
appreciate it very much. The Senator is
quite correct. I do not like to bring up
these questions when they were not con-
sidered in the committee. The proposal
was drawn as a counterpart to the existing
section in section 701 by the legislative
counsel. I believe it is in good form, but
perhaps it could be improved upon. I am
glad to hear the Senator say that he is in
accord with the general principle that is
involved. Also I know of the fine work of
the Senator from Alabama in the Small
Business Committee and the concern of the
committee in this problem.
I am very grateful to the Senator for
accepting the amendment, and I ask for a
vote on it.
Mr. SPARKMAN. Mr. President, I am
prepared to yield back my time.
Mr. KEATING. I yield back my time.
The PRESIDING OFFICER. All time
has been yielded back.
The question is on agreeing to the
amendment of the Senator from New
York [Mr. KEATING].
The amendment was agreed to.
[p. 17600]
1.3g (4)(b) Aug. 13: Amended and passed House, p. 19341
" Urban and regional planning grants
"SEC. 311. (a) Section 701(a) of the Housing
Act of 19S4 is amended by striking out 'resulting
Irom rapid urbanization1 in clause (B) of para-
graph (1).
"(b) Section 701(a) of such Act is amended—
"(1) by striking out the period at the end of
paragraph (5) and inserting in lieu thereof a
semicolon; and
"(2) by adding after paragraph (5) the following
new paragraph:
" '(6) metropolitan and regional planning agen-
cies, with the approval of the State planning
agency or (in States where no such planning
agency exists) of the Governor of the State, for
the provision of planning assistance within the
metropolitan area or region to cities, other mu-
nicipalities, counties, groups of adjacent communi-
ties, or Indian reservations described in clauses
(A), (B), (C), and (D) of paragraph (1); and'
"Planning grant authorization
"SEC. 312. Section 701(b) of the Housing Act of
1954 is amended by striking out '$75,000,000' in
the last sentence and inserting in lieu thereof
'$105,000,000.'
"Planning grants for Indian reservations
"SEC. 313. (a) Section 701(a) of the Housing Act
of 1954 is amended—
"(1) by striking out 'and' at the end of clause
(B) of paragraph (1);
"(2) by inserting ', and (D) Indian reservations'
before the semicolon at the end of paragraph (1);
and
"(3) by adding after paragraph (6) (as added by
section 311(b) of this Act) the following new para-
graph:
" '(7) tribal planning councils or other tribal
bodies designated by the Secretary of the Interior
for planning for an Indian reservation to which no
State planning agency or other agency or instru-
mentality is empowered to provide planning
assistance under clause (D) of paragraph (1).'
"(b) Section 701(d) of such Act is amended—
"(1) by striking out 'and urban regions' in the
first sentence and inserting in lieu thereof 'urban
regions, and Indian reservations'; and
"(2) by inserting the following after 'instru-
mentalities' in the second sentence: ', and Indian
tribal bodies,'.
"Eligibility of counties for planning assistance
"SEC. 314. Section 701(a) of the Housing Act of
1954 is amended by striking out clause (A) of para-
graph (1) and inserting in lieu thereof the follow-
ing: '(A) cities and other municipalities having a
population of less than 50,000 according to the
latest decennial census, and counties without regard
to population: Provided, That grants shall be made
under this paragraph for planning assistance to
-------
STATUTES AND LEGISLATIVE HISTORY
325
counties having a population of 50,000 or more,
according to the latest decennial census, which are
within metropolitan areas, only if (i) the Admin-
istrator finds that planning and plans for such
county will be coordinated with the program of
comprehensive planning, if any, which is being
carried out for the metropolitan area of which the
county is a part, and (ii) the aggregate amount of
the grants made subject to this proviso does not
exceed 15 per centum of the aggregate amount
appropriated, after the date of enactment of the
Housing Act of 1964, for the purposes of this
section,'.
"Planning problems resulting from treaties or other
international agreements
"SEC. 315. Section 701 (a) (4) of the Housing Act
of 1954 is amended to read as follows:
" '(4) official governmental planning agencies for
areas where (A) urban planning problems have
resulted or are expected to result from the imple-
mentation of a Federal treaty or other inter-
national agreement or understanding, or (B) rapid
urbanization has resulted or is expected to result
from the establishment or rapid and substantial
expansion of a Federal installation:'
[p. 19341]
1.3g (4)(c) Aug. 19: Senate agreed to conference report, p. 20376
Mr. SPARKMAN. The conferees
thought that it was a very good amend-
ment, and forward looking. We had
some discussion about the limited scope
of the urban planning assistance program
to do physical planning and that this
program is not now set up to do economic
or industrial planning. However, once this
was explained there was no difficulty in
getting the House to agree to it.
Mr. President, this is a good bill, re-
markably so, in fact, when one considers
the difficulties of getting action this late
in the session.
Because of the time limitation, the bills
passed by each House were relatively
modest extender bills. In addition to ex-
tending programs already on the books,
changes were made to improve and make
more workable existing programs.
Despite the many similarities in the two
bills, the conferees were faced with the
problem of resolving 66 items of differ-
ences; most of them were small but there
were a few important ones which involved
significant changes in the effectiveness of
existing housing programs.
The conferees worked well together
with open minds to consider the best
features of the two bills before us. I have
not made a count but both sides seemed
to be satisfied that the provisions finally
agreed to were about equally divided
between the two bills.
Some of the more important items in
the Senate bill accepted by the conferees
are:
*****
Second, an expansion of the planning
grant assistance program to help plan for
communities suffering loss of Government
contracts or closing of Federal installa-
tions;
*****
[p. 20376]
1.3g (4)(d) Aug. 19: House agreed to conference report, p. 20195
[No Relevant Discussion on Pertinent Section]
1.3h APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
March 9, 1965, P.L. 89-4, Title II, §213, 79 Stat. 17
AMENDMENTS TO HOUSING ACT OF 1954
SEC. 213. (a) Section 701 (a) of the Housing -Act of 1954 (40 U.S.C.
461 (a)) is amended by striking the word "and" at the end of paragraph
(7), by substituting for the period at the end of paragraph (8) the phrase
"; and", and by adding a new paragraph (9) to read as follows:
"(9) the Appalachian Regional Commission, established by the
-------
326 LEGAL COMPILATION—SOLID WASTE
Appalachian Regional Development Act of 1965, for comprehen-
sive planning for the Appalachian region as denned by section
403 of such Act."
(b) Section 701 (b) of the Housing Act of 1954 (40 U.S.C. 461(b)), is
amended by adding before the period at the end of the first sentence
the following: ", to States participating in planning for Appalachian
regional programs, for expenses incurred in the course of such planning,
or to the Appalachian Regional Commission".
[p. 17]
1.3h (1) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 13, 89th Cong., 1st Sess. (1965)
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
JANUARY 27, 1965.—Ordered to be printed
Mr. RANDOLPH, from the Committee on Public Works, submitted
the following
REPORT
together with
INDIVIDUAL VIEWS
[To accompany S. 3]
The Committee on Public Works, to whom was referred the bill (S. 3),
to provide public works and economic development programs and the
planning and coordination needed to assist in the development of the
Appalachian region, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
[p. 1]
Section 213
This section amends section 701 of the Housing Act of 1954 so as to
make the Appalachian Regional Commission an eligible agency to
receive comprehensive planning grants under that act. This is done
to allow the Housing and Home Finance Agency to take advantage
of the research capabilities of the Commission. Contracts will be made
with the Commission on the same terms as the law now authorizes/
All funds for this section will come from HHFA's budget.
[p. 31]
-------
STATUTES AND LEGISLATIVE HISTORY 327
1.3h (2) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. No. 51, 89th Cong., 1st Sess. (1965)
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
FEBRUARY 17, 1965.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works, submitted
the following
REPORT
[To accompany S. 3]
The Committee on Public Works, to whom was referred the bill (S. 3)
to provide public works and economic development programs and the
planning and coordination needed to assist in development of the Ap-
palachian region, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
[p. 1]
Section 213
This section amends section 701 of the Housing Act of 1954 so as to
make the Appalachian Regional Commission an eligible agency to
receive comprehensive planning grants under that act. This is done to
allow the Housing and Home Finance Agency to take advantage of the
research capabilities of the Commission. The States are also made eligible
to receive Federal grants under that act of up to 75 percent of their
cost of planning for these regional programs. Contracts will be made
with the Commission on the same terms as the law now authorizes. All
funds for this section will come from HHFA's budget.
[p. 27]
1.3h (3) CONGRESSIONAL RECORD, VOL. Ill (1965)
1.3h (3)(a) Feb. 1: Debated and passed Senate, p. 1676
Mr. BREWSTER. the water intake of most urban areas in
the eastern half of our country.
„. .„. , „ ,, . The Housing Act of 1954 is amended to
Sixteen million dollars would be au- ^ for ehensive ]annin^ for the
thonzed to construct sewage treatment Appalachian region using 701 funds.
works. Such facilities are essential to
prevent the continued pollution of the
region's streams. The pollution that now
occurs almost always takes place above
[p. 1676]
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328
LEGAL COMPILATION—SOLID WASTE
1.3h (3)(b) March 2: Debated and passed House, p. 3922
Mr. MORGAN.
*****
Likewise, grants for sewage treatment
works to Appalachian States under the
Federal Water Pollution Control Act
would be liberalized.
And the Housing Act of 1954 would be
amended to make the Appalachian
Regional Commission eligible to receive
comprehensive planning grants under this
act.
Mr. Chairman, as a representative in
the Congress of the United States from
the 26th Congressional District of Penn-
sylvania, a depressed area, I have observed
the ravages of economic distress at first
hand. It is my firm conviction that this
suggested legislation, providing as it
does for long-term economic growth,
would be of great assistance not only to
my own congressional district, but also
to the entire Appalachian region and
ultimately to the whole United States.
I, therefore, urge the Congress to take
immediate affirmative actioji on this
carefully thought out proposal for directing
this 10-State region up the road of
economic rehabilitation and long-term
growth, as contained Senate bill 3.
[p. 3922]
1.3i HOUSING AND URBAN DEVELOPMENT ACT OF 1965
August 10, 1965, P.L. 89-117, Title XI, §1102, 79 Stat. 502
URBAN PLANNING GRANTS
SEC. 1102. (a) The fifth sentence of section 701(b) of the Housing
Act of 1954 is amended by striking out $105,000,000" and inserting in
lieu thereof $230,000,000".
(b) Section 701(b) of such Act is amended by striking out the period
at the end and inserting in lieu thereof the following: ": Provided, That
not to exceed 5 per centum of any funds so appropriated may be used
by the Administrator for studies, research, and demonstration projects,
undertaken independently or by contract, for the development and im-
provement of techniques and methods for comprehensive planning and
for the advancement of the purposes of this section."
(c)(l) Section 701 of such Act is amended by adding at the end thereof
a new subsection as follows:
"(g) In addition to the planning grants authorized by subsection
(a), the Administrator is further authorized to make grants to or-
ganizations composed of public officials whom he finds to be represent-
ative of the political jurisdictions within a metropolitan area or urban
region for the purpose of assisting such organizations to undertake
studies, collect data, develop regional plans and programs, and engage
in such other activities as the Administrator finds necessary or de-
sirable for the solution of the metropolitan or regional problems in
such areas or regions. To the maximum extent feasible, all grants under
this subsection shall be for activities relating to all the developmental
aspects of the total metropolitan area or urban region, including, but
-------
STATUTES AND LEGISLATIVE HISTORY 329
not limited to, land use, transportation, housing, economic develop-
ment, natural resources development, community facilities, and the
[p. 502]
general improvement of living environments. A grant under this sub-
section shall not exceed two-thirds of the estimated cost of the work
for which the grant is made."
(2) Section 701 (b) of such Act is amended—
(A) by inserting "planning" immediately before "grant" the
first time it appears in the first sentence, and
(B) by striking out "planning" in the fourth sentence.
(d) Section 701 (b) of such Act is amended by inserting after "Area
Redevelopment Act" the following: "(or under any Act supplementary
thereto)".
[p. 503]
1.3i (1) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 365, 89th Cong., let Sesa. (1965)
HOUSING AND URBAN DEVELOPMENT ACT OF 1965
MAY 21, 1965.—Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
Mr. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany H. R. 7984]
The Committee on Banking and Currency, to whom was referred
the bill (H.R. 7984) to assist in the provision of housing for low- and
moderate-income families, to promote orderly urban development, to
improve living environment in urban areas, and to extend and amend
laws relating to housing, urban renewal, and community facilities,
having considered the same, report favorably thereon without amend-
ment and recommend that the bill do pass.
[P-1]
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330 LEGAL COMPILATION—SOLID WASTE
TITLE X—MISCELLANEOUS
Urban planning grants—authorization
The bill would eliminate the existing $105 million ceiling on the au-
thorization for appropriation of funds for urban planning grants under
section 701 of the Housing Act of 1954. Additional funds would, of
course, be made available only through appropriations. The bill would
further provide a cutoff date of October 1, 1969, for the urban planning
grant program. Thus far, $86 million of the existing authorization of
$105 million has been appropriated. The estimated program level for
fiscal year 1966 is $35 million.
Under section 701, the Housing Administrator is authorized to make
grants (generally not to exceed two-thirds of the estimated costs) to
States and local planning agencies to assist in preparing comprehensive
development plans and programs. The program is designed to encourage
and facilitate comprehensive planning for urban development on a
continuing basis, including planning for open-space land and urban
transportation. Surveys and analyses of population, economy, physi-
ography, land use, transportation, and similar factors may be financed,
as well as preparation of comprehensive development plans for the areas
involved and maintenance of data on a current basis. Since its inception,
more than 4,500 different localities have participated in the program.
[p. 48]
TITLE X—MISCELLANEOUS
Section 1001. Authorization for urban planning grants
This section amends section 701 of the Housing Act of 1954 to eliminate
the existing $105 million ceiling on the total amount authorized to be
appropriated for urban planning grants thereunder, at the same time
adding a provision which terminates the program as of October 1, 1969.
[p. 65]
HOUSING ACT OF 1954
URBAN PLANNING
SEC. 701 (a) * * *
(b) A grant made under this section shall not exceed two-thirds of
the estimated cost of the work for which the grant is made: Provided,
That such a grant may be in an amount not exceeding three-fourths
of such estimated cost to an official governmental planning agency for
an area described in subsection (a) (7), or for planning being carried
out for a city, other municipality, county, group of adjacent communi-
ties, or Indian reservation in an area designated by the Secretary of
-------
STATUTES AND LEGISLATIVE HISTOEY 331
Commerce as a redevelopment area under section 5 of the Area Re-
development Act. All grants made under this section shall be subject
to terms and conditions prescribed by the Administrator. No portion
of any grant made under this section shall be used for the preparation
of plans for specific public works. The Administrator is authorized,
notwithstanding the provisions of section 3648 of the Revised Statutes,
as amended, to make advances or progress payments on account of any
planning grant made under this section. There is hereby authorized to
be appropriated [not exceeding $105,000,000] such amounts as may
be necessary to carry out the purposes of this section, and any amounts
so appropriated shall remain available until expended.
*******
(g) No grant shall be made under this section after October 1, 1969, ex-
cept pursuant to a contract or commitment entered into on or before such
date.
[p. 160]
1.3i (2) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 378, 89th Cong., 1st Sess. (1965)
HOUSING AND URBAN DEVELOPMENT ACT OF 1965
JUNE 28 (legislative day, JUNE 25), 1965.—Ordered to be printed
Mr. SPARKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
together with
INDIVIDUAL AND MINORITY VIEWS
[To accompany S. 2213]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 2213) to assist in the pro-
vision of housing for low- and moderate-income families, to promote
orderly urban development, to improve living environment in urban
areas, and to extend and amend laws relating to housing, urban re-
newal, urban mass transportation, and community facilities, and recom-
mend that the bill do pass.
[P-1]
-------
332 LEGAL COMPILATION—SOLID WASTE
TITLE X—MISCELLANEOUS
URBAN PLANNING GRANTS—AUTHORIZATION
Section 1001 of the bill would raise the existing $105 million ceiling
on the authorization for appropriation of funds for urban planning
grants under section 701 of the Housing Act of 1954 to $230 million.
The committee has also added a provision to section 701 of the Housing
Act of 1954 which will permit up to 5 percent of any funds appropriated
under the authorization to be used by the Housing Administrator for
studies and for demonstration projects for the development and improve-
ment of techniques and methods for comprehensive planning and for the
advancement of the purposes of the urban planning grant program.
Under the section 701 urban planning grant program, the Housing
Administrator is authorized to make grants (generally not to exceed
two-thirds of the estimated costs) to States and local planning agencies
to assist in preparing comprehensive development plans and programs.
The program is designed to encourage and facilitate comprehensive
planning for urban development on a continuing basis, including planning
for open space land and urban transportation. Surveys and analyses
of population, economy, physiography, land use, transportation, and
similar factors may be financed, as well as preparation of com-
prehensive development plans for the areas involved and maintenance
of data on a current basis. Since its inception, more than 4,500 different
localities have participated in the program.
[p. 63]
This section would also provide assistance to the solution of metro-
politan or regional problems.
One of the most urgent needs in developing and carrying out plans
and programs for coordinated development of a metropolitan or other
urban area is administrative machinery for cooperation among the
jurisdictions within the area. An organization of policy and decision
makers representing the various local governments within the area
can serve as an effective forum for studying and resolving issues raised
by metropolitan problems, for developing action programs for carrying
out metropolitan comprehensive plans, and for determining regional
policies affecting governmental and functional activities.
The need for such organizations is receiving increasing recognition
by the political leaders within metropolitan regions, and within the
past few years several areas have formed associations or conferences
of elected officials—such as the metropolitan areas including Atlanta;
Washington, D.C.; San Francisco, Calif.; Detroit,-Mich.; Salem, Oreg.;
Philadelphia, Pa.; and Seattle, Wash.
Because of the basic importance of this general kind of organization
to achieving metropolitan cooperation and implementing conipre-
-------
STATUTES AND LEGISLATIVE HISTORY 333
hensive overall plans, including plans for many federally assisted fa-
cilities and programs, it is proposed that Federal financial assistance
be made available to support their operations. Assistance is particu-
larly needed to create an incentive for their establishment and to assist
them during their early, formative years when adequate financing is a
crucial problem.
The bill therefore authorizes Federal grants to be made by the Housing
Administrator to metropolitan or regional organizations of local govern-
mental representatives to assist them in working out mutually acceptable
solutions to common problems affecting multijurisdictional urban areas.
This assistance would complement, and in some cases anticipate
comprehensive metropolitan planning now eligible for assistance under
the section 701 urban planning grant program.
The grants could cover up to two-thirds of the cost of a broad range
of activities including, but not limited to, studies of legal, governmental,
and administrative problems affecting the cooperating jurisdictions, the
development of uniform coordinated regulatory measures, the develop-
ment of inter]urisdictional agreements and arrangements for jointly
providing public services, and the development of programs, on a unified
metropolitan basis where necessary, for providing and operating facili-
ties proposed in comprehensive metropolitan plans. However, the main
objective would be to foster metropolitan cooperation on a broad front,
rather than being limited to comprehensive planning authorized by
other parts of section 701 of the Housing Act of 1954. Hence, financial
assistance would not be restricted to those urban areas that had de-
veloped a comprehensive plan or were carrying out a comprehensive
metropolitan planning program.
Administrative procedures should be established: (1) to assure co-
ordination of comprehensive planning activities carried out by a
separate metropolitan or regional planning agency with those activities
of the same metropolitan or urban area's organization of govern-
mental officials supported by grants made under this new provision;
[p. 64]
and (2) to avoid duplication of planning activities financed under the
section 701 urban planning grant program.
The administrative criteria governing eligibility for a grant under
these provisions that should be directed at permitting a diversity of
organizational structure and composition. However, it is the intent of
this provision that the grants would be made only to organizations
consisting of representatives of the general governmental authority of
the participating jurisdictions, rather than to organizations of repre-
sentatives of limited functional activities. Although the grants would
be made to the eligible organization, it might, as is customary with
-------
334 LEGAL COMPILATION—SOLID WASTE
the existing section 701 urban planning program, carry out the pro-
posed work either with its own staff or by contracting with private
consultants or operating or functional agencies such as park depart-
ments, sewer and water commissions, or organizations of administrative
officials.
[p. 65]
TITLE X—MISCELLANEOUS
Urban planning grants
Section 1001 (a}.—Amends section 701 (b) of the Housing Act of 1954
to increase the limit on appropriations for urban planning grants from
$105 million to $230 million.
[p. 87]
(6) Amends section 701(b) of the Housing Act of 1954 to permit up
to 5 percent of funds appropriated for urban planning grants to be
used for studies, research, and demonstration projects for the develop-
ment and improvement of techniques and methods for comprehensive
planning and for the advancement of the purposes of the urban planning
grant program.
(c) Amends section 701 of the Housing Act of 1954 to authorize the
Housing Administrator to make two-thirds grants to organizations
composed of elected officials who represent political jurisdictions within
a metropolitan area to assist them to undertake studies, collect data,
develop regional plans and programs, and engage in other activities
desirable for the solution of the metropolitan or regional problems.
[p. 88]
l.Si (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 679, 89th Cong., 1st Sess. (1965)
HOUSING AND URBAN DEVELOPMENT ACT OF 1965
JTJLY 23, 1965.—Ordered to be printed
Mr. PATMAN, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany H. R. 7984]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 7984) to assist
-------
STATUTES AND LEGISLATIVE HISTORY 335
in the provision of housing for low- and moderate-income families, to
promote orderly urban development, to improve living environment in
urban areas, and to extend and amend laws relating to housing, urban
renewal, and community facilities, having met, after full and free con-
ference, have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following: That this Act may be cited as the "Housing
and Urban Development Act of 1965".
[p. 1]
URBAN PLANNING GRANTS
SEC. 1102. (a) The fifth sentence of section 701(b) of the Housing Act
of 1954 is amended by striking out "$105,000,000" and inserting in lieu
thereof "$230,000,000".
(b) Section 701 (b) of such Act is amended by striking out the period
at the end and inserting in lieu thereof the following: ": Provided, That
not to exceed 5 per centum of any funds so appropriated may be used by
the Administrator for studies, research, and demonstration projects, under-
taken independently or by contract, for the development and improvement
of techniques and methods for comprehensive planning and for the advance-
ment of the purposes of this section."
(c)(l) Section 701 of such Act is amended by adding at the end thereof
a new subsection as follows:
"(g) In addition to the planning grants authorized by subsection (a),
the Administrator is further authorized to make grants to organizations
composed of public officials whom he finds to be representative of the po-
litical jurisdictions within a metropolitan area or urban region for the
purpose of assisting such organizations to undertake studies, collect
data, develop regional plans and programs, and engage in such other
activities as the Administrator finds necessary or desirable for the solu-
tion of the metropolitan or regional problems in such areas or regions. To
the maximum extent feasible, all grants under this subsection shall be
for activities relating to all the developmental aspects of the total metro-
politan area or urban region, including, but not limited to, land use,
[p. 54]
transportation, housing, economic development, natural resources develop-
ment, community facilities, and the general improvement of living en-
vironments. A grant under this subsection shall not exceed two-thirds of
the estimated cost of the work for which the grant is made."
-------
336 LEGAL COMPILATION—SOLID WASTE
(2} Section 701 (b) of such Act is amended—
(A) by inserting "planning" immediately before "grant" the first
time it appears in the first sentence, and
(B) by striking out "planning" in the fourth sentence.
(d) Section 701 (b) of such Act is amended by inserting after "Area Re-
development Act" the following: "(or under any Act supplementary thereto)".
[p. 55]
STATEMENT OF THE MANAGERS ON THE PART OF
THE HOUSE
The managers on the part of the House at the conference on the dis-
agreeing votes of the two Houses on the amendment of the Senate to
the bill (H.R. 7984) to assist in the provision of housing for low- and
moderate-income families, to promote orderly urban development, to
improve living environment in urban areas, and to extend and amend
laws relating to housing, urban renewal, and community facilities,
submit the following statement in explanation of the effect of the ac-
tion agreed upon by the conferees and recommended in the accompany-
ing conference report:
The Senate struck out all of the House bill after the enacting clause
and inserted a substitute amendment. The committee of conference has
agreed to a substitute for both the House bill and the Senate amend-
ment. Except for technical, clarifying, and conforming changes, the
following statement explains the differences between the House bill
and the substitute agreed to in conference.
[p. 63]
TITLE XI MISCELLANEOUS
Urban planning grants
The House bill contained a provision authorizing appropriations as
needed for the urban planning grant program and terminating the
program on October 1, 1969. The Senate amendment simply raised
the existing authorization from $105,000,000 to $230,000,000. In ad-
dition, the Senate amendment contained a provision permitting up to
5 percent of the funds appropriated to be used in developing and im-
proving planning techniques, and also authorized grants to organi-
zations of elected officials in metropolitan areas to assist in studies,
collection of data, and development of plans and programs. The con-
ference substitute contains the Senate provision with a modification.
[p. 75]
The term "elected official" as contained in the original Senate text
was changed to read "public official". While the amendment is directed
-------
STATUTES AND LEGISLATIVE HISTORY
337
at making eligible organizations of local elected officials, the term "public
official" was required to make it clear that the Metropolitan Councils
of Governments for Washington and certain other areas are eligible
for these grants even though their members may not be elected. For
example, the Washington Council has representatives from the Board
of Commissioners of the Government of the District of Columbia. These
Commissioners are not elected but are appointed by the President.
[p. 76]
1.3i (4) CONGRESSIONAL RECORD, VOL. Ill (1965)
1.3i (4)(a) June 28, 30: Debated, amended and passed House, pp.
14862, 14877, 15242
Mr. PEPPER.
*****
Thy last title of the bill, title X, in-
cludes a number of miscellaneous pro-
visiohs, the most important of which are
4-year extensions of the existing urban
planning grant program and the public
wo^ks planning advance program.
Mr. BARRETT.
[p. 14862]
TITLE X—MISCELLANEOUS
Title X, the last title of the bill, would
eliminate existing dollar ceilings for the
appropriation of funds for the urban
planning assistance program, the public
works planning advance program and the
Federal-State training program. A cutoff
date of October 1, 1969, would be pro-
vided for each program. Funds would be
made available only through appropria-
tions.
[p. 14877]
TITLE X - MISCELLANEOUS
Authorization for urban planning grants
SEC. 1001. (a) Section 701(b) of the Housing
Act of 1954 is amended by striking out "not ex-
ceeding $105,000,000" in the fifth sentence and
inserting in lieu thereof "such amounts as may be
necessary".
(b) Section 701 of such Act is further amended
by adding at the end thereof the following new
subsection:
"(g) No grant shall be made under this section
after October 1, 1969, except pursuant to a con-
tract or commitment entered into on or before
such date."
[p. 15242]
1.31 (4)(b) July 15: Debated, amended and passed Senate, p. 16959
[No Relevant Discussion on Pertinent Section]
1.3i (4)(c) July 26: Senate agrees to conference report, p. 18247
[No Relevant Discussion on Pertinent Section]
1.31 (4)(d) July 27: House agrees to conference report, p. 18394
[No Relevant Discussion on Pertinent Section]
-------
338 LEGAL COMPILATION—SOLID WASTE
1.3j DEMONSTRATION CITIES AND METROPOLITAN
DEVELOPMENT ACT OF 1966
November 3, 1966, P.L. 89-754, Title IV, §406, Title VI, §604,
Title X, §1008, 80 Stat. 1273,1279, 1286
URBAN PLANNING GRANTS
SEC. 406. Section 701 (a) (4) of the Housing Act of 1954 13 is amended
by inserting before the semicolon at the end thereof the following: ", or
for areas where rapid urbanization is expected to result on land developed
or to be developed as a new community approved under section 1004 of
the National Housing Act".
[p. 1273]
URBAN PLANNING GRANTS FOR SURVEYS OF HISTORIC STRUCTURES
SEC. 604. Section 701 of the Housing Act of 1954 M is amended by
adding at the end thereof the following new subsection:
"(h) In addition to the other grants authorized by this section, the
Secretary is authorized to make grants to assist any city, other munici-
pality, or county in making a survey of the structures and sites in such
locality which are determined by its appropriate authorities to be of
historic or architectural value. Any such survey shall be designed to
identify the historic structures and sites in the locality, determine the
cost of their rehabilitation or restoration, and provide such other informa-
tion as may be necessary or appropriate to serve as a foundation for a
balanced and effective program of historic preservation in such locality.
The aspects of any such survey which relate to the identification of
historic and architectural values shall be conducted in accordance with
criteria found by the Secretary to be comparable to those used in estab-
lishing the National Register maintained by the Secretary of the Interior
under other provisions of law; and the results of each such survey shall
be made available to the Secretary of the Interior. A grant under this
subsection shall not exceed two-thirds of the cost of the survey for which
it is made, and shall be made to the appropriate agency or entity specified
in paragraphs (1) through (9) of subsection (a) or, if there is no such
agency or entity which is qualified and willing to receive the grant and
provide for its utilization in accordance with this subsection, directly
to the city, other municipality, or county involved."
[p. 1279]
-------
STATUTES AND LEGISLATIVE HISTORY 339
PLANNING GRANTS FOR RESEARCH ON STATE STATUTES AFFECTING
LOCAL GOVERNMENTS
SEC. 1008. Section 701 (b) of the Housing Act of 195452 is amended by
inserting before the period at the end thereof the following: ", and for
grants to assist in the conduct of studies and research relating to needed
revisions in State statutes which create, govern, or control local govern-
ments and local governmental operations".
[p. 1286]
1.3j (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 1439, 89th Cong., 2d Sess. (1966)
DEMONSTRATION CITIES AND METROPOLITAN
DEVELOPMENT ACT OF 1966
AUGUST 9, 1966.—Ordered to be printed
Mr. MUSKIE, from the Committee on Banking and Currency, submitted
the following
REPORT
together with
MINORITY VIEWS
[To accompany S. 3708]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 3708) to assist comprehensive
city demonstration programs for rebuilding slum and blighted areas and
for providing the public facilities and services necessary to improve the
general welfare of the people who live in those areas, to assist and en-
courage planned metropolitan development, and for other purposes, and
recommend that the bill do pass.
[p. 1]
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340 LEGAL COMPILATION—SOLID WASTE
1.3J (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 1931, 89th Cong., 2d Sess. (1966)
DEMONSTRATION CITIES AND METROPOLITAN DE-
VELOPMENT ACT OF 1966
SEPTEMBER 1, 1966.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S. 3708]
The Committee on Banking and Currency, to whom was referred the
bill (S. 3708) to assist comprehensive city demonstration programs for
rebuilding slum and blighted areas and for providing the public facilities
and services necessary to improve the general welfare of the people who
live in those areas, to assist and encourage planned metropolitan develop-
ment, and for other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill, as amended,
do pass.
The amendment is as follows: Strike out all after the enacting clause
and insert the matter which appears in italic type in the bill herewith
reported to the House.
[p. 1]
Urban planning grants.—The bill would make available urban planning
grants, under the present program of urban planning assistance to
official governmental planning agencies for areas where new communities
are to be developed with mortgage insurance assistance. Such Federal
grants to local planning agencies are presently available for metropolitan
areas, depressed areas, and federally impacted areas.
[p. 28]
URBAN PLANNING GRANTS FOR SURVEYS OF HISTORIC STRUCTURES
Section 604 of the bill amends the comprehensive urban planning
program (sec. 701 of the Housing Act of 1954) to authorize the Secretary
to make two-thirds grants to assist a city, other municipality, or county
-------
STATUTES AND LEGISLATIVE HISTORY 341
in making a survey of properties of historic or architectural value. Such
surveys would identify properties and private information necessary to
the development of a balanced and effective local historic preservation
program. Grants would, preferably, be made to local agencies undertaking
such surveys as part of a local comprehensive planning program. How-
ever, where no agency is qualified and willing to undertake adequate
surveys, the grant could be made directly to the local public body itself,
without population limitation.
Cities with less than 50,000 population are eligible for similar assistance
under existing law, but only as part of a comprehensive planning program.
The committee believes that the pressing need for historic and architectu-
ral preservation justifies these proposed exceptions to the general section
701 limitations on assistance.
Section 701 prohibits assistance for detailed restoration plans and cost
estimates of specific projects. Such activities would instead be included
as part of projects assisted under the urban renewal and historic pres-
ervation grant sections of this title of the bill.
[p. 33]
Section 406. Urban planning grants
This section amends section 701 (a) of the Housing Act of 1954 to
make urban planning grants thereunder available to official govern-
mental planning agencies for areas where new communities are to be
developed with mortgage insurance assistance under the new program
established by title IV of the bill. (Federal grants to local planning
agencies for such planning are now available for metropolitan areas,
depressed areas, and federally impacted areas.)
[p. 57)
Section 604- Urban planning grants for surveys of historic structures
This section amends section 701 of the Housing Act of 1954 by adding
a new subsection (h), authorizing the Secretary of Housing and Urban
Development to make grants to assist cities, other municipalities, and
counties in making surveys (in accordance with criteria comparable to
those used by the Secretary of the Interior for the National Register)
of structures and sites determined to be of historic or architectural value
in order to identify such structures and sites, determine the cost of their
rehabilitation and restoration, and provide related information. Such a
grant, which could be in an amount up to two-thirds of the cost of the
survey involved, would be made to the appropriate planning agency as
presently provided for or (if no such agency is qualified and willing to
receive and use the grant for such survey) directly to the city or
municipality.
[p. 60]
-------
342 LEGAL COMPILATION—SOLID WASTE
Section 907. Planning grants for research on State statutes affecting local
governments
This section amends section 701 (b) of the Housing Act of 1954 to
permit section 701 planning grant funds to be used, under the demonstra-
tion program (for which 5 percent of such funds are set aside), for grants
to assist in studies and research on needed revisions to those State statutes
which create, govern, or control local governmental operations.
[p. 63]
l.Sj (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 2301, 89th Cong., 2d Sess. (1966)
DEMONSTRATION CITIES AND METROPOLITAN
DEVELOPMENT ACT OF 1966
OCTOBER 18, 1966.—Ordered to be printed
Mr. PATMAN, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 3708]
The committee of conference on the disagreeing votes of the two
Houses on the ameadment of the House to the bill (S. 3708) to assist
comprehensive city demonstration programs for rebuilding slum and
blighted areas and for providing the public facilities and services necessary
to improve the general welfare of the people who live in those areas, to
assist and encourage planned metropolitan development, and for other
purposes, having met, after full and free conference, have agreed to rec-
ommend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment
insert the following: That this Act may be cited as the "Demonstration
Cities and Metropolitan Development Act of 1966".
[p. 1]
-------
STATUTES AND LEGISLATIVE HISTORY 343
STATEMENT OF THE MANAGERS ON THE PART OF THE
HOUSE
The managers on the part of the House at the conference on the dis-
agreeing votes of the two Houses on the amendment of the House to the
bill (S. 3708) to assist comprehensive city demonstration programs for
rebuilding slum and blighted areas and for providing the public facilities
and services necessary to improve the general welfare of the people
who live in those areas, to assist and encourage planned metropolitan
development, and for other purposes, submit the following statement in
explanation of the effect of the action agreed upon by the conferees
and recommended in the accompanying conference report:
The House struck out all of the Senate bill after the enacting clause
and inserted a substitute amendment. The committee of conference has
agreed to a substitute for both the House amendment and the Senate
bill. Except for technical, clarifying, and conforming changes, the following
statement explains the differences between the House amendment and
the substitute agreed to in conference.
[p. 44]
TITLE IV—LAND DEVELOPMENT AND NEW COMMUNITIES
The House amendment contained a provision not included in the Senate
bill increasing the maximum mortgage from $10 million to $25 million
which FHA can insure for land development and authorizing this
assistance for entire new communities. The conference report contains
the House provision with three amendments which would terminate
this authority on October 1, 1972; would require approval of any new
community by the local governing body and by the Governor of the
State (except in "home rule" cases); and would limit the total amount of
insurance which can be outstanding under this provision at any one
time to $250 million.
[p. 45]
TITLE VI PRESERVATION OF HISTORIC STRUCTURES
Loans for acquisition and rehabilitation of historic structures
The House amendment contained a provision authorizing the use of
below-market interest rate loans under section 312 of the Housing Act
of 1964 for historic preservation purposes. There was no such provision
in the Senate bill and none is contained in the conference report.
[p. 46]
-------
344
LEGAL COMPILATION—SOLID WASTE
Studies of State laws affecting cities
The House amendment contained a provision authorizing the limited
use of urban planning grant funds for studies of State laws affecting
municipalities. This is retained in the conference report but the conferees
wish to make clear that it is not intended that these funds be used in
any way for lobbying State legislatures.
[p. 48]
1.3j (4) CONGRESSIONAL RECORD, VOL. 112 (1966)
1.3j (4)(a) Aug. 18, 19: Debated, amended and passed Senate, pp.
19858, 19866, 20026, 20030, 20061
[No Relevant Discussion on Pertinent Section]
1.3j (4)(b) Oct. 13, 14: Debated, amended and passed House, pp.
26598, 26604, 26937, 26938, 26959-26962, 26969, 26987
Mr. PEPPER.
Title IV contains a new program to
extend FHA mortgage insurance for land
development so as to include the financing
of entire new large-scale communities.
This title would increase from $10 to
$25 million the limit now provided on
land development mortgages and would
provide that mortgages for financing these
new communities would be eligible for
FNMA special assistance.
[p. 26598]
Mr. PATMAN.
Title IV would extend the FHA financ-
ing for subdivisions which we authorized
in last year's act to make entire new
communities eligible. Many housing and
planning experts are convinced of the
inevitability of more and more new com-
munities which will relieve some of the
land and population pressures which are
besetting our larger urban centers. In
my judgment we should encourage,
through Federal assistance, the growth
of new rationally planned communities
and towns.
[p. 26604]
Mr. RYAN.
Title IV opens up an exciting possibility
for a new kind of Federal program, that
of FHA mortgage insurance for planned,
new communities. The need for such a
program is adequately demonstrated by
the fact that, between 1960 and 1965,
the suburbs have grown in population by
17.7 percent, while the central cities have
grown by 3.2 percent during this period,
and this trend is likely to continue. The
mushrooming suburbs should not be
allowed to become metropolitan oases
which hide from the central cities behind
lily-white curtain. Rather, this title
should encourage the construction of new
communities which would be a con-
tributing part of a planned metropolitan
network. We must be wary, however, that
these new communities do not become the
middle-class ghettos, the closed suburban
-------
STATUTES AND LEGISLATIVE HISTORY
345
communities which many privately fi
nanced new towns have become. Thes
new communities must provide housing
for all income groups,
Title VI of this bill provides grants t
localities for the recognition, relocation
and restoration of historic and architec
turally valuable structures in urban
renewal areas and loans to tenants o:
owners of these types of structures for their
acquisition and rehabilitation. These are
commendable provisions. Only recentlj
was the grand Metropolitan Opera Housi
in New York City saved from the wrecker's
ball. Regretfully, many other valuable
buildings are not so fortunate and are
destroyed. It is my hope that this measure
can help prevent such losses.
[p. 26937;
Finally, title IX, besides including
many clarifying amendments, also pro-
vides additional FHA assistance for co-
operative housing, including FHA-insured
advances during the construction of such
housing, and for low-income housing under
the section 221(d)(3) program. Also
included are provisions: First, for Federal
grants for the development of open-space
areas whether or not these areas were
acquired under a Federal grant program;
second, for the Secretary of Defense to
acquire the homes of servicemen and other
employees of military bases slated to close
or to reimburse them for losses, resulting
from such closings, suffered in the sale of
their homes, and third, for extending to 6
months after the passage of this bill the
time allowed for submission of the report
on the Secretary of the Department of
Housing and Urban Development's study
of relief for homeowners in the vicinity of
airports.
[p. 26938]
Urban planning grants
SEC. 406. Section 701(a) (4) of the Housing Act
of 1954 is amended by inserting before the semi-
colon at the end thereof the following: ", or for
areas where rapid urbanization is expected to
result on land developed or to be developed as a
new community approved under section 1004 of
the National Housing Act".
[p. 26959]
Urban planning grants for surveys of
historic structures
SEC, 604. Section 701 of the Housing Act of 1954
is amended by adding at the end thereof the follow-
ing new subsection:
"(h) In addition to the other grants authorized
by this section, the Secretary is authorized to make
grants to assist any city, other municipality, or
county in making a survey of the structures and
sites in such locality which are determined by its
appropriate authorities to be of historic or architec-
tural value. Any such survey shall
[p. 26960]
be designed to locate the historic structures and
sites in the locality, determine the cost of their re-
habilitation or restoration, and provide such other
information as may be necessary or appropriate to
serve as a foundation for a balanced and effective
program of historic preservation in such locality.
The aspects of any such survey which relate to the
identification of historic and architectural values
shall be conducted in accordance with criteria
Found by the Secretary to be comparable to those
used in establishing the National Register main-
tained by the Secretary of the Interior under other
provisions of law; and the results of each such
survey shall be made available to the Secretary of
;he Interior. A grant under this subsection shall not
exceed two-thirds of the cost of the survey for
which it is made, and shall be made to the ap-
propriate agency or entity specified in paragraphs
(1) through (9) of subsection (a) or, if there is no
such agency or entity which is qualified and willing
to receive the grant and provide for its utilization
n accordance with this subsection, directly to the
city, other municipality, or county involved."
[p. 26961]
Planning grants for research on State statutes
affecting local governments
SEC. 907. Section 701 (b) of the Housing Act of
954 is amended by inserting before the period at
he end thereof the following: ", and for grants to
ssist in the conduct of studies and research re-
ating to needed revisions in State statutes which
reate, govern, or control local governments and
ocal governmental operations".
[p. 26962]
VIr. MTJLTER.
Section 604 of the bill, which I also
ropose to strike would add special pro-
isions to the section 701 comprehensive
urban planning program. This program
-------
346
LEGAL COMPILATION—SOLID WASTE
already assists in areawide historic sur-
veys. The effect of the new provisions
would be to authorize more detailed studies
of individual historic structures. Also, it
would allow a locality to undertake such
historic surveys and planning regardless of
whether it was undertaking a general
program of comprehensive planning.
[p. 26969]
Mr. PATMAN. Mr. Chairman, I am
glad the motion to strike title IV of the bill
was rejected by this body.
This land development and new com-
munities title would amend the new title
X added to the National Housing Act last
year. Title X has as its principal aim to
stimulate the production of an increased
supply of well-planned and improved
residential building sites. It stems from
the need, overwhelmingly supported by
testimony before the committee, to
provide new ways of avoiding the dis-
ordered sprawl which has marked recent
metropolitan development.
lp. 26987]
1.3j (4)(c) Oct. 18: Senate concurs in conference report, p. 29357
[No Relevant Discussion on Pertinent Section]
1.3j (4)(d) Oct. 20: House concurs in conference report, p. 28127
Mr. PATMAN.
*****
I am pleased to report to the House
that our conferees were successful in
defending title IV of the House bill which
authorized FHA mortgage insurance for
development of new communities. How-
ever, in view of the strong feelings of the
Senate conferees, we did accept a limita-
tion of $250 million on the outstanding
amount of such insured loans, together
with a termination date for this program
of 1972. We also accepted an amendment
requiring that any such new community
must be approved by the local governing
body and, in most cases, by the Governor
of the State, as well.
Title VI of the conference report is
designed to encourage the preservation of
historic structures. The House version in-
cluded the authorization of funds of
several types, including the use of urban
renewal grants, urban planning grants,
open-space grants, and certain special
appropriations. The House version would
also have authorized the use of low-interest
rehabilitation loans, but in view of the
strong objection by the Senate conferees,
and by the Department, the loan provision
was eliminated.
Mr. Speaker, one of the most serious
controversies in this legislation has in-
volved the subject of local grant-in-aid
credit under the urban renewal program.
As the bill passed the House, there were
no provisions for specific projects, but
section 701 liberalized existing law so that
communities under certain conditions
could get credit for one-fourth of the cost
of certain local projects. These eligible
projects were denned as those for cultural,
exhibition, civic, or municipal purposes.
The other body had earlier approved a
very similar provision, but without the
word "municipal." The inclusion of
"municipal" greatly disturbed the Depart-
ment because it was so broad and vague.
Accordingly, in conference, we struck out
the word "municipal" and in its place
substituted "city hall or public safety
building."
[p. 28127]
-------
STATUTES AND LEGISLATIVE HISTORY 347
1.3k HOUSING AND URBAN DEVELOPMENT ACTS
Obsolete References, May 25, 1967, P.L. 90-19, §10(a), 81 Stat. 22
SEC. 10. (a) Sections 312, 314, 701, and 702 of the Housing Act of
195462 are amended by striking out "Administrator" each place it appears
and inserting in lieu thereof "Secretary".
[p. 22]
1.3k (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 56, 90th Cong., 1st Sess. (1967)
NECESSARY TECHNICAL CORRECTIONS TO REFLECT THE
CREATION AND ORGANIZATION OF THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
FEBRUARY 16, 1967.—Ordered to be printed
Mr. SPARKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S.J. Res. 42]
The Committee on Banking and Currency, having considered the same,
reports favorably a committee resolution (S.J. Res. 42) to amend the
National Housing Act, and other laws relating to housing and urban
development, to correct certain obsolete references.
PURPOSE
This joint resolution is for the purpose of amending several existing
housing and other laws in order to conform them to the establishment of
the new Department of Housing and Urban Development.
[p. 1]
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348 LEGAL COMPILATION—SOLID WASTE
1.3k (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 214, 90th Cong., 1st Sess. (1967)
NOMENCLATURE CHANGES REFLECTING THE CREATION
OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOP-
MENT
APRIL 26, 1967.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S.J. Res. 42]
The Committee on Banking and Currency, to whom was referred the
joint resolution (S.J. Res. 42) to amend the National Housing Act,
and other laws relating to housing and urban development, to correct
certain obsolete references, having considered the same, report favorably
thereon without amendment and recommend that the joint resolution
do pass.
WHAT THE JOINT RESOLUTION WOULD DO
The joint resolution amends Federal laws relating to housing and
urban development to reflect the creation of the new Department of
Housing and Urban Development and the transfer, to the Secretary of
the Department, of the functions and powers previously vested in the
Housing and Home Finance Agency and its constituent units and
officials. It does not, in conforming the nomenclature used in those laws
to the new administrative structure, make any substantive changes in
the programs administered by the Department or authorize any new
functions or programs. The names of organizations and officials in the
various statutes relating to housing and urban development are simply
changed so that they will conform to the names established by the
Department of Housing and Urban Development Act. A provision is
also included (sec. 28) to make it clear that nothing in the joint resolution
affects or impairs (or subjects to any new restriction or limitation) any
function or authority of the Federal Home Loan Bank Board or its
chairman or the Federal Savings and Loan Insurance Corporation.
[P-1]
-------
STATUTES AND LEGISLATIVE; HISTORY 349
TITLE VII—URBAN PLANNING AND RESERVE OF
PLANNED PUBLIC WORKS
URBAN PLANNING
SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from the increasing concentration of popula-
tion in metropolitan and other urban areas, including smaller com-
munities; to facilitate comprehensive planning for urban development,
including coordinated transportation systems, on a continuing basis by
such governments; and to encourage such governments to establish
and improve planning staffs, the [Administrator] Secretary is authorized
to make planning grants to—
(1) State planning agencies, or (in States where no such planning
agency exists) to agencies or instrumentalities of State government
designated by the Governor of the State and acceptable to the
[Administrator] Secretary as capable of carrying out the planning
functions contemplated by this section, for the provision of planning
assistance to (A) cities and other municipalities having a population
of less than 50,000 according to the latest decennial census, and
counties without regard to population: Provided, That grants shall
be made under this paragraph for planning assistance to counties
having a population of 50,000 or more, according to the latest
decennial census, which are within metropolitan areas, only if (i)
the [Administrator] Secretary finds that planning and plans for such
county will be coordinated with the program of comprehensive
planning, if any, which is being carried out for the metropolitan
area of which the county is a part, and (ii) the aggregate amount of
the grants made subject to this proviso does not exceed 15 per
centum of the aggregate amount appropriated, after the date of
enactment of the Housing Act of 1964, for the purposes of this
section, (B) any group of adjacent com-
[p. 236]
munities, either incorporated or unincorporated, having a total
population of less than 50,000 according to the latest decennial
census and having common or related urban planning problems, (C)
cities, other municipalities, and counties, referred to in paragraph
(3) of this subsection and areas referred to in paragraph (4) of this
subsection, and (D) Indian reservations;
(2) official State, metropolitan, and regional planning agencies,
or other agencies and instrumentalities designated by the Governor
(or Governors in the case of interstate planning) and acceptable to
the [Administrator] Secretary, empowered under State or local laws
or interstate compact to perform metropolitan or regional planning;
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350 LEGAL COMPILATION—SOLID WASTE
(3) Cities, other municipalities, and counties which (A) are sit-
uated in areas designated by the Secretary of Commerce under
section 5 of the Area Redevelopment Act as redevelopment areas or
(B) have suffered substantial damage as a result of a catastrophe
which the President, pursuant to section 2(a) of "An Act to authorize
Federal assistance to States and local governments in major disasters,
and for other purposes" has determined to be a major disaster;
(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
installation, or for areas where rapid urbanization is expected to
result on land developed or to be developed as a new community
approved under section 1004 of the National Housing Act;
(5) State planning agencies for State and interstate comprehensive
planning (as defined in subsection (d)) and for research and co-
ordination activity related thereto;
(6) metropolitan and regional planning agencies, with the approval
of the State planning agency or (in States where no such planning
agency exists) of the Governor of the State, for the provision of
planning assistance within the metropolitan area or region to cities,
other municipalities, counties, groups of adjacent communities,
or Indian reservations described in clauses (A), (B), (C), and (D)
of paragraph (1) of this subsection;
(7) to official governmental planning agencies for any area where
there has occurred a substantial reduction in employment oppor-
tunities as the result of (A) the closing (in whole or in part) of a
Federal installation, or (B) a decline in the volume of Government
orders for the procurement of articles or materials produced or
manufactured in such area;
(8) tribal planning councils or other tribal bodies designated by
the Secretary of the Interior for planning for an Indian reservation
to which no State planning agency or other agency or instrumentality
is empowered to provide planning assistance under clause (D) of
paragraph (1) above; and
(9) the Appalachian Regional Commission, established by the
Appalachian Regional Development Act of 1965, for comprehensive
planning for the Appalachian region as defined by section 403 of
such Act.
Planning assisted under this section shall, to the maximum extent
feasible, cover entire urban areas having common or related urban de-
[p. 237]
velopment problems. The [Administrator] Secretary shall encourage co-
operation in preparing and carrying out plans among all interested
-------
STATUTES AND LEGISLATIVE HISTORY 351
municipalities, political subdivisions, public agencies, and other parties
in order to achieve coordinated development of entire areas. To the
maximum extent feasible, pertinent plans and studies already made for
areas shall be utilized so as to avoid unnecessary repetition of effort
and expense. Planning which may be assisted under this section includes
the preparation of comprehensive urban transportation surveys, studies,
and plans to aid in solving problems of traffic congestion, facilitating the
circulation of people and goods in metropolitan and other urban areas
and reducing transportation needs. Funds available under this section
shall be in addition to and may be used jointly with funds available for
planning surveys and investigations under other Federally-aided pro-
grams, and nothing contained in this section shall be construed as aff ecting
the authority of the Secretary of Commerce under section 307 of title
23, United States Code.
(b) A planning grant made under this section shall not exceed two-
thirds of the estimated cost of the work for which the grant is made:
Provided, That such a grant may be in an amount not exceeding three-
fourths of such estimated cost to an official governmental planning
agency for an area described in subsection (a) (7), or for planning being
carried out for a city, other municipality, county, group of adjacent
communities, or Indian reservation in an area designated by the Secretary
of Commerce as a redevelopment area under section 5 of the Area Re-
development Act, (or under any Act supplementary thereto) to States
participating in planning for Appalachian regional programs, for expenses
incurred in the course of such planning, or to the Appalachian Regional
Commission. All grants made under this section shall be subject to terms
and conditions prescribed by the [Administrator] Secretary. No portion
of any grant made under this section shall be used for the preparation
of plans for specific public works. The [Administrator] Secretary is author-
ized, notwithstanding the provisions of section 3648 of the Revised
Statutes, as amended, to make advance or progress payments on account
of any grant made under this section. There is hereby authorized to be
appropriated not exceeding $230,000,000, to carry out the purposes of
this section, and any amounts so appropriated shall remain available until
expended: Provided, That not to exceed 5 per centum of any funds so
appropriated may be used by the [Administrator] Secretary for studies,
research, and demonstration projects, undertaken independently or
by contract, for the development and improvement of techniques and
methods for comprehensive planning and for the advancement of the
purposes of this section, and for grants to assist in the conduct of studies
and research relating to needed revisions in State statutes which create,
govern, or control local governments and local governmental operations.
(c) The [Administrator] Secretary is authorized, in areas embracing
several municipalities or other political subdivisions, to encourage planning
-------
352 LEGAL COMPILATION—SOLID WASTE
on a unified metropolitan basis and to provide technical assistance for
such planning and the solution of problems relating thereto.
(d) It is the further intent of this section to encourage comprehensive
planning, including transportation planning, for States, cities,
[p. 238]
counties, metropolitan areas, urban regions, and Indian reservations
and the establishment and development of the organizational units
needed therefor. The [Administrator] Secretary is authorized to provide
technical assistance to State and local governments and their agencies
and instrumentalities, and to Indian tribal bodies, undertaking such
planning and, by contract or otherwise, to make studies and publish
information on related problems. In extending financial assistance under
this section, the [Administrator] Secretary may require such assurances
as he deems adequate that the appropriate State and local agencies are
making reasonable progress in the development of the elements of com-
prehensive planning. Comprehensive planning, as used in this section,
includes the following, to the extent directly related to urban needs:
(1) preparation, as a guide for long-range development, of general physical
plans with respect to the pattern and intensity of land use and the
provision of public facilities, including transportation facilities, together
with long-range fiscal plans for such development; (2) programming
of capital improvements based on a determination of relative urgency,
together with definitive financing plans for the improvements to be
constructed in the earlier years of the program; (3) coordination of all
related plans of the departments or subdivisions of the government
concerned; (4) intergovernmental coordination of all related planned
activities among the State and local governmental agencies concerned;
and (5) preparation of regulatory and administrative measures in support
of the foregoing.
(e) In the exercise of his function of encouraging comprehensive
planning by the States, the [Administrator] Secretary shall consult with
those officials of the Federal Government responsible for the administra-
tion of programs of Federal assistance to the States and municipalities
for various categories of public facilities.
(f) The consent of the Congress is hereby given to any two or more
States to enter into agreements or compacts, not in conflict with any
law of the United States, for cooperative efforts and mutual assistance
in the comprehensive planning for the physical growth and development
of interstate, metropolitan, or other urban areas, and to establish such
agencies, joint or otherwise, as they may deem desirable for making
effective such agreements and compacts.
(g) In addition to the planning grants authorized by subsection (a),
the [Administrator] Secretary is further authorized to make grants to
-------
STATUTES AND LEGISLATIVE HISTORY 353
organizations composed of public officials whom he finds to be representa-
tive of the political jurisdictions within a metropolitan area or urban
region for the purpose of assisting such organizations to undertake studies,
collect data, develop regional plans and programs, and engage in such
other activities as the [Administrator] Secretary finds necessary or desirable
for the solution of the metropolitan or regional problems in such areas
or regions. To the maximum extent feasible, all grants under this sub-
section shall be for activities relating to all the developmental aspects
of the total metropolitan area or urban region, including, but not limited
to, land use, transportation, housing, economic development, natural
resources development, community facilities, and the general improve-
ment of living environments. A grant under this subsection shall not
exceed two-thirds of the estimated cost of the work for which the grant
is made.
[p. 239]
1.3k (3) CONGRESSIONAL RECORD, VOL. 113 (1967)
1.3k (3)(a) Feb. 20: Passed Senate, p. 4010
[No Relevant Discussion on Pertinent Section]
1.3k (3)(b) May 15: Passed House, p. 12621
[No Relevant Discussion on Pertinent Section]
1.31 APPALACHIAN REGIONAL DEVELOPMENT ACT
Amendments of 1967, October 11, 1967, P,L. 90-103, Title I,
§115, 81 Stat. 262
SEC. 115. (a) Section 701(a) of the Housing Act of 1954 (40 TJ.S.C.
461 (a)) 16 is amended by striking out "and" at the end of clause (8) and
all of clause (9) and inserting in lieu thereof the following:
"(9) the Appalachian Regional Commission, for comprehensive
planning for the Appalachian region as defined by section 403 of
the Appalachian Regional Development Act of 1965; and
"(10) local development districts, certified under section 301 of
the Appalachian Regional Development Act of 1965, for com-
prehensive planning for their entire areas, or for metropolitan
planning, urban planning, county planning, or small municipality
planning within such areas in the Appalachian region, and for
planning for Appalachian regional programs."
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354 LEGAL COMPILATION—SOLID WASTE
(b) The proviso of the first sentence of section 701 (b) of the Housing
Act of 1954 17 is amended by inserting after "States" the words "and
local development districts".
[p. 262]
1.31 (1) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 159, 90th Cong., 1st Sess. (1967)
REVISING AND EXTENDING THE APPALACHIAN
REGIONAL DEVELOPMENT ACT OF 1965
AND
AMENDING TITLE V OF THE PUBLIC WOEKS AND ECONOMIC
DEVELOPMENT ACT OF 1965
APRIL 6, 1967.—Ordered to be printed
From the Committee on Public Works,
submitted the following
REPORT
together with
SUPPLEMENTAL VIEWS
[To accompany S. 602]
Amendments to Housing Act of 1964
Section 213 of the Appalachian Regional Development Act of 1965
amended section 701 of the Housing Act of 1964 to authorize grants, at
75 percent of the costs, to the Commission for comprehensive planning
for the region, and to the States for planning Appalachian programs.
[p. 16]
Under the authority of this section, planning grants have been ap-
proved for the Commission and several of the Appalachian States. North
-------
STATUTES AND LEGISLATIVE HISTORY 355
Carolina, Tennessee, New York, Ohio, and Alabama are receiving funds
to assist in the preparation of State investment plans, including special
studies of Appalachian problems.
In addition, the Commission has received a section 701 grant to support
a long-range study and planning effort directed at the central Appalachian
area of Kentucky, Tennessee, Virginia, and West Virginia. This program
will be administered by the Commission staff in conjunction with the
representatives of the States involved.
[p. 17]
1.31 (2) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. No. 54«, 90th Cong., 1st Sess. (1967)
APPALACHIAN REGIONAL DEVELOPMENT ACT AMEND-
MENTS OF 1967, AND AMENDMENTS TO THE PUBLIC
WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965
AUGUST 8, 1967.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works, submitted the
following
REPORT
[To accompany S. 602]
The Committee on Public Works, to whom was referred the bill (S. 602)
to revise and extend the Appalachian Regional Development Act of
1965, and to amend title V of the Public Works and Economic Develop-
ment Act of 1965, having considered the same, report favorably thereon
with amendments-and recommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert a complete new text
which is printed in the reported bill in italic type.
Amend the title so as to read:
An Act to revise and extend the Appalachian Regional Develop-
-------
356 LEGAL COMPILATION—SOLID WASTE
ment Act of 1965, and to amend the Public Works and Economic
Development Act of 1965.
[p. 1]
AMENDMENTS TO HOUSING ACT OF 1964
Section 213 of the Appalachian Regional Development Act of 1965
amended section 701 of the Housing Act of 1964 to authorize grants,
at 75 percent of the costs, to the Commission for comprehensive planning
for the region, and to the States for planning Appalachian programs.
S. 602 would further amend the Housing Act of 1964 to make local de-
velopment districts, certified to the Commission by the Governors of the
States in which they are located, eligible for 75 percent grants for com-
prehensive planning in their areas and for planning Appalachian region
programs.
The proposed amendment is designed to make it possible to con-
centrate many of the planning functions, now discharged by a number
of units and levels of government, in multicounty local development
districts as they are organized.
[p- 20]
Section 115—Amendments to National Housing Act of 1954
This section amends section 701 of the Housing Act of 1954 to make
local development districts, certified to the Commission by the Governors
of the States in which they are located, eligible for 75-percent grants for
comprehensive planning in their areas, and for planning Appalachian
region programs.
[p. 36]
SECTION 701 (a) AND (b) OF THE HOUSING ACT OF 1954
URBAN PLANNING
SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from the increasing concentration of popula-
tion in metropolitan and other urban areas, including smaller com-
munities; to facilitate comprehensive planning for urban development,
including coordinated transportation systems, on a continuing basis by
such governments; and to encourage such governments to establish
and improve planning staffs, the Administrator is authorized to make
planning grants to—
(1) State planning agencies, or (in States where no such planning
-------
STATUTES AND LEGISLATIVE HISTORY 357
agency exists) to agencies or instrumentalities of State government
designated by the Governor of the State and acceptable to the
Administrator as capable of carrying out the planning functions
contemplated by the section, for the provision of planning assistance
to (A) cities and and other municipalities having a population of
less than 50,000 according to the latest decennial census, and counties
without regard to population: Provided, That grants shall be made
under this paragraph for planning assistance to counties having a
population of 50,000 or more, according to the latest decennial
census, which are within metropolitan areas, only if (i) the Ad-
ministrator finds that planning and plans for such county will be
coordinated with the program of comprehensive planning, if any,
which is being carried out for the metropolitan area of which the
county is a part, and (ii) the aggregate amount of the grants made
subject to this proviso does not exceed 15 per centum of the ag-
gregate amount appropriated, after the date of enactment of the
Housing Act of 1964, for the purposes of this section, (B) any group
of adjacent communities, either incorporated or unincorporated,
having a total population of less than 50,000 according to the latest
decennial census and having common or related urban planning
problems, (C) cities, other municipalities, and counties, referred to
in paragraph (3) of this subsection and areas referred to in para-
graph (4) of this subsection, and (D) Indian reservations;
(2) official State, metropolitan, and regional planning agencies, or
other agencies and instrumentalities designated by the Governor
(or Governors in the case of interstate planning) and acceptable
to the Administrator, empowered under State or local laws or inter-
state compact to perform metropolitan or regional planning;
[p- 67]
(3) cities, other municipalities, and counties which (A) are situated
in areas designated by the Secretary of Commerce under section 5
of the Area Redevelopment Act as redevelopment areas or (B)
have suffered substantial damage as a result of a catastrophe which
the President, pursuant to section 2 (a) of "An Act to authorize Fed-
eral assistance to States and local governments in major disasters,
and for other purposes" has determined to be a major disaster;
(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
installation, or for areas where rapid urbanization is expected to
result on land developed or to be developed as a new community
approved under section 1004 of the National Housing Act;
-------
358 LEGAL COMPILATION—SOLID WASTE
(5) State planning agencies for State and interstate compre-
hensive planning (as denned in subsection (d)) and for research and
coordination activity related thereto;
(6) metropolitan and regional planning agencies, with the approval
of the State planning agency or (in States where no such planning
agency exists) of the Governor of the State, for the provision of
planning assistance within the metropolitan area or region to cities,
other municipalities, counties, groups of adjacent communities, or
Indian reservations described in clauses (A), (B), (C), and (D) of
paragraph (1) of this subsection;
(7) to official governmental planning agencies for any area where
there has occurred a substantial reduction in employment oppor-
tunities as the result of (A) the closing (in whole or in part) of a
Federal installation, or (B) a decline in the volume of Government
orders for the procurement of articles or materials produced or
manufactured in such area;
(8) tribal planning councils or other tribal bodies designated by
the Secretary of the Interior for planning for an Indian reservation
to which no State planning agency or other agency or instrumentality
is empowered to provide planning assistance under clause (D) of
paragraph (1) above; [and]
[(9) the Appalachian Regional Commission, established by the
Appalachian Regional Development Act of 1965, for comprehensive
planning for the Appalachian region as denned by section 403 of
such Act.]
(9) the Appalachian Regional Commission, for comprehensive
planning for the Appalachian region as defined by section 403 of the
Appalachian Regional Development Act of 1965; and
(10) local development districts, certified under section 301 of the
Appalachian Regional Development Act of 1965, for comprehensive
planning for their entire areas, or for metropolitan planning, urban
planning, county planning, or small municipality planning within such
areas in the Appalachian region, and for planning for Appalachian
regional programs.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire urban areas having common or related urban development
problems. The Administrator shall encourage cooperation in preparing
and carrying out plans among all interested municipalities, political
subdivisions, public agencies, and other parties in order to achieve co-
ordinated development of entire areas. To the maximum extent feasible,
pertinent plans and studies already made for
[p- 68]
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STATUTES AND LEGISLATIVE HISTORY 359
areas shall be utilized so as to avoid unnecessary repetition of effort and
expense. Planning which may be assisted under this section includes the
preparation of comprehensive urban transportation surveys, studies,
and plans to aid in solving problems of traffic congestion, facilitating the
circulation of people and goods in metropolitan and other urban areas
and reducing transportation needs. Funds available under this section
shall be in addition to and may be used jointly with funds available for
planning surveys and investigations under other federally aided programs,
and nothing contained in this section shall be construed as affecting the
authority of the Secretary of Commerce under section 307 of title 23,
United States Code.
(b) A planning grant made under this section shall not exceed two-
thirds of the estimated cost of the work for which the grant is made:
Provided, That such a grant may be in an amount not exceeding three-
fourths of such estimated cost to an official governmental planning
agency for an area described in subsection (a) (7), or for planning being
carried out for a city, other municipality, county, group of adjacent com-
munities, or Indian reservation in an area designated by the Secretary
of Commerce as a redevelopment area under section 5 of the Area Re-
development Act (or under any Act supplementary thereto), to States
and local development districts participating in planning for Appalachian
regional programs, for expenses incurred in the course of such planning,
or to the Appalachian Regional Commission. All grants made under this
section shall be subject to terms and conditions prescribed by the Ad-
ministrator. No portion of any grant made under this section shall be
used for the preparation of plans for specific public works. The Admin-
istrator is authorized, notwithstanding the provisions of section 3648 of
the Revised Statutes, as amended, to make advance or progress pay-
ments on account of any grant made under this section. There is hereby
authorized to be appropriated not exceeding $230,000,000, to carry out
the purposes of this section, and any amounts so appropriated shall
remain available until expended: Provided, That not to exceed 5 per
centum of any funds so appropriated may be used by the Administrator
for studies, research, and demonstration projects, undertaken independ-
ently or by contract, for the development and improvement of techniques
and methods for comprehensive planning and for the advancement of the
purposes of this section, and for grants to assist in the conduct of studies
and research relating to needed revisions in State statutes which create,
govern, or control local governments and local governmental operations.
[p. 69]
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360 LEGAL COMPILATION—SOLID WASTE
1.31 (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 706, 90th Cong., 1st Sess. (1967)
APPALACHIAN REGIONAL DEVELOPMENT ACT
AMENDMENTS OF 1967
SEPTEMBER 26, 1967.—Ordered to be printed
Mr. FALLON, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 602]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 602) to revise
and extend the Appalachian Regional Development Act of 1965, and to
amend title V of the Public Works and Economic Development Act of
1965, having met, after full and free conference, have agreed to recom-
mend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House to the text of the bill and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the House amendment
insert the following:
[p. 1]
SEC. 115. (a) Section 701 (a) of the Housing Act of 1954 (40 U.S.C.
461 (a)) is amended by striking out "and" at the end of clause (8) and all
of clause (9) and inserting in lieu thereof the following:
"(9) the Appalachian Regional Commission, for comprehensive
planning for the Appalachian region as defined by section 403 of the
Appalachian Regional Development Act of 1965; and
"(10) local development districts, certified under section 301 of the
Appalachian Regional Development Act of 1965, for comprehensive
planning for their entire areas, or for metropolitan planning, urban
planning, county planning, or small municipality planning within
such areas in the Appalachian region, and for planning for Appalachian
regional programs."
-------
STATUTES AND LEGISLATIVE HISTORY 361
(6) The proviso of the first sentence of section 701 (6) of the Housing Act
of 1954 is amended by inserting after "States" the words "and local develop-
ment districts".
[p. 7]
1.31 (4) CONGRESSIONAL RECORD, VOL. 113 (1967)
1.31 (4)(a) April 26: Debated, amended and passed Senate, p. 10961
[No Relevant Discussion on Pertinent Section]
1.31 (4)(b) Sept. 13, 14: Debated, amended and passed House, pp.
25286, 25577, 25620
[No Relevant Discussion on Pertinent Section]
1.3< (4)(c) Sept. 28: House agrees to conference report, p. 27177
[No Relevant Discussion on Pertinent Section]
1.31 (4)(d) Sept. 29: Senate agrees to conference report, p. 27326
[No Relevant Discussion on Pertinent Section]
1.3m HOUSING AND URBAN DEVELOPMENT ACT OF 1968
August 1, 1968, P.L. 90-448, §601, 82 Stat. 526
TITLE VI—URBAN PLANNING AND FACILITIES
COMPREHENSIVE PLANNING
SEC. 601. Section 701 of the Housing Act of 1954 is amended to read
as follows:
"COMPREHENSIVE PLANNING
"SEC. 701. (a) In order to assist State and local governments in solving
planning problems, including those resulting from the increasing con-
centration of population in metropolitan and other urban areas
[p. 526]
and the out-migration from and lack of coordinated development of
resources and services in rural areas; to facilitate comprehensive planning
for urban and rural development, including coordinated transportation
systems, on a continuing basis by such governments; and to encourage
-------
362 LEGAL COMPILATION—SOLID WASTE
such governments to establish and improve planning staffs and techniques
on an areawide basis, and to engage private consultants where their
professional services are deemed appropriate by the assisted govern-
ments, the Secretary is authorized to make planning grants to—
"(1) State planning agencies for the provision of planning assistance
to (A) cities and other municipalities having a population of less
than 50,000 according to the latest decennial census, and counties
without regard to population: Provided, That grants shall be made
under this paragraph for planning assistance to counties having a
population of 50,000 or more, according to the latest decennial
census, which are within metropolitan areas, only if (i) the Secretary
finds that planning and plans for such county will be coordinated
with the program of comprehensive planning, if any, which is being
carried out for the metropolitan area of which the county is a part,
and (ii) the aggregate amount of the grants made subject to this
proviso does not exceed 15 per centum of the aggregate amount ap-
propriated, after September 2, 1964, for the purposes of this section,
(B) any group of adjacent communities, either incorporated or un-
incorporated, having a total population of less than 50,000 according
to the latest decennial census and having common or related urban
planning problems, (C) cities, other municipalities, and counties
referred to in paragraph (3) of this subsection, and areas referred
to in paragraph (4) of this subsection, and (D) Indian reservations;
"(2) State, metropolitan, and regional planning agencies for
metropolitan or regional planning, and to cities, within metropolitan
areas, for planning which is part of comprehensive metropolitan
planning and which shall supplement and be coordinated with State,
metropolitan, and regional planning;
"(3) (A) economic development districts designated by the Sec-
retary of Commerce under title IV of the Public Works and Economic
Development Act of 1965, and
"(B) cities, other municipalities, and counties which (i) are
situated in redevelopment areas or economic development districts
designated by the Secretary of Commerce under title IV of the
Public Works and Economic Development Act of 1965, or (ii)
have suffered substantial damage as a result of catastrophe which
the President, pursuant to section 2(a) of the Act entitled' 'An Act
to authorize Federal assistance to States and local governments in
major disasters, and for other purposes', approved September 30,
1950, as amended (42 U.S.C. 1855a), has determined to be a major
disaster;
"(4) official governmental planning agencies for areas where rapid
urbanization has resulted or is expected to result from the establish-
ment or rapid and substantial expansion of a Federal installation,
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STATUTES AND LEGISLATIVE HISTORY 363
or for areas where rapid urbanization is expected to result on land
developed or to be developed as a new community approved under
section 1004 of the National Housing Act or title IV of the Housing
and Urban Development Act of 1968;
"(5) States for State and interstate comprehensive planning and
for research and coordination activity related thereto, including
technical and other assistance for the establishment and operation
of intrastate and interstate planning agencies;
[p. 527]
"(6) State planning agencies for assistance to district planning,
or planning for areas within districts, carried on by or for district
planning agencies;
"(7) metropolitan and regional planning agencies, with the ap-
proval of the State planning agency or (in States where no such
planning agency exists) of the Governor of the State, for the provision
of planning assistance within the metropolitan area or region to
cities, other municipalities, counties, groups of adjacent communities,
or Indian reservations described in clauses (A), (B), (C), and (D)
of paragraph (1) of this subsection;
"(8) official governmental planning agencies for any area where
there has occurred a substantial reduction in employment oppor-
tunities as the result of (A) the closing (in whole or in part) of a
Federal installation, or (B) a decline in the volume of Government
orders for the procurement of articles or materials produced or
manufactured in such area;
"(9) tribal planning councils or other tribal bodies designated by
the Secretary of the Interior for planning for an Indian reservation;
"(10) the various regional commissions established by the Ap-
palachian Regional Development Act of 1965 or under the Public
Works and Economic Development Act of 1965 for comprehensive
planning for the regions established under such Acts (or State
agencies or instrumentalities participating in such planning); and
"(11) local development districts, certified under section 301 of
the Appalachian Regional Development Act of 1965, for compre-
hensive planning for their entire areas, or for metropolitan planning,
urban planning, county planning, or small municipality planning
within such areas in the Appalachian region, and for planning for
Appalachian regional programs.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire areas having common or related development problems.
The Secretary shall encourage cooperation in preparing and carrying
out plans among all interested municipalities, political subdivisions,
public agencies, and other parties in order to achieve coordinated develop-
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364 LEGAL COMPILATION—SOLID WASTE
ment of entire areas. To the maximum extent feasible, pertinent plans
and studies already made for areas shall be utilized so as to avoid un-
necessary repetition of effort and expense. Planning which may be
assisted under this section includes the preparation of comprehensive
transportation surveys, studies, and plans to aid in solving problems of
traffic congestion, facilitating the circulation of people and goods in
metropolitan and other areas and reducing transportation needs. Planning
carried out with assistance under this section shall also include a housing
element as part of the preparation of comprehensive land use plans, and
this consideration of the housing needs and land use requirements for
housing in each comprehensive plan shall take into account all available
evidence of the assumptions and statistical bases upon which the projec-
tion of zoning, community facilities, and population growth is based,
so that the housing needs of both the region and the local communities
studied in the planning will be adequately covered in terms of existing
and prospective in-migrant population growth. Funds available under
this section shall be in addition to and may be used jointly with funds
available for planning surveys and investigations under other federally
aided programs, and nothing contained in this section shall be construed
as affecting the authority of the Secretary of Transportation under
section 307 of title 23, United States Code.
[p. 528]
"(b) A planning grant made under subsection (a) shall not exceed two-
thirds of the estimated cost of the work for which the grant is made:
Provided, That such a grant may be made for up to 75 per centum of
such estimated cost when made for planning primarily for (1) redevelop-
ment areas, local development districts, or economic development dis-
tricts, or portions thereof, described in paragraph (3) (A) and (B)(i)
and paragraph (11) of subsection (a), (2) areas described in subsection
(a)(8), and (3) the various regions, as described in subsection (a)(10).
All grants made under this section shall be subject to terms and conditions
prescribed by the Secretary. No portion of any grant made under this
section shall be used for the preparation of plans for specific public works.
The Secretary is authorized, notwithstanding the provisions of section
3648 of the Revised Statutes, as amended, to make advance or progress
payments on account of any grant made under this section. There are
authorized to be appropriated for the purposes of this section not to exceed
$265,000,000 prior to July 1, 1969, and not to exceed $390,000,000 prior to
July 1, 1970. Of the amount available prior to July 1, 1969, $20,000,000
may be used only for district planning grants under subsection (a) (6),
which amount shall be increased by $10,000,000 on July 1, 1969. Any
amounts appropriated under this section shall remain available until
expended: Provided. That, of any funds appropriated under this section,
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STATUTES AND LEGISLATIVE HISTORY 365
not to exceed an aggregate of $10,000,000 plus 4 per centum of the funds
so appropriated may be used by the Secretary for studies, research, and
demonstration projects, undertaken independently or by contract, for
the development and improvement of techniques and methods for
comprehensive planning and for the advancement of the purposes of
this section, and for grants to assist in the conduct of studies and research
relating to needed revisions in State statutes which create, govern, or
control local governments and local governmental operations.
"(c) The Secretary is authorized, in areas embracing several munici-
palities or other political subdivisions, to encourage planning on a unified
regional, district, or metropolitan basis and to provide technical assistance
for such planning and the solution of problems relating thereto.
"(d) It is the further intent of this section to encourage comprehensive
planning, including transportation planning, for States, cities, counties,
metropolitan areas, districts, regions, and Indian reservations and the
establishment and development of the organizational units needed
therefor. In extending financial assistance under this section, the Secretary
may require such assurances as he deems adequate that the appropriate
State and local agencies are making reasonable progress in the develop-
ment of the elements of comprehensive planning. The Secretary is
authorized to provide technical assistance to State and local governments
and their agencies and instrumentalities, and to Indian tribal bodies,
undertaking such planning and, by contract or otherwise, to make studies
and publish information on related problems.
"(e) In the exercise of his responsibilities under this section, the Sec-
retary shall consult with those officials of the Federal Government
responsible for the administration of programs of Federal assistance to the
States and municipalities for various categories of public facilities and
other comprehensively planned activities. He shall, particularly, consult
with the Secretary of Agriculture prior to his approval of any district
planning grants under subsections (a) (6) and (g), and with the Secretary
of Commerce prior to his approval of any planning grants which include
any part of an economic development district as defined and designated
under the Public Works and Eco-
[p. 529]
nomic Development Act of 1965. The Secretary of Agriculture and the
Secretary of Commerce, as appropriate, may provide technical assistance,
with or without reimbursement, in connection with the establishment of
districts by the Secretary of Housing and Urban Development and the
carrying out of planning by such districts.
"(f) The consent of the Congress is hereby given to any two or more
States to enter into agreements or compacts, not in conflict with any law
of the United States, for cooperative effort and mutual assistance in the
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366 LEGAL COMPILATION—SOLID WASTE
comprehensive planning for the growth and development of interstate,
metropolitan, or other urban areas, and to establish such agencies, joint
or otherwise, as they may deem desirable for making effective such
agreements and compacts.
"(g) In addition to the planning grants authorized by subsection (a),
the Secretary is further authorized to make grants to organizations com-
posed of public officials representative of the political jurisdictions within
the metropolitan area, region, or district for the purpose of assisting
such organizations to undertake studies, collect data, develop metro-
politan, regional, and district plans and programs, and engage in such
other activities, including implementation of such plans, as the Secretary
finds necessary or desirable for the solution of the metropolitan, regional,
or district problems in such areas, regions, or districts. To the maximum
extent feasible, all grants under this subsection shall be for activities
relating to all the developmental aspects of the total metropolitan area,
region, or district including, but not limited to, land use, transportation,
housing, economic development, natural resources development, com-
munity facilities, and the general improvement of living environments.
A grant under this subsection shall not exceed two-thirds of the estimated
cost of the work for which the grant is made.
"(h) In addition to the other grants authorized by this section, the
Secretary is authorized to make grants to assist any city, other munici-
pality, or county in making a survey of the structures and sites in such
locality which are determined by its appropriate authorities to be of
historic or architectural value. Any such survey shall be designed to
identify the historic structures and sites in the locality, determine the
cost of their rehabilitation or restoration, and provide such other informa-
tion as may be necessary or appropriate to serve as a foundation for a
balanced and effective program of historic preservation in such locality.
The aspects of any such survey which relate to the identification of
historic and architectural values shall be conducted in accordance with
criteria found by the Secretary to be comparable to those used in estab-
lishing the national register maintained by the Secretary of the Interior
under other provisions of law; and the results of each such survey shall
be made available to the Secretary of the Interior. A grant under this
subsection shall not exceed two-thirds of the cost of the survey for which
it is made, and shall be made to the appropriate agency or entity specified
in paragraphs (1) through (11) of subsection (a) or, if there is no such
agency or entity which is qualified and willing to receive the grant and
provide for its utilization in accordance with this subsection, directly to
the city, other municipality, or county involved.
"(i) As used in this section—
"(1) The term 'metropolitan area' means a standard metropolitan
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STATUTES AND LEGISLATIVE HISTORY 367
statistical area, as established by the Bureau of the Budget, subject,
however, to such modifications or extensions as the Secretary deems to be
appropriate for the purposes of this section.
"(2) The term 'region' includes (A) all or part of the area of jurisdiction
of one or more units of general local government, and (B) one or more
metropolitan areas.
[p. 530]
"(3) The term 'district' includes all or part of the area of jurisdiction
of (A) one or more counties, and (B) one or more other units of general
local government, but does not include any portion of a metropolitan
area.
"(4) The term 'comprehensive planning' includes the following:
"(A) preparation, as a guide for governmental policies and action,
of general plans with respect to (i) the pattern and intensity of
land use, (ii) the provision of public facilities (including transporta-
tion facilities) and other government services, and (iii) the effective
development and utilization of human and natural resources;
"(B) long-range physical and fiscal plans for such action;
"(C) programing of capital improvements and other major
expenditures, based on a determination of relative urgency, together
with definite financing plans for such expenditures in the earlier
years of the program;
"(D) coordination of all related plans and activities of the State
and local governments and agencies concerned; and
"(E) preparation of regulatory and administrative measures in
support of the foregoing.
Comprehensive planning for the purpose of districts shall not include
planning for or assistance to establishments in relocating from one area
to another or assist subcontractors whose purpose is to divest, or whose
economic success is dependent upon divesting, other contractors or sub-
contractors of contracts theretofore customarily performed by them:
Provided, That this limitation shall not be construed to prohibit assistance
for the expansion of an existing business entity through the establishment
of a new branch, affiliate, or subsidiary of such entity, if the Secretary
finds that the establishment of such branch, affiliate, or subsidiary will
not result in an increase in unemployment in the area of original location
or in any other area where such entity conducts business operations,
unless the Secretary has reason to believe that such branch, affiliate, or
subsidiary is being established with the intention of closing down the
operations of the existing business entity in the area of its original loca-
tion or in any other area where it conducts such operations.
"(5) The term 'State planning agencies' includes official State planning
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368 LEGAL COMPILATION—SOLID WASTE
agencies and (in States where no such planning agency exists) agencies
or instrumentalities of State government designated by the Governor of
the State and acceptable to the Secretary.
"(6) The terms 'metropolitan planning agencies', 'regional planning
agencies', and 'district planning agencies' mean official metropolitan,
regional, and district planning agencies, or other agencies and instru-
mentalities designated by the Governor (or Governors in the case of
interstate planning), and acceptable to the Secretary, empowered under
State or local law or interstate compact to perform metropolitan, regional,
or district planning, respectively: Provided, That such agencies and
instrumentalities shall, to the greatest practicable extent, be composed
of or responsible to the elected officials of the unit or units of general local
government for whose jurisdictions they are empowered to engage in
planning."
[p. 531]
1.3m (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 1123, 90th Cong., 2d Sess. (1968)
HOUSING AND URBAN DEVELOPMENT ACT OF 1968
MAY 15 (legislative day, MAY 14), 1968.—Ordered to be printed
Mr. SPAKKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
together with
INDIVIDUAL AND ADDITIONAL VIEWS
[To accompany S. 3497]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 3497) to assist in the provision
of housing for low and moderate income families, and to extend and
amend laws relating to housing and urban development, and recommend
that the bill do pass.
[p. 1]
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STATUTES AND LEGISLATIVE HISTORY 369
Title VII—Urban Mass Transportation
GBANT AUTHORIZATIONS
Section 701 of the bill would increase the authority for appropriations
by $190 million for fiscal year 1970 for the urban mass transportation
program. The amount of funds which may be used for research, develop-
ment and demonstrations under section 6 of the Urban Mass Transporta-
tion Act of 1964 would be increased by |6 million on July 1, 1968.
The present fund authorization expires June 30, 1969. It is anticipated
that practically the entire authorization will have been appropriated
by that time. The need for continued support for mass transportation
systems is clear. A recent survey of urban mass transportation capital
program plans in 11 major metropolitan areas with about 43 percent of
the population of all SMSA's revealed an aggregate 10-year projection
of approximately $10.9 billion in capital financing needs. In nearly every
metropolitan area surveyed, transit planning officials pointed to the
need for increased Federal aid.
The first capital grants under the program were made in February
1965. Since that time, the rate of new applications has risen from ap-
proximately $100 million in 1966 and $200 million in 1967 to nearly
$300 million. New large-scale transit development and improvement
programs are being announced more frequently than in the past, and
requests for Federal assistance may reach $600 million in fiscal year
1970. Funding through fiscal year 1970 is therefore essential.
Section 6 of the Act provides for a program of research, development,
and demonstration projects in all phases of urban mass transportation
which will assist in the reduction of urban transportation needs, the
improvement of mass transportation service, or the contribution of
such service toward meeting total urban transportation needs at minimum
cost. A $25 million program for research, development, test and evaluation
of new systems of urban transportation is
[p. 75]
proposed, based on the preliminary findings of the new system study
program authorized by the Congress in 1966, and will lay the groundwork
for implementation of the program to be recommended in the report on
that study.
To allow for the $25 million research, development, and demonstra-
tion program level in 1969, the present sublimitation of $50 million for
the section 6 programs would be increased to $56 million on July 1, 1968.
This increase would provide $23.5 million in unused authorization under
section 6. The balance of this program will be funded under the $3 million
authorized annually by section 11 of the act for grants to public and
private nonprofit institutions of higher learning for theoretical and prac-
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370 LEGAL COMPILATION—SOLID WASTE
tical research, and for training persons for research and employment, in
urban transportation.
On or after July 1, 1969, the Secretary would be authorized to use for
research, development, and demonstration activities such sums as he
deems appropriate out of the grant funds available under the general
grant authorization contained in section 4(b) of the 1964 act.
[p. 76]
TITLE VII—URBAN MASS TRANSPORTATION
GRANT AUTHORIZATIONS
Section 701.—Amends section 4(b) of the Urban Mass Transportation
Act of 1964 to authorize an appropriation of $190 million for fiscal year
1970. In addition, it would increase the amount of funds which may be
used from the current authorization for research development and dem-
onstration programs by $6 million for fiscal year 1969 and would
authorize the Secretary after fiscal year 1969 to use for research and
demonstration activities such funds as he deems appropriate from those
authorized in section 4(b) of the 1964 act.
[p. 146]
1.3m (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 1585, 90th Cong., 2d Sess. (1968)
HOUSING AND URBAN DEVELOPMENT ACT OF 1968
JUNE 25, 1968.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany H.R. 17989]
The Committee on Banking and Currency, to whom was referred
the bill (H.R. 17989) to assist in the provision of housing for low and
moderate income families, and to extend and amend laws relating to
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STATUTES AND LEGISLATIVE HISTORY 371
housing and urban development, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
[p. 1]
Title V—Urban Planning and Facilities
COMPREHENSIVE PLANNING
Section 501 of the bill would rewrite section 701 of the Housing Act
of 1954, which authorizes assistance to States, localities, and other
areas for comprehensive development planning. In addition to technical
and perfecting amendments, the changes include:
Special Planning Assistance for District Planning Outside
Metropolitan Areas
A new category of assistance would be authorized for "district" plan-
ning in rural and other areas outside of metropolitan areas. The 701
program up to the present time has been oriented toward the planning
and development problems of urban areas. Although much of the as-
sisted planning has covered small town and semirural areas, and, for
example, problems related to agricultural land uses have been con-
sidered where appropriate, grant assistance has not been available to
assist planning for the coordinated development of resources and
services in areas consisting of small towns and agricultural and other
nonurban uses.
The new district planning would help preserve and better utilize the
great human and economic investment in these areas. All too often,
these areas have stagnated when a little foresight and planning would
permit establishment of viable and expanding communities. To reflect
this change, the section 701 statement of purpose would be broadened
to include reference to the planning problems resulting from outmigra-
tion from, and lack of coordinated development of, resources and services
in rural areas. In addition, the present regional planning authority in
section 701 would be revised to authorize separate planning programs
for "regions," defined as including at least one metropolitan area, plus
all or part of at least one other general-purpose unit of government;
and for "districts," denned as including all or part of at least one county
and of at least one other general-purpose unit of government, but not
including any part of a metropolitan area.
Up to two-thirds grants (or three-fourths grants in specified areas
having special economic handicaps) would continue to be authorized
both directly to regional planning bodies and to State planning bodies
for assistance to regional planning.
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372 LEGAL COMPILATION—SOLID WASTE
With respect to planning for the newly defined districts, up to two-
thirds (or three-fourths for areas with economic handicaps) grants
would be authorized to be made, through State planning agencies, for
assistance to district planning agencies. The district agency would
have to be authorized, by or under State or local statutes or interstate
compact, to carry on comprehensive planning for the district.
The assisted planning could be for the entire district or for towns or
other appropriate areas within the district. Such planning could be
carried out by the district planning agency itself or by the State plan-
ning agency acting for the district agency. Grants to States would be
specifically authorized for the purpose of providing technical and other
assistance for both interstate and intrastate planning agencies (includ-
ing district and regional agencies).
The Secretary of Agriculture would have special statutory respon-
sibilities with reference to the new district planning program. He
[p. 54]
would be authorized to provide technical assistance, with or without
reimbursement, in connection with the establishment of the districts
and the carrying out of such planning. The Secretary of Housing and
Urban Development would, in turn, be required to consult with the
Secretary of Agriculture before approval of any district planning grants
made either through the State planning agency or directly to a district
council of governments (authorized by an amendment to subsec. (g)).
Conforming amendments would remove references to comprehensive
planning as being for urban areas and needs.
Demonstration Projects for Planning Metropolitan or Regional
Systems of Public Facilities and Services
Section 701 (b) would be amended to make available, from section
701 appropriations, an additional $10 million for studies, research, and
demonstration projects. This subsection now authorizes the Secretary
to expend up to 5 percent of the section 701 appropriations for projects
for the development and improvement of comprehensive planning
techniques and methods and the advancement of the purposes of the
section.
It is intended that this $10 million be used for demonstration projects
in planning entire systems of public facilities and services. While the
portion of the metropolitan area or the region which must be served by
the entire system planned may vary with the type of public facility or
service involved (i.e., water, sewer, solid waste disposal, library, etc.),
the particular system being planned should serve all or so substantial
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STATUTES AND LEGISLATIVE HISTORY 373
a portion of the metropolitan area or the region as is necessary to obtain
the intended cost and quality benefits of broad systematic planning.
The use of such large-scale facilities and services (and the resulting
increased availability of special equipment and techniques) makes
possible very important savings both in their installation and operation.
It has, therefore, been one of the objectives of comprehensive planning,
as assisted under section 701, to encourage metropolitan and other areas
to provide needed facilities and services in this fashion, either through
an agency having areawide responsibilities or through effective areawide
cooperative arrangements. Generally, however, the 701 program has
not assisted in the detailed studies and investigations (including, for
example, systems analysis, cost-benefit evaluations, and other preliminary
planning and engineering studies) needed fully to define the feasibility,
scope, character, cost, and advantages of such systems. The proposed
demonstration projects would provide valuable experience and further
development in these new planning techniques and methods.
The assistance would be provided to agencies now eligible to receive
planning grants under section 701 and would be limited to the same
two-thirds (or three-quarters) grant ratio usually available under the
section 701 program.
[p. 55]
Cities in Metropolitan Areas
Grants would be authorized to cities in metropolitan areas, without
population limit, to assist them in carrying out planning which is part
of comprehensive metropolitan planning being undertaken for the
metropolitan area. This authority will enable cities with populations in
excess of 50,000, which are not now generally eligible for planning grants
under section 701, to receive this assistance to carry out the essential
job of planning the most effective use of their available, but often limited,
resources. Although planning assisted with this authority must be re-
lated to and coordinated with planning being carried out for the metro-
politan area, it need not be limited solely to planning of a metropolitan
orientation. It may cover the full range of comprehensive planning that
the city needs to carry out to properly plan its future and coordinate its
development. The assisted planning by the city shall supplement and
be coordinated with any State or regional planning being undertaken
for the area.
New Authorizations
Subsection (b) of section 701 would be amended to provide for in-
creased authorizations for carrying out the program. The present
authorization of $230 million is to be increased to $265 million through
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374 LEGAL COMPILATION—SOLID WASTE
fiscal year 1969, including $20 million which may be used only for district
planning grants. For fiscal year 1970 this authorization would be in-
creased by an additional $125 million. Ten million dollars of the amount
available in fiscal year 1970 may be used only for district planning.
With this program, Congress has recognized the value of compre-
hensive planning as a basic prerequisite for the provision of a suitable
living environment for every American family, that this planning is
a responsibility of State and local governments, and that these govern-
ments require financial assistance to establish and support adequate
planning organizations. Many of the resulting benefits—in terms of the
savings and efficiencies from planned development—accrue to the Federal
Government which annually invests millions of dollars, through its
assistance programs, in urban facilities and activities.
The growth and interest in the urban planning assistance program
reflects the expansion and intensity of usage of comprehensive planning
at the State, metropolitan, and small-city level. From its inception
in 1954, the 701 program has had a major role in establishing compre-
hensive planning as an accepted process for guiding and coordinating
urban development. The number of different small communities re-
ceiving grants under the program has risen from 242 at the end of 1956
to 6,200 as of June 30, 1967. Metropolitan areas and urban regions
receiving grants over the same period of time have increased from 23
to 247. Assistance for statewide planning was authorized by an amend-
ment in 1959; by June 30, 1967, some 44 States had received grants for
this purpose. Since authority was provided in 1965, grants to 27 councils
of government have been made.
Because of this rapid growth in the 701 program, the committee
believes it would be desirable for the Secretary of HUD to submit
[p. 57]
annually, to the Banking and Currency Committees of the House of
Representatives and the Senate, a report on the use of the grant funds
under the program during the preceding year.
[p. 58]
TITLE V URBAN PLANNING AND FACILITIES
Section 501. Comprehensive planning
This section extensively revises section 701 of the Housing Act of
1954—the urban planning assistance program. In addition to the nu-
merous changes in form and arrangement which do not have substan-
tive effect, the amended section 701 includes new provisions permitting
grants for assistance to districts in rural and other nonmetropolitan
areas, grants directly to Indian tribal planning councils, and grants to
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STATUTES AND LEGISLATIVE HISTORY 375
regional and district councils of government; includes in the stated
purposes of the planning to be assisted the encouragement of the use
of private consultants, and requires that such planning include a housing
element as part of the preparation of comprehensive land use plans;
authorizes grants to cities within metropolitan areas as part of compre-
hensive metropolitan planning; increases the 1969 authorization for
planning assistance by $35 million ($20 million for district planning)
and authorizes an additional $125 million ($10 million for district plan-
ning) commencing with the fiscal year 1970; permits up to $10 million,
in addition to the present 5 percent, to be used for research activities;
and provides that district planning may not be aimed at assisting busi-
nesses to relocate from one area to another.
[p- 125]
[URBAN PLANNING
[SEC. 701. (a) In order to assist State and local governments in solving
planning problems resulting from the increasing concentration of popula-
tion in metropolitan and other urban areas, including smaller com-
munities; to facilitate comprehensive planning for urban development,
including coordinated transportation systems, on a continuing basis by
such governments; and to encourage such governments to establish and
improve planning staffs, the Secretary is authorized to make planning
grants to—
[(1) State planning agencies, or (in States where no such plan-
ning agency exists) to agencies or instrumentalities of State gov-
ernment designated by the Governor of the State and acceptable
to the Secretary as capable of carrying out the planning functions
contemplated by the section, for the provision of planning assistance
to (A) cities and other municipalities having a population of less
than 50,000 according to the latest decennial census, and counties
without regard to population: Provided, That grants shall be made
under this paragraph for planning assistance to counties having a
population of 50,000 or more, according to the latest decennial census,
which are within metropolitan areas, only if (i) the Secretary finds
that planning and plans for such county will be coordinated with
the program of comprehensive planning, if any, which is being
carried out for the metropolitan area of which the county is a part,
and (ii) the aggregate amount of the grants made subject to this
proviso does not exceed 15 per centum of the aggregate amount
appropriated, after the date of enactment of the Housing Act of
1964, for the purposes of this section, (B) any group of adjacent
communities, either incorporated or unincorporated, having a total
population of less than 50,000 according to the latest decennial
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376 LEGAL COMPILATION—SOLID WASTE
census and having common or related urban planning problems, (C)
cities, other municipalities, and counties, referred to in paragraph
(3) of this subsection and areas referred to in paragraph (4) of
this subsection, and (D) Indian reservations;
[(2) official State, metropolitan, and regional planning agencies,
or other agencies and instrumentalities designated by the Governor
(or Governors in the case of interstate planning) and acceptable
to the Secretary, empowered under State or local laws or inter-
state compact to perform metropolitan or regional planning;
[(3) cities, other municipalities, and counties which (A) are
situated in areas designated by the Secretary of Commerce under
section 5 of the Area Redevelopment Act as redevelopment areas
or (B) have suffered substantial damage as a result of a catastrophe
which the President, pursuant to section 2 (a) of "An Act to au-
thorize Federal assistance to States and local governments in major
disasters, and for other purposes" has determined to be a major
disaster;
[(4) to official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the
establishment or rapid and substantial expansion of a Federal
[p. 273]
installation, or for areas where rapid urbanization is expected to
result on land developed or to be developed as a new community
approved under section 1004 of the National Housing Act;
[(5) State planning agencies for State and interstate compre-
hensive planning (as defined in subsection (d)) and for research
and coordination activity related thereto;
[(6) metropolitan and regional planning agencies, with the ap-
proval of the State planning agency or (in States where no such
planning agency exists) of the Governor of the State, for the pro-
vision of planning assistance within the metropolitan area or re-
gion to cities, other municipalities, counties, groups of adjacent
communities, or Indian reservations described in clauses (A), (B),
(C), and (D) of paragraph (1) of this subsection;
[(7) to official governmental planning agencies for any area where
there has occurred a substantial reduction in employment oppor-
tunities as the result of (A) the closing (in whole or in part) of a
Federal installation, or (B) a decline in the volume of Government
orders for the procurement of articles or materials produced or
manufactured in such area;
[(8) tribal planning councils or other tribal bodies designated by
the Secretary of the Interior for planning for an Indian reserva-
tion to which no State planning agency or other agency or instru-
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STATUTES AND LEGISLATIVE HISTORY 377
mentality is empowered to provide planning assistance under
clause (D) of paragraph (1) above;
[(9) the Appalachian Regional Commission, for comprehensive
planning for the Appalachian region as denned by section 403 of
the Appalachian Regional Development Act of 1965; and
[(10) local development districts, certified under section 301 of
the Appalachian Regional Development Act of 1965 for compre-
hensive planning for their entire areas, or for metropolitan plan-
ning, urban planning, county planning, or small municipality plan-
ning within such areas, in the Appalachian region, and for planning
for Appalachian regional programs.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire urban areas having common or related urban development
problems. The Secretary shall encourage cooperation in preparing and
carrying out plans among all interested municipalities, political sub-
divisions, public agencies, and other parties in order to achieve co-
ordinated development of entire areas. To the maximum extent feasible,
pertinent plans and studies already made for areas shall be utilized so
as to avoid unnecessary repetition of effort and expense. Planning which
may be assisted under this section includes the preparation of compre-
hensive urban transportation surveys, studies, and plans to aid in solv-
ing problems of traffic congestion, facilitating the circulation of people
and goods in metropolitan and other urban areas, and reducing trans-
portation needs. Funds available under this section shall be in addition
to and may be used jointly with funds available for planning surveys
and investigations under other Federally-aided programs, and nothing
contained in this section shall be construed as affecting the authority
of the Secretary of Commerce under section 307 of title 23, United
States Code.
[(b) A planning grant made under this section shall not exceed two-
thirds of the estimated cost of the work for which the grant is made:
Provided, That such a grant may be in an amount not exceeding
[p. 274]
three-fourths of such estimated cost to an official governmental plan-
ning agency for an area described in subsection (a) (7), or for planning
being carried out for a city, other municipality, county, group of ad-
jacent communities, or Indian reservation in an area designated by the
Secretary of Commerce as a redevelopment area under section 5 of
the Area Redevelopment Act (or under any Act supplementary thereto),
to States and local development districts participating in planning for
Appalachian regional programs, for expenses incurred in the course of
such planning, or to the Appalachian Regional Commission. All grants
made under this section shall be subject to terms and conditions pre-
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378 LEGAL COMPILATION—SOLID WASTE
scribed by the Secretary. No portion of any grant made under this
section shall be used for the preparation of plans for specific public
works. The Secretary is authorized, notwithstanding the provisions
of section 3648 of the Revised Statutes, as amended, to make advance
or progress payment on account of any grant made under this section.
There is hereby authorized to be appropriated not exceeding $230,000,000,
to carry out the purposes of this section, and any amounts so appro-
priated shall remain available until expended: Provided, That not to
exceed 5 per centum of any funds so appropriated may be used by the
Secretary for studies, research, and demonstration projects, undertaken
independently or by contract, for the development and improvement
of techniques and methods for comprehensive planning and for the
advancement of the purposes of this section, and for grants to assist in
the conduct of studies and research relating to needed revisions in State
statutes which create, govern, or control local governments and local
governmental operations.
[(c) The Secretary is authorized, in areas embracing several mu-
nicipalities or other political subdivisions, to encourage planning on
a unified metropolitan basis and to provide technical assistance for
such planning and the solution of problems relating thereto.
[(d) It is the further intent of this section to encourage comprehen-
sive planning, including transportation planning, for States, cities,
counties, metropolitan areas, urban regions, and Indian reservations
and the establishment and development of the organizational units
needed therefor. The Secretary is authorized to provide technical
assistance to State and local governments and their agencies and in-
strumentalities, and to Indian tribal bodies, undertaking such plan-
ning and, by contract or otherwise, to make studies and publish in-
formation on related problems. In extending financial assistance under
this section, the Secretary may require such assurances as he deems
adequate that the appropriate State and local agencies are making
reasonable progress in the development of the elements of compre-
hensive planning. Comprehensive planning, as used in this section,
includes the following, to the extent directly related to urban needs:
(1) preparation, as a guide for long-range development, of general
physical plans with respect to the pattern and intensity of land use
and the provision of public facilities, including transportation facil-
ities, together with long-range fiscal plans for such development; (2)
programming of capital improvements based on a determination of
relative urgency, together with definitive financing plans for the im-
provements to be constructed in the earlier years of the program; (3)
coordination of all related plans of the departments or subdivisions
of the government concerned; (4) intergovernmental coordination of
[p. 275]
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STATUTES AND LEGISLATIVE HISTORY 379
all related planned activities among the State and local governmental
agencies concerned; and (5) preparation of regulatory and administrative
measures in support of the foregoing.
[(e) In the exercise of his function of encouraging comprehensive
planning by the States, the Secretary shall consult with those officials
of the Federal Government responsible for the administration of pro-
grams of Federal assistance to the States and municipalities for various
categories of public facilities.
[(f) The consent of the Congress is hereby given to any two or more
States to enter into agreements or compacts, not in conflict with any
law of the United States, for cooperative efforts and mutual assistance
in the comprehensive planning for the physical growth and develop-
ment of interstate, metropolitan, or other urban areas, and to establish
such agencies, joint or otherwise, as they may deem desirable for making
effective such agreements and compacts.
[(g) In addition to the planning grants authorized by subsection (a),
the Secretary is further authorized to make grants to organizations
composed of public officials whom he finds to be representative of the
political jurisdictions within a metropolitan area or urban region for
the purpose of assisting such organizations to undertake studies, collect
data, develop regional plans and programs, and engage in such other
activities as the Secretary finds necessary or desirable for the solution
of the metropolitan or regional problems in such areas or regions. To
the maximum extent feasible, all grants under this subsection shall be
for activities relating to all the developmental aspects of the total metro-
politan area or urban region, including, but not limited to, land use,
transportation, housing, economic development, natural resources de-
velopment, community facilities, and the general improvement of living
environments. A grant under this subsection shall not exceed two-thirds
of the estimated cost of the work for which the grant is made.
[(h) In addition to the other grants authorized by this section, the
Secretary is authorized to make grants to assist any city, other mu-
nicipality, or county in making a survey of the structures and sites
in such locality which are determined by its appropriate authorities
to be of historic or architectural value. Any such survey shall be de-
signed to identify the historic structures and sites in the locality, de-
termine the cost of their rehabilitation or restoration, and provide such
other information as may be necessary or appropriate to serve as a
foundation for a balanced and effective program of historic preservation
in such locality. The aspects of any such survey which relate to the
identification of historic and architectural values shall be conducted in
accordance with criteria found by the Secretary to be comparable to
those used in establishing the National Register maintained by the
Secretary of the Interior under other provisions of law; and the re-
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380 LEGAL COMPILATION—SOLID WASTE
suits of each such survey shall be made available to the Secretary of
the Interior. A grant under this subsection shall not exceed two-thirds
of the cost of the survey for which it is made, and shall be made to the
appropriate agency or entity specified in paragraphs (1) through (9)
of subsection (a) or, if there is no such agency or entity which is qualified
and willing to receive the grant and provide for its utilization in ac-
cordance with this subsection, directly to the city, other municipality,
or county involved.]
[p. 276]
COMPREHENSIVE PLANNING
SEC. 701. (a) In order to assist State and local governments in solving
planning problems, including those resulting from the increasing concen-
tration of population in metropolitan and other urban areas and the out-
migration from and lack of coordinated development of resources and services
in rural areas; to facilitate comprehensive planning for urban and rural
development, including coordinated transportation systems, on a continuing
basis by such governments; and to encourage such governments to .establish
and improve planning staffs and techniques on an areawide basis, and to
engage private consultants where their professional services are deemed
appropriate by the assisted governments, the Secretary is authorized to
make planning grants to—
(1) State planning agencies for the provision of planning assistance
to (A) cities and other municipalities having a population of less than
50,000 according to the latest decennial census, and counties without
regard to population: Provided, That grants shall be made under this
paragraph for planning assistance to counties having a population of
50,000 or more, according to the latest decennial census, which are
within metropolitan areas, only if (i) the Secretary finds that planning
and plans for such county will be coordinated with the program of
comprehensive planning, if any, which is being carried out for the
metropolitan area of which the county is a part, and (if) the aggregate
amount of the grants made subject to this proviso does not exceed 15
per centum of the aggregate amount appropriated, after September 2,
1964, for the purposes of this section, (B) any group of adjacent com-
munities, either incorporated or unincorporated, having a total popu-
lation of less than 50,000 according to the latest decennial census and
having common or related urban planning problems, (C) cities, other
municipalities, and counties referred to in paragraph (3) of this sub-
section, and areas referred to in paragraph (4) of this subsection, and
(D) Indian reservations;
(2) State, metropolitan, and regional planning agencies for metro-
politan or regional planning, and to cities within metropolitan areas
for planning which is part of comprehensive metropolitan planning
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STATUTES AND LEGISLATIVE HISTORY 381
and which shall supplement and be coordinated with State, metro-
politan, and regional planning;
(3) cities, other municipalities, and counties which (A) are situated
in redevelopment areas or economic development districts designated
by the Secretary of Commerce under title IV of the Public Works and
Economic Development Act of 1965, or (B) have suffered substantial
damage as a result of a catastrophe which the President, pursuant
to section 2(a) of the Act entitled "An Act to authorize Federal as-
sistance to States and local governments in major disasters, and for
other purposes", approved September 30, 1950, as amended (42 U.S.C.
1855a), has determined to be a major disaster;
(4) official governmental planning agencies for areas where rapid
urbanization has resulted or is expected to result from the establish-
ment or rapid and substantial expansion of a Federal installation,
or for areas where rapid urbanization is expected to result or had de-
veloped or to be developed as a new community approved under section
1004 of the National Housing Act;
[p. 277]
(5) States for State and interstate comprehensive planning and for
research and coordination activity related thereto, including technical
and other assistance for the establishment and operation of intrastate
and interstate planning agencies;
(6) State planning agencies for assistance to district planning, or
planning for areas within districts, carried on by or for district plan-
ning agencies;
(7) metropolitan and regional planning agencies, with the approval
of the State planning agency or (in States where no such planning
agency exists) of the Governor of the State, for the provision of plan-
ning assistance within the metropolitan area or region to cities, other
municipalities, counties, groups of adjacent communities, or Indian
reservations described in clauses (A), (B), (C), and (D) of paragraph
(1) of this subsection;
(8) official governmental planning agencies for any area where
there has occurred a substantial reduction in employment opportuni-
ties as the result of (A) the closing (in whole or in part) of a Federal
installation, or (B) a decline in the volume of Government orders for
the procurement of articles or materials produced or manufactured
in such area;
(9) tribal planning councils or other tribal bodies designated by
the Secretary of the Interior for planning for an Indian reservation;
(10) the Appalachian Regional Commission, established by the
Appalachian Regional Development Act of 1965, for comprehensive
planning for the Appalachian region as defined by section 403 of
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382 LEGAL COMPILATION—SOLID WASTE
such Act (or State agencies or instrumentalities participating in such
planning); and
(11) local development districts, certified under section SOI of the
Appalachian Regional Development Act of 1965, for comprehensive
planning for their entire areas, or for metropolitan planning, urban
planning, county planning, or small municipality planning within
such areas in the Appalachian region, and for planning for Appa-
lachian regional programs.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire areas having common or related development problems. The
Secretary shall encourage cooperation in preparing and carrying out plans
among all interested municipalities, political subdivisions, public agencies,
and other parties in order to achieve coordinated development of entire areas.
To the maximum extent feasible, pertinent plans and studies already made
for areas shall be utilized so as to avoid unnecessary repetition of effort
and expense. Planning which may be assisted under this section includes
the preparation of comprehensive transportation surveys, studies, and
plans to aid in solving problems of traffic congestion, facilitating the circu-
lation of people and goods in metropolitan and other areas and reducing
transportation needs. Planning carried out with assistance under this sec-
tion shall also include a housing element as part of the preparation of com-
prehensive land use plans, and this consideration of the housing needs and
land use requirements for housing in each comprehensive plan shall take
into account all available evidence of the assumptions and statistical basis
upon which the projection of zoning, community facilities, and population
growth is based, so that the housing needs of both the region and the local
communities studied in the planning will be adequately covered in terms of
existing and prospective in-migrant population growth. Funds available
under this section shall be in addition
[p. 278]
to and may be used jointly with funds available for planning surveys and
investigations under other federally aided programs, and nothing con-
tained in this section shall be construed as affecting the authority of the
Secretary of Transportation under section 307 of title 28, United States
Code.
(b) A planning grant made under subsection (a) shall not exceed two-
thirds of the estimated cost of the work for which the grant is made: Provided,
That such a grant may be made for up to 74 per centum of such estimated
cost when made for planning primarily for (1) redevelopment areas, local
development districts, or economic development districts, or portions thereof,
described in paragraphs (3)(A) and (11) of subsection (a), (2) areas de-
scribed in subsection (a) (8), and (3) the Appalachian region, as described
in subsection (a)(10). All grants made under this section shall be subject
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STATUTES AND LEGISLATIVE HISTORY 383
to terms and conditions prescribed by the Secretary. No portion of any
grant made under this section shall be used for the preparation of plans for
specific public works. The Secretary is authorized, notwithstanding the
provisions of section 3648 of the Revised Statutes, as amended, to make
advance or progress payments on account of any grant made under this
section. There are authorized to be appropriated for the purposes of this
section not to exceed $265,000,000 prior to July 1, 1969, and not to exceed
$390,000,000 prior to July 1, 1970. Of the amount available prior to July 1,
1969, $20,000,000 may be used only for district planning grants under
subsection (a) (6], which amount shall be increased by $10,000,000 on
July 1, 1969. Any amounts appropriated under this section shall remain
available until expended: Provided, That of any funds appropriated under
this section, not to exceed an aggregate of $10,000,000 plus 5 per centum
of the funds so appropriated may be used by the Secretary for studies, re-
search, and demonstration projects undertaken independently or by con-
tract, for the development and improvement of techniques and methods for
comprehensive planning and for the advancement of the purposes of this
section, and for grants to assist in the conduct of studies and research re-
lating to needed revisions in State statutes which create, govern, or control
local governments and local governmental operations.
(c) The Secretary is authorized, in areas embracing several municipalities
or other political subdivisions, to encourage planning on a unified regional,
district, or metropolitan basis and to provide technical assistance for such
planning and the solution of problems relating thereto.
(d) It is the further intent of this section to encourage comprehensive
planning, including transportation planning, for States, cities, counties,
metropolitan areas, districts, regions, and Indian reservations and the
establishment and development of the organizational units needed therefor.
In extending financial assistance under this section, the Secretary may
require such assurances as he deems adequate that the appropriate State
and local agencies are making reasonable progress in the development of
the elements of comprehensive planning. The Secretary is authorized to
provide technical assistance to State and local governments and their agen-
cies and instrumentalities, and to Indian tribal bodies, undertaking such
planning and, by contract or otherwise, to make studies and publish in-
formation on related problems.
(e) In the exercise of his responsibilities under this section, the Secre-
tary shall consult with those officials of the Federal Government responsible
for the administration of programs of Federal assistance to the States
[p. 279]
and municipalities for various categories of public facilities and other
comprehensively planned activities. He shall, particularly, consult with
the Secretary of Agriculture prior to his approval of any district planning
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384 LEGAL COMPILATION—SOLID WASTE
grants under subsections (a) (6) and (g). The Secretary of Agriculture
may provide technical assistance, with or without reimbursement, in con-
nection with the establishment of such districts and the carrying out of such
planning.
(/) The consent of the Congress is hereby given to any two or more States
to enter into agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance in the compre-
hensive planning for the growth and development of interstate, metropolitan,
or other urban areas, and to establish such agencies, joint or otherwise, as
they may deem desirable for making effective such agreements and compacts.
(gf) In addition to the planning grants authorized by subsection (a),
the Secretary is further authorized to make grants to organizations com-
posed of public officials representative of the political jurisdictions within
a metropolitan area, region, or district for the purpose of assisting such
organizations to undertake studies, collect data, develop metropolitan, re-
gional, and district plans and programs, and engage in such other activities
as the Secretary finds necessary or desirable for the solution of the metro-
politan, regional, or district problems in such areas, regions, or districts.
To the maximum extent feasible, all grants under this subsection shall be
for activities relating to all the developmental aspects of the total metro-
politan area, region, or district including, but not limited to, land use,
transportation, housing, economic development, natural resources develop-
ment, community facilities, and the general improvement of living environ-
ments. A grant under this subsection shall not exceed two-thirds of the esti-
mated cost of the work for which the grant is made.
(h) In addition to the other grants authorized by this section, the Secre-
tary is authorized to make grants to assist any city, other municipality, or
county in making a survey of the structures and sites in such locality which
are determined by its appropriate authorities to be of historic or architectural
value. Any such survey shall be designed to identify the historic structures
and sites in the locality, determine the cost of their rehabilitation or restora-
tion, and provide such other information as may be necessary to appropriate
to serve as a foundation for a balance and effective program of historic preserva-
tion in such locality. The aspects of any such survey which relate to the
identification of historic and architectural values shall be conducted in
accordance with criteria found by the Secretary to be comparable or those
used in establishing the national register maintained by the Secretary of the
Interior under other provisions of law; and the results of each such survey
shall be made available to the Secretary of the Interior. A grant under this
subsection shall not exceed two-thirds of the cost of the survey for which it
is made, and shall be made to the appropriate agency or entity specified in
paragraphs (1) through (11) of subsection (a) or, if there is no such agency
or entity which is qualified and willing to receive the grant and provide for
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STATUTES AND LEGISLATIVE HISTORY 385
its utilization in accordance with this subsection, directly to the city, other
municipality, or county involved.
(f) As used in this section—
(1) The term "metropolitan area" means a standard metropolitan
statistical area, as established by the Bureau of the Budget, subject,
[p. 280]
however, to such modifications or extensions as the Secretary deems to be
appropriate for the purposes of this section.
(2) The term "region" includes (A) all or part of the area of jurisdiction
of one or more units of general local government, and (B) one or more metro-
politan areas.
(3) The term "district" includes all or part of the area of jurisdiction
of (A) one or more counties, and (B) one or more other units of general
local government, but does not include any portion of a metropolitan area.
(4) The term "comprehensive planning" includes the following:
(A) preparation, as a guide for governmental policies and action,
of general plans with respect to (i) the pattern and intensity of land
use, (if) the provision of public facilities (including transportation
facilities) and other government services, and (Hi) the effective de-
velopment and utilization of human and natural resources;
(B) long-range physical and fiscal plans for such action;
(C) programing of capital improvements and other major expendi-
tures, based on a determination of relative urgency, together with de-
finitive financing plans for such expenditures in the earlier years of
the program;
(D) coordination of all related plans and activities of the State and
local governments and agencies concerned; and
(E) preparation of regulatory and administrative measures in sup-
port of the foregoing.
Comprehensive planning for the purpose of districts shall not include plan-
ning for or assistance to establishments in relocating from one area to another
or assist subcontractors whose purpose is to divest, or whose economic suc-
cess is dependent upon divesting, other contractors or subcontractors of
contracts theretofore customarily performed by them: Provided, That this
limitation shall not be construed to prohibit assistance for the expansion of
an existing business entity through the establishment of a new branch, af-
filiate, or subsidiary of such entity, if the Secretary finds that the establish-
ment of such branch, affiliate, or subsidiary will not result in an increase
in unemployment in the area of original location or in any other area where
such entity conducts business operations, unless the Secretary has reason
to believe that such branch, affiliate, or subsidiary is being established with
the intention of closing down the operations of the existing business entity
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386 LEGAL COMPILATION—SOLID WASTE
in the area of its original location or in any other area where it conducts
such operations.
(5) The term "State planning agencies" includes official State planning
agencies and (in States where no such planning agency exists) agencies or
instrumentalities of State government designated by the Governor of the
State and acceptable to the Secretary.
(6) The*terms "metropolitan planning agencies", "regional planning
agencies", and "district planning agencies" mean official metropolitan,
regional, and district planning agencies, or other agencies and instru-
mentalities designated by the Governor (or Governors in the case of inter-
state planning), and acceptable to the Secretary, empowered under State
or local law or interstate compact to perform metropolitan, regional, or
district planning, respectively: Provided, That such agencies and in-
strumentalities shall, to the greatest practicable extent, be composed of or
responsible to the elected officials of the unit or units of general local govern-
ment for whose jurisdictions they are empowered to engage in planning.
[p. 281]
1.3m (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 1785, 90th Cong., 2d Sess. (1968)
HOUSING AND URBAN DEVELOPMENT ACT OF 1968
JULY 23, 1968.—Ordered to be printed
Mr. PATMAN, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany S. 3497]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 3497) to assist
in the provision of housing for low and moderate income families, and
to extend and amend laws relating to housing and urban development,
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STATUTES AND LEGISLATIVE HISTORY
387
having met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
That this Act may be cited as the "Housing and Urban Development Act
of 1968".
[p-1]
AUTHORIZATION TO MAKE FEASIBILITY STUDIES IN THE PUBLIC WORKS
PLANNING ADVANCES PROGRAM
SEC. 607. Section 702(a) of the Housing Act of 1954 is amended by
inserting after "to aid in financing the cost of" the following: "feasibility
studies,".
TITLE VII—URBAN MASS TRANSPORTATION
GRANT AUTHORIZATIONS
SEC. 701. (a) Section 4(b) of the Urban Mass Transportation Act of
1964 is amended (1) by striking out the word "and" where it first appears
in the first sentence, and (2) by inserting before the period at the end of
the first sentence "; and $190,000,000 for fiscal year 1970".
(b) Section 6(c) of such Act is amended (1) by striking out $50,000,000"
and inserting in lieu thereof "$56,000,000", and (2) by inserting at the
end thereof the following: "On or after July 1, 1969, the Secretary may
make available to finance projects under this section such additional sums
out of the grant authorization provided in section 4(b) as he deems ap-
propriate."
[p. 65]
1.3m (4) CONGRESSIONAL RECORD, VOL. 114 (1968)
1.3m (4)(a) May 24, 28: Debated, amended and passed Senate, pp.
14952
TITLE VII—CUBAN MABB TRANSPORTATION
Grant authorizations
Section 701.—Amends section 4(b) of the Urban
Mass Transportation Act of 1964 to authorize an
appropriation of $190 million for fiscal year 1970.
In addition, it would increase the amount of funds
which may be used from the current authorization
for research development and demonstration pro-
grams by $6 million for fiscal year 1969 and would
authorize the Secretary after fiscal year 1969 to
use for research and demonstration activities such
funds as he deems appropriate from those au-
thorized in section 4(b) of the 1964 act.
[p. 14952]
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388 LEGAL COMPILATION—SOLID WASTE
1.3m (4)(b) July 10: Amended and passed House, p. 20578
TITLE VII SECONDARY MORTGAGE
MARKET
PURPOSES
SEC. 701. The purposes of this title include the
partition of the Federal National Mortgage
Association as heretofore existing into two separate
and distinct corporations, each of which shall have
continuity and corporate succession as a separated
portion of the previously existing corporation. One
of such corporations, to be known as Federal
National Mortgage Association, will be a Govern-
ment-sponsored private corporation, will retain the
assets and liabilities of the previously existing
corporation accounted for under section 304 of the
Federal National Mortgage Association Charter
Act, and will continue to operate the secondary
market operations authorized by such section 304.
The other, to be known as Government National
Mortgage Association, will remain in the Govern-
ment, will retain the assets and liabilities of the
previously existing corporation accounted for under
sections 303 and 306 of such Act, and will continue
to operate the special assistance functions and
management and liquidating functions authorized
by such sections 305 and 306.
[p. 20578]
1.3m (4)(c) July 25: Senate agrees to conference report, p. 23285
Mr. TEAGUE.
Under the 701 urban planning program,
both the Senate and House bills contained
a provision which permitted the use of this
program for the development of rural
districts. The primary purpose of this is
to encourage the development of small
towns and rural areas to provide better
living and working conditions, the effect
of which will be to take a great deal of
pressure off the cities by reducing the
constant migration from rural areas to the
cities. The differences between the two
bills involved the eligibility of certain
areas, already being given Government
support. The conferees in general agreed
with the House provision.
On the rural housing program, the
principal difference between the two bills
involved a self-help provision in the
House bill not contained in the Senate
bill. Such a provision would authorize
financial assistance to enable families to
build their own communities and homes
with technical assistance provided by the
Department of Agriculture. The Senate
receded to the House on this provision.
One important provision contained in
the House bill but not in the Senate bill
authorized a new program of FHA in-
surance for the construction of nonprofit
hospitals. The conference committee
agreed to accept the House provision.
Under the urban insurance program,
the principal difference between the House
and Senate versions involved the establish-
ment of a national insurance development
corporation to administer the program
which was contained in the Senate bill.
The House bill did not include such a
provision, but provided that the program
would be administered within the Depart-
ment of Housing and Urban Development.
The conferees agreed that the program
would be administered within HUD and
provided that a Federal Insurance Ad-
ministrator would be appointed to ad-
minister the urban insurance and the flood
insurance programs.
[p. 23285]
1.3m (4)(d) July 26: House agrees to conference report, p. 23683
{No Relevant Discussion on Pertinent Section]
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STATUTES AND LEGISLATIVE HISTORY 389
1.3n HOUSING AND URBAN DEVELOPMENT ACT OF 1969
December 24, 1969, P.L. 91-152, Title III, §302, 83 Stat. 391
AUTHORIZATION FOR COMPREHENSIVE PLANNING GRANTS
SEC. 302. The fifth sentence of section 701 (b) of the Housing Act of
195484 is amended by striking out "and not to exceed $390,000,000
prior to July 1, 1970" and inserting in lieu thereof "and not to exceed
$390,000,000 prior to July 1, 1971".
[p. 391]
1.3n (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 91-392, 91st Cong., 1st Sess. (1969)
HOUSING AND URBAN DEVELOPMENT ACT OF 1969
S. 2864.—Ordered to be printed
Mr. SPARKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
together with
INDIVIDUAL VIEWS
[To accompany S. 2864]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 2864) to amend and extend
laws relating to housing and urban development, and for other purposes,
and recommend that the bill do pass.
[p-1]
AUTHORIZATION FOR COMPREHENSIVE PLANNING GRANTS
Section 302 of the bill would amend section 701 (b) of the Housing
Act of 1954 to increase the total amount authorized to be appropriated
for comprehensive planning assistance by $40 million on July 1, 1971.
-------
390 LEGAL COMPILATION—SOLID WASTE
The purpose of this increase is to provide, after taking into account
rising costs, sufficient authorization for the Department of Housing
and Urban Development to continue, through fiscal years 1971 and
1972, with a level of program activity approximately equivalent to
[p. 22]
that currently being maintained. The unused authority expected at
the start of fiscal year 1971 is estimated at $95 million which, if used
at a program level of $60 million for fiscal year 1971 and $75 million
in 1972, would require additional authorization of $40 million for fiscal
year 1972.
[p. 23]
Section 302—Authorization for Comprehensive Planning Grants
This section would amend section 701 (b) of the Housing Act of 1954
to increase the total amount authorized to be appropriated for compre-
hensive planning assistance by $40 million on July 1, 1971.
[p. 47]
1.3n (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 91-539, 91st Cong., 1st Sess. (1969)
HOUSING AND URBAN DEVELOPMENT ACT OF 1969
SEPTEMBER 30, 1969.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
together with
DISSENTING VIEWS
[To accompany H.R. 13827]
The Committee on Banking and Currency, to whom was referred the
bill (H.R. 13827) to amend and extend laws relating to housing and
-------
STATUTES AND LEGISLATIVE HISTORY 391
urban development, and for other purposes, having considered the
same, report favorably thereon with amendments and recommend
that the bill as amended do pass.
[p. 1]
Section 302. Authorization for comprehensive planning grants
This section amends section 701 (b) of the Housing Act of 1954 to
extend the availability of approximately $100 million in unused au-
thorization for comprehensive planning grants through the fiscal year
1971. Under existing law this authorization will expire at the end of
the fiscal year 1970.
[p. 31]
HOUSING ACT OF 1954
COMPREHENSIVE PLANNING
SEC. 701. (a) * * *
*******
(10) the various regional commissions established by the Ap-
palachian Regional Development Act of 1965 or under the Public
Works and Economic Development Act of 1965 for comprehensive
planning for the regions established under such Acts (or State
agencies or instrumentalities participating in such planning; [and]
(11) local development districts, certified under section 301 of
the Appalachian Regional Development Act of 1965, for compre-
hensive planning for their entire areas, or for metropolitan plan-
ning, urban planning, county planning, or small municipality
planning within such areas in the Appalachian region, and for
planning for Appalachian regional programs!.]; and
(12) States, including statewide agencies or instrumentalities of a
State or its political subdivisions which are designated by the Governor
of the State and acceptable to the Secretary, for programs focused upon
the needs of communities having populations less than one hundred
thousand which provide information and data on urban needs and
urban assistance programs and activities and technical assistance to
such communities with respect to the solution of local probkms.
Planning assisted under this section shall, to the maximum extent
feasible, cover entire areas having common or related development
problems. The Secretary shall encourage cooperation in preparing
[p. 150]
-------
392 LEGAL COMPILATION—SOLID WASTE
and carrying out plans among all interested municipalities, political
subdivisions, public agencies, and other parties in order to achieve
coordinated development of entire areas. To the maximum extent
feasible, pertinent plans and studies already made for areas shall be
utilized so as to avoid unnecessary repetition of effort and expense.
Planning which may be assisted under this section includes the prepara-
tion of comprehensive transportation surveys, studies, and plans to aid
in solving problems of traffic congestion, facilitating the circulation of
people and goods in metropolitan and other areas and reducing trans-
portation needs. Planning carried out with assistance under this section
shall also include a housing element as part of the preparation of compre-
hensive land use plans, and this consideration of the housing needs and
land use requirements for housing in each comprehensive plan shall
take into account all available evidence of the assumptions and sta-
tistical bases upon which the projection of zoning, community facilities,
and population growth is based, so that the housing needs of both the
region and the local communities studied in the planning will be ade-
quately covered in terms of existing and prospective in-migrant popula-
tion growth. Funds available under this section shall be in addition to
and may be used jointly with funds available for planning surveys and
investigations under other federally aided programs, and nothing con-
tained in this section shall be construed as affecting the authority of
the Secretary of Transportation under section 307 of title 23, United
States Code.
(b) A planning grant made under subsection (a) shall not exceed two-
thirds of the estimated cost of the work for which the grant is made:
Provided, That such a grant may be made for up to 75 per centum of such
estimated cost when made for planning primarily for (1) redevelopment
areas, local development districts, or economic development districts, or
portions thereof, described in paragraph (3) (A) and (B) (i) and paragraph
(11) of subsection (a), (2) areas described in subsection (a)(8) and (3) of
the various regions, as described in subsection (a) (10). All grants made
under this section shall be subject to terms and conditions prescribed by
the Secretary. No portion of any grant made under this section shall be
used for the preparation of plans for specific public works. The Secretary
is authorized, notwithstanding the provisions of section 3648 of the Re-
vised Statutes, as amended, to make advance or progress payments on
account of any grant made under this section. There are authorized to
be appropriated for the purposes of this section not to exceed $265,-
000,000 prior to July 1, 1969, and not to exceed $390,000,000 prior to
July 1, [1970] 1971. Of the amount available prior to July 1, 1969,
$20,000,000 may be used only for district planning grants under sub-
section (a) (6), which amount shall be increased by $10,000,000 on July
1, 1969. Any amounts appropriated under this section shall remain
-------
STATUTES AND LEGISLATIVE HISTORY 393
available until expended: Provided, That, of any funds appropriated
under this section, not to exceed an aggregate of $10,000,000 plus 5 per
centum of the funds so appropriated may be used by the Secretary for
studies, research, and demonstration projects, undertaken independ-
ently or by contract, for the development and improvement of tech-
niques and methods for comprehensive planning and for the ad-
vancement of the purposes of this section, and for grants to assist in
the conduct of studies and research relating to needed revisions
[p. 151]
1.3n (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 91-740, 91st Cong., 1st Sess. (1969)
BOUSING AND URBAN DEVELOPMENT ACT OF 1969
DECEMBER 10, 1969.—Ordered to be printed
Mr. PATMAN, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 2864]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 2864) to amend
and extend laws relating to housing and urban development, and for
other purposes, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment
insert the following:
That this Act may be cited as the "Housing and Urban Development Act
of 1969".
SEC. 2. Section 805(g) of the National Housing Act is amended—
(1) by striking out $1,000,000,000" and inserting in lieu thereof
$2,600,000,000";
-------
394
LEGAL COMPILATION—SOLID WASTE
(2) by inserting "at par" immediately after "and to purchase";
and
(3) by striking out "$15,000", "$17,500", and "$22,500" and
inserting in lieu thereof "$17,500", "$20,000", and "$25,000", re-
spectively.
[P-1]
Use of Private Planners in Section 701 Comprehensive Planning Program
The Senate bill contained a provision not in the House amendment
requiring that any funds granted for comprehensive planning be used
in a manner consistent with the Federal Government's policy of rely-
ing on the private enterprise system to provide those services which
are reasonably and expeditiously available through ordinary busi-
ness channels. The conference committee deleted this provision. Present
law contains language encouraging assisted governments to engage
private consultants where their professional services are deemed ap-
propriate. Although the Senate provision was deleted, the conferees
wish to make clear that local assisted governments should have free-
dom to determine for themselves whether to use the services of pri-
vate planning consultants or whether to use local, State, or regional
planning facilities. The conferees expect the Department of Housing
[p. 33]
and Urban Development to assure that this option is fully available
to all assisted governments.
Small Communities Urban Information and Technical Assistance Program
The Senate bill extended the availability of existing authorization for
the urban information and technical assistance program for small cities
through fiscal year 1972. The House amendment consolidated this
program with the section 701 comprehensive planning grant program,
using section 701 funds. The conference substitute contains the Senate
provision.
[p. 34]
1.3n (4) CONGRESSIONAL RECORD, VOL. 115 (1969)
1.3n (4)(a) Sept. 23: Debated, amended and passed Senate, pp.
26702, 26705, 26709-26711, 26726
Mr. SPARKMAN. Mr. President, the
committee bill, S. 2864, is essentially a bill
to extend and continue existing Federal
housing programs authorized by previous
acts of Congress.
In general, the Banking and Currency
Committee agreed to a 2-year extension
of programs which would otherwise ter-
minate this year. The most important of
these are the Federal Housing Adminis-
-------
STATUTES AND LEGISLATIVE HISTORY
395
tration programs, urban renewal, mode
cities, rent supplement, and public hous-
ing.
*****
[p. 26702
SECTION 302 AUTHOBIZATION FOB COMPBE-
HEN8IVE PLANNING QBANTS
This section would amend section 701 (b) of th
Housing Act of 1954 to increase the total amoun
authorized to be appropriated for comprehensiv
planning assistance by $40 million on July 1, 1971
[p. 26705
The PRESIDING OFFICER. Th
amendment will be stated.
The legislative clerk read as follows:
Strike all of the present section 303 beginning on
line 12 of page 29 and substitute the following:
"SEC. 303. Section 701 of the Housing Act o
1954 is amended by redesignating subsection (i) a
subsection (j), lind by inserting after subsection
(h) the following new subsection:
" '(i) Any grants made under this section to a
State, metropolitan, or regional planning agency
an economic development district, or any other
areawide planning agency for use by such agency
or district to provide planning assistance to any
local government or any agency or instrumentality
of a local government should be used in a manner
consistent with the Federal Government's policy o]
relying on the private enterprise system to provide
those services which are reasonably and expedi-
tiously available through ordinary business chan-
nels.' "
Mr. TOWER. Mr. President, would the
Senator from Alabama explain the sub-
stance of the amendment?
Mr. SPARKMAN. Yes. It is, really, an
amendment to the language that the
committee wrote in under the 701 planning
grant program.
The Senator will remember that we
tried last year to make certain that
private planning consultants might be
used in some of the planning areas where
the local people wanted them.
We wrote that into the law last year,
but it appeared that it was not clear that
we intended it be optional. The purpose
of the amendment is merely to make it
clear that our intention is that the use of
planning consultants or the use of State
regional or locally hired planners is clearly
at the option of the local body.
Mr. TOWER. This is, then, a clarifying
amendment?
Mr. SPARKMAN. That is right.
Mr. TOWER. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. Is there
objection to the amendment?
Mr. TOWER. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk proceeded
to call the roll.
Mr. TOWER. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HOLLINGS. Mr. President, I call
up my amendment No. 179
The PRESIDING OFFICER. An
amendment is pending.
Mr. TOWER. Mr. President, I ask
unanimous consent that the amendment of
the distinguished Senator from Alabama
Mr. SPARKMAN] be withdrawn.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, and the
amendment is withdrawn.
Mr. TOWER. Reserving the right to
re-offer it.
The PRESIDING OFFICER. Without
objection, it is so ordered.
[p. 26709]
Mr. SPARKMAN. Mr. President, I
end to the desk an amendment virtually
he same as the one I offered awhile ago on
ection 701 planning.
The PRESIDING OFFICER. The
amendment wUl be stated.
The ASSISTANT LEGISLATIVE CLERK.
e Senator from Alabama (Mr. SPARK-
MAN) proposes an amendment:
Strike all of the present Section 303 beginning
n line 12 of page 29 and substitute the following:
"SEC. 303. Section 701 of the Housing Act of
)54 is amended by redesignating subsection (i) as
ubsection (j), and by inserting after subsection
i) the following new subsection:
" '(i) Any grants made under this section to
State, metropolitan, or regional planning agency,
n economic development district, or any other
reawide planning agency for use by such agency
r district to provide planning assistance to any
cal government or any agency or instrumentality
a local government shall be used in a manner con-
-------
396
LEGAL COMPILATION—SOLID WASTE
sistent with the Federal Government's policy
of relying on the private enterprise system to
provide those services which are reasonably anc
expeditiously available through ordinary business
channels' ".
Mr. TOWER. Mr. President, I ask
unanimous consent to have printed in the
RECORD a letter from Secretary Romney
addressed to Senator BENNETT. The letter
is pertinent to the amendment offered by
the Senator from Alabama.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
SEPTEMBER 22, 1969.
Hon. WALLACE F. BENNETT
U.S. Senate, Washington, D.C.
DEAR SENATOR BENNETT: I am pleased to write
you, following a meeting held between Assistant
Secretary Jackson and John Evans, Minority Staff
Director, Senate Banking and Currency Com-
mittee, concerning certain proposed amendments
to the Housing Act on the use of private consultants
in providing planning assistance to local govern-
ments.
The effect of this proposed amendment, as
drafted, would be to significantly weaken State
efforts to assist their communities. This is contrary
to our firm commitment to meaningful State urban
involvement and participation.
On the other hand, I am determined to en-
courage participation of the private sector to
achieve the goals of this Department. This is
especially true with respect to administration of
our Planning Assistance Program under Section
701 and 702 of the Housing Act.
To assure that we are taking every possible
responsible action for full utilization of private
enterprise in HUD's comprehensive planning and
public works planning programs, I am taking the
following three steps:
1. Expedite completion of a recent survey of all
planning agencies receiving 701 Comprehensive
Planning Assistance grants to determine the
extent to which private consultants are utilized.
Preliminary findings indicate that upwards to 45
percent of all appropriations made available to the
States under Section 701 are expended for use of
private consultant services. The results of this
survey will be forwarded to you.
2. Review thoroughly the existing regulations
and guidelines for the Comprehensive Planning
Assistance Program. A preliminary review of this
document, which contains a
[p. 26710]
large number of references to use of consultants,
indicates that it could be strengthened.
3. Invite the major organizations concerned with
this subject, including the American Society of
Consulting Planners and the National Society of
Professional Engineers, to thoroughly explore these
matters of common interest. 1 have asked Assistant
Secretary Jackson to promptly call such a meeting.
I hope these views are helpful to you and to the
Banking and Currency Committee in its delibera-
tions.
Sincerely,
GEORGE ROMNEY.
Mr. SPARKMAN. Mr. President, the
amendment was offered by the Senator
from Maine (Mr. MUSKIE) who had fully
intended to be present and introduce the
amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amendment.
Mr. TOWER. Mr. President, apparently
the administration has no objection to the
amendment. It is a constructive amend-
ment and on behalf of the minority I am
prepared to accept it.
The PRESIDING OFFICER. The
question is on agreeing to the amendment.
The amendment was agreed to.
Mr. TOWER. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislative clerk proceeded
to call the roll.
Mr. SPARKMAN. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. SPARKMAN. Mr. President, the
Senator from Rhode Island (Mr. PELL)
wishes to address questions to me relating
;o a provision already agreed to. The
discussion will be fully relevant to that
matter. I yield to the Senator for that
purpose.
The PRESIDING OFFICER. The
Senator from Rhode Island is recognized.
Mr. PELL. Mr. President, I thank the
Senator from Alabama.
Would the bill prohibit the State
government in my State of Rhode Island,
rom using Federal funds for planning
activities under contract with local
jovernments in the State if the local
[overnments enter into the contracts
•oluntarily and if they are not prohibited
-------
STATUTES AND LEGISLATIVE HISTORY
397
by the State from using private planning
consultants?
Mr. SPARKMAN. Mr. President,
awhile ago I commented on the language
that was in the bill as reported. In reading
the report and the language of the bill, I
came to the conclusion that the bill did
not do just what the report said it did. I
refer to the voluntary use of private con-
sultants. Therefore, we worked out
amendatory language that makes it
voluntary.
It is entirely optional with a munici-
pality, county, region, metropolitan area,
or any other branch of the government.
They can use planning consultants if they
wish or contract with the State to supply
consultants or make whatever arrange-
ment they want. It is purely voluntary.
Mr. PELL. Mr, President, I thank the
Senator from Alabama very much indeed
for that assurance.
[p. 26711]
AUTHORIZATION FOB COMPREHENSIVE PLANNING
GRANTS
SEC. 302. The fifth sentence of section 701 (b) of
the Housing Act of 1954 is amended by striking out
"and not to exceed $390,000,000 prior to July 1,
1970" and inserting in lieu thereof "not to exceed
$390,000,000 prior to July 1, 1971, and not to ex-
ceed $430,000,000 prior to July 1, 1972".
UTILIZATION OF PRIVATE ENTERPRISE IN COMPRE-
HENSIVE PLANNING AND PUBLIC WORKS PLAN-
NING
SEC. 303. Section 701 of the Housing Act of
1954 is amended by redesignating subsection (i) as
subsection (j), and by inserting after subsection
(h) the following new subsection:
"(i) Any grants made under this section to
a State, metropolitan, or regional planning agency,
an economic development district, or any other
areawide planning agency for use by such agency
or district to provide planning assistance to any
local government or any agency or instrumentality
of a local government shall be used in a manner
consistent with the Federal Government's policy
of relying on the private enterprise system to
provide those services which are reasonably and
expeditiously available through ordinary business
channels".
[p. 26726]
1.3n (4)(b) Oct. 23: Amended and passed House, p. 31238
AUTHORIZATION FOB COMPREHENSIVE PLANNING
GBAKTS
SEC. 302. The fifth sentence of section 701(b)
of the Housing Act of 1954 is amended by striking
out "and not to exceed $390,000,000 prior to
July 1, 1970" and inserting in lieu thereof "and not
to exceed $390,000,000 prior to July 1, 1971".
URBAN INFORMATION AND TECHNICAL
ASSISTANCE SERVICES
SEC. 303. (a) Section 701(a) of the Housing
Act of 1954 is amended—
(1) by striking out "and" at the end of para-
graph (10);
(2) by striking out the period at the end of
paragraph (11) and inserting in lieu thereof "; and";
and
(3) by adding after paragraph (11) the following
new paragraph:
"(12) States, including statewide agencies or
instrumentalities of a State or its political sub-
divisions which are designated by the Governor of
the State and acceptable to the Secretary, for
programs focused upon the needs of communities
having populations less than one hundred thousand
which provide information and data on urban
needs and urban assistance programs and activities
and technical assistance to such communities with
respect to the solution of local problems."
(b) Title IX of the Demonstration Cities and
Metropolitan Development Act of 1966 is repealed.
[p. 31238]
1.3n (4)(c) Dec. 12: Senate agrees to conference report, p. 38624
[No Relevant Discussion on Pertinent Section]
1.3n (4)(d) Dec. 12: House agrees to conference report, p. 38773
[No Relevant Discussion on Pertinent Section]
-------
398 LEGAL COMPILATION—SOLID WASTE
1.3o TECHNICAL AMENDMENTS OF THE HOUSING ACT
OF 1954
December 31, 19TO, P.L. 91-606, Title III, §301(a), 84 Stat. 1758
TITLE III—MISCELLANEOUS
TECHNICAL AMENDMENTS
SEC. 301. (a) Section 701 (a) (3) (B) (ii) of the Housing Act of 1954
(40 U.S.C. 461 (a) (3) (B) (ii))76 is amended to read as follows: "(ii)
have suffered substantial damage as a result of a major disaster as de-
termined by the President pursuant to the Disaster Relief Act of
1970."
[p. 1758]
1.3o (1) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 91-1157, 91st Cong., 2d Sess. (1970)
DISASTER ASSISTANCE
AUGUST 31, 1970.—Ordered to be printed
Mr. BAYH, from the Committee on Public Works,
submitted the following
REPORT
together with
INDIVIDUAL VIEWS
(To accompany S. 3619]
The Committee on Public Works, to which was referred the bill
(S. 3619) having considered the same, reports favorably thereon with
an amendment and unanimously recommends that the bill, as amended,
do pass.
[p. 1]
-------
STATUTES AND LEGISLATIVE HISTORY 399
1.3o (2) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. No. 91-1524, 91st Cong., 2d Sess. (1970)
DISASTER RELIEF ACT OF 1970
SEPTEMBER 29, 1970.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works,
submitted the following
REPORT
[To accompany S. 3619]
The Committee on Public Works, to whom was referred the bill
(S. 3619) to revise and expand Federal programs for relief from the
effects of major disasters, and for other purposes, having considered
same, reports favorably thereon with amendment and recommends
that the bill as amended do pass. The amendment is as follows:
Strike out all after the enacting clause and insert a substitute text
which is printed in the reported bill in italic type.
[p. 1]
1.3o (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 91-1752, 91st Cong., 2d Sess. (1970)
DISASTER RELIEF ACT OF 1970
DECEMBER 15, 1970.—Ordered to be printed
Mr. JONES of Alabama, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 3619]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 3619) to revise
-------
400 LEGAL COMPILATION—SOLID WASTE
and expand Federal programs for the relief from the effects of major
disasters, and for other purposes, having met, after full and free con-
ference, have agreed to recommend and do recommend to their re-
spective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following: * * *
[p. 1]
1.3o (4) CONGRESSIONAL RECORD, VOL. 116 (1970)
1.3o (4)(a) Sept. 9: Amended and passed Senate, p. 31058
[No Relevant Discussion on Pertinent Section]
1.3o (4)(b) Oct. 5: Amended and Passed House, p. 34798
[No Relevant Discussion on Pertinent Section]
1.3o (4)(c) Dec. 15, 17: House agrees to conference report, pp.
41523, 42212
[No Relevant Discussion on Pertinent Section]
1.3o (4)(d) Dec. 18: Senate agrees to conference report, p. 42365
[No Relevant Discussion on Pertinent Section]
1.3p MODEL CITIES AND METROPOLITAN DEVELOPMENT
PROGRAMS
December 31, 1970, P.L. 91-609, Title III, §302, Title VII,
|§727(e), 735, 84 Stat. 1780,1803,1804
AUTHORIZATION FOR COMPREHENSIVE PLANNING GRANTS
SEC. 302. The fifth sentence of section 701 (b) of the Housing Act
of 1954 is amended by striking out "and not to exceed $390,000,000
prior to July 1, 1971" and inserting in lieu thereof "and not to exceed
$420,000,000 prior to July 1, 1972".
[p. 1780]
-------
STATUTES AND LEGISLATIVE HISTORY 401
SEC. 727. * * *
(e) Section 701 of the Housing Act of 195484 is amended by—
(1) striking out the word "approved" in subsection (a) (4) and
adding before the semicolon at the end of such subsection "or under
part B of the Urban Growth and New Community Development
Act of 1970";
(2) inserting in subsection (b) after "(2) areas described in" the
tollowing: "subsection (a)(4) or"; and
(3) striking out the "No" at the beginning of the third sentence
of subsection (b) and inserting in lieu thereof "Except for planning
for areas described in subsection (a)(4), no".
[p. 1803]
PART C—DEVELOPMENT OF RATIONAL URBAN
GROWTH PATTERNS
STATE AND REGIONAL PLANNING
SEC. 735. Section 701 of the Housing Act of 195486 is amended by
adding at the end thereof the following new subsection:
"(j) In carrying out the provisions of this section relating to planning
for States, regions, or other multijurisdictional areas whose development
has significance for purposes of national growth and urban development
objectives, the Secretary shall encourage the formulation of plans and
programs which will include the studies, criteria, standards, and imple-
menting procedures necessary for effectively guiding and controlling
major decisions as to where growth should take place within such States,
regions, or areas. Such plans and programs shall take account of the
availability of and need for conserving land and other irreplaceable
natural resources; of projected changes in size, movement, and com-
position of population; of the necessity for expanding housing and em-
ployment opportunities; of the opportunities, requirements, and possible
locations for, new communities and largescale projects for expanding
or revitalizing existing communities; and of the need for methods of
achieving modernization, simplification, and improvements in govern-
mental structures, systems, and procedures related to growth objectives.
If the Secretary determines that activities otherwise eligible for assistance
under this section are necessary to the development or implementation
of such plans and programs, he may make grants in support of such
activities to any governmental agency or organization of public officials
which he determines is capable of carrying out the planning work in-
volved in an effective and efficient manner and may make such grants in
-------
402 LEGAL COMPILATION—SOLID WASTE
an amount equal to not more than 75 per centum of the cost of such
activities,"
[p. 1804]
1.3p (1) SENATE COMMITTEE ON BANKING AND CURRENCY
S. REP. No. 91-1216, 91st Cong., 2d Sess. (1970)
HOUSING AND URBAN DEVELOPMENT ACT OF 1970
SEPTEMBER 21, 1970.—Ordered to be printed
Mr. SPARKMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
[To accompany S. 4368]
The Committee on Banking and Currency, having considered the
same, report favorably a committee bill (S. 4368) to extend and amend
laws relating to housing and urban development, and for other purposes,
and recommend that the bill do pass.
[p. 1]
AUTHORIZATION FOB COMPREHENSIVE PLANNING GRANTS
Section 302 of the bill would amend section 701 (b) of the Housing
Act of 1954 to increase the total amount authorized to be appropriated
for comprehensive planning grants from $390 million to $415 million
and extend by one year (through fiscal year 1972) authority to appro-
priate funds. The additional $25 million in grant authority, plus an
estimated carryover in unused authority of $55 million, will provide
funds for the needed expansion of this important program. The pro-
jection of an $80 million program level for fiscal year 1972 represents
a $30 million increase over the current program level of $50 million.
[p. 20]
Types of financial assistance
The first type of financial assistance provided under this part to new
community developers would be, in effect, an expansion of the program
-------
STATUTES AND LEGISLATIVE HISTORY 403
of guarantees for land acquisition and improvement under Title IV
of the Housing and Urban Development Act of 1968.
The Secretary would be authorized to pledge the full faith and credit
of the United States to the payment on bonds and other obligations
issued to finance land acquisition and land development (but not the
construction of residential, commercial or industrial buildings), by pri-
vate new community developers and by State land development agen-
cies. The obligation of State and local agencies the income from which
is exempt from Federal taxation would not be eligible for the guarantees.
However, the Secretary would also be authorized to make grants to the
State land development agency in an amount which did not exceed
the difference between the interest paid on those obligations and the
interest on similar obligations the income from which is tax exempt.
The outstanding principal obligations guaranteed for a single project
could not exceed the sum of 80 percent of the Secretary's estimate of
the value of the land before development and 90 percent of his estimate
of the actual cost of the land development. The outstanding principal
obligations guaranteed under the Act would at no time exceed $50,000,000
for a single program or $500,000,000 for all projects assisted by guarantees.
The guarantee is designed to make it possible for the developer to
tap the corporate bond market through public sale of bonds or notes.
Private developers will also sometimes wish to attract individual large
lenders, such as. life insurance companies, and its guarantee would facili-
tate this. The guarantee should be helpful to borrowers in obtaining
lower interest rates, longer maturities, and freedom from the require-
ments that lenders sometimes impose in the case of unguaranteed land
development investments that they share in the profits.
A second form of assistance, also directly related to the developer's
problem of obtaining adequate "patient money," would be provided
through direct Federal loans to State land development agencies and
private new community developers to cover interest charges during
the early years of approved new community development projects.
Such loans would be in an amount not to exceed the interest payments
on indebtedness attributable to land acquisition and land develop-
ment, including public facilities, and only with respect to interest pay-
ments on indebtedness outstanding during an initial development
period (not more than 15 years) prior to the time when the project's
marketing program had reached the point where continued develop-
ment was possible without the benefit of further loans. Repayment of
loans could be deferred for up to 15 years and would be repaid with
interest at an annual rate equal to the average yield to maturity on
[p. 33]
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404 LEGAL COMPILATION—SOLID WASTE
eligible. The Secretary could include provisions for repayment where
appropriate. More extensive planning grants, up to 75 percent of cost,
would be available to public developers under the planning grant pro-
visions of section 701 of the Housing Act of 1954.
The Secretary would also be authorized to provide technical assistance
to developers in connection with planning and carrying out new com-
munity development programs. Such assistance could be provided,
either directly or by other arrangements, to qualified private and public
developers, and local public bodies and agencies.
The broad research and development authority of the Secretary
under existing law could also be utilized in a manner useful to the new
communities program.
In order to facilitate the administration of the new communities
program, a Community Development Corporation would be created
with the Department of Housing and Urban Development. The Cor-
poration would have a five member board of directors consisting of
the Secretary of Housing and Urban Development; the General Manager
of the Corporation who would be appointed by the President with the
advice and consent of the Senate and who would be the Corporation's
chief executive officer; and three persons appointed by the Secretary, at
least two of whom were not officers or employees of HUD. The Secretary's
loan and guarantee functions would be administered through the Com-
munity Development Corporation, along with such other functions as
the Secretary prescribed. The Corporation would carry out its functions
subject to the direction and supervision of the Secretary of HUD.
PART C DEVELOPMENT OF RATIONAL URBAN GROWTH PATTERNS
The Committee believes that if the policies set forth in Parts A and
B are to be effectively implemented, the Federal Government must
provide assistance to State, regional, and area governments and organi-
zations undertaking activities related to those policies. The provisions
of Part C are addressed to this need.
Section 701 of the Housing Act of 1954 would be amended to author-
ize the Secretary to make comprehensive planning grants, at three-
fourths of the cost of the planning, to government agencies or orga-
nizations of public officials capable of formulating plans and procedures
for determining where growth should take place within the State, region,
or area. Second (under a provision found in title IV, rather than in
this title), the Secretary would be authorized to make grants to State
and local public bodies to cover not more than 75 per centum of the
cost of acquiring interests in undeveloped or predominantly undevel-
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STATUTES AND LEGISLATIVE HISTORY 405
oped land which, if withheld from commercial, industrial, and resi-
dential development, would significantly guide desirable patterns of
urban growth. The Secretary would also have authority to establish
conditions for the disposition and the future use of land acquired under
this provision.
[p. 34]
SECTION 302—AUTHORIZATION FOR COMPREHENSIVE PLANNING GRANTS
This section authorizes new appropriations of $25 million for com-
prehensive planning grants under section 701 (b) during fiscal year 1972.
[p. 49]
(e) Section 701 of the Housing Act of 1954 would be amended to
enable official governmental planning agencies to receive planning
grants in connection with new communities before the new community
has been finally approved, thereby making timely planning possible.
New communities would also be made eligible under the provisions
in section 701 which now authorize three-fourths planning grants for
several categories of comprehensive planning by State and local public
bodies.
[p. 64]
PART C—DEVELOPMENT OF RATIONAL URBAN GROWTH PATTERNS
SECTION 735 STATE AND REGIONAL PLANNING
This section adds a new subsection to section 701 of the Housing
Act of 1954 which provides that, in making grants pertaining to com-
prehensive planning for States, regions, or other multijurisdictional
areas whose development affects national growth and urban develop-
ment objectives, the Secretary shall encourage the formulation of specific
plans and programs for guiding and controlling urban growth within
these States, regions, or areas. The Secretary would also be empowered
to make grants to any governmental agency or organization of public
officials to cover not more than 75 per centum of the cost of activities
otherwise eligible under section 701 which are necessary to the develop-
ment or implementation of plans or programs under the new subsection.
[p. 65]
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406 LEGAL COMPILATION—SOLID WASTE
1.3p (2) HOUSE COMMITTEE ON BANKING AND CURRENCY
H.R. REP. No. 91-1556, 91st Cong., 2d Sess. (1970)
THE HOUSING AND URBAN DEVELOPMENT ACT
OF 1970
OCTOBEE 5, 1970.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
MR. PATMAN, from the Committee on Banking and Currency,
submitted the following
REPORT
together with
SUPPLEMENTAL AND MINORITY VIEWS
[To accompany H.R. 19436]
The Committee on Banking and Currency, to whom was referred
the bill (H.R. 19436) to provide for the establishment of a national
urban growth policy, to encourage and support the proper growth and
development of our States, metropolitan areas, cities, counties, and
towns with emphasis upon new community and inner city development,
to extend and amend laws relating to housing and urban development,
and for other purposes, having considered the same, report favorably
thereon without amendments and recommend that the bill do pass.
WHAT THE BILL WOULD DO
The committee bill would provide for the development of a national
urban growth policy, authorize a new and greatly expanded program
of Federal assistance for new community development, make needed
improvements and provide necessary extensions and additional funds
for existing housing and urban development programs, and provide an
important new program of direct Federal writing of essential property
insurance if insurance rates in the private market exceed reasonable
rates within the means of homeowners and small businessmen. The
principal provisions of the bill are briefly summarized, as follows:
[p. 1]
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STATUTES AND LEGISLATIVE HISTORY 407
PUBLIC HOUSING ANNUAL CONTRIBUTIONS
Section 302 would increase the authorization for annual contribu-
tion contracts under the public housing program by $150 million upon
enactment, by $275 million beginning with fiscal year 1972, $300 million
beginning with fiscal year 1973, and $350 million beginning with fiscal
year 1974.
The committee is providing additional funds for fiscal year 1971
for two reasons: First, because of rapidly rising construction and land
costs, more funds are needed to produce the budgeted number of public
housing units. Second, there has been an increased demand for program
funds throughout the Nation. For the fiscal years through 1974, the
amount authorized in the bill is to provide for the new units that will be
necessary for meeting the housing goals, as set forth in the President's
Second Annual Report on Housing Goals and the modernization program,
as well as increased costs and additional subsidies.
[p. 16]
Section 402. Authorization for comprehensive planning grants
This section would amend section 701 (b) of the Housing Act of 1954
to extend for 1 year (through fiscal year 1972), authority to appro-
priate unused authorizations for comprehensive planning grants. The
section would also authorize an additional $30 million for comprehensive
planning grants to be appropriated prior to July 1, 1972.
TITLE V—CONSOLIDATION OF OPEN-SPACE
LAND PROGRAMS
Section 501. Consolidation of open-space land programs
This section would amend title VII of the Housing Act of 1961 (grants
for open-space land, urban beautification and historic preservation)
to authorize a single program of grants for (1) acquisition of title to, or
other interests in, open-space land in urban areas, and (2) the develop-
ment of open-space or other land in urban areas for open-space uses
(including historic preservation).
Section 701 of the amended title would restate basic congressional
findings and purposes. Section 701 (b) would be amended to include
a finding that the need for parks and other open space in built-up portions
of urban areas is especially great in low-income neighborhoods and com-
munities.
[p. 57]
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408 LEGAL COMPILATION—SOLID WASTE
COMPREHENSIVE PLANNING
SEC. 701. (a) In order to assist State and local governments in solv-
ing planning problems, including those resulting from the increasing
concentration of population in metropolitan and other urban areas
and the out-migration from and lack of coordinated development of
resources and services in rural areas; to facilitate comprehensive planning
for urban and rural development, including coordinated transportation
systems, on a continuing basis by such governments; and to encourage
such governments to establish and improve planning staffs and techniques
on an areawide basis, and to engage private consultants where their pro-
fessional services are deemed appropriate by the assisted governments,
the Secretary is authorized to make planning grants to—
(1) State planning agencies for the provision of planning assistance
to (A) cities and other municipalities having a population of less than
50,000 according to the latest decennial census, and counties without
regard to population: Provided, That grants shall be made under this
paragraph for planning assistance to counties having a population
of 50,000 or more, according to the latest decennial census, which are
within metropolitan areas, only if (i) the Secretary finds that plan-
ning and plans for such county will be coordinated with the program
of comprehensive planning, if any, which is being carried out for the
metropolitan area of which the county is a part, and (ii) the ag-
gregate amount of the grants made subject to this proviso does not
exceed 15 per centum of the aggregate amount appropriated, after
September 2, 1964, for the purposes of this section, (B) any group of
adjacent communities, either incorporated or unincorporated,
having a total population of less than 50,000 according to the latest
decennial census and having common or related urban planning
problems, (C) cities, other municipalities, and counties referred to
in paragraph (3) of this subsection, and areas referred to in para-
graph (4) of this subsection, and (D) Indian reservations;
[p. 131]
(2) State, metropolitan, and regional planning agencies for metro-
politan or regional planning, and to cities within metropolitan areas,
for planning which is part of comprehensive metropolitan planning
and which shall supplement and be coordinated with State, metro-
politan, and regional planning;
(3) (A) economic development districts designated by the Secretary
of Commerce under title IV of the Public Works and Economic
Development Act of 1965, and
(B) cities, other municipalities, and counties which (i) are situ-
ated in redevelopment areas or economic development districts
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STATUTES AND LEGISLATIVE HISTORY 409
designated by the Secretary of Commerce under title IV of the
Public Works and Economic Development Act of 1965, or (ii)
have suffered substantial damage as a result of catastrophe which
the President, pursuant to section 2 (a) of the Act entitled "An
Act to authorize Federal assistance to States and local governments
in major disasters, and for other purposes," approved September 30,
1950, as amended (42 U.S.C. 1855a), has determined to be a major
disaster;
(4) official governmental planning agencies for areas where
rapid urbanization has resulted or is expected to result from the estab-
lishment or rapid and substantial expansion of a Federal installation,
or for areas where rapid urbanization is expected to result on land
developed or to be developed as a new community [approved]
under section 1004 of the National Housing Act or title IV of the
Housing and Urban Development Act of 1968 or under part B of the
Urban Growth and New Community Development Act of 1970;
(5) States for State and interstate comprehensive planning and for
research and coordination activity related thereto, including technical
and other assistance for the establishment and operation of intrastate
and interstate planning agencies;
(6) State planning agencies for assistance to district planning,
or planning for areas within districts, carried on by or for district plan-
ning agencies;
(7) metropolitan and regional planning agencies, with the approval
of the State planning agency or (in States where no such planning
agency exists) of the Governor of the State, for the provision of
planning assistance within the metropolitan area or region to cities,
other municipalities, counties, groups of adjacent communities, or
Indian reservations described in clauses (A), (B), (C), and (D) of
paragraph (1) of this subsection;
(8) official governmental planning agencies for any area where
there has occurred a substantial reduction in employment oppor-
tunities as the result of (A) the closing (in whole or in part) of a
Federal installation, or (B) a decline in the volume of Govern-
ment orders for the procurement of articles or materials produced
or manufactured in such area;
(9) tribal planning councils or other tribal bodies designated
by the Secretary of the Interior for planning for an Indian reserva-
tion;
(10) the various regional commissions established by the Ap-
palachian Regional Development Act of 1965 or under the Public
Works and Economic Development Act of 1965 for comprehensive
planning for the regions established under such Acts
[P- 132]
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410 LEGAL COMPILATION—SOLID WASTE
(or State agencies or instrumentalities participating in such plan-
ning) ; and
(11) local development districts, certified under section 301 of
the Appalachian Regional Development Act of 1965, for compre-
hensive planning for their entire areas, or for metropolitan planning,
urban planning, county planning, or small municipality planning
within such areas in the Appalachian region, and for planning for
Appalachian regional programs.
Planning assisted under this section shall, to the maximum extent feasible,
cover entire areas having common or related development problems.
The Secretary shall encourage cooperation in preparing and carrying out
plans among all interested municipalities, political subdivisions, public
agencies, and other parties in order to achieve coordinated development
of entire areas. To the maximum extent feasible, pertinent plans and
studies already made for areas shall be utilized so as to avoid unnecessary
repetition of effort and expense. Planning which may be assisted under
this section includes the preparation of comprehensive transportation
surveys, studies, and plans to aid in solving problems of traffic con-
gestion, facilitating the circulation of people and goods in metropolitan
and other areas and reducing transportation needs. Planning carried out
with assistance under this section shall also include a housing element as
part of the preparation of comprehensive land use plans, and their con-
sideration of the housing needs and land use requirements for housing in
each comprehensive plan shall take into account all available evidence of
the assumptions and statistical bases upon which the projection of
zoning, community facilities, and population growth is based, so that
the housing needs of both the region and the local communities studied
in the planning will be adequately covered in terms of existing and
prospective in-migrant population growth. Funds available under this
section shall be in addition to and may be used jointly with funds
available for planning surveys and investigations under other federally
aided programs, and nothing contained in this section shall be construed
as affecting the authority of the Secretary of Transportation under
section 307 of title 23, United States Code.
(b) A planning grant made under subsection (a) shall not exceed two-
thirds of the estimated cost of the work for which the grant is made:
Provided, That such a grant may be made for up to 75 per centum of such
estimated cost when made for planning primarily for (1) redevelopment
areas, local development districts, or economic development districts, or
portions thereof, described in paragraph (3) (A) and (B) (i) and para-
graph (11) of subsection (a), (2) areas described in subsection (a) (8),
and (3) the various regions, as described in subsection (a) (10). All
grants made under this section shall be subject to terms and conditions
-------
STATUTES AND LEGISLATIVE HISTOBY 411
prescribed by the Secretary. [No] Except for planning for areas described in
subsection (a) (4), portion of any grant made under this section shall be
used for the preparation of plans for specific public works. The Secretary
is authorized, notwithstanding the provisions of section 3648 of the
Revised Statutes, as amended, to make advance or progress payments on
account of any grant made under this section. There are authorized to
be appropriated for the purposes of this section not to exceed $265,000,000
prior to July 1, 1969, and not to exceed [$390,000,000] $480,000,000 prior
to July 1, [1971] 1972. Of the amount available prior to
[p. 133]
July 1, 1969, $20,000,000 may be used only for district planning grants
under subsection (a) (6), which amount shall be increased by $10,000,000
on July 1, 1969. Any amounts appropriated under this section shall
remain available until expended: Provided, That, of any funds appro-
priated under this section, not to exceed an aggregate of $10,000,000
plus 5 per centum of the funds so appropriated may be used by the Secre-
tary for studies, research, and demonstration projects, undertaken inde-
pendently or by contract, for the development and improvement of
techniques and methods for comprehensive planning and for the ad-
vancement of the purposes of this section, and for grants to assist in the
conduct of studies and research relating to needed revisions in State
statutes which create, govern, or control local governments and local
governmental operations.
(j) In carrying out the provisions of this section relating to planning for
States, regions, or other multijurisdictional areas whose development has
significance for purposes of national growth and urban development ob-
jectives, the Secretary shall encourage the formulation of plans and programs
which will include the studies, criteria, standards, and implementing pro-
cedures necessary for effectively guiding and controlling major decisions as to
where growth should take place within such States, regions, or areas. Such
plans and programs shall take account of the availability of and need for
conserving land and other irreplaceable natural resources; of projected
changes in size, movement, and composition of population; of the necessity
for expanding housing and employment opportunities; of the opportunities,
requirements, and possible locations for new communities and large-scale
projects for expanding or revitalizing existing communities; and of the need
for methods of achieving modernization, simplification, and improvements in
governmental structures, systems, and procedures related to growth objectives.
If the Secretary determines that activities otherwise eligible for assistance
under this section are necessary to the development or implementation of such
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412 LEGAL COMPILATION—SOLID WASTE
plans and programs, he may make grants in support of such activities to any
governmental agency or organization of public officials which he determines
is capable of carrying out the planning work involved in an effective and
efficient manner and make such grants in an amount equal to not more than
75 per centum of the cost of such activities.
[p. 134]
1.3p (3) COMMITTEE OF CONFERENCE
H.R. REP. No. 91-1784, 91st Cong., 2d Sess. (1970)
HOUSING AND URBAN DEVELOPMENT ACT OF 1970
DECEMBER 17, 1970.—Ordered to be printed
MB. PATMAN, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 19436]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 19436) to
provide for the establishment of a national urban growth policy, to
encourage and support the proper growth and development of our States,
metropolitan areas, cities, counties, and towns with emphasis upon new
community and inner city development, to extend and amend laws
relating to housing and urban development, and for other purposes,
having met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following: That this Act may be cited as the "Housing
and Urban Development Act of 1970".
[p. 1]
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STATUTES AND LEGISLATIVE HISTORY 413
1.3p (4) CONGRESSIONAL RECORD, VOL. 116 (1970)
1.3p (4)(a) Dec. 2, 3: Amended and passed House, pp. 39823-39824
PARLIAMENTARY INQUIRY
Mr. DAVIS of Wisconsin. Mr. Chair
man, a parliamentary inquiry.
The CHAIRMAN. The gentleman will
state his parliamentary inquiry.
Mr. DAVIS of Wisconsin. Mr. Chair
man, I have not been able to get hold of
page copy of the so-called Stephens
substitute amendment, and therefore I am
not able to provide a correct page numbe
on which an amendment should occur
However, it would occur at the close o
section 302 of title III of the Stephens
amendment in the nature of a substitute
Would an amendment relating to that bi
in order at this time?
The CHAIRMAN. The Chair will state
to the gentleman that such an amendmen
would be hi order at this time.
AMENDMENT OFFERED BY MR. DAVIS OF
WISCONSIN TO THE AMENDMENT IN THE
NATURE OF A SUBSTITUTE OFFERED BY
MR. STEPHENS
Mr. DAVIS of Wisconsin. Mr. Chair-
man, I offer an amendment to the amend-
ment in the nature of a substitute.
The Clerk read as follows:
Amendment offered by Mr. DAVIS of Wisconsin
to the amendment in the nature of a substitute
offered by Mr. STEPHENS: At the end of title III,
section 302, change the period to a colon and add
the following proviso: "Provided, that after July lf
1971, the aggregate amount of contracts to make
annual contributions executed subsequent to the
enactment of this act shall not exceed amounts
approved in appropriation acts."
Mr. DAVIS of Wisconsin. Mr. Chan--
man, this is an amendment I offered with
respect to similar legislation 2 years ago. I
had prepared the amendment for in-
troduction hi connection with the bill this
year.
I have talked with the gentleman from
Pennsylvania, who is the floor manager for
the bill. He pointed out to me that because
of commitments which may have been
made he felt that this might not be timely
in connection with it.
I was unable to reach the gentleman this
morning in order to discuss with him the
amended amendment which is now before
this Committee, which would delay the
effective date of it until the beginning of
the new fiscal year.
As I understand it from conversations
I have had with the gentleman from
Pennsylvania, he has not been opposed to
the idea of placing public housing con-
tributions under the annual review along
with contract authority under the sur-
veillance of the Subcommittee on HUD
and Independent Offices of the Committee
on Appropriations, but he had been
worried about the fact of commitments
that might already have been made. It
was on this basis that I did defer the
effective date until the beginning of the
new fiscal year.
I see that the gentleman is on his feet,
and I would like to ask for his comments
relating to this amendment as it has been
ihanged in order to deal with the problems
which he felt might occur if this had been
offered as a straight amendment to become
effective immediately.
Mr. BARRETT. Will the gentleman
yield?
Mr. DAVIS of Wisconsin. I am happy
o yield to the chairman of the subcom-
mittee.
Mr. BARRETT. I will say to the
gentleman in the first place that I did not
et a copy of the amendment which you
lave submitted here. Second, I would
.ave to oppose it—and I think the
entleman would agree—on the basis that
[p. 39823]
our amendment, as I observed it as read
y the Clerk, is to take effect in 1971.
Mr. DAVIS of Wisconsin. At the
eginning of the new fiscal year.
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414
LEGAL COMPILATION—SOLID WASTE
Mr. BARRETT. Yes. Of course, you
and I talked about it, and I was certainly
grateful for the way you informed me anc
your splendid cooperation. I am not able
to say whether this would distort the
contractual agreements made up unti
1972. I do think, if we were able to sit
down together, a few of us, in the next
Congress and rationalize it and have a
hearing on this, we could do the job more
effectively, because money would be
allocated for 1972 and by that time all ol
the public housing authorities throughoul
the country would be properly advised
By 1973 you will have to come through
the normal appropriation procedures.
I would be grateful to the gentleman
if he will withdraw that amendment and
let us do it next year in harmony with our
committee and the House.
Mr. DAVIS of Wisconsin. I hesitate
to accede to this suggestion, because, as
the gentleman will recall, we did have a
colloquy relating to it 2 years ago. At
that tune the gentleman did indicate his
concern but said that in principle he was
not opposed to it. My only concern is not
to interfere with outgoing commitments
that may have been or would be made
during the current fiscal year. However, I
do feel the principle of putting the annual
surveillance of these contributions under
the proper subcommittee of the Committee
on Appropriations is very important in
order that we may have a balanced housing
program. I say this since all of the other
major housing programs do come under
this annual review and it is not possible to
attempt to compare the effectiveness of the
various programs when one program, and a
large and expanded one, sits outside of
that annual surveillance by the ap-
propriate subcommittee of the Committee
on Appropriations. I would not object if
the gentleman would feel it proper to
defer the effective date of this until
July 1, 1972, if he felt that this would
avoid any embarrassment on the basis of
commitments that have been made, but I
do think it is important that the principle
be established.
The CHAIRMAN. The time of the
gentleman has expired.
(By unanimous consent, Mr. Davis of
Wisconsin was allowed to proceed for 2
additional minutes.)
Mr. BARRETT. Mr. Chairman, if the
gentleman will yield further, I think that,
due to the nature of the statement by the
gentleman from Wisconsin in 1968, the
gentleman from Pennsylvania was quite
opposed to the amendment for the simple
reason that we were in a crisis then
throughout the country in that housing
was badly needed. As the gentleman will
recall, we have a need across the country
for a minimum in the next decade for 26
million homes or houses which were badly
needed.
However, at this tune I am concerned
that the gentleman's amendment may
distort the negotiations and the con-
tractual procedures by the housing
authorities. If the gentleman suggests now
that we do this on the premise that we
bring it into the housing bill for 1972, I
think that would be more adequate in
order to give us time to get their homes
in order so that they would know that
they could not enter into contracts with-
out knowing what money was appro-
priated.
Mr. DAVIS of Wisconsin. Would not
;he gentleman from Pennsylvania feel
;hat after the effective date of July 1,
1972, this would avoid any embarrassment
with reference to outstanding commit-
ments and would provide the time and
notice that would be required in connec-
;ion with it?
Mr. BARRETT. Mr. Chairman, if the
jentleman will yield further, I would say
.hat we would not have the opportunity
;o contact all of the housing authori-
;ies
The CHAIRMAN. The time of the
gentleman from Wisconsin has again ex-
pired.
(By unanimous consent (at the request
if Mr. BARRETT) Mr. DAVIS of Wisconsin
was allowed to proceed for 2 additional
minutes.)
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STATUTES AND LEGISLATIVE HISTORY
415
Mr. BARRETT. Mr. Chairman, will the
gentleman yield further?
Mr. DAVIS of Wisconsin. Yes, I yield
further to the gentleman from Pennsyl-
vania.
Mr. BARRETT. I do think that on the
basis on which the gentleman is putting
it now we should agree to let it go over
until the next Congress so that we can sit
down and rationalize with the members
of the housing authorities throughout
the country and the Department of
Housing and Urban Development here and
tell them that by 1973 they will have to go
through the normal procedure on ap-
propriations. I think we can work it out
that way and everyone would be happy.
Therefore, I am hopeful that the gentle-
man from Wisconsin will withdraw his
amendment.
The CHAIRMAN. The time of the
gentleman from Wisconsin has again
expired.
Mr. BARRETT. Mr. Chairman, I move
to strike the requisite number of words.
Mr. Chairman, I was wondering if the
gentleman from Wisconsin (Mr. DAVIS)
desires to withdraw his amendment at this
time and let us deal with this matter at a
later date and properly discuss this matter
sensibly across the table before we com-
plicate any contractual agreements.
Mr. DAVIS of Wisconsin. Mr. Chair-
man, will the gentleman yield?
Mr. BARRETT. I shall be happy to
yield to the gentleman from Wisconsin.
Mr. DAVIS of Wisconsin. Mr. Chair-
man, with the gentleman's assurance that
prior to July 1, 1971, there will be an
opportunity to reevaluate this matter so
that we can attempt to arrive at a pattern
that is consistent for the funding of all the
HUD housing programs, I would be
willing to defer this matter until such time
early next year, if we have the agreement
of the gentleman that this will be done
within the next 7 months.
Mr. BARRETT. I thank the gentleman
very much.
Mr. DAVIS of Wisconsin. Mr. Chair-
man, I ask unanimous consent to withdraw
my amendment.
The CHAIRMAN. Is there objection to
the request of the gentleman from Wis-
consin?
There was no objection.
[p. 39824]
1.3p (4)(b) Dec. 8: Amended and passed Senate, p. 40459
[No Relevant Discussion on Pertinent Section]
1.3p (4)(c) Dec. 18: Senate agrees to conference report, p. 42438
[No Relevant Discussion on Pertinent Section]
1.3p (4)(d) Dec. 19: House agrees to conference report, p. 42638
[No Relevant Discussion on Pertinent Section]
-------
1.4 DEFINITION OF EXECUTIVE AGENCY
5 U.S.C. §105
5 § 105. Executive agency
For the purpose of this title, "Executive agency" means an
Executive department, a Government corporation, and an inde-
pendent establishment. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 379.
416
-------
STATUTES AND LEGISLATIVE HISTORY 417
1.4a DEFINITION OF EXECUTIVE AGENCY
September 6,1966, P.L. 89-554, 80 Stat. 379
§105. Executive agency
For the purpose of this title, "Executive agency" means an Executive
department, a Government corporation, and an independent establish-
ment.
[p. 379]
1.4a (1) HOUSE COMMITTEE ON THE JUDICIARY
H.R. REP. No. 901, 89th Cong., 1st Sess. (1965)
TITLE 5, UNITED STATES CODE, "GOVERNMENT
ORGANIZATION AND EMPLOYEES"
JULY 21, 1966.—Ordered to be printed
Mr. ERVIN, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 10104]
The Committee on the Judiciary, to which was referred the bill (H.R.
10104), to enact title 5, United States Code, "Government Organization
and Employees," codifying the general and permanent laws relating to
the organization of the Government of the United States and to its
civilian officers and employees, having considered the same, reports
favorably thereon, with amendments, and recommends that the bill,
H.R. 10104, as amended, do pass.
[p. 1]
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418 LEGAL COMPILATION—SOLID WASTE
CHAPTER 3—POWERS
Sec.
301. Departmental regulations.
302. Delegation of authority.
303. Oaths to witnesses.
304. Subpenas.
305. Systematic agency review of operations.
SECTION 301
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 22 R.S. § 161.
Aug. 12, 1958, Pub. L. 85-619, 72
Stat. 547.
The words "Executive department" are substituted for "department"
as the definition of "department" applicable to this section is coextensive
with the definition of "Executive department" in section 101. The words
"not inconsistent with law" are omitted as surplusage as a regulation
which is inconsistent with law is invalid.
[p. 23]
1.4a (2) SENATE COMMITTEE ON THE JUDICIARY
S. REP. No. 1380, 89th Cong., 2d Sess. (1966)
TITLE 5, UNITED STATES CODE, "GOVERNMENT
ORGANIZATION AND EMPLOYEES"
AUGUST 31, 1965.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. WILLIS, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 10104]
The Committee on the Judiciary, to whom was referred the bill (H.R.
10104) to enact Title 5, United States Code, "Government Organization
-------
STATUTES AND LEGISLATIVE HISTORY 419
and Employees," codifying the general and permanent laws relating to
the organization of the Government of the United States and to its
civilian officers and employees, having considered the same, report
favorably thereon without amendment and recommend that the bill do
pass.
[p. 1]
SECTION 105
The section is supplied to avoid the necessity for defining "Executive
agency" each time it is used in this title.
[p. 6]
1.4a (3) CONGRESSIONAL RECORD, VOL. 112 (1966)
1.4a (3)(a) July 25: Passed Senate, pp. 17010-17011
[No Relevant Discussion on Pertinent Section]
1.4a (3)(b) Aug. 11: Passed House, p. 19077
[No Relevant Discussion on Pertinent Section]
-------
1.5 THE DAVIS-BACON ACT, AS AMENDED
40 U.S.C. §§276a—276a-5
(See "General 1.13a-1.13h" for legislative history)
§ 276a. Rate of wages for laborers and mechanics
(a) The advertised specifications for every contract in excess
of $2,000, to which the United States or the District of Columbia
is a party, for construction, alteration, and/or repair, including
painting and decorating, of public buildings or public works of the
United States or the District of Columbia within the geographical
limits of the States of the Union, or the District of Columbia, and
which requires or involves the employment of mechanics and/or
laborers shall contain a provision stating the minimum wages to
be paid various classes of laborers and mechanics which shall be
based upon the wages that will be determined by the Secretary of
Labor to be prevailing for the corresponding classes of laborers
and mechanics employed on projects of a character similar to the
contract work in the city, town, village, or other civil subdivision
of the State, in which the work is to be performed, or in the Dis-
trict of Columbia if the work is to be performed there; and every
contract based upon these specifications shall contain a stipulation
that the contractor or his subcontractor shall pay all mechanics
and laborers employed directly upon the site of the work, uncondi-
tionally and not less often than once a week, and without subse-
quent deduction or rebate on any account, the full amounts accrued
at time of payment, computed at wage rates not less than those
stated in the advertised specifications, regardless of any contrac-
tual relationship which may be alleged to exist between the con-
tractor or subcontractor and such laborers and mechanics, and
that the scale of wages to be paid shall be posted by the contractor
in a prominent and easily accessible place at the site of the work;
and the further stipulation that there may be withheld from the
contractor so much of accrued payments as may be considered
necessary by the contracting officer to pay to laborers and me-
chanics employed by the contractor or any subcontractor on the
work the difference between the rates of wages required by the
contract to be paid laborers and mechanics on the work and the
rates of wages received by such laborers and mechanics and not
refunded to the contractor, subcontractors, or their agents.
(b) As used in sections 276a to 276a—5 of this title the term
"wages", "scale of wages", "wage rates", "minimum wages", and
"prevailing wages" shall include—
(1) the basic hourly rate of pay; and
(2) the amount of—
(A) the rate of contribution irrevocably made by a
420
-------
STATUTES AND LEGISLATIVE HISTORY 421
contractor or subcontractor to a trustee or to a third
person pursuant to a fund, plan, or program; and
(B) the rate of costs to the contractor or subcontrac-
tor which may be reasonably anticipated in providing
benefits to laborers and mechanics pursuant to an en-
forcible commitment to carry out a financially respon-
sible plan or program which was communicated in writ-
ing to the laborers and mechanics affected,
for medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupa-
tional activity, or insurance to provide any of the foregoing,
for unemployment benefits, life insurance, disability and sick-
ness insurance, or accident insurance, for vacation and holi-
day pay, for defraying costs of apprenticeship or other simi-
lar programs, or for other bona fide fringe benefits, but only
where the contractor or subcontractor is not required by
other Federal, State, or local law to provide any of such
benefits:
Provided, That the obligation of a contractor or subcontractor to
make payment in accordance with the prevailing wage determina-
tions of the Secretary of Labor, insofar as sections 276a to 276a—5
of this title and other Acts incorporating sections 276a to 276a—5
of this title by reference are concerned may be discharged by the
making of payments in cash, by the making of contributions of a
type referred to in paragraph (2) (A), or by the assumption of an
enf orcible commitment to bear the costs of a plan or program of a
type referred to in paragraph (2) (B), or any combination
thereof, where the aggregate of any such payments, contributions,
and costs is not less than the rate of pay described in paragraph
(1) plus the amount referred to in paragraph (2).
In determining the overtime pay to which the laborer or me-
chanic is entitled under any Federal law, his regular or basic
hourly rate of pay (or other alternative rate upon which premium
rate of overtime compensation is computed) shall be deemed to be
the rate computed under paragraph (1), except that where the
amount of payments, contributions, or costs incurred with respect
to him exceeds the prevailing wage applicable to him under sec-
tions 276a to 276a—5 of this title, such regular or basic hourly rate
of pay (or such other alternative rate) shall be arrived at by de-
ducting from the amount of payments, contributions, or costs
actually incurred with respect to him, the amount of contributions
or costs of the types described in paragraph (2) actually incurred
with respect to him, or the amount determined under paragraph
(2) but not actually paid, whichever amount is the greater.
-------
422 LEGAL COMPILATION—SOLID WASTE
Mar. 3, 1931, c. 411, § 1, 46 Stat. 1494; Aug. 30, 1935, c. 825, 49
Stat. 1011; June 15, 1940, c. 373, § 1, 54 Stat. 399; July 12, 1960,
Pub.L. 86-624, § 26, 74 Stat. 418; July 2,1964, Pub.L. 88-349, § 1,
78 Stat. 238.
§ 276a—1. Termination of work on failure to pay agreed wages;
completion of work by Government
Every contract within the scope of section 276a to 276a—5 of
this title shall contain the further provision that in the event it is
found by the contracting officer that any laborer or mechanic em-
ployed by the contractor or any subcontractor directly on the site
of the work covered by the contract has been or is being paid a rate
of wages less than the rate of wages required by the contract to
be paid as aforesaid, the Government may, by written notice to the
contractor, terminate his right to proceed with the work or such
part of the work as to which there has been a failure to pay said
required wages and to prosecute the work to completion by con-
tract or otherwise, and the contractor and his sureties shall be
liable to the Government for any excess costs occasioned the Gov-
ernment thereby.
Mar. 3, 1931, c. 411, § 2, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—2. Payment of wages by Comptroller General from
withheld payments; listing contractors violating contracts
(a) The Comptroller General of the United States is authorized
and directed to pay directly to laborers and mechanics from any
accrued payments withheld under the terms of the contract any
wages found to be due laborers and mechanics pursuant to sections
276a to 276a—5 of this title; and the Comptroller General of the
United States is further authorized and is directed to distribute a
list to all departments of the Government giving the names of per-
sons or firms whom he has found to have disregarded their obliga-
tions to employees and subcontractors. No contract shall be
awarded to the persons or firms appearing on this list or to any
firm, corporation, partnership, or association in which such per-
sons or firms have an interest until three years have elapsed from
the date of publication of the list containing the names of such
persons or firms.
(b) If the accrued payments withheld under the terms of the
contract, as aforesaid, are insufficient to reimburse all the laborers
and mechanics, with respect to whom there has been a failure to
pay the wages required pursuant to section 276a to 276a—5 of this
title, such laborers and mechanics shall have the right of action
and/or of intervention against the contractor and his sureties con-
-------
STATUTES AND LEGISLATIVE HISTORY 423
ferred by law upon persons furnishing labor or materials, and in
such proceedings it shall be no defense that such laborers and me-
chanics accepted or agreed to accept less than the required rate of
wages or voluntarily made refunds.
Mar. 3, 1931, c. 411, § 3, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—3. Effect on other Federal laws
Sections 276a to 276a—5 of this title shall not be construed to
supersede or impair any authority otherwise granted by Federal
law to provide for the establishment of specific wage rates.
Mar. 3, 1931, c. 411, § 4, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—4. Effective date of sections 276a to 276a—5
Sections 276a to 276a—5 of this title shall take effect thirty days
after August 30, 1935, but shall not affect any contract then exist-
ing or any contract that may thereafter be entered into pursuant
to invitations for bids that are outstanding on August 30, 1935.
Mar. 3, 1931, c. 411, § 5, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—5. Suspension of sections 276a to 276a—5 during
emergency
In the event of a national emergency the President is authorized
to suspend the provisions of sections 276a to 276a—5 of this title.
Mar. 3, 1931, c. 411, § 6, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
-------
1.6 REORGANIZATION PLAN NO. 14 OF 1950
64 Stat. 1267 (1950)
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, March 13, 1950, pursuant to the
provisions of the Reorganization Act of 1949, approved June 20, 1949.
LABOR STANDARDS ENFORCEMENT
In order to assure coordination of administration and consist-
ency of enforcement of the labor standards provisions of each of
the following Acts by the Federal agencies responsible for the
administration thereof, the Secretary of Labor shall prescribe
appropriate standards, regulations, and procedures, which shall
be observed by these agencies, and cause to be made by the Depart-
ment of Labor such investigations, with respect to compliance
with and enforcement of such labor standards, as he deems desir-
able, namely: (a) The Act of March 3, 1931 (46 Stat. 1494, ch.
411), as amended; (b) the Act of June 13, 1934 (48 Stat. 948, ch.
482) ; (c) the Act of August 1, 1892 (27 Stat. 340, ch. 352), as
amended; (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as
amended; (e) the Act of June 3, 1939 (53 Stat. 804, ch. 175), as
amended; (f) the Act of August 13, 1946 (60 Stat. 1040, ch. 958) ;
(g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended;
and (h) the Act of July 15, 1949, ch. 338, Public Law 171, 81st
Congress, First Session.
424
-------
1.7 REGULATIONS GOVERNING CONTRACTORS AND
SUBCONTRACTORS, AS AMENDED
40 U.S.C. §276c
40 § 276c. Regulations governing contractors and subcontractors
The Secretary of Labor shall make reasonable regulations for con-
tractors and subcontractors engaged in the construction, prosecu-
tion, completion or repair of public buildings, public works or
buildings or works financed in whole or in part by loans or grants
from the United States, including a provision that each contractor
and subcontractor shall furnish weekly a statement with respect
to the wages paid each employee during the preceding week. Sec-
tion 1001 of Title 18 shall apply to such statements.
June 13, 1934, c. 482, § 2, 48 Stat. 948; May 24, 1949, c. 139,
§ 134, 63 Stat. 108; Aug. 28,1958, Pub.L. 85-800, § 12, 72 Stat. 967.
425
-------
426 LEGAL COMPILATION—SOLID WASTE
1.7a RATES OF PAY FOR LABOR
June 13,1934, P.L. 73-325, §2, 48 Stat. 948
SEC. 2. To aid in the enforcement of the above section, the Secretary
of the Treasury and the Secretary of the Interior jointly shall make
reasonable regulations for contractors or subcontractors on any such
building or work, including a provision that each contractor and sub-
contractor shall furnish weekly a sworn affidavit with respect to the
wages paid each employee during the preceding week.
[p. 948]
1.7a (1) SENATE COMMITTEE ON THE JUDICIARY
S. REP. No. 803, 73d Cong., 2d Sess. (1934)
TO PREVENT EVASION OF CERTAIN STATUTES CON-
CERNING RATES OF PAY FOR LABOR
APRIL 17 (calendar day, APRIL 23), 1934.—Ordered to be printed
Mr. STEPHENS, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany S. 3041]
The Committee on the Judiciary, having had under consideration
the bill (S. 3041) to effecuate the purpose of certain statutes concerning
rates of pay for labor, by making it unlawful to prevent anyone from
receiving the compensation contracted for thereunder, and for other
purposes, reports the same favorably to the committee and recommends
that the bill do pass, with the following amendments:
On page 2, line 2, immediately after the sign "$", insert the figures
"5,000".
On page 2, line 2, immediately after the words "or imprisoned not
more than", insert the word "five".
On page 2, line 5, immediately after the word "Treasury", insert
the words "and the Secretary of the Interior jointly".
Hearings of the Senate Committee on Racketeering revealed that
large sums of money have been extracted from the pockets of American
-------
STATUTES AND LEGISLATIVE HISTORY 427
labor, to enrich contractors, subcontractors, and their officials. In the
language of one of the great leaders of labor:
It has been a common practice for contractors constructing Federal buildings to
pay the employees the prevailing rate as determined by the Secretary of Labor and
then have them return a certain amount to the contractor. That is a most vicious
practice.
The purpose of the last amendment above set out is to make the
legislation apply to P.W.A. grants.
[p. 1]
1.7a (2) HOUSE COMMITTEE ON THE JUDICIARY
H.R. REP. No. 1750, 73d Cong., 2d Sess. (1934)
TO EFFECTUATE THE PURPOSE OF CERTAIN STATUTES CON-
CERNING RATES OF PAY FOR LABOR, BY MAKING IT
UNLAWFUL TO PREVENT ANYONE FROM RECEIVING THE
COMPENSATION CONTRACTED FOR THEREUNDER, AND
FOR OTHER PURPOSES
MAY 23, 1934.—Referred to the House Calendar and ordered to be printed
Mr. SUMNERS of Texas, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany S. 3041]
The Committee on the Judiciary, to whom was referred the bill (S.
3041) to effectuate the purpose of certain statutes concerning rates of
pay for labor, by making it unlawful to prevent anyone from receiving
the compensation contracted for thereunder, and for other purposes,
after consideration, report the same favorably to the House with the
recommendation that the bill do pass.
This bill is aimed at the suppression of the so-called "kick-back racket"
by which a contractor on a Government project pays his laborers wages
at the rate the Government requires him to pay them, but thereafter
forces them to give back to him a part of the wages they have received.
The maximum penalty prescribed for violation of the bill which prohibits
this practice is a fine of $5,000 or imprisonment for 5 years, or both.
-------
428 LEGAL COMPILATION—SOLID WASTE
The Administrator of Public Works has urged the passage of this
proposed legislation in the following letter to the Chairman of the Com-
mittee on the Judiciary:
FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS,
Washington, May 8, 19S4.
Hon. H. W. STJMNERS,
Chairman of the Judiciary Committee,
House of Representatives, Washington, D.C.
MY DEAR JUDGE SUMNERS: It has come to my attention that bill S. 3041 has passed
the Senate and is now under consideration by your committee. This bill makes a mis-
demeanor the inducing, by any manner whatsoever, of a "kick-back" from wages
received pursuant to a contract of employment on any project financed in whole or in
part with Federal funds.
I wish to impress you with the urgent need of this legislation to prevent a very
prevalent evil in the construction industry which, to the extent that it exists on Public
Works projects, defeats the purpose of title II of the National Industrial Recovery Act
and the success of our Public Works program.
Sincerely yours,
HAROLD L. ICKES, Administrator.
[p. 1]
1.7a (3) CONGRESSIONAL RECORD, VOL. 78 (1934)
1.7a (3)(a) April 20: Passed Senate, p. 7401
[No Relevant Discussion on Pertinent Section]
1.7a (3)(b) June 7: Passed House, p. 10759
[No Relevant Discussion on Pertinent Section]
1.7b ACT TO AMEND TITLE XVIII, TITLE XXVIII, AND
OTHER PURPOSES
May 24, 1949, P.L. 81-72, §134, 63 Stat. 108
SEC. 134. Section 2 of the Act of June 13, 1934 (chapter 482, 48 Stat.
948; 40 U.S.C., § 276c) is amended to read as follows:
"The Secretary of Labor shall make reasonable regulations for con-
tractors and subcontractors engaged in the construction, prosecution,
completion or repair of public buildings, public works or buildings or
works financed hi whole or in part by loans or grants from the United
States, including a provision that each contractor and subcontractor
shall furnish weekly a sworn affidavit with respect to the wages paid
each employee during the preceding week.".
[p. 108]
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STATUTES AND LEGISLATIVE HISTORY 429
1.7b (1) HOUSE COMMITTEE ON THE JUDICIARY
H.R. REP. No. 352, 81st Cong., 1st Sess. (1949)
AMENDMENT OF TITLE 18 AND TITLE 28, UNITED STATES
CODE
MARCH 30, 1949.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. BRYSON, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H. R. 3762]
The Committee on the Judiciary, to whom was referred the bill (H.R.
3762) to amend title 18, entitled "Crimes and Criminal Procedure,"
and title 28, entitled "Judiciary and Judicial Procedure," of the United
States Code, and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill do
pass.
The bill incorporates in titles 18 and 28 of the United States Code,
legislation which was enacted in the latter part of the second session of
the Eightieth Congress, either just before or subsequent to the enactment
of the revision of those titles on June 25, 1948. It corrects typographical
and other minor errors, and clarifies the language of some sections to
conform more closely to the original law, or the remove ambiguities
which have been discovered. The bill also substitutes corrected phraseology
in sections relating to the armed forces to conform to the reorganization
of such forces; makes changes of nomenclature in other titles of the code
to conform to new title 28; amends the section prescribing procedure
for the removal of cases from State courts so as to make it fit the diverse
procedural laws of the various States; and repeals inconsistent and super-
seded laws.
[p.l]
SECTION 134 OF BILL
This section restates section 2 of the 1934 kick-back statute to eliminate
reference to section 1 of that act which is now section 874 of title 18,
-------
430 LEGAL COMPILATION—SOLID WASTE
U. S. C., and to conform to Reorganization Plan No. IV, § 9, eff., June
30, 1940 (5 F.R. 2421, 54 Stat. 1236).
[p. 21]
Act June 13, 1934, ch. 482, § 2, 48 Stat. 948 (40 U.S.C. § 276c) (see sec.
134 of bill)
Comparative text.—
The Secretary of Labor shall make reasonable regulations for contractors and subcon-
tractors engaged in the construction, prosecution, completion or repair of public buildings,
public works or buildings or works financed in whole or in part by loans or grants from the
United States. [To aid in the enforcement of the above section, the Secretary of the
Treasury and the Secretary of the Interior jointly shall make reasonable regulations for
contractors or subcontractors on any such building or work,] including a provision that
each contractor and subcontractor shall furnish weekly a sworn affidavit with respect
to the wages paid each employee during the preceding week.
[p. 53]
1.7b (2) SENATE COMMITTEE ON THE JUDICIARY
S. REP. No. 303, 81st Cong., 1st Sess. (1949)
AMENDMENT OF TITLE 18 AND TITLE 28, UNITED STATES
CODE
APRIL 26 (legislative day, APRIL 11), 1949.—Ordered to be printed
Mr. O'CoNOK, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H. R. 3762]
The Committee on the Judiciary, to whom was referred the bill (H.R.
3762) to amend title 18, entitled, "Crimes and Criminal Procedure,"
and title 28, entitled, "Judiciary and Judicial Procedure," of the United
States Code, and for other purposes, having considered the same, report
favorably thereon, with amendments, and recommend that the bill, as
amended, do pass.
[p. 1]
-------
STATUTES AND LEGISLATIVE HISTORY 431
1.7b (3) CONGRESSIONAL RECORD, VOL. 95 (1949)
1.7b (3)(a) April 14: Passed House, p. 3819
[No Relevant Discussion on Pertinent Section]
1.7b (3)(b) May 6: Amended and passed Senate, p. 5826
[No Relevant Discussion on Pertinent Section]
1.7b (3)(c) May 18: House concurs in Senate amendments, p. 6283
[No Relevant Discussion on Pertinent Section]
1.7c SMALL BUSINESS PROCUREMENT PROCEDURES ACT
August 28, 1958, P.L. 85-800, §12, 72 Stat. 967
SEC. 12. Section 2 of the Act of June 13,1934 (48 Stat. 948), as amended
(40 U.S.C. 276c), is amended further—
(a) by striking out "sworn affidavit" and substituting therefor
"statement"; and
(b) by adding at the end thereof the following sentence: "Section
1001 of title 18 of the United States Code (Criminal Code and
Criminal Procedure) shall apply to such statements."
[p. 967]
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432 LEGAL COMPILATION—SOLID WASTE
1.7c (1) SENATE COMMITTEE ON GOVERNMENT
OPERATIONS
S. REP. No. 2201, 85th Cong., 2d Sess. (1958)
IMPROVING OPPORTUNITIES FOR SMALL BUSINESS CON-
CERNS TO OBTAIN A FAIR PROPORTION OF GOVERNMENT
PURCHASES AND CONTRACTS, TO FACILITATE PROCURE-
MENT OF PROPERTY AND SERVICES BY THE GOVERN-
MENT, AND FOR OTHER PURPOSES
AUGUST 5, 1958.—Ordered to be printed
Mr. McCtELLAN, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany S. 3224]
The Committee on Government Operations, to whom was referred
the bill (S. 3224) to improve opportunities for small business concerns to
obtain a fair proportion of Government purchases and contracts, to
facilitate procurement of property and services by the Government,
and for other purposes, having considered the same, report favorably
thereon with amendments, and recommend that the bill, as amended,
do pass.
[P-1]
Section 1%: Section 12 would amend the Copeland (Anti-Kickback)
Act to simplify the filing of payroll information by contractors and sub-
contractors in connection with construction contracts made or financed
by the Government.
Section 12 (a) would authorize their furnishing a "statement" of
wages paid employees during the preceding week instead of a "sworn
affidavit" with respect thereto. Removal of the statutory requirement
for the affidavit will permit simplification of enforcement procedures.
Section 12 (V) would apply the provisions and penalties of section 1001
of title 18, United States Code, to the filing of these statements. Hence,
the criminal law will apply to false statements as it does to false affidavits.
-------
STATUTES AND LEGISLATIVE HISTORY 433
The anti-kickback provision of the Copeland Act will continue to be
protected by the criminal law (18 U.S.C. 874).
[p. 9]
TITLE 40, UNITED STATES CODE, SECTION 276c
SEC. 276c. Same; regulations governing contractors and subcontractors.
The Secretary of Labor shall make reasonable regulations for con-
tractors and subcontractors engaged in the construction, prosecution,
completion or repair of public buildings, public works or buildings or
works financed in whole or in part by loans or grants from the United
States, including a provision that each contractor and subcontractor
shall furnish weekly a [sworn affidavit] statement with respect to the
wages paid each employee during the preceding week. Section 1001 of
title 18 of the United States Code (Criminal Code and Criminal Procedure)
shall apply to such statements. (June 13, 1934, ch. 482, § 2, 48 Stat. 948;
1940 Reorg. Plan No. IV, § 9, 5 F. R. 2421, 54 Stat. 1236; May 24,1949,
ch. 139, § 134, 63 Stat. 108.)
[p. 25]
1.7c (2) CONGRESSIONAL RECORD, VOL. 104 (1958)
1.7c (2)(a) Aug. 14: Passed Senate, p. 17539
[No Relevant Discussion on Pertinent Section]
1.7c (2)(b) Aug. 15: Passed House, p. 17908
[No Relevant Discussion on Pertinent Section]
1.8 AMORTIZATION OF POLLUTION CONTROL FACILITIES
As amended, 26 U.S.C. §169 (1969)
(See "General 1.4-1.4a (5) (c)" for text and legislative history)
AMORTIZATION OF POLLUTION CONTROL FACILITIES
§169. Amortization of pollution control facilities
(a) Allowance of deduction.—Every person, at his election, shall
be entitled to a deduction with respect to the amortization of the amor-
tizable basis of any certified pollution control facility (as defined in sub-
section (d)), based on a period of 60 months. Such amortization deduction
shall be an amount, with respect to each month of such period within the
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434 LEGAL COMPILATION—SOLID WASTE
taxable year, equal to the amortizable basis of the pollution control
facility at the end of such month divided by the number of months (in-
cluding the month for which the deduction is computed) remaining in
the period. Such amortizable basis at the end of the month shall be com-
puted without regard to the amortization deduction for such month.
The amortization deduction provided by this section with respect to
any month shall be in lieu of the depreciation deduction with respect to
such pollution control facility for such month provided by section 167.
The 60-month period shall begin, as to any pollution control facility, at
the election of the taxpayer, with the month following the month in
which such facility was completed or acquired, or with the succeeding
taxable year.
(b) Election of amortization.—The election of the taxpayer to take
the amortization deduction and to begin the 60-month period with the
month following the month in which the facility is completed or acquired,
or with the taxable year succeeding the taxable year in which such
facility is completed or acquired, shall be made by filing with the Secre-
tary or his delegate, in such manner, in such form, and within such time,
as the Secretary or his delegate may by regulations prescribe, a statement
of such election.
(c) Termination of amortization deduction.—A taxpayer which
has elected under subsection (b) to take the amortization deduction pro-
vided in subsection (a) may, at any time after making such election,
discontinue the amortization deduction with respect to the remainder
of the amortization period, such discontinuance to begin as of the be-
ginning of any month specified by the taxpayer in a notice in writing
filed with the Secretary or his delegate before the beginning of such
month. The depreciation deduction provided under section 167 shall be
allowed, beginning with the first month as to which the amortization
deduction does not apply, and the taxpayer shall not be entitled to any
further amortization deduction under this section with respect to such
pollution control facility.
(d) Definitions.—For purposes of this section—
(1) Certified pollution control facility.—The term "certified
pollution control facility" means a new identifiable treatment fa-
cility which is used, in connection with a plant or other property in
operation before January 1, 1969, to abate or control water or
atmospheric pollution or contamination by removing, altering, dis-
posing, or storing of pollutants, contaminants, wastes, or heat and
which—
(A) the State certifying authority having jurisdiction with
respect to such facility has certified to the Federal certifying
authority as having been constructed, reconstructed, erected,
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STATUTES AND LEGISLATIVE HISTORY 435
or acquired in conformity with the State program or require-
ments for abatement or control of water or atmospheric pollu-
tion or contamination; and
(B) the Federal certifying authority has certified to the
Secretary or his delegate (i) as being in compliance with the
applicable regulations of Federal agencies and (ii) as being in
furtherance of the general policy of the United States for co-
operation with the States in the prevention and abatement of
water pollution under the Federal Water Pollution Control
Act, as amended (33 U.S.C. 466 et seq.), or in the prevention
and abatement of atmospheric pollution and contamination
under the Clean Air Act, as amended (42 U.S.C. 1857 et seq.).
(2) State certifying authority.—The term "State certifying
authority" means, in the case of water pollution, the State water
pollution control agency as denned in section 13 (a) of the Federal
Water Pollution Control Act and, in the case of air pollution, the
air pollution control agency as denned in section 302 (b) of the
Clean Air Act. The term "State certifying authority" includes any
interstate agency authorized to act in place of a certifying authority
of the State.
(3) Federal certifying authority.—The term "Federal certi-
fying authority" means, in the case of water pollution, the Secre-
tary of the Interior and, in the case of air pollution, the Secretary
of Health, Education, and Welfare.
(4) New identifiable treatment facility.—For purposes of
paragraph (1), the term "new identifiable treatment facility" in-
cludes only tangible property (not including a building and its
structural components, other than a building which is exclusively
a treatment facility) which is of a character subject to the allowance
for depreciation provided in section 167, which is identifiable as a
treatment facility, and which—
(A) is property—
(i) the construction, reconstruction, or erection of which
is completed by the taxpayer after December 31, 1968, or
(ii) acquired after December 31, 1968, if the original
use of the property commences with the taxpayer and
commences after such date, and
(B) is placed in service by the taxpayer before January 1,
1975.
In applying this section in the case of property described in clause
(i) of subparagraph (A), there shall be taken into account only that
portion of the basis which is properly attributable to construction,
reconstruction, or erection after December 31, 1968.
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436 LEGAL COMPILATION—SOLID WASTE
(e) Profitmaking abatement works, etc.—The Federal certifying
authority shall not certify any property under subsection (d) (1) (B)
to the extent it appears that by reason of profits derived through the
recovery of wastes or otherwise in the operation of such property, its
costs will be recovered over its actual useful life.
(f) Amortizable basis.—
(1) Defined.—For purposes of this section, the term "amortiza-
ble basis" means that portion of the adjusted basis (for determining
gain) of a certified pollution control facility which may be amortized
under this section.
(2) Special rules.—
(A) If a certified pollution control facility has a useful life
(determined as of the first day of the first month for which a
deduction is allowable under this section) in excess of 15 years,
the amortizable basis of such facility shall be equal to an amount
which bears the same ratio to the portion of the adjusted basis
of such facility, which would be eligible for amortization but
for the application of this subparagraph, as 15 bears to the
number of years of useful life of such facility.
(B) The amortizable basis of a certified pollution control
facility with respect to which an election under this section is
in effect shall not be increased, for purposes of this section, for
additions or improvements after the amortization period has
begun.
(g) Depreciation deduction.—The depreciation deduction provided
by section 167 shall, despite the provisions of subsection (a), be allowed
with respect to the portion of the adjusted basis which is riot the amortiza-
ble basis.
(h) Repealed. Pub.L. 92-178, Title I, §104(f)(2), Dec. 10, 1971,
85 Stat. 502.
(i) Life tenant and remainderman.—In the case of property held
by one person for life with remainder to another person, the deduction
under this section shall be computed as if the life tenant were the absolute
owner of the property and shall be allowable to the life tenant.
(j) Cross reference.—
For special rule with respect to certain gain derived
from the disposition of property the adjusted basis of
which is determined with regard to this section, see sec-
tion 1245.
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STATUTES AND LEGISLATIVE HISTORY 437
Aug. 16, 1954, c. 736, 68A Stat. 55, added Pub.L. 91-172, Title VII,
§704(a), Dec. 30, 1969, 83 Stat. 667; amended Pub.L. 92-178, Title I,
§104(f)(2), Dec. 10, 1971, 85 Stat. 502.
1.9 INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
As amended, 26 U.S.C. §103 (1969)
(See "General 1.9-1.9d (4) (d)" for text and legislative history)
INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
§103. Interest on certain governmental obligations
(a) General rule.—Gross-income does not include interest on—
(1) the obligations of a State, a Territory, or a possession of the
United States, or any political subdivision of any of the foregoing,
or of the District of Columbia;
(2) the obligations of the United States; or
(3) the obligations of a corporation organized under Act of
Congress, if such corporation is an instrumentality of the United
States and if under the respective Acts authorizing the issue of the
obligations the interest is wholly exempt from the taxes imposed by
this subtitle.
(b) Exception.—Subsection (a) (2) shall not apply to interest on
obligations of the United States issued after September 1, 1917 (other
than postal savings certificates of deposit, to the extent they represent
deposits made before March 1, 1941), unless under the respective Acts
authorizing the issuance thereof such interest is wholly exempt from the
taxes imposed by this subtitle.
(c) Industrial development bonds.—
(1) Subsection (a) (1) not to apply.—Except as otherwise pro-
vided in this subsection, any industrial development bond shall be
treated as an obligation not described in subsection (a) (1).
(2) Industrial development bond.—For purposes of this sub-
section, the term "industrial development bond" means any obli-
gation—
(A) which is issued as part of an issue all or a major portion
of the proceeds of which are to be used directly or indirectly
in any trade or business carried on by any person who is not an
exempt person (within the meaning of paragraph (3)), and
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438 LEGAL COMPILATION—SOLID WASTE
(B) the payment of the principal or interest on which (under
the terms of such obligation or any underlying arrangement)
is, in whole or in major part—
(i) secured by any interest in property used or to be
used in a trade or business or in payments in respect of
such property, or
(ii) to be derived from payments in respect of property,
or borrowed money, used or to be used in a trade or business.
(3) Exempt person.—For purposes of paragraph (2) (A), the
term "exempt person" means—
(A) a governmental unit, or
(B) an organization described in section 501 (c) (3) and
exempt from tax under section 501 (a) (but only with respect
to a trade or business carried on by such organization which is
not an unrelated trade or business, determined by applying
section 513(a) to such organization).
(4) Certain exempt activities.—Paragraph (1) shall not ap-
ply to any obligation which is issued as part of an issue substantially
all of the proceeds of which are to be used to provide—
(A) residential real property for family units,
(B) sports facilities,
(C) convention or trade show facilities,
(D) airports, docks, wharves, mass commuting facilities,
parking facilities, or storage for training facilities directly re-
lated to any of the foregoing,
(E) sewage or solid waste disposal facilities or facilities for
the local furnishing of electric energy or gas,
(F) air or water pollution control facilities, or
(G) facilities for the furnishing of water, if available on
reasonable demand to members of the general public.
(5) Industrial parks.—Paragraph (1) shall not apply to any
obligation issued as part of an issue substantially all of the proceeds
of which are to be used for the acquisition or development of land
as the site for an industrial park. For purposes of the preceding
sentence, the term "development of land" includes the provision of
water, sewage, drainage, or similar facilities, or'of transportation,
power, or communication facilities, which are incidential to use of
the site as an industrial park, but, except with respect to such fa-
cilities, does not include the provision of structures or buildings.
(6) Exemption for certain small issues.—
(A) In general.—Paragraph (1) shall not apply to any
obligation issued as part of an issue the aggregate authorized
face amount of which is $1,000,000 or less and substantially
all of the proceeds of which are to be used (i) for the acquisition,
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STATUTES AND LEGISLATIVE HISTORY 439
construction, reconstruction, or improvement of land or property
of a character subject to the allowance for depreciation, or (ii)
to redeem part or all of a prior issue which was issued for pur-
poses described in clause (i) or this clause.
(B) Certain prior issues taken into account.—If—
(i) the proceeds of two or more issues of obligations
(whether or not the issuer of each such issue is the same)
are or will be used primarily with respect to facilities
located in the same incorporated municipality or located
in the same county (but not in any incorporated munici-
pality),
(ii) the principal user of such facilities is or will be the
same person or two or more related persons, and
(iii) but for this subparagraph, subparagraph (A) would
then apply to each such issue,
then, for purposes of subparagraph (A), in determining the
aggregate face amount of any later issue there shall be taken
into account the face amount of obligations issued under all
prior such issues and outstanding at the time of such later issue
(not including as outstanding any obligation which is to be re-
deemed from the proceeds of the later issue).
(C) Related persons.—For purposes of this paragraph and
paragraph (7), a person is a related person to another person if—
(i) the relationship between such persons would result
in a disallowance of losses under section 267 or 707 (b), or
(ii) such persons are members of the same controlled
group of corporations (as denned in section 1563(a), except
that "more than 50 percent" shall be substituted for "at
least 80 percent" each place it appears therein).
(D) $5,000,000 limit in certain cases.—At the election of
the issuer, made at such time and in such manner as the Secre-
tary or his delegate shall by regulations prescribe, with respect
to any issue this paragraph shall be applied—
(i) by substituting "$5,000,000" for "$1,000,000" in
subparagraph (A), and
(ii) in determining the aggregate face amount of such
issue, by taking into account not only the amount described
in subparagraph (B), but also the aggregate amount of
capital expenditures with respect to facilities described in
subparagraph (E) paid or incurred during the 6-year period
beginning 3 years before the date of such issue and ending
3 years after such date (and financed otherwise than out
of the proceeds of outstanding issues to which subparagraph
(A) applied), as if the aggregate amount of such capital
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440 LEGAL COMPILATION—SOLID WASTE
expenditures constituted the face amount of a prior out-
standing issue described in subparagraph (B).
(E) Facilities taken into account.—For purposes of sub-
paragraph (D) (ii), the facilities described in this subparagraph
are facilities—
(i) located in the same incorporated municipality or
located in the same county (but not in any incorporated
municipality), and
(ii) the principal user of which is or will be the same
person or two or more related persons.
For purposes of clause (i), the determination of whether or not
facilities are located in the same governmental unit shall be
made as of the date of issue of the issue in question.
(F) Certain capital expenditures not taken into ac-
count.—For purposes of subparagraph (D) (ii), any capital
expenditure—
(i) to replace property destroyed or damaged by fire,
storm, or other casualty, to the extent of the fair market
value of the property replaced.
(ii) required by a change made after the date of issue
of the issue in question in a Federal or State law or local
ordinance of general application or required by a change
made after such date in rules and regulations of general
application issued under such a law or ordinance, or
(iii) required by circumstances which could not be
reasonably foreseen on such date of issue or arising out of a
mistake of law or fact (but the aggregate amount of ex-
penditures not taken into account under this clause with
respect to any issue shall not exceed $250,000),
shall not be taken into account.
(G) Limitation on loss of tax exemption.—In subpara-
graph (D) (ii) with respect to capital expenditures made after
the date of any issue, no obligation issued as a part of such
issue shall be treated as an obligation not described in subsec-
tion (a) (1) by reason of any such expenditure for any period
before the date on which such expenditure is paid or incurred.
(H) Certain refinancing issues.—In the case of any issue
described in subparagraph (A) (ii), an election may be made
under subparagraph (D) only if all of the prior issues being
redeemed are issued to which subparagraph (A) applies. In
applying subparagraph (D) (ii) with respect to such a refinanc-
ing issue, capital expenditures shall be taken into account only
for purposes of determining whether the prior issues being re-
-------
STATUTES AND LEGISLATIVE HISTORY 441
deemed qualified (and would have continued to qualify) under
subparagraph (A).
(7) Exception.—Paragraphs (4), (5), and (6) shall not apply
with respect to any obligation for any period during which it is held
by a person who is a substantial user of the facilities or a related
person.
(d) Arbitrage bonds.—
(1) Subsection (a) (1) not to apply.—Except as provided in
this subsection, any arbitrage bond shall be treated as an obligation
not described in subsection (a) (1).
(2) Arbitrage bond.—For purposes of this subsection, the term
"arbitrage bond" means any obligation which is issued as part of an
issue all or a major portion of the proceeds of which are reasonably
expected to be used directly or indirectly—
(A) to acquire securities (within the meaning of section
165(g) (2) (A) or (B)) or obligations other than obligations
described in subsection (a) (1)) which may be reasonably
expected at the time of issuance of such issue, to produce a
yield over the term of the issue which is materially higher
(taking into account any discount or premium) than the yield
on obligations of such issue, or
(B) to replace funds which were used directly or indirectly
to acquire securities or obligations described in subparagraph
(A).
(3) Exception.—Paragraph (1) shall not apply to any obliga-
tion—
(A) which is issued as part of an issue substantially all of the
proceeds of which are reasonably expected to be used to provide
permanent financing for real property used or to be used for
residential purposes for the personnel of an educational institu-
tion (within the meaning of section 151 (e) (4) which grants
baccalaureate or higher degrees, or to replace funds which were
so used, and
(B) the yield on which over the term of the issue is not rea-
sonably expected, at the time of issuance of such issue, to be
substantially lower than the yield on obligations acquired or
to be acquired in providing such financing.
This paragraph shall not apply with respect to any obligation for
any period during which it is held by a person who is a substantial
user of property financed by the proceeds of the issue of which such
obligation is a part, or by a member of the family (within the mean-
ing of section 318 (a) (1)) of any such person.
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442 LEGAL COMPILATION—SOLID WASTE
(4) Special rules.—For purposes of paragraph (1), an obligation
shall not be treated as an arbitrage bond solely by reason of the fact
that—
(A) the proceeds of the issue of which such obligation is a
part may be invested for a temporary period in securities or
other obligations until such proceeds are needed for the purpose
for which such issue was issued, or
(B) an amount of the proceeds of the issue of which such
obligation is a part may be invested in securities or other obliga-
tions which are part of a reasonably required reserve or replace-
ment fund.
The amount referred to in subparagraph (B) shall not exceed 15
percent of the proceeds of the issue of which such obligation is a part
unless the issuer establishes that a higher amount is necessary.
(5) Regulations.—The Secretary or his delegate shall prescribe
such regulations as may be necessary to carry out the purposes of
this subsection.
(e) Cross references.—
For provisions relating to the taxable status of—
(1) Bonds and certificates of indebtedness authorized
by the First Liberty Bond Act, see sections 1 and 6 of that
Act (40 Stat. 35, 36; 31 U.S.C. 746, 755);
(2) Bonds issued to restore or maintain the gold reserve,
see section 2 of the Act of March 14, 1900 (31 Stat. 46;
31 U.S.C. 408);
(1) Bonds, notes, certificates of indebtedness, and
Treasury bills authorized by the Second Liberty Bond
Act, see sections 4, 5(b) and (d), 7, 18(b), and 22(d) of that
Act, as amended (40 Stat. 290; 46 Stat. 20, 775; 40 Stat.
291, 1310; 55 Stat. 8; 31 U.S.C. 752a, 754, 747, 753, 757c);
(4) Bonds, notes, and certificates of indebtedness of the
United States and bonds of the War Finance Corporation
owned by certain nonresidents, see section 3 of the Fourth
Liberty Bond Act, as amended (40 Stat. 1311, §4; 31
U.S.C. 750);
(5) Certificates of indebtedness issued after February
4, 1910, see section 2 of the Act of that date (36 Stat.
192; 31 U.S.C. 769);
(6) Consols of 1930, see section 11 of the Act of March
14, 1900 (31 Stat. 48; 31 U.S.C. 751);
(7) Obligations and evidences of ownership issued by
the United States or any of its agencies or instrumentali-
ties on or after March 28, 1942, see section 4 of the Public
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STATUTES AND LEGISLATIVE HISTORY 443
Debt Act of 1941, as amended (c. 147, 61 Stat. 180; 31 U.S.C.
742a);
(8) Commodity Credit Corporation obligation, see sec-
tion 5 of the Act of March 8, 1938 (52 Stat. 108; 15 U.S.C.
713a-5);
(9) Debentures issued by Federal Housing Administra-
tor, see sections 204(d) and 207(i) of the National Housing
Act, as amended (52 Stat. 14, 20; 12 U.S.C. 1710, 1713);
(10) Debentures issued to mortgagees by United States
Maritime Commission, see section 1105(c) of the Merchant
Marine Act, 1936, as amended (52 Stat. 972; 46 U.S.C.
1275);
(11) Federal Deposit Insurance Corporation obligations,
see section 15 of the Federal Deposit Insurance Act (64
Stat. 890; 12 U.S.C. 1825);
(12) Federal Home Loan Bank obligations, see section
13 of the Federal Home Loan Bank Act, as amended (49
Stat. 295, §3; 12 U.S.C. 1433);
(13) Federal savings and loan association loans, see
section 5(h) of the Home Owners' Loan Act of 1933, as
amended (48 Stat. 133; 12 U.S.C. 1464);
(14) Federal Savings and Loan Insurance Corporation
obligations, see section 402(e) of the National Housing
Act (48 Stat. 1257; 12 U.S.C. 1725);
(15) Home Owners' Loan Corporation bonds, see sec-
tion 4(c) of the Home Owners' Loan Act of 1933, as
amended (43 Stat. 644, c. 168; 12 U.S.C. 1463);
(16) Obligations of Central Bank for Cooperatives, pro-
duction credit corporations, production credit associa-
tions, and banks for cooperatives, see section 63 of the
Farm Credit Act of 1933 (48 Stat. 267; 12 U.S.C. 1138c);
(17) Panama Canal bonds, see section 1 of the Act of
December 21, 1904 (34 Stat. 5; 3 U.S.C. 743), section 8
of the Act of June 28, 1902 (32 Stat. 484; 31 U.S.C. 744),
and section 39 of the Tariff Act of 1909 (36 Stat. 117; 31
U.S.C. 745);
(18) Philippine bonds, etc., issued before the independ-
ence of the Philippines, see section 9 of the Philippine
Independence Act (48 Stat. 463; 48 U.S.C. 1239);
(19) Postal savings bonds, see section 10 of the Act of
June 25, 1910 (36 Stat. 817; 39 U.S.C. 760);
(20) Puerto Rican bonds, see section 3 of the Act of
March 2, 1917, as amended (50 Stat. 344; 48 U.S.C. 745);
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444 LEGAL COMPILATION—SOLID WASTE
(21) Treasury notes issued to retire national bank notes,
see section 18 of the Federal Reserve Act (38 Stat. 268;
12 U.S.C. 447);
(22) United States Housing Authority obligations, see
sections 5(e) and 20(b) of the United States Housing Act
of 1937 (50 Stat. 890, 898; 42 U.S.C. 1405, 1420);
(23) Virgin Islands insular and municipal bonds, see
section 1 of the Act of October 27, 1949 (63 Stat. 940; 48
U.S.C. 1403)
Aug. 16, 1954, c. 736, 68A Stat. 29; June 29, 1968, Pub.L. 90-364, Title
I, §107(a), 82 Stat. 266; Oct. 24, 1968, Pub.L. 90-634, Title IV, §401 (a),
82 Stat. 1349; Dec. 30, 1969, Pub.L. 91-172, Title VI, §601(a), 83 Stat.
656; Dec. 10, 1971, Pub.L. 92-178, Title III, §315(a), (b), 85 Stat. 529.
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Executive
Orders
-------
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EXECUTIVE ORDERS 447
[Reserved ]
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-------
Regulations
-------
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REGULATIONS 451
[EPA's regulations are found in the Code of Federal Regulations (CFR),
which is periodically updated by the Federal Register. For a complete
listing of the pertinent regulations, see "Contents 3.1 through 3.7" on
page xix.]
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Guidelines
and
Reports
-------
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GUIDELINES AND REPORTS 455
4.1 STATE/INTERSTATE SOLID WASTE PLANNING GRANT
LISTING, DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE, PUBLIC HEALTH SERVICE, JANUARY 1968,
STATE/INTERSTATE SOLID WASTE PLANNING GRANT
LISTING, JANUARY 1968
The Solid Waste Disposal Act, Public Law 89-272, provides for grants
to State and interstate agencies not to exceed fifty percent of the cost
of making surveys of solid waste practices and developing solid waste
disposal plans. Initial planning grant applications are considered for a
maximum project period of three years.
To date, thirty-five States and Puerto Rico have received solid waste
planning grants. Thd District of Columbia's planning grant and the
Kansas-Missouri interstate planning grant have been approved but have
not been funded. Consequently, the "Project Period" begin and end
dates for these two grants are not shown on the listing.
Total Public Health Service funds awarded for solid waste planning
grants during Fiscal Year 1966 amounted to $399,983. Total funds
awarded during Fiscal Year 1967 were $997,305. Planning Grant funds
are limited to $2,000,000 for Fiscal Year 1968.
The figure given in the "Total Recommended PHS Support" column
represents the total amount of PHS funds initially approved for the
grantee's entire project period. The grantee is required to provide at
least an equivalent amount of matching support.
The Public Health Service official assigned to the planning project
is the Solid Wastes Program regional program chief for the PHS region
in which the grantee is located. A listing of regional program chiefs is
shown on the following page. The PHS region in which each project is
located is specified on the listing.
[p-i]
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456
LEGAL COMPILATION—SOLID WASTE
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GUIDELINES AND REPORTS
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GUIDELINES AND REPORTS 459
4.2 SOLID WASTE DISPOSAL DEMONSTRATION OR STUDY
AND INVESTIGATION PROJECT GRANTS, TERMS, AND
CONDITIONS, DEPARTMENT OF HEALTH, EDUCATION,
AND WELFARE, PUBLIC HEALTH SERVICE, NATIONAL
CENTER FOR URBAN AND INDUSTRIAL HEALTH, SOLID
WASTE PROGRAM, AUGUST 1967
TERMS AND CONDITIONS GOVERNING
SOLID-WASTE DISPOSAL
DEMONSTRATION OR STUDY AND INVESTIGATION PROJECT GRANTS
TABLE OF CONTENTS
Page
I. Purpose of Demonstration or Study and Investigation Project Grants. . 1
II. Eligible Applicants 2
III. Extent of Federal Financial Assistance 2
IV. Applicant Financial Participation Requirements - 2
V. Period of Support. 2
VI. Program Direction 2
VII. Conditions of Grant 3
VIII. Use of Funds 4
IX. Limitations on Use of Funds 5
X. How to Apply 5
XL Review Procedure and Notification 5
XII. Payment Procedure 6
XIII. Rebudgeting of Funds 6
XIV. Project Revisions 7
XV. Accountability and Audit. 7
XVI. Expenditure and Program Reports 8
XVII. Termination of Grant and Repayment of Grant Funds 8
XVIII. Continuation and Renewal Applications 8
XIX. Publication and Copyright 8
XX. Patent Policy 9
XXI. Compliance with Civil Rights Act of 1964 9
XXII. Further Information or Assistance 9
Public Health Service Regional Offices 10
DISCRIMINATION PROHIBITED—Title VI of the Civil Rights Act of 1964
states: "No person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance." Therefore, the grant and award programs of the Public Health
Service, like every program or activity receiving financial assistance from the
Department of Health, Education, and Welfare, must be operated in compliance
with this law.
-------
460 LEGAL COMPILATION—SOLID WASTE
TERMS AND CONDITIONS GOVERNING SOLID-WASTE
DISPOSAL DEMONSTRATION OR STUDY AND
INVESTIGATION PROJECT GRANTS*
I. PURPOSE OF DEMONSTRATION OR STUDY AND INVESTIGATION
PROJECT GRANTS
This document sets forth the terms, conditions, and procedures govern-
ing the Solid-Waste Disposal Demonstration or Study and Investigation
Project Grants administered by the Solid Wastes Program, Public
Health Service. The program is authorized by Section 204, Title II,
Public Law 89-272, Solid Waste Disposal Act, and the regulations pur-
suant thereto (42 CFR, Part 59). It provides for Federal grants for the
support of demonstration projects of new and improved solid-waste
disposal methods, devices, and techniques, studies and investigations
of municipal and regional solid-waste disposal problems, practices and
programs, and studies and investigations oi particular solid-wastes,
solid-waste disposal problems, practices, and techniques. This program
also provides support for demonstration, study, and investigation projects
on the reduction of the amount of solid wastes and unsalvageable waste
materials, and the recovery and utilization of potential resources in
solid-wastes.
"Solid-waste" means garbage, refuse, and other discarded solid
materials, including solid-waste materials resulting from industrial,
commercial, and agricultural operations, and from community activities,
but does not include solid or dissolved material in domestic sewage or
other significant pollutants in water resources, such as silt, dissolved or
suspended solids in industrial waste water effluents, dissolved materials
in irrigation return flows or other common water pollutants. "Solid-waste
disposal" means the collection, storage, treatment, utilization, processing,
or final disposal of solid-waste.
The Act also authorizes Federal financial assistance for the construc-
tion of facilities necessary to demonstration projects, but not for study
and investigation projects as stated above. The term "construction"
as defined in Section 203 of the Solid Waste Disposal Act means (a) the
erection or building of new structures and acquisition of lands or interests
therein, or the acquisition, replacement, expansion, remodeling, altera-
tion, modernization, or extension of existing structures, and (b) the
acquisition and installation of initial equipment of, or required in connec-
tion with, new or newly acquired structures or the expanded, remodeled,
altered, modernized or extended part of existing structures (including
trucks and other motor vehicles, tractors, cranes, and other machinery)
* These terms and conditions are subject to change as deemed necessary by the Public Health Service.
-------
GUIDELINES AND REPORTS 461
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,
safety, engineering, architectural, legal, fiscal, and economic aspects
[p. 1]
of the project, and any surveys, designs, plans, working drawings,
specifications, and other action necessary for carrying out the construc-
tion of the facility, and (c) the inspection and supervision of the process
of carrying out the project to completion.
II. ELIGIBLE APPLICANTS
Any public agency or private non-profit organization in the United
States (including the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, and American Samoa) is eligible to apply for a grant.
A private non-profit organization must provide evidence of its non-
profit status.
III. EXTENT OF FEDERAL FINANCIAL ASSISTANCE
The Federal grant for a solid-waste disposal demonstration or study
and investigation project may not exceed two-thirds of the estimated
total cost of the project, including the estimated cost of construction of
facilities, if any. The remainder is to be provided from non-Federal
funds.
IV. APPLICANT FINANCIAL PARTICIPATION REQUIREMENTS
Applicants are required to provide at least one-third of the estimated
total cost of the demonstration project, including the cost of construc-
tion of facilities, if any, from funds other than any other Federal grants,
or any non-Federal funds used to match other Federal grants.
V. PERIOD OF SUPPORT
The length of tune for which demonstration or study and investiga-
tion project grant support may be requested is dependent upon the con-
cept, the objectives, and the methodology proposed. The Public Health
Service limits its approval to grant support to project periods up to
three years. Budget periods within the maximum 3-year project periods
and 12-month units beginning on the first day of the month requested
in an approved application, or the first day of the month mutually agreed
upon by the applicant and the Solid Wastes Program. Grantees may
request renewal beyond the originally approved project period for projects
which require a longer period for completion. Renewal applications
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462 LEGAL COMPILATION—SOLID WASTE
compete with new and other renewal applications in the same manner
as original applications. (See Section No. XVIII, Continuation and
Renewal Applications.)
VI. PROGRAM DIRECTION
The demonstration or study and investigation project must be under
the direction of a full-time director or coordinator responsible for the
direction and supervision of all the activities involved in the project.
This is the individual whom the Public Health Service will contact in
matters concerning the project.
[p. 2]
VII. CONDITIONS OF GRANT
In order to be awarded a grant for an approved solid-waste disposal
"Studies and investigation-Municipal and regional project", applicants
must provide assurance satisfactory to the Surgeon General of the Public
Health Service:
a. That there shall be an effective arrangement to insure full participa-
tion and coordination with related State, interstate, regional, and local
planning activities; and
b. That non-Federal funds are available for at least one-third of the
cost of the solid-waste disposal demonstration or study and investigation
project in addition to those which are available for the applicant's solid-
waste disposal program activities not included in the project.
Further, applicants for demonstration project grants must provide
assurance satisfactory to the Surgeon General:
c. That open dumping or open burning of solid wastes is not authorized
or is prohibited by law within the jurisdiction in which the applicant
proposes to conduct the demonstration; except that if such assurance
cannot be given:
(1) An applicant which is a unit of government responsible for
enforcement of laws and regulations relating to solid-waste disposal'
practices must set forth a schedule acceptable to the Surgeon General
for the elimination of open dumping or open burning within its
jurisdiction, or
(2) An applicant which is not a unit of government responsible for
enforcing laws and regulations relating to solid-waste disposal
practices must submit a schedule officially adopted by the responsible
unit of government.
Applicants for demonstration project grants which involve construction
must also provide assurance satisfactory to the Surgeon General:
d. That there will be proper and efficient operation and maintenance
of the facility after completion of its construction;
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GUIDELINES AND REPORTS 463
e. That the Surgeon General or authorized agents and other persons
have access to any facility constructed as part of a demonstration pro-
ject, and access to the records pertaining to the operation of the facility
at any reasonable time;
f. That all laborers and mechanics employed by contractors or sub-
contractors on a project of the type covered by the Davis-Bacon Act,
as amended (40 USC 276a-276a-5) will be paid wages at rates not less
than those prevailing on similar work in the locality as determined by
the Secretary of Labor in accordance with the Act; and
g. That he will comply with the requirement of Executive Order 11246,
September 24, 1965, (30 FR 12319) pertaining to Equal Employment
Opportunity, and with the applicable rules and regulations, and prescribed
procedures.
[p. 3]
Applicants for study and investigation project grants of national value
must, in addition, provide assurance satisfactory to the Surgeon General:
h. That the findings of the proposed studies and investigations would
be of significant national value in solid-waste disposal practices or pro-
grams.
Applicants for study and investigation project grants on municipal and
regional solid-waste disposal activities must, in addition:
i. Be, in the judgment of the Surgeon General, legally responsible
or is under existing law authorized or empowered upon compliance with
legal requirements to assume responsibility for the provision of solid-
waste disposal services throughout the geographic area covered by the
proposed project; and
j. Give assurance satisfactory to the Surgeon General that the proposed
project will be coordinated with any State-wide plans and programs
relating to solid-waste disposal.
VIII. USE OF FUNDS
When approved in the application, grant funds may be used for the
direct costs of carrying out the demonstration, study, or investigation
project. These are:
a. Personnel.—Salaries and wages, including fringe benefits, of profes-
sional, technical, clerical, and other staff, and consultants who will
render direct services to the approved project. The salary levels of such
personnel may be set by the grantee organization according to its own
standards, provided no monetary diflerential is allowed for such per-
sonnel because they are to be paid from grant funds. Consultant fees
must be the same as those usually paid by the applicant, but may not
be paid to a staff member of the applicant organization or any person
employed by the grantee or by States participating in an interstate
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464 LEGAL COMPILATION—SOLID WASTE
project activity. Grant funds may not be used to pay the salary of a
Federal employee.
b. Equipment.—Specialized items which are needed for the project.
c. Supplies.—Items which are consumable or expendable, and needed
for the project.
d. Travel.—Transportation, subsistence, and related costs for travel
to be performed during the project period and essential to the conduct
of the project.
e. Other Costs.—Items not included in one of the above categories.
Examples include: communication costs, contractual services, rental of
space (but applicant may not charge rent for space which is State-owned
or owned by the applicant) utilized by project personnel. Each item for
which funds are requested must be separately identified.
f. Construction of Facilities.—When necessary to a demonstration
project, (See definition of "construction," Section I, Purpose of Grants,
and Sections III and IV on financial participation). Estimated costs of
the construction of facilities must be included in the application. The
estimates must include the estimated costs of major components or
items, such as: land, engineering design, equipment, machinery, labor,
and building materials. Final awards will be based on the completed
fp.4]
detailed design of the construction project, and a negotiated agreement
as to other requisite terms and conditions.
IX. LIMITATIONS ON USE OF FUNDS
a. Grant funds may not be used for activities for which other Federal
grant funds are available, or for activities not described in the approved
application.
b. Grant funds may not be used for any purpose contrary to the regula-
tions and policies of the Public Health Service or the grantee.
c. All obligations of grant funds must be incurred within the approved
project period, and liquidated within one year after the end of the budget
period in which the obligation was established.
X. How TO APPLY
Interested organizations are required to submit Form NCUI—42,
Application for Solid-Waste Disposal Demonstration or Study and In-
vestigation Project Grant, completed in accordance with these terms
and conditions and the instructions for completing the application. The
signed original and one copy must be mailed directly to the Solid Wastes
Program, Public Health Service, Cincinnati, Ohio 45202. Two additional
copies must be sent to the appropriate regional office. (For list of regional
offices, see page 10.)
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GUIDELINES AND REPORTS 465
Applications may be submitted at any time, but should be submitted
at least six months in advance of the anticipated beginning date of the
project.
Applicants are urged to request consultation from the State solid-
waste disposal agency early in the development and design of projects,
as well as to consult with, and secure the support of professional and
other groups, or appropriate local agencies that will be utilizing or assisting
in the provision of the services contemplated by the project. Applicants
also may secure consultation and assistance from the appropriate Public
Health Service regional representative.
Applications are available through the regional offices of the Public
Health Service or the Solid Wastes Program, Public Health Service,
Cincinnati, Ohio 45202.
XI. REVIEW PROCEDURE AND NOTIFICATION
Applications will be considered for funding three times a year: February,
May, and October. They will be reviewed and evaluated by the regional
and headquarters staff of the Solid Wastes Program. At the discretion
of the Chief of the Program, expert advice will be secured from outside
the Public Health Service on the technical merit of the proj ect proposals.
Applicants will be notified in writing of the action taken on their
applications about two to four weeks after the final review.
[p. 5]
The regional representative will contact approved applicants to
negotiate the beginning data of the project period if it is different from
that requested in the application.
Review Criteria—The criteria for evaluating the merits of project
proposals are:
1. Degree to which project objectives are clearly established, attainable,
and for which progress toward attainment can and will be measured.
2. The substantive merit and potential contribution of the project
toward developing knowledge and techniques for meeting the objectives
of the Solid Waste Disposal Act.
3. Degree to which the project can be expected to yield or demonstrate
results that will be useful and desirable on a national or regional basis.
4. Availability, adequacy, and competence of the personnel, facilities
and other resources needed to carry out the project.
5. For those projects involving construction of a facility proposed,
the feasibility of the facility to meet the objectives of the project.
6. Extent of participation and coordination of community groups with
related interests in the area of solid-waste disposal.
7. Proportion of project costs to be borne by the applicant and, where
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466 LEGAL COMPILATION—SOLID WASTE
appropriate, the applicant's plan to continue the activity as an on-going
service, after termination of Federal assistance.
8. Degree to which the proposed project is in accordance with the
State or regional overall plan, or proposed plan, and priorities with
respect to solid-waste disposal services.
XII. PAYMENT PROCEDURE
If the grantee organization has received awards from other Public
Health Service programs which are being paid under a letter-of-credit
system or other cash control system, the payment for solid-waste disposal
project grants will be incorporated into the same system.
For grantee organizations which have no other awards from the Public
Health Service, an initial payment generally will be made shortly before
the beginning of the project period, and in the amount necessary for
the first quarter (or first three-month period). Subsequent payments
will be made upon request and in the amounts needed for the next
quarterly period.
XIII. REBUDGETING OF FUNDS
It is expected that expenditures for the project will follow the budget
categories (i.e., personnel, equipment, travel, supplies, construction, and
other) of the approved application. It is recognized, however, that
transfers among the categories
[p. 6]
may be necessary on occasion. Transfers among budget categories may
be made except in the following instances where prior approval of the
transfer must be secured from the Public Health Service:
a. Any expenditures in a budget category for which no funds were
initially budgeted in the approved application.
b. When a transfer regardless of amount would result in and/or reflect
a change in the scope of the project or when the grantee is uncertain as to
whether a change affects the character or scope of a project as described
in the approved application.
c. Any transfers into the equipment, travel, or construction categories.
Requests for approval of rebudgeting of funds should be submitted
by letter to the Solid Wastes Program.
XIV. PROJECT REVISIONS
Public Health Service approval of a revision of an approved project
is required when: (a) a substantial change in the scope, character, or
activities of the project occurs or is proposed; (b) a change in the project
director is necessitated; or (c) an extension or other change in the project
is desired. These revisions may be submitted in letter form, although
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GUIDELINES AND REPORTS 467
the extent of the changes under (a) above may require submission of a
revised application. Normally, a request for extension in project period
will be made only near the scheduled terminating date of the project.
XV. ACCOUNTABILITY AND AUDIT
The grantee must establish and maintain a separate account for the
grant-supported activity, reflecting all receipts, obligations, and disburse-
ments of grant and matching funds. In addition, it must maintain and
make available for audit purposes supporting fiscal records and
documentation as evidence of grant and matching fund expenditures.
Such documentation shall be retained until the fiscal audit has been
conducted and any questions arising from it have been resolved, and shall
include:
a. The name of each employee whose salary in whole, or in part, is
charged to the grant-supported activity, together with the total salary
paid to such person during the grant period. Time or effort reports, filed
within one month following each quarter in which service is provided,
are required to support the salaries charged to the grant, and may be
presented as best estimates shown in percentages for professional staff
and daily time records for non-professional staff.
b. A copy of all travel vouchers, purchase invoices, and contracts
charged to the grant-supported activity.
c. An identification of all other costs charged to the grant-supported
activity.
A fiscal audit will be made by the audit staff of the Department of
Health, Education, and Welfare.
[p. 7]
XVI. EXPENDITURE AND PROGRAM REPORTS
Reports of expenditures shall be made on the expenditures report
form prescribed by the Public Health Service. Reports shall be sub-
mitted within 120 days after the close of each 12-month portion of the
project period, and also at the end of the project period. These reports
shall be submitted hi triplicate to the appropriate Regional Health
Director.
The grantee must submit, no later than six months after the end of
the project period, a final report of its activities under the grant. Six
copies of the report should be submitted to the appropriate Regional
Health Director.
Interim progress reports must accompany applications for continua-
tion grants. (See Section XVIII, Continuation and Renewal Applica-
tions.) In addition, the Surgeon General may from time to tune request
special reports.
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468 LEGAL COMPILATION—SOLID WASTE
XVII. TERMINATION OF GRANT AND REPAYMENT OF GRANT FUNDS
A solid-waste disposal demonstration or study and investigation project
may be terminated at any time before the end of the approved project
period by the grantee upon formal notification to the Public Health
Service. The Surgeon General may revoke a grant in whole or in part,
or withhold future payments, at any time in the event that he finds that
the grantee has failed in a material respect to comply with Federal law
or established grant policies, or has failed to carry out the activity as
approved.
Any unobligated balance in or due the Federal grant account at the
end of the project period, at the tune of earlier termination of the grant,
or after audit, shall be refunded to the Public Health Service. Refund
should be made by check payable to the Public Health Service, Depart-
ment of Health, Education, and Welfare.
XVIII. CONTINUATION AND RENEWAL APPLICATIONS
In the case of solid-waste disposal projects which have been approved
for a period of more than one year, and for which an initial grant award
has been made in an amount for a lesser period (usually a 12-month
period), a continuation application is required. Contingent on the satis-
factory development of the project, continuation applications have first
claim on available funds. Such applications must be submitted three
months prior to the end of each 12-month portion of the project period.
Grantees will be provided with the necessary application forms and
instructions at the appropriate time.
Applications for renewal of a grant beyond the approved project
period should be submitted at least nine months prior to the end of the
currently approved period. Renewal grant applications are submitted
according to the procedures for a new grant and are reviewed in competi-
tion with new and other renewal grant applications.
XIX. PUBLICATION AND COPYRIGHT
As part of solid-waste disposal activities, grantees are urged to publish
results and findings in the interest of developing public awareness of
solid-waste disposal problems and enlisting public support for remedial
efforts.
[p. 8]
Public Health Service review or approval of such publications is not
required. It is requested, however, that Federal grant assistance be
acknowledged by including in any such publication the following note:
"This solid-waste disposal (demonstration or study and investigation)
-------
GUIDELINES AND REPORTS 469
project was supported in part by a grant from the Public Health Service,
Department of Health, Education, and Welfare."
Thirty copies of such publication should be sent to the Regional
Health Director for appropriate distribution.
Similarly, an author is free to arrange for copyright without Public
Health Service approval provided that the Public Health Service is
assured of the right to reproduce and distribute copyrighted material
resulting from Federally supported project operations.
XX. PATENT POLICY
All inventions arising out of activities supported in whole or in part
by the Public Health Service grant funds must be promptly and fully
reported to the Surgeon General.
Prior to the award of a grant, the Public Health Service must be
advised of any outstanding commitments or obligations of the applicant
organization, or the professional personnel to be associated with the
proposed project, which conflict with the patent regulations of the U.S.
Department of Health, Education, and Welfare. A statement concerning
patent commitments of the applicant organization, signed by an official
of the organization authorized to act in patent matters, must be sub-
mitted as part of the initial grant application. In addition, grantees must
submit an annual invention statement in connection with continuation
applications.
XXI. COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964
Title VI of the Civil Rights Act of 1964 states: "No person in the
United States, shall on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity receiving Federal
financial assistance." The solid-waste disposal project grant must be
operated in compliance with this law, and the implementing regulations
of the Department of Health, Education, and Welfare (45 CFR, Part 80).
(See instructions for filing application).
XXII. FURTHER INFORMATION OR ASSISTANCE
Further information regarding the Solid Waste Disposal Demonstra-
tion, Study and Investigation Project Grant Program, technical assistance,
consultation, and application forms may be obtained through the ap-
propriate Regional Health Director.
Information on other solid-waste disposal grant programs may also
be obtained from the regional office.
[p. 9]
-------
470
LEGAL COMPILATION—SOLID WASTE
DEPARTMENT OP HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE
REGIONAL OFFICES
Region I, J. F. Kennedy Federal Office
Building, Boston, Mass. 02203
Region II, Room 1200, 42 Broadway,
New York, N.Y. 10004
Region III, 220 7th Street, NE., Char-
lottesville, Va. 22901
Region IV, Room 404, 50 Seventh
Street, NE., Atlanta, Ga. 30323
Region V, Room 712, New Post Office
Building, 433 West Van Buren Street,
Chicago, 111. 60607
Region VI, 601 East Twelfth Street,
Kansas City, Mo. 64106
Region VII, 1114 Commerce Street,
Dallas, Tex. 75212
Region VIII, Room 551, 9017 Federal
Office Building, 19th and Stout Streets,
Denver, Colo. 80202
Region IX, 447 Federal Office Building,
Civic Center, San Francisco, Calif. 94102
States Included
Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont.
Delaware, New Jersey, New York,
Pennsylvania.
District of Columbia, Kentucky, Mary-
land, North Carolina, Virginia, West
Virginia, Puerto Rico, Virgin Islands.
Alabama, Florida, Georgia, Mississippi,
South Carolina, Tennessee.
Illinois, Indiana, Michigan, Ohio, Wis-
consin.
Iowa, Kansas, Minnesota, Missouri,
Nebraska, North Dakota, South Dakota.
Arkansas, Louisiana, New Mexico, Okla-
homa, Texas.
Colorado, Idaho, Montana, Utah,
Wyoming.
Alaska, Arizona, California, Hawaii,
Nevada, Oregon, Washington, Guam,
American Samoa.
[p. 10]
4.3 SOLID WASTE DISPOSAL PLANNING GRANT, TERMS,
AND CONDITIONS, DEPARTMENT OF HEALTH, EDUCA-
TION, AND WELFARE, PUBLIC HEALTH SERVICE, NA-
TIONAL CENTER FOR URBAN AND INDUSTRIAL HEALTH,
SOLD3 WASTE PROGRAM, JANUARY 1967
SOLID-WASTE DISPOSAL PLANNING GRANTS TEBMS AND CONDITIONS
Page 1: Delete in Paragraph III from "Funds granted to applicants
in any one State . . ." to the end of Paragraph III.
Page 4: Change "Chevy Chase, Maryland 20015" to "Cincinnati,
Ohio 45202"
[p.i]
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GUIDELINES AND REPORTS 471
TERMS AND CONDITIONS GOVERNING SOLID-WASTE
DISPOSAL PLANNING GRANTS
TABLE OF CONTENTS
Page
I. Purpose of Planning Grants 1
II. Eligible Applicants _ 1
III. Extent of Federal Financial Assistance 1
IV. Applicant Financial Participation Requirements _ 2
V. Period of Support 2
VI. Program Direction 2
VII. Conditions of Planning Grant 2
VIII. Use of Funds 3
IX. Limitations on Use of Funds 3
X. How to Apply -.- 3
XI. Review Procedure and Notification 4
XII. Payment Procedure 4
XIII. Rebudgeting of Funds .._ 4
XIV. Planning Project Revisions 5
XV. Accountability and Audit 5
XVI. Expenditure and Program Reports 5
XVII. Termination of Grant and Repayment of Grant Funds 6
XVIII. Continuation and Renewal Applications 6
XIX. Publication and Copyright . 6
XX. Patent Policy 7
XXI. Compliance with Civil Rights Act of 1964... 7
XXII. Further Information or Assistance 7
Public Health Service Regional Offices.. 8
DISCRIMINATION PROHIBITED—Title VI of the Civil Rights Act of 1964
states: "No person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance." Therefore, the grant and award programs of the Public Health
Service, like every program or activity receiving financial assistance from the
Department of Health, Education, and Welfare, must be operated in compliance
with this law.
[p. ii]
TERMS AND CONDITIONS GOVERNING SOLID-WASTE DIS-
POSAL PLANNING GRANTS*
I. PURPOSE OF PLANNING GRANTS
This document sets forth the terms, conditions, and procedures govern-
ing the Solid-Waste Disposal Planning Grant Program administered by
* These terms and conditions are subject to change as deemed necessary by the Public Health Service.
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472 LEGAL COMPILATION—SOLID WASTE
the Solid Wastes Program, Public Health Service. The program is authori-
zed by Section 206, Title II, Public Law 89-272, Solid-Waste Disposal
Act, and the regulations pursuant thereto (42 CFR, Part 59). It provides
for Federal grants to assist State and interstate agencies in making
surveys of solid-waste disposal practices and problems, and in developing
plans for new and unproved methods of proper and economic solid-waste
disposal within the jurisdictional areas of such State or interstate agencies
. (hereinafter referred to as "solid-waste disposal planning grants").
"Solid-waste" means garbage, refuse, and other discarded solid
materials, including solid-waste material resulting from industrial, com-
mercial, and agricultural operations, and from community activities.
Excluded are solids or dissolved material in domestic sewage or other
significant pollutants in water resources such as silt, dissolved or suspended
solids in industrial waste water effluents, dissolved materials in irriga-
tion return flows or other common water pollutants. "Solid-waste dis-
posal" means the collection, storage, treatment, utilization, processing,
or final disposal of solid waste.
It is not the purpose of these grants to provide financial assistance for
State or interstate solid-waste disposal operations or services, other than
survey and planning activities.
II. ELIGIBLE APPLICANTS
Eligible applicants are (a) State agencies designated by the Governor,
or other appropriate State authority, to represent a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, and American Samoa, and (b) interstate agencies designated as
the sole agency responsible for solid-waste disposal planning within their
jurisdictional areas.
The designated agency may be an existing agency of the State govern-
ment or a new one established for the purpose of the solid-waste disposal
survey and planning activity. It may be an interdepartmental agency,
such as a commission, committee, or board.
A certification of the designation must be included as a part of the
application for a planning grant.
III. EXTENT OF FEDERAL FINANCIAL ASSISTANCE
Federal funds may be granted to pay not more than 50 percent of the
cost of solid-waste disposal survey and planning activities. The remainder
is to be provided from non-Federal funds. Funds granted to applicants
in any one State are limited to
[p-1]
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GUIDELINES AND REPORTS 473
not more than 12.5 percent of the Federal funds available for this program
for each fiscal year's appropriation. For this requirement, planning grants
to an interstate agency will be conisdered to be granted to the States
involved in proportion to the amounts of non-Federal funds budgeted
for the project by the participating States, or by the participating mu-
nicipalities located in the respective States.
IV. APPLICANT FINANCIAL PARTICIPATION REQUIREMENTS
Applicants are required to provide at least 50 percent of the cost of
the solid-waste disposal planning activity from funds other than any
other Federal grants, or any non-Federal funds used to match other
Federal grants.
V. PERIOD OP SUPPORT
Although the development of a comprehensive statewide solid-waste
disposal plan may require a period longer than three years, applications
for grant support will be considered for project periods up to three
years. Budget periods within the maximum 3-year project periods are
12-month units beginning on the first day of the month requested in
the application, or the first day of the month mutually agreed upon by
the applicant and the Solid Wastes Program. Support from Federal
funds beyond an approved project period should be requested at least
nine months prior to the termination date of the currently approved
project period. (See Section XVIII, Continuation and Renewal Ap-
plications.)
VI. PROGRAM DIRECTION
The agency designated to be the sole agency responsible for solid-
waste disposal activities must have, or plan to employ, a full-time em-
ployee responsible for these activities, including solid-waste disposal
planning. (See Section VIII, Use of Funds. Only that portion of the
employee's time that is devoted to the survey and planning activities
may be charged to the grant-supported project.)
VII. CONDITIONS OF PLANNING GRANT
In order to be awarded a grant for an approved solid-waste disposal
planning project, applicants must provide assurance satisfactory to the
Surgeon General of the Public Health Service:
a. That any survey and planning project is directed toward the produc-
tion of a comprehensive solid-waste disposal plan, including agricultural,
commercial, industrial, and domestic solid-waste disposal for the entire
geographic area of the State, or of the interstate jurisdiction;
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474 LEGAL COMPILATION—SOLID WASTE
b. That in the conduct of the project there shall be consultation and
coordination with other State agencies which have responsibility for
any aspect of planning essential to statewide planning for proper and
effective solid-waste disposal consistent with the protection of the public
health, including such factors as population, urban and metropolitan
development, land-use planning, water pollution control, air pollution
control, and the feasibility of regional solid-waste disposal programs;
c. That there shall be an effective arrangement to insure full participa-
tion and coordination with related State, interstate, regional, and local
planning activities including those financed in whole or in part with
funds granted under section 701 of the Housing Act of 1954 (40 USC 61) ;
and
[p. 2]
d. That non-Federal funds are available for at least 50 percent of the
cost of the solid-waste disposal planning project in addition to those
which are available for the applicant's solid-waste disposal program
activities not included in the planning project.
VIII. USE OF FUNDS
When approved in the application, grant funds may be used for the
following costs of carrying out the survey and planning program:
a. Personnel.—Salaries and wages, including fringe benefits, of pro-
fessional, technical, clerical, and other staff, and consultants who will
render direct services to the approved project. The salary levels of such
personnel may be set by the grantee organization according to its own
standards, provided no monetary differential is allowed for such per-
sonnel because they are to be paid from grant funds. Consultant fees
must be the same as those usually paid by the applicant, but may not
be paid to a staff member of the applicant organization or any person
employed by the State, or the States participating in an interstate
planning activity. Grant funds may not be used to pay the salary of a
Federal employee.
b. Equipment.—Specialized items which are needed for the project.
c. Supplies.—Items which are consumable or expendable, and needed
for the project.
d. Travel.—Transportation, subsistence, and related costs for travel
to be performed during the project period and essential to the conduct
of the project.
e. Other Costs.—Items not included in one of the above categories,
such as communication costs, contractual services, rental of space (but
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GUIDELINES AND REPORTS 475
applicant may not charge rent for space which is state-owned or owned
by the applicant) utilized by project personnel. Each item for which
funds are requested must be separately identified.
IX. LIMITATIONS ON USE OF FUNDS
a. Grant funds may not be used for activities for which other Federal
grant funds are available, or for activities not described in the approved
application.
b. Grant funds may not be used for any purpose contrary to the regula-
tions and policies of the Public Health Service or the grantee.
c. All obligations of grant funds must be incurred within the approved
project period, and liquidated within one year after the end of the budget
period in which the obligation was established.
X. How TO APPLY
Interested State and interstate agencies are required to submit Form
PHS-4872-1, Application for Solid-Waste Disposal Planning Grant,
completed in accordance with these terms and conditions and the instruc-
tions for completing the application. The original and two copies must
be mailed to the appropriate Public Health Service Regional Health
Director. (For list of regional offices, see page 8.)
[p. 3]
Planning grant applications will be considered twice a year. Applications
may be submitted at any time; however, those received by September
1 and February 1 of each year will be in competition for the Federal
funds available for its program in that fiscal year.
Applicants are urged to secure consultation and assistance through
the Public Health Service Regional Health Director prior to the develop-
ment of their proposals and the preparation of the application.
Applications are available through the regional offices of the Public
Health Service or the Solid Wastes Program, Public Health Service,
Chevy Chase, Md. 20015.
XI. REVIEW PROCEDURES AND NOTIFICATION
Applications will be reviewed and evaluated by the regional and
headquarters staff of the Solid Wastes Program. The advice of consultants
will be sought as deemed necessary by the Chief of the Program.
Applicants will be notified in writing of the action taken on their
applications approximately two months after the cut-off date for receipt
of applications.
The regional representative will contact approved applicants to
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476 LEGAL COMPILATION—SOLID WASTE
negotiate the beginning data of the project period if it is different from
that requested in the application.
XII. PAYMENT PBOCEDTJBE
If the grantee organization has received awards from other Public
Health Service programs which are being paid under a letter-of-credit
system or other cash control system, the payment for solid-waste disposal
planning grants will be incorporated into the same system.
For grantee organizations which have no other awards from the Public
Health Service, generally an initial payment will be made shortly before
the beginning of the project period, and in the amount necessary for the
first quarter (or first three-month period). Subsequent payments will be
made upon request and in the amounts needed for the next quarterly
period.
XIII. REBUDGETING OF FUNDS
It is expected that expenditures for the project will follow the budget
categories (i.e., personnel, equipment, travel, supplies, and other) of
the approved application. It is recognized, however, that transfers among
the categories may be necessary on occasion. Transfers among budget
categories may be made, except in the following instances where prior
approval of the transfer must be secured from the Public Health Service:
a. Any expenditures in a budget category for which no funds were
initially budgeted in the approved application.
b. When a transfer regardless of amount would result in and/or reflect
a change in the scope of the planning activity described in the approved
application; and
[p. 4]
c. Any transfers into the equipment and travel categories.
Requests for approval of rebudgeting of funds should be submitted
by letter to the Solid Wastes Program.
XIV. PLANNING PROJECT REVISIONS
Public Health Service approval of a revision of an approved planning
project is required when: (a) a substantial change in the scope, character,
or activities of the project occurs or is proposed; (b) a change in the
project director is necessitated; or (c) an extension or other change in
the project is desired. These revisions may be submitted in letter form,
although the extent of the changes under (a) above may require sub-
mission of a revised application. Normally, a request for extension in
project period will be made only near the scheduled terminating date of
the project.
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GUIDELINES AND REPORTS 477
XV. ACCOUNTABILITY AND AUDIT
The grantee must establish and maintain a separate account for the
grant-supported activity, reflecting all receipts, obligations, and dis-
bursements of grant and matching funds. In addition, the grantee must
maintain and make available for audit purposes supporting fiscal records
and documentation as evidence of grant and matching fund expenditures.
Such documentation shall be retained until the fiscal audit has been
conducted and any questions arising from it have been resolved, and
shall include: /
a. The name of each employee whose salary in whole, or in part, is
charged to the grant-supported activity. The agency in which such
person is employed shall be identified, together with the total salary
paid to such person during the grant period. Time or effort reports, filed
within one month following each quarter in which service is provided,
are required to support the salaries charged to the grant, and may be
presented as best estimates shown in percentages for professional staff
and daily time records for non-professional staff.
b. A copy of all travel vouchers, purchase invoices, and contracts
charged to the grant-supported activity.
c. An identification of all other costs charged to the planning activity.
A fiscal audit will be made by the audit staff of the Department of
Health, Education, and Welfare.
XVI. EXPENDITURE AND PROGRAM REPORTS
Reports of expenditures shall be made on the expenditure report
form prescribed by the Public Health Service. Reports shall be submitted
within 120 days after the close of each 12-month portion of the project
period, and also at the end of the project period. These reports shall be
submitted in triplicate to the appropriate Regional Health Director.
The State or interstate agency must submit, no later than six months
after the end of the project period, a final report of its activities under
the grant. When a State plan has resulted, the plan itself together with
such additional material as is deemed appropriate may be the final
progress report. This report shall be submitted to the appropriate Regional
Health Director.
[p. 5]
Interim progress reports must accompany applications for continua-
tion grants. (See Section XVIII, Continuation and Renewal Applica-
tions.) In addition, the Surgeon General may from time to time request
special reports.
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478 LEGAL COMPILATION—SOLID WASTE
XVII. TERMINATION OF GRANT AND REPAYMENT OF GRANT FUNDS
A solid-waste disposal planning grant may be terminated at any time
before the end of the approved project period by the grantee upon formal
notification to the Public Health Service. The Surgeon General may
revpke planning grants in whole or in part, or withhold future payments,
at any time in the event that he finds that the grantee has failed in a
material respect to comply with Federal law or established grant policies,
or has failed to carry out the planning activity as approved.
Any unobligated balance in or due the Federal grant account at the
end of the project period, at the time of earlier termination of the grant,
or after audit, shall be refunded to the Public Health Service. Refund
should be made by check payable to the Public Health Service, Depart-
ment of Health, Education, and Welfare.
XVIII. CONTINUATION AND RENEWAL APPLICATIONS
In the case of solid-waste disposal planning projects which have been
approved for a period of more than one year, and for which an initial
grant award has been made in an amount for a lesser period (usually a
12-month period), a continuation application is required. Contingent
on the satisfactory development of the planning activity, continuation
applications have first claim on available funds. Such applications must
be submitted three months prior to the end of each 12-month portion
of the project period. Grantees will be provided with the necessary
application forms and intructions at the appropriate time.
Applications for renewal of a grant beyond the approved project
period should be submitted at least nine months prior to the end of
the currently approved period. Renewal grant applications are submitted
according to the procedures for a new grant and are reviewed in com-
petition with new and other renewal grant applications.
XIX. PUBLICATION AND COPYRIGHT
As part of solid-waste disposal planning activities, grantees are urged
to publish results and findings in the interest of developing public aware-
ness of solid-waste disposal problems and enlisting public support for
remedial efforts. Public Health Service review or approval of such pub-
lications is not required. It is requested, however, that Federal grant
assistance be acknowledged by including in any such publication the
following note:
"This solid-waste disposal planning project was supported in part by
a grant from the Public Health Service, Department of Health, Education,
and Welfare."
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GUIDELINES AND REPORTS 479
Thirty copies of such publication should be sent to the Regional
Health Director for appropriate distribution.
Similarly, an author is free to arrange for copyright without Public
Health Service approval provided that the Public Health Service is
assured of the right to reproduce and distribute copyrighted material
resulting from Federally supported project operations.
[p. 6]
XX. PATENT POLICY
All inventions arising out of activities supported in whole or in part
by the Public Health Service grant funds must be promptly and fully
reported to the Surgeon General.
Prior to the award of a grant, the Public Health Service must be
advised of any outstanding commitments or obligations of the applicant
organization, or the professional personnel to be associated with the
proposed project, which conflict with the patent regulations of the U.S.
Department of Health, Education, and Welfare, A statement concerning
patent commitments of the applicant organization, signed by an official
of the organization authorized to act in patent matters, must be sub-
mitted as part of the initial grant application. In addition, grantees
must submit an annual invention statement in connection with continua-
tion applications.
XXI. COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964
Title VI of the Civil Rights Act of 1964 states: "No person in the
United States, shall on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal financial
assistance." The solid-waste disposal planning grant must be operated
in compliance with this law, and the implementing regulations of the
Department of Health, Education, and Welfare (45 CFR, Part 80). (See
instructions for filing application).
XXII. FURTHER INFORMATION OR ASSISTANCE
Further information regarding the Solid-Waste Disposal Planning
Grant Program, technical assistance, consultation, and application forms
may be obtained through the appropriate Regional Health Director.
Information on other solid-waste disposal grant programs may also
be obtained from the regional office.
[p. 7]
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480
LEGAL COMPILATION—SOLID WASTE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE
REGIONAL OFFICES
Region I, J. F. Kennedy Federal Office
Building, Boston, Mass. 02203
Region II, Room 1200, 42 Broadway,
New York, N.Y. 10004
Region III, 700 East Jefferson Street,
Charlottesville, Va. 22901
Region IV, Room 404, 50 Seventh
Street, NE., Atlanta, Ga. 30323
Region V, Room 712, New Post Office
Building, West Van Buren Street,
Chicago, 111. 60607
Region VI, 12th 601 East Street, Kansas
City, Mo. 64106
Region VII, 1114 Commerce Street,
Dallas, Texas 75212
Region VIII, Room 551, 9017 Federal
Office Building, 19th and Stout Streets,
Denver, Colo. 80202
Region IX, 447 Federal Office Building,
Civic Center, San Francisco, Calif. 94102
States Included
Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont
Delaware, New Jersey, New York,
Pennsylvania
District of Columbia, Kentucky, Mary-
land, North Carolina, Virginia, West
Virginia, Puerto Rico, Virgin Islands
Alabama, Florida, Georgia, Mississippi,
South Carolina, Tennessee
Illinois, Indiana, Michigan, Ohio, Wis-
consin
Iowa, Kansas, Minnesota, Missouri,
Nebraska, North Dakota, South Dakota
Arkansas, Louisiana, New Mexico, Okla-
homa, Texas
Colorado,
Wyoming
Idaho, Montana, Utah,
Alaska, Arizona, California, Hawaii,
Nevada, Oregon, Washington, Guam,
American Samoa
[p. 8]
4.4 A SOLID WASTE PROGRAM, U.S. DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH
SERVICE, NATIONAL CENTER FOR URBAN AND INDUS-
TRIAL HEALTH, SOLID WASTE PROGRAM, FEBRUARY
1968
THE PROBLEM
By the year 2000, the population of the United States is expected to
double. Our cities and their surrounding urbanized areas are already
bearing the brunt of this explosive growth, with its accompanying in-
crease in industrial activities. This growth, coupled with the increasing
per capita rate of refuse production, is resulting in an every-increasing
volume of solid wastes that must be regularly collected, transported, and
ultimately disposed of on suitable land.
Insanitary, inadequate solid waste collection and disposal activities
create one of the most serious and most neglected aspects of environ-
mental contamination affecting public health and welfare.
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GUIDELINES AND REPORTS 481
Land required for waste disposal facilities is also in demand for many
more attractive uses in every metropolitan complex. Therefore, unless
workable plans are made and implemented, metropolitan areas will be
forced to haul refuse long distances, thus placing an additional economic
burden on this essential public service. To meet even short-term needs
realistically, suitable areas must be reserved for refuse disposal as a part
of overall metropolitan area environmental health plans.
Solid wastes include a great variety of things that individuals, manu-
facturers, commercial establishments and communities discard as no
longer usable, such as garbage, rubbish, ashes, street refuse, demolition
debris, construction refuse, abandoned automobile hulks, old refrigerators
and furniture, and the wastes from slaughterhouses, canneries, manu-
facturing plants, and hospitals. The dimensions of the problem are
staggering. Available data1 indicate that current national production
of solid wastes in urban communities amounts to
[p. 1]
over 800 million pounds daily, and it is estimated that the total will rise
to approximately three times that amount by 1980.
The efforts now being made to deal with this problem are clearly
inadequate. Less than half of the cities and towns in the United States
with populations of more than 2,500 dispose of community refuse by
approved sanitary and nuisance-free methods. All too often solid wastes
are disposed of by methods that create unhealthful, insanitary, and
unsightly environmental conditions. Such practices contribute to air,
water, and soil pollution and create breeding places for disease-carrying
insects and rodents. Accumulations of litter, refuse, and junk, cause fire
hazards, contribute to accidents and destory beauty of cities and country-
sides.
Storage, collection, and disposal of solid wastes is one of the major
economic problems of urban areas. As the American Public Works
Association recently pointed out: "The annual outlay for refuse collec-
tion and disposal services—over $1.5 billion—is exceeded only by ex-
penditures for schools and roads."3
In addition to the expenditures by local governmental agencies, the
editors of Refuse Removal Journal have estimated that the annual ex-
penditures of the private sanitation industry are over $1.3 billion.4 From
the standpoint of the average person, these costs can no longer be con-
sidered minor. For example, the average charge to homeowners in the
Washington, D.C., Suburban Sanitary District is $40.20 per year for
water and sewer charges and $36 per year for refuse service. Thus, the
refuse service charge amounts to almost as much as water supply and
sewerage combined.
Field studies have shown that an average of at least 85 percent of the
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482 LEGAL COMPILATION—SOLID WASTE
total cost of providing refuse service is spent on collection.6 Since labor
charges account for the major cost in the collection operation, the develop-
ment of new and more efficient methods of designing and operating refuse
collection systems offer a most productive area for research improvement.
Systems analysis methods are already being applied to this problem on
the operating level.
COLLECTION AND DISPOSAL SERVICES
A question that frequently confronts communities when considering
metropolitan-wide refuse services is: What level of the local
[p. 2]
government should provide refuse collection and disposal services? One
of the major obstacles to organizing efficient, high-quality refuse col-
lection and disposal systems in metropolitan areas is the multitude of
local government units. In Allegheny County, Pennsylvania, for example,
there are 129 local political subdivisions. These local political subdivisions
may be separated by natural boundaries, such as rivers or mountains,
or by the political boundaries of satellite communities that surround a
central city. The provision of economical refuse service under such condi-
tions is complicated and in some cases may be further hampered by State
or international boundaries.
Traditionally, small and large cities have provided their own "total"
service. During the last few years, however, there has been a trend in
metropolitan areas toward each community continuing to provide collec-
tion, but with disposal service provided on an area-wide basis. Increasing
population and higher population density has resulted in a shortage of
land for disposal sites, an increase in the quantities of refuse that must
be collected, and longer hauling distances to disposal sites which may
be located even beyond the limits of the urbanized area.
Area-wide refuse disposal service is being provided in a few metropolitan
areas by special purpose districts, by counties, or by cooperative agree-
ments between cities and other local political subdivisions. The scarcity
of disposal sites has led some metropolitan areas to develop fewer and
larger scale disposal facilities. Transfer stations are being used more
often to reduce collection vehicle mileage along with larger vehicles for
hauling to disposal sites. The economic advantage of such systems has
brought many metropolitan areas to consider area-wide disposal service.
The economy-of-scale factor not only can reduce unit costs but also can
make it possible to discontinue many insanitary operations, and avoid
needless duplication of investments. Although studies—such as those
made in the metropolitan areas of Northeastern Illinois' and Hartford,
Connecticut7—have emphasized the need for area-wide refuse disposal
agencies, most States lack enabling legislation to form special-purpose
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GUIDELINES AND REPORTS 483
districts or to allow counties to provide these services. This function was
considered in the 1962 study of governmental organizations by the U.S.
Bureau of Census.8 It was found that only nine States—California,
Connecticut, Kentucky, Michigan, New Jersey, Ohio, South Carolina,
Tennessee, and Washington—make any provisions for the formation of
districts or authorities to organize and operate such area-wide systems.
[p. 3]
Local governments will have to exert major efforts to solve solid wastes
problems in some metropolitan areas. For example, the Sanitation Districts
of Los Angeles County, California, made a detailed study and report9
which led to the establishment of a system of transfer stations and sanitary
landfills serving more than fifty cities and a large unincorporated area
in the county. In neighboring Orange County, the Highway Department10
prepared a master plan for refuse disposal which anticipated the county's
disposal needs up to the year 2000. A county-wide system of transfer
stations and sanitary landfills was subsequently established with the
support of all the cities and other local governmental units. Comprehensive
planning such as this is an essential step in the design of efficient area-
wide refuse collection and disposal services. Local conditions must be
evaluated, the possible solutions investigated, and the best methods of
providing improved service determined.
THE NEW LEGISLATION
The solid wastes problem was given national visibility in President
Johnson's 1966 message to the Congress on Natural Beauty. The President
emphasized the need for proper solid waste disposal as a vital factor in
maintaining and improving the health of our nation and the beauty of
the environment in which we live. He recommended legislation to assist
the States in developing comprehensive programs for some forms of
solid waste disposal and also for the establishment of research and dem-
onstration projects directed toward uncovering more effective methods
for disposing of, or salvaging, solid wastes.
The Solid Waste Disposal Act (Public Law 89-272) represents in many
respects the evolution of several earlier legislative proposals which had
been introduced into the Congress but which has not been enacted.
Included were bills by Senator Smathers and Representatives Lisinski,
Roosevelt, and Blatnik.
In the first session of the 89th Congress, Senator Edmund Muskie
introduced S. 306 and chaired hearings on the bill, now known as the
Clean Air Act and Solid Waste Disposal Act, which was passed by the
Senate. The bill was then referred to the House Committee on Interstate
and Foreign Commerce under Chairman Oren Harris, for further con-
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484 LEGAL COMPILATION—SOLID WASTE
sideration. Congressional hearings evoked support from such groups as
the National League of Cities,
[p. 4]
the National Association of Sanitarians, the Conference of State Sanitary
Engineers, the American Public Works Association, the American Medical
Association, several State departments of health, and numerous city
officials. We would recommend for further reading the House and Senate
Committee reports on hearings held in connection with the legislation,
in order to better understand the support given to this legislation by the
numerous distinguished individuals and organizations who supported it.
The legislation was signed by President Johnson on October 20, 1965.
What are some of the salient points in the Solid Waste Disposal Act?
Section 202—"Findings and Purposes"—is particularly illuminating in
that it presents the basic rationale for Congressional action in the passage
of the Act. Some of these reasons are paraphrased below:
1. The amount of solid waste continues to increase and also to change
in character.
2. In addition to the conventional forms of solid waste, we are con-
cerned with those resulting from the demolition of buildings, construc-
tion of highways, and industrial, commercial, and agricultural operations.
3. The problems within our metropolitan and urban areas are becoming
extremely complicated from the standpoint of managing, financing, and
solving technical problems related to the disposal of solid wastes.
4. Present unsatisfactory methods of disposal result in scenic blight,
with incidental air, water, and land pollution problems, accident hazards,
and the whole gamut of public health problems, including problems of
insect and rodent vectors of disease.
5. We need to salvage those waste materials having economic potential
to conseve the natural resources of this nation.
6. There is a compelling need for Federal technical and financial as-
sistance.
Based on these findings, the Congress has designed the Act to satisfy
two basic purposes or objectives, namely:
[p. 5]
To initiate and accelerate a national research and development program
for new and improved methods of proper and economic solid waste disposal
including studies directed toward the conservation of natural resources
by reducing the amount of wastes and unsalvageable materials and by
recovery and utilization of potential resources in solid wastes.
To provide technical and financial assistance to State and local govern-
ments and interstate agencies in the planning, development, and conduct
of solid waste disposal programs.
Under the Secretary of Health, Education, and Welfare the Public
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GUIDELINES AND REPORTS 485
Health Service is now mounting a program designed to accomplish these
purposes.
Section SOS—"Definitions". The responsibility for the problems of
solid wastes resulting from the extraction, processing, or utilization of
minerals or fossil fuels—where such wastes may be controlled within the
processing facility—is delegated to the Secretary of the Interior. This
recognizes the involvement of the Bureau of Mines, particularly in con-
nection with the problems of mineral wastes.
Section 204—"Research, Demonstrations, Training, and other
Activities"—is probably the broadest single Section of the Act. This
Section constitutes the basis on which the Public Health Service will
initiate a research program, conduct demonstrations, initiate training
activities, and related actions necessary for the implementation of the
Act. In addition to imposing basic responsibilities on the Public Health
Service, it provides for the cooperation with, and the providing of financial
assistance to, appropriate public authorities, agencies, institutions,
private agencies and institutions, and individuals in carrying out work
on the multifaceted aspects of solid waste disposal.
One of the mechanisms authorized to obtain the help and assistance of
these outside groups is grants-in-aid to public or private agencies and
institutions, and to individuals, for research, training projects, surveys
and demonstrations, including the construction of facilities. Support can
also be provided through the mechanism of contracts, which has proven
to be a useful tool in initiating research projects in support of program
needs. One of the overriding requirements of Section 204 provides that
no grant shall be made to cover more than two-thirds of the cost of con-
struction of any facility covered by the Act.
[p. 6]
Much of the Act is contained in these provisions, since it provides for
research which will provide new and improved methods for disposing
of solid wastes. It provides for training which will give our nation the
necessary cadre of specially trained personnel to handle the solid waste
disposal problems of today and tomorrow. It provides for investigations,
experiments and demonstrations, so that the research findings may be
readily translated into operating practices and demonstrated in the
field under actual operating conditions. And it provides for surveys and
studies which will give us better definition of the existing and the newly
developing problems which we will be facing.
Section 205—"Interstate and Interlocal Cooperation"—places the Federal
Government on record as supporting the initiating of interstate and inter-
local activities in connection with solid waste disposal. Recognizing that
the problem is no respecter of political boundaries, this section encourages
the enactment of improved State and local laws governing solid waste
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486 LEGAL COMPILATION—SOLID WASTE
disposal. It is hoped that the enactment of this Federal legislation will
stimulate law-making bodies to consider the legislation so desperately
needed.
Section 206—"Grants for State and Interstate Planning"—provides for
grants to State and interstate agencies (not to exceed 50 percent of the
cost) for making surveys of solid waste disposal practices and problems
and of developing solid waste disposal plans for such areas. Here is the
mechanism by which we can begin to develop the long-range plans for
solid waste disposal which are so urgently needed in many areas. A number
of conditions are imposed on the making of such grants. For example,
they must be made to a single State agency which has the sole
responsibility for carrying out such a program; the plan must involve
consideration of the public health problems and such related factors as
population growth, urban and metropolitan development, land-use
planning, air and water pollution control; and the plan must be consistent
with other related State, interstate, and local plans. Here the Congress
recognizes the fact that planning must be done on a comprehensive basis
and that the solid waste plans must, in fact, be consistent with the broad
needs of the community and the region.
Section 210—"Appropriations"—is significant in that it identifies the
magnitude of the program conceived by the Congress. This Section
authorizes $7 million for the first year (actually, only
[p. 7]
$4 million of this amount was ultimately appropriated); $14 million for
Fiscal Year 1967; $19.2 million for F. Y. 1968, and $20 million for 1969
to be appropriated to the Secretary of Health, Education, and Welfare.
This Section also authorizes $3 million for the first year; $6 million for
Fiscal Year 1967; $10.8 million for F. Y. 1968, and $12.5 million for 1969
to be appropriated to the Secretary of Interior.
In summary, the Congress has forged a chain binding the Federal
Government to responsibility for leadership of a national solid waste
program. The Solid Waste Disposal Act authorizes four major links in
the chain: research, demonstrations, training, and planning.
The President has challenged us to stop polluting the environment. He
has called for high-quality solid wastes management.
This legislation of Congress is designed to raise our solid waste pro-
grams to high levels of accomplishment.
[p. 8]
REFERENCES
1. U.S. Public Health Service. Solid waste handling in metropolitan areas. Public
Health Service Publication No. 1554. Washington, D.C., U.S. Government
Printing Office, 1964. 41 p.
2. Committee on Solid Wastes, American Public Works Association. Municipal
refuse disposal. Chicago, Public Administration Service, 1961. 506 p.
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GUIDELINES AND REPORTS 487
3. Bugher, R. D. Progress begins with research. The American Public Works Associa-
tion Reporter, 29(4):1, Apr. 1962.
4. Editorial. Figure in APWA release gives wrong impression. Refuse Removal Journal,
5(10):6, Oct. 1962.
5. University of California. An analysis of refuse collection and sanitary landfill
disposal. Technical Bulletin No. 8, Series 37. Berkeley, U.C. Press, 1952. 134 p.
6. Sheaffer, J. R., B. von Boehm, and J. E. Hackett. Refuse disposal needs and
practices in Northeastern Illinois with refuse disposal policies for Northeastern
Illinois. Technical Report No. 3. Chicago, Northeastern Illinois Metropolitan
Area Planning Commission, 1963. 72 p.
7. Refuse study; for the Capital Region Planning Agency, East Hartford, Connecticut.
Goodkin and O'Dea, Planners and Leonard S. Wegman Company, Consulting
Engineers, Feb. 1963.
8. U.S. Bureau of Census. U.S. Census of Governments 1962. v. 1, Governmental
Organizations. Washington, D.C., U.S. Government Printing Office, 1963. 376 p.
9. Joint Administrative Staff. Planned refuse disposal; a report to the directors of the
County Sanitation Districts of Los Angeles County, California. Los Angeles,
Los Angeles County Sanitation Districts, 1955. 117 p.
10. Orange County Highway Department. Master plan of refuse disposal. Santa Ana,
Orange County, California Highway Department, 1959. 57 p.
[p. 9]
4.5 "WORKING AGREEMENT BETWEEN HEALTH, EDUCA-
TION, AND WELFARE," PUBLIC HEALTH SERVICE, AND
HOUSING AND URBAN DEVELOPMENT, MARCH 1967
RELATIONSHIPS WITH DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Two conferences have been held with representatives of D/HUD:
It was agreed that coordination of solid waste planning with "701"
planning required in the Solid Waste Disposal Act, could be accomplished
at the State level, by liaison between the designated solid waste agency
and the State "comprehensive planning" agency and/or the "legal planning
assistance" agency. In line with this approach, D/HUD has furnished
lists of the State planning agencies and these lists have been sent to the
PHS regional offices.
Further conferences will be held regarding appropriate exchange of
information on projects supported by grants from the respective agencies.
'[p. i]
Secretary, PUBLIC HEAMTH SERVICE
(Attn: Assistant Secretary for Individual and Family Services)
Surgeon General—Working Agreement Between HEW-PHS and HUD
In view of the respective primary missions of the two agencies, one related to health
and the other to urban affairs, there is need of a working agreement for a division of
labor regarding urban environmental factors which need to be controlled or eliminated
for the well-being of urban life.
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488 LEGAL COMPILATION—SOLID WASTE
PL 89-754 authorizes and directs the Secretary of HUD to document and define
urban environmental factors which need to be controlled or eliminated for the well
being of urban life.... and is authorized.... or by working agreements with depart-
ments and agencies of the Federal Government PL 410 charges the Public Health
Service with the responsibility for attending to, among other things, the health aspect
of urban life.
There is a need that an agreement be negotiated between the Secretary of HEW and
the Secretary of HUD defining the role of the PHS in research, development, technical
assistance and training regarding; (a) health-related criteria for standards in housing
and neighborhood development, maintenance and use, (b) standards for other physical
environmental factors, and related community organization, relevant to the promotion
of physical, mental and social well-being of the individual in his urban setting, and
(c) comprehensive planning for environmental health facilities and services.
If a meeting for such negotiation is arranged, the Office of Urban Environmental
Health Planning in the National Center for Urban and Industrial Health will be
available to serve as staff in preparation of materials for developing a working agree-
ment. This unit was recommended to be the focal point for such urban activities by the
Surgeon General's Task Force on Health in Housing and Urban Development.
[p. 10]
Reference was made to the memo of August 1 from the RPD of EEFP, New York,
wherein it was stated that one of the results of the Philadelphia meeting was an agree-
ment by Mr. Phelan, Regional Director of HUD, that his office would require that
consideration be given to solid waste management in the comprehensive community
plan requirement of the "Workable Program". Mr. Ives took strong exception to the
word "require". He said the regional office was in a position to encourage but not
require such action. A discussion of just what a "Workable Program" was ensued.
Mr. Ives said he would send material to this office on the "Workable Program".
The meeting was concluded with the agreement that this office would proceed to
prepare a draft of a technical advisory paper and that the individual responsible for
this would work with Mr. Jerry Newman as his counterpart in the Urban Renewal
Administration.
cc: Wesley E. Gilbertson
Thomas J. Lawler
Richard D. Vaughan
Warren Smith
Everett MacLeman, N.Y. Regional Office
Ralph Van Derwerker, N.Y. Regional Office
[p. 2]
SURGEON GENERAL, PUBLIC HEALTH SERVICE, BUREAU OF DISEASE PREVENTION
AND ENVIRONMENTAL CONTROLL(SIC)
DIRECTOR, BUREAU OF DISEASE PREVENTION AND ENVIRONMENTAL CONTROL—BRIEFING
MEMORANDUM ON WORKING AGREEMENT BETWEEN HEW-PHS AND HUD
The following remarks and quotations from key documents pertain to the basis for
development of such a working agreement between HEW and HUD.
According to the U.S. Government Manual, "The Public Health Service, (in the
DHEW), under the direction of the Surgeon General, is the Federal agency specifically
charged with responsibilities for protecting and improving the health of the people of
the Nation (A major function of the Service is) to assist the States and other
governments in the application of new knowledge for the prevention and control of
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GUIDELINES AND REPORTS 489
disease. The maintenance of a healthful environment, and the development of com-
munity health services." This in effect states that the primary mission or predominant
sphere of the Service is responsibility for the health or well-being of the people of the
entire Nation, urban or rural.
The HUD statement "Evaluation of Department's Programs and Goals," submitted
by Secretary Weaver as Appendix to Part I of the Federal Role in Urban Affairs,
(Hearings Before the Subcommittee on Executive Reorganization of the Senate
Committee on Government Operations, December 30, 1966), discusses the reorganiza-
tion of the Federal Government through groups of governmental units coordinated in
respect to broad major missions, and HUD's primary mission as follows:
"The Federal Government is only now in the final stages of reorganizing itself so that
it can deal with our urban problems through units of government that have been
entrusted with broad major missions...
"In organizing groups of governmental organizations on the basis of broad missions,
it is important to achieve the sharpest possible focus with respect to the mission of each
governmental unit and to achieve the clearest possible boundary lines with respect to
ultimate authority to take final action under each specific piece of legislation...
"The primary mission of the new Department, as described by the Bureau of the
Budget, is to carry out major functions relating to the improvement of the physical
environment of the urban community and to provide a focus for the coordination of
related executive branch efforts...
[p. 1]
"It should be noted that the order which gives the Secretary of Housing and Urban
Development such flexible authority in no way elevates this recently created Secretary
above his fellow Cabinet members, although it does vest an important initiative in
him. The order is based on a provision in the act which created the Department of
Housing and Urban Development that—
"The Secretary shall, among his responsibilities, exercise leadership at the direction
of the President in coordinating Federal activities affecting housing and urban de-
velopment ...
"The heads of other Federal departments and agencies will continue, as before, to
exercise leadership within the executive branch on behalf of the President in their
predominant spheres of responsibility."
An example of an area requiring a working agreement at an early date is found in
PL 89-754. The Congress found, in Section 1011 (A) and (B), "that much more
knowledge is urgently needed concerning the effect on human beings of highly urban-
ized surroundings." It therefore authorized and directed the Secretary of HUD to:
" (1) conduct studies, surveys, research, and analyses with respect to the ecological
factors involved in urban living; (2) document and define urban environmental factors
which need to be controlled or eliminated for the well-being of urban life; ... (3) establish
through interagency consultation the coordinated utilization of urban ecological
information on projects undertaken or assisted by the Federal Government which
affected the growth or development of urban areas."
And further in subparagraph (d) "The Secretary is authorized to carry out the
studies, surveys, research, and analyses authorized by this section either directly or by
contract with public or private bodies or agencies, or by working agreement with departs-
ments and agencies of the Federal Government, as he may determine to be desirable."
In the same Act, known as the "Model Cities Program" or "Demonstration Cities
and Metropolitan Development Act of 1956", the Congress authorized as follows: "hi
order to insure that all Federal programs related to metropolitan development are
carried out in a coordinated manner—. .. (2) all Federal agencies which are organized
in administering programs related to metropolitan development, or which otherwise
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490 LEGAL COMPILATION—SOLID WASTE
perform functions relating thereto, shall, to the maximum extent practicable, consult
wtih and seek advice from all other significantly affected Federal departments and agencies
in an effort to assure fully coordinated programs."
PL 610 charges the Public Health Service with the responsibility for attending to,
among other things, the health aspect of urban life. In
[p. 2]
PL 89-749, "Comprehensive Health Planning and Public Health Services Amendments
of 1966", "the Congress declares that fulfillment of our national purpose depends on
promoting and assuring the highest level of health attainable for every person, in an
environment which contributes positively to healthful individual and family living;..."
It is respectfully suggested that, under their respective primary missions, it is
equally incumbent on either the Secretary of the HEW or the Secretary of HUD to
undertake the initiative to obtain such working agreements between the two Depart-
ments and their agencies which will assure health inputs in HUD's functions and in the
coordinated efforts of any group of governmental organizations entrusted with broad,
major missions in respect to urban or metropolitan environment.
RICHARD A. PEINDLB, M.D.,
Assistant Surgeon General
[p. 3]
SECTION 701 OF THE HOUSING ACT OP 1954, AS AMENDED THROUGH AUGUST 10, 1965
PUBLIC LAW 560, 83o CONGRESS 40 u.s.c. 461
Urban planning
SEC. 701 (a) In order to assist State and local governments in solving planning
problems resulting from the increasing concentration of population in metropolitan
and other urban areas, including smaller communities; to facilitate comprehensive
planning for urban development, including coordinated transportation systems, on a
continuing basis by such governments; and to encourage such governments to establish
and improve planning staffs, the [Housing and Home Finance] Administrator is
authorized to make planning grants to—
(1) State planning agencies, or (in States where no such planning agency exists) to
agencies or instrumentalities of State government designated by the Governor of the
State and acceptable to the Administrator as capable of carrying out the planning func-
tions contemplated by this section, for the provision of planning assistance to (A) cities
and other municipal!ties having a population of less than 50,000 according to the latest
decennial census, and counties without regard to population: Provided, That grants
shall be made under this paragraph for planning assistance to counties having a
population of 50,000 or more, according to the latest decennial census, which are within
metropolitan areas, only if (i) the Administrator finds that planning and plans for
such county will be coordinated with the program of comprehensive planning, if any,
which is being carried out for the metropolitan area of which the county is a part,
and (ii) the aggregate amount of the grants made subject to this proviso does not
exceed 15 per centum of the aggregate amount appropriated, after the date of enact-
ment of the Housing Act of 1964, for the purposes of this section, (B) any group of
adjacent communities, either incorporated or unincorporated, having a total population
of less than 50,000 according to the latest decennial census and having common or
related urban planning problems, (C) cities, other municipalities, and counties referred
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GUIDELINES AND REPORTS 491
to in paragraph (3) of this subsection and areas referred to in paragraph (4) of this
subsection, and (D) Indian reservations;
(2) official State, metropolitan, and regional planning agencies, or other agencies
and instrumentalities designated by the Governor (or Governors in the case of inter-
state planning) and acceptable to the Administrator, empowered under State or local
laws or interstate compact to perform metropolitan or regional planning;
(3) cities, other municipalities, and counties which (A) are situated in areas
designated by the Secretary of Commerce under section 5 of the Area Redevelopment
Act as redevelopment areas or (B) have suffered substantial damage as a result of a
catastrophe which the President, pursuant to section 2(a) of "An Act to authorize
Federal assistance to States and local governments in major disasters, and for other
purposes", has determined to be a major disaster;
[p. i]
(4) to official governmental planning agencies for areas where rapid urbanization
has resulted or is expected to result from the establishment or rapid and substantial
expansion of a Federal installation;
(5) State planning agencies for State and interstate comprehensive planning (as
defined in subsection (d)) and for research and coordination activity related thereto;
(6) metropolitan and regional planning agencies, with the approval of the State
planning agency of (in States where no such planning agency exists) of the Governor
of the State, for the provision of planning assistance within the metropolitan area or
region to cities, other municipalities, counties, groups of adjacent communities, or
Indian reservations described in clauses (A), (B), (C), and (D) of paragraph (1)
of this subsection;
(7) to official governmental planning agencies for any area where there has occurred
a substantial reduction in employment opportunities as the result of (A) the closing
(in whole or in part) of a Federal installation, or (B) a decline in the volume of Govern-
ment orders for the procurement of articles or materials produced or manufactured in
such area;
(8) tribal planning councils or other tribal bodies designed by the Secretary of the
Interior for planning for an Indian reservation to which no State planning agency or
Other instrumentality is empowered to provide planning assistance under clause (D) of
paragraph (1) above; and
(9) the Appalachian Regional Commission, established by the Appalachian Regional
Development Act of 1965, for comprehensive planning for the Appalachian region as
defined by section 403 of such Act.
Planning assisted under this section shall, to the maximum extent feasible, cover
entire urban areas having common or related urban development problems. The
Administrator shall encourage cooperation in preparing and carrying out plans among
all interested municipalities, political subdivisions, public agencies, and other parties
in order to achieve coordinated development of entire areas. To the maximum extent
feasible, pertinent plans and studies already made for areas shall be utilized so as to
avoid unnecessary repetition of effort and expense. Planning which may be assisted
under this section includes the preparation of comprehensive urban transportation
surveys, studies, and plans to aid in solving problems of traffic congestion, facilitating
the circulation of people and goods in metropolitan and other urban areas and reducing
transportation needs. Funds available under this section shall be in addition to and
may be used jointly with funds available for planning surveys and investigations under
other Federally-aided programs, and nothing contained in this section shall be con-
strued as affecting the authority of the Secretary of Commerce under section 307 of
title 23, United States Code.
[p.ii]
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492 LEGAL COMPILATION—SOLID WASTE
(b) A planning grant made under this section shall not exceed two-thirds of the
estimated cost of the work for which the grant is made: Provided, That such a grant
may be in an amount not exceeding three-fourths of such estimated cost to an official
governmental planning agency for an area described in subsection (a) (7), or for
planning being carried out for a city, other municipality, county, group of adjacent
communities, or Indian reservation in an area designated by the Secretary of Com-
merce as a redevelopment area under section 5 of the Area Redevelopment Act (or
under any Act supplementary thereto), to States participating in planning for Appa-
lachian regional programs, for expenses incurred in the course of such planning, or to the
Appalachian Regional Commission. All grants made under this section shall be subject
to terms and conditions prescribed by the Administrator. No portion of any grant made
under this section shall be used for the preparation of plans for specific public works.
The Administrator is authorized, notwithstanding the provisions of section 3648 of
the Revised Statutes, as amended, to make advances or progress payments on account
of any grant made under this section. There is hereby authorized to be appropriated
not exceeding $230,000,000 to carry out the purposes of this section, and any amounts so
appropriated shall remain available until expended: Provided, That not to exceed 5 per
centum of any funds so appropriated may be used by the Administrator for studies,
research, and demonstration projects, undertaken independently or by contract, for
the development and improvement of techniques and methods for comprehensive
planning and for the advancement of the purposes of this section.
(c) The Administrator is authorized, in areas embracing several municipalities or
other political subdivisions, to encourage planning on a unified metropolitan basis and
to provide technical assistance for such planning and the solution of problems relating
thereto.
(d) It is the further intent of this section to encourage comprehensive planning,
including transportation planning, for States, cities, counties, metropolitan areas,
urban regions, and Indian reservations and the establishment and development of the
organizational units needed therefor. The Administrator is authorized to provide
technical assistance to State and local governments and their agencies and instru-
mentalities, and to Indian tribal bodies, undertaking such planning and, by contract
or otherwise, to make studies and publish information on related problems. In extending
financial assistance under this section, the Administrator may require such assurances
as he deems adequate that the appropriate State and local agencies are making reason-
able progress in the development of the elements of comprehensive planning. Compre-
hensive planning, as used in this section, includes the following, to the extent directly
related to urban needs: (1) preparation, as a guide for long-range development, of
general physical plans with respect to the pattern and intensity of land use and the
provision of public facilities, including transportation facilities, together with long-
range fiscal plans for such development; (2) programing of capital improvements
based on a determination of relative urgency, together with definitive financing plans
for the improvements to be constructed in the earlier years of the program; (3) co-
ordination of all related plans of the departments or subdivisions of the government
concerned; (4) intergovernmental coordination of all related planned
[p. iii]
activities among the State and local governmental agencies concerned; and the prepara-
tion of regulatory and administrative measures in support of the foregoing.
(e) In the exercise of his function of encouraging comprehensive planning by the
States, the Administrator shall consult with those officials of the Federal Government
responsible for the administration of programs of Federal assistance to the States and
municipalities for various categories of public facilities.
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GUIDELINES AND REPORTS 493
(f) The consent of the Congress is hereby given to any two or more States to enter
into agreements or compacts, not in conflict with any law of the United States, for
cooperative efforts and mutual assistance in the comprehensive planning for the
physical growth and development of interstate, metropolitan, or other urban areas, and
to establish such agencies, joint or otherwise, as they may deem desirable for making
effective such agreements and compacts.
(g) In addition to the planning grants authorized by subsection (a), the Adminis-
trator is further authorized to make grants to organizations composed of public
officials whom he finds to be representative of the political jurisdictions within a
metropolitan area or urban region for the purpose of assisting such organizations to
undertake studies, collect data, develop regional plans and programs, and engage in
such other activities as the Administrator finds necessary or desirable for the solution of
the metropolitan or regional problems in such areas or regions. To the maximum extent
feasible, the grants under this subsection shall be for activities relating to all the
developmental aspects of the total metropolitan area or urban region, including, but
not limited to, land use, transportation, housing, economic development, natural
resources development, community facilities, and the general improvement of living
environments. A grant under this subsection shall not exceed two-thirds of the esti-
mated cost of the work for which the grant is made.
[p.iv]
The Record SEPTEMBER 23, 1966.
From: Leo Weaver, Chief, Technical Services, OSW.
Subject: Meeting with Messrs. R. Ives, J. Newman, DHUD, re technical advisory for
solid wastes, September 23, 1966.
Mr. Gilberteon and the writer met with Messrs. Ives and Newman as an outgrowth
of a request for assistance from the RPD, EEFP, New York (re memorandum of
August 1, 1966).
Mr. Gilbertson reviewed previous contacts which resulted in preparation of a draft
of a proposed agreement on coordinating grant activities of OSW and related "701"
planning activities of the Urban Renewal Administration. Reference was made to a
note received from Roger Honberger regarding the URA review of the draft wherein
Mr. Honberger stated he desired to meet with Mr. Gilbertson, or his representative,
to clarify the types of work which should be undertaken with funds from the respective
agencies. At that time, the use of "Planning Agency Letters" as a mechanism for
promoting coordination between the "701" programs and other Federal programs was
indicated. Mr. Ives emphasized his recognition of the importance of close coordination
between OSW and his area of activity.
There was a general discussion of the missions of the 701 grant and the PHS grants
under the Solid Wastes Act. There was general agreement that the 701 program would
concentrate on grants to State planning agencies which included funds for incorporating
a solid waste plan into the comprehensive State plan. The PHS, on the other hand,
would make grants to the designated solid waste planning agency for developing the
solid waste plan as such.
Regarding S&I planning grants it was stated that HUD should concentrate on the
small communities and that the OSW should pick up the relatively large S&I planning
grant requirements for metropolitan-regional approach feasibility studies which
could lead to demonstrations.
[p. 1]
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494 LEGAL COMPILATION—SOLID WASTE
COOPERATIVE PROJECT AGREEMENT
I. Title of Project: "Joint U.S. Public Health Service—Tennessee Valley Authority
Composting Project, Johnson City, Tennessee," hereinafter referred to as "the
Project."
II. Parties to the Agreement:
A. U.S. Public Health Service, Washington, B.C., hereinafter referred to as "PHS".
B. Tennessee Valley Authority, Chattanooga, Tennessee, hereinafter referred to as
"TVA."
C. City of Johnson City, Tennessee, hereinafter referred to as "the City."
III. Term of Agreement: This agreement shall be of full force and effect for a period
of 7 years from the date of execution hereof, unless sooner terminated in accordance
with the provisions of this agreement. This agreement may be renewed upon mutual
agreement of the parties hereto.
IV. The parties hereby agree that the purpose of the project, which includes the
design, construction and operation of a composting plant in Johnson City, Tennessee,
is to demonstrate the engineering and economic feasibility of producing compost from
mixed refuse and raw and digested sewage sludge; to conduct research into the health
aspects of the use and processing of such compost and into the commercial and agri-
cultural use and acceptability of the finished product and is not intended as a substitute
for the maintenance of adequate sewage treatment facilities and refuse disposal service
by the City.
V. The parties further agree as follows:
A. The City agrees:
1. To furnish, without cost to the other parties hereto, a site of approximately ten
acres adjacent to the City sewage treatment plant, for the construction of the com-
posting plant, which site is more particularly described in appendix "A" which is
attached hereto and made a part hereof.
[p. U
2. To furnish without cost to PHS and TVA, such road easements and utility right
of-way as PHS and TVA may determine to be necessary for the use of the aforemen-
tioned site for the project.
3. To permit PHS and TVA access to such City property as necessary in connection
with the conduct of the project.
4. To deliver to the compost plant such normal mixed refuse and special wastes as
available from its refuse collection system in such amounts and at such times as PHS
and TVA may request.
5. To deliver to the compost plant such raw sludge and such digested or partially
digested sludge, in such amounts as may be available from its sewage treatment plant,
and at such times as PHS and TVA may request.
6. To permit PHS and TVA to use City laboratory facilities at the City sewage
treatment plant to the extent the City determines that such use will not interfere with
its own use of the laboratory.
7. To remove from the compost plant upon request any solid, semi-solid or raw
materials and processed or partially processed compost within 24 hours and to dispose of
all such materials.
8. To accept at no charge to PHS and TVA all waste water (including sanitary
sewage, effluent from sludge thickening and other compost plant processes, and wash
water) from the compost plant, piping and pumping to be by PHS and TVA.
9. To maintain and operate at no cost to PHS and TVA such City property, build-
ings, equipment and facilities as may be required for the continued operation of the
compost plant.
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GUIDELINES AND REPORTS 495
10. To furnish such other facilities and services as it can readily provide that may be
requested by PHS and TVA.
B. TVA agrees, subject to the provisions of paragraph V, section C and without cost to
the City:
1. To design a compost plant, including all buildings, structures and appurtenances
thereto, to meet the following requirements. The plant shall be of the windrow type
and which will have a rated capacity of 10 tons per hour of mixed refuse and up to
2500 gallons per hour of sewage sludge. The plant shall be designed to be capable of
providing maximum dependability of service and of providing information on com-
parative operation
[p. 2]
of individual units of processing equipment. The composting plant shall be designed
so as to be capable of performing the following functions: (a) shredding to increase
active surface area of processed material, (b) moisture control by adding water or dry
material, and (c) mixing to uniformly compost all the material being treated. The
composting plant shall be equipped with necessary materials handling equipment,
including receiving hopper, plate conveyor, belt conveyors, magnetic separators,
sewage sludge thickener, rasping machine, hammermill, and windrow placing and
turning machinery. The composting plant shall be capable of producing processed
refuse, formed into windrows, approximately five feet high and seven feet wide at the
base, to undergo decomposition. The processing equipment will be housed in a modular
sheet metal industrial type building with concrete footings and concrete slab floor.
The composting plant shall provide for active composting to take place in unpro-
tected windrows, but with a covered curing and storage building in which to complete
the decomposition, dry, and store the finished compost. This temporary building will
be near the processing building, will be roofed to protect compost from rain, and will
be high enough to permit the entrance and maneuvering of dump trucks and front-end
loaders.
Office, laboratory and visitor reception space on the site will be provided in a building
of temporary construction.
2. To submit to PHS plans and specifications for a compost plant which meets the
requirements of subsection 1 above, together with the estimated cost of construction of
such plant.
3. To construct, operate, and maintain a compost plant in accordance with plans
approved therefor by PHS.
4. To conduct studies, research, experiments and investigations of the feasibility of
commercial and agricultural use of the compost produced.
5. To remove at the termination of this agreement all buildings, structures and
appurtenances erected for the project, unless said buildings, structures and appurte-
nances are otherwise disposed of with the approval of the City and of PHS and in
accordance with applicable Federal requirements for the disposal of Government
property in effect at the time of termination.
[p. 3]
C. PHS agrees:
1. To pay TVA for costs incurred in the design, construction, maintenance and
operation of the compost plant and such costs as may be incurred in the removal of the
compost plant.
2. To pay to the City the increased costs incurred by the City for its sewage and
refuse disposal services resulting from the City's obligations under this agreement and
such costs as may be incurred by the City pursuant to paragraph V, section A, sub-
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496 LEGAL COMPILATION—SOLID WASTE
section 10, if such increased costs are substantiated by actual cost data submitted by
the City.
3. To conduct health-oriented studies, research, investigations and experiments
relating to: (a) the composting process and the compost produced, and (b) the efficient
and economic operation of the compost plant.
VI. The parties hereto further mutually agree:
a. That the compost plant will be located on a ten acre site adjacent to the City
sewage treatment works near Johnson City, Tennessee, which site is more particularly
described in appendix "A" hereof.
b. That this agreement may be terminated by mutual agreement of all parties
hereto, or upon 180 days notice by PHS and TVA to the City of the intention of PHS
and TVA to terminate this agreement.
c. That the project shall be referred to in all publications, press releases, signs, etc.
as a "Joint U.S. Public Health Service—Tennessee Valley Authority Composting
Project, Johnson City, Tennessee."
d. That all funds expended by the City in connection with this project will be
accounted for in such a manner as deemed necessary by Federal auditors.
e. That obligations assumed hereunder shall be subject to the availability of funds
for such purposes.
f. That the terms and conditions herein set forth, may, at any time hereunder be
changed or modified by supplemental agreement with mutual consent of the parties
concerned.
g. That the data collected will be the property of and will be used as deemed ap-
propriate by PHS and TVA. All proposed publications by parties hereto of the data, or
evaluations thereof developed in this project will be transmitted to the other parties
hereto for review and comment a reasonable period of time in advance of proposed
publication data.
[p. 4]
h. That the City relinquishes title and interest in any refuse and sludge and products
thereof, when such refuse and sludge are accepted by PHS and TVA at the compost
plant, and all such materials when accepted shall be and become the property of the
United States.
VII. PHS representative and project supervisor:
Mr. Wesley E. Gilbertson, Chief
Office of Solid Wastes
EH, ESS, PHS, DHEW
TVA representative:
Dr. 0. M. Derryberry, Director of Health
Tennessee Valley Authority
City representative:
Mr. D. A. Burkhalter, City Manager
City of Johnson City, Tennessee
EDWARD N. BACKUS,
Mayor, City of Johnson City, Tennessee.
DR. O. M. DERRYBEHHY,
Director of Health, Tennessee Valley Authority.
DR. WILLIAM H. STEWART,
Surgeon General, Public Health Service.
[p. 5]
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GUIDELINES AND REPORTS 497
MEMORANDUM OF UNDERSTANDING—DEPARTMENT OP HEALTH, EDUCATION, AND
WELFARE PUBLIC HEALTH SERVICE AND THE DEPARTMENT OF THE INTERIOR BUREAU
OF MINES
RELATIVE TO
Implementation of Title II, the Solid Waste Disposal Act of 1965, Public Law 89-272
The Department of Health, Education, and Welfare, Public Health Service, and the
Department of the Interior, Bureau of Mines, each has an area of responsibility for
implementing the provisions of Public Law 89-272, the Solid Waste Disposal Act, and
are mutually desirous of developing a coordinated program toward the attainment of
common objectives under the Act. The report of the House Committee on Interstate
and Foreign Commerce (Report No. 899, Page 27, lines 19 through 36), states that,
under the provisions of the bill, subsequently enacted as Public Law 89-272, the Depart-
ment of Health, Education, and Welfare "would be responsible for administration of
the Act, except that the Secretary of the Interior will be responsible for 'solid waste
resulting from the extraction, processing or utilization of minerals and fossil fuels
where the generation, production, or reuse of such wastes is or may be controlled
within the extraction, processing or utilization facility or facilities and where such
control is a feature of the technology or economy of the operation of such facility or
facilities'. This arrangement would make the Secretary of Health, Education, and
Welfare responsible for administration of the Act with respect to solid waste problems
of communities, including those problems which may affect the general environments of
communities, and including those solid wastes or solid waste residues that result from
business and industrial activities and become part of the community's solid waste
disposal system. The Department of the Interior, as above indicated, would be respon-
sible for solving industrial solid waste problems within facilities engaged in extraction,
processing, or utilization of minerals and fossil fuels in the circumstances above
defined." To accomplish these objectives, the Public Health Service and the Bureau of
Mines have entered into this Memorandum of Understanding in order to define and
describe the principal areas of program interest of each agency and to clearly establish a
mutually acceptable working relationship which insures proper coordination of all
programs under Public Law 89-272.
[p. 1]
It is mutually agreed that:
A. The Public Health Service and the Bureau of Mines will designate officials to
act as the principal contacts and liaison officers at the program level in interagency
matters pertaining to Public Law 89-272.
B. In regard to demonstration grant applications under Section 204 of Public
Law 89-272, the Public Health Service will refer to the Bureau of Mines for necessary
action, those demonstration grant applications pertaining primarily to mineral or
fossil fuel solid waste problems as defined under Section 203(1) of the Act; and the
Bureau of Mines will refer to the Public Health Service for necessary action those
demonstration grant applications pertaining to other solid waste problems.
C. The Public Health Service will refer to the Bureau of Mines for review and
comment those demonstration grant applications which give major emphasis to com-
ponents involving mineral, metal, and fossil fuel solid waste problems as part of a
broader solid waste disposal program; and the Bureau of Mines will refer to the Public
Health Service for review and comment those demonstration grant applications in
which the mineral and fossil fuel solid waste problems have significant community
implications. In the above cases, it is understood that any comments the reviewing
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498 LEGAL COMPILATION—SOLID WASTE
agency wishes to make will be forwarded within a period of fifteen (15) working days
from the time of receipt.
D. The Bureau of Mines and the Public Health Service may support, on a joint
basis, demonstration, research, or training projects which have implications for dis-
pos
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GUIDELINES AND REPORTS 499
DECEMBER 1, 1967.
From: M. Dean High, Technical Assistant to the Associate Director for Abatement and
Control, NCAPC; H. Lanier Hickman, Jr., Chief, Technical Services, Solid
Wastes Program, NCUIH.
To: See below.
Subject: Liaison Between NCAPC and Solid Wastes Program, NCUIH.
The directors of the NCAPC and NCUIH, in memorandums dated October 4, and
October 30, 1967, respectively, (copies attached) stated their joint support for estab-
lishment of close and continuing liaison between the NCAPC and the Solid Wastes
Program, NCUIH. At an October 18, 1967, meeting in Washington, D.C. general
guidelines were discussed for liaison between the two groups; M. Dean High and H.
Lanier Hickman were designated as the central focus points for this dialogue.
It was agreed that several persons in each Center would need to communicate
directly with their counterpart in the other Center at periodic intervals on matters of
mutual interest. Suggested areas of mutual interest and liaison representatives from
each Center are listed below:
Area of Interest NCAPC SWP-NCUIH
Principal Liaison Member M. Dean High H. L. Hickman
Process and R & D R. P. Hangebrauck B. T. Riley
Demonstration Grants S. T. Cuffe R. P. Lonergan
Abatement Investigations R. L. Harris M. G. Tucker
Emission Studies and Testing Procedures J. McGinnity E. L. Higgins
Program Planning and Development R. Jimeson R. W. Eldredge
Standards and Criteria J. J. Schueneman J. DeMarco
Federal Facilities R. A. Venezia J. DeMarco
The representatives should take immediate steps to establish contact and maintain
communication with their counterpart. A formal meeting of the NCAPC-SWP liaison
committee members will be held in January or February, 1968 and thereafter at
intervals to be decided by the committee. Responsibility for keeping the principal
liaison members (High and Hickman) informed of activities in each area of interest
shall rest with the individual representatives listed above.
H. LANIER HICKMAN, JR.
M. DEAN HIGH
[p. 1]
Dr. Middleton, Mr. Svore, Mr. Vaughan, NCAPC-SWP Liaison Committee
Members Mr. High, Mr. Hangebrauck, Mr. Cuffe, Mr. Harris, Mr. McGinnity, Mr.
Jimeson, Mr. Schueneman, Mr. Venezia, Mr. Hickman, Mr. Riley, Mr. Lonergan,
Mr. Tucker, Mr. Higgins, Mr. Eldredge, and Mr. DeMarco.
[p. 2]
MR. JEROME H. SVORE, DIRECTOR, NATIONAL CENTER FOR URBAN AND INDUSTRIAL
HEALTH, DIRECTOR, NATIONAL CENTER FOR AIR POLLUTION CONTROL
CREATION OF A LIAISON COMMITTEE
In view of some common interests between your Solid Wastes Program and our air
pollution control activities, I would like to propose that we create a formal liaison
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500 LEGAL COMPILATION—SOLID WASTE
committee to facilitate cooperation on matters of refuse disposal, particularly incinera-
tion. Recent informal meetings between members from the two Centers have proven.
beneficial, but have indicated the need for formally scheduled meetings. Areas in which
I believe such an exchange of ideas would prove beneficial include the following.
(1) Determining the design parameters that affect emissions from municipal
incinerators.
(2) Determining the effectiveness of pollution control devices used on municipal
incinerators.
(3) Deciding upon uniform source testing procedures between the two Centers for
both the collection and analysis of air contaminants.
(4) Exploring abatement conference recommendations relating to refuse disposal,
including alternative methods to incineration.
(5) Sharing information obtained from source tests, literature surveys, and con-
ferences.
(6) Coordination of research and development activities of the National Center for
Air Pollution Control and the National Center for Urban and Industrial Health for
projects encompassing the interests of both groups.
[p. 1]
If you agree on the desirability of creating a formal liaison committee between our two
Centers, I would suggest that meetings be held at one- or two-month intervals alter-
nately in Cincinnati, Washington, D.C., or North Carolina. Representatives from our
Center to this committee would include at least the Chief of our Engineering Section of
the Abatement Program, the Chief of the Incineration Unit in this Section, a representa-
tive of the Process Control Engineering Program, and a member from the Federal
Facilities Section.
JOHN T. MIDDLBTON.
[P. 2]
4.6 DEMONSTRATION PROJECTS, SOLID WASTE PRO-
GRAMS, DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE, PUBLIC HEALTH SERVICE, MARCH 1967, AND
A SUPPLEMENT OF DEMONSTRATION PROJECT AB-
STRACTS, SOLID WASTE PROGRAM, MARCH 1967.
DISCRIMINATION PROHIBITED—Title VI of the Civil Rights
Act of 1964 states: "No person in the United States shall, on the ground
of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance." Therefore, the pro-
grams discussed in this publication like every program or activity re-
ceiving financial assistance from the Department of Health, Education,
and Welfare, must be operated in compliance with this law.
[p. 1]
FOREWORD
Projects described in these abstracts have received awards covering up
to two-thirds of project costs as authorized by the Solid Waste Disposal
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GUIDELINES AND REPORTS 501
Act of 1965. The awards were made by the Solid Wastes Program of the
Public Health Service's National Center for Urban and Industrial Health.
The projects are of two kinds. Some are designed to demonstrate the
feasibility of new and improved technology for solid waste disposal.
Others are to investigate the development of area-wide solid waste
management systems to replace insanitary and uneconomic operations
by individual communities.
The Solid Wastes Program, as outlined in the Act, is aimed at initiating
across the Nation the adoption of practices and systems for disposing
of solid wastes which protect human health and scenic beauty.
In addition to demonstration projects, the Program supports research
and training in solid wastes management, provides up to 50 percent
support for statewide solid waste program planning, and assists local and
State governments with technical problems.
[p. 2]
Project type: Study/Invest/Demo. Grant Agency No. 1-D01-SW-00003-01
Title: Bagged Solid Waste Landfill Project
Project Director: Calvin A. Canney, Town Manager, Town Hall, Harrington, R.I.
Amount and year.—$30,830—01.
Started.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—To demonstrate the feasibility of rubbish and garbage disposal by the
"bag system" in a sanitary landfill and to determine the effect of this collection method
on the capacity of sanitary landfills.
Procedures.—One-third of the population of Barrington will be converted to the
"bag system." Detailed records of cost and failures will be kept. The bag will be used
either strictly for garbage or for garbage and rubbish. The effect of these variables on
sanitary landfill operations will be determined. Changes in the volume of collection and
also the volume requirement in sanitary landfills due to the use of different "bag
systems" will be determined by actual investigation. The degree of economy and
advisability of using this method will be determined by evaluation of the data, and by
assessment of public attitude.
[p-3]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00004-01
Title: Solid Waste Reduction/Salvage Plant
Project Director: John R. Reinhardt, Civil Engineer II, City of Madison, Engineering
Department, Madison, Wis.
Amount and year.—1375,000—01, $90,000—02, and $90,000—03.
Started.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—To make an economic study of the Gondard process of milling refuse as a
means of reducing volume for the purpose of extending the life of a landfill. To evaluate
the sanitary aspects of the milled refuse, economic feasibility of salvaging items such as
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502 LEGAL COMPILATION—SOLID WASTE
paper and metal, use of milled refuse as a landfill cover, and investigate physical
changes, in the condition of "milled" versus "as collected" refuse in the fill site.
Procedure.—In the first year of the program a building will be erected and milling
equipment will be installed. Landfill cells will be laid out, collection routes will be
determined. Primary determinations will be made (1) to acceptability of using milled
refuse in a landfill (2) to comparison of "in-fill" volumes and settlement characteristics
(3) to cost of sanitary landfilling using "as-collected" and "milled" refuse (4) to
evaluation of claims relative to rodents, insects, odor, dust and blowing litter (5) to
comparison of traffic load-bearing characteristics of both types of sites (6) to study the
effects of varying the mill grate mesh-size (7) to determine if milled refuse can be used
as a cover material for demolition debris and non-grindable materials (8) to compare
the gas production and bacterial content in both types of landfills (9) to observe the
extent of anaerobic and aerobic decomposition in the second and third year of the
project period operation, a landfill using milled refuse will be evaluated. Mesh-size
of the optimum size will be determined. Economic determination will be made con-
cerning salvable materials. Examination will be made of the landfill to determine if
when covered with a minimal amount of topsoil, it will support vegetation and be
suitable as a surface.
[P-4]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00005-01
Title: Solid Waste Disposal Study for Kalamazoo County—Michigan
Project Director: E. L. Bockstanz, Engineer Manager, Kalamazoo, County Road
Commission, P.O. Box 2127, Kalamazoo, Mich.
Amount and year.—$12,000—01.
Started.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—To investigate and report on the feasibility of various disposal methods
for Kalamazoo County. The firm of Jones, Henry and Williams will perform the entire
study. They plan to determine the present and future quantities of household and
industrial wastes, the possible location of disposal areas and the operating costs of the
disposal systems.
Procedures.—The consultant will endeavor to determine the combination of disposal
method and disposal site that best relieves the solid waste disposal problems of Kala-
mazoo County. To determine the optimum solution, the consultant will use data
accumulated by local agencies, aerial photographs, ground studies and subsurface
investigations.
[p. 5]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00006-01.
Title: Hydrogeology of Solid Waste Disposal Sites.
Project Director: Robert N. Farvolden, Associate Professor Geology, Department of
Geology, University of Illinois, Urbana, 111.
Amount and year.—$71,297—01, $27,335—02.
Started.—June 1966.
Expected finish.—May 1967.
Objective.—To define and study the geological factors that influence the movement of
groundwater into, or leachate away from, landfill solid waste disposal areas.
Procedures.—Several landfill sites will be selected for study in order to consider several
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GUIDELINES AND REPORTS 503
different geological formations. Soil borings at and around the selected disposal sites
will be used to define the geology of the disposal area. Piezometer tubes will be placed to
define the groundwater movement through the area. After completely defining the
geology and groundwater movement through the area, an attempt will be made to
define the factors that have the greatest influence on the movement of the ground-
water thru the disposal area. Water samples will then be collected and analyzed to
confirm the ideas. The ultimate objective of the study is to develop the criteria with
which to judge the groundwater pollution potential of a landfill when selecting a site.
[p-6]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00007-01
Title: Solid Waste Study and Planning Grant-Jefferson County
Project Director: Dr. John E. Heer, Professor, Civil Engineering, University of
Louisville, Louisville, Ky.
Amount and year.—$65,940—01.
Storied.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—To investigate the composition and volume of solid wastes generated as
well as the zones of generation. The methods of disposal most suited to the area and
type of waste will be investigated, as well as possible sites for future disposal units.
Procedures.—Jefferson County will be divided into three socio-economic areas; low,
medium and high. The average family income for each area is less than $5,000; $5,000-
$7,000; and more than $7,000 respectively. The amount and type of waste generated
in each area will be determined by surveys. This data will be used to determine the
type of disposal most suited for each area and to select possible future sites for solid
waste disposal.
[p. 7]
Project Type: Study/Invest/Demo. Grant Agency No. D01-SW-00009-01
Title: High Density Landfill Recovery Program
Project Director: John Nicholson, Assistant Director, King County Sanitary Opera-
tions, Seattle, Wash.
Amount and year.—$375,000—01, $71,008—02.
-Storied!.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—King County proposes to demonstrate the feasibility of using a refuse
burying compactor to create an economical sanitary landfill program that recovers
and salvages land presently unusable. They will provide for long haul transportation in
sanitary containers. These containers will be designed such that the refuse can be
transferred directly into the compactor whereby it will be extruded below ground level
at pressures up to 200 PSI. They hope to show the resultant landfill will be free of
decay, gas producing products, and settlement.
Procedures.—-Under the direction of Hayes Evans, King County Sanitary Operations
has designed and constructed the Transfer Stations, prepared designs for the transfer
containers and the unloading yoke. By June 1967 they hope to have completed the
engineering designs for the disposal machine. The 1967-68 program will involve the
construction and demonstration of the disposal machine.
[p. 8]
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504 LEGAL COMPILATION—SOLID WASTE
Project Type: Study/Invest/Demon. Grant Agency No. l-DOl-SW-00010-01
Title: Waste Incineration in Mechanically Agitated Fluidized Beds
Project Director: Richard C. Bailie, Associate Professor, Department of Chemical
Engineering, West Virginia University, Morgantown, W. Va.
Amount and year.—$95,627—01, $80,800—02.
Started.—June 1, 1966.
Expected finish.—May 31, 1968.
Objective.—To obtain a cleaner more economical method for the disposal of solid
wastes using fluidized bed techniques. Special emphasis will be placed on garbage,
rubbish, and sewage sludge.
Procedures.—A pilot plant study of a fluidized bed will be made to obtain the data
necessary for an evaluation of the process, to obtain operating experience, and to solve
expected problems. This data will be used to develop an optimum design for several
solid waste disposal problems. The following parameters will be studied:
a. Effect of varying the method of feeding including the feed composition.
b. Effect of changing certain bed characteristics.
c. Air Pollution control.
d. Chemical composition of influent and effluent.
e. Temperature of influent and effluent.
/. Heat Transfer.
g. Incineration of Sewage Sludge.
[p-9]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00011-01
Title: Gully Reclamation Method—Landfill Demonstration—Nebraska
Project Director: John N. Nueberger, General Manager, Papio Watershed Board,
Washington, Douglas and Sarpy Counties, Room 220, Hilcrest Center, Ralston,
Nebr.
Amount and year.—$72,300—01, $35,600—02, $35,600—03.
Started.—June 1966.
Expected finish.—May 1969.
Objective.—To demonstrate and promote the acceptance of landfills for county-wide
solid wastes disposal by utilizing the gully reclamation method.
Procedures.—A gully in the Papio Watershed area of Sarpy County will be selected
for a sanitary landfill site. Engineering studies will be conducted to determine the
location for erecting a dam type structure, with a suitable spillway across the lower
end of the gully. The dam and spillway will be erected with due regard to preventing
landfill seepage from polluting the downstream waterways. Operation of the landfill will
take place starting from the upstream end of the gully and progress toward the dam.
The usual sanitary landfill appurtenances will be included such as access roads, scale
and scale house, fencing gates, etc. Data on the amount, types of wastes materials,
cover depth, compaction and settlement will be collected. Seepage water samples will be
taken to determine the chemical and biological characteristics of internal drainage
water.
Project evaluation would include.— (1) Findings on management and operation
requirements to obtain community acceptance to the landfill methods employed; (2)
determining landfill site costs, financing, and user rates for solid waste disposal; and
(3) determining the value of gully reclamation by sanitary landfill operation in accom-
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GUIDELINES AND REPORTS 505
plishing conservation, controlling run-off channel grade, countryside beautification,
and satisfactory solid waste disposal.
[p. 10]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00013-01
Title: Multi-Purpose Incinerator—Connecticut.
Project Director: Norman W. Wagner, Supervisor of Sanitation, Bureau of Sanitation,
Magee Avenue, Stamford, Conn.
Amount and year.—$800,000—01, $30,000—02.
Started.—June 1966.
Expected finish.—May 1968.
Objective.—To demonstrate the practicability of burning bulk waste in a multi-
purpose incinerator.
Procedures.—Design and construct a 175 ton per day multi-purpose incinerator
adjacent to the City of Stamford's Sewage Treatment Plant. The design criteria will
utilize the research data which was developed through a recent Public Health Service
grant to Mr. Elmer Kaiser, Senior Research Scientist, New York University and from
information made available for the Detroit Special Waste Incinerator and DuPont
Special Waste Incinerator. The design features will provide: (1) for operation under
strict air pollution control requirements; (2) for burning of over-sized solid waste
items such as logs, stumps, brush, demolition lumber, furniture, tires, plastics, auto-
mobile bodies and non-gradeable highly volatile liquid residues. Evaluation procedures
of the incinerator's ability to handle these special wastes will develop or produce:
(1) accurate measurements of weights and volumes of all special wastes; (2) rules and
regulations governing the delivery of waste such as maximum size permissible; (3)
descriptions of complex industrial wastes; (4) information on which wastes are com-
patible and non-compatible when burned together; (5) methods of charging the
chamber; (6) operating temperatures; (7) draft measurements; (8) effectiveness of
centrifugal and electrostatic dust interceptors; and (9) information on excess air
requirements and stack emissions.
[p. 11]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00018-01
Title: Land Reclamation by Accelerated Stabilization.
Project Director: Ralph Stone, President, Ralph Stone & Co., Inc., Engineers, 10954
Santa Monica Boulevard, Los Angeles, Calif.
Amount and year.—$122,100—01, $98,825—02, $99,625—03.
Started.—June 1, 1966.
Expected finish.—May 31, 1969.
Objectives.—The City of Santa Clara is proposing to demonstrate the feasibility of
land reclamation by accelerated stabilization using aerobic high-rate and composting
test cells. They intend to show that the resultant sanitary landfill will be free of
methane and hydrogen gases, will have a reduction in the pollution of ground water
reduction in solid waste disposal costs and an increase in solid wastes disposal capacity
when compared to a conventional sanitary landfill.
Procedures.—In the first phase of this project, the city of Santa Clara will construct,
operate and compare conventional anaerobic sanitary landfills with two types of
aerobic landfills (composting and controlled high-rate oxidation) in order to obtain
their respective efficiencies in reclaiming land. Phase two will begin only if phase one
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506 LEGAL COMPILATION—SOLID WASTE
has been successful. It will demonstrate a full scale aerobic landfill in actual operation
and provide the city of Santa Clara with appropriate cost and land reclamation main-
tenance experience.
[p. 12]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00019-01
Title: Jefferson Parish (Louisiana) West Bank Refuse Collection.
Project Director: Ray E. Patron, Director of Garbage, 912 David Drive, Metairie, La.
Amount and year—$28,007—W.
Started.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—To analyze the existing collection and disposal systems in the 4 garbage
districts on the West Bank of Jefferson Parish and to evolve a plan for consolidating
these districts into one central organization.
Procedures.—The existing systems will be analyzed with regard to efficiency, eco-
nomics and potential growth. Collection methods and routes, transfer stations, in-
cineration, and landfill operations will be considered. Experienced consulting engineers
will be used.
[p. 13]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00020-01
Title: Recreational Use of Waste Incineration Heat
Project Director: Richard L. Nelson, Assistant Executive Administrator, Bergen
County Admin. Building, Hackensack, N.J.
Amount and year.—$300,000—01, $292,968—02, $23,067—03.
Started.—June 1966.
Expected finish—May 1969.
Objective.—To construct an incinerator so designed that it will be economical for
solid waste disposal, acceptable from the standpoint of air pollution control when
located in a recreation park area, and that it will service, through heat recovery, as a
source of economical power for the operation of adjacent recreational facilities.
Procedures.—A 600 ton/day incinerator would be constructed in a recreational park
area. The design includes the incorporation of air pollution control and waste heat
recovery devices. The unit would be evaluated to show the economics of operation, that
it is acceptable in a park area, and that it furnishes a power source for the economical
and efficient operation of adjacent recreational facilities such as a swimming pool and
ice skating rink.
[p. 14]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00021-01
Title: California Integrated Solid Waste Management System.
Project Director: Frank M. Stead, Division of Environmental Sanitation, State
Department of Public Health, 2151 Berkeley Way, Berkeley, Calif.
Amount and year.—$223,940—01, $178,687—02.
Started.—June 1, 1966.
Expected finish.—May 31, 1968.
Objective.—To investigate, plan, and design a regional Solid Waste management
system which can efficiently and economically handle all of the solid wastes of the area,
and to implement, construct, test, and evaluate the designed system.
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GUIDELINES AND REPORTS 507
Procedures.—The State Department of Health will conduct a systemized approach
to the Urban-Rural Solid Waste Management problems of the Fresno Region. The
actual investigation will be made by the Von Karman Center, Aerojet-General Corpora-
tion and Engineering-Science, Inc. The first objective of this study will be to develop a
methodology that can be generalized and used in any region. They plan to develop a
procedure for measuring the effectiveness of any proposed system in solving all prob-
lems created by solid wastes. They will then make an identification of the operating
conditions (waste loads; geological, meteorological, hydrologic and technology and
existing waste management practices) and conceptual designs of alternative systems.
By incorporating this data into their evaluation and comparative programs they hope
to recommend a solid waste management system that will alleviate current and future
solid wastes problems in the Fresno Region.
[p. 15]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00026-01
Title: Paterson, Clifton, Passaic, Wayne Regional Solid Waste Program
Project Director: Frank P. Francia, President, Board of Public Works, City Hall,
Paterson, N.J.
Amount and year.—$75,000—01.
Started.—June 1, 1966.
Expected finish.—May 31, 1967.
Objectives.—The primary objective of this project is to construct and operate a pilot
operation which will demonstrate the most economical solution to their solid waste
problems. To find this solution, they plan to evaluate the means, the procedures and
the mechanics of handling and disposing of solid waste through regionalized facilities.
Their findings and solution will be incorporated into the overall state plans.
Procedures.—The existing systems will be analyzed and all known methods for
disposing of solid wastes will be evaluated with respect to their particular area. In
addition an inventory and quantitation of industrial and household refuse will be made.
[p. 16]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00029-01A1
Title: Solid Waste Disposal Incinerator Prototype for Specialized Operations.
Project Director: E. F. Bannon, 274 Middle Street, Bridgeport, Conn.
Amount and year.—$272,506—01, $17,506—02.
Started.—December 1966.
Expected finish.—November 1968.
Objective.—The project objective is to construct a modification and improvement of
an experimental solid waste incinerator; to experimentally elicit information as to
practicability and safety of said device; to determine the relative cost per ton of
disposal; to determine the types and amounts of waste materials which can safely be
disposed of; and to secure information as to the relative hazards of disposing of volatile
and/or explosive substances which now must be buried.
Procedures.—The City of Bridgeport, Connecticut, will demonstrate the feasibility
of using two improved incinerators to combust materials which cannot be burned in
conventional incinerators. A "Detroit" type brush burner will be modified to provide a
heat exchanger mechanism to raise combustion temperatures. A special refractory
lining will be installed to withstand those high temperatures. The second incinerator
will be a modified "Dupont" open pit type. It will be improved by the addition of jets
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508 LEGAL COMPILATION—SOLID WASTE
of hot air generated in the "Detroit" incinerator. It will have special refractory lining
capable of withstanding a temperature of 3000°F. In the final system normal wastes
will be burned in conventional and bulky demolition wastes, volatiles, and explosives in
the "Dupont" incinerator. The economic practicability (by cost comparison) and the
safety of this equipment will be investigated. Experiments will also be conducted to
determine the most advantageous size and contour of the proposed pit, the angle of air
propellent types, the quantity of air needed according to the type of waste, the most
effective gas mixtures, the time needed to load, fire, and remove unconsumable waste,
and the type of solid waste that cannot be handled.
[p. 17]
Project Type: Study/In vent/Demon. Grant Agency No. 1-D01-SW-00030-01
Title: Gainesville Compost Plant.
Project Director: Houston H., Director, Gainesville Metropolitan Waste, Conversion
Corp., P.O. Box 1026, Wheaton, 111.
Amount and year.—$375,000—01, $832,320—02, $178,400—03.
Started—June 1, 1966.
Expected finish.—May 31, 1968.
Objectives.—To demonstrate a recently developed high-rate, mechanical composting
system for the disposal of municipal garbage and trash from medium sized communities.
It will also serve as a demonstration.
Procedures.—A "Metropolitan" mechanical composting facility will be constructed
to serve the City of Gainesville, the University of Florida, and Alachua County for a
seven-year demonstration period. Municipal sludge will be incorporated into the
municipal garbage and refuse. Fifteen per cent of the compost from the plant will be
donated to the City and the University for agricultural and horticultural demonstra-
tion purposes. The remainder will be sold to amortize the bonds issued by the Authority
for its share of the project.
Evaluation of the project will include complete cost analysis, product sales, demon-
stration procedures and arthropod and rodent control.
[p. 18]
Project Type: Study/Invest/Demon. Grant Agency No. 2-D01-SW-00033-02
Title: San Jose/Santa Clara County Solid Waste Disposal Demonstration Project
Project Director: Raymond C. Miller, Director of Public Health, San Jose, California.
Amount and year.—$58,500—01, $127,500—02.
Started.—January 1967.
Expected finish.—December 1967.
Objective.—To undertake a study to show that a solid waste disposal system, which
basically employs incineration, is feasible for accomplishing total solid waste disposal
for counties or districts containing metropolitan areas.
Procedures.—This study is a continuation of one which was funded for $39,000 for the
period 6/1/66 through 12/31/66. The study consists of a systems analysis approach to
develop a plan for handling all solid wastes produced in the San Jose Metropolitan
area and the Santa Clara County. This analysis would include: (1) determination of
solid waste situations in San Jose and all of Santa Clara County; (2) examination of
salvage and by-product markets, and the various processes by which these products
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GUIDELINES AND REPORTS 509
can be obtained; and (3) determination of functional specifications for disposal
demonstration facilities for San Jose Metropolitan area and disposal requirements for
all of Santa Clara County. Concurrently with the above, there will be undertaken a
systems analysis of the legal, political, and social aspects for full-plan development.
[p. 19]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00035-01
Title: Erie County Refuse Disposal Project
Project Director: Thomas C. West, Director, Division Environmental Health, Erie
County Department of Health, 2101 Peach Street, Erie, Pa.
Amount and j/eor.—$34,000—01, $10,000—02.
Started.—June 1966.
Expected finish.—May 1968.
Objective.—First Year: Evaluate existing solid waste collection and disposal opera-
tions in Erie County; and from findings propose refuse collection and disposal site
system that would properly serve the County.
Second year.—Study the sociological problems connected with the adverse reactions
of the population to the solid waste problem, and develop a public education program
to overcome the attitude.
Procedures.—The procedures used may be listed as follows: (1) A county-wide
survey of each existing dump and landfill sites will be undertaken. (2) A county-wide
survey to recommend location of new and suitable landfill sites will be undertaken.
(3) Existing methods of collection relative to haul distances will be evaluated. (4) The
two existing City of Erie incinerators will be evaluated. (5) The cost, method of pay-
ment, and rate schedule of future programs will be estimated. (6) A questionnaire
designed to determine a residents knowledge of and attitudes toward solid waste
disposal methods will be distributed. (7) An educational program based on the results
of the previous survey will be established. (8) Literature and mass media information
on solid waste disposal methods will be disseminated.
[p. 20]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00036-01
Title: Oklahoma County (Oklahoma) Solid Waste Disposal Study
Project Director: D. C. Clevland, Director, Division of Environmental Health,
City-County Health Department, 331 West Main St., Oklahoma City, Okla.
Amount and year.—$20,650—01, $20,650—02, $20,650—03.
Started.—June 1, 1966.
Expected finish.—May 31, 1969.
Objective.—To prepare a long-range plan for the collection and disposal of solid
wastes to serve Oklahoma County and the adjacent high density areas.
Procedures.— (1) Study existing legislation and promote permissive legislation if
area or district solid waste collection and disposal systems are not permitted; (2) Pre-
pare a long-range plan for collection and disposal of solid wastes; and (3) Conduct the
study and investigation with a sanitarian on the County's staff plus a consultant,
such plan to include collection routes, disposal sites, and transfer stations.
[p. 21]
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510 LEGAL COMPILATION—SOLID WASTE
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00038-01
Title: Incinerator No. 5 Phase I—Special Studies—Washington, B.C.
Project Director: William F. Young, Chief, Project Development and Engineering
Branch, Department of Sanitary Engineering, District of Columbia.
Amount and year.—$94,203—01.
Started.—June 1, 1966.
Expected finish.—May 31, 1967.
Objective.—To determine the feasibility and cost of incorporating certain features
into the design and construction of a proposed 800 TPD incinerator (Incinerator #5).
This project includes the study and investigation of: (a) Air Pollution Control;
(b) Heat Recovery; (c) Metal recovery; (d) Control Laboratory; (e) Chipper Instal-
lation, and (f) Compression Press.
Procedures.—A demonstration incinerator will be built within the District of
Columbia and will be operated by the Department of Sanitary Engineering. Six
separate but related studies will be made of this facility. These studies will include:
Air Pollution Control.—The effect of certain incinerator variables on the type and
quantity of atmospheric contamination and the contaminate effect on air pollution
control equipment will be studied.
Heat Recovery.—Refuse fuel variables and characteristics of certain equipment will
be studied.
Metal Recovery.—Recovery of metals before incineration and ferrous metals after
incineration.
Control Laboratory.—Available appropriate laboratory and monitoring equipment
will be studied.
Chipper Installation.—Investigate various types of chipper equipment for reduction
of large combustible materials.
Compression Press.—Various types of presses for reducing the volume of noncom-
bustibles will be determined.
[p- 22]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00039-1
Title: Maricopa County-wide Solid Waste Disposal
Project Director: Joseph Weinstein, Director, Division Environmental Health Services,
1825 E. Roosevelt, Phoenix, Ariz.
Amount and year.— $45,000—01, $21,000—02, $21,000—03.
Started.—December 1966.
Expected finish.—November 1969.
Objective.—The project objective is to review current solid wastes disposal practices
in Maricopa County; to appraise the influence and interrelationship of the currently
employed disposal systems on one another; to appraise the serviceability of these
systems to the county as a whole, and to develop a county-wide solid waste disposal
plan by which the county might develop methods and techniques to be used and
establish a timetable for putting the plan into effect.
Procedures.—A qualified consulting engineer will be responsible for attaining a
majority of the objectives listed. Personnel of the County Health Department will
make supplementary surveys of the availability and suitability of certain land for
landfill services. The type and quantity of solid wastes now being produced in the
county will be determined. The type of disposal practiced in the separate communities
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GUIDELINES AND REPORTS 511
including sanitary landfill, dumps, animal feeding, incineration, and composting will be
noted. The population and the waste production for the year 2000 will be projected.
An analysis of possible solutions to solid waste disposal problems will be made, in-
cluding area needed, location, and cost of landfills; the same analysis for incinerators;
and an estimate of the probable place of composting in solid waste disposal.
[p. 23]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00045-1
Title: Building an Amphitheater and Coastline Ramp with Municipal Refuse
Project Director: Charles S. Kiley, Director, Public Works, City of Va. Beach, 18th
and Arctic Avenue, Virginia Beach, Va.
Amount and year.—$180,300—01, $53,288—02, $55,424—03.
Started.—January 1967.
Expected finish.—December 1969.
Objective.—The city of Virginia Beach, Virginia proposes to demonstrate the feasi-
bility of constructing a hill or vertical sanitary landfill out of municipal refuse. The
project is designed to take three years, and upon completion the resulting hill—60
feet high consisting of densely compacted refuse—will take the form of an amphi-
theater and coasting ramp. Cover material will be obtained from a pit which will be
allowed to fill with water to form a lake. The final hill will be covered with vegetation
to prevent erosion.
Procedures.—The project site area will be thoroughly surveyed and prepared. The
land where the fill is to be placed will be evacuated to a depth somewhat above ground
water and a standard sanitary landfill will be started. A four-foot layer of refuse will be
placed, compacted, and covered each day with a 6-inch layer of earth. When earth from
the original cut is used up, earth from a borrow pit will be utilized. When the project
is completed, this pit will be allowed to fill with water to form a lake. Top soil will be
piled separately for use as a final cover material. This material will be placed on the
side slopes and covered with vegetation as the fill rises. Commencing with this project,
a nursery will be started to grow plants which will be used to fix the banks. The fill
will be shaped so that at completion an amphitheater and coasting ramp will be created.
This project has been designed to dispose of the refuse from a city of about 150,000
population for a period of about three years.
[p. 24]
Project Type: Study/Invest/Demon. Grant Agency No. A-D01-SW-00046-1
Title: Development of Construction and Use Criteria for Sanitary Landfills
Project Director: John A. Lambie, County Engineer, County Engineering Building,
108 West Second Street, Los Angeles, Calif.
Amount and year.—$99,500—01, $110,000—02, $94,000—03.
Started.—January 1967.
Expected finish.—December 1969.
Objective.—This project is designed to satisfy the following three objectives with
respect to design and operation of sanitary landfills; (1) The development of methods
to control gas movements from existing and new landfills; (2) The development of
methods to control leachate discharging from existing and new landfills; and (3) The
development of a "Code" for use in controlling construction of buildings on completed
sanitary landfills.
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512 LEGAL COMPILATION—SOLID WASTE
Procedures.—The procedures to be used during the course of this project are the
following: First Year—Provide solutions to the problem of decomposition gas move-
ment from sanitary landfills into surrounding soil and groundwaters. These solutions
will be the result of studies of (1) gas flow measurements (2) geologic configurations
(3) soil properties (4) subsidence rates and (5) gas control devices. Second Year—
Continue to investigate subsidence in sanitary landfills. The investigations will include
(1) a review of subsidence data obtained from other on-going solid waste disposal
projects (2) surveys of existing structures located on landfills in Los Angeles and
San Francisco areas (3) Evaluation of settlement data (4) studies of the effects of
settlement on structures, utilities, and roadbeds, and (5) Recommendation for con-
struction of above facilities on sanitary landfill sides. Third Year—The findings from
the first and second years will be combined and evaluated to provide specific design
and construction guidelines for sanitary landfills in urbanized areas. Solutions to
subsidence problems will be developed, pilot experiments to demonstrate the advan-
tages of volume reduction prior to landfilling will be conducted, salvage of materials
will be studied, and a control and inspection system for landfill operations will be
formulated. Throughout the study, specific proposals for demonstration projects will be
formulated.
[p. 25]
Project Type: Study/Invest/Demon. Grant Agency No. D01-SW-00048-01
Title: Use of Abandoned Strip Mines for Solid Waste Disposal in Maryland
Project Director: Wilfred H. Shields, Jr., Acting Chief, Division of Solid Wastes,
Maryland State Department of Health, 301 W. Preston St., Baltimore, Md.
Amount and year.—$43,178—01, $75,581—02, $72,561—03.
Started.—November 1966.
Expected finish.—October 1969.
Objective.—To determine the feasibility of using abandoned strip mines for landfills.
Procedures.— (a) To determine correct procedures, equipment requirements, and
other desirable operational techniques for efficient year-round utilization of abandoned
strip mines for solid waste disposal; (b) determine any special precautions needed to
prevent ground or surface wastes pollution caused by water leaching through the fill;
(c) determine the effect of sanitary landfill operations on acid formation; (d) deter-
mine the unit costs for disposal of solid waste; (e) determine the unit capacity of
strip mine landfills when used for disposal of solid wastes; (f) locate and estimate
capacity of strip mines in Maryland suitable for waste disposal and (g) determine the
effects of combining sewage sludge and solid waste disposal in the pit landfill.
[p. 26]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00050-01
Title: Evaluation of Alternatives in Refuse Disposal—City of Raleigh, N.C.
Project Director: Warren J. Mann, Director, Department of Public Works, Room 307,
Municipal Building, Raleigh, N.C.
Amount and year.—$41,718—01, $41,718—02, $41,718—03.
Started.—January 1967.
Expected finish.—December 1969.
Objective.—The study has the following objectives: (1) Application of existing
mathematical simulation model to city refuse collection to improve its efficiency;
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GUIDELINES AND REPORTS 513
(2) application of mathematical model to landfill site selection; (3) extend applied
mathematical model to evaluate regional solid waste management; (4) develop
methods to maximize salvage benefits by choice of disposal method.
Procedures.—The Quon, Charmes and Wersan simulation model of a refuse collection
system will be tested and applied to the refuse collection system of the City of Raleigh
to identify cost saving procedures in the collection of the City's waste. A second model
developed by Wersan, will be tested for application to disposal site selection for the
city's wastes. The origin and composition of wastes will be studied. A survey of avail-
able markets for recoverable materials will be made. Reasons for failure of abandoned
incinerators will be sought. The elements of a multiple-method disposal system will be
examined.
[p. 27]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00053-01
Title: County-wide Sanitary Landfill Refuse Disposal Project—Broome County, N.Y,
Project Director: Rolan M. Austin, 62 Water Street, Binghamton, N.Y.
Amount and year.—$42,000—01.
Storied.—November 1966.
Expected finish.—October 1967.
Objective.—Techniques, procedures and feasibility of financing, establishing and
operating a County-wide refuse program requiring the integration of numerous prob-
lems presently operated by large and small units of government will be demonstrated.
Procedures.—The County has previously determined that a sanitary landfill with
transfer stations is the most economical disposal method. They intend to (1) authorize
a County tax to establish, operate and maintain a County-wide refuse disposal pro-
gram; (2) plan, equip and operate a sanitary landfill; (3) evaluate conditions to handle
refuse from a combination of large urban areas and small communities; and (4)
develop and use educational material and information to help stimulate support for
County-wide refuse disposal programs.
[p. 28]
FOREWORD
The abstracts in this supplement describe projects awarded since pub-
lication of our March, 1967, issue. These projects have received awards
covering up to two-thirds of project costs as authorized by the Solid
Waste Disposal Act of 1965. The awards were made by the Solid Wastes
Program of the Public Health Service's National Center for Urban and
Industrial Health.
The projects are of two kinds. Some are designed to demonstrate the
feasibility of new and improved technology for solid waste disposal.
Others investigate the development of area-wide solid waste management
systems to replace insanitary and uneconomic operations by individual
communities.
The Solid Wastes Program, as outlined in the Act, is aimed at initiating
across the Nation the adoption of practices and systems for disposing of
solid wastes which protect human health and scenic beauty.
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514 LEGAL COMPILATION—SOLID WASTE
In addition to demonstration projects, the Program supports research
and training in solid wastes management, provides up to 50 percent sup-
port for statewide solid waste program planning, and assists local and
State governments with technical problems.
[p. 29]
Project Type: Study/Invest/Demon. Grant Agency No. 3-D01-SW-00018-02S1
Title: Land Reclamation by Accelerated Stabilization and Related Studies of Com-
pactor Equipment
Project Director: Ralph Stone, President, Ralph Stone & Company, Inc. Engineers,
10964 Santa Monica Boulevard, Los Angeles, Calif. 90025
Amount and year.-—$63,350—01, $45,120—02.
Started.—June 1, 1967.
Expected finish.—May 31, 1969.
Objective.—To compare the densities achieved in sanitary landfills using conventional
and self-propelled compaction equipment.
Procedures.—The first phase of this project will be to analyze compaction achieved
using conventional equipment. The D-9 caterpillar and F. W. Wagner WC-17 rubber-
tire compactor will be used. The second phase will be to determine the compaction
obtained using the SF-17 Wagner steel-tire compactor and compare this data to that
obtained in the first phase. Tests will be conducted regularly to determine refuse
composition, percent moisture, percent inerts, settlement of test cells, and bearing
capacity of test cells. A final report will conclude the project which will evaluate the
technical, economic and environmental aspects of landfill compaction using various
types of mechanical equipment.
[p. 30]
Project Type: Study/Invest/Demon. Grant Agency No. 2-D01-SW-00038-0.
Title: Incinerator No. 5 Phase II-Design.
Project Director: William F. Young, Chief, Project Development and Engineering
Branch, Department of Sanitary Engineering, Government of the District of
Columbia, 14th and E streets, NW., Washington, D.C. 20004.
Amount and year.—$390,081—01.
Started.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—To study, investigate, and develop a design for a solid waste incinerator
installation, together with satellite equipment, capable of reducing the volume of all
categories of solid wastes (exclusive of excavated and demolition non-combustible
materials) for disposal in sanitary landfills.
Procedures.—-The District of Columbia Department of Sanitary Engineering Pro-
poses to make a comprehensive investigation of the design features, and design of a
continuous feed incinerator and appurtenances. Investigations will be conducted to
determine the performance of special equipment (e.g. mechanical collectors and electro-
static precipitators) and to develop design modifications which will make them suitable
for use in municipal solid waste incineration. Size reduction of large combustible
objects by a large hammer mill will be investigated and if proven feasible will be
incorporated into the design. Special control and research laboratory facilities will also
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GUIDELINES AND REPORTS 515
be included in the design of the incinerator so that a thorough evaluation can be made
on the refuse incinerator while operating under all conditions. Included in the study will
be an investigation of procedures and actions which a municipality must take for
interim disposal of solid wastes during design and construction of a permanent facility.
The design of this incinerator also will demonstrate how to incorporate a single juris-
diction's solid waste facility into a long range regional plan.
[p- 31]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00040-01
Title: Solid Waste Disposal by Incineration, Using an Incineration with Characteris-
tics Requiring Minimum Control Equipment.
Principal Investigator (s): Geertz, C.; Galli, G.; Feldstein, M.; and Johnson, H.
Project Director: Clifford J. Geertz, City Engineer, Room 359, City Hall, San Fran-
cisco, Calif.
Amount and year.—$175,790—01, $233,290—02, $235,790—03.
Storied.—April 1, 1967.
Expected finish.—March 31, 1970.
Objectives.—-Develop, design and construct a municipal type refuse incinerator with
operating characteristics that would meet the requirements of the several air pollution
control districts in the Pacific Coastal area with a minimum of control equipment.
Procedures.—-Incineration process features which will be studied, developed, fabri-
cated and tested include; (1) A mechanical grate capable of functioning with a mini-
mum of excess air; (2) multiple chamber furnace without" conventional" bridge and/or
curtain wall; (3) a secondary chamber located to obtain turbulence and complete
burnout of gases; (4) air jets for inducing turbulence and mixing at the entrance to the
secondary chamber; and (5) a fly ash scrubber, which, when used in conjunction with
the other components, would produce an effluent capable of meeting air pollution
regulations. Design factors would be evaluated by testing under varying conditions of
operation. Construction, maintenance and operating costs information will be developed
for a unit capable of handling 100 to 150 tons per day.
[p. 32]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-0057-1
Title: Refuse Crusher—Tacoma, Wash.
Project Director: Gibert M. Schuster, P.E., Director of Public Works, City of Tacoma,
930 Tacoma Avenue South, Tacoma, Wash. 98402.
Amount and year.—$158,036—01, $198,932—02, $78,854—03.
Started.—June 1, 1967.
Expected finish.—May 31, 1970.
Objective.—To demonstrate the feasibility of disposing demolition wastes by
shredding and compacting into a sanitary landfill. This operation will help to eliminate
the City of Tacoma's current air pollution problem caused by open burning of demoli-
tion waste. By reducing the bulk of the material to a more practical size, the disposal
of this material in a sanitary landfill becomes more practical.
Procedures.—In the first year of the project, scales and a scale house will be purchased
and installed. A metal wheel compactor will also be purchased. A three phase, 18-month
evaluation of the project will then be conducted in the city's sanitary landfill. During
Phase I the sanitary landfill will be operated under controlled conditions using solid
wastes without demolition material. Accurate records of the volume and weight of the
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516 LEGAL COMPILATION—SOLID WASTE
regular solid wastes will be kept. During Phase II the landfill will be operated under
controlled conditions incorporating unshredded demolition waste. The weight and
volume of material used in the landfill will be recorded. Prior to Phase III a hammer
shredder will be purchased and will be used in Phase III to combine shredded demolition
waste with the regular solid waste at the sanitary landfill. The weight and volume of
waste will be recorded both before and after the shredding process. The evaluation of
this project will include the investigation of the sources of solid wastes for inclusion in
the sanitary landfill as well as the practical and economical aspects of this disposal
process.
[p. 33]
Project Type: Study/In vest/Demon. Grant Agency No. 1-D01-SW-00060-01
Title: Des Moines Metropolitan Area Solid Waste Study and Investigation
Project Director: Leo L. Johnson, P.E., Director of Public Services, City of Des Moines,
City Hall, Des Moines, Iowa 50309.
Amount and year.—$109,483—01.
-Storied.—April 1, 1967.
Expected finish.—March 31, 1968.
Objective.—To make a comprehensive and detailed analysis of present solid waste
collection and disposal operations on a metropolitan basis (the study area consists of
the city of Des Moines, twelve surrounding communities, and portions of two counties),
and from this analysis make a recommendation which will suggest the best method for
collection and disposal both now and in the future.
Procedures.—The consulting firm, Henningson, Durham, and Richardson, is em-
ployed to conduct this study. This firm in cooperation with the project staff plans to
include the following actions in its study: (1) Analyze the quantities and nature of
wastes, (2) review present solid waste collection practices and cost analysis methods,
(3) analyze existing disposal methods and investigate possible disposal methods,
(4) investigate existing laws regulating solid waste collection and disposal operations,
(5) analyze existing administrative procedures, and (6) determine the best method for
financing both the capital and operating costs of the recommended program.
The analysis of collection and disposal data will be handled by computer programing
for determining now and maintaining in the future the most economical and feasible
system for these operations.
The final report will include recommendations dealing with legislation, financing,
system of administration, type and location of disposal sites, system of collection, and
the method for coordinating all of these interrelated factors.
[p. 34]
Project Type: Study/Invest/Demon. Grant Agency No. 1-001-SW-00061-01
Title: Investigate and Evaluate Feasibility of Refuse Baling as a Means of Conserving
Sanitary Fill Space—San Diego, Calif.
Project Director: Eric Quartly, Public Works Director, City of San Diego, City
Administration Building, San Diego, Calif. 92101
Amount and year.—$90,900—01.
Storied.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—The City of San Diego, California proposes to investigate and analyze
refuse baling in comparison with its present Sanitary Landfill Conservation Methods to
determine the relative efficiency and economics of refuse baling as a means of extending
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GUIDELINES AND REPORTS 517
the life of sanitary landfill sites and reducing the haul distance of its refuse collection
vehicles. This study and investigation will be oriented towards determining whether
the construction of a pilot baling station as a demonstration project is feasible.
Procedures.-—The procedures to be used during the course of this project are the
following: (1) Contact national and international baling companies to determine the
variety and capabilities of the equipment available or adaptable for baling of refuse.
(2) Obtain suitable balers from local businesses and conduct initial tests evaluating
the various refuse baler equipment available to determine which is most suitable for
use in pilot operations. (3) Compile data on costs and the compaction achieved with the
present sanitary landfill operations as the basis for evaluating the potential economics
feasibility of refuse baling. (4) Evaluate the economics of a baling/transfer station
operation versus a direct haul operation with baling at the final site.
[p. 35]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00063-01A1
Title: Development of Master Plan for Solid Waste Collection and Disposal—New
Orleans, La.
Project Director: F. Earl Berry, Superintendent of Sanitation, Room 2W13—City
Hall, New Orleans, La. 70112
Amount and year.—$117,913.07—01.
Started.—June 1, 1967.
Expected finish—-May 31, 1968.
Objectives.—To analyze present collection and disposal facilities and procedures
employed for residential and commercial wastes, and to recommend a master plan for
the next twenty years for an integrated collection and disposal facility for the New
Orleans Metropolitan Area.
Procedures.—The development of a master plan for the New Orleans Metropolitan
Area will proceed in three phases:
Phase 1: A population and economic study will be conducted to determine the
present status and expected growth of the area for the next twenty years.
Phase 2: The present collection and disposal system will be evaluated and other such
systems will be studied.
Phase 3: An economic and financial study will be made of the collection and disposal
systems presented in Phase 2 and final recommendations will be made for a program of
solid waste methods and procedures for the next two decades and its development by
stages to meet public need and protect public health.
[p. 36]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00069-0
Title: Farmington River Valley Solid Waste Disposal Study and Investigation
Project Director: Stephen A. Flis, Town Manager, Town of Farmington, Town Hall,
Unionville, Conn. 06085.
Amount and year.—$28,991—01, $30,180—02.
Started.—April 1, 1967.
Expected finish.—March 31, 1969.
Objective.—Determine the practicality and relative economic advantages of pro-
viding refuse disposal service for subregional, low-density population areas through a
cooperative, five-town group effort.
Procedures.—The primary objective of this project will be achieved by: (1) Analyzing
refuse collection and transportation costs under different methods and different
collection frequencies while providing uniform and better service to the homeowner;
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518 LEGAL COMPILATION—SOLID WASTE
(2) determining the location, size and availability of refuse disposal facilities that will
best serve this group of towns and contiguous municipalities if economic considerations
so indicate; (3) determining the types and the cost of refuse disposal facilities that will
most efficiently serve these towns; (4) evaluating the possibility of employing several
disposal methods in the refuse disposal system; (5) setting up a training program for
personnel operating solid waste services including administrative rules and pro-
cedures—this advice would be available to other municipalities with similar problems;
(6) establishing and recommending for adoption uniform refuse handling and storage
procedures at the household level, and (7) establishing procedures for the disposal of
tree trimmings, logs, stumps and bulky objects, including junk cars.
[P. 37]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00070-01
Title: Solid Waste Disposal Study for Flint and Genesee County Metropolitan Area,
Mich.
Project Director: Thomas H. Haga, Director-Coordinator, Genesee County Metro-
politan Planning Commission, 511 Courthouse, Flint, Mich. 48502
Amount and year.—$64,063—01, $3,770—02.
Started—April 1, 1967.
Expected finish.—March 31, 1969.
Objective.—To conduct a thorough solid waste disposal study for Genesee County.
This study will include: (1) A quantitative and qualitative analysis of the solid waste
produced, (2) an inventory of present solid waste disposal facilities, and (3) recom-
mendations which will enable Genesee County to meet its future solid waste disposal
needs.
Procedures.—The project staff in cooperation with all governmental units, private
haulers, and commercial and industrial organizations will determine the composition of
solid waste produced in the study area and locate all disposal areas and facilities, in-
cluding size, availability of utilities, and any special characteristics. The consultant,
Consoer, Townsend, and Associates, will conduct sufficient additional qualitative and
quantitative studies so that the solid waste disposal needs of Genesee County can be
projected to the year 1995. With this information the consultant will then prepare a
report and recommendations for an efficient solid waste collection and disposal system
(including preliminary cost estimates) for the Flint metropolitan area and the entire
county.
Since this project is being supported by industry and government, the project staff
in conjunction with the consultant will attend any and all meetings necessary to explain
the proposed recommendations to all governmental units and interested civic and
industrial organizations in the study area in an effort to secure approval of the pro-
posed recommendations.
[p. 38]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00072-01
Title: Solid Waste Collection and Disposal Study—Harrison County, Miss.
Project Director: To be named.
Amount and year.—$50,000—01.
Started.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—To make a comprehensive study of solid waste collection and disposal
practices within Harrison County, Mississippi, and to develop a twenty-year plan for
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GUIDELINES AND REPORTS 519
collection and disposal practices within the area. Further it is intended to integrate the
present separate solid waste collection and disposal facilities of the individual munici-
palities into an overall county system.
Procedures.—-The County of Harrison, Mississippi has retained the services of
Albert Switzer & Associates, Inc. of Mississippi to provide the engineering services
required to fulfill the objectives of the project. These services will be conducted in a
three phase operation. Phase one will include a population and economic study on
present and future conditions in the County. Phase two will prepare and present the
Master Waste Collection and Disposal Plan for the County. This will involve con-
ducting studies on present and future waste collection and disposal systems needed for
the area. During Phase three an economic and financial study will be conducted on the
collection and disposal systems proposed in phase two. Recommendations will be made
in a final report on the facilities and methods needed by the County to conduct an
efficient and economical solid wastes collection and disposal program.
[p. 39]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00073-01
Title: Investigate the Potential Benefits of Rail Haul as an Integral Part of Waste
Disposal Systems
Project Director: Dr. Karl W. Wolf, Research Associate, American Public Works
Association Research Foundation, 1313 East 60th Street, Chicago, 111. 60637
Amount and year.—$257,800—01, $88,300—02, $68,700—03.
Started.—April 1, 1967.
Expected finish.—March 31, 1970.
Objective.—The project staff intends to make a thorough and comprehensive evalua-
tion of the costs and benefits obtainable for the collection, transportation and disposal
of solid wastes from urban areas by the use of rail-haul techniques.
Procedures.—The project consists of three major phases—one phase occurring each
year. Phase One is concerned with the identification, development and setting up of the
rail haul and related solid waste transport and disposal techniques. Phase Two imple-
ments the rail haul waste disposal concept in cooperation with a selected number of
communities. Phase Three concludes the project by a comprehensive evaluation of the
concept and techniques of Phase Two.
More detailed steps in the various phases of the procedure consist of applying systems
analysis techniques to the time and cost aspects of the project. Likewise, the project
task force will meet periodically to evaluate and enhance the systems analysis schedules,
the ground rules, and the individual assignments through constructive criticism.
After the first phase-year of the project, a final report covering the first year's work will
be written. This detailed and documented report, in conjunction with a procedural
manual shall explain how rail-haul concepts can be applied to various types and kinds of
communities. Furthermore, by the end of the first year a number of demonstration
projects hopefully will be set up in a selected number of communities so that actual
operations will commence at the beginning of the year. These operations will be con-
ducted in close cooperation with the New York Central Railroad.
[p. 40]
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520 LEGAL COMPILATION—SOLID WASTE
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00076-01
Title: Solid Waste Disposal Study and Investigation Project Grant—Brockton, Mass.
Project Director: Alvin Jack Sims, Mayor, City of Brockton, City Hall, Brockton,
Mass. 02401
Amount and year.—$27,450—01.
Started.—June 1, 1967.
Expected finish.—August 31, 1967.
Objective.—To investigate and evaluate the Melt-Zit high temperature pilot in-
cinerator at Whitman, Massachusetts. The purpose of this study will be to determine
the feasibility of such a system for the City of Brockton and the several contiguous
towns comprising the Brockton Standard Metropolitan Statistical Area (SMSA).
Procedures.—The Melt-Zit high temperature pilot incinerator at Whitman, Massa-
chusetts will be tested and evaluated. The tests will show operating costs and results of
the incinerator and particulate matter in the gases as well as gas analyses. The owner of
the plant, the American Design & Development Corporation, will make available the
incinerator, operate it, and furnish instrumentation. The City of Brockton will furnish
refuse needed for the tests in quantity up to 100 tons per day. The tests will be con-
ducted in two periods of five days each. One period will provide for eight hour per day
operation and the other will provide for continual operation. Professor Kaiser of New
York University will have the responsibility of conducting the operations tests,
analyzing samples of refuse and end products, and preparing a report describing the
test results. Mr. Fred Rehm will measure and report on the gas analyses. Fay, Spofford,
and Thorndike, Consulting Engineers will provide general supervision.
[p. 41]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00078-1
Title: Problems and Solutions in Regional Approach to Incineration of Solid Wastes—
Central Wayne County, Mich.
Project Director: Virgil E. Eller, Superintendent, Central Wayne County Sanitation
Authority, 4901 Inkster Road, Dearborn Heights, Mich. 48125
Amount and year.—$98,700—01.
Started.—June I, 1967.
Expected finish.—May 31, 1968.
Objective.—The Central Wayne County Sanitation Authority proposes to demon-
strate the advantages of installing Fly Ash Slurry Treatment and the savings that can
be accomplished in water costs, sanitary sewer maintenance and general operation.
Procedures.—The consulting engineering firm of Pate, Hirn & Bogue, Inc. will con-
duct the demonstration project in three stages. The first stage will consist of a complete
investigation and evaluation of existing systems as well as equipment and materials
available for pumping, conveying and treating the fly ash relative to treatment
efficiency and partial recovery of process water. At the same time a detailed study of the
plant and the quantity and quality of the waste will be made. The second stage will
consist of the preparation of plans and specifications using the selected system. Com-
petitive bids will be received; the treatment facility will be constructed and placed in
operation. The third stage will consist of testing and evaluating the system. Data on
flow, solids volume, efficiency of solids removal, water saved and the effects on the
sanitary sewers will be collected. A report will be written covering this test data and
results.
[p. 42]
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GUIDELINES AND REPORTS 521
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00080-0
Title: Agricultural Benefits and Environmental Changes from Use of Digested Sewage
Sludge on Field Crops
Project Director: Charles T. Mickle, Chief Engineer, The Metropolitan Sanitary
District of Greater Chicago, 100 East Erie Street, Chicago, 111. 60611
Amount and year.—$494,000—01, $207,000—02, $213,000—03.
Started.—April 1, 1967.
Expected finish.—March 31, 1970.
Objective.—To determine the practicality of disposing of digested sewage solids on
land with primary consideration given to: 1) investigation of factors relevant to the
contamination of surface water and groundwater, and 2) investigation of factors
relevant to the pollution of soils with heavy metals, highly soluble salt concentrations,
grease and organic compounds inherent in the sewage sludge, and 3) investigate factors
relevant to the method, frequency, rate, and time for safely applying digested sewage
sludge on sandy soil.
Procedures.—The field installation will consist of 36 plots, 30 feet long and 20 feet
wide, separated on each side by a 20 foot border and sealed to prevent lateral water
movement.
Field infiltration tests with water will be conducted periodically after various rates
of digested sludge have been applied to the land in order to evaluate the risk of con-
taminating surface water by runoff from rain water.
Clay drainage tile will be placed at a depth of five feet through the center of each
plot. This tile will convey the drainage water to an instrument house for chemical and
biological analyses.
Laboratory, greenhouse, and field analyses on plant growth under the various rates
and frequencies of digested sewage sludge application will be conducted to determine
which crops and crop practices obtain the greatest extraction of heavy metals and
soluble salts.
[p: 43]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00081-01
Title: Illinois Auto Salvage Waste Pollution Control
Project Director: Larry Goddard, Executive Director, Illinois Auto Salvage Dealers
Association, 612 South Second Street, Springfield, 111. 62704
Amount and year.—$40,820—01.
Started.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—To develop a program for automotive salvage dealers in Illinois for up-
grading the disposal of solid wastes to eliminate problems currently affecting the health
and welfare of the public and to prevent the development of future problems of this
character.
Procedure.—Illinois auto salvage dealers are pressed by public agencies to improve
their solid wastes disposal to eliminate health and welfare problems resulting from
current practices and to modify their operations to prevent future public health
problems. The applicant representing the dealers of Illinois has retained the consulting
firm of Crawford, Murphy, and Tilly, Inc. to conduct a study of the problem and to
provide information and recommendations. Guidelines will be prepared for the collec-
tion, handling, storage, and processing of abandoned autos. The location and extent of
activities of auto salvage dealers within the state will be determined. A complete survey
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522 LEGAL COMPILATION—SOLID WASTE
will be made of the literature related to automotive salvaging, including incineration,
shredding and compacting of automobiles. An economic study will be made so as to
determine the impact of upgrading the handling, processing, storage, and disposal of
automobiles.
[p. 44]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00082-01
Title: Control of Dust in Handling of Solid Wastes.
Project Director: Allan J. Kronbach, Assistant General Manager, P.O. Box 1234,
Berkley, Mich. 48072
Amount and year.—$40,000—01.
Started.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—To study and investigate the feasibility and economic practicability of
controlling the spreading of dust into the atmosphere within the incinerator building
and environment during the process of handling solid waste material for disposal. If
the results of the study show merit, the design, installation, and demonstration of the
dust equipment will follow.
Procedures.—The Southeastern Okland County Incinerator Authority plans to
conduct a study to find new methods for controlling dust within incinerator plants or
handling areas. The proposed study would include development of such dust control
plans, economic evaluations of the plans and economic feasibility reports of the most
promising plans. Basic criteria for the dust control plans would be development of a
system designed to achieve:
1. "Capture" of air borne dust particles as near the point of generation as
possible.
2. No reduction in incinerator efficiency.
3. A decrease in the atmospheric air pollution in and adjacent to the plant.
4. Elimination of discomfort to the plant personnel and truck drivers.
5. Maintain normal atmospheric pressures in the building.
[p. 45]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00084-1
Title: Western Jefferson County, Wisconsin Solid Waste Disposal Study.
Project Director: Bruce O. Frudden, P.E., Mead and Hunt, Inc., P.O. Box 5247,
Madison, Wis. 53705
Amount and year.—$6,500—01.
-Started.—June 1, 1967.
Expected finish—-May 31, 1968.
Objective.—To determine the feasibility of a joint solid waste disposal system for the
communities of Fort Atkinson, Jefferson, Lake Mills, Waterloo, Johnson Creek, and
the surrounding rural township. Special consideration will be given to the establish-
ment of a utility to operate a solid waste disposal system for the subject communities.
Objective.—The entire study will be performed by a consultant firm. Mead & Hunt,
Inc. and will be compiled into a report. The scope of the study will include consideration
of the following items:
(1) Population and project increase.
(2) Type and quantity of refuse and projected increase.
(3) Present collection methods, frequency of pick-ups, equipment, personnel and
costs.
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GUIDELINES AND REPORTS 523
(4) Review of available methods of disposal including landfill, incineration, garbage
grinding and digestion, milling, and others.
(5) Analysis of refuse disposal projects that appear feasible for the area being
studied.
(6) Cost estimates for each type of project analyzed, including capital expenditure
and annual operating costs.
(7) Conclusions and recommendations.
[p. 46]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00087
Title: Tocks Island Regional-Interstate (Pennsylvania, New Jersey and New York)
Solid Waste Management Study.
Project Director: Frank W. Dressier, Executive Director, Tocks Island Regional
Advisory Council, 612 Monroe Street, Stroudsburg, Pa. 18360
Amount and year.—$84,510—01, $107,490—02.
Started.—June 1, 1967.
Expected finish.—May 31, 1969.
Objective.—Demonstrate regional interagency solid waste planning under the leader-
ship of a new type of regional agency, the Tocks Island Regional Advisory Council
(TIRAC) which is an organization of representatives from the six member counties in
the tri-state region affected by the Delaware Water Gap National Recreation Area
and explore and demonstrate the feasibility of resolving a major environmental health
problem (solid waste disposal) on a regional bases inter-local and/or inter—local, inter-
state cooperation and action.
Procedures.—The study will be carried out through a combination of staff and
consultant activities supplemented with information and studies to be provided by the
three state health agencies and by information supplied by the Delaware River Basin
Commission environmental study currently underway. The three states involved,
Pennsylvania, New Jersey and New York will undertake a special "Legislative Study"
to determine the legal powers and responsibilities which exist in the solid waste field at
the state regional, county and local levels of government. A detailed work program will
investigate a "systems planning" approach which may provide cost effectiveness data
on various plans to be developed and will also permit the study readily to be updated
in the future. Three committees, a steering committee, a technical advisory committee
and a solid waste management committee, each composed of one member of each of the
participating agencies will be established to insure successful execution and eventual
implementation of the recommendations of the study.
[p. 47]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00089-01
Title: Incinerator Water Treatment System and Air Pollution Scrubber Test
Project Director: Wayne Seifert, Plant Superintendent, Whitemarsh Township
Authority, Township Building, Lafayette Hill, Pa. 19444
Amount and year.—$145,000—01, $18,000—02, $18,000—03.
Storied.—June 1, 1967.
Expected finish.—May 31, 1970.
Objective.—To test the effectiveness of the waste water treatment system for clarifying
and reusing waste water in incineraters and to test the air pollution control effective-
ness of the floeded baffle scrubber.
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524 LEGAL COMPILATION—SOLID WASTE
Procedures.—The 300 ton per day single furnace Whitemarsh Authority incinerator
has recently been renovated. Part of the renovation included the installation of a
closed water handling and treatment system and an air pollution control scrubber. The
water treatment system proved to be inadequate. A new system has been developed
utilizing a chemical treatment for precipitation and pH control, a grit chamber type
process water clarifying unit consisting of a thickening mechanism and a dewatering
mechanism, and lagoons for final clarification. The project will concern the construction
and testing of this new system. The designers feel that the new treatment system will
demonstrate successfully, that incinerator waste-water can be properly treated and
reused, and that the air pollution control scrubber will provide adequate protection.
[p. 48]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00090-1
Title: Study and Investigation of Solid Waste in Appalachian Regional Demonstration
Health Area—Ten counties in West Virginia
Project Director: O. R. Lyons, Director, Solid Waste Disposal Planning, West Virginia
State Department of Health, Charleston, W. Va. 25305
Amount and year.—$14,425—01.
Started.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—To survey and identify quantity and character of existing solid waste
conditions in the region for now and in the future, to study the inter-county approach
to solution of solid waste problems involving ten counties in a depressed area and
develop a regional plan for waste disposal including a forecast of future needs of the
region.
Procedures.—The study will be conducted by members of the engineering faculty at
the West Virginia Institute of Technology. Mr. L. M. Blockwell, Director of Engi-
neering will be in overall charge of the study. Three field men will conduct investiga-
tions in the area to obtain such information as amounts and kinds of waste generated in
the area and present means of disposal. From these data the area will be divided into
waste disposal zones using volume of waste and existing transportation facilities as
guides. The disposal problems of each of these zones will be dealt with on an individual
basis. At this time any discrepancies of deficiencies in data will be reviewed and cor-
rected. Various meetings with the Southern West Virginia Regional Health Council
are planned so that the final report will reflect both the engineering judgment of the
study group and the ideas and concerns of the Council.
[p. 49]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00091-01
Title: Bulk Refuse Crusher Facility—Buffalo, N.Y.
Project Director: Leonard S. Wegman, Leonard S. Wegman, Co., 101 Park Avenue,
New York, N.Y. 10017
Amount and year.—$380,200—01, $392,300—02, $35,100—03.
Started.—June 1, 1967.
Expected finish.—May 31, 1970.
Objective.—To demonstrate the feasibility of presizing bulky municipal refuse prior
to disposal by incineration, thus increasing the ability of new and existing incinerators
with limited-size charging openings to handle bulky waste that is presently finding its
way to open dumps and open burning.
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GUIDELINES AND REPORTS 525
Procedures.—The City of Buffalo proposes to install a bulk refuse crusher as an
addition to a municipal incinerator which today has no air pollution equipment. The
present incinerator has batch feed furnaces and expansion and subsidence chambers.
It is designed to handle 400 tons of refuse per day. In addition to the bulk refuse
crusher, a completely new incinerator train consisting of a continuous stoker type
furnace, a special chamber to accept and burn bulky uncrushed items, an enlarged wet
bottom settling chamber, a spray chamber, and cyclone fly ash collectors to provide air
pollution controls will be installed. The furnaces in the existing plant will be upgraded
with similar air pollution control devices. The enlargement will increase the plant
capacity to 660 tons per day.
Accurate records will be kept of the operation to establish the quantities, weight and
characteristics of the material processed. Records on the bulk refuse crusher will also
provide data as to power, consumption, maintenance, labor and other costs to deter-
mine the economic feasibility of wide-spread use of such a facility by other communities
faced with the problem of oversized discard disposal.
[p- 50]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00092-01
Title: Economic Feasibility of Composting Refuse and Sewage Sludge in Southeastern
Michigan—Riverview, Michigan
Project Director: Milton D. Redlick, Civil Engineer, Johnson & Anderson, Inc., 2300
Dixie Highway, Pontiac, Mich. 48055
Amount and year.—$9,780—01.
Started.—June 1, 1967.
Expected finish.—October 15, 1967.
Objective.—To evaluate the economic feasibility of constructing a refuse and sewage
sludge composting plant in the city of Riverview with particular attention to the market
value and quantity of the finished compost and salvaged material.
Procedures.—The existing marketing channels in the Southern States for refuse
compost will be reviewed and evaluated. The present marketing channels for chemical
fertilizer in the Michigan area will be surveyed, analyzed, and reported. The methods of
bulk shipping, primarily rail and truck, will be investigated. The capital and operating
costs for refuse composting plants of various capacities will be developed and reported.
The project will be culminated in a written report outlining the results of the survey and
conclusions as to the economics of composting.
[p. 51]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00093-01
Title: Demonstration of Solid Waste Disposal Machine and Consolidation of Several
Separate Disposal Operations Into One County Operated Project.
Project Director: William M. Friedman, Jr., Assistant Commissioner for Environ-
mental Health, Niagara County Health Department, 525 Dewley Building,
Lockport, N.Y. 14094
Amount and year.—$544,525—01, $98,544—02.
Storied.—June 1, 1967.
Expected finish.—May 31, 1969.
Objective.—To demonstrate the feasibility of consolidating and centralizing the
solid waste disposal facilities of Niagara County with a population of 250,000 into one
regional solid waste management under an established county agency. The project will
demonstrate the capabilities of a newly developed landfill compaction machine. It also
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526 LEGAL COMPILATION—SOLID WASTE
proposed to rehabilitate 13 existing disposal sites which are to be abandoned, therefore
eliminating numerous existing nuisance conditions.
Procedures.—The Solid Waste Agency has been established to serve Niagara County
in its solid wastes affairs. The Agency proposes for its first project to establish two
county sanitary landfills. One site will use the newly developed D&J Press refuse
machine, while the other will use standard landfill equipment. The D&J Press refuse
machine, which is capable of receiving, compacting, and covering refuse at a rate of
35 tons per hour, will be tested and evaluated. All solid waste received will be weighed
and recorded. Complete records will be kept on the operational costs of the operation
and of the operational difficulties of the machine. An economic study will be conducted
on the site with ordinary landfill equipment to determine the feasibility of converting
this site to a transfer station. Existing disposal sites will be closed and rehabilitated
during the project period.
[p. 52]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00095-1
Title: Comprehensive Study of Solid Waste Disposal—Cascade County, Mont.
Project Director: John A. Googins, M.D., Health Officer, City-County Health Depart-
ment, 1130-17th Avenue South, Great Falls, Mont. 59401
Amount and year.—$57,000—01.
Started.—June 1, 1967.
Expected finish.—May 31, 1968.
Objective.—Cascade County, Montana proposes: (1) To investigate and define
existing conditions as to solid waste storage, collection and disposal in the county.
(2) To determine the most economical, efficient and effective methods for storing,
collecting and disposing of solid wastes in the county. (3) To implement study findings
by preparing a comprehensive solid waste disposal report for Cascade County.
Procedures.—The study will be conducted through the joint efforts of the County of
Cascade, City of Great Falls, City of Belt, the Towns of Cascade and Neihart and the
consulting engineering firm, Thomas Dean and Hoskins, Inc. Inventories of existing
facilities and practices will be prepared. Determination of the most economical, efficient
and effective methods of storage, collection and disposal will be made. Implementation
will be in the form of a final report which will include a regional collection plan, develop-
ment of alternative methods of disposal, recommended ordinances or regulations to
provide effective utilization, and a public relations program to gain public support.
[p. 53]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00097-1
Title: Shredding of Bulky Solid Wastes for New York City
Project Director: Maurice M. Feldman, P.E., Deputy Commissioner, Engineering
Department of Sanitation, 125 Worth Street, New York, N.Y. 10013
Amount and year.—$2,151,000—01.
Started.—June I, 1967.
Expected finish.—May 31, 1968.
Objective.—This project provides for the development, design, and construction of a
facility in the City of New York to shear and shred, or otherwise reduce, the widest
possible range of bulky solid wastes to manageable size for the effective and useful
disposal in waterfront land recovery, sanitary landfill, or for preparation for incinera-
tion. This facility must be capable of handling 975 tons/day of oversized solid wastes.
Procedures.—Prior to this project, the City of New York hired a consulting engineer
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GUIDELINES AND REPORTS 527
to conduct a preliminary study which involved studying all existing shearing-grinding
apparatus and reporting as to whether the City can use existing machinery or whether
new types of equipment must be developed. The first phase of the demonstration
project will begin by preparing from this preliminary study a detailed report which will
consist of plans and specifications of the installation. Once this report is completed,
construction of the 975 ton/day shredder will begin. Upon completion of the shredder,
an independent testing agency, J. G. White Engineering Corporation, will be employed
to record and evaluate the actual overall economics of operation. Parameters used in
the report will include (a) outage rates, (b) feeding rates, (c) shredding rates, (d)
power consumption, (3) direct operating costs, (f) indirect and maintenance costs, and
(g) amortization costs. Truck scales will be installed for measurement of shredded
waste ^utput. Interim and final test reports, documenting the City's experience with the
installation will also be issued.
[p. 54]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00102-0
Title: Dairy Manure Management Methods—Monroe, Wash.
Project Director: Dr. Donald E. Proctor, Associate Sanitary Engineer, Sanitary
Engineering Section, College of Engineering Research Division, Washington
State University, Pullman, Wash. 99163
Amount and year.—$336,767—01, $134,083—02, $139,445—03.
Started.—June 1, 1967.
Expected finish.—May 31, 1970.
Objective.—The Washington State University proposes to work with the State
Reformatory Honor Farm at Monroe, Washington to demonstrate facilities and tech-
niques that will reduce the possibility of dairy manure's being washed or carried into
streams, increase the fertilizer values actually realized, and hopefully, reduce the cost
and unpleasant aesthetic considerations now associated with the management of this
solid waste.
Procedures.—A system of three independent anerobic lagoons will be used for both
storage of the manure and degradation of the most putrescible constituents. Variations
in the rates of loading and in the depth and volumes of the lagoons are two of the
many variables to be experimented with in this project. The manure will ultimately
be applied to fields but only during the drier seasons of the year when run-off is least
likely and when the need for the fertilizer constituents is highest. Evaluation of all
phases of the project will be carried on by a staff drawn from the Washington State
University's Sanitary Engineering Section, Department of Animal Sciences, and
Department of Agronomy. Complete documentation and evaluation will be provided
through papers, reports and speeches presented throughout the duration and at the
conclusion of the project.
[p. 55]
Project Type: Study/Invest/Demon. Grant Agency No. 1-D01-SW-00106-01
Title: Demonstration of Improved Incinerator Technology for a Small Community
Project Director: Walter K. Smith, Borough Manager, Borough of Shippensburg,
P.O. Box 129, Shippensburg, Pa. 17257
Amount and year.—$204,813—01, $20,100—02, $20,100—03.
Started.—June 1, 1967.
Expected finish.—May 31, 1970.
Objective.—To demonstrate that a small mechanically stoked rotary grate incinera-
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528 LEGAL COMPILATION—SOLID WASTE
tor can provide a small municipal area with a feasible means for the disposal of solid
wastes which will meet Air Pollution standards, eliminate environmental health
hazards, and be the most economical method of disposal in an area where sanitary
landfill methods cannot be adopted.
Procedures.—The Borough of Shippensburg will construct, demonstrate, and
evaluate a stainless steel, perforated rotary grate incinerator. The proposed unit is
manufactured by the Kennedy Van Saun Corporation.
Records will be kept of the operation of the incinerator. They will include the weight
of refuse fed into the incinerator, the amount of residue produced, the type and water
content of refuse received, the amount of time needed to incinerate an average load of
refuse, the actual operating costs of the incinerator, and various difficulties and prob-
lems of operation, should there be any. The Borough also hopes to demonstrate that the
incinerator residue can be used as fine material in the soil cement stabilization process.
[p. 56]
4.7 SUMMARIES OF RESEARCH AND TRAINING GRANTS IN
SOLID WASTE DISPOSAL, U.S. DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE,
JANUARY 1967.
DISCRIMINATION PROHIBITED—Title VI of the Civil Rights Act of 1964
states: "No person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any program or activity receiving Federal financial
assistance." Therefore, projects supported by grants or awards from the Solid
Wastes Program, like every program or activity of the Department of Health,
Education, and Welfare, must be operated in compliance with this law.
[p. ii]
TABLE OF CONTENTS
Page
Introduction 1
Part I: Research Grants Terminated Before Fiscal Year 1966
Title
Bacterial Contamination from Hospital Solid Wastes 5
Garbage and Wastes for Mushroom Production 6
The Physical and Chemical Composition of Municipal Refuse 6
Sanitary Engineering Applied to Livestock Manures 7
National Conference on Solid Waste Research 8
Incineration of Infectious and Radioactive Solid Wastes 8
Part II: Research Grants Supported During Fiscal Year 1966
Sixth Year of Support
Factors Controlling Utilization of Sanitary Landfills 11
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GUIDELINES AND REPORTS 529
Fourth Year of Support
Composting Fruit and Vegetable Refuse 11
Mathematical Simulation of Kefuse Collection and Disposal Systems 12
Third Year of Support
Integrated Control of the House Fly 13
Incineration of Bulky Municipal Refuse 13
Sanitary Landfill Investigation 14
Handling, Treatment, and Disposal of Animal Wastes 14
Succession and Ecology of Diptera in Cattle Droppings 15
A Study of Farm Wastes 16
Pyrolysis of Municipal Refuse 16
Biological Consequences of Plant Residue Decomposition in Soil 17
Second Year of Support
A Study of Incinerator Residue 18
Microbiological Stabilization of Animal Wastes 18
Pyrolysis of Solid Municipal Wastes 19
Systems Analysis of Shipborne Municipal Incineration 19
[p. iii]
First Year of Support
Page
Comprehensive Studies of Solid Waste Management 20
Nitrogen Cycle Ecology of Solid Waste Composting 20
Hospital Solid Waste Disposal in Community Facilities 21
Engineering Properties of Farm Wastes 21
Fly and Economic Evaluation of Urban Garbage Systems 22
Conference of Institute for Solid Wastes 22
Partial Oxidation of Solid Organic Wastes 23
Fate of Insecticides in Composted Agricultural Wastes 23
National Symposium on Animal Wastes Management 24
Continuous Incineration of Municipal Refuse 24
National Conference on Solid Waste Management 25
Biological Methane Formation 25
Part III: Research Grants Initiated between July 1,1966 and January 1,
1967 in Fiscal Year 1967
Cellulose Degradation in Composting 29
Chemical Transformation of Solid Wastes 29
Disposal of Dairy Cattle Manures by Aerobic Digestion 30
Dynamic Evaluation Procedure Refuse Handling Systems 30
Livestock Waste Management and Sanitation 31
Pollution of Subsurface Water by Sanitary Landfill 31
Microbiology and Acid Production in Sanitary Landfills 32
Effects of Garbage Compost on Soil Processes 32
Poultry Manure Disposal by Plow Furrow Cover 33
The Mode of Action of Pectin Enzymes 33
Using Wastes Formed in Vegetable and Cheese Production 34
Optimal Policies for Solid Waste Collection 34
Citric Acid from Citrus Waste by Fermentation 35
Pipe Transport of Domestic Solid Wastes - 35
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530 LEGAL COMPILATION—SOLID WASTE
Part IV: Training Grants Supported During Fiscal Year 1966-67
Institutions
Drexel Institute of Technology 39
Georgia Institute of Technology 39
University of Michigan 39
University of Texas 40
University of Florida 40
West Virginia University 41
Index of Project Directors 43
[p. iv]
Introduction
THIS PUBLICATION describes briefly research and training activities
in solid wastes management supported by Public Health Service grants
through January 1, 1967. A small grant program in solid wastes studies
was funded by the former Division of Environmental Engineering and
Food Protection through December 1965. After that date, funding of
these grants was transferred to the Office of Solid Wastes. The Office
was established under authority of the Solid Waste Disposal Act and is
now the solid Wastes Program in the Public Health Service's National
Center for Urban and Industrial Health.
Work in progress under the Program is primarily that of (1) initiating
and accelerating research and development for new and improved methods
of healthful and economic solid waste disposal and (2) providing technical
and financial assistance to local and State governments and interstate
agencies in the planning, development, and conduct of solid waste disposal
programs. In general, the role of the Federal Government is that of
supporting partner with public and nonprofit private agencies in efforts
to improve protection against pollution by solid wastes with emphasis
on recycling wastes or converting them into marketable products.
Major parts of the Solid Wastes Program, other than grant-supported
research and training, include (1) local and State projects for demon-
strating new and improved solid waste technology with up to two-
thirds Federal support; (2) local and State studies and investigations
of regional waste management systems which also receive up to two-
thirds support; (3) statewide solid waste surveys and program planning
with up to 50 percent support; (4) training, in addition to that supported
by the training grant program, for administrative and operative solid
wastes personnel; (5) technical services to supplement solid waste manage-
ment competencies at local and State levels; and (6) research on special
problems in solid wastes.
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GUIDELINES AND REPORTS 531
Research and training grants support activities in all phases of solid
waste management, including collection, storage, disposal and recycling
of wastes, and health problems related to these services. Research grants
generally are awarded to universities, nonprofit research organizations,
and other public or private nonprofit agencies or institutions. Training
grants usually support programs leading to advanced degrees in engineer-
ing, science, and economics in institutions of higher education.
The research summaries which follow describe purposes and procedures
and list publications resulting from the work. The summaries generally
are in an order related to the length of time projects have been supported.
The training summaries describe the development of solid wastes curricula
in the universities.
[p. 1]
Parti
Research Grants Terminated before Fiscal Year 1966
BACTERIAL CONTAMINATION FROM HOSPITAL SOLID
WASTES
Prof. Richard G. Bond, School of Public Health, University of Minnesota,
Minneapolis, Minn.
EF 00007-04
Final Year Support: $48,870
Terminated: December 1963
PURPOSE: To study the microbial hazards involved in solid waste
handling, and associated housekeeping procedures in a representative
cross section of hospitals.
PROCEDURE: (1) Investigate waste handling and resulting bac-
teriological contamination at production areas, storage and utility areas,
and at the site of ultimate disposal. In addition to conventional solid
wastes such as waste basket trash, this included medical and surgical
wastes, reusable instruments, laundry and kitchen wastes. (2) Duplicate
the techniques associated with waste handling in a chamber where the
microbiological environment is controlled, and study the quantitative
and qualitative bacteriology associated with the particular method of
solid waste handling. (3) Experimentally investigate methods of min-
imizing environmental contamination in three special areas, namely:
linen chutes, corridor floor cleaning procedures, and experimental animal
surgery facilities.
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532 LEGAL COMPILATION—SOLID WASTE
Publications
GREENE, V. W., BOND, R. G. AND MICHAELSEN, G. S. Air handling systems must be
planned to reduce the spread of infection. Modern Hospital 95: (2)136, Aug. 1960.
GREENE, V. W., VESLEY, D., BOND, R. G., AND MICHAELSEN, G. S. The engineer and
infection control. Hospitals JAHA 34: (17)69, Sept. 1, 1960.
GREENE, V. W. AND HERMAN, L. G. Problems associated with surface sampling tech-
niques and apparatus in the institutional environment. Journal Milk and Food
Technology 24: (8)262, Aug. 1961.
VESLEY, D. AND BRASK, M. Environmental implications in the control of hospital-
acquired infections. Nursing Outlook 9: (12)742. Dec. 1961.
GREENE, V. W. AND VESLEY, D. Method for evaluating effectiveness of surgical masks.
Journal of Bacteriology 83:663, 1962.
GREENE, V. W., VESLEY, D. AND KEENAN, K. M. New method for microbiological
sampling of surfaces. Journal of Bacteriology 84:188, 1962.
GREENE, V. W., VESLEY, D., BOND, R. G. AND MICHAELSEN, G. S. Microbiological
contamination of hospital air. I. Quantitative studies. Applied Microbiology
10: (6) 561, Nov. 1962.
GREENE, V. W., VESLEY, D., BOND, R. G. AND MICHAELSEN, G. S. Microbiological
contamination of hospital air. II. Qualitative studies. Applied Microbiology
10: (6) 567, Nov. 1962.
MICHAELSEN, G. S. AND VESLEY, D. Industrial clean room versus hospital operating
rooms. Air Engineering. 5: (9)24, Sept. 1963.
VESLEY, D. AND MICHAELSEN, G. S. Application of a sampling technique to the
evaluation of bacteriological effectiveness of certain hospital housekeeping pro-
cedures. Health Laboratory Science 1:(2)107, April 1964.
BULLOCK, W. E., HALL, J. W., SPINK, W. W., DAMSKY, L. J. GKEENE, V. W., VESLEY,
D. AND BAUER, H. A staphylococcal isolation service: epidemiologic and clinical
studies over one year. Annals of Internal Medicine 60: (5)777, May 1964.
MICHAELSEN, G. S. Waste Handling. IN Proceedings, National Conference on Insti-
tutionally Acquired Infections, Minneapolis, Minnesota. Sept. 4-6, 1963. PHS
Publication No. 1188, p. 65.
VESLEY, D. Surface sampling techniques for the institutional environment-present
status. IN Proceedings, National Conference on Institutionally Acquired Infections,
Minneapolis, Minnesota. Sept. 4-6, 1963. PHS Publication No. 1188, p. 101.
[p. 5]
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GUIDELINES AND REPORTS 533
GARBAGE AND WASTES FOR MUSHROOM PRODUCTION
Dr. Seymour S. Block, Research Department of Chemical Engineering,
University of Florida, Gainesville, Fla.
EF 00008-05
Final Year Support: $17,940
Terminated: December 1964
PURPOSE: To study the production of composts capable of yielding
mushrooms.
PROCEDURE: The objectives of this study were to prepare composts
from municipal and industrial wastes capable of yielding (1) mushrooms
for human consumption, (2) protein and vitamin-rich fungus mycelium
for animal feed, and (3) humus fertilizer for plant growth.
The work demonstrated that when properly blended, fortified, and
composted these waste materials will support mushroom growth and
produce mushrooms in good yield and flavor. Analysis of the spent
residue, composed largely of mushroom mycelium, shows it to contain
over 15 per cent nitrogen. As an animal feed, the residue was shown to
have potential as a feed ingredient for ruminants.
Publications
BLOCK, S. S. Developments in the production of mushroom mycelium in submerged
liquid culture. Journal Biochemical and Microbiological Technology and Engi-
neering. 2: (3)243, September 1960.
RAO, S. N. AND BLOCK, S. S. Experiments in small-scale composting. Developments in
Industrial Microbiology. 3:326, 1962.
BLOCK, S. S. AND RAO, S. N. Sawdust compost for mushroom growing. Mushroom
Science. 5:134, 1962.
BLOCK, S. S. Effect of casing soils on the shape of the mushrooms. Mushroom Science,
5:321, 1962.
AMMERMAN, C. B. AND BLOCK, S. S. Feed from wastes: feeding value of rations con-
taining sewage sludge and oakwood sawdust. Journal Agricultural and Food Chemis-
try. 12: (6) 539, November/December 1964.
BLOCK, S. S. Composting conversion of solid wastes for mushroom growing. Bio-
technology and Bioengineering. 6: (4)403, December 1964.
BLOCK, S. S. Garbage composting for mushroom production. Applied Microbiology.
13: (1)5, January 1965.
BLOCK, S. S. AND RAO, S. N. Small scale composting for mushroom growing studies.
Developments in Industrial Microbiology. 6:284, 1965.
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534 LEGAL COMPILATION—SOLID WASTE
THE PHYSICAL AND CHEMICAL COMPOSITION OF
MUNICIPAL REFUSE
Dr. Don E. Bloodgood, Department of Sanitary Engineering, Purdue
University, Lafayette, Ind.
EF 00146-05
Final Year Support: $13,800
Terminated: December 1962
PURPOSE: To develop methods of sampling and analyzing municipal
refuse.
PROCEDURE: Field studies were conducted in seven major mid-
western cities in order to obtain samples of refuse for laboratory analysis
as well as to estimate the accuracy of the method used in obtaining these
samples. It was found that sample areas constituting only 0.06 per cent
of the population of a city the size of Milwaukee could be used to estimate
within seven per cent the quantity of refuse production from the entire
city.
Laboratory studies were conducted in order to determine the error due
to two necessary stages of sampling of the collected refuse prior to chem-
ical analyses. Laboratory studies also included the development of
[p. 6]
reliable methods for determining the following tests on municipal refuse:
moisture, K20, P20s, sulfur, and calorific value.
Results indicated significant differences in both quantity and quality
of refuse produced in medium, high, and low socio-economic areas of a
city.
Publications
BELL, J. M. The physical and chemical composition of municipal refuse. The Reporter,
APWA 29: (1)11, January 1962.
ETZEL, J. E. AND BELL, J. M. Methods of sampling and analyzing refuse. The Reporter,
APWA, 29: (11)2, November 1962.
BELL, J. M. Characteristics of municipal refuse. IN Proceedings, National Conference
on Solid Waste Research, American Public Works Association, Chicago. December
1963. 1.28.
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GUIDELINES AND REPORTS 535
SANITARY ENGINEERING APPLIED TO LIVESTOCK
MANURES
Dr. Samuel A. Hart, Department of Agricultural Engineering, University
of California, Davis, Calif.
EF 00265-04
Final Year Support: $14,400
Terminated: August 1965
PURPOSE: To develop sanitary and effective methods of managing
the manure produced on concentrated livestock farms, such as dairies,
beef feed lots, and poultry farms. Methods and machinery were investi-
gated to develop means of collecting manure from where it is defecated by
the animals.
PROCEDURE: Both laboratory and pilot plant operations of various
processing and stabilization techniques—such as digestion, algae ponds,
activated sludge composting, and drying—were conducted to develop
methods feasible at the farm level. In addition, final disposal techniques
and outlets were evaluated. These ideas were studied with the thought
that the most probable disposal will be on agricultural land, where it
must compete with inorganic fertilizers.
Publications
HART, S. A. Digestion tests of livestock wastes. Journal Water Pollution Control
Federation. 35: (6)748, June 1963.
HABT, S. A. Fowl fecal facts. World's Poultry Science Journal. 19: (4)262, October/De-
cember 1963.
OSTBANDBK, C. E. AND HART, S. A. Degradation of manure collected in water under
chickens. Poultry Science. 43: (5)1144, September 1964.
HART S. W. Thin spreading of slurried manures. Transactions American Society of
Agricultural Engineers. 7: (1)22, 1964.
HART, S. A. AND FAIRBANK, W. C. Disposal of perished poultry. IN Proceedings,
Second National Symposium on Poultry Industry Waste Management, University of
Nebraska, Lincoln, Nebraska, May 19-20, 1964. p. 213.
HART, S. A. AND TURNER, M. E. Lagoons for livestock manure. Journal Water Pollution
Control Federation. 37: (11)1578, November 1965.
HART, S. A. AND GOLTJEKE, C. G. Producing algae in lagoons. Transactions of the
American Society of Agricultural Engineers, Vol. 8, November 1, 1965. p. 122.
HART, S. A., MOORE, J. A. AND HALE, W. F. Pumping manure slurries. IN Proceedings,
National Symposium on Animal Waste Management. Michigan State University,
East Lansing, Michigan. May 5-7, 1966. p. 34.
[p. 7]
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536 LEGAL COMPILATION—SOLID WASTE
NATIONAL CONFERENCE ON SOLID WASTE RESEARCH
Dr. Ross E. McKinney, Department of Civil Engineering, University of
Kansas, Lawrence, Kans.
EF 00549-01
One Year Support: $18,478
Terminated: June 1964
THESE FUNDS supported in part a National Conference on Solid
Waste to stimulate research in this field. Recognition was given in the
long-range aspects of the solid waste disposal problem and the urgency of
working toward a solution. The conference, held for two and one-half
days in December 1963 in Chicago, reviewed the problem of solid wastes
in the United States. Some 36 papers and summaries were presented by
authorities in the field.
The conference covered research needs in waste characteristics, waste
collection and transportation, and waste treatment and utilization, with
efforts directed toward encouraging young researchers to meeting the
research needs in this field.
The budget covered mainly travel and per diem for program par-
ticipants and Study Section members, travel for 30 young researchers,
travel for three foreign scientists, preparation and printing of the pro-
gram, stenotype recording, and transcription and publication of the
proceedings.
Publications
PROCEEDINGS, National Conference on Solid Waste Research, The American Public
Works Association, Chicago, Illinois, December 1963.
INCINERATION OF INFECTIOUS AND RADIOACTIVE
SOLID WASTE
Dr. Leslie Silverman, Department of Industrial Hygiene, Harvard School
of Public Health, Boston, Mass.
EF 00579-01 and 01S1
Final Year Support: $52,122
Terminated: June 1965
PURPOSE: To investigate and analyze the performance characteristics
of a new institutional incinerator-boiler facility, designed to dispose of
combustible, infectious, and low-level radioactive biological, as well as
solid wastes, from research laboratories and hospitals.
PROCEDURE: Utilized the Harvard incinerator-boiler as a proto-
type after completion of the customary manufacturers acceptance tests
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GUIDELINES AND REPORTS 537
and investigated the decontamination that may be attained in a specially
designed combination incinerator-boiler.
[p. 8]
Part II
Research Grants Supported during Fiscal Year 1966
FACTORS CONTROLLING UTILIZATION OF SANITARY
LANDFILLS
Professor Robert C. Merz, Department of Civil Engineering, University
of Southern California, Los Angeles, Calif.
Grant No: SW 00028-06
Fiscal Year 1966
Support: $29,718
PURPOSE: To expand a continuing program for obtaining field
information on factors controlling volume reduction in a sanitary land-
fill, with emphasis on physical and biochemical phenomena.
PROCEDURE: The various landfilling techniques are being carried
out for this project in a large landfill operated by the Los Angeles County,
California Sanitation Districts. Six landfill study cells, about 50 feet
square by 20 feet deep, were originally constructed in landfills, with three
special purpose cells constructed later.
In these cells, the effects of soil admixtures, compaction, aeration,
moisture, and temperature and various sanitation studies are being
evaluated. Each load of refuse used is weighed and categorized as to
composition.
Efficient utilization of landfill sites is an important aspect of this study.
This research has received Public Health Service support since May 1960.
Publications
MERZ, R. C. AND STONE, R. Landfill settlement rates. Public Works, 93: (9) 103,
September 1962.
MERZ, R. C. AND STONE, R. Gas production in a sanitary landfill. Public Works,
95: (2) 84, February 1964.
MEEZ, R. C. AND STONE, R. Sanitary landfill behavior in an aerobic environment.
Public Works, 97: (1)67, January 1966.
MERZ, R. C. AND STONE, R. Factors controlling utilization of sanitary landfill site.
Final Report to DHEW, NIH, USPHS, January 1, 1964 to December 31. 1965.
University of Southern California, Los Angeles, California. (Limited Distribution).
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538 LEGAL COMPILATION—SOLID WASTE
COMPOSTING FRUIT AND VEGETABLE REFUSE
Mr. Walter A. Mercer, National Canners Association, Western Research
Laboratory, Berkeley, Calif.
Grant No: SW 00039-04
Fiscal Year 1966
Support: $29,146
PURPOSE: The purpose of this study is to develop a rapid, aes-
thetically acceptable, reliable, and economic method of disposal for the
high-moisture solid refuse produced in harvesting and processing fruits
and vegetables, emphasizing accelerated rates of aerobic composting.
PROCEDURE: Pilot studies were conducted using aeration bins in
which mixtures of fruit and vegetable canning wastes were composted
with dry, moisture-absorbing materials. Redwood bark, straw, sawdust,
rice hulls, coffee grounds, and final compost from this process have been
used for this purpose. In addition to these studies, the effects of repeated
additions of fresh waste on the compost process with intermittent or
continuous forced aeration are being investigated. Parallel to and using
information obtained by these pilot studies, are large scale windrow
composting studies. In most cases, the compost material is turned and
mixed on a flexible schedule.
This research has received Public Health Service support since April 1963.
[p. 11]
Publications
MERCER, W. A., ROSE, W. W., CHAPMAN, J. E., KATSTJYAMA, A. M,, & DWINNELL, F.
JK. Aerobic composting fruit and vegetable refuse. Compost Science. 3: (3) 9,
Autumn 1962.
MERCER, W. A. Industrial solid wastes; The problems of the food industry. IN Pro-
ceedings, National Conference on Solid Waste Research, American Public Works
Association, Chicago, Illinois. December 1963. p. 51.
ROSE, W. W., AND MERCER, W. A. Composting fruit waste solids. IN Proceedings,
Eleventh Pacific Northwest Industrial Waste Conference, Corvallis, Oregon, May
9-10, 1963. Engineering Experiment Station, Oregon State University Circular
No. 29. p. 32.
ROSE, W. W., KATSTJYAMA, A. M., CHAPMAN, J. E., PORTER, V., ROSEID, S. AND
MERCER, W. A. Composting fruit and vegetable refuse. Compost Science 6: (2)13,
Summer 1965.
ROSE, W. W. AND MERCER, W. A. Treatment and Disposal of Potato Wastes. IN
Proceedings, International Symposium on Utilization and Disposal of Potato
Wastes, Fredericton, New Brunswick, Canada. May 24-27, 1965. p. 147.
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GUIDELINES AND REPORTS 539
MATHEMATICAL SIMULATION OF REFUSE COLLECTION
AND DISPOSAL SYSTEMS
Dr. Abraham Charnes and Dr. J. E. Quon, Department of Applied
Mathematics, Northwestern University, Evanston, 111. 60201
Grant No: SW 00048-04
Fiscal Year 1966
Support: $18,394
PURPOSE: The development and perfection of a mathematical model
to simulate the municipal refuse collection and disposal problem. This
model enables the engineer-designer to predict the behavior of a wide
variety of proposed designs quickly and accurately, and thus to predict
an optimum solution based upon more complex criteria than it has
previously been possible to evaluate.
PROCEDURE: Preliminary collection and analysis of refuse disposal
unit operations cost data and the expected type and amount of pollution
resulting from the various collection and disposal methods were obtained
from literature. Data also were obtained by communication and direct
interview with responsible municipal authorities, public health workers,
and consulting engineers. A mathematical simulation analysis of refuse
collection and disposal systems was developed. A computer program
capable of considering stochastic variations in the system parameters
was written for the daily route method of refuse collection. Initial compu-
tations served to delineate the relationships of the several performance
parameters (over-all collection efficiency, length of workday, etc.) to the
characteristics of the system (average daily quantity of refuse, daily
variability in the quantity of refuse, truck capacity, etc.).
This research has received Public Health Service support since September
1962.
Publications
WERSAN, S., EISEN, R., QUON, J. AND CHARNES, A. Computer Simulation of a Refuse
collection System. Systems Research Memorandum No. 101, The Technological
Institute, College of Arts & Sciences, Northwestern University. April 1964. 31 pp.
Limited Distribution.
QTJON, J. E., CHARNES, A. AND WERSAN, S. J. Simulation and Analyses of a Refuse
Collection Systems. Journal Sanitary Engineering Division, ASCE 91: (5) 17 Oct.
1965.
[p. 12]
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540 LEGAL COMPILATION—SOLID WASTE
INTEGRATED CONTROL OF THE HOUSE FLY
Dr. Richard C. Axtell, Department of Entomology, North Carolina State
University, Raleigh, N. C.
Grant No: SW 00020-03
Fiscal Year 1966
Support: $6,900
PURPOSE: To explore factors affecting the attractiveness of house
flies to various predacious, manure-inhabiting mites and study the sus-
ceptibility of these mites to insecticides commonly used for house flies.
PROCEDURE: Two specific studies are being conducted. In one study,
mixed populations of manure mites are being examined to determine if
the combination of different species results in higher frequency of pre-
dation and phoresy. Further work will be carried out to isolate the
pheromones present in manure and in house flies responsible for the
attraction of mites. Microsurgery techniques with a laser beam are being
used to investigate in greater detail the role of certain sensory areas in the
mite for attraction. In the other study, laboratory tests of the compar-
ative toxicities of various insecticides for house fly larvae and predaceous
mites have been completed for 16 compounds. Additional insecticides
will be screened for toxicity and promising compounds will be tested in
the field.
This research has received Public Health Service support since September
1968.
Publications
AXTELL, R. C. Phoretic Relationship of Some Common Manure-Inhabiting Maeco-
chelidae (Acarine: Mesostigniata) to the House Fly; Annals of the Entomological
Society of America, 57: (5)584, September 1964.
O'DoNNELL, A. E. AND AXTELL, R. C. Predation by Fuscuropoda Vegetans (Acarina:
Uropodidae) on the House Fly (Musca domestica); Annals of the Entomological
Society of America, 58: (3)403, May 1965.
FARISH, D. J. AND AXTELL, R. C. Sensory functions of the palps and first tarsi of
macrocheles muscaedomesticae (Acarina: Macrochelidae), a predator of the house
fly; Annals of the Entomological Society of America, 59: (1)165, January 1966.
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GUIDELINES AND REPORTS 541
INCINERATION OF BULKY MUNICIPAL REFUSE
Prof. Elmer R. Kaiser, Department of Chemical Engineering, New York
University, New York, N. Y.
Grant No: SW 00027-03
Fiscal Year 1966
Support: $26,160
PURPOSE: To investigate the fundamentals of incineration of bulky
refuse when burned in a controlled refractory-lined furnace. Bulky refuse
normally is too large for charging into conventional municipal incin-
erators. Emphasis is on the determination of an optimum time for con-
sumption along with minimum emission of smoke and fly ash and a non-
combustible residue.
PROCEDURE: The approach being used is to determine the physics
and chemistry of the controlled combustion during the burning of dif-
ferent types of bulky refuse. Temperatures of the solids and gases in the
pile, of the exit flue gases and of strategic refractory surfaces will be
measured. In addition, gases will be sampled, the rate of air supply
measured, dust in the flue gases determined and density evaluations
made.
This research has received Public Health Service support since Feb. 1964-
[p. 13]
Publications
KAISBH, E. R. The incineration of bulky refuse. IN Proceedings, 1966 National
Incinerator Conference. American Society of Mechanical Engineers, New York,
N.Y., May 1-4, 1966. p. 39.
SANITARY LANDFILL INVESTIGATION
Prof. Jerry C. Burchinal, Department of Civil Engineering, West Virginia
University, Morgantown, W. Va.
Grant No: SW 00038-03
Fiscal Year 1966
Support: $29,374
PURPOSE: To identify the groups of micro-organisms active in refuse
decomposition; to study oxidation conditions of buried refuse and the
effects of moisture, temperature and nitrogen,'to investigate gas production
and its composition in a landfill; to determine the effects of nitrogen,
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542 LEGAL COMPILATION—SOLID WASTE
phosphorous, and potassium on refuse decomposition; and to obtain
basic chemical and bacteriological data concerning water pollution
around landfills.
PROCEDURE: To accomplish these objectives, fresh household
refuse and material retrieved from landfills were studied in parallel.
In addition, the effects of different strip-mine spoils on refuse, either
mixed or in layers, were studied. Generally, these were laboratory in-
vestigations under controlled conditions, using various test cylinders for
simulated landfills. In some cases, sampling pits were constructed in
operational landfills at Morgantown, West Virginia along with observa-
tion and sampling wells.
This research has received Public Health Service support since June 1962.
Publications
DOBSON, ANN L. AND WILSON, H. A. Refuse decomposition in strip-mine spoils. Pro-
ceedings of the West Virginia Academy of Science, 35:59, 1963.
HANDLING, TREATMENT, AND DISPOSAL OF ANIMAL
WASTES
Dr. Thamon E. Hazen, Agricultural Experiment Station, Iowa State
University, Ames, Iowa
Grant No: SW 00040-03
Fiscal Year 1966
Support: $21,913
PURPOSE: This project was directed primarily to the investigation of
physical, chemical and bacteriological properties of hog wastes and the
testing of methods for the management, treatment and disposal of these
wastes so as to reduce any health hazards. Wastes from other farm animals
were similarly studied but in less detail.
PROCEDURE: Lagoons and their resulting effluent with various
loading rates of both liquid and solid wastes was the treatment receiving
greatest attention, although anaerobic digesters and an oxidation ditch
also were studied. Properties of raw manures and treated effluents evalu-
ated were: total and volatile solids, specific weight, B.O.D., C.O.D.,
nitrogen, phosphorous, and potash content, odor, pH, bacteriological
content, toxic substances, among others.
This research has received Public Health Service support since June 1963.
[p. 14]
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GUIDELINES AND REPORTS 543
Publications
TAIGANIDES, E. P., BAUMANN, E. R., JOHNSON, H. P. & HAZEN, T. E. Anaerobic
Digestion of Hog Wastes. Journal Agricultural Engineering Research. 8: (4)327,
1963.
TAIOANIDES, E. P., BAUMANN, E. R., & HAZEN, T. E. Sludge Digestion of Farm Animal
Wastes. Journal Paper No. J-4661, Iowa Agricultural and Home Economics Ex-
periment Station and Compost Science 4: (2)26, Summer 1963.
TAIGANIDES, E. P., Agricultural Solid Wastes. IN Proceedings National Conference on
Solid Waste Research. American Public Works Assoc., Chicago, Dec. 1963. p. 39.
TAIGANIDES, E. P., HAZEN, T. E., BATJMANN, E. R. & JOHNSON, H. P. Properties and
Pumping Characteristics of Hog Wastes. Transactions of the American Society of
Agricultural Engineers. 7: (2)123, 1964.
TAIGANIDES, E. P. & HAZEN, T. E. Animal Waste Disposal Practices and their Influence
on Farm Building Design. Journal Paper No. J-4830, Iowa Agricultural and Home
Economics Experiment Station, Ames Project 1433. 1964.
TAIGANIDES, E. P. Disposal of Animal Wastes, Journal Paper No. J-4876, Iowa
Agricultural and Home Economics Experiment Station, Ames Project 1433. 1964.
TAIGANIDES, E. P. & HAZEN, T. E. Physical and Chemical Properties of Animal Wastes.
Journal Paper No. 5161, Iowa Agricultural and Home Economics Experiment
Station, Ames, Project 1433. 1964.
TAIGANIDES, E. P., Theoretical Considerations of Anaerobic Lagoons for Poultry
Wastes. Journal Paper No. J-4889, Iowa Agricultural and Home Economics Experi-
ment Station, Ames, Project 1433, 1964, and IN Second National Symposium on
Poultry Waste Management, University of Nebraska, Lincoln, Nebraska. May 19-
20, 1964. p. 251.
WILLHICH, T. L., Primary Treatment of Swine Wastes by Lagooning. Journal Paper
No. J-5423, Iowa Agric. & Home Econ. Exp. Sta., Ames Project 1433. 1966.
SUCCESSION AND ECOLOGY OF DIPTERA IN CATTLE
DROPPINGS
Dr. John R. Anderson, Department of Entomology and Parasitology,
University of California, Berkeley, Calif.
Grant No: SW 00041-03
Fiscal Year 1966
Support: $13,818
PURPOSE: To study cattle droppings as an ecological unit.
PROCEDURE: The cow pat habitat is being observed to determine
succession and density of various species of Diptera that occur naturally
in these situations. Studies are being conducted under both undisturbed
pasture and experimental conditions, to determine the effects of this
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544 LEGAL COMPILATION—SOLID WASTE
succession of species on the population dynamics of the species com-
prising the cattle dropping community.
Using this approach, species of flies are substituted to alter the usual
patterns and thus determine effects of induced changes on subsequent
establishment of species. Studies also are made on factors, such as size
and color, which influence attraction of insects. Concurrent observations
will be made of climatic conditions and physical characteristics of the
habitat when standardized samples are collected to determine which
larvae are present.
This research has received Public Health Service support since October
1963.
Publications
ANDERSON, J. R. Recent Developments in the control of Some Arthropods of Public
Health and Veterinary Importance. Muscoid Flies. Bulletin Entomological Society
of America. 12: (3) Sept. 1966. IN PRESS.
ANDERSON, J. R. Biological Interrelationships Between Feces and Flies. IN Manage-
ment of Farm Animal Wastes, Proceedings, National Symposium on Animal Waste
Management. May 5-7, 1966, East Lansing, Michigan, p. 20.
[p. 15]
A STUDY OF FARM WASTES
Prof. Stanley A. Witzel, Agricultural Engineering, University of
Wisconsin, Madison, Wis.
Grant No: SW 00042-03
Fiscal Year 1966
Support: $30,600
PURPOSE: This is a comprehensive study of farm wastes, dealing
with their quality, physical character, chemical and biological compo-
sition, and the effects of animal housing practices. The objective is to
study farm wastes in a changing agriculture to determine their character,
their economic value to agriculture, and any adverse effect they may
have on public health.
PROCEDURE: To accomplish these objectives, wastes from dairy
cows are collected periodically, weighed, and analyzed. Further ex-
ploratory analyses of swine and poultry wastes are planned and bac-
teriological characteristics of fresh wastes from ruminating animals,
lagoon waste input, and lagoon microorganisms are being investigated.
These studies include liquid manure wastes being held in below-ground
storage tanks,for removal to fields. In soils, farm wastes receiving dif-
ferent methods of treatment will be compared by direct field application
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GUIDELINES AND REPORTS 545
for their value in stabilizing soil structure and for their contribution to the
nutrition of field crops.
Sources and amounts of pollution of surface and subsurface waters
resulting from different animal waste management and farming practices
are being studied.
This research has received Public Health Service support since June 1964-.
Publications
WITZEL, S. A., McCoy, E. & LEHNER, R. Chemical and biological reactions from lagoons
used for cattle. Transactions of the American Society of Agricultural Engineers
8: (3)449, 1965.
WITZEL, S. A., McCor, E., POLKOWSKI, L. B., ATTOE, D. J. & NICHOLS, M. S. Physical,
chemical and bacteriological properties of farm wastes (bovine species) IN Pro-
ceedings, National Symposium on Farm Animal Wastes, Michigan State University,
East Lansing, May 5-7, 1966. p. 10.
PYROLYSIS OF MUNICIPAL REFUSE
Prof. Elmer R. Kaiser, Department of Chemical Engineering, New York
University, New York, N. Y.
Grant No: SW 00043-03
Fiscal Year 1966
Support: $16,432
PURPOSE: To determine the nature and quantity of the volatile
matter from the pyrolysis of refuse constituents.
PROCEDURE: Investigate the gasification of solid waste materials
normally disposed of by incineration, landfill or open burning and to
determine the feasibility of producing a gaseous fuel suitable for firing
in a boiler or other uses. This would show the possibilities for yields of
gases and heat from refuse and the volume of the ultimate flue gas after
the gas is burned. A first step was to determine the volatile content of
specific waste materials by heating small quantities individually in a
closed retort.
A pilot-scale continuous refuse gasifier has been built to devolatilize
refuse and to burn out the fixed carbon remaining after devola-
[p. 16]
tilization stage. The ashes are to be removed continuously from the
gasifier.
On a large scale, the refuse inerts (bottles, tin cans, ash, etc.) would be
removed from the gasifier, while only the hot, raw fuel gas from the process
would enter power boilers for steam generation.
This research has received Public Health Service support since Sept. 1963.
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546 LEGAL COMPILATION—SOLID WASTE
Publications
KAISER, E. R. Refuse composition and flue-gas analyses from municipal incinerators.
IN Proceedings, 1964 National Incinerator Conference, American Society of Mechan-
ical Engineers, New York, N.Y. May 18-20, 1964. p. 35.
KAISER, E. R. Combustion and heat calculations for incinerators. IN Proceedings, 1964
National Incinerator Conference, American Society of Mechanical Engineers, New
York, N.Y. May 18-20, 1964. p. 81.
KAISER, E. R. Chemical analysis of refuse components. IN Proceedings, 1966 National
Incinerator Conference, American Society of Mechanical Engineers, New York,
N.Y. May 1-4, 1966. p. 84.
KAISER, E. R. Prospects for reducing particulate emissions from large incinerators. Air
Pollution Control Association, 16: (6)324, June 1966.
BIOLOGICAL CONSEQUENCES OF PLANT RESIDUE
DECOMPOSITION IN SOIL
Dr. William Snyder, Department of Plant Pathology, University of
California, Berkeley, Calif.
Grant No: SW 00050-03
Fiscal Year 1966
Support: $29,677
PURPOSE: To continue studies to further separate and characterize
the major biologically-active components of plant decomposition prod-
ucts, to determine what changes may occur in these components as
organic matter is degraded under varying conditions of soil moisture and
temperature, to make sequential studies during the decomposition of
plant material in soil under these varying conditions, and to test effects
of these compounds on the behavior of plants and plant pathogens.
Previous studies have shown that when plant residues decompose in soil, a
wide variety of compounds may be produced which have diverse bio-
logical activities. Thus, an important objective is to ascertain the effects
of these compounds not only on plants grown in nutrient cultures but also
on plants in non-sterile soils.
PROCEDURE. Organic matter used in these studies include barley,
rye, soybeans, and other common plants from widely-separated families.
Prevalence of various compounds are determined by water extraction,
ether extraction, chromatography, and in some cases ion exchange
columns and electrophoresis. In continuing studies, the effects of these
compounds will be determined on the biology, survival, and parasitic
activity of Fusarium solani f. phaseoli pathogenic to beans, Thielaviopsis
basicola pathogenic to beans and cotton, Fusarium oxysporum f. Basin-
fectum pathogenic to cotton and Rhizoctonia solani pathogenic to cotton
and potato. In addition, studies of the influence of nutrition on virulence
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GUIDELINES AND REPOKTS 547
will be conducted using seedling plants and environmental control
chambers.
This research has received Public Health Service support since Feb. 1964-
Publications
PATRICK, Z. A., TOUSSOTJN, T. A., KOCH, L. W. Effect of crop-residue decomposition
products on plant roots. Annual Review of Phytopathology, 2:267, 1964.
PATRICK, Z. A., TOTJSSOUN, T. A., THORPE, H. J. Germination of Chlamydospores of
thielaviopsis basicola. Phytopathology 55: (4)466, April 1965.
PATRICK, Z. A., SAYRB, R. M., THORPE, H. J. Nematocidal substances selective for
plant-parasitic nematodes in extracts of decomposing rye. Phytopathology. 55: (6)
702, June 1965.
[p. 17]
A STUDY OF INCINERATOR RESIDUE
Dr. P. Walton Purdom, Environmental Engineering and Science, Drexel
Institute of Technology, Philadelphia, Pa.
Grant No: SW 0000&-02
Fiscal Year 1966
Support: $106,958
PURPOSE: This study of incinerator residue is a cooperative program
between the City of Philadelphia, Departments of Streets, Public Health
and Water, and the Drexel Institute of Technology. Present studies are
analyzing residue from Philadelphia incinerators of batch feed and
traveling grate design. Other designs, including reciprocating grate and
rotary kiln units, will be studied in municipalities outside Philadelphia.
One part will emphasize studies of the properties and usefulness as fill
material of the residue. Another part is a field study in which incinerator
refuse is placed in an area which is subject to tidal surging. Leaching
contaminates as well as time-release mechanisms will be studied.
PROCEDURE: Preliminary investigations showed that the final
residue from municipal incinerators varies with the input and the in-
cinerator process. The study consisted of analyzing incinerator residue to
determine the physical and chemical characteristics and variance. Simi-
larly, in this study, the residue will be classified as to its acceptability as
direct, exposed fill, considering such factors as potential for dust, odor,
fly breeding, and rat attraction. This study will provide information on
the character of incinerator residue, establish a system for the objective
classification of residue, indicate future design potentials for municipal
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548 LEGAL COMPILATION—SOLID WASTE
incinerators, and determine possible use of inert residue in construction,
earth work, land reclamation, etc.
This research has received Public Health Service support since January
1965.
MICROBIOLOGICAL STABILIZATION OF ANIMAL WASTES
Dr. Edward C. Berry, Department of Bacteriology, South Dakota State
College, Brookings, S.D.
Grant No: SW 00029-02
Fiscal Year 1966
Support: $22,932
PURPOSE: The purpose is to study the stabilization of livestock wastes
by microbial means and to determine the physical, chemical and micro-
biological characteristics of these wastes and the changes to the point
of stabilization. The information obtained will provide the engineers the
criteria for the kind and size of processing equipment to convert this
material into harmless and less unsanitary state.
PROCEDURE: The procedure used in this study is to place measured
quantities of animal excreta in a stainless steel digester tank. Then the
stabilization of these materials is observed while varying the oxygen
supply, pH, temperature, and amount of water. Studies of the microbial
flora will also be made to improve the stabilization rate. In addition, the
B.O.D. is being determined at both the start and end of the tank process
to give a measure of changes made and the degree of stabilization. The
various gases produced, CH4, CO2, CO, NH3, H2, and H2S, are collected
and measured.
This research has received Public Health Service support since June 1964-
[p. 18]
Publications
BULLEHMAN, L. B. & BERRY, E. C. Use of Cheese Whey for Vitamin BJ2 Production: I.
Whey Solids and Yeast Extract Levels. Applied Microbiology 14: (93)353, May 1966.
BERRY, E. C. & BULLERMAN, L. B. Use of Cheese Whey for Vitamin Bi2 Production: II.
Cobalt, Precursor, and Aeration Levels. Applied Microbiology 14: (3)356, May 1966.
BULLERMAN, L. B. & BERRY, E. C. Use of Cheese Whey for Vitamin Bi2 Production:
III. Growth Studies and Dry-Weight Activity. Applied Microbiology 14: (3) 358,
May 1966.
BERRY, E. C. Requirements for Microbial Reduction of Farm Animal Wastes. IN
Proceedings, National Symposium on Animal Waste Management. Michigan State
University, East Lansing, May 5-7, 1966. p. 56.
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GUIDELINES AND REPORTS 549
PYROLYSIS OF SOLID MUNICIPAL WASTES
Mr. Donald A. Hoffman, Office of Utilities Department, City of San
Diego, Calif.
Grant No: SW 00036-02
Fiscal Year 1966
Support: $26,827
PURPOSE: This study, on a larger-than-laboratory scale, is to measure
the various products produced by pyrolysis due to varied pressures and
temperatures and to determine the most economical conditions of oper-
ation.
PROCEDURE: Various types of municipal refuse are heated in a
small stainless steel, batch pilot plant. Investigations are being made into
possible advantages of separating glass and cans at different times during
the study and of pre-drying or adding moisture. The gases produced
during pyrolysis are collected, allowed to separate into gaseous and
liquid components, then analyzed for major, minor, and trace com-
ponents.
Pyrolysis for the thermochemical conversion of complex organic solids
into combustible gases, tarry liquids, and a stable residue has been ap-
plied successfully to wood products and coal. It may prove economically
feasible to reduce the volume of solid municipal wastes with the con-
comitant formation of useful by-products.
This research has received Public Health Service support since June 1965.
SYSTEMS ANALYSIS FOR SHIPBORNE MUNICIPAL
INCINERATION
Dr. Melvin W. First, Industrial Hygiene, Harvard School of Public
Health, Boston, Mass.
Grant No: SW 00044-02
Fiscal Year 1966
Support: $120,642
PURPOSE: This study is to investigate the problem of economic
disposal of refuse in densely populated coastal areas, utilizing the Boston
metropolitan region, which is conveniently situated for the research
involved.
PROCEDURE: The scientific and technical aspects of ocean burning
of municipal solid wastes and the disposal of the residues at sea are
being examined. Ocean currents and other ecological factors affecting
ash movement are studied to estimate the influence of disposal on marine
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550 LEGAL COMPILATION—SOLID WASTE
life. This includes the investigation of buoyancy characteristics of in-
cinerator ash and methods of discharging this ash to prevent floating
residues. Studies are also conducted to determine methods of stabilizing
untreated wastes for limited periods. Systems
[p. 19]
analysis and computers are used to optimize collection networks oriented
toward waterfront collection routes.
Preliminary cost analysis indicates that ship incineration is likely to be
no more expensive than equivalent land-based incinerators located in the
core areas of the city, or sanitary landfills 20 to 40 miles from the col-
lection sites. These studies are designed to define the costs, operating
characteristics, ecological and environmental health implications, and the
proper sphere of operation of incinerator ships.
This research has received Public Health Service support since March
1965.
COMPREHENSIVE STUDIES OF SOLID WASTE MANAGEMENT
Prof. Percy H. McGauhey, Sanitary Engineering Research Laboratory,
University of California, Berkeley, Calif.
Grant No: SW 00003-01
Fiscal Year 1966
Supports $158,876
PURPOSE: To develop solutions to problems in all aspects of solid
waste management through a program of research which brings the
competence of specialists in the wide variety of disciplines involved in
planning, financing, and administering a community into an effective
combination with that of engineers and environmental health specialists.
PROCEDURE: Five research teams will be responsible for the follow-
ing topics: (1) evaluation of waste and environmental factors, (2) evalu-
ation of the problem of solid waste with respect to land use planning and
economic analysis, (3) evaluation of the use of existing sewers and treat-
ment processes with experimental approaches of the transport of ground
materials and turbulent diffusion of ground material, (4) analysis of
transport and management systems by the application of research oper-
ations, (5) attempts at the improvement of technology by a. incineration,
converting to fuel modification of the Davis incinerator, plus a literature
survey on effects, b. wet oxidation-application of various processes to
combustible rubbish, c. experimental composting manure-rubbish mix-
tures with an economic study.
This research has received Public Health Service support since June 1966.
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GUIDELINES AND REPORTS 551
NITROGEN CYCLE ECOLOGY OF SOLID WASTE
COMPOSTING
Dr. David T. Knuth, Research Microbiologist, Battelle Memorial Institute,
Columbus, Ohio
Grant No: SW 00007-01
Fiscal Year 1966
Support: $24,200
PURPOSE: To investigate the biochemistry and microbiology of the
nitrogen cycle during the composting process for treating solid municipal
wastes.
PROCEDURE: The goals are to conserve nitrogen compounds during
the composting of wastes, to effect more efficient solid municipal waste
utilization by composting, and to encourage greater use of composting
in agriculture as a result of controlled compost quality.
[p. 20]
The presence of nitrogen-cycle microorganisms and their nitrogenous
products can be ascertained in normal compost prepared in the labor-
atory. The extent to which nitrogen is lost and converted to forms un-
available to microorganisms which decompose waste will become the basis
for the selection of useful environmental modifications. Attainment of
these objectives is expected to effect greater waste utilization and nitrogen
economy during composting.
This research has received Public Health Service support since June 1966.
HOSPITAL SOLID WASTE DISPOSAL IN COMMUNITY
FACILITIES
Prof. Richard G. Bond, School of Public Health, University of Minnesota,
Minneapolis, Minn.
Grant No: SW 00009-01
Fiscal Year 1966
Support: $13,178
PURPOSE: To study the treatment of or destruction of wastes within
a hospital, the disposal of hospital wastes outside the hospital and the
community acceptance and disposal of hospital wastes.
PROCEDURE: To do this, two hospitals will be selected from sub-
urban communities where the waste collection is less well developed
and where the hospitals are of a different design and operation. A third
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552 LEGAL COMPILATION—SOLID WASTE
hospital will be in a more rural location. Detailed information will also be
obtained about the communities. After survey techniques are developed
and data tabulated from these three hospitals, approximately 25 hospitals
around the United States will be similarly investigated. Experience
obtained from this enlarged study will then be applied to collections from
about one hundred hospitals.
Data of the kind described for evaluation does not now exist. Perhaps
the single, most important contribution of such data would be the
strengthening of the existing hospital program having to do with design
criteria and operational standards.
This research has received Public Health Service support since June 1966.
ENGINEERING PROPERTIES OF FARM WASTES
Dr. E. Paul Taiganides, Agricultural Engineering, Ohio State University
Research Foundation, Columbus, Ohio
Grant No: SW 00015-01
Fiscal Year 1966
Support: $18,627
PURPOSE: To develop techniques for measuring and evaluating some
of the engineering properties of livestock manure and to determine the
effects of changes in feed and environmental parameters on the physical,
chemical, and biological properties of the farm animal wastes. This study
is planned so as to define the properties of animal wastes in terms inde-
pendent of specific handling systems in order to increase their usefulness
in design.
PROCEDURE: Data on manure properties will be correlated with such
production parameters as mean live weights, feed intake, and daily
protein intake. Attempts will be made to develop a method of theo-
[p. 21]
retically estimating the quantities and composition of manures from
animals reared in total confinement. In these studies, computers will be
used to investigate the effect of such changes as temperature, ventilation
rates and humidity, or engineering properties on these wastes.
Because of the geographic position of Ohio, results of this study should
reflect not only production conditions and practice of the central area
of the country, but also climatic, urban, and sociological conditions of the
region.
This study will show means of waste disposal which have low labor
requirements, reduce nuisance conditions, and improve sanitation.
This research has received Public Health Service support since June 1966.
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GUIDELINES AND REPORTS 553
CONFERENCE OF INSTITUTE FOR SOLID WASTES
Mr. Robert D. Bugher, Executive Director, American Public Works
Association, Chicago, 111.
Grant No: SW 00023-01
Fiscal Year 1966
Support: $10,000
THESE FUNDS supported, in part, the First Annual Meeting of the
Institute for Solid Wastes of the American Public Works Association
(APWA), held in Chicago, Illinois on September 10-15, 1966. The in-
stitute was formed August 29, 1965, within the structure of the APWA.
The meeting was held in conjunction with the Public Works Congress
and Equipment Show.
The funds helped to defray expenses incurred by specially invited
representatives of the International Association of Public Cleansing
(INTAPUC), to establish an international relationship within a national
framework. Further, the participation of experts in the field of solid waste
from other countries enhanced the conference. The conference focused
on research in solid wastes.
This project has received Public Health Service support since June 1966.
FLY AND ECONOMIC EVALUATION OF URBAN GARBAGE
SYSTEMS
Mr. Dean H. Ecke, Vector Control Specialist, Santa Clara County Health
Department, San Jose, Calif.
Grant No: SW 00017-01
Fiscal Year 1966
Support: $44,148
PURPOSE: This study will compare once-a-week and twice-a-week
garbage collection for fly production and costs, using both the con-
ventional garbage can and paper bag systems. The program is to compare
the entomological and economic value between the two basic systems and
to demonstrate the value of more frequent collection service, particularly
where there is a severe green blow fly (Phaenicia) problem.
PROCEDURE: To show this, four economically comparable residential
areas of approximately 800 homes each will be studied in the City of
Santa Clara. Proper notices will be sent to residences of the areas. The
principal investigator together with a fly consultant from the State
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554 LEGAL COMPILATION—SOLID WASTE
Health Department will supervise the entomological evaluation for the
study. Forty larval collection traps
[p. 22]
will be installed under representative garbage units in each area, where
cooperation is assured. About six weeks will be allowed, before ento-
mological evaluation starts, to permit both customer and collectors to be-
come familiar with the system.
Adult fly density will be regularly measured in each study area using
about 20 standard cone entrance fly traps at fixed locations. In addition,
weekly observations will be made at standardized attractant stations
for adult fly density.
Engineering consultants from the City and State health departments
will develop the detailed procedures to be followed for the economic
evaluation. A solid waste engineer from the State Health Department
will supervise this phase of the study.
This research has received Public Health Service support since May 1966.
PARTIAL OXIDATION OF SOLID ORGANIC WASTES
Dr. William W. Shuster, Department of Civil Engineering, Rensselaer
Polytechnic Institute, Troy, N.Y.
Grant No: SW 00022-01
Fiscal Year 1966
Support: $26,546
PURPOSE: To investigate the possibility of converting solid refuse
into useful products. Particular attention is being given to the possibility
of heating finely divided raw material in a fluidized bed suspended by
nitrogen-air mixtures.
PROCEDURE: The procedure is to convert the organic material
contained in solid wastes to useful recoverable products through a mechan-
ism of partial combustion. To accomplish this, a fairly homogeneous
material, such as the dried sludge from a sewage treatment plant, is used
to minimize the variability of heterogenity. In addition, the effects of
air-solid ratios, temperature and moisture content on the product compo-
sition is being studied. Effluent gas is passed through a series of con-
densers and freeze traps for collection of various product fractions, such as
alcohols, aldehaydes, ketones, and other types of partly oxygenated
products. The approach is not only to emphasize disposal of solid organic
wastes, but to develop a process of product recovery which will be econ-
omically attractive.
This research has received Public Health Service support since May 1966.
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GUIDELINES AND REPORTS 555
FATE OF INSECTICIDES IN COMPOSTED AGRICULTURAL
WASTES
Mr. Walter W. Rose, Head, Water and Waste Engineering Section,
National Canners Association, Berkeley, Calif.
Grant No: SW 00025-01
Fiscal Year 1966
Support: $16,448
PURPOSE: To determine the fate of insecticides in composting
agricultural wastes by isolation, separation, and identification of residues
of the original insecticide and its major transformation products.
PROCEDURE: In this study, insecticides from three main classes will
be incorporated singly or as realistic mixtures in representative wastes
before composting. The microorganisms responsible for the degradation
[p. 23]
of each insecticide would be determined by pure culture isolation and
metabolic studies in media containing graduated levels of insecticides.
Performance of degrading organisms during composting would be evalu-
ated to insure their suitability for technical application. The effectiveness
of microbial degradation of insecticides during composting would be
evaluated for both continuous and batch operation. Insecticides to be
used in this study are DDT, dieldrin, parathion, diazinon, Zineb, and
carbaryl.
This research has received Public Health Service support since May 1966
NATIONAL SYMPOSIUM ON ANIMAL WASTE
MANAGEMENT
Dr. Paul Taiganides, Agricultural Engineering, Ohio State University
Research Foundation, Columbus, Ohio
Grant No: SW 00026-01
Fiscal Year 1966
Support: $6,500
PURPOSE: These funds supported, in part, a national research con-
ference on the management of farm solid wastes at the Michigan State
University, May 5-7, 1966. The conference was designed to appraise
present animal waste management practices, evaluate the present tech-
nology, project future needs, and give direction to and stimulate research
on problems in the field.
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556 LEGAL COMPILATION—SOLID WASTE
Another objective was to provide a forum for teams of scientists,
engineers, public health officials, and others to exchange knowledge on
agricultural waste problems. About three hundred attended the con-
ference, including several young scientists from foreign countries.
This project has received Public Health Service support since April 1966.
Publications
PROCEEDINGS, National Symposium on Animal Waste Management, American
Society of Agricultural Engineering, East Lansing, Michigan, May 5-7, 1966.
CONTINUOUS INCINERATION OF MUNICIPAL REFUSE
Prof. Elmer R. Kaiser, Department of Chemical Engineering, New York
University, New York, N. Y.
Grant No: SW 00035-01
Fiscal Year 1966
Support: $50,433
PURPOSE: To conduct a comprehensive research program on a
newly developed, modern municipal incinerator of the continuous-feed
type, which incorporates rocking-grate stokers and cyclone dust collectors.
PROCEDURE: This study is being conducted at the Oceanside Refuse
Disposal Plant which was completed in October 1964 by the town of
Hempstead, Nassau County, Long Island, New York. Using this in-
cinerator, the following investigations will be made: (1) determine
composition of refuse, grate residue, slag, fly ash, and waste water; (2)
determine amount of grate residue, fly ash, refractory slag deposits, waste
water pollutants, and air pollutant emissions necessary for a material
balance; (3) determine value of heat release, heat transfer, and refractory
furnace temperature necessary for a heat balance,
[p. 24]
and study combustion process factors; and (4) determine control equip-
ment efficiencies. The residue is to be free of putreseible matter and
otherwise free of water contaminants that is to be used in landfill.
This research has received Public Health Service support since Sept.
1966.
Publications
KAISER, E. R. A new incinerator control meter is needed. IN Proceedings, 1966
National Incinerator Conference, American Society of Mechanical Engineers, New
York, N.Y., May 1-4, 1966, p. 176.
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GUIDELINES AND REPORTS 557
NATIONAL CONFERENCE ON SOLID WASTE MANAGEMENT
Dr. Samuel A. Hart, Agricultural Engineering, University of California,
Davis, Calif.
Grant No: SW 00037-01
Fiscal Year 1966
Support: $24,069
PURPOSE: These funds supported in part a national conference on
the management of solid wastes. The conference, held on April 4-5,
1966 at Davis, California, explored operations research and systems
analysis as possible tools in improving the approach to the involved
metropolitan problems of waste management.
Approximately 350 persons attended the meeting. Representatives from
the Public Health Service, universities, industry, local governments, and
private institutions presented papers.
This project has received Health Service support since July 1965.
Publications
PROCEEDINGS, National Conference on Solid Waste Management. Davis, California.
April 4-5, 1966.
BIOLOGICAL METHANE FORMATION
Dr. Marvin P. Bryant, Department of Dairy Science, University of
Illinois, Urbana, 111.
Grant No: SW 00045-01
Fiscal Year 1966
Support: $48,840
PURPOSE: To obtain fundamental ecological, nutritional, and-
biochemical information from enumerating studies and from pure culture
studies which can be applied to a general understanding of the process of
methane formation from organic matter in important natural systems.
PROCEDURE: The quantitatively significant bacteria, in important
natural sites of methane formation, will be enumerated, isolated, and
characterized. Studies will be made of habitats in which the anaerobic
decomposition of plant food and of organic wastes lead to methane forma-
tion. Characterization of isolated methane bacteria will include nutri-
tional studies to establish the relationship of the nutrient requirements of
the organisms to the chemical composition of the natural habitat. Bacteria
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558 LEGAL COMPILATION—SOLID WASTE
which produce methane from various organic substrates, hydrogen, and
carbon dioxide, will be enumerated and isolated.
In addition, the biochemistry of methane formation in Methanobacillus
omellanskii will be investigated. Other methane bacteria, especially
those of quantitative significance in
[p. 25]
natural environments, also will be studied biochemically to compare the
mechanism of methane production in various bacteria which produce
methane from organic substrates, hydrogen, and carbon dioxide. Other
aspects of the biochemistry of methane bacteria will be studied.
This research has received Public Health Service support since June 1966.
[p. 26]
Part III
Research Grants Initiated Between July 1 and January 1, 1967 in
Fiscal Year 1967
CELLULOSE DEGRADATION IN COMPOSTING
Dr. John S. Jeris, Department of Civil Engineering, Manhattan College,
Bronx, N. Y.
Grant No: SW 00004-01
Fiscal Year 1967
Support: $27,991
PURPOSE: To investigate the environmental conditions required
for a more rapid cellulose degradation by microorganisms associated with
composting. Also to apply engineering procedures toward a more eco-
nomical use of the composting process as a method of handling urban
refuse.
PROCEDURE: The laboratory studies consist of a series of compost
units charged with defineil mixtures ranging from paper to material
closely resembling municipal refuse. In this, pure and mixed cultures of
microorganisms will be implanted in both natural and synthetic compost.
The objectives of these bench studies are to attempt to maximize the
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GUIDELINES AND REPORTS 559
breakdown of cellulose under composting conditions, to determine the
biological and biochemical mechanisms of such breakdown, and to
attempt to accelerate cellulose degradation. Consideration also will be
given to standardization of routine analysis of compost.
In these attempts to optimize the environmental conditions in com-
posting, the laboratory findings will be applied in a large-scale compost
plant to be located in New York City. This venture will be designed to
determine the condition for the most efficient as well as the most eco-
nomical commercial operation.
This research has received Public Health Service support since August
1966.
CHEMICAL TRANSFORMATION OF SOLID WASTES
Dr. Virgil H. Freed, Department of Agricultural Chemistry, Oregon
State University, Corvallis, Oreg.
Grant No: SW 00006-01
Fiscal Year 1967
Support: $38,460
PURPOSE: To study (1) the conversion of solid wastes to products
of economic value and (2) the reduction in volume of solid wastes for
easier handling.
PROCEDURE: The two phases of this study are: (1) to classify and
identify the chemical nature of the constituents of solid wastes and
investigate methods of chemical transformation of these wastes and (2)
to follow the development of suitable laboratory procedures and conduct
studies on pilot plant operations, engineering problems, and economic
aspects. The first phase will consist of a survey of literature, experimental
determination of wastes not covered in the literature, and a limited in-
vestigation of composed materials.
Early efforts in the chemical transformation studies are being directed
toward simplified wastes, such as grass, straw, and wood wastes, which
are problems in the Pacific northwest. Reactions to be studied for chemi-
cal transformation of these wastes will include hydrogenation, chlorin-
ation, selective oxidation, nitration, and ammoniation.
This research has received Public Health Service support since October
1966.
[p. 29]
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560 LEGAL COMPILATION—SOLID WASTE
DISPOSAL OF DAIRY CATTLE WASTES BY AEROBIC
DIGESTION
Dr. Alvin C. Dale, Department of Agricultural Engineering, Purdue
University Research Foundation, Lafayette, Ind.
Grant No: SW 00011-01
Fiscal Year 1967
Support: $56,572
PURPOSE: To develop a complete aerobic digestion system for the
disposal of dairy cattle wastes. Some of the specific objectives will be to
determine the physical, chemical, and biological (biodegradable) proper-
ties to show whether preliminary separation of the undigested materials
is necessary for aerobic digestion, and to relate the composition of the
animal rations, loading rates, temperatures, and oxidation characteristics
of the digester to the treatability of the wastes.
PROCEDURE: The field phase will be based on the findings of the
laboratory phase. The laboratory studies will consist of a series of factorial
experiments designed as waste characteristic and treatability tests,
estimated to last one to two years. This wiJl include tank and chamber
studies on the effect of particle size on decomposition rate, the relation-
ship of ration and antibiotic to different temperatures, effects of temper-
ature on aerobic decomposition, and to determine the need of an inoc-
ulum for the sludge.
For field studies, it is proposed to design and install a prototype dairy
cattle waste treatment system of digestion chambers. Another possibility
is the installation of a Pasveer Ditch beneath a free-stall barn with a
slotted floor. Consideration will also be given to the disposal of the sludge
and effluent from the aerobic digestion chambers.
This research has received Public Health Service support since January
1967.
DYNAMIC EVALUATION PROCEDURE REFUSE HANDLING
SYSTEMS
Dr. Bobby C. Spradlin, School of Industrial Engineering, Georgia
Institute of Technology, Atlanta, Ga.
Grant No: SW 00012-01
Fiscal Year 1967
Support: $30,402
PURPOSE: To detail a descriptive simulation model of a solid waste
management system in a cooperative study with the City of Atlanta,
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GUIDELINES AND REPORTS 561
Georgia. In addition, the effects of changes made in the system as a
result of the study will be evaluated.
PROCEDURE: The perspective used in this study is called Industrial
Dynamics (J. W. Forrester), which grows out of four lines of earlier de-
velopment: information-feed-back theory, automatizing military tactical
decision making, experimental design of complex systems by use of
models, and digital computers for low-cost computation. This concept
may be used to treat the interactions between the flows of information,
money, orders, materials, personnel, and capital equipment in an in-
dustrial system.
This study will utilize the solid wastes system of the City of Atlanta
for the purpose of data collection. Using this data, the research is to
design a model to portray systems behavior, provide a procedure for the
evaluation of various proposals as potential system improvements from
a standpoint of economy and efficiency, provide insight into the basic
nature of the variables inherent in a solid waste handling system, and
possibly disclose new important variables not previously understood.
This research has received Public Health Service support since September
1966.
[p. 30]
LIVESTOCK WASTE MANAGEMENT AND SANITATION
Dr. Donald L. Day, Department of Agricultural Engineering, University
of Illinois, Urbana, 111.
Grant No: SW 00018-01
Fiscal Year 1967
Support: $32,910
PURPOSE: To attempt to refine knowledge of the physical, chemical,
and biological properties of livestock waste and to develop methods of
waste management. The project is principally concerned with swine
waste management but other livestock and poultry will be investigated
to a limited extent.
PROCEDURE: This is mostly a field study being conducted on the
university swine farm equipped with liquid waste facilities, a Pasveer
ditch, a series of lagoons, and sand-bed filters. The buildings housing the
hogs have slotted floors and mechanical means for circulating and re-
moving the manure from beneath the animals.
Principally, the studies consist of (1) treating liquid manure to suppress
objectionable gases and odors and (2) an aerobic treatment plant in a
production building. In the first study, the type and amount of treating
materials needed, the yield and fertilizer value of the solids collected, and
the management procedures for removing and utilizing these solids will
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562 LEGAL COMPILATION—SOLID WASTE
be determined. In the second study, the oxygenation and power require-
ments of circulating brush will be investigated. Related investigations
will include: inoculum requirements for starting the aerobic process and
developing the required bacterial flora, speed of rotor and depth to the
wastes, depth of wastes, quantity and fertilizer characteristics of surplus
sludge, quality of effluent, and gas production from the plant.
This research has received Public Health Service support since September
1966.
POLLUTION OF SUBSURFACE WATER BY SANITARY
LANDFILL
Dr. Irwin Remson, Department of Civil Engineering and Mechanics,
Drexel Institute of Technology, Philadelphia, Pa.
Grant No: SW 00024-01
Fiscal Year 1967
Support: $68,904
PURPOSE: To provide means for predicting the quantitative move-
ment of contaminants in underground water from present and proposed
sanitary landfills, to appraise design methods and remedial procedures
for reducing to within specified limits any undesirable contaminant
movement that the study may disclose, and to develop hydrologic
criteria for evaluating site suitability for sanitary landfill.
PROCEDURE: Prototype landfills in part of populous southeastern
Pennsylvania, located in widespread schist formations, are being studied
to clarify the hydraulics of pollution movement in sanitary landfills.
In these studies, the geometry and associated geological materials, along
with their hydraulic properties, will be determined from borings and
cores. These field observations are to be supplemented with laboratory
lysimeter work, using soil tanks about 6 by 6 by 12 feet deep.
The second portion of the study will consist of the development of
suitable criteria for the design of sanitary landfill operations and pre-
diction of their performance. This phase will use data collected in the first
[p. 31]
phase, and will involve a mathematical model and solution by digital
computer. An important objective is to develop a contaminant transport
prediction model to determine the production of pollutants in landfills,
their movement out of the fills, and then- movement through, or absorption
in, both the saturated and unsaturated zones.
This research has received Public Health Service support since September
1966.
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GUIDELINES AND REPORTS 563
MICROBIOLOGY AND ACID PRODUCTION IN SANITARY
LANDFILLS
Mr. Jerry C. Burchinal, Department of Civil Engineering, West Virginia
University, Morgantown, W. Va.
Grant No: SW 00031-01
Fiscal Year 1967
Support: $30,505
PURPOSE: To determine (1) the effect of nitrogen, phosphorous, and
potassium on the decomposition of municipal refuse, and (2) the succession
of microorganisms during decomposition. Also, the occurrence and
order of appearance of organic acids will be determined, and attempts
will be made to identify species of microorganisms responsible for forma-
tion of organic acids.
PROCEDURE: In these studies, fresh household refuse is placed in
simulated landfills under controlled laboratory conditions. For this,
cylinders up to three feet in diameter and sixteen feet deep are being used,
with the smaller cylinders insulated to decrease the dissipation of heat.
Chemical analysis and microbial isolations will be made of the refuse
before it is put into the simulated landfills, and later, similar examinations
will be made at intervals of the decomposing refuse.
In another study to be made during the decomposition of the refuse,
an attempt will be made to correlate different organic acids indicative of
decomposition to the bacteria which produce the acids, and to establish
initial sources of the acids. In addition, correlation of these studies will
be made with gas production, quality, quantity, and volume produced
per unit of refuse.
This research has received Public Health Service support since January
1967.
EFFECTS OF GARBAGE COMPOST ON SOIL PROCESSES
Dr. Charles C. Hortenstine, Department of Soils, University of Florida,
Gainesville, Fla.
Grant No: SW 00033-01
Fiscal Year 1967
Support: $19,986
PURPOSE: To (1) determine toxic or beneficial effects of large amounts
of compost on soil, (2) evaluate compost as a nutrient, a soil amendment,
and a source of pollutants in ground water, and (3) study the long-term
effects of large amounts of compost on soil.
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' 564 LEGAL COMPILATION—SOLII> WASTE
PROCEDURE: Laboratory, greenhouse, and field phases of this
study will be conducted concurrently. In the laboratory studies, samples
of garbage compost will be examined to determine the microbiological
activities, plant nutrient content, organic matter, leaching character-
istics, plant material, and various other physical and chemical properties.
Optimum moisture and temperature conditions from most rapid de-
composition will be utilized. Greenhouse studies will emphasize
[p- 32]
nutrient availability of the compost as compared to sources such as
sewage sludge and mineral fertilizers, compost as a planting or potting
medium, and the effects of compost on soil structure. In a similar manner,
field studies will be conducted throughout Florida on the major soil
types with garbage compost as a source of plant nutrient for agronomic
and horticultural crops. An attempt will also be made to determine the
maximum amount of garbage compost that can safely be applied to a
particular soil type.
The economic aspects will be important considerations in all these
studies.
This research has received Public Health Service support since December
1966.
POULTRY MANURE DISPOSAL BY PLOW FURROW COVER
Dr. Billy Ray Wilson, Bureau of Conservation and Environmental
Science, Rutgers University, New Brunswick, N.J.
Grant No: SW 00047-01
Fiscal Year 1967
Support: $79,812
PURPOSE: To determine the frequency of application, amounts, and
length of time that poultry manure can be applied to soils without un-
desirable effects, to develop equipment and techniques for this disposal,
and to evaluate the use of soil as a disposal medium for poultry manure.
PROCEDURE: This study is a continuation of preliminary work
which indicated the feasibility of the plow-furrow-cover method. A
laboratory phase, primarily soil respiration studies, and several field
experimental phases, will be conducted, using several New Jersey soil
types.
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GUIDELINES AND REPORTS 565
In the laboratory phase, the ability of the soil to decompose repeated
increments of waste will be investigated, as will be the factors which
prevent a soil from operating indefinitely as a disposal medium. Carbon
dioxide evolution will be used as the measure of decomposition.
The field studies will be conducted at the University Research Center
(Adelphia, New Jersey) and at commercial poultry farms. Plots for
manure applications of the plow-furrow-cover studies will contain a
4X4 foot test strip for percolation studies. In these test strips, lysimeters
will be used to monitor the travel of contaminants from the wastes ap-
plied to the soil.
This research has received Public Health Service support since December
1966.
THE MODE OF ACTION OF PECTIN ENZYMES
Dr. James D. Macmillan, Department of Biochemistry and Microbiology,
Rutgers University, New Brunswick, N. J.
Grant No: SW 00049-01
Fiscal Year 1967
Support: $21,577
PURPOSE: To describe and compare the mode of action of various
plant and microbial pectinesterases. The studies will indicate if pectin is
completely or partially esterfied when originally formed by the plant.
PROCEDURE: The study involves specific tests to determine if the
esterases act in a random or in a linear manner with respect to the poly-
glactutonide chain. If the enzyme operates linearly as suspected, the
direction
[p. 33]
of the action will be determined in terms of the reducing end of the
pectin molecule. Pectinesterase from tomatoes in particular will be in-
vestigated, in addition to studies to compare the mode of action of
pectinesterases from various plant and microbial sources.
As a long-term goal, the structure of naturally-occurring pectins will be
examined relative to using pectic enzymes as analytical tools.
This research has received Public Health Service support since September
1966.
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566 LEGAL COMPILATION—SOLID WASTE
USING WASTES FORMED IN VEGETABLE AND CHEESE
PRODUCTION
Dr. Amihud Kramer, Department of Horticulture, University of
Maryland, College Park, Md.
Grant No: SW 00058-01
Fiscal Year 1967
Support: $52,404
PURPOSE: To investigate the possibility of utilizing raw food materials
ordinarily disposed of by the processing and packaging industries. These
nutritious organic liquid and solid wastes amount to millions of tons
yearly. Studies will be conducted on tomato wastes and cottage cheese
whey, and possibly lima beans, sweet potatoes, and various cheese
wastes for their use as new foods or additives to food.
PROCEDURES: Wastes from tomato harvesting, processing, and can-
ning will be evaluated by chemical, biological, and nutritional tech-
niques. Ensiling characteristics of seven sub-samples of the entire tomato
plants (above ground) will be conducted on representative samples from
three eastern factory locations. The silages will be analyzed and used
in feeding trials to evaluate their nutritional acceptance. Ensiling will
consist of sealing fresh, dry, and mixed material in heavy duty polyeth-
elene bags and storing for sixty days.
Processing of cottage cheese whey will be investigated to find tech-
niques which can produce economical and palatable additives for human
consumption. The whey solids will be concentrated at five moisture levels.
The following five methods of drying will be used: Flame drying, spray
drying, drum drying freeze concentration, and reverse osmosis. Other
studies will investigate the possible use of whey products in aerobic and
anaerobic microbial fermentation to develop condiments and other com-
mercial products.
This research has received Public Health Service support since January
1967.
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GUIDELINES AND REPORTS 567
OPTIMAL POLICIES FOR SOLID WASTE COLLECTION
Dr. Cornelius W. Kruse, Department of Environmental Health, The
Johns Hopkins University, Baltimore, Md.
Grant No: SW 00061-01
Fiscal Year 1967
Support: $31,577
PURPOSE: To study the feasibility and economics of establishing
transfer points in waste collection systems of large cities. This is a com-
puter oriented systems-analysis study to devise more efficient use of
manpower and equipment which would permit the improvement of sani-
tary quality.
PROCEDURE: This study would develop information concerning the
characteristics of optimal policies for use in urban decisions by engineers
and city councils. A mathematical simulation model based on data avail-
able from the cities of Baltimore and Tulsa, and from Los Angeles
County will be made to
[p. 34]
investigate the location and spacing of transfer stations. .Such problems
as crew size, frequency of collection, vehicle routing, and type of equip-
ment will be analyzed and such improvements such as container trains
and jeep-type trucks for pulling will be considered.
This research has received Public Health Service support since January
1967.
CITRIC ACID FROM CITRUS WASTES BY FERMENTATION
Dr. Sterling K. Long, Citrus Agricultural Experiment Station, The
University of Florida, Lake Alfred, Fla.
Grant No: SW 00062-01
Fiscal Year 1967
Support: $25,523
PURPOSE: To develop a procedure of converting the waste products
of citrus processing plants and citrus molasses into useful products such as
citric acid.
PROCEDURE: Selected canning plant waste waters of high Biochem-
ical Oxygen Demand (BOD) content will be used to dilute citrus molasses
to the optimum sugar concentration for citric acid fermentation. In
preliminary studies, tap water will be used for the dilutens. In these
studies, the conditions and additives required to make the substrate
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568 LEGAL COMPILATION—SOLID WASTE
suitable for production of citric acid by strains of Aspergillus niger will
be determined.
Three different sizes of fermentors are planned for these studies.
Fernbach Shake Flasks (0.3 liters) will be used to determine the optimum
concentration of molasses, determine possible effects of interfering ions,
and determine optimum environmental conditions for citric acid pro-
duction in shake culture. In a 13.5 liter fermentor, the effects of aeration,
stirring, pH, and temperature will be studied. For the final phases, results
from the first two studies will be scaled-up for pilot plant studies with a
100 liter fermentor.
This research has received Public Health Service support since January
1967.
PIPE TRANSPORT OF DOMESTIC SOLID WASTES
Dr. Iraj Zandi, Department of Civil Engineering, University of
Pennsylvania, Philadelphia, Pa.
Grant No: SW 00063-01
Fiscal Year 1967
Support: $42,724
PURPOSE: To investigate the feasibility of application of technology
of solid transport in water carrying pipes to the collection of solid waste,
as well as economical comparison with truck collection system.
PROCEDURE: The study includes three principal sub-objectives. In
the first, the technology will be examined, in which the hydrodynamics of
various combinations and concentrations of solid waste slurries will be
looked into. In the second, the stochastic processes governing the gener-
ation of solid wastes will be evaluated and their implications for the design
of the pipe system studied. For this, analytical models for water-carrying,
pipe removal systems will be constructed. In the third, a quantitative
(economic) evaluation of domestic solid waste services will be made, and
analytical eco-
[p. 35]
nomic decision models for solid waste systems constructed. Thus, mean-
ingful comparisons of pipe systems and conventional systems can be
made.
Major equipment used in this study includes eighty-feet-long loops of
pipes of varying diameters equipped to ascertain flow rates, pressure
losses, density, and high capacity pumps.
This research has received Public Health Service support since September
1966.
[p. 36]
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GUIDELINES AND REPORTS 569
Part IV
Training Grants Supported During Fiscal Year 1966-67
Dr. P. W. Purdom, Environmental Engineering and Science, Drexel
Institute of Technology, Philadelphia, Pa.
Grant No: SW 00002-01
Fiscal Year 1966
Support: $39,039
PROGRAM: This grant initiated a training program in solid waste
disposal at the master's level. The program is established as a specialized
curriculum within the existing Departments of Biomedical Engineering,
Environmental Engineering, and Science. The emphasis is on solid wastes
disposal with graduates trained in local solid waste management and for
administration of state and Federal solid waste programs.
Depending upon the electives selected and prior education, students
will be candidates for degrees in environmental engineering, civil en-
gineering, and science. The curriculum will provide courses in environ-
mental health design and operation of collection and disposal systems, as
well as in general engineering, planning, and administration. Besides the
interdisciplinary approach at the institute, a close working relationship
exists between the institute and State and local governments.
This program has received Public Health Service support since July 1966.
Dr. Frederick G. Pohland, Civil Engineering, Georgia Institute of
Technology, Atlanta, Ga.
Grant No: SW 00003-01
Fiscal Year 1966
Support: $33,254
PROGRAM: This grant started a specialized interdisciplinary training
program in solid waste technology at the master's level. The program will
be administered by an interdisciplinary committee, principally from the
School of Engineering (Sanitary) and the School of Industrial Engineering.
The program is oriented towards the education of engineers in the unit
processing utilized in disposal, systems analysis, and the optimization of
collection systems, as well as the economic and administrative aspects of
solid wastes management.
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570 LEGAL COMPILATION—SOLID WASTE
Students take a curriculum in solid wastes technology and related
disciplines, and attend seminars and special workshops. Major emphasis
is on Civil, Sanitary, Industrial, Chemical, and Mechanical Engineering.
This program has received Public Health Service support since July 1966.
Prof. Eugene A. Glysson, Civil Engineering, University of Michigan,
Ann Arbor, Mich.
Grant No: SW 00005-01
Fiscal Year 1966
Support: $40,129
PROGRAM: This grant supports an expanded teaching program in
solid wastes at the master's level. It is an interdisciplinary approach
developed around the Civil Engineering Department and involving related
fields such as Environmental Health, Architecture, Geology, Chemical
Engineering, and others.
The curriculum emphasizes public health engineering aspects of the
solid wastes problem. Continuing courses in the Civil En-
[p. 39]
gineering Department serve as a core of the curriculum for the solid waste
program. The program is designed to train personnel more effectively to
apply present knowledge to the solid waste problem, and to develop new
knowledge and methods in this field.
This program has received Public Health Service support since July 1966.
Dr. Joseph F. Malina, Jr., College of Engineering, University of Texas,
Austin, Tex.
Grant No: SW 00007-01
Fiscal Year 1966
Support: $37,555
PROGRAM: This grant is designed to initiate an instructional and
research program in the disposal aspect of solid wastes at the master's
level. Training will be offered as a specialty within the existing Environ-
mental Health Engineering program, in cooperation with the Department
of Chemical Engineering. Objectives include the training of graduate
students, the development of a competent health-related teaching and
research training program, and the opportunity for both faculty and
students to study new approaches to the disposal of solid wastes.
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GUIDELINES AND REPORTS 571
Students specializing in solid wastes take specific courses amounting to
at least half the hours required for the master's degree. Their training is
directed towards solving problems of municipal refuse disposal. Research
efforts will be directed towards solid wastes disposal problems.
This program has received Public Health Service support since September
1966.
Dr. Charles T. Harding, Department of Civil Engineering, University
of Florida, Gainesville, Fla.
Grant No: SW 00004-01
Fiscal Year 1967
Support: $37,632
PROGRAM: Support of this program is designed to begin master's
level training which emphasizes solid wastes, in a newly formed Depart-
ment of Bioenvironmental Engineering. The program will provide training
of field personnel for design and operation of solid waste disposal facilities,
as well as research personnel for the development of basic data needed to
design effective waste disposal systems.
Students specializing in solid wastes will take specific courses amounting
to about half the hours required for the Master's degree. As the program
develops, a systems analysis approach will be included.
An interdisciplinary all-university committee will coordinate research
and training in solid wastes. Initially this committee will include chemical
and sanitary engineering, botany, and soils.
This program has received Public Health Service support since January
1967.
[p. 40]
Dr. James H. Schaub, Department of Civil Engineering, West Virginia
University, Morgantown
Grant No: SW 00006-01
Fiscal Year 1967
Support: $68,358
PROGRAM: Support of this program is designed to expand master's
level teaching which emphasizes solid wastes. To enlarge on this program,
research in broad areas of the economic and engineering aspects of munici-
pal refuse handling, land reclamation, and related special problems will
be encouraged.
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572 LEGAL COMPILATION—SOLID WASTE
Students specializing in solid wastes will take specific core courses
amounting to at least half the hours required for the master's degree.
Qualified non-engineering graduates can enter the environmental en-
gineering program on open enrollment plan.
The graduate education and research at the university has an inter-
disciplinary approach. This is shown by an exchange of lectures between
Sanitary Engineering and Preventative Medicine, a joint research project
on sanitary landfills between Bacteriology and Civil Engineering, and a
joint laboratory effort between Chemistry and Sanitary Engineering.
This program has received Public Health Service support since January
1967.
[p. 41]
4.8 COMPOSTING OF MUNICIPAL SOLID WASTES IN THE
UNITED STATES, ANDREW W. BRIEDENBACH, DIRECTOR,
SOLID WASTE MANAGEMENT RESEARCH STAFF, U.S.
ENVIRONMENTAL PROTECTION AGENCY (1971).
"* * * inefficient and improper methods of disposal of solid wastes
result in scenic blights, create serious hazards to the public health, in-
cluding pollution of air and water resources, accident hazards, and increase
in rodent and insect vectors of disease, have an adverse effect on land
values, create public nuisances, otherwise interfere with community life
and development; * * * the failure or inability to salvage and reuse such
materials economically results in the unnecessary waste and depletion of
our natural resources; * * * "
SOLID WASTE DISPOSAL ACT,
October 1965.
[p. ii]
FOREWORD
To gain more comprehensive knowledge about composting as a solid
waste management tool and to better assess the limited information avail-
able, the Federal solid waste management program, within the U.S. Public
Health Service, entered into a joint experimental windrow composting
project in 1966 with the Tennessee Valley Authority and the City of
Johnson City, Tennessee. A high-rate composting demonstration plant
was also established at Gainesville, Florida under a solid waste manage-
ment grant. The objectives of these projects were to investigate and
demonstrate the economic and technical feasibility of composting munici-
pal refuse. The operational experience gained there and elsewhere are
presented in this report.
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GUIDELINES AND REPORTS 573
Composting, properly practiced, can be a nuisance-free way to recycle
organic solid wastes without significantly polluting water and land re-
sources. Composting municipal refuse is technically feasible, but it costs
more than sanitary landfilling and can cost more than incineration.
The problems that have prevented composting from becoming an ac-
cepted method of solid waste treatment relate primarily to the inability
of local governments to accept the concept that the process should be
properly supported by adequate municipal funds, as are incineration,
sewage disposal, and water treatment. The process cannot succeed with
[P- iii]
results from the sale of salvaged material or final compost; the market is
not that large or predictable. Finally, waste disposal by composting is not
the total answer, but rather one approach to be considered in a solid waste
management system.
RICHARD D. VATJGHAN,
Deputy Assistant Administrator
for Solid Waste Management.
[p. iv]
PREFACE
From its 1966 beginnings to the present, when we near the end of the
project, our experimental research in composting has been very much a
team undertaking. It has encompassed substantial efforts by two Federal
agencies and a municipality.
We are indebted to the Tennessee Valley Authority (TVA) for the fore-
sight and concept of developing a composting system in a part of the
country where, if composting municipal solid waste were successful, the
soil would benefit from the application of organic amendments. The
design and operation of the facility at Johnson City have been the sole
responsibility of TVA, under Dr. 0. M. Derryberry. F. E. Gartrell, 0. W.
Kochtitzky, Carroll Duggan (agriculturist on site), and Virgil Rader
(foreman) are just a few of the TVA people who participated. Two Johnson
City managers, David Burkhalter and James Hosier, were responsible
for the initiation and implementation of the municipal contribution from
Johnson City.
For our own part, two U.S. Public Health Service officers and a chemical
engineer have served at successive times at Johnson City as the Project
Engineer. These men devoted their time and energies around the clock.
Each Project Engineer was supported by a small staff, and these personnel
were likely to become completely caught up in the project. During his
tenure, each Project Engineer reported to a Cincinnati-based manager,
four in all, each of whom became almost as engrossed in the project as
those stationed at Johnson City. All of these workers at different times
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574 LEGAL COMPILATION—SOLID WASTE
have devoted their various skills and energies to reporting the results of
the study.
[p.v]
The first Project Engineer was John S. Wiley, already well known prior
to his arrival at the project for his pilot research on composting, which
dates back to at least 1951. Gordon Stone, who served under Mr. Wiley
until the latter's retirement, succeeded him in August 1967. When Mr.
Stone became the solid waste management representative in what is now
the Environmental Protection Agency's Region II, Carlton Wiles, a
chemical engineer, was appointed Project Engineer, a capacity in which
he still serves. For most of the study period, Fred J. Stutzenberger was
niicrobiologist, Donald J. Dunsmore was staff engineer, Richard D. Lossin
was chemist, and Marie T. Presnell was administrative assistant. The
chief Cincinnati-based managers were Charles G. Gunnerson followed by
Clarence A. demons.
John Ruf was Project Engineer of the independent but companion
Public Health Service study in Gainesville, from which input was gathered
for this paper. Dr. W. L. Gaby and his staff at East Tennessee State
University worked closely with our personnel in determining that compost
was safe under the conditions of the study for agricultural use.
Thus, the report, like the project itself, cannot be attributed to only a
few people but is a contribution from all of us to the sum total knowledge
of composting municipal solid wastes. The impress of all these various curi-
osities, intelligences, and modes of inquiry is reflected in this document.
ANDREW W. BREIDENBACH,
Director, Division of Research and Development,
APRIL 1971. Office of Solid Waste Management Programs.
[p. vi]
CONTENTS
Chapter
SUMMARY 1
I BACKGROUND 5
II COMPOSTING MUNICIPAL REFUSE: PROCESSES AND TYPES
OF PLANTS 9
Composting Systems 9
Preparation 9
Digestion 14
Curing - 16
Finishing 17
Storage - 17
Some Recent Applications of Composting 17
European practice 17
United States practice 22
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GUIDELINES AND REPORTS 575
III ENGINEERING, CHEMICAL, AND MICROBIOLOGICAL AS-
PECTS OF COMPOSTING - 25
Engineering Aspects 26
General design criteria 26
Refuse handling 27
Separation of noncompostables and salvage 28
Comminution 29
Addition of sewage sludge and other organic wastes 31
Digestion 35
Curing 37
Finishing 37
Storage - 39
[p. vii]
Special Problems 39
Glass removal 39
Plastics removal 41
Handling problems 41
Weight and volume losses 42
Epilog 43
Environmental Aspects 44
Chemical Aspects 45
Carbon-nitrogen relationship 45
Composition of compost 46
Moisture in composting 48
Composting temperatures 49
pH in composting 49
Microbiological Aspects 51
General 51
Pathogen survival in composting 54
IV ECONOMIC CONSIDERATION 57
Capital Cost 58
Windrowing plants 58
Enclosed digestion plants 62
Other countries 62
Operating Costs 64
Windrowing plants 64
High rate digestion plants 67
Total cost of composting 67
Partial Recovery of Costs 67
Compost sales 69
Sale of salvaged materials 71
Composting sewage sludge with refuse 72
Composting and landfill operations 72
[p. viii]
Net Cost of Composting 74
Composting Costs Compared With Sanitary Landfilling and Incinera-
tion 74
Summary 77
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576 LEGAL COMPILATION—SOLID WASTE
V AGRICULTURAL AND HORTICULTURAL UTILIZATION OF
MUNICIPAL COMPOST 79
Agricultural Productivity and Soil Erosion Control--- 79
Demonstration and Utilization 85
Horticultural Utilization of Compost 87
VI POTENTIAL OF MUNICIPAL REFUSE COMPOSTING IN THE
UNITED STATES 89
The Problem 89
Agricultural Effects from Compost Utilization 90
The Potential of Composting in Resource Systems Management 92
REFERENCES 97
TABLES
I Typical Composting Processes 10
2 Worldwide Distribution and Types of Composting Plants 18
3 European and Middle Eastern Municipal Refuse Composting Plants 20
4 Municipal Solid Waste Composting Plants in the United States (1969)— 23
5 Elements in 42-day Old Compost at Johnson City 47
[p. ix]
6 Estimated Capital Costs for Windrow Composting Plants 59
7 Estimated Investment Costs for Windrow Composting Plants (1969) 61
8 Estimated Investment Costs for Composting Plants (Windrowing and
Enclosed Digestion Systems) 63
9 Estimated Yearly Operating Costs for Various Capacity Windrow Com-
posting Plants 65
10 Actual Cost of Operations for the USPHS-TVA Composting Plant (1968) 66
11 Summary of Total Costs for Composting Plants 68
12 Actual Costs for the USPHS-TVA Composting Plant, Johnson City,
Tennessee 69
13 Estimated Net Costs of Composting 75
14 Direct Costs for Disposal of Solid Wastes 94
15 Estimated Costs for Composting Municipal Solid Wastes in Favorable
Locations 95
Figures
1 Allowable Moisture Content in Sludge 33
2 Sludge Dewatering Requirement 33
3 Sludge-Refuse Relationship 34
4 Types of Inertial Separators 40
5 Typical Temperature Profiles Obtained in Composting 50
6 Typical pH Profile Obtained in Windrow Composting 52
7 Effect of Cultivation on Nitrogen Content of Soil 80
8 Relative Yields of Winter Wheat with Different Fertilizer Treatments.. 80
9 Influence of Fertilizer and Compost on Crop Yield 81
10 Effect of Compost on Soil and Water Retention 84
[p. x]
-------
GUIDELINES AND REPORTS 577
SUMMARY
Composting, the biochemical degradation of organic materials, is a
sanitary process for treating municipal, agricultural, and industrial
wastes.
Properly managed windrow or enclosed, high-rate digestion composting,
either of which may also process raw or partially digested sewage sludge,
will produce a product safe for agriculture and gardening use. Compost
cannot be considered a fertilizer. Its main value seems to be its high
organic content as a soil conditioner, which may provide poor soils
with better tilth, water-holding capacity, and improved nutrient-holding
capacity.
The present technology of composting will permit the recycling of
organic waste materials back to the soil without significant pollution
of water or land resources. Economically, composting does not compete
on a net-cost-per-ton processed basis with either landfilling or incineration
of municipal refuse. Evidence gathered from many sources indicates
that the rather high cost of producing compost is not sufficiently offset
by income from its sale to permit the process to compete economically
with other acceptable systems. For a few favored communities some of
the costs of composting may be recovered by the sale of salvageable
items. The most optimistic estimates of an income-producing market for
compost suggest that only a small fraction of the waste generated by
[p. 1]
a unit of population could be marketed as compost. Many feel that if
the techniques of landfilling and incineration, however, fail to keep pace
with increasingly stringent environmental protection criteria or, manage
to do so, but become more and more expensive, reflecting all the costs
associated with their processes, composting may become a relatively
more important tool in resource system management that could ac-
commodate various proportions of municipal, industrial, and agricultural
wastes. Additional support is required for a successful composting venture.
This support has, in the past, developed from various combinations of
political, speculative, and intuitive factors.
Preliminary studies have shown that the land may be able to accept
large quantities of compost without harming its crop-producing ability.
The land could thus accept compost as part of a refuse disposal system
that recycles the organic wastes back into the soil in a highly assimilable
and unobjectionable form. Should such a situation occur, various levels
of government and private enterprise might find it beneficial to approach
the production, distribution, and assimilation of compost jointly.
The factors that will influence the future of the composting process as
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578 LEGAL COMPILATION—SOLID WASTE
a municipal solid waste management tool are the net costs and benefits
of the process, as compared with other waste management processes.
As new technology is developed and priorities change on the use of
land, water, and air, the cost and usefulness of composting, as well as
other solid waste management systems, will be influenced by four factors:
cost per ton of solid waste for each alternative processing and disposal
[p. 2]
system; acceptance of more stringent standards for environmental quality;
availability of systems to meet the standards; public policy decisions
requiring beneficial recycling rather than land or sea disposal of wastes.
[p. 3]
COMPOSTING OF MUNICIPAL SOLID WASTES IN THE
UNITED STATES
Chapter I
Background
Composting is the biochemical degradation of organic materials to a
humus-like substance, a process constantly carried on in nature. For
many centuries, farmers and gardeners throughout the world have
practiced composting by placing vegetable matter and animal manures
in piles or into pits for decomposition prior to use. The first significant
development in composting as a systemized process took place in India
in 1925.* Sir Albert Howard developed a process involving the anaerobic
degradation of leaves, garbage, animal manures, and night soil for six
months in pits or piles. (1) The method, known as the Indore Process,
was later modified to include more turning to hasten aerobic action. (2) The
Indian Council of Agriculture Research improved the method by laying
down successive layers of refuse and night soil. This system is used under
the name of the Bangalore Process. (2, 3) Similarly, in 1922, Beccari
patented a process in Italy using both anaerobic and aerobic decomposi-
tion in an enclosed system. (4)
[p. 5]
The Beccari and Indore processes, although readily adaptable to
mechanized methods, did not attract U.S. interest for several reasons.
The time factor involved was unsuited to the American cultural pattern;
the objective was foreign to the American heritage of wastefulness and
* Mention of commercial products or processes throughout this report does not imply endorsement
by the U.S. Government.
-------
GUIDELINES AND REPORTS 579
unrelated to any recognized need; and the processes involved land areas
not suited to our urban centers and to the volume and variety of our
wastes. Furthermore, anaerobic composting accomplished nothing that a
good sanitary landfill might not do in time with less cost and trouble,
particularly when, in contrast to India, there was no demand for the
final product.
Interest in composting for the disposal or treatment of municipal refuse
arose in the early 1920's. In 1932, the first full-scale European com-
posting plant was established in The Netherlands by a nonprofit utility
company N. V. Vuilafvoer Maatschapij (VAM). This plant uses the van
Maanen process, a modification of the Indore process, in which unground
refuse is composted in large windrows. (2) Also in the 1930's the Dano
process appeared in Denmark, and Emerson patented a similar process
in the United States. In 1949, the Frazer-Eweson Process was developed
in the United States. In general, at least 16 types of composting processes
were identified (Chapter II).
During the 1950's, basic studies and research on composting for muni-
cipal waste treatment were conducted at the University of California,
by the U.S. Public Health Service, and at Michigan State Univer-
sity.^, 10) A comprehensive monograph on Composting and Sanitary Dis-
posal and Reclamation of Organic Wastes was published by the World
Health Organization
[p. 6]
in 1956. (11) An annotated bibliography of references on composting was
also made available during this decade. (12)
A review of municipal composting projects throughout the world was
published in 1961 by Davies.(S) Composting developments in the United
States during the 1960-1965 period, including difficulties experienced by
composting plants, were reported by Wiley and Kochtitzky. (13) The
International Research Group on Refuse Disposal (IRGRD), 1956 to
1967(^4, 15, 15a) also provided information on composting.
Although the feasibility of the composting process was established by
these basic studies, there were unknowns in its large-scale application in
this country. The European experience was not applicable due to the
difficulty of translating costs, differences in the character of the refuse,
and a different philosophy about composting. Most plants constructed
in the United States were enterprises that depended on profit; they
charged municipalities fees and expected to receive an income from
salvage and the sale of compost. Wiley and Kochtitzky concluded that
the inability to dispose of large quantities of compost at a favorable
price was probably a major factor in the closing of six of nine plants
during the period 1962-1964. (13)
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580 LEGAL COMPILATION—SOLID WASTE
In February 1966, the U.S. Public Health Service (USPHS), the
Tennessee Valley Authority (TVA), and the Municipality of Johnson
City, Tennessee, entered into an agreement to undertake a joint research
and demonstration project in solid wastes and sewage sludge com-
posting. (16) This report has drawn in part on the data collected and
experience gained in conjunction with this project and from a USPHS
demonstration
[p. 7]
project at Gainesville, Florida, to provide information relative to com-
posting developments in solid waste management. (17, 18) Chapter I
reviews composting technology. Chapter II briefly describes processing
systems and types of plants and provides a listing of municipal com-
posting plants and their status as of December 1969. Chapter III deals
with broad engineering, chemical, and microbiological aspects of com-
posting municipal refuse, with and without the addition of other organic
wastes. It also presents information to help answer such questions as
"Is the finished product safe to distribute and use?" and "Are restrictions
or precautions necessary for use of compost?" Much of this chapter draws
upon results of studies conducted at Johnson City and Gainesville.
In general, the economics of composting are confusing. Lack of reliable
cost data from operating plants and a number of intangibles are some
of the factors that combine to cloud the economics of composting. This
report discusses composting economics based upon information available
in 1969. Capital and operating costs for the research and development
plant at Johnson City and the demonstration plant at Gainesville are
provided in Chapter IV. Based on this information, cost projections for
larger plants are given. A report on preliminary compost utilization and
marketing studies is presented in Chapter V. The role composting is
expected to have in future solid waste management systems is discussed
in Chapter VI.
Although portions of this report are concerned with results obtained
at Johnson City, it is not within its scope to present specifics of the studies
conducted. Details of the project are published separately. (17)
[p. 8]
Chapter II
Composting Municipal Refuse: Processes and Types of Plants
COMPOSTING SYSTEMS
There are more than 30 composting systems identified by the names
of their inventors or by proprietary names. In general, the systems are
-------
GUIDELINES AND REPORTS
581
classified either by the method of preparation of the refuse or by the
method of digestion. Sometimes both classification schemes are used in
the description.
In most systems, refuse is prepared for digestion by comminuting it in
raspers or in various kinds of mills, including hammermills, chain mills,
and wet pulpers. Sometimes a process is named for the type of mill used,
such as the Buhler or the Hazemag. Digestion is accomplished in win-
drows, pits, trenches, cells, tanks, multistoried or multidecked towers
or buildings, and in drums and bins. There are 16 types of composting
processes commonly in use (Table 1).
Present day composting plants generally provide for five basic steps
in processing the refuse: preparation, digestion, curing, finishing or
upgrading, and storing.
Preparation. Processing of the refuse prior to composting involves
several operations, which typically may include receiving, sorting, mag-
netic separation, grinding, and adding sewage sludge.
[p. 9}
TABLE 1. TYPICAL COMPOSTING PROCESSES 1
Process name
General description
Location
Bangalore (Indore) Trench in ground, 2 to 3 tt. deep. Material placed in Common in India.
alternate layers of refuse, night soil, earth, straw,
etc. No grinding. Turned by hand as often as pos-
sible. Detention time of 120 to 180 days.
Caspar! (briquetting) Ground material is compressed into blocks and Schweinfurt, Germany.
stacked for 30 to 40 days. Aeration by natural dif-
fusion and air flow through stacks. Curing follows
initial composting. Blocks are later ground.
Dano Biostabllizer. Rotating drum, slightly inclined from the horizontal, Predominately in Europe.
9' to 12' in diameter, up to 150' long. One to 5 days
digestion followed by windrowing. No grinding.
Forced aeration into drum.
Earp-Thomas Silo type with 8 decks stacked vertically. Ground Heidelberg, Germany;
refuse is moved downward from deck to deck by Turgi, Switzerland;
ploughs. Air passes upward through the silo. Uses Verona and Palermo,
a patented inoculum. Digestion (2 to 3 days) fol- Italy; Thessaloniki,
lowed by windrowing. Greece.
Fairfield-Hardy Circular tank. Vertical screws, mounted on two ro- Altoona, Pa., and San
tatmg radial arms, keep ground material agitated. Juan, P. R.
Forced aeration through tank bottom and holes in
screws. Detention time of 5 days.
Fermascreen Hexagonal drum, three sides of which are screens. Epsom, England.
Refuse is ground. Batch loaded. Screens are sealed
for initial composting. Aeration occurs when drum
is rotated with screens open. Detention time of 4
days.
[p. 10]
Frazer-Eweson Ground refuse placed in vertical bin having 4 or 5 None in operation.
perforated decks and special arms to force com-
posting material through perforations. Air is forced
through bin. Detention time of 4 to 5 days.
-------
582
LEGAL COMPILATION—SOLID WASTE
TABLE 1. TYPICAL COMPOSTING PROCESSES'—Continued
Process name
General description
Location
Jersey (also known as the
John Thompson system).
Metrowaste.
Naturizer or International..
Riker.
T. A. Crane..
Tollemache.
Tnga.
Windrowmg (Normal, aero-
bic process).
van Maanen process..
Structure with 6 floors, each equipped to dump
ground refuse onto the next lower floor. Aeration
effected by dropping from floor to floor. Detention
time of 6 days.
Open tanks, 20' wide, 10' deep, 200' to 400' long.
Refuse ground. Equipped to give one or two turn-
ings during digestion period (7 days). Air is forced
through perforations in bottom of tank.
Five 9' wide steel conveyor belts arranged to pass
material from belt to belt. Each belt is an insulated
cell. Air passes upward through digester. Deten-
tion time of 5 days.
Four-story bins with clam-shell floors. Ground refuse
is dropped from floor to floor. Forced air aeration.
Detention time of 20 to 28 days.
Two cells consisting of three horizontal decks. Hori-
zontal ribbon screws extending the length of each
deck recirculate ground refuse from deck to deck.
Air is introduced in bottom of cells. Composting
followed by curing in a bin.
Similar to the Metrowaste digesters.
Towers or silos called "Hygienisators" In sets of 4
towers. Refuse is ground. Forced air aeration. De-
tention time of 4 days.
Open windrows, with a "haystack" cross-section.
Refuse is ground. Aeration by turning windrows.
Detention time depends upon number of turnings
and other factors.
Unground refuse in open piles, 120 to 180 days.
Turned once by grab crane for aeration.
Jersey, Channel Islands,
Great Britain, and
Bangkok, Thailand.
Houston, Tex., and
Gainesville, Fla.
St. Petersburg, Fla.
None in operation.
Kobe, Japan.
Spain; Southern Rhodesia.
[P- HI
Dinard, Plaisir, and Ver-
sailles, France; Moscow,
U.S.S.R.; Buenos Aires,
Argentina.
Mobile, Ala.; Boulder,
Colo.; Johnson City,
Tenn.; Europe; Israel;
and elsewhere.
Wijster and Mierlo, the
Netherlands.
' References: 2, 3, 13, 19-34.
[p. 12]
The receiving equipment is designed to act as a refuse reservoir and to
provide an even flow of refuse through the plant. It usually consists of a
hopper and some device that begins moving refuse through the plant at
the rate at which subsequent operations can process it.
As the refuse leaves the receiving area, noncompostables, bulky items
and salvageable materials such as tires, large pieces of wood and metals,
rags, plastics, rubber, leather, wood, glass, nonferrous metals, and paper
may be removed by hand. Ferrous metals are removed then or later by
magnetic separators. This sorting protects the machinery, improves the
quality of the final product, and provides for salvage. Ballistic separation
of heavier articles and pneumatic separation of light materials are some-
times applied after grinding.
-------
GUIDELINES AND REPORTS 583
Refuse grinding reduces particle size to facilitate handling, digestion,
and mixing of the materials. Some processes, for example, the van Maanen
and Dano, do not require grinding prior to digestion. In these cases, the
compost is ground prior to distribution. Some recent work has been done
in an effort to develop machinery capable of reducing the particle size
of refuse on the composting field. (1S)
The moisture content of ground refuse is important for proper digestion.
Most values given for proper moisture content range between 45 and 65
percent by wet weight. Work at Johnson City has indicated that 50 to
60 percent moisture by wet weight is needed for good decomposition. (17)
The moisture content of the ground refuse must, therefore, be adjusted
to proper levels in preparation for digestion. Raw or digested sewage
sludge may be added in liquid form to provide moisture. This will also
[p. 13]
provide some additional organic, inorganic, and trace materials while
providing for a sanitary disposal of the sludge. If the amount of sludge
to be added is greater than that necessary as a source of moisture, the
sludge must be dewatered accordingly. Other wastes, such as animal and
poultry manures, and canning wastes can also be added. (17)
Digestion. Digestion or decomposition is carried out either in open
windrows or in enclosures. The principal objective is to create an environ-
ment in which microorganisms will rapidly decompose the organic portion
of the refuse. Most modern plants use aerobic rather than anaerobic de-
composition. In aerobic decomposition, microorganisms requiring free
oxygen degrade the waste. To furnish the oxygen, air is introduced into
windrows by turning and into enclosed systems by forced draft and
agitation. Heat, which is generated profusely, reaches 140F to 160F
(60C to 70C) or higher. The heat destroys pathogenic organisms, weed
seeds, fly ova, etc. Decomposition proceeds rapidly and does not produce
excessively unpleasant odors.
If the decomposing mass is not aerated, the free oxygen is soon ex-
hausted and a different microflora begins to grow. These anaerobes
obtain oxygen from the various compounds in the waste and decomposi-
tion proceeds much more slowly. In the van Maanen system, the windrows
are anaerobic, and the composting time required is four to six months.
By way of contrast, aerobic windrow composting takes only about six
weeks and aerated enclosed systems only a matter of days. In anaerobic
composting systems, peak temperatures are only about 100F to 130F
(38C to 55C), foul odors arise, and pathogens may survive.
[p. 14]
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584 LEGAL COMPILATION—SOLID WASTE
In methods having long digestion periods, the process includes a rapid
decomposition stage and a "ripening" or curing period. In the methods
involving shorter digestion, the agitation and aeration in enclosures are
carried on during the earlier, more active decomposition period, and
curing follows. Satisfactory stabilization is attained when the compost
has the characteristics of humus, has no unpleasant odor, high tempera-
tures are not maintained even though aerobic conditions and desirable
moisture content exist, and the carbon to nitrogen ratio (C/N) is such
that the humus can be applied to the soil. (././) Although a C/N of 20 is
widely accepted as the upper limit for final application to the soil, the
actual availability of the carbon and nitrogen is the determining factor
and, in practice, the ratio is often higher. (11)
The time required for digestion depends on the initial C/N if proper
moisture, particle size, and aerobic conditions are maintained. Studies
at the University of California on the windrow composting of mixed
refuse showed the following with regard to the more active decomposition
period (7, 11):
Approximate days required
Initial C/N: for composting
20 9-12
30-50 10-16
78 21
If optimum conditions exist and the initial C/N is 30 to 35, refuse
will take on the color and odor of humus in 2-5 days of active decomposi-
tion. (7) The C/N may not, however, be lowered by the decomposition
to a level satisfactory for most uses. (7, 11)
[p. 15]
In practice, refuse has a higher initial C/N than is considered optimum.
More of the carbon is in the form of cellulose and lignin, which resist
decomposition. Gotaas doubts whether materials with a high C/N or
even with one above 25, can be adequately decomposed in 3 or 4 days
if they contain cellulose or lignin.(ll) Thus, the high-rate mechanized
digesters produce a material that is given a curing period, which includes
further digestion without aeration.
Curing. Curing time to permit additional stabilization depends on the
use to be made of compost. If it is to be used in hotbeds, where the heat
of decomposition is desirable, it can be applied as soon as the active
stabilization phase is over. Compost can be applied with little curing to
fields or gardens that are not to be planted for some months. If planting
is to take place immediately, stabilization must have advanced to the
point at which further decomposition will not "rob" the soil of nitrogen.
-------
GUIDELINES AND REPORTS 585
In a windrowing system that calls for frequent turning for aeration,
composting can be satisfactorily carried out in approximately six weeks
with another two weeks for curing and drying.
Mechanical processes use various curing periods. The Dano process
uses as little as 7 to 10 days storage for further stabilization after the
material leaves the digester. (11) In Aukland, New Zealand, however,
where Dano digesters are also used, 3 to 4 months are given to curing. (85)
At Altoona, Pennsylvania, where a Fairfield-Hardy digester is used,
the curing or maturing time is one to three weeks. (21, 22) The Naturizer-
type plant at St. Petersburg, Florida, is reported to provide 10 days to
two weeks for curing. (22, 23)
[p. 16]
Finishing. Screening, grinding, or a combination of similar processes is
done to remove plastics, glass, and other materials from the compost
that might be objectionable in its use. If the compost is to be utilized as
an erosion control measure in isolated places, it can be applied without
being ground or screened. For the "luxury gardening" market, such
materials must be either removed or reduced to an acceptable size. Addi-
tional upgrading, such as pelletizing or fortifying with commercial
fertilizer, may also be accomplished to satisfy various markets.
Storage. The demand for compost in quantity is greatest in the spring
and fall. A plant must, therefore, provide storage space for up to at least
six months of production. The compost can be stored outdoors in piles.
The storage period can, in fact, serve as the curing phase if the compost
is put into low piles until heating has ceased and is then piled higher.
Compost can be stored for later finishing or the finished product can be
stored; it may have to be placed under cover.
SOME RECENT APPLICATIONS OF COMPOSTING
European Practice. Since 1960, the literature has contained reports
of about 2,600 composting plants operating outside the United States;
2,500 are small plants in India. (24) About 100 plants have operated
elsewhere, including Great Britain (Table 2). Nine plants have operated
in West Germany since World War II but have processed less than 1
percent of that nation's refuse. (25) On the other hand, one-sixth of the
refuse collected in The Netherlands is processed in composting plants. (25)
The van Maanen type plant, which was established in 1932, is still in
operation
[p. 17]
-------
586
LEGAL COMPILATION—SOLID WASTE
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GUIDELINES AND REPORTS 587
and produces 160,000 tons of the country's annual total of 200,000 tons
of compost. (25)
The large number of composting plants in India is the result of an
intensive program whose objective is to utilize all organic wastes on farm-
land. It was started by the government in 1944 and is still being supported.
By 1959, the annual production of compost was 3.34 million tons. The
Bangalore process is most commonly used. Hand labor, which is plentiful
and inexpensive, is used extensively. Land comprises the major portion
of capital costs, since the only construction needed is a series of trenches.
Operational and cost data on some European and Middle Eastern com-
posting plants have recently been reported. (14, 15, 26, 43-4-8) Only a
small fraction of municipal refuse is composted in Europe; it ranges from
less than 1 percent in West Germany to 17 percent in The Netherlands.
Operational data on selected plants are available (Table 3).
At 12 plants studied Kupchick, which serve a total of 3,136,000 people,
45 percent of the refuse processed became compost. About 70 percent
of the product was sold at an average of $2.73 per ton, which is equivalent
to about $0.90 per ton of refuse processed. (44) Conditions which favor
sales are not uniformly distributed and result in a wide range of potential
revenue. Most European cities have, therefore, selected less expensive
refuse disposal methods.
Buchs and Turgi in Switzerland are of particular interest. Incineration
is replacing composting there but the compost plants must remain opera-
tional so that the product remains available for those who are willing to
buy it despite its high cost.
[p. 19]
-------
588
LEGAL COMPILATION—SOLID WASTE
TABLE 3. EUROPEAN AND MIDDLE EASTERN MUNICIPAL REFUSE COMPOSTING PLANTS
Operating features
Type and location
of plant
Windrow:
Arnhem, Netherlands
Blaubeuren, West
Buchs, Switzerland..
St. Georgen, West
Stuttgart, West
Tehran, Iran
Wyster, Netherlands
High rate4:
Bad Kreuznach, West
Bristol, England
Cheadle England .
Duisburg, West Ger-
many
Edinburgh, Scotland.
Gladsaxe, Denmark-
Heidelberg, West
Hmwill, Switzerland.
Jerusalem, Israel
Olten Switzerland
Soest-Baarn, Nether-
Soisson, France
Thessaloniki, Greece
Turgi, Switzerland..
Population Year Year of Pre- Sewage Refuse Compost'
served constructed observation shredding sludge tons/year tons/year
130,000
20 000
40 000
75,000
14 000
75,000
2,500,000
700,000
800,000
45,000
90,000
90,000
210,000
80,000
170,000
30,000
100,000
120,000
700,000
54,000
27,000
400,000
70 000
82,000
1961
1964
1959
C)
1963
1927
1958
1964
1965
1957
1958
1948
1959-64
1955-62
1964
1968
1964
1964
1958
1963
1966
1967
1967
1967
1967
1965
1967
1967
1969
1965
1967
1967
1965
1965
1967
1965
1965
1965
1967
1967
1969
1965
1965
1965
1965
1968
1967
1967.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
Yes..
Yes
Yes
No-
Yes...
No..
Yes
Yes .
26,500
Yes
Yes
17 500
Yes
No
No s 300,000
200 000
No 160,000
Yes 8,000
U7.000
9,000
Yes
32,500
19 000
46 500
Yes
Yes 19,000
... . 10,000..
100,000
10 000
9,500
No («)
50,000"
18,000
2,000
13,200
450
74,000
55,000
2,600
0
10,000
5,300
13,200
26,000
650
8,800
66,000
4,500
5,500
0
i Volumetric figures converted assuming 300 Ib/cu yd (dry weight).
> Under construction at reported cost of $3,500,000; construction halted prior to installation of compost handling and
processing equipment.
3 Estimate; based on 300 days operation at rated capacity.
4 Enclosed systems with mechanical turning, often with forced aeration.
* Not operating in June 1968 because product could not be disposed of; international loan in default.
[p. 20]
Some recent proposals and projects for composting municipal refuse in
Europe and the Middle East were unsuccessful for reasons similar to
those reported in the United States. The municipalities or other operating
agencies did not choose to provide the additional financial support
required for composting and selected a less expensive disposal alternative.
(The additional support is needed to cover the increased production and
utilization costs, and it might be furnished in the future if other than
strict economic factors are considered. Some of the added costs might
-------
GUIDELINES AND REPORTS 589
be recovered in the form of the agricultural and other benefits derived
from using compost.)
Some plants have such features as recycling of the compost, complicated
materials-handling or processing procedures, or the use of inocula, which
add to production expense; these reflect intensive promotional efforts.
On occasion, provision is made to pay the municipality for the raw refuse;
this is invariably an explicit warning of financial problems to come. In
Tehran (where construction on a partially completed plant was halted)
and Istanbul (where construction never proceeded beyond the ground-
breaking stage) published estimates of potential revenues from compost
sales ranged from half to the full wholesale value of all the fruits and
vegetables entering each city. (45, 49, 50)
Information from Israel presents a mixed picture. Michaels reported
that in five of the seven districts which form the State of Israel, either
windrow or Dano composting plants are utilized to process refuse from
43 percent of the total population.^) The largest operating plant in the
world is the windrow plant at Tel Aviv; the newest is the Dano plant
[p. 21]
for 120,000 of Jerusalem's population. However, in the Ashkelon area to
the south, an existing windrow plant is to be replaced by a sanitary land-
fill.
Cost figures from Europe and the Middle East are consistent with those
reported by municipal compost plants elsewhere, including plants in the
tropics, whether closed down as the Kingston in Jamaica(4#) or operating
as at Bangkok, Thailand. (52, 53)
United States Practice. Prior to 1950, composting of municipal refuse
received almost no attention in the United States. The need for new
disposal methods, accompanied by an interest in returning organic wastes
to the soil, stimulated basic studies and research on composting of organic
wastes. (5-10) Eighteen composting plants were funded between 1951
and December 1969 (Table 4). As of the latter date, plants at Altoona,
San Juan, Houston, and Johnson City were operating at essentially design
capacity, those at Boulder, Mobile, and St. Petersburg were operating on a
demand basis, and the Gainesville plant had recently closed down while
alternative means of support were sought to replace the assistance pre-
viously provided under a U.S. Public Health Service grant. One plant, at
New York, was under construction under a $1.3 million loan that had
been provided by the U.S. Department of Commerce to provide employ-
ment in an economically stagnant area. (56) Except for the Johnson City
plant, which is a Federally supported research project, present planning
requires significant sales of compost in order for the plants to be viable.
[p. 22]
-------
590
LEGAL COMPILATION—SOLID WASTE
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-------
GUIDELINES AND REPORTS 591
CHAPTER in
Engineering, Chemical, and Microbiological Aspects of Composting
As systematized and mechanized composting operations were developed,
engineering problems increased. Various digestion arrangements were
developed and patented, and some work was done on special grinders.
In most cases, the material-handling equipment used had been developed
for other industries and modified to process refuse. Although considerable
laboratory or small-scale work has been done in the last 20 years in the
United States and the basic technologies are known, adequate experience
in design and operating compost plants has not yet been accumulated.
As a result, most plants have gone through a period of "cutting and try-
ing" -with different types of machinery and plant layouts before going
into production.
The laboratory work done on the physical and chemical aspects of com-
posting serves as a basis for process control in full-scale plants. The
extreme heterogeneity of raw refuse and other factors, however, result
in the composting of mixed municipal refuse being practiced, in some
respects, as an art with laboratory research serving as a guide.
This chapter discusses the general engineering, chemical, and micro-
biological aspects of composting, based on observations made and data
[p- 25]
accumulated over nearly two years at Johnson City and a year at Gaines-
ville. (Separate reports present the details of the engineering, chemical,
and microbiological studies performed at these plants.) (^7, 18)
ENGINEERING ASPECTS
General Design Criteria. A number of criteria must be considered in
designing and operating a compost plant. One is to obtain all the informa-
tion possible about the population to be served and the amount and type
of refuse it generates. For example, a domestic refuse high in cellulose
may make the material resistant to attack by microorganisms, (57) and
the composting process may have to be changed accordingly.
On a national scale, seven pounds of urban (domestic, commercial,
institutional, and municipal) solid wastes are generated per capita per
day. This figure includes garbage, rubbish, trash, ashes, demolition debris,
street sweepings, dead animals, abandoned vehicles, etc.; it does not
include industrial or agricultural solid wastes. The amounts collected
vary according to seasonal, climatic, and socioeconomic factors. Produc-
tion rates for individual areas must, therefore, be determined by surveys.
A second design criterion is the length of the workweek. Thus, a plant
-------
592 LEGAL COMPILATION—SOLID WASTE
operating on a five-day workweek is required to accept refuse at 1.4 times
the rate for a seven-day design capacity.
Another factor is the number of shifts to be worked per day. To process
equal amounts of material, a plant operating on two shifts does not need
some of the large refuse-handling machinery or grinders that
[p. 26]
a one-shift operation has to use. The receiving area must, however, allow
for storage for processing during the second shift of about one-half of the
refuse delivered to the plant during the day. Digestion, storage, and
curing elements must be sized for the total tonnage received.
Refuse Handling. Plants must provide an area appropriately designed
for receiving refuse and large enough to store at least one day's delivery.
The refuse moves from the receiving area to size-reducing equipment,
frequently via a picking station, where salvageable items, noncompost-
ables, and large items that might damage equipment are removed.
The flow of refuse from the receiving area should be controlled. Some
hoppers are discharged to an oscillating belt to achieve this control
while others may use a leveling gate. Arching or bridging often occurs in
the receiving hopper and may be more acute if a leveling gate is used. (.77)
The operation often proceeds more smoothly if one or both of the hopper's
long sides are nearly vertical.
If the incoming refuse has been compacted, as in a transfer trailer, it
must be broken up and pushed into the hopper. A front end loader has
been successfully used for this purpose. (.77)
Endless moving belts are widely used to carry refuse from station to
station. When hand picking is practiced, the bed of refuse should not be
more than 6 inches deep; belt width and speed are the determining factors.
If the belt is too wide, the pickers cannot reach its center. If the belt
traverses any space outside a building, covers must be provided. They
must be easily removable and high enough and wide enough that refuse
does not catch on them. Sideboards or skirts should be used to keep
refuse from falling from the belt.
[p. 27]
Ground refuse moves more easily than raw. The belts should be wide
enough or have sideboards to prevent spillage and minimize cleanup
problems. Bucket elevators work well in lifting ground refuse, and screw
feeds can be used to move it horizontally in troughs. Narrow openings,
restrictions, or chutes must be avoided because ground refuse clogs easily.
In freezing weather, it may be necessary to heat the belts where they
come in contact with the end pulleys. Wipers should be installed on the
belts near the drop-off points, so that refuse, especially ground refuse,
does not stick to the returning undersides and drop on the floor.
Hoppers and bins that hold refuse or ground refuse only temporarily
-------
GUIDELINES AND REPORTS 593
should have moving belts in their floor or have openings large enough for
the refuse to be pulled by gravity through the bottom.
Separation of Noncompostables and Salvage. Most plants remove as
many noncompostables (wood, plastics, glass, metals, rags, etc.) as
possible before the refuse reaches the size-reducing equipment. If this
is not done, some picking of bulky items is necessary, either at the re-
ceiving point or from a belt, to protect the equipment. When salvaging
is practiced, the material removed is usually classified, and an effort is
often made to remove paper. At Johnson City, where no salvaging is
practiced, two pickers can handle up to 50 tons of refuse in six to eight
hours. (17) In Gainesville, where paper and metals are salvaged, six
pickers are used to process 125 tons per day.(/#)
At most plants, ferrous metals are removed by magnetic separators.
These may be in the form of a permanently magnetized head pulley in-
stalled on the raw or ground refuse belt or an overband type that uses
an electromagnet. If two grinders are used in series, the magnetic separator
may be located between them.
[p. 28]
Rejected material at Johnson City has averaged 26 percent by weight
of the incoming refuse.(i7) At Gainesville, about 10 percent is removed
as salvaged paper while another 10 to 30 percent is rejected.(18) Some
composting plants are trying to salvage up to half the incoming refuse by
using special mechanical devices. Rejected, unsalvageable material must
be moved to a disposal site. A market is usually available for paper and
metal, and cans, glass, and certain plastics can be sold in some areas.
In Europe, refuse often has a high ash content. Rotary and vibrating
screens are sometimes used to remove the ash from raw refuse before it is
ground. (58)
Comminution. Refuse is usually ground or shredded to improve
materials-handling and digestion operations. Most of the machines now
used were originally designed for use with homogeneous types of materials.
The most common grinding device is the hammermill. It usually consists
of high-speed swing hammers connected symmetrically on a horizontal
shaft and cutter bars that have grate openings through which the refuse
is forced. Refuse fed into the mill is comminuted by the application of high
tensile and shearing forces. Tensile force is applied as the swinging ham-
mers flail the refuse against the breaker plates. The shearing forces come
into play as the hammers force the refuse through the grate openings.
Hammers are of various types, and some are better suited than others to
produce the shredding action needed. Several types of double-rotor mills
have been developed in Europe, (58) and at least one is manufactured
in the United States.
[p. 29]
-------
594 LEGAL COMPILATION—SOLID WASTE
Hammermills require relatively large motors and must have the
capacity and power to handle a flow of refuse that resists grinding; the
capacity depends on the particle size desired. It is common practice to
use two mills in series; the first produces a rough grind while the second
reduces the particles to two inches in the largest dimension. Refuse is
abrasive and the hammers must be frequently refaced. It has been found
at Johnson City that the hammers need rebuilding after 30 to 40 hours
of use.C/7)
Since hammermills operate at 1,200 to 3,500 rpm, they produce noise
and vibration. The machines should, therefore, be mounted on dampening
materials, and the feed chute should be flexible or have a flexible con-
nection.
A specialized shredder or rasper developed in The Netherlands consists
of a large vertical cylinder that surrounds a vertical shaft on which heavy
arms are mounted. They rotate horizontally above a perforated floor.
Pins or studs, mounted in panels on the floor and along the sides of the
cylinder, shred the refuse, and the particles then fall through the perfora-
tions. The revolving arms are hinged and swing when they meet resistance.
Raspers operate more slowly than hammermills and require less power,
but they have a greater initial cost and require more floor space. Per-
formance data indicate that the perforated plates and pin plates in the
10-tons-per-hour (rated capacity) rasper at Johnson City, need replacing
after griding about 10,000 tons of refuse (approximately 1,500 operating
hours).(.?7)
[p. 30]
Refuse must build up in the grinding compartment for about 20 minutes
before effective grinding begins. If the flow of refuse stops, the machine
runs at a diminishing rate of production until empty. It should, therefore,
be kept full throughout the day for the greatest efficiency. The perforated
floor acts as a sieve and retains oversize material that can be discharged
at intervals through a chute. Raspers must be cleaned out frequently,
but they are so designed that workmen can easily enter the grinding com-
partment.
Since large pieces of dry cardboard may build up in the machine and
overload it, water is sometimes sprayed on the refuse either before it
reaches the rasper or after entering it. This procedure may prove dis-
advantageous if sewage sludge is to be added after grinding, because the
refuse may become excessively moist if the sludge is not sufficiently
dewatered.
Wet pulpers, such as the one at Altonna, Pennsylvania, where cans,
bottles, and other noncompostable items are not normally received in the
garbage are also used to comminute refuse. They consist of a large bowl
-------
GUIDELINES AND REPORTS 595
that holds a rotatable steel plate studded with hardened steel teeth.
After the bowl has been partially filled with water and the plate is rotating
at about 650 rpm, raw refuse is dumped in. It is whirled against the teeth
and shredded. The resulting slurry, which contains about 5 percent
refuse solids, is subsequently discharged through a horizontal bar screen.
It must be dewatered by 40 to 50 percent to be digested.
Addition of Sewage Sludge and Other Organic Wastes. Sewage sludge may
be satisfactorily composted along with a community's refuse. The
[p. 31]
cost is about the same, in some cases less, as for conventional systems
that use anaerobic digestion, drying beds, and subsequent disposal. (17)
It is usually mixed into ground refuse in mixing drums.
When using sludge, the water content of the ground refuse-sludge
mixture will normally be greater than that desired for composting unless
the sludge is dewatered somewhat. Certain factors must, however, be
considered when sewage sludge is added (Figures la-3a).
It is not practical to use sludge prior to rasper operations because it
contaminates the refuse, which may have to be later cleaned from the
rasper. Water is, therefore, often added before and during the grinding
process. The amount used has an effect on the sludge dewatering opera-
tion. When a hammermill is used, water is added after grinding, and all
of it may normally be obtained from sewage sludge.
Raw sludge is preferred to digested sludge because it can be dewatered
more readily and has a higher nutrient content. (Digested sludge can,
nevertheless, be used). The amount of dewatering necessary depends on
the ratio of sludge to refuse to be processed and the initial water content
of the sludge and the refuse as received. Depending on the amount to
be removed, dewatering can be accomplished in gravity tanks equipped
with vacuum niters, in centrifuges, or by using rotating cell gravity
niters. Gravity tanks with picket agitators may suffice in many cases.
In humid climates, water is removed mechanically from sludge and
refuse.
Adding other organic wastes to municipal refuse before it is composted
appears feasible as a method to dispose of such wastes. The composting
process is apparently not affected, and the nutrient contents of the com-
post may, in fact, increase. (.77)
[p. 32]
-------
596
LEGAL COMPILATION—SOLID WASTE
100
98
0>
0>
S
t—
oo
o 94
92
90
I I I I I I i I I
.1
.2 .3 .4 .5
.6
.7
.8 .9 1.0
Ratio:
Population generating sludge
Population generating refuse
FIGURE 1.—Assuming that a water content of 60 percent is to be maintained in
the sewage-sludge-refuse mixture, sewage from only 27 percent of the population can
be handled as received, where the refuse is generated at a rate of 2 Ib per capita per
day. However, at a per capita generation of 4.2 Ib refuse per day, about 50 percent of
the sewage sludge generated can be handled without dewatering, assuming 3 percent
solids. Refuse received with 35 percent moisture (wet weight). Sludge solids are
generated at .119 Ib per capita per day. Rejects amount to 25 percent of incoming
refuse.69
[p. 33]
-------
GUIDELINES AND EEPOETS
597
100
95
90
85
80
Refuse-sludge exceeds 60 percent
moisture (wet weight)
Refuse-sludge less than 60 percent
moisture (wet weight)
10
20
30
40
50
PERCENT MOISTURE CONTENT OF INCOMING REFUSE
(wet weight)
FIGURE 2.—Refuse is not uniform in its water content. To obtain a desired 60
percent moisture level in the ground refuse-sludge mixture, the amount of dewatering
required will change with the change in moisture content of the refuse. The refuse is
received at a rate of 4.2 Ib per capita per day before removal of 25 percent noncom-
postables. The refuse and sludge are from the same population with sludge (3 percent
solids) generated at 0.119 Ib per capita per day.
[p. 33]
-------
598
LEGAL COMPILATION—SOLID WASTE
o
UJ
250
200
" 150
**. ' *
1O
u_
O
O
O
-2 100
50
20
30
40
50
PERCENT MOISTURE CONTENT OF INCOMING REFUSE
(wef weight)
FIGURE 3.—The amount of sewage sludge (gallons) at 3 percent solids that can be
used without dewatering varies in direct proportion to the moisture content of the
incoming refuse. Actual amount of refuse ground and mixed with sludge would be 75
percent of that received. These proportions would result in a mixture containing 60
percent water by wet weight.
[p. 34]
-------
GUIDELINES AND REPORTS 599
Efforts have been made to have water added automatically by an
electrical-mechanical system, but such techniques have not worked well.
Experienced plant operators can often tell by the mixture's appearance
and handling characteristics when a moisture range of 50 to 60 percent
has been reached.
Digestion. Aerobic composting or digestion is carried on in windrows or
in such enclosures as aerated tanks or bins. The success of any aerobic
method depends on aeration, mixing, and maintaining the proper moisture
content. In most plants, efforts are made to maintain aerobic conditions
to avoid odors, obtain higher temperatures, and achieve more rapid
decomposition.
Experience has shown that unground refuse can be composted, but
normally it is first ground so that the particles average 1| to 2J inches
in their largest dimension. This encourages rapid decomposition either
in windrows or in enclosed systems. At Wijster and Mierlo in The Nether-
lands, however, unground refuse is windrowed according to the van
Maanen process, which calls for only one turning; composting takes four
to six months. In the Dano system, the refuse usually introduced into
the digester is unground. The constant turning of the drum reduces the
size of the particles as they are digested. Where windrow turners are
used, they may also shred the material as they mix it.
In the windrowing process, aeration and mixing can be accomplished
by using a front-end loader or a clamshell bucket on a crane. Turning
machines with a shoveling or screw arrangement are also used. These
turners are designed to pick up the material from a belt and place it
[p. 35]
on the ground. Another type turning machine, with a rotating drum on
which teeth are mounted, straddles the windrow and turns it in place.
Some preliminary turning experiments conducted at Johnson City in-
dicated that the windrow should be turned at least once a week. (17) Two
turnings per week produced the best decomposition; more frequent
turnings proved less efficient because temperatures in the windrows
dropped. (Higher temperatures are needed to destroy pathogens.) The
degree of decomposition obtained was determined on the basis of ap-
pearance, odor, and low carbon content.
In windrow composting where supplemental aeration is not normally
provided, the moisture in the material must be kept at 50 to 60 percent
by wet weight to keep maximum decomposition proceeding. If the
moisture content is higher, water fills the voids in the compost and slows
the biological process by denying it sufficient oxygen. On the other hand,
dry windrows may cool and fail to decompose properly; water is, therefore,
incorporated into the mass. In wet weather, the windrows may have to be
-------
600 LEGAL COMPILATION—SOLID WASTE
turned frequently to help release the moisture. Too much wetness may
cause the decomposition to became anaerobic and give rise to odors. At
Johnson City, windrows normally remain in the field for at least six
weeks and temperatures of up to 160F are maintained. (17) The compost
is then moved to a curing shed where it is allowed to dry for two weeks
or longer. Experience has indicated that high relative humidity will
prevent satisfactory air drying.
In enclosed composting systems, forced or natural draft air is provided
for digestion. The material is intermittently turned in the
[p. 36]
tank by a special apparatus or constantly turned by mixers, rakes, or the
rotating digester. Digestion takes 3 to 10 days; the longer period produces
a more stable product.
As in windrow composting, insufficient oxygen in an enclosed digester
creates odors and slow digestion. Water content must be maintained at
between 50 to 60 percent. This level may be higher if means for efficient
air transfer have been provided. Temperature profiles are comparable to
those observed in windrow composting.
At Gainesville, the refuse is kept for about two weeks in two parallel
digestion tanks, each 330 feet long, 20 feet wide, and 10 feet deep. Air
is periodically introduced through perforated plates in the bottom. The
tanks are equipped with movable conveyors for removing the compost;
the conveyors can also mix the material but are not used for this purpose.
Curing. The period of active, rapid, digestion is followed by a slower
stabilization period, called curing. In the windrowing process, if proper
conditions for decomposition are maintained, digestion and curing form
a continuum. Compost is usually removed from the field and cured under
cover. It is then ready for many uses, but further stabilization or curing
goes on for months.
Finishing. Compost can be used for various purposes as received from
the windrowing field or digester. Often, however, it does not have uniform-
size particles and may contain bits of plastic, glass, or other nondecom-
posable objects. It is usual practice, therefore, to finish the compost by
regrinding and screening it. When these steps
[p. 37]
are taken, the moisture content should not exceed approximately 30
percent by wet weight. This may vary, however, depending on the
finishing process used and the desired results. In proper climatic condi-
tions, air drying alone may yield a product dry enough for satisfactory
finishing, but mechanical dryers may have to be used in humid and wet
areas. At Johnson City, air drying has proved difficult all year, especially
during wet winter months. (.77)
Hammermills may be used for regrinding. Screens can be rotary or
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GUIDELINES AND REPORTS 601
vibrating types and have perforated plate, square mesh, or piano wire
type screening elements with openings up to \ inch. In the last type, the
transverse wires (which are very taut and are perpendicular to the flow
of compost) can be at least \ inch apart and the longitudinal supporting
wires up to 10 inches apart.
Regrinding can precede or follow screening. In the latter case, the
material retained by the screen is sent to the grinder and then screened
again. Small particles of glass, whose presence is usually objectionable,
can be removed by machines using one or more of the principles described
later.
For some uses, such as land reclamation or erosion control in isolated
places, compost need not be finished. For general agriculture, a coarse
grind is satisfactory, whereas for horticultural and luxury gardening the
product must be finer. Reground and screened compost is ready for use
as a soil conditioner or may serve as a carrier for fertilizers and blended
products. Pelletizing, especially with blending, is sometimes done.
[p. 38]
Storage. The use of compost in quantity is seasonal, being more in
demand during the spring and fall. A plant must, therefore, be able to
store its production for six months or more. Curing and storage can be
combined by piling the compost after its heat has diminished or dis-
appeared. Rough compost can be stored for later grinding or the finished
product may be stored. Storing in the open may be feasible in some cases.
SPECIAL PROBLEMS
Glass Removal. Glass removal presents a problem. Pieces and articles
of glass are broken as the refuse is collected and transported to the plant
as well as by the receiving and processing machines; complete removal is,
therefore, impossible. Glass crushers, often simply two spring-loaded
rollers that exert pressure on each other, are sometimes used to break the
material into small sizes. (58) Hammermills can pulverize glass particles
to some extent, but a rasper's capability is minimal.
Many European plants have an apparatus that uses gravity and the
differences in the inertial energy and resiliency of particles to remove glass
(Figure 4). (58) A ballistic separator impels the material horizontally or
at a slight upward angle. Dense and resilient particles travel farther than
those that are soft and nonresilient. Although the separation is not de-
finitive, it is satisfactory. The "secator" relies on gravity and particle
elasticity to remove heavy and resilient bits of material. The bounce
plate is so positioned that the compost or ground refuse lands forward
of the center of rotation of the drum and is carried
[p. 39]
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602
LEGAL COMPILATION—SOLID WASTE
BALLISTIC SEPARATOR
ORGANIC PARTICLES
INORGANIC
PARTICLES
SECATOR
INCLINED CONVEYOR
SEPARATOR
BOUNCE
PLATE
PULLEY
HEAVY AND
RESILIENT
PARTICLES
LIGHT AND
INELASTIC
PARTICLES
HEAVY AND RESILIENT
PARTICLES
FIGURE 4.—Types of inertial separators.
LIGHT AND INELASTIC
PARTICLES
[p. 40]
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GUIDELINES AND REPORTS 603
to the far bin. The resilient particles bounce off the plate to hit the drum
back of the center of rotation and bounce into the near bin. In the inclined
conveyor separator, the belt is made of steel plates. Heavy and resilient
particles bounce down while softer ones continue upward and are de-
posited in another container.
Another type of separator, known as a "stoner," employs a diagonally
included, perforated, vibrating table or plate. The material to be separated
is deposited on the plate and is "fluidized" by an upware flow of air
through the plate. The lighter particles are thereby separated from the
heavier ones and are transferred across the plate, then down to a dis-
charge point. Heavier particles are carried upward and discharged at the
top.
Plastics Removal. Removing plastic film and similar items may also
present special problems. Some film can be removed by pneumatic devices,
but their development has not been perfected. Dense plastic particles
also give trouble. Small, flexible items can be deformed to allow them to
pass through a hammermill or a rasper, after which they resume their
shape in the ground refuse. Salvaging molded plastics is being investigated
in some areas.
Handling Problems. Compost requires special material-handling tech-
niques. It tends to stick to chutes, sides of hoppers, inside surfaces of
dump trucks, etc. One operator in this country has used a Teflon com-
pound on the inside surfaces of dump trucks that carry large quantities
of compost. Bulk shipments in railroad cars present unloading problems,
because the compost will not flow by gravity from conventional cars, as
do coal or crushed stone.
[p. 41]
Weight and Volume Losses. As previously mentioned, 20 to 30 percent
(by wet weight) of the incoming refuse is not compostable, and some of
this is removed. The remaining refuse is comminuted to aid the digestion
process, which, in turn, further reduces the volume. The weight lost is
in the form of the two principal products of decomposition, carbon dioxide
and water; it amounts to 20 to 30 percent of the dry weight.
Experience gained at Johnson City and Gainesville indicates that each
ton of incoming refuse will yield, after processing, about 1,000 pounds of
compost having a moisture content of approximately 30 percent. (17, 18)
The volume reduction achieved in composting has created considerable
interest in preparing refuse for landfilling by grinding it or by grinding
then composting it. In addition to occupying less space, the ground
material has other apparent advantages: it looks better than raw refuse,
does not contain large pieces of paper that can blow about, and is less
attractive to rodents. If it has been composted as well as ground, the
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604 LEGAL COMPILATION—SOLID WASTE
refuse has an even better appearance, gives off fewer odors, restricts fly
breeding, requires less or possibly no cover, and occupies less area. Since
it has been digested, the compost—if well composted—should subside
less and produce less gas than raw refuse. It has been estimated that if a
given amount of raw refuse were divided into equal parts, one of which
was buried untreated in a landfill and the other was first composted,
the latter would occupy 21 percent less space. (60)
Another source states that if refuse containing noncompostables is
ground and then composted, it can double the life expectancy of the
standard sanitary landfill for a given depth of fill. (£.7)
[p. 42]
Work being done at Madison, Wisconsin, has shown that milled refuse,
compacted to a depth of six feet with a D-8 bulldozer, takes up only about
half the volume in a landfill as unmilled refuse handled in accordance
with usual sanitary landfill practices. (62) Further reduction in volume
may be achieved by using special compactors. It is likely that if the
material had also been composted, even less space would have been
required. At Johnson City, 42-day-old compost has 28 percent less volume
than ground but uncomposted refuse. This compost, however, does not
contain the proportion of noncompostables contained in the previously
mentioned raw refuse. (17, 63)
These observations indicate that if refuse is milled (except items that
could jam or damage the machinery) and then composted, its volume is
reduced by at least half. Composting costs in this case would be reduced
as there would be little sorting, compost could be removed from the
digesters as soon as a, practical point of decomposition had been reached,
no curing or drying period would be needed, and no finishing would be
required.
Epilog. Only general engineering problems, and some solutions, have
been discussed. Although many plants have had to use a "cut and try"
approach to design, construction, and operation, there does exist sufficient
knowledge to permit a good engineering design of compost plants. The
problems are varied, and many offered a new challenge to the design
engineer. However, with proper techniques the problems can be overcome.
It would be reasonable to expect, as in the case with many past products,
that if compost plants become popular, along with good
[p. 43]
product development programs, equipment, buildings, and engineering,
problems will become more routine and relatively less expensive to
handle. It is not intended to imply that the actual cost of composting will
decrease in the future. It may be possible, however, that the differences
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GUIDELINES AND REPORTS 605
that exist today between the cost of composting and the costs of other
refuse treatment methods may decrease in the future.
ENVIRONMENTAL ASPECTS
Composting plants may affect the surrounding environment and the
neighborhoods in which they are situated, because they are potential
sources of odors and may provide breeding places for flies and rodents.
Good management, especially the maintenance of aerobic conditions in
the composting refuse, can, however, minimize the odor problem.
Managers should insist on meticulous housekeeping and avoid holding
unground refuse from one day to another.
Adult flies and fly larvae and pupae are brought into a plant with the
refuse, especially if the collection system does not provide frequent
pickups. At the receiving point, the application of the residual insecticide
around the unloading apron and on the walls of the receiving building
has successfully killed larvae migrating from the refuse. (^7) Grinding also
destroys many of the larvae and pupae.
Flies are also attracted to fresh ground refuse, and they may breed
during the digestion period if proper conditions are not maintained. On
the other hand, the temperatures reached in aerobic, composting are
lethal to fly larvae and eggs.(I./) Care should, therefore, be taken to
[p. 44]
ensure that all portions of the windrows reach these temperatures. This
can be done by proper shaping and piling prior to turning. If the windrows
are turned approximately every three days, this may also aid in control-
ling flies by breaking their life cycle.(11, 17) The judicious use of an
insecticide will also help. (17) Rodents can be controlled with posions
and by denying them hiding places.
Noise and dust may be hazardous to the workers. Since hammermills
can generate intolerable noises, they should be isolated from the building
by dampening materials. Materials falling into a metal-sided reject hopper
from a picking station may also cause excessive noise. Lining with wood
or some other soft material can ameliorate this condition.
In areas where much coal is burned, ash-impregnated refuse may be a
problem because of the dust generated. The same could be true if street
sweepings are part of the refuse.
CHEMICAL ASPECTS
Carbon-Nitrogen Relationship. The rate at which organic matter de-
composes is determined principally by the relative amounts of carbon
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606 LEGAL COMPILATION—SOLID WASTE
and nitrogen present. In living organisms, the ratio is about 30 to 1 and,
theoretically, this should be the optimum ratio in municipal refuse
a\so.(ll) In actual practice, however, it is much higher. Composting,
nevertheless, can successfully create a product suitable for agricultural
use, since it is pathogen- and nuisance-free and is produced in a reasonable
length of time from refuse having initial carbon-to-nitrogen ratios ranging
from 21 to 78.(64)
[p. 45]
As composting proceeds, the causative organisms use the carbon for
energy and the nitrogen for cell building. The C/N becomes smaller
with time, since the nitrogen remains in the system while the carbon is
released as carbon dioxide.
If fresh or insufficiently decomposed compost, with high carbon and low
nitrogen values, is applied to soil, the continuing microbial activity
could, in theory, rob the soil of nitrogen if the ratio exceeds 20:1. In
practice, however, a higher ratio can be tolerated if the carbon is not
readily available to the organisms, i.e., is in the form of paper.(11, 57}
Experience at Johnson City indicates that refuse with an initial ratio
of between 39 and 49 will decompose in about six weeks into a compost
with a ratio of between 28 and 35, a median reduction of 27 percent. The
product is safe with respect to health, has a satisfactory appearance and
odor, and is comparable to that produced by other plants and systems. (17)
In preliminary experiments at Gainesville on refuse and refuse-sludge
mixtures, the initial ratios generally ranged from 57 to 68. After digestion,
the span was 54 to 59, a 6 to 14 percent reduction. (18)
Composition of Compost. The composition of compost varies widely,
and data have been collected on the values of certain constituents observed
at Johnson City (Table 5). Carbon, nitrogen, phosphorus, potassium,
sodium, and calcium occur mostly in a combined form; iron and aluminum,
and possibly magnesium and copper, are present primarily as uncombined
metals. The values found for nitrogen, phosphorus, potassium, calcium,
and percent ash correspond to those found by investigators of other
composts. (65)
[p. 46]
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GUIDELINES AND REPORTS
TABLE 5. ELEMENTS IN 42-DAY-OLD COMPOST AT JOHNSON CITY
607
Percent dry weight
(average)
Element
Containing sludge Range
(3%-5%) Without sludge (all samples)
Carbon
Magnesium _- -
Nickel
Lead
33.07
0.94
0.28
0.42
1.41
0.28
_ 1.56
1.07
1.19
<0.05
<0.05
<0.01
<0.005
<0.0005
(i)
(i)
32 89
0.91
0 33
0.41
1.91
0.22
1.92
1 10
1 15
<0 03
<0 05
<0 01
<0 005
<0 0005
(i)
(i)
26 23-37.53
0.85- 1.07
0.25- 0.40
0.36- 0.51
0.75- 3.11
0.20- 0.34
0.83- 2.52
0 55- 1 68
0.32- 2.67
i Not detected.
[p. 47]
Gotaas has reported that the organic content of compost is between
25 and 50 percent by dry weight(jfi); at Johnson City, it has been 60 to 70
percent for finished compost. (.77)
Compost is not a fertilizer but is comparable to a good topsoil because
of its nitrogen, phosphorus, and potassium content. Since it has a high
organic content, it helps to provide good tilth, water-holding capacity,
and nutrient-retaining capacity when mixed with poor soils.
Although such elements as iron and aluminum occur in relatively high
amounts, they are present as metals and metal oxides and should not pose
any problems. Aluminum is a major constituent of most soils, and causes
difficulties only in very acid soils, those with a pH well below 5.0.
As is the case with fertilizers, liming agents, and other materials placed
on the soil, consideration should be given to the effects of soluble salts
present in compost and drainage must be provided so that they do not
accumulate in the soil.
Moisture in Composting. To achieve the greatest decomposition, the
water content of compost should be maintained at 50 to 60 percent by
wet weight, and aeration should be provided. As water is added, the
compost becomes more compact and this reduces the amount of air
present. Anaerobic conditions then arise and objectionable odors are
created. If too much water is introduced, the material becomes difficult
to handle and too dry for finishing. On the other hand, if the moisture
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608 LEGAL COMPILATION — SOLID WASTE
content falls below 50 percent, high temperatures are achieved in the
center of the mass and it gives off few odors, but the rate of decomposition
slows.
[p. 48]
Composting Temperatures. Temperature readings made in a composting
mass may indicate the amount of biochemical activity taking place. A
drop in temperature could mean that the material needs to be aerated or
moistened or that decomposition is in a late stage.
It has been noted that the windrowing method produces a typical tem-
perature profile. Temperatures between 150F and 160F (66C to 71C)
are easily reached and maintained for about 10 days (Figure 5). Tem-
peratures between 140F and 150F (60C to 66C) can be kept for about
three weeks. Temperatures of up to 170F (77C) have been observed in
the center of a composting mass. Time-temperature relations are important
in freeing the compost of pathogens. (^7) At Johnson City, it has been
found that a single weekly temperature reading will help determine if
composting is progressing normally and that temperatures necessary to
destroy pathogens are being maintained. (1 7)
At Gainesville, the compost has sometimes reached 180F (82C) on the
sixth day of composting in open-tank digesters. Forced aeration is used
at this plant, but agitation is provided only intermittently or not at
On the Fairfield-Hardy digester at Altoona, Pennsylvania, temperatures
between 140F and 160F (60C and 7 1C) are normally attained and oc-
casionally rise to 176F (79C). In this enclosed system, the composting
material is continually agitated for 7 to 9 days; forced aeration is used.
Composting pH. The initial pH of refuse at Johnson City is usually
between 5 and 7 unless a large amount of alkaline material is present.
[p. 49]
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GUIDELINES AND REPORTS
609
180
160
- 140
120
100
80
I I I I I
• Range of temperatures in enclosed digester (Gainesville)
Average temperatures in composting
in windrows (Johnson City)
. Range of temperatures in windrow during curing
after removal from digester (Gainesville)
I
3 4
ACE IN WEEKS
FIGURE 5.—Typical and comparative temperature profiles obtained from compost-
ing municipal refuse indicate that temperatures in excess of 140F are easily attained
during aerobic composting.
[p. 50]
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610 LEGAL COMPILATION—SOLID WASTE
On an average, the refuse is at least three days old when it arrives. The
pH drops to 5 or below in the first two to three days of composting and
then begins to rise; it usually levels off at about 8.5 and remains there as
long as aerobic conditions are maintained (Figure 6). If the compost
becomes anaerobic, as it does when stored in deep piles at Gainesville,
the pH drops to about 4.5. (18)
Ordinarily, pH is not used for process control, but if an operator knows
the normal pattern it follows, he may be alerted to the presence of unusual
substances if differences are noted.
MICROBIOLOGICAL ASPECTS
General. Composting as a microbiological process is the conversion of
biodegradable organic matter to a stable humus by indigenous flora,
including bacteria, fungi, and actinomycetes, which are widely distributed
in nature. In composting, however, such selective factors as moisture
content, oxygen availability, pH, temperature, and the carbon/nitrogen
ratio determine the prevalence and succession of microbial populations.
As Waksman, Cordon, and Hulpoi have pointed out in extensive studies
on the aerobic composting of manure and other organic matter, a variety
of microorganisms has a number of specific functions, all of which are
interrelated in the total process. (66) During the course of composting,
both qualitative and quantitative changes occur in the active microflora;
some species multiply rapidly at first, change the environment, and then
disappear to allow other populations to succeed them.
[p. 51]
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GUIDELINES AND REPOKTS 611
9.01 1 1 1 1 1 1
8.0
7.0
6,0
5.0
AGE IN WEEKS
FIGURE 6.—A typical pH profile obtained in windrow composting proceeds from an
initial acidic condition within the first week to become rather alkaline.
[p. 52]
When composting begins, the mesophilic flora (microorganisms able to
grow in the 77F to 113F (25C to 45C) temperature range) predominate
and are responsible for most of the metabolic activity that occurs. This
increases the temperature of the composting materials, and the mesophilic
populations are replaced by thermophilic species, those that thrive at
temperatures about 113F (45C). This rise in temperature is influenced
to a great extent by oxygen availability. When municipal refuse is com-
posted at Johnson City, for example, windrows kept for the most part
aerobic reach temperatures up to 167F (75C) and produce few objection-
able odors. When a windrow is allowed to become anaerobic through lack
of turning, however, the temperature peaks at about 13QF (55C) and
drops much lower after the first two weeks of composting.
Even though composting materials usually contain a wide range of
active flora, many attempts have been made to develop an inoculum of
microorganisms that would speed the decomposition process. Their use
has, however, usually proved to be of little value. (11) Nevertheless, it
would seem worthwhile to study the merit of adding nitrogen, phosphorus,
or other elements to supply essential nutrients for the active flora in the
composting of straw, paper, and other materials that, alone, are nutrition-
ally unbalanced. (67, 68) The key to successful composting in the United
States may well depend on acquiring the ability to degrade the increasingly
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612 LEGAL COMPILATION—SOLID WASTE
high concentrations of cellulose found in solid wastes. (57) Advances in
this area appear to depend on the gathering of more knowledge about the
functions of specific flora in the composting process, a field in which
relatively little research has been done.
[p. 53]
Pathogen Survival in Composting. Studies conducted at Johnson City
and by Morgan and MacDonald indicate that properly managed windrow
composting turns out a product that is safe for agricultural and gardening
use.(i7, 69) Proper management consists of keeping the moisture content
at between 50 and 60 percent by wet weight, maintaining aerobic condi-
tions by turning the material periodically, and assuring that the windrows
are thoroughly mixed.
Specifically, investigations made at Johnson City in conjunction with
East Tennessee State University showed that:
1. Pathogenic bacteria that may be associated with sewage sludge and
municipal refuse were destroyed by the composting process after being
inserted into windrows ;
2. There was a consistent, inverse relationship between the number of
total and fecal coliforms in the compost and the windrow temperatures
recorded. A heat range of 120F to 130F was sufficient to reduce the coli-
form populations significantly, often to a level at which they could not
be detected by the Most Probable Numbers Method. Significant numbers
of coliforms reappeared, however, when the temperature dropped during
the last stages of the composting process.
3. M. tuberculosis was normally destroyed by the 14th day of com-
posting if the temperature had averaged 149F (65C). In all cases, the
organisms were destroyed by the 21st day.
4. Composting that attains a temperature range of 130F or higher for
as little as 30 minutes also deactivates the polio virus.
[p. 54]
5.There are no references in the literature to any sanitation workers
having been infected by fungi as a result of handling solid wastes. This
suggests that there should be no restrictions put on the use of compost.
No extensive studies regarding pathogen survival in mechanical com-
posting systems in the United States have been completed, but there are
indications that the product is safe to use if it has been properly mixed
in a mechanical digester-composter and then cured.
[p. 55]
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GUIDELINES AND REPORTS 613
Chapter IV
Economic Considerations
Composting in the United States has not been looked upon as a method
of waste disposal but as a business; as such, it has had an unsuccessful
history. Considering it as a disposal method, the expectation of a profit
or an income to balance the cost adds a burden not imposed upon land-
filling or incineration. Thus, one deterrent to more widespread develop-
ment of composting as a means of municipal solid waste treatment in this
country has been this widely advanced premise that composting must
produce a profit, or at least pay its own way. No other method of waste
disposal or treatment is expected to accomplish such a goal.
In the last 20 years, the technology of composting municipal refuse
has been investigated rather intensively, and there is the knowledge and
equipment to enable engineers to design mechanized compost plants and to
produce compost. Although corresponding information on costs is much
less satisfactory, it has become increasingly apparent that composting is
not an inexpensive method of refuse treatment.
This chapter considers the monetary aspects of composting. Further
research in the use of compost in agriculture and land management may
help to furnish a gauge by which to measure economic benefits not now
quantified. Elements of the cost of disposal by composting, expressed
[p- 57]
as a gross cost per ton for processing raw refuse, and the credits that may
accrue from salvage, the sale of compost, and other considerations are
discussed.
A reader attempting to discover the cost of composting is confronted
with an array of costs ranging from about $2.50 to $20.00 per ton of
refuse processed. (70, 71) Cost figures for individual plants are available
but variations in size, methods of operation, plant complement and wage
scales, number of shifts, accounting systems, financing details, land costs,
and final disposal make comparisons almost impossible. Until recently,
the principal source of such information was Europe. To apply costs
developed in Europe or elsewhere to composting in the United States is
even more difficult. Because of this lack of reliable cost data on the con-
struction and true operating costs of composting plants in general, the
major portion of the information that follows is based on observations of
the U.S. Public Health Service—TVA Composting Project, Johnson City,
Tennessee, although it is limited to the general conclusions and aspects
of costs as derived from these observations.
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614 LEGAL COMPILATION—SOLID WASTE
CAPITAL COST
Windrowing Plants. Estimates of the capital costs for various capacity
windrow composting plants, based on the actual costs encountered for the
Johnson City composting plant, range from $16,560 per ton of daily
capacity for a 50-ton-per-day plant to $5,460 per ton of daily capacity
for a 200-ton-per-day plant on a two-shift operation (Table 6.) The
estimates of the total yearly capital investments for these
[p. 58]
TABLE 6. ESTIMATED CAPITAL COSTS FOR WINDROW COMPOSTING PLANTS
Daily plant capacity in tons per day (T/D)
Item of cost
Buildings
Equipment . - . ..
Total cost
Total cost per ton daily capacity
52 T/D
(Johnson City
plant, 1 shift)'
$368,338
463,251
126 786
7,600
965,980
18,580
50 T/D
(1 shift)'
$210,000
482,700
126 800
8,400
827,900
16,560
100 T/D
(50 T/D
2 shifts)'
$231,000
482,700
126 800
12,400
852,900
8,530
100 T/D
(1 shift)'
$231,000
607,100
152 000
12 400
1 002,500
10,020
200 T/D
(100 T/D
2 shifts)'
$251,000
607,100
152 000
21 200
1 031 300
5 156
i Actual cost of the research and development PHS-TVA Composting Plant at Johnson City, Tennessee.
> Based on Johnson City cost data adjusted for building and equipment modifications.
< Estimates based on actual Johnson City cost data projected to the larger daily capacity plants.
< Includes preparation of composting field with crushed stone and needed utility lines.
' Land costs are estimated based on approximate land values near Johnson City, Tenn., of $800 per acre.
[p. 59]
plants on the basis of cost-per-ton-of-refuse-processed, range from $6.15
for the 50-ton-per-day plant to $2.01 for the 200-ton-per-day plant on two
shifts.
The actual initial capital costs for the USPHS-TVA Composting Plant
were $18,580 per ton daily capacity (Table 7). On a per-ton-refuse
processed basis, the yearly capital investment cost is $12.98 (at 34 tons
per day in-1968). Operated at the design capacity of 52-tons-per-day, the
yearly capital investment cost would have been $6.88 per-ton-refuse
processed.
The capital cost of $965,980 for the Johnson City plant is subject to
some qualifications. A high proportion (38 percent of plant cost) is in
buildings, partly because of the multi-story design with equipment
installed on the second- and third-floor levels. More ground-level floor
space and simpler framing, as used in common mill buildings, with
installation of machinery independently of the structure would have
permitted a less expensive structure. Similar reductions were used in the
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GUIDELINES AND REPORTS
615
cost projections for the other plants. A case in point is the 150-ton-per-day
plant at Gainesville, Florida, where the cost of the building, estimated at
$150,000, is approximately 11 percent of the total plant investment.
These cost estimates include equipment for processing sewage sludge
from the population generating the refuse. Since these composting plants
include sludge processing equipment, caution must be exercised; costs
developed here cannot be directly compared with capital costs of landfills
or incinerators that do not include equipment for sludge processing.
[p. 60]
TABLE 7. ESTIMATED INVESTMENT COSTS FOR WINDROW COMPOSTING PLANTS (1969)
Plant capacity in tons per day (T/D)
Item of cost
Construction
Land costs
Total
Depreciation /year » .
Interest /year1 _
Cost per ton daily capacity...
Cost per ton refuse processed.
52 T/D
(Johnson City,
1 shift,
7,164 tons, 1968)i
$958,380
7,600
965,980
47,920
45,080
18,580
12.98
t (6.88)
50 T/D
(1 shift,
13,000 T/year)'
$819 500
8 400
827 900
41 000
38,600
15,560
6.12
« (5.38)
100 T/D
(2 shifts,
26,000 T/year)'
$840 500
12,400
852,900
42,000
39,800
8,530
3.15
« (2.76)
100 T/D
(1 shift,
26,0001 /year)'
$989 100
12 400
1,001 500
49 500
46,200
10,020
3.68
' (3.28)
200 T/D
(2 shirts,
52,000 T/year)»
$1 071,100
21,200
1 092,300
53,550
51,000
5,460
2.01
• d-73)
1 Actual costs of plant as built at Johnson Cty. Plant operates on 1-shift day. Cost per ton based on 1968 level of 7,164
tons of refuse processed.
* Based on Johnson City plant cost data adjusted for less elaborate equipment, buildings, and modifications.
3 Straight line depreciation over 20 years of buildings and equipment, excluding land.
< Bank financing at TA percent over 20 years. Yearly figure is average of 20-year total interest charge. Land cost in-
cluded.
* Cost of Johnson City plant adjusted to design capacity of 13,520 tons refuse processed per year.
' Estimated cost without sludge processing equipment.
[p. 61]
Enclosed Digestion Plants. Enclosed digestion plants are similar to
windrowing plants with respect to receiving, sorting, grinding, adding
sewage sludge, final grinding and screening, curing, and storage. Plants
of both types require area for the storage of compost for curing and stock-
piling. Seasonal use of compost makes stockpiling necessary. The estimates
for the windrow plants include land for storage, in rectangular piles 15
feet high, of 6 months' production. Land required for the composting area
is also important. Land costs used in the estimates were $800 per acre;
this figure is consistent with land values near the Johnson City plant. By
way of comparison, land near the Gainesville plant costs about $4,000 per
acre.
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616 LEGAL COMPILATION—SOLID WASTE
Comparing the capital costs per-ton-refuse-processed for the digestion
systems of a 150-ton-per-day windrowing plant with those of an enclosed
type plant, shows that, although the windrowing plant requires more land,
capital cost per ton processed will be less for a reasonable range of land
prices. Many of the other costs associated with these plants would be
similar (Table 8).
Other Countries. Capital costs reported in 1965 for European plants
vary from $0.76 to $1.91 per ton of raw refuse processed using the windrow
methods. For enclosed systems, the range was $1.18 to $3.98. (44)
It must be noted again that it is difficult to compare plant costs because
of such factors as variations in size, type, and operation. Comparisons
with foreign plants are even more difficult. The complexity of construction
will, of course, influence costs. In warm climates, heating of buildings may
not be necessary. For windrowing plants, the
[p. 62]
TABLE 8. ESTIMATED INVESTMENT COSTS FOR COMPOSTING PLANTS
[Windrowing and Enclosed Digestion Systems]
150-ton /day capacity
Item of cost Windrowing Enclosed
Construction and equipment _
Depreciation'
Interest (7 % percent)*.
Capital cost per ton daily capacity
Total cost per ton refuse processed
Land
Interest (7K percent)
Cost per ton daily capacity
Cost per ton of refuse processed'
Total cost
Per ton of daily capacity
Per ton of refuse processed
iJ185.500.00
9,280.00
8,660.00
1,237.00
0.46
9,300.00
430.00
62.00
0.01
'1,300.00
(1,550.00)
«0.47
(0.52)
'$300,800.00
15,040.00
14,040.00
2,005.00
0.75
2,640.00
120.00
18.00
<0.01
(.003)
2,023.00
0.75
i Based on costs from PHS-TVA Composting Plant at Johnson City, Tennessee, and land at $800 per acre.
" Based on costs from composting plant at Gainesville, Florida, and land at $4,000 per acre.
* Straight line depreciation of equipment and buildings over 20 years.
1 Average yearly interest, bank financing over 20 years.
' Computed from interest only; land is assumed not to depreciate.
• Computed with comparable land values estimated at $4000 per acre.
[p. 63]
size and spacing of the windrows will influence land requirements. In
wet periods and in humid climates, mechanical dryers may have to be
installed.
-------
GUIDELINES AND REPORTS 617
OPERATING COSTS
Windrowing Plants. Estimates of the yearly per-ton-of-refuse-processed
operating cost for windrow plants of varying capacities, again made by
projecting the actual costs encountered in operating the composting plant
in Johnson City, ranged from $13.65 for the 50-ton-per-day plant to $8.70
for the 200-ton-per-day plant on a two-shift operation (Table 9).
Actual costs for operating the Johnson City composting plant in 1968
were $18.45 per ton of refuse processed (Table 10). The nature of the
research conducted there and the inability of the Johnson City munici-
pality to deliver enough refuse for operation at full-plant capacity are
some of the reasons for the seemingly high cost. A cost of $13.40 per ton of
refuse processed was projected for operating this plant at full-design
capacity (52 tons per day) in 1969, with some modifications for the
research work being conducted. Labor expenses for 1968 amounted to
about 75 percent of the operating costs. In 1969, they accounted for
approximately 78 percent.
Up to 30 percent of the refuse delivered to a compost plant is non-
compostable. If salvaging is not practiced, all of this material should be
disposed of in a sanitary landfill. An estimated cost of from $.50 to $1.00
per ton of refuse processed must then be added to operational
[p. 64]
TABLE 9. ESTIMATED YEARLY OPERATING COSTS FOR VARIOUS CAPACITY WINDROW COMPOSTING PLANTS
Plant operating costs (dollars) Operating costs per
Plant capacity (tons of refuse Number of ton refuse processed
processed /day) (T/D) shifts Operations Maintenance Total (dollars per ton)
52 T/D 1968 Johnson City
(7 ]64)i
50 T/D (13 OOO)3 -— .
100 T/D (26 OOO)3
100 T/D (26000)'
200 T/D (52 OOO)3
1
1
2
1
2
$99,575
! (139,817)
133,950
213,795
197,850
357,015
$32,590
* (41 200)
43 700
59,150
59,850
95 400
$132,165
! (181 017)
177 650
272 945
257 700
452 415
$18.45
' (13.40)
13.65
10.50
9.90
8.70
> Figure in parentheses is total tons of raw refuse processed in 260-day work year.
* Costs projected for operating USPHS-TVA composting plant at design capacity ot 52 tons per day (13,520 T/yeir)
in 1969.
' Estimated costs based on USPHS-TVA composting project operating cost data.
[p. 65]
-------
618
LEGAL COMPILATION—SOLID WASTE
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-------
GUIDELINES AND REPORTS 619
costs. If the compost must be eventually disposed of in a landfill, the
additional cost per ton of refuse processed may reach $0.50.
High-Rate Digestion Plants. Operating cost data for many of the high-
rate digestion plants is incomplete, adding to the difficulty in comparing
costs. Yearly operating costs per ton of refuse processed for the Gainesville
plant were $7.56 for 157 tons per day and $6.94 for 346 tons per day.(/S)
Operating costs for some European plants have ranged from about $1.51
to $2.76 per ton of refuse processed. (44)
Total Cost of Composting. The estimated total costs per ton of refuse
processed for various composting plants ranged from $3.85 to $20.65
(Table 11). The range for windrowing plants, estimated from data ob-
tained from the USPHS-TVA project, however, was from $11.23 for a
200-ton-per-day plant to $20.65 for the 50-ton-per-day plant. The total
cost for the high-rate digestion plant at Gainesville was estimated at
$10.53 per ton of refuse processed at 157 tons per day and $8.58 per ton of
refuse processed at 346 tons per day.
The $32.31 per ton cost of composting municipal refuse at the USPHS-
TVA composting plant (Table 12) is subject to the qualifications as stated
in the discussion of its capital and operating costs. The projected cost of
$21.16 per ton of refuse processed at full operating capacity is also subject
to the same general qualifications.
PARTIAL RECOVERY OF COSTS
The cost of composting municipal refuse may be reduced in several
ways. Direct returns are possible if compost and salvageable material
[p. 67]
-------
620 LEGAL COMPILATION—SOLID WASTE
TABLE 11. SUMMARY OF TOTAL COSTS FOR COMPOSTING PLANTS'
Capacity
(tons /day)
50
100
100
100
157
200
200
300
300
300
300
346
Number of Type
shifts plant:
1 W
1 W
2 W
1 HR
1 HR
1 HR
2 W
1 HR
' W
1 HR
1 HR
2 HR
(per ton /day)
16,560
10,000
8,530
5,400(70)
8,830
4,800(70)
5,460
8,600(72)
5,000(72)
5,000(73)
4,500(70)
4,420
Cost per ton refuse processed
Capital
6.12
3.68
3.15
1 66
2.97
1 48 -
2.01
2 76
1.53
1.45
1.38
1.64
Operating:
14.53
10.62
11.22
7.56
9.22
5.00
2.40
5.12
6.94
Total
•20.65
• 14.30
'14.37
'10.53
'11.23
»6.53
3.85
6.50
'8.58
i Cost data provided for plants other than Johnson City and Gainesville, were used without adiusting to current eco-
nomic conditions.
2 W, windrowing; HR, enclosed high-rate digestion.
3 In the case of the 50-, 100-, and 200-tons-per-day windrowing plants, an estimated cost of {0.88, $0.72 and $0.52 per
ton of refuse received has been included for landfilling rejects.
1 Projected from Johnson City composting project data, at 26,000 tons per year per 100 tons per day capacity (260 days),
straightline depreciation of equipment and buildings over 20 years. Bank financing at 7H percent for 20 years. Includes
disposal of rejects into landfill.
> Actual data from Gainesville plant with interest at 7M percent over 20 years, at 45,000 tons per year (286 workdays).
Includes sludge handling equipment and disposal of noncompostables remaining after paper salvage.
' Actual data from Mobile, Alabama, composting plant. Components of costs not known.(44)
' Gainesville plant at 90,000 tons processed per year.
Note. Figs, in parentheses, see references.
[p. 68]
are sold. An indirect benefit may derive from processing sewage sludge
with the refuse and disposing of it as a component of the compost.
TABLE 12. ACTUAL COSTS FOR USPHS-TVA COMPOSTING PLANT, JOHNSON CITY, TENN.i
Tons per day
34 (7,164 tons /year)3
52 (13,520 tons/year)1
Capital
cost-per-ton
daily capacity
$18,580
18,580
Cost per ton refuse processed
Capital
$12.98
6.88
Operating *
$19.33
14.28
Total
$32.31
21.16
' Based on actual costs of Johnson City composting plant with T'A percent bank financing over 20 years. Equipment
and buildings depreciated over 20 years (straight line). Operating costs based on actual costs for calendar year 1968.
* Includes costs for landfilling rejects.
' Actual processing for 1968 operations.
' Operations projected to full capacity.
Compost Sales. The price at which compost can be sold depends on the
benefits to be obtained from its use and what customers are willing to pay
for such benefits, which have yet to be accurately ascertained. One
source estimated a benefit value of $4.00 per ton of compost for the
-------
GUIDELINES AND REPORTS 621
first-year application on corn. (74) In this case, the value of the benefit
might pay only for hauling. However, corn is a relatively low-priced crop,
and the compost may have more value in other uses. Benefits from using
compost over a number of years and residual benefits over a period of time
from one application may increase its value. TVA is conducting studies
on the use of compost to help answer some of the questions relating to its
value.
[p- 69]
Compost has been sold for horticultural use, and viniculture may offer
a market in some areas. Conditioning or improving the product by
screening, pelletizing, bagging, and providing well-planned sales promotion
and distribution may result in a greater gross return. Compost may also be
sold in bulk, finished or unfinished, as well as fortified with chemical
fertilizers.
The University of California estimated in 1953 that farmers would pay
from $10 to $15 per ton(77); in fact, they showed little interest. A plant in
San Fernando, California, sold compost in 1964 at $10 per ton. (75)
Other sources estimated a bulk selling price of $6.00 per ton in
1967. (70, 72) In 1968, a St. Petersburg plant attempted to sell compost for
commercial agriculture at $9.00 per ton. The Lone Star Organics Com-
pany, Houston, Texas, was reported by one source to have sold compost at
$12.00 per ton and at $6.00 per ton by another source. (72) The Gainesville
plant has sold compost for about $7.00 per ton. This was for a ground,
unfortified, unpelletized product.
Altoona FAM, Altoona, Pennsylvania, sold a pelletized product in
1966-67 for $16.50 per ton (bulk basis) and $42.50 per ton in 40-pound
bags. In the 1967-68 season, orders were taken at $20.50 per ton in
bulk. (72)
Because of the prices that might be obtained from the luxury gardening
market, a few favored municipalities may expect to operate a self-sup-
porting compost plant. Note, however, that the markets being promoted
for existing plants include areas with distances up to 1,000 or more miles,
indicating a diffuse, low-level demand at this time. Also, the price
[p. 70]
obtained must absorb costs of final conditioning and marketing. Possibly,
$3 to $7 could be obtained at the plant for compost in bulk. Since the
yield of compost (30 percent moisture) is about 50 percent of incoming
refuse, the revenue from sales would be approximately $1.50 to $3.50 per
ton of raw refuse processed. Although this income is used for discussion,
the possibility must be considered that all or part of the compost cannot
always be sold.
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622 LEGAL COMPILATION—SOLID WASTE
Sale of Salvaged Materials. The income from salvaging depends on the
cost of salvaging operations, the volume of salable materials, and the
prices paid for the recovered materials. There may, however, be no market
for salvaged materials in some localities. One source has stated that salvage
can be practiced to at least the break-even point if a 300-ton-per-day
capacity plant is located near an industrial city. (73)
Materials most easily salvaged for which a market often exists are
paper, metals, rags, and glass. There may develop a market for some type
of plastics. Actual data on the income possible from salvaging are few.
The plant at Gainesville is equipped to salvage and market paper and
metals. In 1968, paper was sold at $15 to $20 per ton. Shredded cans at
destination could have been sold for $20 a ton, but shipping charges made
this impractical. Although few rags were salvaged, they brought $18 per
ton at the plant, baled. Projections for this plant have shown an expected
net income from salvaged paper of $1.50 per ton of refuse processed.
A feasibility study for a 300-ton-capacity composting plant in Michigan
assumed that paper would be salvaged in the amount of 15 percent;
metal and cans, 9 percent; and glass, 10 percent of incoming refuse.
[p. 71]
Paper was assumed to be salable at $10 to $15 a ton, metal and cans at
$8 to $12 a ton, and glass at $8 to $10 a ton. The estimated income from
the salvage of each category was $1.80, $0.90, and $0.80, respectively, per
ton of refuse received, totaling $3.50.(72)
The price of paper, for which there is the greatest market, can fall to as
little as $5 per ton. At these times, such plants as the Gainesville installa-
tion and the hypothetical one mentioned above would obtain an income
from paper of only $0.40 to $0.75 per ton of refuse received. According to
one source, the total to be expected from salvaging without sophisticated
equipment might be in the range of $1 to $2 per ton of refuse received. (70)
Composting Sewage Sludge With Refuse. A composting plant may be
operated to obviate part of the cost of handling the sewage sludge received
from the population it serves. For a 200-ton-per-day plant processing all
of the sludge from the population generating the refuse, the estimated
savings could range from 0 to $35 per ton of sludge solids, depending on
degree of treatment. Based on this estimate, the credit to composting
would be from 0 to $1 per ton of refuse processed. These estimates are
based on data from the windrowing plant at Johnson City. Savings
might be greater for plants using high-rate enclosed digesting systems.
Composting and Landfill Operations. There is interest in reducing landfill
requirements by grinding and composting refuse prior to depositing into
the fill. The crushing of cans and bottles, the reduction in size of other
noncompostables, and the reduction of the volume of
[p. 72]
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GUIDELINES AND REPORTS 623
organic material by digestion will reduce the volume of the refuse. The
digestion results in a less noxious material, less gas production in the fill,
and possibly less subsidence. The compost is less attractive to rodents and
insects and its appearance is more acceptable to most people. Less cover
will be needed as it may be applied only to prevent a fire hazard and to
keep small pieces of plastic film, shards of glass, and bits of metal from
showing, as compost for landfilling will not be finished to remove these.
It has been stated that with good compaction, the landfill volume
required will be about half that required for well compacted, unground
refuse. More work will be required in this area on the compactibility of
compost. Organic materials tend to be springy on compaction.
Landfill sites are becoming scarcer near urban centers especially due to
the resistance of citizenry to such operations. When sites are found at
greater distances the same difficulty is often experienced where people do
not want the city's refuse disposed of in their area. Composting may offer
a solution in some cases. The reduction in volume can result in savings in
handling costs, and sites nearer to cities may be tolerated where pre-
digested material is deposited.
It would thus appear that composting may effect savings where hauls
are long, but will not provide savings in land costs unless they are very
high. Where the availability of land is the problem and not the cost,
composting could extend the life of landfills. Well digested, but unfinished
compost could be used for fills in many places in a community and the
unused product could be put into landfills. The recovery
[p. 73]
of salvageable materials would reduce the volume of material to be com-
posted and to be disposed of by landfill.
NET COST OF COMPOSTING
Estimates of the net cost of composting municipal refuse have been
developed (Table 13). Although the costs for processing sewage sludge
have been included, no credit was given to the composting plant for
savings which might be realized by not processing the sewage at a sewage
treatment plant.
The net costs estimated for the windrowing plants range from $18.65
(per ton of refuse processed) for the 50 ton-per-day plant to about $7.73
(per ton of refuse processed) for the 200 ton-per-day plant on two shifts.
Net costs for the high-rate plant at Gainesville, Florida, were estimated
at $6.90 (per ton of refuse processed) at 157 tons per day to about $3.45
(per ton of refuse processed) at 346 tons per day (Table 13).
Composting Costs Compared with Sanitary Landfilling and Incineration,
Even with an income from compost and, in some cases, from salvage sales,
most composting plants show a deficit or an expected deficit. Based
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624 LEGAL COMPILATION—SOLID WASTE
entirely on economic considerations, most composting plants would not,
at this time, be able to compete with sanitary landfilling as a refuse
treatment method.
As with compost plants, the operating costs reported for incinerators
vary greatly, due to the same factors that cause differences in composting
costs, land values, labor costs, residual disposal, etc. For incinerators
constructed after 1950, averaging a daily input of 375 tons, the operating
[p. 74]
TABLE 13. ESTIMATED NET COSTS OF COMPOSTING (DOLLARS)
Plant capacity
(tons /day)
50 <
100'
100'
1575
200 •
300 •
300'
300s
346s
Type of
plant'
W
W
W
HR
W
HR
W
HR
HR
Number of
shifts
1
1
2
1
2
?
7
9
2
Total cost per
ton refuse
processed 2
$20.65
14.30
14.37
10.53
11.23
7.88
4.03
3.85
8.58
Estimated potential
income per ton
processed
Compost
sales
J2 00-$3 50
2.00- 3.50
2.00- 3.50
2.00- 3.50
2 00 3 50
3.24
3.00- 6 00
2.00- 3.50
Salvage per ton refuse
sales processed 3
J17 15-J18.65
10.87- 12.30
10.94- 12.37
1.63 5.40- 6.90
7 73- 9 23
3.50 1.14
1.63 3.45- 4,95
1 W, windrowing; HR, high-rate digestion, enclosed type.
2 Estimated costs included sludge processing.
1 No credit has been estimated for handling sewage sludge.
< Estimated from 1968 data from the Johnson City composting project. Costs include depreciation, interest, land, and
operations.
'' Projected costs for Gainesville plant at 39,000 tons per year.
• A hypothetical plant n
' Based on data from Mobile, Alabama, plant"; all components of cost are not known." There was no sludge processing.
s Reported costs do not include administration '••'»
» Projected costs for operating Gainesville plant at 90,000 tons per year.
[p. 75]
costs have been reported at $3.27 to $4.05 per ton.(76) A 168-ton-per-day
incinerator reports a total cost of $6.40 per-ton-processed,(77) while a
300-ton plant is estimated at 15.20 per ton.
Investment costs of municipal incinerator plants are currently in the
range of $7,500 to $10,000 per ton of capacity based on 24-hour opera-
tion. (78) The average for those in operation in 1968 was $7,100 per ton of
capacity. (82)
Although references to incinerators with costs between $3,000 and
$5,000 per ton of daily capacity can be found, those now being planned are
more complicated and costly because of new or contemplated air pollution
control measures. Costs to achieve these new criteria may have the effect of
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GUIDELINES AND REPORTS 625
almost doubling the price for small incinerators and adding at least 30
percent to the cost of larger plants. (77) An 800-ton-per-day plant con-
sidered for Washington, D.C., was estimated at $4,500 to $5,400 per ton
of daily capacity. The additional cost per ton for installing air pollution
control equipment was $2,800 to $3,700. (79)
In comparing cost of compost plants to incinerators, note that a direct
comparison is not correct for incinerators operating continuously for 24
hours, as most of the compost plants considered operate only on one
8-hour shift. Also, the composting plant cost includes sewage sludge
processing equipment not included in incinerators.
Thus, although the capital costs for composting plants are greater than
those for landfilling, they fall in the range expected for incinerators. Some
compost plants in the 300-ton-per-day size range may equal some in-
cinerator costs without the benefit of income from salvage and
[p. 76]
compost sales. At present, however, indications are that many will not.
The 150- and 200-ton-per-day plants may compete economically with
incineration if there is an assured market for compost and salvaged
materials. Plants under 100-tons-per-day capacity appear uneconomical.
The accurate prediction of a market for compost and salvage materials
and the intensive cultivation of this market is thus essential in determining
the economic potential for a given compost plant and will help determine
whether incineration is less expensive than composting for a given com-
munity.
SUMMARY
This chapter considered primarily the economic factors in conjunction
with composting. At this time, composting cannot compete economically
with sanitary landfilling when the net costs are compared. However, the
larger size plants fall into the cost range which may be expected for
incinerators operating with appropriate air pollution abatement devices.
A burden has been placed on composting which has not been imposed on
sanitary landfilling and incineration: a premise that composting must pay
its own way. This has led to many compost plant failures and has probably
deterred many municipalities from composting their refuse.
There are intangibles such as nuisance-free disposal associated with
composting that have not been quantified. These intangibles, once
quantified, may induce a community to compost even if the product must
be disposed of by giving it away. If this becomes the circumstance, there
may still be a benefit to the public of a kind which cannot be credited to
other refuse disposal methods.
[p. 77]
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626
LEGAL COMPILATION—SOLID WASTE
Chapter V
Agricultural and Horticultural Utilization of Municipal Compost
AGRICULTURAL PRODUCTIVITY AND SOIL EROSION CONTROL
An excellent review of plant and soil relationships and the results of
studies on compost utilization are contained in a recent paper by Tietjen
and Hart. (80) The following discussion of benefits and limitations of
composting related to agricultural productivity and soil erosion control
draws heavily upon that paper.
Plants can grow in almost any type of soil, but its fertility is closely
related to the amount of organic matter it contains and particularly to the
amount of nitrogen present. Organic matter includes humus, roting plant
roots, bacteria, fungi, earthworms, insects, etc. When a virgin soil is
cultivated without being fertilized, its organic content and yield are
reduced with time (Figure 7). High productivity can be maintained if
manures or chemical fertilizers are applied in the amount and at the time
the crop needs such nutrients. Over long periods, higher yields result from
the use of combined chemical and manure fertilizations (Figure 8).
This was confirmed over a 9-year period in which chemical fertilizers with
compost added were applied to soils (Figure 9). Increased crop yields may,
however, be obtained more economically if chemicals alone are added.
[p. 79]
100
= 1 90
: "c
E5
!o 80
g-S 70
OC c
I— W
z 5 60
50
10
20
30
40
50
60
PERIOD OF CULTIVATION
(years)
FIGURE 7.—Effect of cultivation on nitrogen content of soil.80'81 Soil repeatedly
cultivated without fertilization for replenishment of nitrogen.
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GUIDELINES AND REPORTS
627
120
110
£= 100
OOC
I—"J
3£g 90
?| 70
60
50
Manures plus chemical
fertilizer
Manures alone
Chemical fertilizer alone
No fertilizers
0
10
20
30
40
50
60
PERIOD OF CULTIVATION
(years)
FIGTJRE 8.—Relative yields of winter wheat with different fertilizer treatments.80
[p. 80]
5
4
7
o
1 6
X
o "I
O J
V
5 4
~a
c
Jr 3
O
LLJ
^ 6
5
4
Potatoes (year of application)
Rye (1 year after application)
II I I I I I I
Oats third year of rotation
(2 years after application)
I I I I
LEGEND
n Cured compost
-..-- — fresh compost
•••- - "^ No compost
0 20 40 60 80
NITROGEN APPLIED (pounds per acre)
FIGURE 9.—Data from a 9-year experiment by Tietjen and Hart indicated that there
may be yield benefits from the use of compost.80
[p. 81]
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628 LEGAL COMPILATION—SOLID WASTE
With regard to supplying plant nutrients, compost neither performs as
well as chemical fertilizers nor meets the legal requirements established by
several States for designation as a fertilizer. A typical compost contains
approximately 1 percent nitrogen, one-quarter percent phosphorus, and
one-quarter percent potassium. The slightly higher values that result
when sewage sludge and municipal refuse are composted together are
derived from the sludge.
The type of soil is an important factor to be considered in evaluating
how the continued use of a chemical fertilizer will affect productivity. If
the soil is low in organic matter, the continued use of chemical fertilizers
that do not have an organic amendment may decrease crop yields over a
period of time. The benefits of using compost to supply organic matter to
various types of soils, and the other benefits that might be derived from
its continued use over a long period of time have not been adequately
denned.
Tietjen and Hart point out that yields are not the only consideration
in evaluating the benefit of compost. They report the following additional
information on the 9-year experiment mentioned above. The nutrient
levels of the crops were measured each year. Potatoes grown on composted
plots averaged 6 percent more nitrogen, phosphorus, and potassium per
pound of crop harvested than those grown on uncomposted but fertilized
plots. On an average, compost-grown rye and oats had 4 percent and 9
percent higher nutrient contents, respectively. These are significant
increases.
[p. 82]
Organic matter affects the physical characteristics of soil. Benefits
that may be obtained by the addition of humus (from compost) to soil
are improved workability, better structure with related resistance to
compaction and erosion, and increased water-holding capacity. Improved
workability is generally described as tilth; it is measured by the farmer
in terms of easier plowing or cultivation which results in savings of power
and time. Better structure and improved water-holding capacity are
particularly important for erosion control on steep slopes. Comprehensive
research on erosion control of hillside vineyards was conducted by Banse
at Bad Kreuznach, Germany. The results of his field tests on compost
applied every three years to a 30° vineyard slope showed that compost was
very effective in reducing erosion (Figure 10). (80)
Tietjen and Hart indicated that it is difficult to put an economic value
on compost applications for improvement of soil physical properties.
They concluded that an improved water-holding capacity has not yet been
related definitively to either increased yield or reduced irrigation require-
ment, nor has improved soil workability been related to a lower plowing
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GUIDELINES AND REPORTS
629
and cultivation cost. (80) In basic agriculture, maintenance of acceptable
soil physical properties and prevention of erosion are obtained economi-
cally through such practices as crop rotation (often with legumes, green
manuring, contour farming, and fallowing). Although compost application
might improve soil physical characteristics or erosion control still further,
an economic analysis to prove the worth of composting has not yet been
made.
[p. 83]
ISO
o
o
o
Of.
oe.
100
COMPOST APPLIED
(Ions per acre)
150
FIGURE 10.—Compost applied every three years to vineyard slopes at Bad Kreuz-
nach, West Germany was found to be effective in preventing soil erosion and water
runoff.80
[p. 84]
The preceding examples of potential benefits from compost utilization
are derived from Europe where compost has been used more extensively
than in the United States. There is, therefore, a need for quantitative
data on its costs and the benefits in this country.
Although there has been considerable speculation about the values of
trace elements, qualitative evidence indicates that the benefits derived
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630 LEGAL COMPILATION—SOLID WASTE
result from the humus component when compost is applied to lawns.
There is sufficient information regarding commercial agriculture. (82)
DEMONSTRATION AND UTILIZATION
None of the compost produced at the Johnson City plant has been sold.
Prior to March 1969, the then Bureau of Solid Waste Management asked
TVA to restrict the uses to which it was put pending the evaluation of
possible health hazards. These restrictions and the lack of a suitable
finished product limited the activity of TVA's Division of Agricultural
Development in its utilization studies.
Where owners agreed to abide by such restrictions, 4,691 tons of compost
were placed on 208 demonstration areas and two experimental sites
between July 1,1968, and May 31, 1970. The latter, which are at Johnson
City and Muscle Shoals, Alabama, are "in-house" or TVA undertakings.
The demonstration areas are on public lands or private farms whose owners
have agreed to allow the agriculturist to supervise the application of
compost and to follow the progress of the plantings. Many were selected
because they were depleted, nonproductive, or problem areas where
fertilizer alone had not been successful. In each case, the farmer has
planted an untreated area for comparison purposes.
[p. 85]
The bulk of the material used in Fiscal Year 1969 was neither reground
nor screened and represented 80 percent of the total produced during the
year. About 57 percent of the demonstration areas was established between
mid-March and the end of June 1969.
Tobacco is grown on 81 of the demonstration plots, corn and grain
sorghum on 23, garden vegetables on 35, grass or sod on 23, shrubs and
flowers on 24, fruit trees on 5, and soybeans on 1. Erosion control and land
reclamation are studied at 5 plots. Three golf courses and 8 miscellaneous
plots are also involved. Both of the experimental sites have 52 test plots,
12 X 30 feet each, to which compost is applied at a rate of 4 to 200 tons
per acre; a fertilizer additive is used sometimes. One site is in corn and the
other in grain sorghum.
The rate of application on the demonstration plots ranges from 10 to
100 tons per acre for corn and 5 to 30 tons per acre for tobacco. By
evaluating the experimental sites over a 3^ year period, TVA expects to
determine the merits of various application rates of compost and fertilizer.
Three other soil improvement demonstrations deserve special mention.
Two involve erosion control and the reclamation of strip mine spoil
bank areas. One project is being conducted in cooperation with TVA's
Strip Mine Reclamation Section and the other with the Southern Soil
Conservation Committee in Mercer County, West Virginia. In the third
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GUIDELINES AND REPORTS 631
demonstration, approximately 100 tons of compost were shipped to Oak
Ridge National Laboratory and used as a soil amendment to help establish
a growth of white clover for special ecological studies. Radioactive
[p. 86]
solid wastes had been buried at the site under very poor soil, and earlier
efforts to grow vegetation on this soil had been unsuccessful.
During the first 16 months of operations at the Gainesville plant
(March 1968-June 1969), 17,514 tons of compost were produced and
1,774 tons were sold. Another 5,841 tons were donated for various public
uses, leaving over 55 percent to be stockpiled or disposed of in some
manner. The proximity of the St. Petersburg compost plant has un-
doubtedly restricted the amounts that can be utilized, and some compost
was shipped up to 170 miles away. It has been applied at rates varying
from 1 to 10 tons per acre at citrus groves, 16 tons per acre for strawberry
crops, and up to 100 tons per acre for pine and fern seedlings. Observations
indicate that growth, crop yield, and erosion control improved. Long-
term information is required to determine benefit-cost relationships. Some
results from Northern Florida, however, have indicated that at least 20
tons per acre of compost must be used to achieve meaningful benefits.
HORTICULTURAL UTILIZATION OF COMPOST
The demonstrated benefit of compost applied to lawns has been pre-
viously mentioned. The "luxury" market, which includes private lawns,
gardens, golf courses, hothouses, and similar applications, is governed by
an entirely different set of factors from those that apply to agricultural
markets. The luxury market is small-scale, labor-intensive, more sensitive
to aesthetic, conservationist, and emotional considerations, and less able to
evaluate extravagent promises of benefits that
[p. 87]
are claimed by advertisers of competing products. In contrast, large-scale
agriculture is characterized by the need for showing profits over short
periods of time comparable to that considered by other industries.
[p. 88]
Chapter VI
Potential of Municipal Refuse Composting in the United States
With present technologies of solid waste production and disposal,
together with currently effective economic and environmental constraints,
most communities are not willing to fund the cost of composting their
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632 LEGAL COMPILATION—SOLID WASTE
municipal refuse. Other chapters in this report have identified the factors
upon which this decision is based.
THE PROBLEM
In 1967, there were an estimated 260 million tons of solid wastes
generated by urban domestic, commercial, institutional, and municipal
sources. The 1970 level is estimated at approximately 300 million tons.
With a 50 percent yield, this would provide 150 million tons of cured
compost. (The other 50 percent would be accounted for almost equally by
weight lost during composting and material sorted from the incoming
refuse as salvage or rejects to be disposed of separately.) Cured compost
typically contains 30 percent water and weighs about 600 pounds per
cubic yard. The volume of the 150 million tons of compost produced
would, therefore, be 500 million cubic yards. The fraction of municipal
compost that can be marketed depends upon the costs of producing and
applying it, relative to the benefits derived from using it.
[p. 89]
Compost is not a fertilizer but a soil conditioner. Some feel that its
important value lies in its organic matter, which may improve the physical
properties of the soil. Observations indicate that it will make soil easier
to till, increase its porosity, raise its moisture-absorption and -holding
ability, and prevent the leaching out of nutrients, including fertilizer.
It also increases the biological activity in the soil, which stimulates plant
growth. Although compost is not a fertilizer, it can be blended with
chemical fertilizers.
It is generally accepted that the cost of composting and the need to
enrich the product or supplement it with chemical fertilizers restrict its
marketability to buyers in the specialty fertilizer field. In this respect,
municipal compost is in competition with aged cattle manure from dairies
and feed lots and with peat moss.
AGRICULTURAL EFFECTS FROM COMPOST UTILIZATION
Although there are some benefits and some drawbacks associated with
the utilization of municipal refuse compost, the economic realities as-
sociated with commercial agriculture or horticulture, which would be
affected the most, have discouraged the widespread production and con-
sumption of compost. Even barnyard manures, which are relatively rich in
nitrogen, have become a disposal problem because their assumed cost-
benefit ratios compare unfavorably with those of chemical fertilizers.
Organic materials, including compost, have been cited by Kilmer as "the
-------
GUIDELINES AND REPORTS 633
nearest thing to a cure-all for soil problems that we have."(S3) Municipal
compost, however, is at a disadvantage, because it has low nitrogen values
[p. 90]
and contains plastic and glass fragments. Since World War II, the avail-
ability of artificial fertilizers has "* * * led to the situation in which nitro-
gen from chemical fertilizers is cheaper than that from manure, even if
only handling charges of the latter are taken into account* * *."(84)
It is probably valid to state that the farmer has followed the established
practice of industrial or commercial solid waste producers and determined
that waste disposal practices with the least immediate expense must be
followed in order to maintain his competitive position. Like his urban
counterpart, the farmer has assumed that environmental problems
resulting from inadequate disposal techniques will be solved when
"research" provides an effective method, hopefully at no increase in cost.
A dilemma results from accepting the validity of compost systems—they
turn out a product that may have some value but they cost more to operate
than the end product is apparently worth. McGauhey suggests that this
dilemma be solved by postponement. Conversion of a "low-value waste
material that nobody wants into a low-value resource that nobody wants"
should be deferred. This can be done, McGauhey suggests, by placing
solid wastes hi landfills until their value warrants mining and recovering
them. (82)
Bowerman has recommended that composting be applied to regional
solid waste management in the Fresno, California, area. (85) He proposes
that poultry and livestock manures with low carbon-nitrogen ratios be
mixed with municipal refuse and composted. The product, along with that
resulting from fruit and vegetable processing wastes, would be applied to
the land at a rate of 75 tons per acre per year. According
[p. 91]
to Bowerman, 20 percent of the nation's municipal refuse could be proc-
essed and disposed of in this way by the year 2000. Digested sewage sludge
could also be disposed of onto the land. Except for its suggestion that a
market might be developed for the compost, the proposal is an example
of a rather advanced systems approach to regional solid waste disposal
problems based on existing technology.
THE POTENTIAL OF COMPOSTING IN RESOURCE SYSTEMS MANAGEMENT
Resource systems management is defined as directing and maintaining
the development and utilization of air, water, mineral, and living resources
and their interactions under steady-state conditions. This means that
-------
634 LEGAL COMPILATION—SOLID WASTE
proper incentives and recycling technologies must be found to ensure that
elements, compounds, mixtures, and total energy maintain essentially
their historical distribution in time and space.
The economics of scale that are utilized in resource development,
processing, transportation, and disposal become diseconomies at that point
at which materials are finally returned to the environment. These dis-
economies are minimized by returning residuals to the environment
through dispersed rather than concentrated mechanisms. Engineering
control can provide greater initial dilution or dispersion. For example, a
large number of factory chimneys or stacks discharging steam and carbon
dioxide to the atmosphere is preferred on both economic and environ-
mental grounds to a single stack through which a combined discharge of
carbon dioxide and water would go. Modern sewers that discharge sewage
treatment plant effluents or cooling waters into marine or lake waters
have
[p. 92]
multiple discharge ports spaced over perhaps a half-mile, not just a
single port at the discharge end. On land, farming of digested sewage
sludge, oily sludge from refinery operations, or livestock manures pro-
motes more rapid assimilation by the environment than if these wastes
are concentrated in a small area. The organic residual of municipal
refuse may also be rapidly assimilated by the soil provided that it is
dispersed and has good physical, chemical, and sanitary characteristics.
Compost is amenable to such initial dispersion and assimilation.
Although the utilization of compost from municipal refuse has been
successful for a long time in a number of foreign countries, results in the
United States have not been encouraging because of economic considera-
tions. Because Americans have an attitude that composting plants—
unlike other methods used to process or dispose of wastes—must operate
at a profit or at least break even, (82) all of them have either shut down or
are operating under some sort of subsidy. The latter development is
enthusiastically supported by some conservationists. (86) The comparative
costs for different methods of refuse disposal vary from -zero to $50 per
ton (Table 14).
A community may or may not be geographically located to maximize
salvage of paper, metal, and other materials at a compost plant. Net
costs of $8 to $12 per ton may be expected in favorable locations (Table
15).
The factors that will influence the future of the composting process as a
municipal solid waste management tool are the costs and benefits of the
process, as compared with other municipal solid waste management
[p. 93]
-------
GUIDELINES AND REPORTS 635
TABLE 14. DIRECT COSTS FOR THE DISPOSAL OF SOLID WASTES'
Disposal method Dollars per ton
Promiscuous dumping and littering S0
Open dump, usually with burning H to 2
Sanitary landfill _ _ Ito3^
Incineration, current technology _ _ 38 to 14
Incineration, with air pollution control _ __ S9 to 15
Composting -- - 8 to 30
Sea disposal of bulk material • - 1 to 10
Sea disposal of baled, barreled, or otherwise contained material _ >7 to 50
' Costs are for the middle 80-percentile range for disposal only; they do not include collection, transportation, or in-
direct environmental costs.
" The cost to the public (or removal and subsequent disposal is from $40 to $4,000 per ton.
» For installations featuring heat recovery, add {3 per ton.
' Wet weight basis; for example, sewage sludge at 95 percent moisture, dredging spoils, waste oils.
• Costs are at dockside; higher costs are those associated with toxic or otherwise hard-to-handle wastes.
[p. 94]
processes. The present and potential technology of composting will permit
organic materials to be recycled back into the soil without significantly
polluting water or land. The cost is, however, higher than that associated
with other acceptable management methods. On the other hand, changes
in designated priorities on. the use of land, sea, or air may occur as per
capita waste generation rates rise. For example, a decision by Southern
Californians to eliminate backyard incineration of household refuse led
to a reevaluation of other alternatives available at the time. Similar
incidents may well happen.
TABLE 15. ESTIMATED COSTS FOR COMPOSTING MUNICIPAL SOLID WASTES IN FAVORABLE LOCATIONS
Plant input
Costs 50 tons/day 300 tons/day
Operating and capital $10 to $20 per ton $8 to $12 per ton.
Income:
Paper, metal, and miscellaneous salvage... 0 to 2 per ton 2 to 5 per ton.
Compost _ 0 to 4 per ton '0 to 2 per ton.
Net Cost:
Range 4 to 20 per ton 1 to 10 per ton.
Probable 12 per ton 8 per ton.
i Costs are per ton of refuse processed; assuming a typical 50 percent compost yield, the actual sale prices for the
compost would be twice the values shown.
The potential usefulness of all solid waste management systems,
including those that employ composting, will be influenced by changes
[p. 95]
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636 LEGAL COMPILATION—SOLID WASTE
during future decades of the value assigned to, or the emphasis placed
upon, any of the following four factors: the acceptance of more stringent
standards for environmental quality; the availability of systems to meet
these standards; cost per ton of solid waste managed for each available
system; public policy decisions requiring beneficial recycling rather than
land or sea disposal of wastes.
[p. 96]
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GUIDELINES AND REPORTS 637
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[p. 98]
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638 LEGAL COMPILATION—SOLID WASTE
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GUIDELINES AND REPORTS 639
58. Wiley, J. S. Some specialized equipment used in European compost systems.
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U.S. Environmental Protect'ioft"
Chicago, Illinois 60604
lENT PRINTING OFFICE.-1973 O—469-409
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