dreamproit/uscode huggingface dataset:
42 U.S.C. § 6944 (THE PUBLIC HEALTH AND WELFARE)
§ 6944. Criteria for sanitary landfills; sanitary landfills required for all disposal
(a) Criteria for sanitary landfills
Not later than one year after October 21, 1976, after consultation with the States, and after notice and public hearings, the Administrator shall promulgate regulations containing criteria for determining which facilities shall be classified as sanitary landfills and which shall be classified as open dumps within the meaning of this chapter. At a minimum, such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills.
(b) Disposal required to be in sanitary landfills, etc.
For purposes of complying with section 6943(2) 1 of this title each State plan shall prohibit the establishment of open dumps and contain a requirement that disposal of all solid waste within the State shall be in compliance with such section 6943(2) 1 of this title.
(c) Effective date
The prohibition contained in subsection (b) of this section shall take effect on the date six months after the date of promulgation of regulations under subsection (a) of this section.
(Pub. L. 89–272, title II, § 4004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98–616, title III, § 302(b), Nov. 8, 1984, 98 Stat. 3268.)
heading: References in Text
text: Section 6943(2) of this title, referred to in subsec. (b), was redesignated section 6943(a)(2) of this title by Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96–482, § 32(d)(2), Oct. 21, 1980, 94 Stat. 2353.
heading: Amendments
text: 1984—Subsec. (c). Pub. L. 98–616 struck out “or on the date of approval of the State plan, whichever is later” at end.
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6951 (THE PUBLIC HEALTH AND WELFARE)
§ 6951. Functions
The Secretary of Commerce shall encourage greater commercialization of proven resource recovery technology by providing—
(1) accurate specifications for recovered materials;
(2) stimulation of development of markets for recovered materials;
(3) promotion of proven technology; and
(4) a forum for the exchange of technical and economic data relating to resource recovery facilities.
(Pub. L. 89–272, title II, § 5001, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2820.)
42 U.S.C. § 6952 (THE PUBLIC HEALTH AND WELFARE)
§ 6952. Development of specifications for secondary materials
The Secretary of Commerce, acting through the National Institute of Standards and Technology, and in conjunction with national standards-setting organizations in resource recovery, shall, after public hearings, and not later than two years after September 1, 1979, publish guidelines for the development of specifications for the classification of materials recovered from waste which were destined for disposal. The specifications shall pertain to the physical and chemical properties and characteristics of such materials with regard to their use in replacing virgin materials in various industrial, commercial, and governmental uses. In establishing such guidelines the Secretary shall also, to the extent feasible, provide such information as may be necessary to assist Federal agencies with procurement of items containing recovered materials. The Secretary shall continue to cooperate with national standards-setting organizations, as may be necessary, to encourage the publication, promulgation and updating of standards for recovered materials and for the use of recovered materials in various industrial, commercial, and governmental uses.
(Pub. L. 89–272, title II, § 5002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2820; amended Pub. L. 96–482, § 21(a), Oct. 21, 1980, 94 Stat. 2346; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)
heading: Amendments
text: 1988—Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
1980—Pub. L. 96–482 substituted “September 1, 1979” for “October 21, 1976”.
42 U.S.C. § 6953 (THE PUBLIC HEALTH AND WELFARE)
§ 6953. Development of markets for recovered materials
The Secretary of Commerce shall within two years after September 1, 1979, take such actions as may be necessary to—
(1) identify the geographical location of existing or potential markets for recovered materials;
(2) identify the economic and technical barriers to the use of recovered materials; and
(3) encourage the development of new uses for recovered materials.
(Pub. L. 89–272, title II, § 5003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2821; amended Pub. L. 96–482, § 21(b), Oct. 21, 1980, 94 Stat. 2346.)
heading: Amendments
text: 1980—Pub. L. 96–482 substituted “September 1, 1979” for “October 21, 1976”.
42 U.S.C. § 6954 (THE PUBLIC HEALTH AND WELFARE)
§ 6954. Technology promotion
The Secretary of Commerce is authorized to evaluate the commercial feasibility of resource recovery facilities and to publish the results of such evaluation, and to develop a data base for purposes of assisting persons in choosing such a system.
(Pub. L. 89–272, title II, § 5004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2821.)
42 U.S.C. § 6955 (THE PUBLIC HEALTH AND WELFARE)
§ 6955. Marketing policies, establishment; nondiscrimination requirement
In establishing any policies which may affect the development of new markets for recovered materials and in making any determination concerning whether or not to impose monitoring or other controls on any marketing or transfer of recovered materials, the Secretary of Commerce may consider whether to establish the same or similar policies or impose the same or similar monitoring or other controls on virgin materials.
(Pub. L. 89–272, title II, § 5005, as added Pub. L. 96–482, § 21(c)(1), Oct. 21, 1980, 94 Stat. 2346.)
42 U.S.C. § 6956 (THE PUBLIC HEALTH AND WELFARE)
§ 6956. Authorization of appropriations
There are authorized to be appropriated to the Secretary of Commerce $5,000,000 for each of fiscal years 1980, 1981, and 1982 and $1,500,000 for each of the fiscal years 1985 through 1988 to carry out the purposes of this subchapter.
(Pub. L. 89–272, title II, § 5006, as added Pub. L. 96–482, § 31(f)(1), Oct. 21, 1980, 94 Stat. 2353; amended Pub. L. 98–616, § 2(h), Nov. 8, 1984, 98 Stat. 3223.)
heading: Amendments
text: 1984—Pub. L. 98–616 authorized appropriation of $1,500,000 for each of fiscal years 1985 through 1988.
42 U.S.C. § 6963 (THE PUBLIC HEALTH AND WELFARE)
§ 6963. Cooperation with Environmental Protection Agency
(a) General rule
All Federal agencies shall assist the Administrator in carrying out his functions under this chapter and shall promptly make available all requested information concerning past or present Agency waste management practices and past or present Agency owned, leased, or operated solid or hazardous waste facilities. This information shall be provided in such format as may be determined by the Administrator.
(b) Information relating to energy and materials conservation and recovery
The Administrator shall collect, maintain, and disseminate information concerning the market potential of energy and materials recovered from solid waste, including materials obtained through source separation, and information concerning the savings potential of conserving resources contributing to the waste stream. The Administrator shall identify the regions in which the increased substitution of such energy for energy derived from fossil fuels and other sources is most likely to be feasible, and provide information on the technical and economic aspects of developing integrated resource conservation or recovery systems which provide for the recovery of source-separated materials to be recycled or the conservation of resources. The Administrator shall utilize the authorities of subsection (a) of this section in carrying out this subsection.
(Pub. L. 89–272, title II, § 6003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 96–482, § 32(g), Oct. 21, 1980, 94 Stat. 2355.)
heading: Amendments
text: 1980—Pub. L. 96–482 designated existing provision as subsec. (a), substituted provision that information be provided in a format determined by the Administrator for provision that information be furnished on a reimbursable basis, and added subsec. (b).
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6965 (THE PUBLIC HEALTH AND WELFARE)
§ 6965. Chief Financial Officer report
The Chief Financial Officer of each affected agency shall submit to Congress an annual report containing, to the extent practicable, a detailed description of the compliance activities undertaken by the agency for mixed waste streams, and an accounting of the fines and penalties imposed on the agency for violations involving mixed waste.
(Pub. L. 102–386, title I, § 110, Oct. 6, 1992, 106 Stat. 1516.)
heading: Codification
text: Section was enacted as part of the Federal Facility Compliance Act of 1992, and not as part of the Solid Waste Disposal Act which comprises this chapter.
42 U.S.C. § 6966b (THE PUBLIC HEALTH AND WELFARE)
§ 6966b. Use of granular mine tailings
(a) Mine tailings
(1) In general
Not later than 180 days after August 10, 2005, the Administrator, in consultation with the Secretary of Transportation and heads of other Federal agencies, shall establish criteria (including an evaluation of whether to establish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as “chat”, for—
(A) cement or concrete projects; and
(B) transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds.
(2) Requirements
In establishing criteria under paragraph (1), the Administrator shall consider—
(A) the current and previous uses of granular mine tailings as an aggregate for asphalt; and
(B) any environmental and public health risks and benefits derived from the removal, transportation, and use in transportation projects of granular mine tailings.
(3) Public participation
In establishing the criteria under paragraph (1), the Administrator shall solicit and consider comments from the public.
(4) Applicability of criteria
On the establishment of the criteria under paragraph (1), any use of the granular mine tailings described in paragraph (1) in a transportation project that is carried out, in whole or in part, using Federal funds, shall meet the criteria established under paragraph (1).
(b) Effect of sections
Nothing in this section or section 6966a of this title affects any requirement of any law (including a regulation) in effect on August 10, 2005.
(Pub. L. 89–272, title II, § 6006, as added Pub. L. 109–59, title VI, § 6018(a), Aug. 10, 2005, 119 Stat. 1890.)
heading: References in Text
text: Section 6966a of this title, referred to in subsec. (b), was in the original “section 6005” meaning section 6005 of Pub. L. 89–272, which was translated as meaning the section 6005 of Pub. L. 89–272 as added by section 6017(a) of Pub. L. 109–59, to reflect the probable intent of Congress.
42 U.S.C. § 6974 (THE PUBLIC HEALTH AND WELFARE)
§ 6974. Petition for regulations; public participation
(a) Petition
Any person may petition the Administrator for the promulgation, amendment, or repeal of any regulation under this chapter. Within a reasonable time following receipt of such petition, the Administrator shall take action with respect to such petition and shall publish notice of such action in the Federal Register, together with the reasons therefor.
(b) Public participation
(1) Public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish minimum guidelines for public participation in such processes.
(2) Before the issuing of a permit to any person with any respect to any facility for the treatment, storage, or disposal of hazardous wastes under section 6925 of this title, the Administrator shall—
(A) cause to be published in major local newspapers of general circulation and broadcast over local radio stations notice of the agency’s intention to issue such permit, and
(B) transmit in writing notice of the agency’s intention to issue such permit to each unit of local government having jurisdiction over the area in which such facility is proposed to be located and to each State agency having any authority under State law with respect to the construction or operation of such facility.
If within 45 days the Administrator receives written notice of opposition to the agency’s intention to issue such permit and a request for a hearing, or if the Administrator determines on his own initiative, he shall hold an informal public hearing (including an opportunity for presentation of written and oral views) on whether he should issue a permit for the proposed facility. Whenever possible the Administrator shall schedule such hearing at a location convenient to the nearest population center to such proposed facility and give notice in the aforementioned manner of the date, time, and subject matter of such hearing. No State program which provides for the issuance of permits referred to in this paragraph may be authorized by the Administrator under section 6926 of this title unless such program provides for the notice and hearing required by the paragraph.
(Pub. L. 89–272, title II, § 7004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 96–482, § 26, Oct. 21, 1980, 94 Stat. 2348.)
heading: Amendments
text: 1980—Subsec. (b). Pub. L. 96–482 designated existing provisions as par. (1) and added par. (2).
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6975 (THE PUBLIC HEALTH AND WELFARE)
§ 6975. Separability
If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby.
(Pub. L. 89–272, title II, § 7005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2827.)
42 U.S.C. § 6978 (THE PUBLIC HEALTH AND WELFARE)
§ 6978. Payments
(a) General rule
Payments of grants under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Administrator may determine.
(b) Prohibition
No grant may be made under this chapter to any private profitmaking organization.
(Pub. L. 89–272, title II, § 7008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2828.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3258 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6979 (THE PUBLIC HEALTH AND WELFARE)
§ 6979. Labor standards
No grant for a project of construction under this chapter shall be made unless the Administrator 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 sections 3141–3144, 3146, and 3147 of title 40, 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 those sections; 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) and section 3145 of title 40.
(Pub. L. 89–272, title II, § 7009, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2828; amended Pub. L. 96–482, § 28, Oct. 21, 1980, 94 Stat. 2349.)
heading: References in Text
text: Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Codification
text: In text, “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)”, “those sections” substituted for “that Act”, and “section 3145 of title 40” substituted for “section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)”, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3256 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.
heading: Amendments
text: 1980—Pub. L. 96–482 substituted “Administrator” for “Secretary”.
42 U.S.C. § 6979a (THE PUBLIC HEALTH AND WELFARE)
§ 6979a. Transferred
heading: Codification
text: Section, Pub. L. 89–272, title II, § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; Pub. L. 99–339, title II, § 201(c)(1), June 19, 1986, 100 Stat. 654, relating to interim control of hazardous waste injection, was renumbered section 3020 of Pub. L. 89–272 by Pub. L. 99–339, title II, § 201(c)(2), June 19, 1986, 100 Stat. 654, and transferred to section 6939b of this title.
42 U.S.C. § 6979b (THE PUBLIC HEALTH AND WELFARE)
§ 6979b. Law enforcement authority
The Attorney General of the United States shall, at the request of the Administrator and on the basis of a showing of need, deputize qualified employees of the Environmental Protection Agency to serve as special deputy United States marshals in criminal investigations with respect to violations of the criminal provisions of this chapter.
(Pub. L. 89–272, title II, § 7010, formerly § 7012, as added Pub. L. 98–616, title IV, § 403(b)(1), Nov. 8, 1984, 98 Stat. 3272; renumbered § 7010, Pub. L. 99–339, title II, § 201(c)(2), June 19, 1986, 100 Stat. 654.)
heading: Prior Provisions
text: A prior section 7010 of Pub. L. 89–272, which was classified to section 6979a of this title, was renumbered section 3020 and transferred to section 6939b of this title.
42 U.S.C. § 6987 (THE PUBLIC HEALTH AND WELFARE)
§ 6987. Authorization of appropriations
There are authorized to be appropriated not to exceed $35,000,000 for the fiscal year 1978 to carry out the purposes of this subchapter (except for section 6982 of this title).
(Pub. L. 89–272, title II, § 8007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2839.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3259 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.
42 U.S.C. § 6991g (THE PUBLIC HEALTH AND WELFARE)
§ 6991g. State authority
Nothing in this subchapter shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance respecting underground storage tanks that is more stringent than a regulation, requirement, or standard of performance in effect under this subchapter or to impose any additional liability with respect to the release of regulated substances within such State or political subdivision.
(Pub. L. 89–272, title II, § 9008, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3286; amended Pub. L. 99–499, title II, § 205(g), Oct. 17, 1986, 100 Stat. 1702.)
heading: Amendments
text: 1986—Pub. L. 99–499 amended section generally. Prior to amendment, section read as follows: “Nothing in this subchapter shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement or standard of performance respecting underground storage tanks that is more stringent than a regulation, requirement, or standard of performance in effect under this subchapter.”
42 U.S.C. § 6991j (THE PUBLIC HEALTH AND WELFARE)
§ 6991j. Use of funds for release prevention and compliance
Funds made available under section 6991m(2)(D) of this title from the Trust Fund may be used to conduct inspections, issue orders, or bring actions under this subchapter—
(1) by a State, in accordance with a grant or cooperative agreement with the Administrator, of 1 State regulations pertaining to underground storage tanks regulated under this subchapter; and
(2) by the Administrator, for tanks regulated under this subchapter (including under a State program approved under section 6991c of this title).
(Pub. L. 89–272, title II, § 9011, as added Pub. L. 109–58, title XV, § 1526(a), Aug. 8, 2005, 119 Stat. 1097.)
42 U.S.C. § 6991l (THE PUBLIC HEALTH AND WELFARE)
§ 6991l. Tanks on tribal lands
(a) Strategy
The Administrator, in coordination with Indian tribes, shall, not later than 1 year after August 8, 2005, develop and implement a strategy—
(1) giving priority to releases that present the greatest threat to human health or the environment, to take necessary corrective action in response to releases from leaking underground storage tanks located wholly within the boundaries of—
(A) an Indian reservation; or
(B) any other area under the jurisdiction of an Indian tribe; and
(2) to implement and enforce requirements concerning underground storage tanks located wholly within the boundaries of—
(A) an Indian reservation; or
(B) any other area under the jurisdiction of an Indian tribe.
(b) Report
Not later than 2 years after August 8, 2005, the Administrator shall submit to Congress a report that summarizes the status of implementation and enforcement of this subchapter in areas located wholly within—
(1) the boundaries of Indian reservations; and
(2) any other areas under the jurisdiction of an Indian tribe.
The Administrator shall make the report under this subsection available to the public.
(c) Not a safe harbor
This section does not relieve any person from any obligation or requirement under this subchapter.
(d) State authority
Nothing in this section applies to any underground storage tank that is located in an area under the jurisdiction of a State, or that is subject to regulation by a State, as of August 8, 2005.
(Pub. L. 89–272, title II, § 9013, as added Pub. L. 109–58, title XV, § 1529(a), Aug. 8, 2005, 119 Stat. 1101.)