dreamproit/uscode huggingface dataset:
42 U.S.C. § 6914b (THE PUBLIC HEALTH AND WELFARE)
§ 6914b. Degradable plastic ring carriers; definitions
As used in this title—
(1) the term “regulated item” means any plastic ring carrier device that contains at least one hole greater than 1¾ inches in diameter which is made, used, or designed for the purpose of packaging, transporting, or carrying multipackaged cans or bottles, and which is of a size, shape, design, or type capable, when discarded, of becoming entangled with fish or wildlife; and
(2) the term “naturally degradable material” means a material which, when discarded, will be reduced to environmentally benign subunits under the action of normal environmental forces, such as, among others, biological decomposition, photodegradation, or hydrolysis.
(Pub. L. 100–556, title I, § 102, Oct. 28, 1988, 102 Stat. 2779.)
heading: References in Text
text: This title, referred to in text, is title I of Pub. L. 100–556, Oct. 28, 1988, 102 Stat. 2779, which enacted sections 6914b and 6914b–1 of this title, and provisions set out as a note under section 6914b of this title. For complete classification of this title to the Code, see Tables.
heading: Codification
text: Section was not enacted as part of the Solid Waste Disposal Act which comprises this chapter.
heading: Congressional Findings
text: Pub. L. 100–556, title I, § 101, Oct. 28, 1988, 102 Stat. 2779, provided that:
“The Congress finds that—
“(1) plastic ring carrier devices have been found in large quantities in the marine environment;
“(2) fish and wildlife have been known to have become entangled in plastic ring carriers;
“(3) nondegradable plastic ring carrier devices can remain intact in the marine environment for decades, posing a threat to fish and wildlife; and
“(4) 16 States have enacted laws requiring that plastic ring carrier devices be made from degradable material in order to reduce litter and to protect fish and wildlife.”
42 U.S.C. § 6914b–1 (THE PUBLIC HEALTH AND WELFARE)
§ 6914b–1. Regulation of plastic ring carriers
Not later than 24 months after October 28, 1988 (unless the Administrator of the Environmental Protection Agency determines that it is not feasible or that the byproducts of degradable regulated items present a greater threat to the environment than nondegradable regulated items), the Administrator of the Environmental Protection Agency shall require, by regulation, that any regulated item intended for use in the United States shall be made of naturally degradable material which, when discarded, decomposes within a period established by such regulation. The period within which decomposition must occur after being discarded shall be the shortest period of time consistent with the intended use of the item and the physical integrity required for such use. Such regulation shall allow a reasonable time for affected parties to come into compliance, including the use of existing inventories.
(Pub. L. 100–556, title I, § 103, Oct. 28, 1988, 102 Stat. 2779.)
heading: Codification
text: Section was not enacted as part of the Solid Waste Disposal Act which comprises this chapter.
42 U.S.C. § 6915 (THE PUBLIC HEALTH AND WELFARE)
§ 6915. Annual report
The Administrator shall transmit to the Congress and the President, not later than ninety days after the end of each fiscal year, a comprehensive and detailed report on all activities of the Office during the preceding fiscal year. Each such report shall include—
(1) a statement of specific and detailed objectives for the activities and programs conducted and assisted under this chapter;
(2) statements of the Administrator’s conclusions as to the effectiveness of such activities and programs in meeting the stated objectives and the purposes of this chapter, measured through the end of such fiscal year;
(3) a summary of outstanding solid waste problems confronting the Administrator, in order of priority;
(4) recommendations with respect to such legislation which the Administrator deems necessary or desirable to assist in solving problems respecting solid waste;
(5) all other information required to be submitted to the Congress pursuant to any other provision of this chapter; and
(6) the Administrator’s plans for activities and programs respecting solid waste during the next fiscal year.
(Pub. L. 89–272, title II, § 2006, formerly § 2005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2805, and renumbered Pub. L. 96–463, § 4(a), Oct. 15, 1980, 94 Stat. 2056; amended Pub. L. 98–616, title V, § 502(b), Nov. 8, 1984, 98 Stat. 3276.)
heading: Prior Provisions
text: A prior section 2006 of Pub. L. 89–272 was renumbered section 2007 and is classified to section 6916 of this title.
heading: Amendments
text: 1984—Par. (1). Pub. L. 98–616 substituted “detailed” for “detail”.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of this section relating to transmittal of annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 19th item on page 164 of House Document No. 103–7.
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. § 6917 (THE PUBLIC HEALTH AND WELFARE)
§ 6917. Office of Ombudsman
(a) Establishment; functions
The Administrator shall establish an Office of Ombudsman, to be directed by an Ombudsman. It shall be the function of the Office of Ombudsman to receive individual complaints, grievances, requests for information submitted by any person with respect to any program or requirement under this chapter.
(b) Authority to render assistance
The Ombudsman shall render assistance with respect to the complaints, grievances, and requests submitted to the Office of Ombudsman, and shall make appropriate recommendations to the Administrator.
(c) Effect on procedures for grievances, appeals, or administrative matters
The establishment of the Office of Ombudsman shall not affect any procedures for grievances, appeals, or administrative matters in any other provision of this chapter, any other provision of law, or any Federal regulation.
(d) Termination
The Office of the Ombudsman shall cease to exist 4 years after November 8, 1984.
(Pub. L. 89–272, title II, § 2008, as added Pub. L. 98–616, title I, § 103(a), Nov. 8, 1984, 98 Stat. 3225.)
42 U.S.C. § 6929 (THE PUBLIC HEALTH AND WELFARE)
§ 6929. Retention of State authority
Upon the effective date of regulations under this subchapter no State or political subdivision may impose any requirements less stringent than those authorized under this subchapter respecting the same matter as governed by such regulations, except that if application of a regulation with respect to any matter under this subchapter is postponed or enjoined by the action of any court, no State or political subdivision shall be prohibited from acting with respect to the same aspect of such matter until such time as such regulation takes effect. Nothing in this chapter shall be construed to prohibit any State or political subdivision thereof from imposing any requirements, including those for site selection, which are more stringent than those imposed by such regulations. Nothing in this chapter (or in any regulation adopted under this chapter) shall be construed to prohibit any State from requiring that the State be provided with a copy of each manifest used in connection with hazardous waste which is generated within that State or transported to a treatment, storage, or disposal facility within that State.
(Pub. L. 89–272, title II, § 3009, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, § 14, Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98–616, title II, § 213(b), Nov. 8, 1984, 98 Stat. 3242.)
heading: Amendments
text: 1984—Pub. L. 98–616 inserted “Nothing in this chapter (or in any regulation adopted under this chapter) shall be construed to prohibit any State from requiring that the State be provided with a copy of each manifest used in connection with hazardous waste which is generated within that State or transported to a treatment, storage, or disposal facility within that State.”
1980—Pub. L. 96–482 prohibited construction of this chapter as barring a State from imposing more stringent requirements than provided in Federal regulations.
42 U.S.C. § 6931 (THE PUBLIC HEALTH AND WELFARE)
§ 6931. Authorization of assistance to States
(a) Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979 1 $20,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988 to be used to make grants to the States for purposes of assisting the States in the development and implementation of authorized State hazardous waste programs.
(b) Allocation
Amounts authorized to be appropriated under subsection (a) of this section shall be allocated among the States on the basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to which hazardous waste is generated, transported, treated, stored, and disposed of within such State, the extent of exposure of human beings and the environment within such State to such waste, and such other factors as the Administrator deems appropriate.
(c) Activities included
State hazardous waste programs for which grants may be made under subsection (a) of this section may include (but shall not be limited to) planning for hazardous waste treatment, storage and disposal facilities, and the development and execution of programs to protect health and the environment from inactive facilities which may contain hazardous waste.
(Pub. L. 89–272, title II, § 3011, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, §§ 16, 31(b), Oct. 21, 1980, 94 Stat. 2342, 2352; Pub. L. 98–616, § 2(b), Nov. 8, 1984, 98 Stat. 3222.)
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–616 substituted “$40,000,000 for fiscal year 1982, $55,000,000 for fiscal year 1985, $60,000,000 for fiscal year 1986, $60,000,000 for fiscal year 1987, and $60,000,000 for fiscal year 1988” for “and $40,000,000 for fiscal year 1982”.
1980—Subsec. (a). Pub. L. 96–482, § 31(b), authorized appropriation of $20,000,000, $35,000,000, and $40,000,000 for fiscal years 1980, 1981, and 1982, respectively.
Subsec. (c). Pub. L. 96–482, § 16, added subsec. (c).
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. § 6932 (THE PUBLIC HEALTH AND WELFARE)
§ 6932. Transferred
heading: Codification
text: Section, Pub. L. 89–272, title II, § 3012, as added Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, was redesignated section 3014 of Pub. L. 89–272 by Pub. L. 98–616, title V, § 502(g)(1), Nov. 8, 1984, 98 Stat. 3277, and was transferred to section 6935 of this title.
42 U.S.C. § 6936 (THE PUBLIC HEALTH AND WELFARE)
§ 6936. Expansion during interim status
(a) Waste piles
The owner or operator of a waste pile qualifying for the authorization to operate under section 6925(e) of this title shall be subject to the same requirements for liners and leachate collection systems or equivalent protection provided in regulations promulgated by the Administrator under section 6924 of this title before October 1, 1982, or revised under section 6924(o) of this title (relating to minimum technological requirements), for new facilities receiving individual permits under subsection (c) of section 6925 of this title, with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under section 6925 of this title, and with respect to waste received beginning six months after November 8, 1984.
(b) Landfills and surface impoundments
(1) The owner or operator of a landfill or surface impoundment qualifying for the authorization to operate under section 6925(e) of this title shall be subject to the requirements of section 6924(o) of this title (relating to minimum technological requirements), with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under this section, and with respect to waste received beginning 6 months after November 8, 1984.
(2) The owner or operator of each unit referred to in paragraph (1) shall notify the Administrator (or the State, if appropriate) at least sixty days prior to receiving waste. The Administrator (or the State) shall require the filing, within six months of receipt of such notice, of an application for a final determination regarding the issuance of a permit for each facility submitting such notice.
(3) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of this section and in good faith compliance with the Administrator’s regulations and guidance documents governing liners and leachate collection systems, no liner or leachate collection system which is different from that which was so installed pursuant to this section shall be required for such unit by the Administrator when issuing the first permit under section 6925 of this title to such facility, except that the Administrator shall not be precluded from requiring installation of a new liner when the Administrator has reason to believe that any liner installed pursuant to the requirements of this section is leaking. The Administrator may, under section 6924 of this title, amend the requirements for liners and leachate collection systems required under this section as may be necessary to provide additional protection for human health and the environment.
(Pub. L. 89–272, title II, § 3015, as added Pub. L. 98–616, title II, § 243(a), Nov. 8, 1984, 98 Stat. 3260.)
42 U.S.C. § 6939 (THE PUBLIC HEALTH AND WELFARE)
§ 6939. Domestic sewage
(a) Report
The Administrator shall, not later than 15 months after November 8, 1984, submit a report to the Congress concerning those substances identified or listed under section 6921 of this title which are not regulated under this subchapter by reason of the exclusion for mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works. Such report shall include the types, size and number of generators which dispose of such substances in this manner, the types and quantities disposed of in this manner, and the identification of significant generators, wastes, and waste constituents not regulated under existing Federal law or regulated in a manner sufficient to protect human health and the environment.
(b) Revisions of regulations
Within eighteen months after submitting the report specified in subsection (a) of this section, the Administrator shall revise existing regulations and promulgate such additional regulations pursuant to this subchapter (or any other authority of the Administrator, including section 1317 of title 33) as are necessary to assure that substances identified or listed under section 6921 of this title which pass through a sewer system to a publicly owned treatment works are adequately controlled to protect human health and the environment.
(c) Report on wastewater lagoons
The Administrator shall, within thirty-six months after November 8, 1984, submit a report to Congress concerning wastewater lagoons at publicly owned treatment works and their effect on groundwater quality. Such report shall include—
(1) the number and size of such lagoons;
(2) the types and quantities of waste contained in such lagoons;
(3) the extent to which such waste has been or may be released from such lagoons and contaminate ground water; and
(4) available alternatives for preventing or controlling such releases.
The Administrator may utilize the authority of sections 6927 and 6934 of this title for the purpose of completing such report.
(d) Application of sections 6927 and 6930
The provisions of sections 6927 and 6930 of this title shall apply to solid or dissolved materials in domestic sewage to the same extent and in the same manner as such provisions apply to hazardous waste.
(Pub. L. 89–272, title II, § 3018, as added Pub. L. 98–616, title II, § 246(a), Nov. 8, 1984, 98 Stat. 3264.)
42 U.S.C. § 6939d (THE PUBLIC HEALTH AND WELFARE)
§ 6939d. Public vessels
(a) Waste generated on public vessels
Any hazardous waste generated on a public vessel shall not be subject to the storage, manifest, inspection, or recordkeeping requirements of this chapter until such waste is transferred to a shore facility, unless—
(1) the waste is stored on the public vessel for more than 90 days after the public vessel is placed in reserve or is otherwise no longer in service; or
(2) the waste is transferred to another public vessel within the territorial waters of the United States and is stored on such vessel or another public vessel for more than 90 days after the date of transfer.
(b) Computation of storage period
For purposes of subsection (a) of this section, the 90-day period begins on the earlier of—
(1) the date on which the public vessel on which the waste was generated is placed in reserve or is otherwise no longer in service; or
(2) the date on which the waste is transferred from the public vessel on which the waste was generated to another public vessel within the territorial waters of the United States;
and continues, without interruption, as long as the waste is stored on the original public vessel (if in reserve or not in service) or another public vessel.
(c) Definitions
For purposes of this section:
(1) The term “public vessel” means a vessel owned or bareboat chartered and operated by the United States, or by a foreign nation, except when the vessel is engaged in commerce.
(2) The terms “in reserve” and “in service” have the meanings applicable to those terms under section 7293 and sections 7304 through 7308 of title 10 and regulations prescribed under those sections.
(d) Relationship to other law
Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 7311 of title 10.
(Pub. L. 89–272, title II, § 3022, as added Pub. L. 102–386, title I, § 106(a), Oct. 6, 1992, 106 Stat. 1513.)
42 U.S.C. § 6941 (THE PUBLIC HEALTH AND WELFARE)
§ 6941. Objectives of subchapter
The objectives of this subchapter are to assist in developing and encouraging methods for the disposal of solid waste which are environmentally sound and which maximize the utilization of valuable resources including energy and materials which are recoverable from solid waste and to encourage resource conservation. Such objectives are to be accomplished through Federal technical and financial assistance to States or regional authorities for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State, and local governments and private industry. In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs, including those needs created by thorough implementation of section 6962(h) of this title, of the recycling and resource recovery interest within the area encompassed by the planning process.
(Pub. L. 89–272, title II, § 4001, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96–482, § 32(b), Oct. 21, 1980, 94 Stat. 2353; Pub. L. 98–616, title III, § 301(a), title V, § 501(f)(1), Nov. 8, 1984, 98 Stat. 3267, 3276.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3254 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.
heading: Amendments
text: 1984—Pub. L. 98–616, § 501(f)(1), inserted “, including those needs created by thorough implementation of section 6962(h) of this title,”.
Pub. L. 98–616, § 301(a), inserted at end “In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.”
1980—Pub. L. 96–482 included as an objective in the disposal of solid waste the utilization of energy and materials recoverable from solid waste.
42 U.S.C. § 6941a (THE PUBLIC HEALTH AND WELFARE)
§ 6941a. Energy and materials conservation and recovery; Congressional findings
The Congress finds that—
(1) significant savings could be realized by conserving materials in order to reduce the volume or quantity of material which ultimately becomes waste;
(2) solid waste contains valuable energy and material resources which can be recovered and used thereby conserving increasingly scarce and expensive fossil fuels and virgin materials;
(3) the recovery of energy and materials from municipal waste, and the conservation of energy and materials contributing to such waste streams, can have the effect of reducing the volume of the municipal waste stream and the burden of disposing of increasing volumes of solid waste;
(4) the technology to conserve resources exists and is commercially feasible to apply;
(5) the technology to recover energy and materials from solid waste is of demonstrated commercial feasibility; and
(6) various communities throughout the nation have different needs and different potentials for conserving resources and for utilizing techniques for the recovery of energy and materials from waste, and Federal assistance in planning and implementing such energy and materials conservation and recovery programs should be available to all such communities on an equitable basis in relation to their needs and potential.
(Pub. L. 96–482, § 32(a), Oct. 21, 1980, 94 Stat. 2353.)
heading: Codification
text: Section was enacted as part of the Solid Waste Disposal Act Amendments of 1980, and not as part of the Solid Waste Disposal Act which comprises this chapter.