Resource Conservation and Recovery Act of 1976 Public Law 94-580 94th Congress An Act To provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE Oct. 21, 1976 [S. 2150] Resource Recovery Act of SECTION 1. This Act may be cited as the "Resource Conservation and 42 USC 6901 Recovery Act of 1976". AMENDMENT OF SOLID WASTE DISPOSAL ACT SEC. 2. The Solid Waste Disposal Act (42 U.S.C. 3251 and following) is amended to read as follows: "TITLE II-SOLID WASTE DISPOSAL "Subtitle A-General Provisions "SHORT TITLE AND TABLE OF CONTENTS note. "SEC. 1001. This title (hereinafter in this title referred to as 'this 42 USC 6901 Act'), together with the following table of contents, may be cited as the note. 'Solid Waste Disposal Act': "Subtitle A-General Provisions "Sec. 1001. Short title and table of contents. "Sec. 1002. Congressional findings. "Sec. 1003. Objectives. "Sec. 1004. Definitions. "Sec. 1005. Governmental cooperation. "Sec. 1006. Application of Act and integration with other Acts. "Sec. 1007. Financial disclosure. "Sec. 1008. Solid waste management information and guidelines. "Subtitle B-Office of Solid Waste; Authorities of the Administrator "Sec. 2001. Office of Solid Waste. "Sec. 2002. Authorities of Administrator. "Sec. 2003. Resource recovery and conservation panels. "Sec. 2004. Grants for discarded tire disposal. "Sec. 2005. Annual report. "Sec. 2006. General authorization. "Subtitle C-Hazardous Waste Management "Sec. 3001. Identification and listing of hazardous waste. "Sec. 3002. Standards applicable to generators of hazardous waste. "Sec. 3003. Standards applicable to transporters of hazardous waste. "Sec. 3004. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities. "Sec. 3005. Permits for treatment, storage, or disposal of hazardous waste. "Sec. 3006. Authorized State hazardous waste programs. "Sec. 3007. Inspections. 90 STAT. 2796 42 USC 6901. PUBLIC LAW 94-580-OCT. 21, 1976 "Subtitle C--Hazardous Waste Management-Continued "Sec. 3008. Federal enforcement. "Sec. 3009. Retention of State authority. "Sec. 3010. Effective date. "Sec. 3011. Authorization of assistance to States. "Subtitle D-State or Regional Solid Waste Plans "Sec. 4001. Objectives of subtitle. "Sec. 4002. Federal guidelines for plans. "Sec. 4003. Minimum requirements for approval of plans. "Sec. 4004. Criteria for sanitary landfills; sanitary landfills required for all disposal. "Sec. 4005. Upgrading of open dumps. "Sec. 4006. Procedure for development and implementation of State plan. "Sec. 4007. Approval of State plan; Federal assistance. "Sec. 4008. Federal assistance. "Sec. 4009. Rural communities assistance. "Subtitle E-Duties of the Secretary of Commerce in Resource and Recovery "Sec. 5001. Functions. "Sec. 5002. Development of specifications for secondary materials. "Sec. 5003. Development of markets for recovered materials. "Sec. 5004. Technology promotion. "Subtitle F-Federal Responsibilities "Sec. 6001. Application of Federal, State, and local law to Federal facilities. "Sec. 6002. Federal procurement. "Sec. 6003. Cooperation with Environmental Protection Agency. "Sec. 6004. Applicability of solid waste disposal guidelines to executive agencies. "Subtitle G-Miscellaneous Provisions "Sec. 7001. Employee protection. "Sec. 7002. Citizen suits. "Sec. 7003. Imminent hazard. "Sec. 7004. Petition for regulations; public participation. "Sec. 7005. Separability. "Sec. 7006. Judicial review. "Sec. 7007. Grants or contracts for training projects. "Sec. 7008. Payments. "Sec. 7009. Labor standards. "Subtitle H-Research, Development, Demonstration, and Information "Sec. 8001. Research, demonstrations, training, and other activities. "Sec. 8002. Special studies; plans for research, development, and demonstrations. "Sec. 8205. Special study and demonstration projects on recovery of useful "Sec. 8006. Grants for resource recovery systems and improved solid waste disposal facilities. "Sec. 8007. Authorization of appropriations. "CONGRESSIONAL FINDINGS "SEC. 1002. (a) SOLID WASTE.-The Congress finds with respect to solid waste "(1) that the continuing technological progress and improve ment in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; "(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet PUBLIC LAW 94-580–OCT. 21, 1976 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 expanding metropolitan and other urban areas has presented these communities 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 while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. "(b) ENVIRONMENT AND HEALTH.-The Congress finds with respect to the environment and health, that— "(1) although land is too valuable a national resource to be needlessly polluted by discarded materials, most solid waste is disposed of on land in open dumps and sanitary landfills; "(2) disposal of solid waste and hazardous waste in or on the land without careful planning and management can present a danger to human health and the environment; "(3) as a result of the Clean Air Act, the Water Pollution Control Act, and other Federal and State laws respecting public health and the environment, greater amounts of solid waste (in the form of sludge and other pollution treatment residues) have been created. Similarly, inadequate and environmentally unsound practices for the disposal or use of solid waste have created greater amounts of air and water pollution and other problems for the environment and for health; "(4) open dumping is particularly harmful to health, contaminates drinking water from underground and surface supplies, and pollutes the air and the land; “(5) hazardous waste presents, in addition to the problems associated with non-hazardous solid waste, special dangers to health and requires a greater degree of regulation than does non-hazardous solid waste; and "(6) alternatives to existing methods of land disposal must be developed since many of the cities in the United States will be running out of suitable solid waste disposal sites within five years unless immediate action is taken; (c) MATERIALS.-The Congress finds with respect to materials, that "(1) millions of tons of recoverable material which could be used are needlessly buried each year; "(2) methods are available to separate usable materials from solid waste; and "(3) the recovery and conservation of such materials can reduce the dependence of the United States on foreign resources and reduce the deficit in its balance of payments. 90 STAT. 2798 42 USC 6902. 42 USC 6903. PUBLIC LAW 94-580-OCT. 21, 1976 "(d) ENERGY.-The Congress finds with respect to energy, that"(1) solid waste represents a potential source of solid fuel, oil, or gas that can be converted into energy; "(2) the need exists to develop alternative energy sources for public and private consumption in order to reduce our dependence on such sources as petroleum products, natural gas, nuclear and hydroelectric generation; and "(3) technology exists to produce usable energy from solid waste. "OBJECTIVES "SEC. 1003. The objectives of this Act are to promote the protection of health and the environment and to conserve valuable material and energy resources by "(1) providing technical and financial assistance to State and local governments and interstate agencies for the development of solid waste management plans (including resource recovery and resource conservation systems) which will promote improved solid waste management techniques (including more effective organizational arrangements), new and improved methods of collection, separation, and recovery of solid waste, and the environmentally safe disposal of nonrecoverable residues; "(2) providing training grants in occupations involving the design, operation, and maintenance of solid waste disposal systems; "(3) prohibiting future open dumping on the land and requiring the conversion of existing open dumps to facilities which do not pose a danger to the environment or to health; "(4) regulating the treatment, storage, transportation, and disposal of hazardous wastes which have adverse effects on health and the environment; "(5) providing for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal practices and systems; "(6) promoting a national research and development program for improved solid waste management and resource conservation techniques, more effective organizational arrangements, and new and improved methods of collection, separation, and recovery, and recycling of solid wastes and environmentally safe disposal of nonrecoverable residues; "(7) promoting the demonstration, construction, and application of solid waste management, resource recovery, and resource conservation systems which preserve and enhance the quality of air, water, and land resources; and "(8) establishing a cooperative effort among the Federal, State, and local governments and private enterprise in order to recover valuable materials and energy from solid waste. "DEFINITIONS "SEC. 1004. As used in this Act: "(1) The term 'Administrator' means the Administrator of the Environmental Protection Agency. "(2) The term 'construction,' with respect to any project of construction under this Act, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization. PUBLIC LAW 94-580-OCT. 21, 1976 or extension of existing structures, and (B) the acquisition and instal- 66 "(3) The term 'disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. "(4) The term 'Federal agency' means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office. "(5) The term 'hazardous waste' means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or "(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "(6) The term hazardous waste generation' means the act or process of producing hazardous waste. (7) The term 'hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. "(8) For purposes of Federal financial assistance (other than rural communities assistance), the term 'implementation' does not include the acquisition, leasing, construction, or modification of facilities or equipment or the acquisition, leasing, or improvement of land. "(9) The term 'intermunicipal agency' means an agency established by two or more municipalities with responsibility for planning or administration of solid waste. 90 STAT. 2799 Post, p. 2813. "(10) The term 'interstate agency' means an agency of two or more municipalities in different States, or an agency established by two or more States, with authority to provide for the management of solid wastes and serving two or more municipalities located in different States. "(11) The term 'long-term contract' means, when used in relation to solid waste supply, a contract of sufficient duration to assure the |