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90 STAT. 2800

PUBLIC LAW 94—580—OCT. 21, 1976

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viability of a l'esource recovery facility (to the extent that such viability depends upon solid waste supply).

"(12) The term 'manifest' means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

“(13) The term 'municipality' (A) means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law, with responsibility for the planning or administration of solid waste management, or an Indian tribe or authorized tribal organization or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof.

“(14) The terın 'open dump' means a site for the disposal of solid waste which is not a sanitary landfill within the meaning of section 4004.

"(15) The term “person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body

"(16) The term 'procurement item' means any device, good, substance, material, product, or other item whether real or personal property which is the subject of any purchase, barter, or other exchange made to procure such item.

"(17) The term 'procuring agency' means any Federal agency, or any State agency or agency of a political subdivision of a State which is using appropriated Federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract.

“(18) The term 'recoverable' refers to the capability and likelihood of being recovered from solid waste for a commercial or industrial use.

“ (19) The term 'recovered material' means material which has been collected or recovered from solid waste.

“(20) The term 'recovered resources' means material or energy recovered from solid waste.

“(21) The term ‘resource conservation' means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources.

“(22) The term 'resource recovery' means the recovery of material or energy from solid waste.

“(23) The term 'resource recovery system' means a solid waste management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues.

“(24) The term 'resource recovery facility' means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for

“(25) The term “regional authority' means the authority established or designated under section 4006.

"(26) The term 'sanitary landfill' means a facility for the disposal of solid waste which meets the criteria published under section 4004.

“(264) The term 'sludge' means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control

reuse.

Posh p. 2816.

facility or any other such waste having similar characteristics and etfects.

"(27) The term 'solid waste' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 102 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or byproduct material as 33 USC 1342. defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). 42 USC 2011

* (28) The term “solid waste management means the systematic note. administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste. "(29) The term 'solid waste management facility' includes-

"(A) any resource recovery system or component thereof,

"(B) any system, program, or facility for resource conservation, and

"(C) any facility for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid wastes, including hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise.

*(30) The terms 'solid waste planning', ‘solid waste management', and comprehensive planning include planning or management respecting resource recovery and resource conservation.

"(31) The term •State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

"(32) The term •State authority' means the agency established or designated under section 4007.

Post, p. 2817. “ (33) The term 'storage', when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

*(34) The term 'treatment', when used in connection with hazardous waste, means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.

“ (35) The term 'virgin material' means a raw material, including previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials.

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"Sec. 1005. (a) INTERSTATE COOPERATION.- The provisions of this 42 USC 6904. Act to be carried out by States may be carried out by interstate agencies and provisions applicable to States may apply to interstate regions where such agencies and regions have been established by the respective

90 STAT. 2802

PUBLIC LAW 94-580-OCT. 21, 1976

States and approved by the Administrator. In any such case, action required to be taken by the Governor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective States with respect to so much of the interstate region as is within the jurisdiction of that State.

“(b) Consent of CONGRESS TO COMPACTS.—The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for

“(1) cooperative effort and mutual assistance for the management of solid waste or hazardous waste (or both) and the enforcement of their respective laws relating thereto, and

“(2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreemerts

or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless it is agreed upon by all parties to the agreement and until it has been approved by the Administrator and the Congress.

"APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS

42 USC 6905.

33 USC 1251 note.

"Sec. 1006. (a) APPLICATION OF Act.—Nothing in this Act shall be construed to apply to (or to authorize any State, interstate, or local authority to regulate) any activity or substance which is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151 and following), the Safe Drinking Water Act (42 U.S.C. 300f and following), u.e Marine Protection, Research and Sanctuaries Act of 1972 (33 L.S.C. 1401 and following), or the Atomic Energy Act of 1954 (42 C.S.C. 2011 and following) except to the extent that such application (or regulation) is not inconsistent with the requirements of such Acts.

"(b) INTEGRATION With OTHER ACTS.—'Ï'he Administrator shall integrate all provisions of this Act for purposes of administration and enforcement and shall avoid duplication, to the maximum extent praeticable, with the appropriate provisions of the Clean Air Act (+2 U.S.C. 1857 and following), the Federal Water Pollution Control ict (33 C.S.C. 1151 and following), the Federal Insecticide, Fungicide, and Rodenticide Act (7 C.S.C. 135 and following), the Safe Drinking Water Act (42 U.S.C. 300f and following), the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following) and such other Acts of Congress as grant regulatory authority to the Administrator. Such integration shall be etfected only to the extent that it can be done in a manner consistent with the goals and policies expressed in this Act and in the other acts referred to in this subsection.

33 USC 1251 note.

42 USC 6906.

"FINANCIAL DISCLOSURE “Sec. 1007. (a) STATEMENT.-Each officer or employee of the Administrator who

“(1) performs any function or duty under this Act; and

“(2) has any known financial interest in any person who

applies for or receives financial assistance under this Act shall, beginning on February 1, 1977, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.

PUBLIC LAW 94-580-OCT. 21, 1976

90 STAT. 2803

“(b) ACTION BY ADMINISTRATOR.—The Administrator shall

“(1) act within ninety days after the date of enactment of this Act

“(A) to define the term 'known financial interest' for purposes of subsection (a) of this section; and

"(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such

statements; and “(2) report to the Congress on June 1, 1978, and of each suc- Report to ceeding calendar year with respect to such disclosures and the Congress. actions taken in regard thereto during the preceding calendar

year. "(c) EXEMPTION.- In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions within the Environmental Protection Agency which are of a nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

"(d) PENALTY.-Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both.

SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES

“Sec. 1008. (a) GUIDELINES.—Within one year of enactment of this 42 USC 6907. section, and from time to time thereafter, the Administrator shall, in cooperation with appropriate Federal, State, municipal, and intermunicipal agencies, and in consultation with other interested persons, and after public hearings, develop and publish suggested guidelines for solid waste management. Such suggested guidelines shall

“(1) provide a technical and economic description of the level of performance that can be attained by various available solid waste management practices (including operating practices) which provide for the protection of public health and the environment;

“(2) not later than two years after the enactment of this section, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for (A) protection of public health and welfare; (B) protection of the quality of ground waters and surface waters from leachates; (C) protection of the quality of surface waters from runoff through compliance with effluent limitations under the Federal Water Pollution Control Act, as amended; (D) protection of ambient 33 USC 1251 air quality through compliance with new source performance note. standards or requirements of air quality implementation plans under the Clean Air Act, as amended; (E) disease and vector 42 USC 1857 control; (F) safety; and (G) esthetics; and

“(3) provide minimum criteria to be used by the States to Minimum criteria define those solid waste management practices which constitute of management the open dumping of solid waste or hazardous waste and are to be practices.

prohibited under subtitle Dof this Act. Where appropriate, such suggested guidelines also shall include minimum information for use in deciding the adequate location, design, and construction of facilities associated with solid waste inanagement

note.

90 STAT. 2804

PUBLIC LAW 94-580—OCT. 21, 1976

Notification to congressional committees.

practices, including the consideration of regional, geographic, demographic, and climatic factors.

"7b) NOTICE.-The Administrator shall notify the Committee on Public Works of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives a reasonable time before publishing any suggested guidelines or proposed regulations under this Act, of the content of such proposed suggested guidelines or proposed regulations under this Act.

"Subtitle B-Office of Solid Waste; Authorities

of the Administrator

“OFFICE OF SOLID WASTE

Establishment. 42 USC 6911

“Sec. 2001. The Administrator shall establish within the Environmental Protection Agency an Office of Solid Waste (hereinafter referred to as the 'Office') to be headed by a Deputy Assistant Administrator of the Environmental Protection Agency. The duties and responsibilities (other than duties and responsibilities relating to research and development) of the Administrator under this Act (as modified by applicable reorganization plans) shall be carried out through the Office.

“AUTHORITIES OF ADMINISTRATOR

42 USC 6912.

66

“Sec. 2002. (a) AUTHORITIES.—In carrying out this Act, the Administrator is authorized to

“(1) prescribe, in consultation with Federal, State, and regional authorities, such regulations as are necessary to carry out his functions under this Act;

“(2) consult with or exchange information with other Federal agencies undertaking research, developinent, demonstration proj. ects, studies, or investigations relating to solid waste;

“(3) provide technical and financial assistance to States or regional agencies in the development and implementation of solid waste plans and hazardous waste management programs;

“(4) consult with representatives of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as he deems advisable; and

“(5) utilize the information, facilities, personnel and other resources of Federal agencies, including the National Bureau of Standards and the National Bureau of the Census, on a reimbursable basis, to perform research and analyses and conduct studies and investigations related to resource recovery and conservation and to otherwise carry out the Administrator's functions under

this Act. “(b) REVISION OF REGULATION8.-Each regulation promulgated under this Act shall be reviewed and, where necessary, revised not less frequently than every three years.

“RESOURCE RECOVERY AND CONSERVATION PANELS

Technical assistance by personnel teams. 42 USC 6913.

“Sec. 2003. The Administrator shall provide teams of personnel, including Federal, State, and local employees or contractors (hereinafter referred to as 'Resource Conservation and Recovery Panels') to provide Federal agencies, States and local governments upon request with technical assistance on solid waste management, resource recovery, and resource conservation. Such teams shall include technical, marketing,

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