Pub. L. 91-512, tit. I, sec. 104

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 for84 Stat. 1229 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 (including Federal grunts, 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 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 demonstrate methods and techniques developed pursuant to subsection (a). “(c) Section 204 (b) and (c) shall lie 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 us 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 66⅔ per centum of the cost in the case of an application with respect to an area including only one municipality, mid 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 waste84 Stat. 1230 disposal areas and studies of the effect and relationship of solid waste disposal practices on areas adjacent to waste disposal sites, “(3) developing proposal 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; “(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) (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 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 lie more than 75 percent. “(c) (1) A grant under this section for the construction of a new or improved solid waste disposal facility may lie made only if— 84 Stat. 1231 “(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 lie 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; 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 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) (1) applies, the first-year Operation and maintenance costs; “(2) may not be provided for hind 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 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. 84 Stat. 1232 “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 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) (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. “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) (1) Subject to the profusions 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 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. 84 Stat. 1233 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 “Sec.211. (a) (1) 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 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 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 or 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 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 head-84 Stat. 1234ing 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.”