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Title 42 — The Public Health and Welfare

Chapter 82 — Solid Waste Disposal

§ 6907. Solid waste management information and guidelines

Statutory text

(a)

Guidelines

Within one year of , 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 , 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 [33 U.S.C. 1251 et seq.]; (D) protection of ambient air quality through compliance with new source performance standards or requirements of air quality implementation plans under the Clean Air Act, as amended [42 U.S.C. 7401 et seq.]; (E) disease and vector control; (F) safety; and (G) esthetics; and

(3)

provide minimum criteria to be used by the States to define those solid waste management practices which constitute the open dumping of solid waste or hazardous waste and are to be prohibited under subchapter IV of this chapter.

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

(b)

Notice

The Administrator shall notify the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a reasonable time before publishing any suggested guidelines or proposed regulations under this chapter of the content of such proposed suggested guidelines or proposed regulations under this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–272 title II § 1008 · 79 Stat. 992

    Enacted · 42 U.S.C. § 6907

    Pub. L. 89–272, title II, § 1008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2803

    Source evidence

    Code source credit
    Pub. L. 89–272, title II, § 1008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2803

  2. Pub. L. 95–609 § 7(c) · 92 Stat. 3079

    Substituted · 42 U.S.C. § 6907(a)(3)

    Pub. L. 95–609, § 7(c), substituted “subchapter IV of this chapter” for “title IV of this Act”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 95–609, § 7(c), substituted “subchapter IV of this chapter” for “title IV of this Act”.

    Enacted provision · exact public law section
    (c) Section 1008(a) (3) of the Solid Waste Disposal Act is amended 42 USC 6907. by striking out “title IV” and inserting in lieu thereof “subtitle D”.

  3. Pub. L. 95–609 § 7(d) · 92 Stat. 3079

    Struck and inserted · 42 U.S.C. § 6907(b)

    Pub. L. 95–609, § 7(d), struck out “pursuant to this section” after “any suggested guidelines” and inserted “or proposed regulations under this chapter” after “suggested guidelines” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–609, § 7(d), struck out “pursuant to this section” after “any suggested guidelines” and inserted “or proposed regulations under this chapter” after “suggested guidelines” in two places.

    Enacted provision · exact public law section
    (d) Section 1008(b) of the Solid Waste Disposal Act is amended by striking “, pursuant to this section” and by inserting after “suggested guidelines” each time it appears the phrase “or proposed regulations under this Act”.

  4. Pub. L. 103–437 § 15(r) · 108 Stat. 4581

    Substituted · 42 U.S.C. § 6907(b)

    Pub. L. 103–437 substituted “Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House” for “Committee on Public Works of the Senate and the Committee on Interstate and Foreign Commerce of the House”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–437 substituted “Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House” for “Committee on Public Works of the Senate and the Committee on Interstate and Foreign Commerce of the House”.

    Enacted provision · exact public law section
    (r) Section 1008(b) of the Solid Waste Disposal Act (42 U.S.C. 6907(b)) is amended by striking “Committee on Public Works of the Senate and the Committee on Interstate and Foreign Commerce of the House” and substituting “Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House”.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (a)(2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, , 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Clean Air Act, as amended, referred to in subsec. (a)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 3254c of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.

Amendments1978–1994 · 2 rounds

1994

Subsec. (b). Pub. L. 103–437 substituted “Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House” for “Committee on Public Works of the Senate and the Committee on Interstate and Foreign Commerce of the House”.

1978

Subsec. (a)(3). Pub. L. 95–609, § 7(c), substituted “subchapter IV of this chapter” for “title IV of this Act”.

Subsec. (b). Pub. L. 95–609, § 7(d), struck out “pursuant to this section” after “any suggested guidelines” and inserted “or proposed regulations under this chapter” after “suggested guidelines” in two places.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, .

Executive Documents

Transfer of Functions

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.

Credits

1976–1994 · 3 acts
  1. 1976Pub. L. 89–272, title II, § 1008, as added Pub. L. 94–580, § 2, , 90 Stat. 2803
  2. 1978amended Pub. L. 95–609, § 7(c), (d), , 92 Stat. 3081
  3. 1994Pub. L. 103–437, § 15(r), , 108 Stat. 4594.
Show as published

(Pub. L. 89–272, title II, § 1008, as added Pub. L. 94–580, § 2, , 90 Stat. 2803; amended Pub. L. 95–609, § 7(c), (d), , 92 Stat. 3081; Pub. L. 103–437, § 15(r), , 108 Stat. 4594.)

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