§ 6943. Requirements for approval of plans

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. 1976

   Pub. L. 89–272 title II § 4003 · 79 Stat. 992

   Enacted · 42 U.S.C. § 6943

   Pub. L. 89–272, title II, § 4003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2814

   Source evidence

   Code source credit
   Pub. L. 89–272, title II, § 4003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2814

2. 1980

   Pub. L. 96–463 § 5(b) · 94 Stat. 2055

   Amended · 42 U.S.C. § 6943(a)

   Pub. L. 96–463, § 5(b), and Pub. L. 96–482, § 32(d)(2), designated existing provisions as subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–463, § 5(b), and Pub. L. 96–482, § 32(d)(2), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (b) Such section 4003 is further amended by inserting “(a) Minimum Requirements.—” after “4003” and by adding the following new subsection at the end thereof: “(b) Discretionary Plan Provisions Relating to Recycled Oil.— Any State plan submitted under this subtitle may include, at the option of the State, provisions to carry out each of the following: “(1) Encouragement, to the maximum extent feasible and consistent with the protection of the public health and the environment, of the use of recycled oil in all appropriate areas of State and local government. “(2) Encouragement of persons contracting with the State to use recycled oil to the maximum extent feasible, consistent with protection of the public health and the environment. “(3) Informing the public of the uses of recycled oil. “(4) Establishment and implementation of a program (including any necessary licensing of persons and including the use, where appropriate, of manifests) to assure that used oil is collected, transported, treated, stored, reused, and disposed of, in a manner which does not present a hazard to the public health or the environment. Any plan submitted under this title before the date of the enactment Ante, p. 2055. of the Used Oil Recycling Act of 1980 may be amended, at the option of the State, at any time after such date to include any provision referred to in this subsection.”.

3. 1980

   Pub. L. 96–463 § 5(b) · 94 Stat. 2055

   Added · 42 U.S.C. § 6943(b)

   Pub. L. 96–463, § 5(b), added subsec. (b) relating to discretionary plan provisions for recycled oil

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–463, § 5(b), added subsec. (b) relating to discretionary plan provisions for recycled oil.

   Enacted provision · exact public law section
   (b) Such section 4003 is further amended by inserting “(a) Minimum Requirements.—” after “4003” and by adding the following new subsection at the end thereof: “(b) Discretionary Plan Provisions Relating to Recycled Oil.— Any State plan submitted under this subtitle may include, at the option of the State, provisions to carry out each of the following: “(1) Encouragement, to the maximum extent feasible and consistent with the protection of the public health and the environment, of the use of recycled oil in all appropriate areas of State and local government. “(2) Encouragement of persons contracting with the State to use recycled oil to the maximum extent feasible, consistent with protection of the public health and the environment. “(3) Informing the public of the uses of recycled oil. “(4) Establishment and implementation of a program (including any necessary licensing of persons and including the use, where appropriate, of manifests) to assure that used oil is collected, transported, treated, stored, reused, and disposed of, in a manner which does not present a hazard to the public health or the environment. Any plan submitted under this title before the date of the enactment Ante, p. 2055. of the Used Oil Recycling Act of 1980 may be amended, at the option of the State, at any time after such date to include any provision referred to in this subsection.”.

4. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 18(a) · 94 Stat. 2334

   Substituted · 42 U.S.C. § 6943(a)(2)

   Pub. L. 96–482, § 18(a), substituted reference to sections 6944(b) and 6945(a) of this title for reference to section 6945(c) of this title

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 96–482, § 18(a), substituted reference to sections 6944(b) and 6945(a) of this title for reference to section 6945(c) of this title.

   Enacted provision · exact public law section
   (a) Section 4003(2) of the Solid Waste Disposal Act is 42 USC 6943. amended by striking out “section 4005(c)” and inserting in lieu thereof “sections 4004(b) and 4005(a)”. 42 USC 6944. Infra. Post, p. 2353.

5. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 · 94 Stat. 2334

   Substituted · 42 U.S.C. § 6943(a)(5)

   Pub. L. 96–482, §§ 18(b), 32(d)(1), substituted “State or local government” for “local government” and required State plan recognition of right to enter into long-term contracts for operation of resource recovery facilities and to secure long-term markets for material and energy recovered from such facilities, and required State plan recognition of right to negotiate long-term contracts and to negotiate and enter into such contracts for conserving materials or energy by reducing the volume of waste

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 96–482, §§ 18(b), 32(d)(1), substituted “State or local government” for “local government” and required State plan recognition of right to enter into long-term contracts for operation of resource recovery facilities and to secure long-term markets for material and energy recovered from such facilities, and required State plan recognition of right to negotiate long-term contracts and to negotiate and enter into such contracts for conserving materials or energy by reducing the volume of waste.

6. 1980

   Solid Waste Disposal Act Amendments of 1980

   Pub. L. 96–482 § 32(d)(2) · 94 Stat. 2334

   Added · 42 U.S.C. § 6943(b)

   Pub. L. 96–482, § 32(d)(2), added subsec. (b) relating to energy and materials conservation and recovery feasibility planning and assistance

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 96–482, § 32(d)(2), added subsec. (b) relating to energy and materials conservation and recovery feasibility planning and assistance.

   Enacted provision · exact public law section
   (2) Section 4003 of the Solid Waste Disposal Act (relating to minimum requirements for State plans) is amended by inserting “(a) Minimum Requirements.—” after “4003” and by adding the following new subsection at the end thereof: “(b) Energy and Materials Conservation and Recovery Feasibility Planning and Assistance.— (1) A State which has a plan approved under this subtitle or which has submitted a plan for such Infra. approval shall be eligible for assistance under section 4008(a)(3) if the Administrator determines that under such plan the State will— “(A) analyze and determine the economic and technical feasibility of facilities and programs to conserve resources which contribute to the waste stream or to recover energy and materials from municipal waste; “(B) analyze the legal, institutional, and economic impediments to the development of systems and facilities for conservation of energy or materials which contribute to the waste stream or for the recovery of energy and materials from municipal waste and make recommendations to appropriate governmental authorities for overcoming such impediments; “(C) assist municipalities within the State in developing plans, programs, and projects to conserve resources or recover energy and materials from municipal waste; and “(D) coordinate the resource conservation and recovery planning under subparagraph (C). “(2) The analysis referred to in paragraph (1)(A) shall include— “(A) the evaluation of, and establishment of priorities among, market opportunities for industrial and commercial users of all types (including public utilities and industrial parks) to utilize energy and materials recovered from municipal waste; “(B) comparisons of the relative costs of energy recovered from municipal waste in relation to the costs of energy derived from fossil fuels and other sources; “(C) studies of the transportation and storage problems and other problems associated with the development of energy and materials recovery technology, including curbside source separation; “(D) the evaluation and establishment of priorities among ways of conserving energy or materials which contribute to the waste stream; “(E) comparison of the relative total costs between conserving resources and disposing of or recovering such waste; and “(F) studies of impediments to resource conservation or recovery, including business practices, transportation requirements, or storage difficulties. Such studies and analyses shall also include studies of other sources of solid waste from which energy and materials may be recovered or minimized.”.

7. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 502(h) · 98 Stat. 3221

   Redesignated · 42 U.S.C. § 6943(b); 42 U.S.C. § 6943(c)

   Pub. L. 98–616, § 502(h), redesignated the subsec. (b) entitled energy and materials conservation and recovery feasibility planning and assistance, as subsec. (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 98–616, § 502(h), redesignated the subsec. (b) entitled energy and materials conservation and recovery feasibility planning and assistance, as subsec. (c).

   Enacted provision · exact public law section
   (h) Subsection (b) of section 4003 of the Solid Waste Disposal Act, 42 USC 6943. entitled “Energy and Materials Conservation and Recovery Feasibility Planning and Assistance” is redesignated as subsection (c) of such section 4003.

8. 1984

   The Hazardous and Solid Waste Amendments of 1984

   Pub. L. 98–616 § 301(b) · 98 Stat. 3221

   Added · 42 U.S.C. § 6943(d)

   Pub. L. 98–616, § 301(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–616, § 301(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Section 4003 of the Solid Waste Disposal Act is amended by Post, p. 3277. adding the following new subsection at the end thereof: “(d) Size of Waste–To–Energy Facilities.— Notwithstanding any of the above requirements, it is the intention of this Act and the planning process developed pursuant to this Act 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.”.

6 of 8 references resolved to an enrolled provision · 2 partial