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Title 42 — The Public Health and Welfare

Chapter 82 — Solid Waste Disposal

§ 6948. Federal assistance

Statutory text

(a)

Authorization of Federal financial assistance

(1)

There are authorized to be appropriated $30,000,000 for fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of financial assistance to States and local, regional, and interstate authorities for the development and implementation of plans approved by the Administrator under this subchapter (other than the provisions of such plans referred to in section 6943(b) 1 of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery).

(2)
(A)

The Administrator is authorized to provide financial assistance to States, counties, municipalities, and intermunicipal agencies and State and local public solid waste management authorities for implementation of programs to provide solid waste management, resource recovery, and resource conservation services and hazardous waste management. Such assistance shall include assistance for facility planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of recovered resources; technology assessments; legal expenses; construction feasibility studies; source separation projects; and fiscal or economic investigations or studies; but such assistance shall not include any other element of construction, or any acquisition of land or interest in land, or any subsidy for the price of recovered resources. Agencies assisted under this subsection shall consider existing solid waste management and hazardous waste management services and facilities as well as facilities proposed for construction.

(B)

An applicant for financial assistance under this paragraph must agree to comply with respect to the project or program assisted with the applicable requirements of section 6945 of this title and subchapter III of this chapter and apply applicable solid waste management practices, methods, and levels of control consistent with any guidelines published pursuant to section 6907 of this title. Assistance under this paragraph shall be available only for programs certified by the State to be consistent with any applicable State or areawide solid waste management plan or program. Applicants for technical and financial assistance under this section shall not preclude or foreclose consideration of programs for the recovery of recyclable materials through source separation or other resource recovery techniques.

(C)

There are authorized to be appropriated $15,000,000 for each of the fiscal years 1978 and 1979 for purposes of this section. There are authorized to be appropriated $10,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of this paragraph.

(D)

There are authorized—

(i)

to be made available $15,000,000 out of funds appropriated for fiscal year 1985, and

(ii)

to be appropriated for each of the fiscal years 1986 though 2 1988, $20,000,000 3

for grants to States (and where appropriate to regional, local, and interstate agencies) to implement programs requiring compliance by solid waste management facilities with the criteria promulgated under section 6944(a) of this title and section 6907(a)(3) of this title and with the provisions of section 6945 of this title. To the extent practicable, such programs shall require such compliance not later than thirty-six months after .

(3)
(A)

There is authorized to be appropriated for the fiscal year beginning , and for each fiscal year thereafter before , $4,000,000 for purposes of making grants to States to carry out section 6943(b) 1 of this title. No amount may be appropriated for such purposes for the fiscal year beginning on , or for any fiscal year thereafter.

(B)

Assistance provided by the Administrator under this paragraph shall be used only for the purposes specified in section 6943(b) 1 of this title. Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction, startup or operation activities.

(C)

Where appropriate, any State receiving assistance under this paragraph may make all or any part of such assistance available to municipalities within the State to carry out the activities specified in section 6943(b)(1)(A) and (B) 1 of this title.

(b)

State allotment

The sums appropriated in any fiscal year under subsection (a)(1) shall be allotted by the Administrator among all States, in the ratio that the population in each State bears to the population in all of the States, except that no State shall receive less than one-half of 1 per centum of the sums so allotted in any fiscal year. No State shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than non-recurrent expenditures for solid waste management control programs will be less than its expenditures were for such programs during fiscal year 1975, except that such funds may be reduced by an amount equal to their proportionate share of any general reduction of State spending ordered by the Governor or legislature of such State. No State shall receive any grant for solid waste management programs unless the Administrator is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of State, local, regional, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such programs.

(c)

Distribution of Federal financial assistance within the State

The Federal assistance allotted to the States under subsection (b) shall be allocated by the State receiving such funds to State, local, regional, and interstate authorities carrying out planning and implementation of the State plan. Such allocation shall be based upon the responsibilities of the respective parties as determined pursuant to section 6946(b) of this title.

(d)

Technical assistance

(1)

The Administrator may provide technical assistance to State and local governments for purposes of developing and implementing State plans. Technical assistance respecting resource recovery and conservation may be provided through resource recovery and conservation panels, established in the Environmental Protection Agency under subchapter II, to assist the State and local governments with respect to particular resource recovery and conservation projects under consideration and to evaluate their effect on the State plan.

(2)

In carrying out this subsection, the Administrator may, upon request, provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil. Such impediments may include laws, regulations, and policies, including State procurement policies, which are not favorable to the recycling of used oil.

(3)

In carrying out this subsection, the Administrator is authorized to provide technical assistance to States, municipalities, regional authorities, and intermunicipal agencies upon request, to assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recovery energy and materials from municipal waste or to conserve energy or materials which contribute to the waste stream. Such impediments may include—

(A)

laws, regulations, and policies, including State and local procurement policies, which are not favorable to resource conservation and recovery policies, systems, and facilities;

(B)

impediments to the financing of facilities to conserve or recover energy and materials from municipal waste through the exercise of State and local authority to issue revenue bonds and the use of State and local credit assistance; and

(C)

impediments to institutional arrangements necessary to undertake projects for the conservation or recovery of energy and materials from municipal waste, including the creation of special districts, authorities, or corporations where necessary having the power to secure the supply of waste of a project, to conserve resources, to implement the project, and to undertake related activities.

(e)

Special communities

(1)

The Administrator, in cooperation with State and local officials, shall identify local governments within the United States (A) having a solid waste disposal facility (i) which is owned by the unit of local government, (ii) for which an order has been issued by the State to cease receiving solid waste for treatment, storage, or disposal, and (iii) which is subject to a State-approved end-use recreation plan, and (B) which are located over an aquifer which is the source of drinking water for any person or public water system and which has serious environmental problems resulting from the disposal of such solid waste, including possible methane migration.

(2)

There is authorized to be appropriated to the Administrator $2,500,000 for the fiscal year 1980 and $1,500,000 for each of the fiscal years 1981 and 1982 to make grants to be used for containment and stabilization of solid waste located at the disposal sites referred to in paragraph (1). Not more than one community in any State shall be eligible for grants under this paragraph and not more than one project in any State shall be eligible for such grants. No unit of local government shall be eligible for grants under this paragraph with respect to any site which exceeds 65 acres in size.

(f)

Assistance to States for discretionary program for recycled oil

(1)

The Administrator may make grants to States, which have a State plan approved under section 6947 of this title, or which have submitted a State plan for approval under such section, if such plan includes the discretionary provisions described in section 6943(b) of this title. Grants under this subsection shall be for purposes of assisting the State in carrying out such discretionary provisions. No grant under this subsection may be used for construction or for the acquisition of land or equipment.

(2)

Grants under this subsection shall be allotted among the States in the same manner as provided in the first sentence of subsection (b).

(3)

No grant may be made under this subsection unless an application therefor is submitted to, and approved by, the Administrator. The application shall be in such form, be submitted in such manner, and contain such information as the Administrator may require.

(4)

For purposes of making grants under this subsection, there are authorized to be appropriated $5,000,000 for fiscal year 1982, $5,000,000 for fiscal year 1983, and $5,000,000 for each of the fiscal years 1985 through 1988.

(g)

Assistance to municipalities for energy and materials conservation and recovery planning activities

(1)

The Administrator is authorized to make grants to municipalities, regional authorities, and intermunicipal agencies to carry out activities described in subparagraphs (A) and (B) of section 6943(b)(1) 1 of this title. Such grants may be made only pursuant to an application submitted to the Administrator by the municipality which application has been approved by the State and determined by the State to be consistent with any State plan approved or submitted under this subchapter or any other appropriate planning carried out by the State.

(2)

There is authorized to be appropriated for the fiscal year beginning , and for each fiscal year thereafter before , $8,000,000 for purposes of making grants to municipalities under this subsection. No amount may be appropriated for such purposes for the fiscal year beginning on , or for any fiscal year thereafter.

(3)

Assistance provided by the Administrator under this subsection shall be used only for the purposes specified in paragraph (1). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction, startup or operation activities.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be “through”.
  3. 3 So in original. Probably should be followed by a comma.

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 § 4008 · 79 Stat. 992

    Enacted · 42 U.S.C. § 6948

    Pub. L. 89–272, title II, § 4008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2818

    Source evidence

    Code source credit
    Pub. L. 89–272, title II, § 4008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2818

  2. Pub. L. 96–463 § 6 · 94 Stat. 2055

    Amended · 42 U.S.C. § 6948(d)

    Pub. L. 96–463, § 6, and Pub. L. 96–482, § 32(f), designated existing provisions as par. (1)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–463, § 6, and Pub. L. 96–482, § 32(f), designated existing provisions as par. (1).

    Enacted provision · exact public law section
    Sec. 6. technical assistance Section 4008(d) of the Solid Waste Disposal Act is amended 42 USC 6948. by inserting “(1)” after assistance.—and by adding the following new paragraph at the end thereof: “(2) In carrying out this subsection, the Administrator may, upon request, provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil. Such impediments may include laws, regulations, and policies, including State procurement policies, which are not favorable to the recycling of used oil.”.

  3. Pub. L. 96–463 § 6 · 94 Stat. 2055

    Added · 42 U.S.C. § 6948(d)(2)

    Pub. L. 96–463, § 6, added par. (2) authorizing the Administrator to provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 96–463, § 6, added par. (2) authorizing the Administrator to provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil.

    Enacted provision · exact public law section
    Sec. 6. technical assistance Section 4008(d) of the Solid Waste Disposal Act is amended 42 USC 6948. by inserting “(1)” after assistance.—and by adding the following new paragraph at the end thereof: “(2) In carrying out this subsection, the Administrator may, upon request, provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil. Such impediments may include laws, regulations, and policies, including State procurement policies, which are not favorable to the recycling of used oil.”.

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

    Added · 42 U.S.C. § 6948(f)

    Pub. L. 96–463, § 5(b), added subsec. (f) relating to assistance to States for discretionary program for recycled oil

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–463, § 5(b), added subsec. (f) relating to assistance to States for discretionary program 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.”.

  5. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 31(c) · 94 Stat. 2334

    Substituted · 42 U.S.C. § 6948(a)(1)

    Pub. L. 96–482, § 31(c), authorized appropriations of $20,000,000, $15,000,000, and $20,000,000 for fiscal years, 1980, 1981, and 1982, respectively, and substituted provision making appropriation available for financial assistance to States, and local, regional, and interstate authorities for development and implementation of plans approved by the Administrator, except plans referred to in section 6943(b) of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery for provision making appropriations available to State for development and implementation of State plans

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 96–482, § 31(c), authorized appropriations of $20,000,000, $15,000,000, and $20,000,000 for fiscal years, 1980, 1981, and 1982, respectively, and substituted provision making appropriation available for financial assistance to States, and local, regional, and interstate authorities for development and implementation of plans approved by the Administrator, except plans referred to in section 6943(b) of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery for provision making appropriations available to State for development and implementation of State plans.

    Enacted provision · exact public law section
    (c) Section 4008(a)(1) of the Solid Waste Disposal Act is amended to read as follows: “(1) There are authorized to be appropriated $30,000,000 for fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, and $20,000,000 for fiscal year 1982 for purposes of financial assistance to States and local, regional, and interstate authorities for the development and implementation of plans approved by the Administrator under this subtitle (other than the provisions of such plans Post, p. 2353. referred to in section 4003(b), relating to feasibility planning for municipal waste energy and materials conservation and recovery).”.

  6. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 32(e)(1) · 94 Stat. 2334

    Changed · 42 U.S.C. § 6948(a)(2)(B)

    Pub. L. 96–482, § 32(e)(1), provided that applicants for technical and financial assistance shall not preclude or foreclose consideration of programs for recovery of recyclable materials through source separation or other resource recovery techniques

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 96–482, § 32(e)(1), provided that applicants for technical and financial assistance shall not preclude or foreclose consideration of programs for recovery of recyclable materials through source separation or other resource recovery techniques.

    Enacted provision · exact public law section
    (1) Section 4008(a)(2)(B) of such Act is amended by adding the following at the end thereof: “Applicants for technical and financial assistance under this section shall not preclude or foreclose consideration of programs for the recovery of recyclable materials through source separation or other resource recovery techniques.”.

  7. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 31(d) · 94 Stat. 2334

    Changed · 42 U.S.C. § 6948(a)(2)(C)

    Pub. L. 96–482, § 31(d), authorized appropriation of $10,000,000 for each fiscal year 1980, 1981, and 1982

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 96–482, § 31(d), authorized appropriation of $10,000,000 for each fiscal year 1980, 1981, and 1982.

    Enacted provision · exact public law section
    (d) Section 4008(a)(2|)(C) of the Solid Waste Disposal Act is amended by adding at the end thereof: “There are authorized to be appropriated $10,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, and $10,000,000 for fiscal year 1982 for purposes of this paragraph.”.

  8. Solid Waste Disposal Act Amendments of 1980

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

    Added · 42 U.S.C. § 6948(a)(3)

    Pub. L. 96–482, § 32(e)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 96–482, § 32(e)(2), added par. (3).

    Enacted provision · exact public law section
    (2) Section 4008(a) of such Act is amended by adding the following new paragraph at the end thereof: “(3) (A) There is authorized to be appropriated for the fiscal year beginning October 1, 1981, and for each fiscal year thereafter before October 1, 1986, $4,000,000 for purposes of making grants to States to Ante, p. 2353. carry out section 4003(b). No amount may be appropriated for such purposes for the fiscal year beginning on October 1, 1986, or for any fiscal year thereafter. “(B) Assistance provided by the Administrator under this paragraph shall be used only for the purposes specified in section 4003(b). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction, startup or operation activities. “(C) Where appropriate, any State receiving assistance under this paragraph may make all or any part of such assistance available to municipalities within the State to carry out the activities specified in section 4003(b)(1)(A) and (B).”. Ante, p. 2353.

  9. Solid Waste Disposal Act Amendments of 1980

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

    Added · 42 U.S.C. § 6948(d)(2)

    Pub. L. 96–482, § 32(f), added par. (2) authorizing the Administrator to provide technical assistance to States, municipalities, regional authorities, and intermunicipal agencies to assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recover energy and materials from municipal waste

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–482, § 32(f), added par. (2) authorizing the Administrator to provide technical assistance to States, municipalities, regional authorities, and intermunicipal agencies to assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recover energy and materials from municipal waste.

    Enacted provision · exact public law section
    (f) Section 4008(d) of the Solid Waste Disposal Act is amended by inserting “(1)” after “Technical Assistance.—” and by adding the following new paragraph at the end thereof: “(2) In carrying out this subsection, the Administrator is authorized to provide technical assistance to States, municipalities, regional authorities, and intermunicipal agencies upon request, to assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recover energy and materials from municipal waste or to conserve energy or materials which contribute to the waste stream. Such impediments may include— “(A) laws, regulations, and policies, including State and local procurement policies, which are not favorable to resource conservation and recovery policies, systems, and facilities; “(B) impediments to the financing of facilities to conserve or recover energy and materials from municipal waste through the exercise of State and local authority to issue revenue bonds and the use of State and local credit assistance; and “(C) impediments to institutional arrangements necessary to undertake projects for the conservation or recovery of energy and materials from municipal waste, including the creation of special districts, authorities, or corporations where necessary having the power to secure the supply of waste of a project, to conserve resources, to implement the project, and to undertake related activities.”.

  10. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 20(1) · 94 Stat. 2334

    1. Substituted · 42 U.S.C. § 6948(e)(1)

      Pub. L. 96–482, § 20(1)–(5), substituted in provision preceding cl. (A) “identify local governments” for “identify communities”

    2. Struck · 42 U.S.C. § 6948(e)(1)

      Pub. L. 96–482, § 20(1)–(5), struck out cl. (A), which required the Administrator to identify populations of less than twenty-five thousand persons

    3. Redesignated · 42 U.S.C. § 6948(e)(1)

      Pub. L. 96–482, § 20(1)–(5), redesignated cls. (B) and (C) as (A) and (B), respectively, in cl. (A) as so redesignated

    4. Redesignated · 42 U.S.C. § 6948(e)(1)

      Pub. L. 96–482, § 20(1)–(5), substituted “a solid waste disposal facility (i) which is owned by the unit of local government, (ii) for which an order has been issued by the State to cease receiving solid waste for treatment, storage, or disposal, and (iii) which is subject to a State-approved end-use recreation plan” for “solid waste disposal facilities in which more than 75 per centum of the solid waste of is from areas outside the jurisdiction of the communities” in cl. (B) as so redesignated

    5. Substituted · 42 U.S.C. § 6948(e)(1)

      Pub. L. 96–482, § 20(1)–(5), substituted “which are located over an aquifer which is the source of drinking water for any person or public water system and which has” for “which have”

    6. Inserted · 42 U.S.C. § 6948(e)(1)

      Pub. L. 96–482, § 20(1)–(5), inserted “, including possible methane migration” after “such solid waste”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 96–482, § 20(1)–(5), substituted in provision preceding cl. (A) “identify local governments” for “identify communities”, struck out cl. (A), which required the Administrator to identify populations of less than twenty-five thousand persons, redesignated cls. (B) and (C) as (A) and (B), respectively, in cl. (A) as so redesignated, substituted “a solid waste disposal facility (i) which is owned by the unit of local government, (ii) for which an order has been issued by the State to cease receiving solid waste for treatment, storage, or disposal, and (iii) which is subject to a State-approved end-use recreation plan” for “solid waste disposal facilities in which more than 75 per centum of the solid waste of is from areas outside the jurisdiction of the communities” in cl. (B) as so redesignated, substituted “which are located over an aquifer which is the source of drinking water for any person or public water system and which has” for “which have” and inserted “, including possible methane migration” after “such solid waste”.

    Enacted provision · exact public law section
    (1) striking out “identify communities” in paragraph (1) thereof and substituting “identify local governments”;

  11. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 20(6) · 94 Stat. 2334

    1. Substituted · 42 U.S.C. § 6948(e)(2)

      Pub. L. 96–482, § 20(6)–(8), substituted appropriations authorization of $2,500,000; $1,500,000; and $1,500,000 for fiscal years 1980, 1981, and 1982, for prior authorization of $2,500,000 for fiscal years 1978 and 1979

    2. Substituted · 42 U.S.C. § 6948(e)(2)

      Pub. L. 96–482, § 20(6)–(8), substituted provision for grants for “containment and stabilization of solid waste located at the disposal sites referred to in paragraph (1)” for such grants for “the conversion, improvement, or consolidation of existing solid waste disposal facilities, or for the construction of new solid waste disposal facilities, or for both, within communities identified under paragraph (1)”, and prohibited grants to units of local government when site exceeds 65 acres in size

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 96–482, § 20(6)–(8), substituted appropriations authorization of $2,500,000; $1,500,000; and $1,500,000 for fiscal years 1980, 1981, and 1982, for prior authorization of $2,500,000 for fiscal years 1978 and 1979, substituted provision for grants for “containment and stabilization of solid waste located at the disposal sites referred to in paragraph (1)” for such grants for “the conversion, improvement, or consolidation of existing solid waste disposal facilities, or for the construction of new solid waste disposal facilities, or for both, within communities identified under paragraph (1)”, and prohibited grants to units of local government when site exceeds 65 acres in size.

    Enacted provision · exact public law section
    (6) striking out “each of the fiscal years 1978 and 1979” in paragraph (2) and substituting “the fiscal year 1980 and $1,500,000 for each of the fiscal years 1981 and 1982”;

  12. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 20(9) · 94 Stat. 2334

    Struck · 42 U.S.C. § 6948(e)(3)

    Pub. L. 96–482, § 20(9), struck out par. (3) which required that grants to States be made only when the projects are consistent with applicable and approved State plan and will assist in carrying out such plan

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 96–482, § 20(9), struck out par. (3) which required that grants to States be made only when the projects are consistent with applicable and approved State plan and will assist in carrying out such plan.

    Enacted provision · exact public law section
    (9) striking out paragraph (3) thereof.

  13. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 32(e)(3) · 94 Stat. 2334

    Added · 42 U.S.C. § 6948(f)

    Pub. L. 96–482, § 32(e)(3), added subsec. (f) relating to assistance to municipalities for energy and materials conservation and recovery planning activities

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–482, § 32(e)(3), added subsec. (f) relating to assistance to municipalities for energy and materials conservation and recovery planning activities.

    Enacted provision · exact public law section
    (3) Section 4008 of such Act is amended by adding the following new Grants. 42 USC 6948. subsection at the end thereof: “(f) Assistance to Municipalities for Energy and Materials Conservation and Recovery Planning Activities.— (1) The Administrator is authorized to make grants to municipalities, regional authorities, and intermunicipal agencies to carry out activities described in subparagraphs (A) and (B) of section 4003(b)(1). Such grants may be made only pursuant to an application submitted to the Administrator by the municipality which application has been approved by the State and determined by the State to be consistent with any State plan approved or submitted under this subtitle or any other appropriate planning carried out by the State. “(2) There is authorized to be appropriated for the fiscal year Appropriation authorization. beginning October 1, 1981, and for each fiscal year thereafter before October 1, 1986, $8,000,000 for purposes of making grants to municipalities under this subsection. No amount may be appropriated for such purposes for the fiscal year beginning on October 1, 1986, or for any fiscal year thereafter.”. “(3) Assistance provided by the Administrator under this subsection shall be used only for the purposes specified in paragraph (1). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction, startup or operation activities.”.

  14. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 2(d) · 98 Stat. 3221

    Changed · 42 U.S.C. § 6948(a)(1)

    Pub. L. 98–616, § 2(d), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 98–616, § 2(d), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988.

    Enacted provision · exact public law section
    (d) Section 4008(a)(1) of the Solid Waste Disposal Act (relating to development and implementation assistance) is amended by striking out “and $20,000,000 for fiscal year 1982” and substituting “$20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988”.

  15. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 2(e) · 98 Stat. 3221

    Changed · 42 U.S.C. § 6948(a)(2)(C)

    Pub. L. 98–616, § 2(e), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 98–616, § 2(e), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988.

    Enacted provision · exact public law section
    (e) Section 4008(a)(2)(C) of the Solid Waste Disposal Act (relating to 42 USC 6948. implementation assistance) is amended by striking out “and $10,000,000 for fiscal year 1982” and substituting “$10,000,000 for fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988”.

  16. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 2(k) · 98 Stat. 3221

    Added · 42 U.S.C. § 6948(a)(2)(D)

    Pub. L. 98–616, § 2(k), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D). Pub. L. 98–616, § 2(k), added subpar. (D).

    Enacted provision · exact public law section
    (k) Section 4008(a)(2) of the Solid Waste Disposal Act is amended 42 USC 6948. by adding the following new subparagraph after subparagraph (C): “(D) There are authorized— “(i) to be made available $15,000,000 out of funds appropriated for fiscal year 1985, and “(ii) to be appropriated for each of the fiscal years 1986 though 1988, $20,000,000 for grants to States (and where appropriate to regional, local, and interstate agencies) to implement programs requiring compliance by solid waste management facilities with the criteria promulgated 42 USC 6944, 6907. 42 USC 6945. under section 4004(a) and section 1008(a)(3) and with the provisions of section 4005. To the extent practicable, such programs shall require such compliance not later than thirty-six months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984.”.

  17. The Hazardous and Solid Waste Amendments of 1984

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

    Redesignated · 42 U.S.C. § 6948(d)(2); 42 U.S.C. § 6948(d)(3)

    Pub. L. 98–616, § 502(d), redesignated second par. (2), relating to recovery of energy and materials from municipal waste, as par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(2), (3). Pub. L. 98–616, § 502(d), redesignated second par. (2), relating to recovery of energy and materials from municipal waste, as par. (3).

    Enacted provision · exact public law section
    (d) The second paragraph (2) in section 4008(d) of the Solid Waste Disposal Act is redesignated as paragraph (3).

  18. The Hazardous and Solid Waste Amendments of 1984

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

    Redesignated · 42 U.S.C. § 6948(f)

    Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g).

    Enacted provision · exact public law section
    (e) Section 4008 of the Solid Waste Disposal Act is amended by redesignating the second subsection (f) (entitled “Assistance to Municipalities for Energy and Materials Conservation and Recovery Planning Activities”) as subsection (g).

  19. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 2(g) · 98 Stat. 3221

    Changed · 42 U.S.C. § 6948(f)(4)

    Pub. L. 98–616, § 2(g), authorized appropriation of $5,000,000 for each of fiscal years 1985 through 1988

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 98–616, § 2(g), authorized appropriation of $5,000,000 for each of fiscal years 1985 through 1988.

    Enacted provision · exact public law section
    (g) Section 4008 of the Solid Waste Disposal Act (relating to Federal assistance for certain programs) is amended in paragraph (4) of subsection (f) (relating to assistance to States for discretionary programs for recycled oil) by striking out “and $5,000,000 for fiscal year 1983” and substituting “, $5,000,000 for fiscal year 1983, and $5,000,000 for each of the fiscal years 1985 through 1988”.

  20. The Hazardous and Solid Waste Amendments of 1984

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

    Redesignated · 42 U.S.C. § 6948(g)

    Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g).

    Enacted provision · exact public law section
    (e) Section 4008 of the Solid Waste Disposal Act is amended by redesignating the second subsection (f) (entitled “Assistance to Municipalities for Energy and Materials Conservation and Recovery Planning Activities”) as subsection (g).

25 of 26 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 6943(b) of this title, referred to in subsecs. (a)(1), (3) and (g)(1), was redesignated section 6943(c) of this title by Pub. L. 98–616, title V, § 502(h), , 98 Stat. 3277.

Codification

Section 2(d)–(g) of Pub. L. 98–616, cited as a credit to this section, appears to contain typographical error in that the text of subsec. (f)(1) of section 2007 of the Solid Waste Disposal Act (as added by section 2(i) of Pub. L. 98–616) is also shown as the text of subsec. “(f)(1)” of such section 2. Subsec. (f) of section 2, as set out in the Conference Report (H. Rept. 98–1133) to accompany H.R. 2867 (which became Pub. L. 98–616) read:

“(f)

Section 4008(e)(2) of the Solid Waste Disposal Act (relating to special communities) is amended by striking out ‘and $1,500,000 for each of the fiscal years 1981 and 1982’ and substituting ‘, $1,500,000 for each of the fiscal years 1981 and 1982, and $500,000 for each of the fiscal years 1985 through 1988’.”

Another section 5(b) of Pub. L. 96–463 amended section 6943 of this title.

Amendments1980–1984 · 2 rounds

1984

Subsec. (a)(1). Pub. L. 98–616, § 2(d), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988.

Subsec. (a)(2)(C). Pub. L. 98–616, § 2(e), authorized appropriation of $10,000,000 for each of fiscal years 1985 through 1988.

Subsec. (a)(2)(D). Pub. L. 98–616, § 2(k), added subpar. (D).

Subsec. (d)(2), (3). Pub. L. 98–616, § 502(d), redesignated second par. (2), relating to recovery of energy and materials from municipal waste, as par. (3).

Subsec. (f). Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g).

Subsec. (f)(4). Pub. L. 98–616, § 2(g), authorized appropriation of $5,000,000 for each of fiscal years 1985 through 1988.

Subsec. (g). Pub. L. 98–616, § 502(e), redesignated second subsec. (f), relating to assistance to municipalities for energy and materials conservation and recovery planning activities, as subsec. (g).

1980

Subsec. (a)(1). Pub. L. 96–482, § 31(c), authorized appropriations of $20,000,000, $15,000,000, and $20,000,000 for fiscal years, 1980, 1981, and 1982, respectively, and substituted provision making appropriation available for financial assistance to States, and local, regional, and interstate authorities for development and implementation of plans approved by the Administrator, except plans referred to in section 6943(b) of this title, relating to feasibility planning for municipal waste energy and materials conservation and recovery for provision making appropriations available to State for development and implementation of State plans.

Subsec. (a)(2)(B). Pub. L. 96–482, § 32(e)(1), provided that applicants for technical and financial assistance shall not preclude or foreclose consideration of programs for recovery of recyclable materials through source separation or other resource recovery techniques.

Subsec. (a)(2)(C). Pub. L. 96–482, § 31(d), authorized appropriation of $10,000,000 for each fiscal year 1980, 1981, and 1982.

Subsec. (a)(3). Pub. L. 96–482, § 32(e)(2), added par. (3).

Subsec. (d). Pub. L. 96–463, § 6, and Pub. L. 96–482, § 32(f), designated existing provisions as par. (1).

Subsec. (d)(2). Pub. L. 96–463, § 6, added par. (2) authorizing the Administrator to provide technical assistance to States to assist in the removal or modification of legal, institutional, economic, and other impediments to the recycling of used oil.

Pub. L. 96–482, § 32(f), added par. (2) authorizing the Administrator to provide technical assistance to States, municipalities, regional authorities, and intermunicipal agencies to assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recover energy and materials from municipal waste.

Subsec. (e)(1). Pub. L. 96–482, § 20(1)–(5), substituted in provision preceding cl. (A) “identify local governments” for “identify communities”, struck out cl. (A), which required the Administrator to identify populations of less than twenty-five thousand persons, redesignated cls. (B) and (C) as (A) and (B), respectively, in cl. (A) as so redesignated, substituted “a solid waste disposal facility (i) which is owned by the unit of local government, (ii) for which an order has been issued by the State to cease receiving solid waste for treatment, storage, or disposal, and (iii) which is subject to a State-approved end-use recreation plan” for “solid waste disposal facilities in which more than 75 per centum of the solid waste of is from areas outside the jurisdiction of the communities” in cl. (B) as so redesignated, substituted “which are located over an aquifer which is the source of drinking water for any person or public water system and which has” for “which have” and inserted “, including possible methane migration” after “such solid waste”.

Subsec. (e)(2). Pub. L. 96–482, § 20(6)–(8), substituted appropriations authorization of $2,500,000; $1,500,000; and $1,500,000 for fiscal years 1980, 1981, and 1982, for prior authorization of $2,500,000 for fiscal years 1978 and 1979, substituted provision for grants for “containment and stabilization of solid waste located at the disposal sites referred to in paragraph (1)” for such grants for “the conversion, improvement, or consolidation of existing solid waste disposal facilities, or for the construction of new solid waste disposal facilities, or for both, within communities identified under paragraph (1)”, and prohibited grants to units of local government when site exceeds 65 acres in size.

Subsec. (e)(3). Pub. L. 96–482, § 20(9), struck out par. (3) which required that grants to States be made only when the projects are consistent with applicable and approved State plan and will assist in carrying out such plan.

Subsec. (f). Pub. L. 96–463, § 5(b), added subsec. (f) relating to assistance to States for discretionary program for recycled oil.

Pub. L. 96–482, § 32(e)(3), added subsec. (f) relating to assistance to municipalities for energy and materials conservation and recovery planning activities.

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

1976–1984 · 4 acts
  1. 1976Pub. L. 89–272, title II, § 4008, as added Pub. L. 94–580, § 2, , 90 Stat. 2818
  2. 1980amended Pub. L. 96–463, §§ 5(b), 6, , 94 Stat. 2057
  3. 1980Pub. L. 96–482, §§ 20, 31(c), (d), 32(e), (f), , 94 Stat. 2345, 2352, 2354, 2355
  4. 1984Pub. L. 98–616, § 2(d)–(g), (k), title V, § 502(d), (e), , 98 Stat. 3222, 3223, 3276.
Show as published

(Pub. L. 89–272, title II, § 4008, as added Pub. L. 94–580, § 2, , 90 Stat. 2818; amended Pub. L. 96–463, §§ 5(b), 6, , 94 Stat. 2057; Pub. L. 96–482, §§ 20, 31(c), (d), 32(e), (f), , 94 Stat. 2345, 2352, 2354, 2355; Pub. L. 98–616, § 2(d)–(g), (k), title V, § 502(d), (e), , 98 Stat. 3222, 3223, 3276.)

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