§ 6964. Applicability of solid waste disposal guidelines to Executive agencies

Statutory text

Compliance

If—

an Executive agency (as defined in section 105 of title 5) or any unit of the legislative branch of the Federal Government has jurisdiction over any real property or facility the operation or administration of which involves such agency in solid waste management activities, or

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 management activities,

then such agency shall insure compliance with the guidelines recommended under section 6907 of this title and the purposes of this chapter in the operation or administration of such property or facility, or the performance of such contract, as the case may be.

Each Executive agency or any unit of the legislative branch of the Federal Government which conducts any activity—

which generates solid waste, and

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 chapter in conducting such activity.

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 chapter in the disposal of such waste.

The President or the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate with regard to any unit of the legislative branch of the Federal Government shall prescribe regulations to carry out this subsection.

Licenses and permits

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 Administrator to insure compliance with guidelines recommended under section 6907 of this title and the purposes of 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.

1976
Pub. L. 89–272 title II § 6004 · 79 Stat. 992
Enacted · 42 U.S.C. § 6964
Pub. L. 89–272, title II, § 6004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823
Source evidence
Code source credit
Pub. L. 89–272, title II, § 6004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823
1978
Pub. L. 95–609 § 7 · 92 Stat. 3079
Substituted · 42 U.S.C. § 6964(a)(1)
Pub. L. 95–609, § 7(o)(1), (2), substituted “management” for “disposal” in two places
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 95–609, § 7(o)(1), (2), substituted “management” for “disposal” in two places.
Enacted provision · exact public law section
Sec. 7. (a) Section 1002(a) (4) of the Solid Waste Disposal Act is 42 USC 6901. amended by deleting the hyphen between the words “solid” and “waste” in the last line. (b) Section 1004 of the Solid Waste Disposal Act is amended by— 42 USC 6903. (1) revising paragraph (8) by striking out everything after “improvement of land”; (2) revising paragraph (10) by striking out “disposal” and inserting in lieu thereof “management”; (3) by revising paragraph (29) to read as follows: “(29) The term ‘solid waste management facility’ includes— “Solid waste management facility.” “(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.”. (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”. (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”. (e) Section 2003 of the Solid Waste Disposal Act is amended by 42 USC 6913. inserting “Federal agencies,” after “to provide”. (f) 42 USC 6922. Section 3002 of the Solid Waste Disposal Act is amended by— (1) revising paragraph (5) by striking out the semicolon after “subtitle” and substituting a comma, and by striking out “and” and inserting in lieu thereof “or pursuant to title I of the Marine 33 USC 1411. Protection, Research, and Sanctuaries Act (86 Stat. 1052); and”; and (2) revising paragraph (6) by adding a close parenthesis after “subtitle” the first time it appears. (g) 42 USC 6923. Section 3003 of the Solid Waste Disposal Act is amended by— (1) revising subsection (a) (4) by striking out the period after “subtitle” and substituting a comma, and by adding at the end thereof “or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).”; and (2) revising subsection (b) by striking out “subtitle” after “the regulations promulgated by the Administrator under this” and inserting in lieu thereof “section”. (h) 42 USC 6925. Section 3005(a) of the Solid Waste Disposal Act is amended by inserting “treatment, storage, or” after “and upon and after such date the”. (i) 42 USC 6926. Section 3006(c) of the Solid Waste Disposal Act is amended by— (1) striking out “required for” wherever it appears in the subsection and inserting in lieu thereof “of”; and (2) inserting the word “may” immediately after “3005,” and before “submit”. (j) Section 3007(a) (1) of the Solid Waste Disposal Act is amended by striking out “or disposed of” and inserting in lieu thereof “disposed of, or transported from”. (k) 42 USC 6928. Section 3008 of the Solid Waste Disposal Act is amended by— (1) revising subsection (d) (1) to read as follows: “(1) transports any hazardous waste identified or listed under this subtitle to a facility which does not have a permit under section 3005 (or 3006 in the case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act 186 Stat. 1052),”; and (2) revising subsect ion (d) (2) to read as follows: “(2) treats, stores, or disposes of any hazardous waste identified or listed under this subtitle without having obtained a permit under section 3005 (or 3006 in the. case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).” (l) 42 USC 6947. Section 4007(C) of the Solid Waste Disposal Act is amended by redesignating subsection “(C)” as “(c)”. (m) 42 USC 6961. Section 6001 of the Solid Waste Disposal Act is amended by inserting “or management” between “disposal” and “of solid waste”. (n) 42 USC 6962. Section 6002 of the Solid Waste Disposal Act is amended by— (1) deleting “(A)” after “(1)” in subsection (c) and changing “(B)” and “(C)” to “(2)” and “(3)”. respectively; and changing “(i)”, “(»)”, and “(iii)” to “(A)”, “(B)”, and “(C)”, respectively; (2) in subsection (c) (3) as redesignated, striking “Contracting” and inserting in lieu thereof “After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section, contracting”; and (3) inserting in the second sentence of subsection (e) after “containing such materials” the phrase “and with respect to certification by vendors of the percentage of recovered materials used,”. (o) Section 6004 of the Solid Waste Disposal Act is amended 42 USC 6964. by— (1) revising subsection (a)(1)(A) by striking out “disposal” and inserting in lieu thereof “management”; (2) revising subsection (a)(1)(B) by striking out “disposal” and. inserting in lieu thereof “management”; and (3) revising subsection (b) by striking out “Secretary” and inserting in lieu thereof “Administrator”. (p) Section 7002 of the Solid Waste Disposal Act is amended 42 USC 6972. by— (1) revising subsection (c) by striking out “section 212” and inserting in lieu thereof “subtitle C”; and (2) revising subsection (e) by striking out “requiring” and inserting in lieu thereof “require”. (q) Section 7003 of the Solid Waste Disposal Act is amended 42 USC 6973. by striking out “for” before “contributing to the alleged disposal”. (r) Section 7007 of the Solid Waste Disposal Act is amended 42 USC 6977. by— (1) revising subsection (b) (1) (A) by striking out “disposal” and inserting “management”; and by striking out “resources” and inserting “resource”; (2) revising subsection (b)(1)(B) by striking out “disposal” and inserting “management”; and (3) revising subsection (c) (3) by striking out “disposal” and inserting “management” in lieu thereof. (s) Section 8001(a) of the Solid Waste Disposal Act is amended 42 USC 6981. by— (1) revising paragraph (2) by striking out “disposal” and inserting “management” in lieu thereof; and (2) revising paragraph (13) by inserting “treatment,” after “for purpose of”. (t) Section 8002 of the Solid Waste Disposal Act is amended 42 USC 6982. by— (1) revising paragraph (1) of subsection (g) by inserting a comma between “shale” and “liquefaction”; (2) revising paragraph (1) of subsection (j) by inserting “the Secretary of Energy, the Chairman of the Council of Economic Advisors,” before “and a representative of the Office of Management and Budget,”; (3) revising paragraph (2) of subsection (j) by striking “(2) (D) ” and inserting “ (1) (D) ” in lieu thereof; (4) revising paragraph (3) of subsection (j) by striking “(2) (D) ” and inserting “ (1) ” in lieu thereof; and (5) revising subsection (1) by striking out “required under subsection (a), (h), (i) and (j)” and inserting in lieu thereof “required under subsections (a), (h), and (i)”. (u) Section 8003(a)(3) of the Solid Waste Disposal Act is 42 USC 6983. amended by striking out “discarded materials” and inserting “solid waste” in lieu thereof. (v) 42 USC 6984. Section 8004(a)(1) of the Solid Waste Disposal Act is amended by striking out “discarded material” and inserting “solid waste” in lieu thereof.
1978
Pub. L. 95–609 § 7 · 92 Stat. 3079
Substituted · 42 U.S.C. § 6964(b)
Pub. L. 95–609, § 7(o)(3), substituted “Administrator” for “Secretary”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–609, § 7(o)(3), substituted “Administrator” for “Secretary”.
Enacted provision · exact public law section
Sec. 7. (a) Section 1002(a) (4) of the Solid Waste Disposal Act is 42 USC 6901. amended by deleting the hyphen between the words “solid” and “waste” in the last line. (b) Section 1004 of the Solid Waste Disposal Act is amended by— 42 USC 6903. (1) revising paragraph (8) by striking out everything after “improvement of land”; (2) revising paragraph (10) by striking out “disposal” and inserting in lieu thereof “management”; (3) by revising paragraph (29) to read as follows: “(29) The term ‘solid waste management facility’ includes— “Solid waste management facility.” “(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.”. (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”. (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”. (e) Section 2003 of the Solid Waste Disposal Act is amended by 42 USC 6913. inserting “Federal agencies,” after “to provide”. (f) 42 USC 6922. Section 3002 of the Solid Waste Disposal Act is amended by— (1) revising paragraph (5) by striking out the semicolon after “subtitle” and substituting a comma, and by striking out “and” and inserting in lieu thereof “or pursuant to title I of the Marine 33 USC 1411. Protection, Research, and Sanctuaries Act (86 Stat. 1052); and”; and (2) revising paragraph (6) by adding a close parenthesis after “subtitle” the first time it appears. (g) 42 USC 6923. Section 3003 of the Solid Waste Disposal Act is amended by— (1) revising subsection (a) (4) by striking out the period after “subtitle” and substituting a comma, and by adding at the end thereof “or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).”; and (2) revising subsection (b) by striking out “subtitle” after “the regulations promulgated by the Administrator under this” and inserting in lieu thereof “section”. (h) 42 USC 6925. Section 3005(a) of the Solid Waste Disposal Act is amended by inserting “treatment, storage, or” after “and upon and after such date the”. (i) 42 USC 6926. Section 3006(c) of the Solid Waste Disposal Act is amended by— (1) striking out “required for” wherever it appears in the subsection and inserting in lieu thereof “of”; and (2) inserting the word “may” immediately after “3005,” and before “submit”. (j) Section 3007(a) (1) of the Solid Waste Disposal Act is amended by striking out “or disposed of” and inserting in lieu thereof “disposed of, or transported from”. (k) 42 USC 6928. Section 3008 of the Solid Waste Disposal Act is amended by— (1) revising subsection (d) (1) to read as follows: “(1) transports any hazardous waste identified or listed under this subtitle to a facility which does not have a permit under section 3005 (or 3006 in the case of a State program), or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act 186 Stat. 1052),”; and (2) revising subsect ion (d) (2) to read as follows: “(2) treats, stores, or disposes of any hazardous waste identified or listed under this subtitle without having obtained a permit under section 3005 (or 3006 in the. case of a State program) or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).” (l) 42 USC 6947. Section 4007(C) of the Solid Waste Disposal Act is amended by redesignating subsection “(C)” as “(c)”. (m) 42 USC 6961. Section 6001 of the Solid Waste Disposal Act is amended by inserting “or management” between “disposal” and “of solid waste”. (n) 42 USC 6962. Section 6002 of the Solid Waste Disposal Act is amended by— (1) deleting “(A)” after “(1)” in subsection (c) and changing “(B)” and “(C)” to “(2)” and “(3)”. respectively; and changing “(i)”, “(»)”, and “(iii)” to “(A)”, “(B)”, and “(C)”, respectively; (2) in subsection (c) (3) as redesignated, striking “Contracting” and inserting in lieu thereof “After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section, contracting”; and (3) inserting in the second sentence of subsection (e) after “containing such materials” the phrase “and with respect to certification by vendors of the percentage of recovered materials used,”. (o) Section 6004 of the Solid Waste Disposal Act is amended 42 USC 6964. by— (1) revising subsection (a)(1)(A) by striking out “disposal” and inserting in lieu thereof “management”; (2) revising subsection (a)(1)(B) by striking out “disposal” and. inserting in lieu thereof “management”; and (3) revising subsection (b) by striking out “Secretary” and inserting in lieu thereof “Administrator”. (p) Section 7002 of the Solid Waste Disposal Act is amended 42 USC 6972. by— (1) revising subsection (c) by striking out “section 212” and inserting in lieu thereof “subtitle C”; and (2) revising subsection (e) by striking out “requiring” and inserting in lieu thereof “require”. (q) Section 7003 of the Solid Waste Disposal Act is amended 42 USC 6973. by striking out “for” before “contributing to the alleged disposal”. (r) Section 7007 of the Solid Waste Disposal Act is amended 42 USC 6977. by— (1) revising subsection (b) (1) (A) by striking out “disposal” and inserting “management”; and by striking out “resources” and inserting “resource”; (2) revising subsection (b)(1)(B) by striking out “disposal” and inserting “management”; and (3) revising subsection (c) (3) by striking out “disposal” and inserting “management” in lieu thereof. (s) Section 8001(a) of the Solid Waste Disposal Act is amended 42 USC 6981. by— (1) revising paragraph (2) by striking out “disposal” and inserting “management” in lieu thereof; and (2) revising paragraph (13) by inserting “treatment,” after “for purpose of”. (t) Section 8002 of the Solid Waste Disposal Act is amended 42 USC 6982. by— (1) revising paragraph (1) of subsection (g) by inserting a comma between “shale” and “liquefaction”; (2) revising paragraph (1) of subsection (j) by inserting “the Secretary of Energy, the Chairman of the Council of Economic Advisors,” before “and a representative of the Office of Management and Budget,”; (3) revising paragraph (2) of subsection (j) by striking “(2) (D) ” and inserting “ (1) (D) ” in lieu thereof; (4) revising paragraph (3) of subsection (j) by striking “(2) (D) ” and inserting “ (1) ” in lieu thereof; and (5) revising subsection (1) by striking out “required under subsection (a), (h), (i) and (j)” and inserting in lieu thereof “required under subsections (a), (h), and (i)”. (u) Section 8003(a)(3) of the Solid Waste Disposal Act is 42 USC 6983. amended by striking out “discarded materials” and inserting “solid waste” in lieu thereof. (v) 42 USC 6984. Section 8004(a)(1) of the Solid Waste Disposal Act is amended by striking out “discarded material” and inserting “solid waste” in lieu thereof.
1980
Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 23(1) · 94 Stat. 2334
Inserted · 42 U.S.C. § 6964(a)(1)(A)
Pub. L. 96–482, § 23(1), inserted reference to any unit of the legislative branch of the Federal Government
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 96–482, § 23(1), inserted reference to any unit of the legislative branch of the Federal Government.
Enacted provision · exact public law section
(1) inserting immediately after “an executive agency (as defined in section 105 of title 5, United States Code)” in subsection (a)(1), “or any unit of the legislative branch of the Federal Government”;
1980
Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 23(2) · 94 Stat. 2334
Changed · 42 U.S.C. § 6964(a)(2)
Pub. L. 96–482, § 23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 96–482, § 23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines.
Enacted provision · exact public law section
(2) inserting after “Each Executive agency” in subsection (a)(2), “or any unit of the legislative branch of the Federal Government”; and
1980
Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 23(3) · 94 Stat. 2334
Changed · 42 U.S.C. § 6964(a)(4)
Pub. L. 96–482, § 23(3), required House Committee on House Administration and Senate Committee on Rules and Administration with regard to any unit of the legislative branch of the Federal Government to prescribe implementing regulations
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 96–482, § 23(3), required House Committee on House Administration and Senate Committee on Rules and Administration with regard to any unit of the legislative branch of the Federal Government to prescribe implementing regulations.
Enacted provision · exact public law section
(3) inserting after “The President” in subsection (a)(4) “or the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate with regard to any unit of the legislative branch of the Federal Government”.
1996
House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 title II § 222(2) · 110 Stat. 1718
Substituted · 42 U.S.C. § 6964(a)(4)
Pub. L. 104–186 substituted “House Oversight” for “House Administration”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Enacted provision · exact public law section
(2) Section 6004(a)(4) of the Solid Waste Disposal Act (42 U.S.C. 6964) is amended by striking out “House Administration” and inserting in lieu thereof “House Oversight”.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

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

Amendments1978–1996 · 3 rounds

1996

Subsec. (a)(4). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.

1980

Subsec. (a)(1)(A). Pub. L. 96–482, § 23(1), inserted reference to any unit of the legislative branch of the Federal Government.

Subsec. (a)(2). Pub. L. 96–482, § 23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines.

Subsec. (a)(4). Pub. L. 96–482, § 23(3), required House Committee on House Administration and Senate Committee on Rules and Administration with regard to any unit of the legislative branch of the Federal Government to prescribe implementing regulations.

1978

Subsec. (a)(1). Pub. L. 95–609, § 7(o)(1), (2), substituted “management” for “disposal” in two places.

Subsec. (b). Pub. L. 95–609, § 7(o)(3), substituted “Administrator” for “Secretary”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

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

1976–1996 · 4 acts

1976Pub. L. 89–272, title II, § 6004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823
1978amended Pub. L. 95–609, § 7(o), Nov. 8, 1978, 92 Stat. 3083
1980Pub. L. 96–482, § 23, Oct. 21, 1980, 94 Stat. 2347
1996Pub. L. 104–186, title II, § 222(2), Aug. 20, 1996, 110 Stat. 1751.

Show as published

(Pub. L. 89–272, title II, § 6004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 95–609, § 7(o), Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96–482, § 23, Oct. 21, 1980, 94 Stat. 2347; Pub. L. 104–186, title II, § 222(2), Aug. 20, 1996, 110 Stat. 1751.)