ments, and new and improved methods of collection, separation, recovery, and recycling of solid wastes, and the environmentally safe disposal of nonrecoverable residues;

(4) to provide for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal systems; and

(5) to provide for training grants in occupations involving the design, operation, and maintenance of solid waste disposal systems.

(Pub. L. 89-272, title II, § 202, Oct. 20, 1965, 79 Stat. 997; Pub. L. 91-512, title I, § 101, Oct. 26, 1970, 84 Stat. 1227.)

AMENDMENTS

1970 Subsec. (b). Pub. L. 91-512 added provisions setting forth purposes of this chapter as that of promoting recycling, local planning, and training functions.

SHORT TITLE

Section 1 of Pub. L. 91-512 provided "That this Act [enacting sections 3253a, and 3254a to 3254f of this title, amending this section and sections 3252, 3253, 3258 and 3259 of this title, repealing section 3255 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Resource Recovery Act of 1970'." Section 201 of Pub. L. 89-272 provided that title II of Pub. L. 89-272, which enacted this chapter, may be cited as the "Solid Waste Disposal Act."

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products. radiation as used in the healing arts, and occupational exposure to radiation.

NATIONAL COMMISSION ON MATERIALS POLICY Sections 210-206 of Pub. L. 91-512 provided that: "SEC. 201. [Short Title] This title may be cited as the 'National Materials Policy Act of 1970'.

"SEC. 202. [Declaration of purpose] It is the purpose of this title to enhance environmental quality and conserve materials by developing a national materials policy to utilize present resources and technology more efficiently, to anticipate the future materials requirements of the Nation and the world, and to make recommendations on the supply, use, recovery, and disposal of materials.

"SEC. 203. [Establishment; composition; Chairman; compensation] (a) There is hereby created the National Commission on Materials Policy (hereafter referred to as the ('Commission') which shall be composed of seven members chosen from Government service and the private sector for their outstanding qualifications and demonstrated competence with regard to matters related to materials policy, to be appointed by the President with the advice and consent of the Senate, one of whom he shall designate as Chairman.

"(b) The members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the Commission.

"SEC. 204. [Duties and powers; report; termination] The Commission shall make a full and complete investigation and study for the purpose of developing a na

tional materials policy which shall include, without being limited to, a determination of

"(1) national and international materials requirements, priorities, and objectives, both current and future, including economic projections;

"(2) the relationship of materials policy to (A) national and international population size and (B) the enhancement of environmental quality;

"(3) recommended means for the extraction, development, and use of materials which are susceptible to recycling, reuse, or self-destruction, in order to enhance environmental quality and conserve materials;

"(4) means of exploiting existing scientific knowledge in the supply, use, recovery, and disposal of materials and encouraging further research and education in this field;

"(5) means to enhance coordination and cooperation among Federal departments and agencies in materials usage so that such usage might best serve the national materials policy;

"(6) the feasibility and desirability of establishing computer inventories of national and international materials requirements, supplies, and alternatives; and "(7) which Federal agency or agencies shall be assigned continuing responsibility for the implementation of the national materials policy.

"(b) In order to carry out the purposes of this title, the Commission is authorized

"(1) to request the cooperation and assistance of such other Federal departments and agencies as may be appropriate;

"(2) to appoint and fix the compensation of such staff personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of such title relating to classification and General Schedule pay rates; and

"(3) to obtain the services of experts and consultants, in accordance with the provisions of section 3109 of title 5, United States Code, at rates for individuals not to exceed $100 per diem.

"(c) The Commission shall submit to the President and to the Congress a report with respect to its findings and recommendations no later than June 30, 1973, and shall terminate not later than ninety days after submission of such report.

"(d) Upon request by the Commission, each Federal department and agency is authorized and directed to furnish, to the greatest extent practicable, such information and assistance as the Commission may request. "SEC. 205. [Definition] When used in this title, the term 'materials' means natural resources intended to be utilized by industry for the production of goods, with the exclusion of food.

(1) The term "Secretary" means the Secretary of Health, Education, and Welfare; except that such term means the Secretary of the Interior with respect to problems of solid waste resulting from the extraction, processing, or utilization of minerals or fossil fuels where the generation, production, or reuse of such waste is or may be controlled within the extraction, processing, or utilization facility or facilities and where such control is a feature of the technology or economy of the operation of such facility or facilities.

(2) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(3) The term "interstate agency" means an agency of two or more municipalities in different States, or an agency established by two or more States, with authority to provide for the disposal of solid wastes and serving two or more municipalities located in different States.

(4) The term "solid waste" means garbage, refuse, and other discarded solid materials, including solid-waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

(5) The term "solid-waste disposal" means the collection, storage, treatment, utilization, processing, or final disposal of solid waste.

(6) The term "construction", with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion.

(7) The term "municipality" means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law with responsibility for the planning or administration of solid waste disposal, or an Indian tribe.

(8) The term "intermunicipal agency" means an agency established by two or more municipalities with responsibility for planning or administration of solid waste disposal.

(9) The term "recovered resources" means materials or energy recovered from solid wastes.

(10) The term "resource recovery system" means a solid waste management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues.

(Pub. L. 89-272, title II, § 203, Oct. 20, 1965, 79 Stat. 998; Pub. L. 91-512, title I, § 102, Oct. 26, 1970, 84 Stat. 1228.)

AMENDMENTS

1970-Pars. (7)-(10). Pub. L. 91-512 added pars. (7)-(10).

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. -, transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Envirinmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products. radiation as used in the healing arts, and occupational exposure to radiation.

§ 3253. Research, demonstrations, training and other activities.

(a) Authority of Secretary to conduct; encouragement, etc., of public and private agencies in the conduct of.

The Secretary shall conduct, and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to

(1) any adverse health and welfare effects of the release into the environment of material present in solid waste, and methods to eliminate such effects;

(2) the operation and financing of solid waste disposal programs;

(3) the reduction of the amount of such waste and unsalvageable waste materials;

(4) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid wastes; and

(5) the identification of solid waste components and potential materials and energy recoverable from such waste components.

(b) Collection and dissemination of information; cooperation with public or private agencies; grantsin-aid; contracts.

In carrying out the provisions of the preceding subsection, the Secretary is authorized to

(1) collect and make available, through publications and other appropriate means, the results of, and other information pertaining to, such research and other activities, including appropriate recommendations in connection therewith; (2) cooperate with public and private agencies, institutions, and organizations, and with any industries involved, in the preparation and the conduct of such research and other activities; and

(3) make grants-in-aid to public or private agencies and institutions and to individuals for research, training projects, surveys, and demonstrations (including construction of facilities), and provide for the conduct of research, training, surveys, and demonstrations by contract with public

or private agencies and institutions and with individuals; and such contracts for research or demonstrations or both (including contracts for construction) may be made in accordance with and subject to the limitations provided with respect to research contracts of the military departments in section 2353 of Title 10, except that the determination, approval, and certification required thereby shall be made by the Secretary.

(c) Provisions of grants or contracts to insure availability of information, uses, processes and patents; use of and adherence to Statement of Government Patent Policy.

Any grant, agreement, or contract made or entered into under this section shall contain provisions effective to insure that all information, uses, processes, patents and other developments resulting from any activity undertaken pursuant to such grant, agreement, or contract will be made readily available on fair and equitable terms to industries utilizing methods of solid-waste disposal and industries engaging in furnishing devices, facilities, equipment, and supplies to be used in connection with solid-waste disposal. In carrying out the provisions of this section, the Secretary and each department, agency, and officer of the Federal Government having functions or duties under this chapter shall make use of and adhere to the Statement of Government Patent Policy which was promulgated by the President in his memorandum of October 10, 1963. (3 CFR, 1963 Supp., p. 238.) (Pub. L. 89-272, title II, § 204, Oct. 20, 1965, 79 Stat. 998; Pub. L. 91-512, title I, § 103, Oct. 26, 1970, 84 Stat. 1228.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-512, § 103(a), added provisions relating to the recovery of usable materials or energy from solid waste, new and improved methods of solid waste collection, adverse health and welfare effects of the release into the environment of material present in solid waste along with methods to eliminate such effects, and the identification of solid waste components and potential materials and energy recoverable from such waste components.

Subsec. (d). Pub. L. 91-512, § 103(b), repealed subsec. (d) which limited the amount of any grant from the United States to two-thirds of the cost of construction of any facility under this chapter.

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insofar as the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3253a of this title.

§ 3253a. Recovery of useful energy and materials. (a) Special study; report to the President and the Congress.

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 for 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 grants, 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) Demonstration projects.

The Secretary is also authorized to carry out demonstration projects to test and demonstrate methods and techniques developed pursuant to subsection (a) of this section.

(c) Applicability of other sections.

Section 3253 (b) and (c) of this title shall be applicable to investigations, studies, and projects carried out under this section. (Pub. L. 89-272, title II, § 205, as added Pub. L. 91-512, title I, § 104(a), Oct. 26, 1970, 84 Stat. 1228.)

§ 3254. Encouragement of interstate and interlocal cooperation.

The Secretary shall encourage cooperative activities by the States and local governments in connection with solid-waste disposal programs; encourage. where practicable, interstate, interlocal, and regional planning for, and the conduct of, interstate.

interlocal, and regional solid-waste disposal programs; and encourage the enactment of improved and, so far as practicable, uniform State and local laws governing solid-waste disposal. (Pub. L. 89272, title II, § 206, formerly § 205, Oct. 20, 1965, 79 Stat. 999, renumbered Pub. L. 91-512, title I, § 104 (a), Oct. 26, 1970, 84 Stat. 1228.)

TRANSFER OF FUNCTIONS

Reorg. Plan No. 3 of 1970, § 2(a) (3), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat., transferred to the Administrator of the Environmental Protection Agency the functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the National Air Pollution Control Administration, and the Environmental Control Administration's Bureau of Solid Waster Management, Bureau of Water Hygiene, and Bureau of Radiological Health, except insoas the functions carried out by the Bureau of Radiological Health pertain to regulation of radiation from consumer products, including electronic product radiation, radiation as used in the healing arts, occupational exposure to radiation, and research, technical assistance, and training related to radiation from consumer products, radiation as used in the healing arts, and occupational exposure to radiation.

§ 3254a. Grants for State, interstate, and local planning.

(a) Authorization.

The Secretary may from time to time, upon such terms and conditions consistent with this section as he finds appropriate to carry out the purposes of this chapter, make grants to State, interstate, municipal, and intermunicipal agencies, and organizations composed of public officials which are eligible for assistance under section 461(g) of Title 40, of not to exceed 66 per centum of the cost in the case of an application with respect to an area including only one municipality, and 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 waste disposal areas and studies of the effect and relationship of solid waste disposal practices on areas adjacent to waste disposal sites,

(3) developing proposals for projects to be carried out pursuant to section 3254b of this title, or (4) planning programs for the removal and processing of abandoned motor vehicle hulks. (b) Application; contents.

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 con

sistent 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 fundaccounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the agency under this section.

(c) Coordination of solid waste disposal planning with other planning activities.

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 461 of Title 40. (Pub. L. 89-272, title II § 207, as added Pub. L. 91-512, title I, § 104(b), Oct. 26, 1970, 84 Stat. 1229.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3254b, 3254d of this title.

§ 3254b. Grants for resource recovery systems and improved solid waste disposal facilities.

(a) Authorization.

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) Conditions of grant for the demonstration of a resource recovery system; Federal share.

(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 3254a (b) (2) of this title; (B) is consistent with the guidelines recommended pursuant to section 3254c of this title; (C) is designed to provide areawide resource recovery systems consistent with the purposes of this chapter, 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 be more than 75 percent.

69-254 O - 72 - 35

(c) Conditions of grant for construction of solid waste disposal facility; Federal share.

(1) A grant under this section for the construction of a new or improved solid waste disposal facility may be made only if—

(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 chapter, and (iii) is consistent with the guidelines recommended under section 3254c of this title, 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) Establishment of procedure for awarding grants; considerations in making grants.

(1) The Secretary, within ninety days after Oct. 26, 1970, shall promulgate regulations establishing a procedure for awarding grants under this section which

(A) provides that projects will be 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 plan

ning.

(e) Terms and conditions; non-Federal share. 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) of this section applies, the first-year operation and maintenance costs; (2) may not be provided for land 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 chapter. 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) Limitation on grants.

(1) Not more than 15 percent of the total of funds authorized to be appropriated under section 3259(a) (3) of this title 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. (Pub. L. 89-272, title II, § 208, as added Pub. L. 91-512, title I, § 104(b), Oct. 26, 1970, 84 Stat. 1230.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3254a, 3259 of this title.

§ 3254c. Recommendation by Secretary of guidelines; publication in Federal Register; recommendation by Secretary of model codes, ordinances, and statutes; issuance of information to appropriate agencies.

(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 October 26, 1970, recommended 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 chapter.

(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. (Pub. L. 89-272, title II, § 209, as added Pub. L. 91-512, title I, § 104(b), Oct. 26, 1970, 84 Stat. 1232.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3254b, 3254e of this title.

§ 3254d. Grants to or contracts with eligible organization.

(a) Authorization.

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