CITE

    42 USC Sec. 6901                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 82 - SOLID WASTE DISPOSAL
    SUBCHAPTER I - GENERAL PROVISIONS

HEAD

    Sec. 6901. Congressional findings

STATUTE

    (a) Solid waste
      The Congress finds with respect to solid waste -
        (1) that the continuing technological progress and improvement
      in methods of manufacture, packaging, and marketing of consumer
      products has resulted in an ever-mounting increase, and in a
      change in the characteristics, of the mass material discarded by
      the purchaser of such products;
        (2) that the economic and population growth of our Nation, and
      the improvements in the standard of living enjoyed by our
      population, have required increased industrial production to meet
      our needs, and have made necessary the demolition of old
      buildings, the construction of new buildings, and the provision
      of highways and other avenues of transportation, which, together
      with related industrial, commercial, and agricultural operations,
      have resulted in a rising tide of scrap, discarded, and waste
      materials;
        (3) that the continuing concentration of our population in
      expanding metropolitan and other urban areas has presented these
      communities with serious financial, management,
      intergovernmental, and technical problems in the disposal of
      solid wastes resulting from the industrial, commercial, domestic,
      and other activities carried on in such areas;
        (4) that while the collection and disposal of solid wastes
      should continue to be primarily the function of State, regional,
      and local agencies, the problems of waste disposal as set forth
      above have become a matter national in scope and in concern and
      necessitate Federal action through financial and technical
      assistance and leadership in the development, demonstration, and
      application of new and improved methods and processes to reduce
      the amount of waste and unsalvageable materials and to provide
      for proper and economical solid waste disposal practices.
    (b) Environment and health
      The Congress finds with respect to the environment and health,
    that -
        (1) although land is too valuable a national resource to be
      needlessly polluted by discarded materials, most solid waste is
      disposed of on land in open dumps and sanitary landfills;
        (2) disposal of solid waste and hazardous waste in or on the
      land without careful planning and management can present a danger
      to human health and the environment;
        (3) as a result of the Clean Air Act [42 U.S.C. 7401 et seq.],
      the Water Pollution Control Act [33 U.S.C. 1251 et seq.], and
      other Federal and State laws respecting public health and the
      environment, greater amounts of solid waste (in the form of
      sludge and other pollution treatment residues) have been created.
      Similarly, inadequate and environmentally unsound practices for
      the disposal or use of solid waste have created greater amounts
      of air and water pollution and other problems for the environment
      and for health;
        (4) open dumping is particularly harmful to health,
      contaminates drinking water from underground and surface
      supplies, and pollutes the air and the land;
        (5) the placement of inadequate controls on hazardous waste
      management will result in substantial risks to human health and
      the environment;
        (6) if hazardous waste management is improperly performed in
      the first instance, corrective action is likely to be expensive,
      complex, and time consuming;
        (7) certain classes of land disposal facilities are not capable
      of assuring long-term containment of certain hazardous wastes,
      and to avoid substantial risk to human health and the
      environment, reliance on land disposal should be minimized or
      eliminated, and land disposal, particularly landfill and surface
      impoundment, should be the least favored method for managing
      hazardous wastes; and
        (8) alternatives to existing methods of land disposal must be
      developed since many of the cities in the United States will be
      running out of suitable solid waste disposal sites within five
      years unless immediate action is taken.
    (c) Materials
      The Congress finds with respect to materials, that -
        (1) millions of tons of recoverable material which could be
      used are needlessly buried each year;
        (2) methods are available to separate usable materials from
      solid waste; and
        (3) the recovery and conservation of such materials can reduce
      the dependence of the United States on foreign resources and
      reduce the deficit in its balance of payments.
    (d) Energy
      The Congress finds with respect to energy, that -
        (1) solid waste represents a potential source of solid fuel,
      oil, or gas that can be converted into energy;
        (2) the need exists to develop alternative energy sources for
      public and private consumption in order to reduce our dependence
      on such sources as petroleum products, natural gas, nuclear and
      hydroelectric generation; and
        (3) technology exists to produce usable energy from solid
      waste.

SOURCE

    (Pub. L. 89-272, title II, Sec. 1002, as added Pub. L. 94-580, Sec.
    2, Oct. 21, 1976, 90 Stat. 2796; amended Pub. L. 95-609, Sec. 7(a),
    Nov. 8, 1978, 92 Stat. 3081; Pub. L. 98-616, title I, Sec. 101(a),
    Nov. 8, 1984, 98 Stat. 3224.)

REFERENCES IN TEXT

      The Clean Air Act, referred to in subsec. (b)(3), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7401 of this title and Tables.
      The Water Pollution Control Act, referred to in subsec. (b)(3),
    is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
    generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation
    and Navigable Waters. For complete classification of this Act to
    the Code, see Short Title note set out under section 1251 of Title
    33 and Tables.

CODIFICATION

      The statutory system governing the disposal of solid wastes set
    out in this chapter is found in Pub. L. 89-272, title II, as
    amended in its entirety and completely revised by section 2 of Pub.
    L. 94-580, Oct. 21, 1976, 90 Stat. 2795. See Short Title of 1976
    Amendment note below.
      The act, as set out in this chapter, carries a statutory credit
    showing the sections as having been added by Pub. L. 94-580,
    without reference to amendments to the act between its original
    enactment in 1965 and its complete revision in 1976. The act, as
    originally enacted in 1965, was classified to section 3251 et seq.
    of this title. For a recapitulation of the provisions of the act as
    originally enacted, see notes in chapter 39 (Sec. 3251 et seq.) of
    this title where the act was originally set out.

PRIOR PROVISIONS

      Provisions similar to those in this section were contained in
    section 3251 of this title prior to the general amendment of the
    Solid Waste Disposal Act by Pub. L. 94-580.
                                AMENDMENTS
      1984 - Subsec. (b)(5) to (8). Pub. L. 98-616 added pars. (5) to
    (7), struck out former par. (5) providing that "hazardous waste
    presents, in addition to the problems associated with non-hazardous
    solid waste, special dangers to health and requires a greater
    degree of regulation than does non-hazardous solid waste; and",
    redesignated former par. (6) as (8), and substituted a period for
    the semicolon at end.
      1978 - Subsec. (a)(4). Pub. L. 95-609 substituted "solid waste"
    for "solid-waste".
                       SHORT TITLE OF 2005 AMENDMENT
      Pub. L. 109-58, title XV, Sec. 1521, Aug. 8, 2005, 119 Stat.
    1092, provided that: "This subtitle [subtitle B (Secs. 1521-1533)
    of title XV of Pub. L. 109-58, enacting sections 6991j to 6991m of
    this title, amending sections 6991 to 6991f, 6991h, and 6991i of
    this title, and enacting provisions set out as notes under section
    6991b of this title] may be cited as the 'Underground Storage Tank
    Compliance Act'."
                       SHORT TITLE OF 1996 AMENDMENT
      Pub. L. 104-119, Sec. 1, Mar. 26, 1996, 110 Stat. 830, provided
    that: "This Act [amending sections 6921, 6924, 6925, 6947, and
    6949a of this title and enacting provisions set out as a note under
    section 6949a of this title] may be cited as the 'Land Disposal
    Program Flexibility Act of 1996'."
                       SHORT TITLE OF 1992 AMENDMENT
      Pub. L. 102-386, title I, Sec. 101, Oct. 6, 1992, 106 Stat. 1505,
    provided that: "This title [enacting sections 6908, 6939c to 6939e,
    and 6965 of this title, amending sections 6903, 6924, 6927, and
    6961 of this title, and enacting provisions set out as notes under
    sections 6939c and 6961 of this title] may be cited as the 'Federal
    Facility Compliance Act of 1992'."
                       SHORT TITLE OF 1988 AMENDMENT
      Pub. L. 100-582, Sec. 1, Nov. 1, 1988, 102 Stat. 2950, provided
    that: "This Act [enacting sections 6992 to 6992k of this title and
    section 3063 of Title 18, Crimes and Criminal Procedure, and
    amending section 6903 of this title] may be cited as the 'Medical
    Waste Tracking Act of 1988'."
                       SHORT TITLE OF 1984 AMENDMENT
      Section 1 of Pub. L. 98-616 provided that: "This Act [enacting
    sections 6917, 6936 to 6939a, 6949a, 6979a, 6979b, and 6991 to
    6991i of this title, amending this section and sections 6902, 6905,
    6912, 6915, 6916, 6921 to 6933, 6935, 6941 to 6945, 6948, 6956,
    6962, 6972, 6973, 6976, 6982 and 6984 of this title and enacting
    provisions set out as notes under sections 6905, 6921 and 6926 of
    this title] may be cited as 'The Hazardous and Solid Waste
    Amendments of 1984'."
                      SHORT TITLE OF 1980 AMENDMENTS
      Pub. L. 96-482, Sec. 1, Oct. 21, 1980, 94 Stat. 2334, provided:
    "This Act [enacting sections 6933, 6934, 6941a, 6955, and 6956 of
    this title, amending sections 6903, 6905, 6911, 6912, 6916, 6921,
    6922, 6924, 6925, 6927 to 6931, 6941 to 6943, 6945, 6946, 6948,
    6949, 6952, 6953, 6962, 6963, 6964, 6971, 6973, 6974, 6976, 6979,
    and 6982 of this title; and enacting and repealing provisions set
    out as a note under section 6981 of this title] may be cited as the
    'Solid Waste Disposal Act Amendments of 1980'."
      Pub. L. 96-463, Sec. 1, Oct. 15, 1980, 94 Stat. 2055, provided:
    "This Act [enacting sections 6901a, 6914a and 6932 of this title,
    amending sections 6903, 6943 and 6948 of this title, and enacting
    provisions set out as notes under sections 6363 and 6932 of this
    title] may be cited as the 'Used Oil Recycling Act of 1980'."
                       SHORT TITLE OF 1976 AMENDMENT
      Section 1 of Pub. L. 94-580 provided that: "This Act [enacting
    this chapter and provisions set out as notes under this section and
    section 6981 of this title] may be cited as the 'Resource
    Conservation and Recovery Act of 1976'."
                                SHORT TITLE
      Pub. L. 89-272, title II, Sec. 1001, as added by Pub. L. 94-580,
    Sec. 2, Oct. 21, 1976, 90 Stat. 2795, provided that: "This title
    (hereinafter in this title referred to as 'this Act'), together
    with the following table of contents, may be cited as the 'Solid
    Waste Disposal Act' " [table of contents omitted].
            FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
      For provisions relating to the responsibility of the head of each
    Executive agency for compliance with applicable pollution control
    standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
    set out as a note under section 4321 of this title.
                  NATIONAL COMMISSION ON MATERIALS POLICY
      Pub. L. 91-512, title II, Secs. 201-206, Oct. 26, 1970, 84 Stat.
    1234, known as the "National Materials Policy Act of 1970",
    provided for the establishment of the National Commission on
    Materials Policy to make a full investigation and study for the
    purpose of developing a national materials policy to utilize
    present resources and technology more efficiently and to anticipate
    the future materials requirements of the Nation and the world, the
    Commission to submit to the President and Congress a report on its
    findings and recommendations no later than June 30, 1973, ninety
    days after the submission of which it should cease to exist.
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