May 30, 1971
Page 16951
By Mr. MUSKIE:
S. 3549. A bill to amend the Solid Waste Disposal Act as amended by the Resource Recovery Act of 1970. Referred to the Committee on Public Works.
SOLID WASTE AND RESOURCE RECOVERY
Mr. MUSKIE. Mr. President, I am pleased today to introduce legislation designed to further our efforts to control solid waste disposal problems and recapture energy and material resources that are now being discarded as waste by our society.
Solid waste has grown tremendously in the last few decades. It has become a substantial aggravation for the public officials who must deal with this problem locally. Solid waste disposal problems rank at the very top of the concerns of municipal officials in a recent poll by the National League of Cities/U.S. Conference of Mayors.
Eighty percent of America's cities still use open dumps to dispose of wastes. By throwing away products after their use, we are wasting energy as well as materials. An aluminum ingot made from scrap uses one-tenth the energy required to make the same ingot from bauxite. Copper made from ore available today requires 15 times the energy required for copper produced from scrap.
The reduction of energy waste and the reduction of materials waste go hand in hand.
A recent report by EPA indicates that up to 60 percent of municipal waste is combustible. There are 136 million tons of urban refuse available to process for the recovery of energy. If this energy were used to produce electricity, an amount equal to 11 percent of the electricity produced from conventional steam plants in 1970 could be generated.
An added advantage of using waste as fuel is its low pollution characteristic. For example, municipal. waste has one-tenth the sulfur content of ordinary coal. And energy from solid waste does not strip the land for coal or pollute the sea with oil.
The way we live has taken a great toll on the environment. Most of the non-degradable products now threatening to turn our cities into garbage dumps were developed and have been marketed since World War II.
Since World War II, our population has increased a little more than a third, but the amount of pollution per person has grown sevenfold.
Our capacity for technological innovation in creating new products has far out stripped our ability to deal with the environmental stress created by those innovations.
And I am convinced that this gap is the result of failure to try – not lack of genius. Until we alter our no-deposit-no-return attitude toward resources, our policies will not match the realities that face us.
Land, air, and water are all scarce resources. When we dump solid waste into any of these, we discard needed materials and damage environmental resources.
Today I am introducing a bill that will help expand Federal efforts to deal with solid waste and resource recovery problems. The bill will assist in solving these problems by stimulating State and local plans that lead to the adoption of resource recovery techniques; second, providing loans and grants to carry out those plans; third, encouraging resource conservation by firmly expanding the Federal procurement of recycled products; and fourth, stimulating standards to regulate items in the solid waste stream where such regulations would have substantial benefit.
This proposed legislation builds on the Solid Waste Disposal Act of 1965 and the Resource Recovery Act of 1970. The grants provided for demonstration projects for resource recovery techniques under the 1970 law were very useful in moving technology along. These projects provide examples of technological innovation, and are spreading to other cities.
Progress was stalled in 1973, however, when the Administration attempted to kill the solid waste program in its fiscal year 1974 budget. Congress reinstated the program, and this year the solid waste activities in the President's fiscal year 1975 budget request are at the same figure as expenditures for fiscal year 1974.
The energy problems facing the country require that we recover as many resources as possible and reduce the amount of energy used in producing materials. Our energy shortage has made us even further conscious of the need to conserve resources and recover those that we use.
The bill proposes a continuation of the Federal steps to help solve the problems of solid waste disposal and resource shortages. States are encouraged to take a larger role than ever before, but local planning and local implementation of State plans is required.
As the Congress continues to shape legislation in this area, the ideas I have put forward will undoubtedly be modified. I look forward to joining in that process and in fashioning the most useful legislative approach possible to solve this problem.
I ask that a section-by-section analysis of the bill be included in the RECORD, followed by the text of the bill.
There being no objection, the analysis and bill were ordered to be printed in the RECORD, as follows:
SECTION-BY-SECTION ANALYSIS: DRAFT ENERGY RECOVERY AND RESOURCE CONSERVATION ACT OF 1974
Section 102 – Findings and Purpose:
This section establishes the findings and purposes of the Act. It is similar to the present law with modifications to recognize a greater emphasis towards energy recovery, resource recovery, the particular problems of inner city areas, the need to adopt policies to support the resource recovery effort, and the necessity of standards in limited areas of packaging, products, and other major items of solid waste.
Section 103 – Definitions:
Section 104 – Research, Training, Technical Assistance and Other Activities:
This section authorizes support for various research, demonstration and training activities. It revises existing law to specify that funds may be used to support development of regulations to reduce the volume of solid waste reaching the disposal system and programs for clean up of places with severe waste accumulation problems. It adds a new subsection (d) to prohibit the current EPA practice of imposing service charges on state and local employees participating in EPA sponsored training programs.
Section 105 – Special Study and Demonstration Projects on Recovery of Useful Energy and Materials:
This section is essentially the same as section 205 of the existing Act directing EPA studies of various matters relating to resource recovery.
Section 106 – Grants for State Programs and State, Interstate and Local Planning:
This section is revised from the existing law to provide support not only for planning for various specific purposes, but also for the establishment of statewide solid waste management and resource recovery programs.
Subsection (a), as in the existing law, allows support for planning in a number of areas related to solid waste management with the Federal share not to exceed 66% where a particular planning activity would apply to only one municipality or 75% in case of an application for more than one municipality. A number of purposes for which these planning funds can be used are listed under subsection (a).
Subsection (b) is an entirely new section and provides grants for up to 75 % of the cost for establishing statewide solid waste management and resource recovery programs in fiscal years 1975 through 1977 with the Federal share dropped to 60 % in the next three fiscal years.
Eligibility for a grant under this section is a condition for grants under section 107 or loans under section 108 being made in a state after January 1, 1977.
After January 1, 1977, grants under subsection (b) are preconditioned on a number of factors listed in subsection (c). These factors include (1) the establishment of a single state agency to be responsible for statewide programs, (2) state action to establish sufficient legal authority to implement its programs, and (3) a statewide solid waste management and resource recovery plan approved by EPA which includes (A) a land use plan identifying areas to be used as present and future disposal sites, (B) a program for issuing permits to all disposal sites, (C) provision to coordinate the activity of the state and municipal governments to limit the costs of collection and disposal of solid waste and assure recovery at the greatest percentage possible of recyclable or reuseable materials, (D) adequate controls on collection, recycling and disposal of hazardous wastes, (E) programs to identify methods and procedures used in the collection and transportation of materials available for recycling, (F) a provision to assure that solid waste management practices within the state are consistent with the requirement of the Clean Air Act and the Federal Water Pollution Control Act, (G) a program to close dumps in major urban areas within 2 years, (H) plans for the establishment of transfer facilities to aid rural areas in joining in larger projects, and (I) a technical assistance program for small communities.
Subsections (d) and (e) contain controls on the grant making process similar to Section 207 (b) and (c) of existing law. $50 million is authorized for this program for fiscal year 1975, $75 million for 1976 and $100 million for 1977, with annual distribution in any one state limited to 10 % of the total authorization.
Section 107 – Grants for Energy and Resource Recovery System and Improved Solid Waste Disposal Facilities:
This section is essentially the same as section 208 of the existing Act. It provides grants for up to 75 % of the cost for demonstrating resources recovery systems with adequate assurance that the system has a plan for areawide implications. Also, it provides grants for construction of new solid waste disposal facilities if these projects are covered by adequate areawide planning and if they advance the state of the art with funding limited to a maximum 50% Federal share for projects in one municipality or 75% for more than one municipality. No more than 15% of funds appropriated under this section can be spent in any one state. Funding for this program is $75 million in fiscal year 1975, $50 million in fiscal year 1976, and $25 million in fiscal year 1977.
Section 108 – Loans for Implementation of Resource Recovery Systems:
This section authorizes EPA to make loans to state and local governments for up to 75% of the cost of implementing resource recovery systems. The loans are to be for periods not to exceed twenty years. EPA may reduce the annual repayment of principle and interest by an amount equal to half of the funds received by the loan recipient from the sale of solid waste derived from the resource recovery system.
Section 109 – Training Projects:
This section is essentially the same as section 210 of the existing Act providing grants for training projects. The only difference is that subsection (c) of the existing law, calling for a study of training needs, is deleted because the study should have been completed by the time the new law is enacted.
Section 110 – Federal Agency Activities:
This section is intended to provide a comprehensive set of regulations to make Federal government actions more consistent with good solid waste management practices. To do this, EPA is required to publish regulations which:
(1) establish guidelines for purchasing practices which, to the maximum extent feasible, assure purchase of materials which are recycled, or which may be recycled or reused when discarded;
(2) encourage minimization of the volume of solid waste through limiting the amount of materials used and discarded; and
(3) establish procedures for the collection of solid waste which can be recycled or reused and assure that such material is available for reuse or recycling.
In addition, EPA, in cooperation with the General Services Administration and the Government Printing Office, is to develop special regulations for use of paper by the Federal government and Federal contractors.
Once the regulations for Federal activities have been developed by EPA, the President is required to publish regulations to insure their implementation by all Federal agencies. The President may exempt any single activity or facility from compliance with any regulations recommended under this section for a period of up to one year if he determines it to be in the paramount interest of the United States to do so. The one year exemptions are renewable.
Section 111 – Packaging, Products, and Containers:
EPA is required to publish criteria to be used in classifying packaging, products, and containers according to the disposal problems they create, energy and resources they consume and potential for reuse or recycling. Then a list is published, followed by regulations that may specify recycled materials to be used and other component materials.
Section 112 – Major Items of Solid Waste:
Within one year, EPA must classify major items according to disposal problems, resources consumed and potential for increasing useful life, along with regulations proposing minimum life for items classified as the worst offenders with substantial potential for improvement. Final regulations are published four months later, and take effect two years later.
All major items of solid waste produced after standards for them have been promulgated must include a label specifying the conditions for its reuse, recycling or disposal and providing information as to any reimbursable fees payable to the holder of that major item of solid waste.
Section 113 – Imports:
Imported products for which a standard has become effective under sections 111 and 112 must have a certificate of compliance with that standard.
Section 114 – Prohibited Acts:
(1) At any time later than one year after publication of final regulations prescribing recycling criteria, the manufacture, distribution, sale or offering for sale of any product in a container without a certification of that container which has been accepted by EPA:
(2) The manufacture, distribution, sale or offering for sale of any product in violation of any standard relating to major items of solid waste;
(3) The removal prior to sale of any label required to be affixed to a major item of solid waste, or sale of that item with the label removed;
(4) The importation into the United States of any product in violation of import regulations;
(5) Failure to comply with orders issued by EPA.
Section 115 – Enforcement:
Willful violators are to be punished by-a fine of not .more than $5,000 for each violation, or by imprisonment for not more than one year, or both. If the conviction is for a violation committed after a first conviction, the punishment can be a fine of not more than $10,000 for each violation, or imprisonment for not more than two years, or both. Any violators may be subject to a civil penalty of up to $5,000.
Whenever any person commits a prohibited act, the Administrator must issue an order specifying such relief., as he determines Is necessary to protect the public health and welfare. The relief may include an order requiring a person to cease' his violation, and may also include the seizure of any products which may be Involved.
Section 116 – Citizen Suits:
The citizen suit provision is essentially the same as in the air, water and noise laws, except that the waiting period to file a suit after notifying EPA is dropped from 60 days to 30 days.
Section 117 – Judicial Review:
The provision relating to judicial review of administrative actions is also similar to existing laws.
Section 118 – Records, Reports and Information:
Provisions relating to record keeping, availability of records for inspection, and providing required information are also similar to existing laws. However, one new provision prohibits use of records which are required to be shown to EPA in any subsequent criminal proceeding. Another new provision requires that any communication to EPA concerning a matter under consideration in a rulemaking or adjudicatory proceeding in the agency must be made a part of the public file of that proceeding and must be available for inspection unless it is a communication entitled to protection as a trade secret.
Section 119 – Public Rulemaking:
The public is allowed to participate through a public hearing in all EPA rule making relating to solid waste.
Section 120 – Annual Report:
EPA is required to submit to Congress an annual report on the progress of the various solid waste management programs and the impact of policies affecting resource recovery. The report must be submitted to Congress at the same time it is submitted to the Office of Management and Budget or some other agency.
Section 121 – Labor Standards:
Labor protection provisions relating to wages paid on Federally-aided projects are similar to those in the Clean Air Act.
Section 122 – Employee Protection:
The discharge or discrimination against any employee for taking part in any proceeding related to the Act is prohibited. The Secretary of Labor is to investigate reports of violations of this provision and where violations are found, issue orders to correct the problem and protect the employee. Employee actions in direct violation of the specific prohibitions of the Act are exempted from the prohibition in this section.
EPA is also directed to study, on a continuing basis, employment shifts due to the enforcement of the Act and investigate, where requested by any employee, where persons have been discharged or otherwise harmed in their jobs or threatened with same because of enforcement actions.
Section 123 – State and Local Authority preemption:
Nothing in the Act is to preclude any state or local government from adopting and enforcing controls relating to solid waste management or reuse, recycling, or disposal of solid waste which are more stringent than the Federal controls.
Section 124 – General Provisions:
For general program purposes, EPA is appropriated $50,000,000 for fiscal year 1975, $60,000,000 for fiscal year 1976, and $70,000,000 for fiscal year 1977.
The Secretary of the Interior is to receive $25,000,000 for fiscal year 1975, $25,000,000 for fiscal year 1976, and $25,000,000 for fiscal year 1977.
All documents submitted to the Congress, the Office of Management and Budget, or any other Federal agency with respect to a proposed budget to implement any of the provisions of this Act must be available for public inspection.
Section 125 – Separability:
This section provides that if any part of this Act is held invalid, the remainder shall continue to apply.
Section 126 – Water Pollution from Sanitary Landfills:
This section adds sanitary landfills to the non-point sources designated in the Federal Water Pollution Control Act for which EPA must develop regulations.
S. 3549
Be it enacted by the Senate and House of Representatives of, the United States of America in Congress assembled,
SECTION 1. This Act may be cited as the "Energy. Recovery and Resource Conservation Act of 1974."
SEC. 2. The Solid Waste Disposal Act, as amended by the Resource Recovery Act of 1970 is amended to read as follows:
"TITLE I .
"FINDINGS AND PURPOSES
"SEC. 102. (a) The Congress finds that–
"(1) the energy recovery potential from materials now being discarded in solid waste could substantially contribute to needed energy production;
"(2) the continuing technological developments in methods of manufacture, packaging, and marketing of consumer products have resulted in an ever mounting increase, and in a change in the characteristics, of the mass of material discarded by the purchasers of such products;
"(3) 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;
"(4) the continuing shifts in our population have presented many communities with serious financial, management, intergovernmental, and technical problems in the recovery and disposal of solid wastes, resulting from industrial, commercial, domestic, recreational, and other activities;
"(5) and present proliferation of solid wastes and inefficient and improper methods of recovery and disposal of solid wastes are creating increasingly serious hazards to the public health and welfare, including pollution of air and water resources, accident hazards, increases in rodent and insect vectors of disease, and scenic blights that have an adverse effect on land values, create public nuisances, and otherwise interfere with community life and development;
"(6) the failure or inability to salvage, recover, and reuse such materials and the energy from such materials economically results in the unnecessary waste and depletion of our increasingly scarce natural resources; and
"(7) 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 recovery and disposal as set forth above have become a matter national in scope and concern and necessitate Federal action through changes in policies and programs, development of regulations, and provision of financial and technical assistance to provide leadership in the development, demonstration, and application of new and improved methods, processes, and policies to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste recovery and disposal practices.
"(b) The purposes of this Act therefore are–
" (1) to promote the demonstration, construction, and application of energy recovery and solid waste management and resource recovery systems which conserve natural resources and preserve and enhance the quality of air, water, and land resources;
"(2) to provide technical and financial assistance to States and local governments and interstate agencies in the planning and development of solid waste management and resource recovery systems;
"(3) to promote a national research and development program for improvement management techniques, more effective organizational arrangements, and new and improved methods of collection, separation, recovery, and recycling of solid wastes, and the environmentally safe disposal of non-recoverable residues;
"(4) to provide for training grants in occupations involving the design, operation, and maintenance of resource recovery and solid waste disposal systems;
"(5) to encourage cooperative activities by the States and local governments in the development and implementation of solid waste disposal and resource recovery systems; and encourage the enactment of improved and, so far as practicable, uniform State and local laws governing solid waste disposal and resource recovery;
"(6) to aid the cleanup of inner city areas and other places which have encountered particularly severe health, problems and other environmental dangers because of the proliferation of solid waste;
"(7) to protect the public health and welfare through establishment of regulations for packaging practices and other manufacturing processes and products which contribute to solid waste management problems; and
"(8) to establish and expand programs and policies in the interest of public health and welfare to emphasize recycling and recovery of resources, rather than waste disposal and excessive use of raw materials.
"DEFINITIONS
"SEC. 103. When used in this Act:
"(1) The term 'Administrator' means the Administrator of the Environmental Protection Agency.
"(2) The term 'construction', with respect to any project of construction under this Act, 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 projects to completion.
"(3) The term 'consumer product' means those products which are not normally disposed of in solid or liquid waste disposal systems including any food or beverage and including those products intended for consumption by animals, and any other object intended for or capable of retail sale and residential, commercial, industrial, or recreational use, except where such object is intended to become part of a product of a commercial or industrial process.
"(4) The term 'container' means any container, package, or wrapping material which is sold with a consumer product or shipped with such product from the facility at which such product is created but which was not part of such product in its raw agricultural or virgin material state and is not intended to be used with such product at the time of sale to its ultimate purchaser.
"(5) The term 'intermunicipal agency' means an agency established by two or more municipalities within one State, with responsibility for planning or administration of solid waste disposal and resource recovery systems.
"(6) 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 solid waste disposal and resource recovery systems serving two or more municipalities located in different States.
"(7) The term 'major item of solid waste' means any object or part of an object regularly utilized for commercial, industrial, residential or recreational purposes or transportation which has (A) a gross weight of more than ten pounds, (B) a liquid carrying capacity or more than five gallons or (C) a total volume of more than five cubic feet, and is designated by the Administrator as a major item of solid waste.
"(8) 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.
"(9) The term 'recovered resources' means usable materials or energy recovered from solid wastes.
"(10) The term 'recycle' means to (A) reuse for the same purpose as originally sold, (B) convert into a raw material from which the original product or another tangible object for which there is a viable market can be created or (C) convert into another tangible object for which there is a viable market.
"(11) The term 'resource recovery system' means a solid waste management system which provides for collection, separation, recycling, reuse, and recovery of solid wastes, including disposal or non-recoverable waste residues.
"(12) The term `solid waste' means garbage, refuse, construction debris, and other discarded solid materials, including solid waste materials, waste oil and other liquid materials in containers or originating in containers, and residual byproducts resulting from, industrial, commercial, mining, and agricultural operations (including pollution control): and from community activities.
" (13) The term `solid waste disposal' means the collection, storage, treatment, utilization, processing, or final disposal of solid waste.
"(14) The term 'State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
"RESEARCH, TRAINING, TECHNICAL ASSISTANCE, AND OTHER ACTIVITIES
"SEC. 104. (a) The Administrator shall conduct, and encourage, cooperate with, and render financial, technical, 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–
"(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) measures necessary to aid the cleanup of inner city areas and other places -which face particularly severe public health problems or other dangers because of accumulations of solid waste;
"(4) the reduction of the amount of solid waste and unsalvageable waste materials and procedures to encourage the separation and preparation of waste for recovery;
"(5) 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;
"(6) the identification of solid waste components and potential materials and energy recoverable from such waste components; and
"(7) the development and implementation of standards and regulations to control and reduce the volume of solid waste reaching the disposal system; and
"(8) any other matter which may be included in the annual reports required by section 119 of this Act.
"(b) In carrying out the provisions of the preceding subsection, the Administrator 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;
"(3) recommend model codes, ordinances, and statutes which are designed to implement the purposes of this Act;
"(4) issue to appropriate Federal, interstate, regional, and local agencies information on and guidelines for technically feasible solid waste collection, separation, disposal, recycling, reuse, and recovery methods which are consistent with the policies and purposes of this Act, including data on the cost of construction, operation, and maintenance of such methods; and
"(5) 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 title 10, United States Code, section 2353, except that the determination, approval, and certification required thereby shall be made by the Administrator.
"(c) Any grant, agreement, or contract made or entered into under this section shall contain provisions 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 of industries and public agencies which might utilize processes to reduce the volume of solid wastes, employ methods of resource recovery, recycling, or solid waste disposal, or engage in furnishing devices, facilities, equipment, and supplies to be used in connection with reducing the volume of solid waste, disposing of solid waste or, recovery and recycling of resources. In carrying out the provisions of this section, the Administrator and each department, agency, and officer of the Federal Government having functions or duties under this Act 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 Supplemental, page 238.)
"(d) No service charge or other cost requirement, shall be imposed as a condition of participation by any employee of a State or municipal government agency in any training program authorized by this Act.
"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL ENERGY AND MATERIALS'
."SEC. 105. (a) The Administrator shall carry out an investigation and study to determine
"(1) means to recovering energy and materials 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.
"(b) The Administrator is authorized to carry out demonstration projects to test and demonstrate methods and techniques developed pursuant to subsection (a).
"GRANTS FOR STATE PROGRAMS AND STATE, INTERSTATE, AND LOCAL PLANNING
"SEC. 106. (a) The Administrator may from time to time, upon such terms and conditions consistent with this section as he deems appropriate to carry out the purposes of this Act, make grants to States, interstate, municipal, and intermunicipal agencies, and organizations composed of public officials which are eligible for assistance under section 701(g) of the Housing Act of 1954, of not to exceed 66 % per centum of the cost 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 resource recovery (including energy recovery) and solid waste disposal practices and problems within the jurisdictional areas of such agencies;
"(2) developing and revising resource recovery and 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 sections 106, and 107 of this Act;
"(4) planning programs for the removal and processing of abandoned motor vehicle hulks and other major items of solid waste;
"(5) developing State laws and local ordinances to improve solid waste management and resource recovery and recycling systems; or
"(6) planning programs to achieve rapid cleanup of areas with severe health problems because of large amounts of uncollected solid waste.
"(b) The Administrator may, from time to time, upon such terms and conditions consistent with this section as he deems appropriate, make grants to States for the purpose of establishing statewide solid waste management and resource recovery programs, which grant shall not exceed 75 per centum of the cost of establishing a statewide solid waste management and resource recovery program if such grant is made during fiscal year 1975, 1976, or 1977, and shall not exceed 60 per centum of the costs of such program in each of the three succeeding fiscal years.
"(c) After January 1, 1977, no state shall be eligible for a grant under subsection {b) of this section unless that State has–
"(1) established a single State agency to be responsible for maintaining the statewide solid waste management and resource recovery program, which State agency may also have other functions in areas relating to the environment;
"(2) established such legal authority as necessary to implement a statewide solid waste management and resource recovery plan; and
"(3) developed a statewide solid waste management and resource recovery plan submitted to and approved by the Administrator consistent with the intent and requirements of this Act, which plan shall–
" (A) include a land-use plan specifying those areas which are presently used and may be used in the future as solid waste disposal sites;
"(B) include a program for issuing permits for all publicly owned solid waste disposal sites within all Standard Metropolitan Areas with population greater than 200,000 as defined in the 1970 Census of the U.S. Commerce Department and a program for issuing such permits in the remainder of the state by 1980;
"(C) provide for coordination of the activities of the State and municipal governments relating to solid waste management and resource recovery to assure most efficient methods for (i) limiting the costs and improving the efficiency of collection and disposal and (ii) recovering the greatest percentage of recyclable or reusable materials;
"(D) assure safe and sanitary collection and recycling of materials determined by the Administrator to be toxic or hazardous and assure disposal of toxic or hazardous materials that cannot be recycled in a manner which will not result in violation of effluent or emission limitations, standards or other requirements of the Clean Air Act Or the Federal Water Pollution Control Act;
"(E) identify methods and procedures to be used in the collection and transportation of materials which are available for reuse or recycling;
"(F) assure that State, municipal, and private resource recovery and solid waste management and disposal practices will not result in a violation of effluent or emission limitations, standards or other requirements of the Clean Air Act or the Federal Water pollution Control Act.
"(G) include (i) program prohibiting within two years of the approval of such plan the operation of any open dump within or receiving solid waste from any Standard Metropolitan Statistical Area with a population greater than 200,000 as defined in the 1970 Census of the U.S. Department of Commerce, (ii) a program prohibiting within seven years of the approval of such plan the operation of other open dumps in the remainder of the state that are deemed by the state to be environmentally unsound to a significant degree.
"(H) include plans for the establishment of transfer facilities to facilitate the inclusion of solid waste from rural areas in resource recovery systems serving areas of the state having higher population density, except where the state determines that the projected economic feasibility of such system (including projected growth of the area involved) does not justify inclusion of the rural areas in such a resource recovery system.
"(I) include a program of technical assistance for small and medium-sized communities to aid in the adoption of up-to-date resource recovery systems and solid waste disposal practices.
"(d) Upon receipt of a statewide solid waste management and resource recovery plan submitted under subsection (a) of this section, the Administrator shall, within four months after the date of receipt, approve or disapprove such plan, or any portion thereof. The Administrator shall approve such plan, or any portion thereof, if he determines that it was adopted after reasonable notice and hearings and that–
(1) it complies with the requirements of paragraph (3) subsection (c); and
(2) it was developed through a process closely coordinated with the planning processes of Section 208 of the Federal Water Pollution Control Act and Section 110 of the Clean Air Act;. and
(3) the State assigned primary responsibility and authority for plan development and implementation to general purpose units of government, and includes plans developed by such units of local government, unless the State (1) determined that any such plan, or its implementation, (A) failed to meet any requirement of this Act or State standards or criteria intended to effectuate such requirement; (B) was inconsistent with any other such plan or with any areawide waste management and resource recovery plan which met all applicable requirements, standards and criteria; or (C) was inconsistent with any State land use, air pollution, water pollution, noise pollution, or other environmental plan or requirement and (2) provided an adequate opportunity for administrative or judicial appeal of such determination.
(4) it assures, except in any proceedings of the State legislature, the participation of officials or representatives of general units of local government and the public in the development of subsequent revisions in the implementation of and the formulation of guidelines, rules and regulations concerning the waste management and resource recovery program.
"(e) The Administrator shall after consideration of any State hearing record, promptly prepare and publish regulations setting forth suggested revisions in a statewide solid Waste management and resource recovery plan if he determines that the plan, or any portion thereof, submitted for such State is determined not to be in accordance with the requirements of this section. The State may then resubmit a plan revised to take into account the suggestions of the Administrator.
"(f) In the event that a state does not submit a plan by January 1, 1977, the Administrator may receive areawide solid waste management and resource recovery plans for multi-jurisdictional organizations representing general units of local government. Approval of such plans shall be conditioned upon the criteria governing statewide plans, and approval shall allow the units of government within the area covered to become eligible for financial assistance under this Act to the same extent that approval of a statewide plan would fulfill such eligibility requirements.
"(g) 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 resource recovery and solid waste disposal consistent 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 program;
"(3) sets forth plans for expenditures of such grant, which plans provide reasonable assurance of carrying out, the purposes for which the grant is intended;
"(4) provides for submission of such reports of the activities, of the agency in carrying out the purposes c this section, in such form and containing such information, as the Administrator 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 fund accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the agency, under this section.
"(h) The Administrator shall make a grant under this section only if he finds that there is satisfactory assurance that any planning for resource recovery and solid waste management will be coordinated, so far as practicable, with and not duplicate other related State, interstate, regional and local land use and related planning activities, including any international planning activities and agreements; and including planning activities maintained in accordance with the Clean Air Act and the Federal Water Pollution Control Act and those financed in part with funds pursuant to section 701 of the Housing Act of 1954.
"(1) Not more than 10 per centum of the total of funds authorized to be appropriated under this section for any fiscal year shall be granted under this section for projects in any one State.
"(j) There are authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the provisions of this section, not to exceed $50,000,000 for the fiscal year ending June 30, 1975, not to exceed $75,000,000 for the fiscal year ending June 30, 1976, and not to exceed $100,000,000 for the fiscal year ending June 30, 1977.
"GRANTS FOR ENERGY AND RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID WASTE DISPOSAL FACILITIES
"SEC. 107. (a) The Administrator is authorized to make grants pursuant to this section to any State, municipal, or interstate or inter-municipal agency for the demonstration of energy resource recovery systems or for the construction of new or improved solid waste disposal facilities.
"(b) (1) A 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 106(d) (2) of this Act; (B) is consistent with any guidelines recommended pursuant to section 104(b) (4) of this Act; (C) is designed to provide areawide resource recovery systems consistent with the purposes of this Act, as determined by the Administrator, 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 per centum.
"(c) (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, (11) is included in a comprehensive plan for the area ' involved which is satisfactory to the Administrator for the purposes of this Act, and (iii) is consistent with any guidelines recommended under section 104 (b) (4), and
"(B) the project advances the state of the art by applying new and improved techniques in reducing the environmental impact off 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 per centum in the case of a project serving an area which includes only one municipality, and not more than 75 per centum in any other case.
"(d) In taking action on applications for grants under this section, consideration shall be given by the Administrator (A) to the public benefits to be derived by the construction and operation 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) ; and (C) to the use by the applicant of comprehensive regional or metropolitan area planning.
"'(e) 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) 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 Administrator for proper and efficient operation and maintenance of the project (subject to paragraph (1) (13)); and
"(4) may be made subject to such conditions and requirements, in addition to those provided in this section, as the Administrator may require to properly carry out his functions pursuant to this Act. For purposes of paragraph (1) of this subsection, 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 Administrator.
"(f) No grant shall be made under this section for any project in a State which on or after July 1, 1976, is not eligible for a grant under subsection (b) of section 106 of this Act.
"(g) (1) Not more than 15 per centum of the total of funds authorized to be appropriated under this section for any fiscal year shall be granted under this section for projects in any one State.
"(2) The Administrator 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.
"(h) There are authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the provisions of this section, not to exceed $75,000,000 for the fiscal year ending June 30, 1975, and not to exceed $50,000,000 for the fiscal year ending June 30, 1976, and not to exceed $25,000,000 for the fiscal year ending June 30, 1977.
"LOANS FOR IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS
"SEC. 108. (a) The Administrator is authorized to make loans pursuant to this section to any State, municipal, or inter-municipal agency for the implementation of resource recovery systems in those areas where resource recovery systems in private industry are unable to assure the energy and materials recovery or disposal of all materials generated in collection activities.
"(b) (1) A loan under this section for the implementation of a resource recovery system may be made only if the proposed system (A) is consistent with any plans which meet the requirements of section 105(d) (2) of this Act; (B) is consistent with any guidelines recommended pursuant to section 104(b) (4) of this Act; (C) is designed to provide areawide resource recovery systems consistent with the purposes of this Act, as determined by the Administrator, pursuant to regulations promulgated under subsection (e) 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 amount of the loan for any project to which paragraph (1) applies shall be not more than 75 per centum of the project costs as determined under subsection (e) of section 106 of this Act, and such amounts shall be available at an interest rate not to exceed 3 per centum per annum, as determined by the Administrator.
"(3) A loan for any project under this section shall be granted by the Administrator on condition that it be repaid within a period of not more than twenty years from the date of the loan, except that, on an annual basis, the Administrator shall reduce such payment of principal and interest due for that year by an amount equal to one-half of any funds received by the loan recipient from the sale of solid waste, or material derived therefrom, which has been recovered from operation of the resource recovery system during the previous year.
"(c) (1) The Administrator, within one hundred eighty days after the date of enactment of this section, shall promulgate regulations establishing procedures for awarding loans under this section which shall include deadlines for submission, and action on, loan requests.
"(2) In taking action on applications for loans under this section, consideration shall be given by the Administrator (A) to the public benefits to be derived by the construction and operation and the propriety of Federal aid in making such loans; (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) ; and (C) to the use by the applicant of comprehensive regional or metropolitan area planning.
"(d) No loan shall be made under this section for any project in a State which on or after July 1, 1976, is not eligible for a grant under subsection (b) of section 106 of this Act.
"(e) There are authorized to be appropriated to the Administrator, for repayment of loans to carry out the provisions of this section, such sums as may be necessary.
"GRANTS OR CONTRACTS FOR TRAINING PROJECTS
"SEC. 109. (a) The Administrator 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 a project which may be funded by grant under subsection (b) of this section.
"(b) (1) Subject to the provisions of paragraph (2), grants or contracts may be made to pay all or a part of the costs, as may be determined by the Administrator, of any project operated or to be operated by an eligible organization, which is designed
"(A) to develop, expand, or carry out a program (which may combine training, education, and employment) for training persons for occupations involving the management, supervision, design, operation, or maintenance of solid waste disposal and resource recovery equipment and facilities; and
"(B) to train instructors and supervisory personnel to train or supervise persons in occupations involving the design, operation, and maintenance of solid waste disposal and resource recovery equipment and facilities.
"(2) A grant or contract authorized by paragraph (1) of this subsection may be made only upon application to the Administrator at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it provides for the same procedures and reports (and access to such reports and to other records) as is required by section 105(d) (4) and (5) with respect to applications made under such section.
FEDERAL AGENCY ACTIVITIES
"SEC. 110. (a) Not later than one hundred twenty days after the date of enactment of this Act, the Administrator shall, after consultation with other appropriate Federal agencies, publish in the Federal Register proposed regulations recommending effective resource recovery and solid waste management practices for use by Federal agencies. These regulations shall–
"(1) establish guidelines that, to the maximum extent feasible, assure the purchase by Federal agencies of materials and products which have been recycled and may be recycled or reused when discarded;
"(2) encourage all Federal agencies to minimize the accumulation of solid waste by limiting, to the greatest extent practicable, the volume of materials and products used and discarded, and
"(3) encourage each agency to establish systems for the collection of materials for recycling (or energy recovery), reuse and provide assurance that such material and products, once collected, win be made available, whenever possible, to an appropriate public agency or private industry for reuse or recycling;
"(b) (1) Not later than one hundred and twenty days after the date of enactment of this Act, the Administrator, in cooperation with the Administrator of the General Services Administration and the Public Printer, shall publish in the Federal Register proposed regulations establishing guidelines for use of recycled paper and paper products by all agencies of the Federal Government as well as public and private agencies, individuals, and organizations who contract with the Federal Government.
"(2) Such regulations shall designate categories of paper and paper products with the
greatest potential and feasibility of being composed of recycled paper and materials and shall specify the nature and percentage of such recycled materials to be contained in such products. Such regulations shall require that all Federal agencies and all Federal contractors, in the performance of their contract work, shall use recycled paper and paper products meeting the specifications of regulations promulgated pursuant to this paragraph in all purchases or acquisitions of any property having a fair market value of $5,000 or more and with respect to any purchase or acquisition on a recurring or continuing basis of the same or a functionally equivalent material, product, or item where the fair market value of the quantity thereof purchased or acquired in the course of the preceding fiscal year was $5,000 or more.
"(b) The requirements of paragraphs (1) and (2) of this section shall not apply to any procurement by a procuring agency it the procurement item which meets such requirements and regulations (A) is not reasonably available within a reasonable period of time; (B) does not meet reasonable performance standards set by such agency; (C) is only available at a price which unreasonably exceeds the current market price for competing items; or (D) cannot be purchased consistent with any other Federal law.
"(c) The Administrator shall publish final regulations to implement subsection (a) and subsection (b) respectively within one hundred and twenty days after publication of the proposed regulations, and such regulations shall become effective not more than one hundred eighty days thereafter.
"(d) The President shall prescribe regulations to carry out this section which shall insure that
"(1) each executive agency (as defined in section 105 of title 5, United States Code) shall insure compliance of its own activities with the regulations recommended under this section and the purposes of this Act;
"(2) each executive agency which enters into a contract with any person for the operation by such person of any Federal property or facility or the performance by such person of any function of that agency. shall insure compliance with the regulations. recommended under this section and the purposes of this Act in the operation or administration of such property or facility,. or the performance of such contract, as the case may be;
"(3) each executive agency which permits the use of Federal property for purposes of disposal of solid waste shall insure compliance with the regulations recommended under this section and the purposes of this Act in the disposal of such waste; and
"(4) 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 regulations recommended under this section and the purposes of this Act.
"(e) The President may exempt any single activity or facility of any department, agency, or instrumentality in the executive branch from compliance with any regulations recommended under this section if bell determines it to be in the paramount interest of the United States to do so; except, that no exemption shall be granted due to lack of appropriation unless the President. shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess. of one year, but additional exemptions may be granted for periods of not to exceed one . year upon the President's making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted
during the preceding calendar year, together his reason for granting such exemption.
PACKAGING, PRODUCTS, AND CONTAINERS
SEC. 111. (a) The administrator, after consultation with appropriate Federal, state, interstate and municipal agencies and other interested persons, shall within six months after the date of enactment of this Act (and from time to time thereafter revise) publish criteria to be used in classifying products, containers, and packaging based upon (1) the solid waste disposal, resource consumption, and energy consumption problems caused by the items. (2) The potential for significant reuse of such items, and (3) the potential for resource recovery or recyclability of such items.
(b) Within 90 days after the date of publication of the criteria under subsection (a) of this section, the Administrator shall publish (and from time to time thereafter revise) publish a list of items for which regulations will be published under this section. Such list shall be based on a balancing of the factors considered in the criteria published under subsection (a) of this section.
(c) Within 180 days after the date of publication of the list under subsection (b) of this section, the Administrator, in accordance with section 553 of title 5 of the U.S. Code, shall publish proposed regulations for the manufacture, distribution, reuse, and recycling of products, containers, or packaging. Such standards may include minimum percentages of recycled materials which shall be contained in such items, maximum permissible quantities of component materials and may prescribe methods of distribution for certain items and prohibitions against the manufacture and sale of specific items. The Administrator shall publish a notice for a public hearing on such proposed regulations to be held witch in sixty (60) days. As soon as possible after such hearing, but not later than six months after publication of the proposed regulations, unless the Administrator finds, on the record, that a modification of such proposed standard is justified based upon a preponderance of evidence adduced at such hearings, such standard shall be promulgated.
If after a public hearing the Administrator finds that a modification of such proposed standard is justified, revised regulations shall be promulgated immediately. Such regulations shall be reviewed and, if appropriate, revised at least every three years.
"SEC. 112(a). Not later than one year after enactment of this Act the Administrator, after a public hearing, shall publish–
(1) a classification system of major items of solid waste based upon–
(A) the solid waste and resource consumption problems caused by the item,
(B) the potential for increasing the useful life of the item, and
(G) such other factors, as deemed appropriate; and
(2) proposed regulations establishing the minimum life for major Items classified as contributing significantly to solid waste or resource consumption problems and having substantial potential for increased useful life.
(b) The Administrator may establish a system of fees or some other mechanism or system to encourage reconditioning, reuse, recycling, or disposal without harm to the environment or violation of any applicable air or water quality requirements of major items.
(c) Not later than 120 days after publication of the proposed regulations the Administrator after public hearings shall publish final regulations governing major items of solid waste which regulations shall become elective 24 months after publication.
"(d) The Administrator shall require that any major item of solid waste for which standards have been promulgated pursuant to this section and which is manufactured after the date or which such standards become effective shall include a label which specifies the conditions set out in the standard for that major item of solid waste for its reuse, recycling, or disposal and shall include information as to any reimbursable fees payable to the holder of that major item of solid waste at such time as the item is returned for reuse, recycling, or disposal as indicated on the label.
"IMPORTS
SEC. 113. Any product offered for entry into the United States for which a standard has become effective pursuant to section 111 or 112 of this Act, which is not accompanied by a certificate of compliance in the form prescribed by the Administrator, shall be refused entry into the United States. If a product is refused entry, the Secretary of the Treasury shall refuse delivery to the consignee and shall require storage of any product refused delivery which has not been exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe, except that the Secretary of the Treasury may deliver to the consignee such product pending examination and decision in the matter on execution of bond for the amount of the full invoice value of such product, together with the duty thereon, and on refusal to return such product for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding it from the country, or for any purpose, said consignee shall forfeit the full amount of said bond. All charges for storage, cartage, and labor on products which are refused admission or delivery under this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee.
"PROHIBITED ACTS
"SEC. 114 (a) Except as otherwise provided in subsection (b) of this section, the following acts or the causing thereof are prohibited:
" (1) At any time later than one year after publication of Anal regulations for products, packaging, and containers under section 111 of this Act, the manufacture, distribution, sale, or offering for sale of any product packaging, or container not in compliance with such regulations;
"(2) the manufacture, distribution, sale, or offering for sale of any major item of solid waste in violation of conditions or procedures established by standards promulgated and in effect for such major items of solid waste in accordance with section 112 of this Act;
"(3) the removal by any person of any label affixed to a major item of solid waste pursuant to regulations promulgated under section 112(d) of this Act prior to sale of such item to the ultimate purchaser, or the sale of a major item of solid waste from which such label has been removed;
"(4) the importation into the United States for resale by any person of any consumer product or major item of solid waste in violation of regulations promulgated under section 113 of this Act that are applicable to such product;
"(5) the failure of any person to comply with any order issued under section 115 (d) of this Act.
"(b) The Administrator may, after public hearings exempt for a specified period of time not to exceed one year, any major item of solid waste or class thereof, from paragraphs (1) and (3) of subsection (a) of this section upon such terms and conditions as he may find necessary to protect the public health or welfare, for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security.
"ENFORCEMENT
"SEC. 115. (a) Any person who willfully violates paragraph (1), (2), (3), or (4) of subsection (a) of section 114 of this Act shall be punished by a fine of not more than $5,000 for each violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $10,000 for each violation, or by imprisonment for not more than two years, or by both.
"(b) Any person who violates paragraph (1), (2), (3), or (4) of subsection (a) of section 113 of this Act shall be subject to a civil penalty of not more than $5,000 for each violation.
"(c) The district courts of the United States shall have jurisdiction of actions brought by and in the name of the United States to restrain any violation of section 114 of this Act.
"(d) Whenever any person is in violation of section 114(a) of this Act, the Administrator shall issue an order specifying such relief as he determines is necessary to protect the public health and welfare. Such relief may include an order requiring such person to cease such violation, and may also include the seizure of any such products by the Administrator.
"(2) Any order under this subsection shall be issued only after notice and opportunity for a hearing in accordance with section 554 of title 5 of the United States Code.
"CITIZEN SUITS
"SEC. 116. (a) Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf.
"(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any certification, standard or regulation which has become effective pursuant to this Act; and
"(2) against the Administrator of the Environmental Protection Agency where there is alleged a failure of such Administrator to perform any act or duty under this Act which is not discretionary with such Administrator.
The district courts of the United States shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such standard or requirement or to order such Administrator to perform such act or duty, as the case may be.
"(b) No action may be commenced
" (1) under subsection (a) (1) of this section
"(A) prior to thirty days after the plaintiff has given notice of the violation (i) to the administrator of the Environmental Protection Agency and (ii) to any alleged violator of such certification, standard or regulation, or
"(B) if the Administrator has commenced and is diligently prosecuting a civil action to require compliance with such certification, standard or regulation, but in any such action in a court of the United States any person may intervene as a matter of right; or
"(2) under subsection (a) (2) of this section prior to thirty days after the plaintiff has given notice to the defendant that he will commence such action.
Notice under this subsection shall be given in such manner as the Administrator of the Environmental Protection Agency shall prescribe by regulation.
"(c) In an action under this section, the Administrator of the Environmental Protection Agency may intervene as a matter of right.
"(d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate.
"(e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to solid waste management or to seek any other relief (including relief against the Administrator).
"JUDICIAL REVIEW
"SEC. 117. Any judicial review of final regulations promulgated under this Act shall be in accordance with sections 701-706 of title 5 of the United States Code, except that–
"(a) a petition for review of action of the Administrator in promulgating any standard, regulation, or labeling requirements under this Act may be filed only in the United States Court of Appeals for the District of Columbia. Any such petition shall be filed within sixty days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such sixtieth day. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil proceedings for enforcement except as to whether the administrative and judicial procedures of this Act have been observed;
"(b) if a party seeking review under this Act applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, and his recommendation, if any, for the modification setting aside of his original order, with the return of such additional evidence;
"(c) with respect to relief pending review of an action by the Administrator, no stay of an agency action may be granted unless the reviewing court determines that the party seeking such stay is (1) likely to prevail on the merits in the review proceeding and (2) will suffer irreparable harm pending such proceeding.
"RECORDS, REPORTS, AND INFORMATION
"SEC. 118(a) Any manufacturer, distributor, or other seller of a product, package, or container of any major item of solid waste for which any certification, standard, or regulation has been promulgated pursuant to this Act shall (1) establish and maintain such records, make such reports, and provide such information as the Administrator may reasonably require to enable him to determine whether such manufacturer, distributor, or other seller has acted or is acting in compliance with this Act, and (2) upon request of an officer or employee duly designated by the Administrator, permit such officer or employee at reasonable times to have access to such information, Provided, however, That such records, reports or other materials as are required by this subsection to be shown to the Administrator shall not be used as evidence in any action under subsection (a) of section 114 of this Act.
"(b) For the purpose of obtaining information to carry out this Act, the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of contumacy or refusal to obey a subpoena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce papers, books, and documents, before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
"(c) Any records, reports, or information obtained under this section shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information or particular part thereof to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets
of such person, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 19.05 of title 18 of the United States Code, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act or when relevant' in any proceeding under this Act. Nothing in this section shall authorize the withholding of information by the Administrator or any officer or employee under his control, from the duly authorized committees of the Congress.
"(d) Any communication from a person or any Federal agency to the Administrator or any other employee of the Agency concerning a matter under consideration in a rulemaking or adjudicatory proceeding in the Agency shall be made a part of the public file of that proceeding and shall be available for inspection during regular business hours unless it is a communication entitled to protection under subsection (c) of this section.
"(e) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act shall upon conviction be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both.
"PUBLIC RULEMAKING
"SEC. 119. After publication of any proposed standards or regulations under this Act, the Administrator shall, after adequate notice, hold a public hearing on the proposed standards or regulations and shall also allow the public an opportunity to participate in rulemaking in accordance with section 553 of title 5, United States Code.
"ANNUAL REPORT
"SEC. 120. (a) The Administrator shall compile and publish annually a report to the Congress
"(1) the status and progress of activities relating to reduction of solid waste and the reuse, recycling, and disposal of solid waste;
"(2) the impact of Federal procurement, regulatory, and tax and economic policies on resource recovery and recycling;
"(3) the development of markets for recycled materials;
"(4) the adequacy of disposal sites for hazardous wastes and other disposal items;
"(5) efforts of state and local governments and private industry in improved solid waste management;
"(6) new technological developments and other processes and systems to improve solid
waste management and resource recovery efforts;
"(7) the need for training and recruiting personnel for solid waste management programs;
"(8) the status of any enforcement actions taken by the Administrator;
"(b) No report required in accordance with the provisions of this section, nor any draft or portion thereof, shall be submitted to the Office of Management and Budget or any other Federal agency on a date any earlier than that on which such report, or draft or portion thereof, is submitted to the Congress.
"LABOR STANDARDS
"SEC. 121. No grant for a project of construction under this Act shall be made unless the Administrator finds that the application contains or is supported by reasonable assurance that all laborers and mechanics employed by contractors or subcontractors on projects of the type covered by the Davis Bacon Act, as amended (40 U.S.C. 276a-276a-5), will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with that Act and the Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c),
"EMPLOYEE PROTECTION
"SEC. 122. (a) No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted, any, proceeding under this Act, or has testified or is about to testify in any proceedings related to or resulting from the administration or enforcement of the provisions of this Act.
"(b) Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation-occurs, apply to the Secretary of Labor for a review of such firing or alleged discrimination. A copy of the ap- plication shall be sent to such person who shall be the respondent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information . relating to such alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 544 of title 5 of the United States Code. Upon receiving the report of such investigation, the Secretary of Labor shall make findings of fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein and his findings, requiring the party committing such violation to take such affirmative action to abate the violation as the Secretary of Labor deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with compensation. If he finds that there was no such violation, he shall issue an order denying the application. Such order issued by the Secretary of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the Administrator are subject to judicial review under this Act.
"(c) Whenever an order is issued under this section to abate such violation, at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees), as determined by the Secretary of Labor to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the person committing such violation.
"(d) This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates or causes to be violated any prohibition or limitation established under this Act or who commits any act prohibited by this Act.
"(e) The Administrator shall conduct continuing evaluations of potential loss or shifts of employment which may result from the issuance of any standard, regulation or order under this Act, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such standard, regulation or order. Any employee who is discharged or laid off, threatened with discharge or lay off, or otherwise discriminated against by any person because of the alleged results of any standard, regulation or order issued, under this Act, or any representative of, such employee, may request the Administrator to conduct a full investigation of the matter. The Administrator shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days notice, and shall at such hearings require the parties, including the employer involved, to present information relating to the actual or potential effect of such standard, regulation or order on employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. Upon receiving the report of such investigation, the Administrator shall make findings of fact as to the effect of such standard, regulation or order on employment and on the alleged discharge, lay off, or discrimination and shall make such recommendations as he deems appropriate. Such report; findings, and recommendations shall be available to the public. Nothing in this subsection shall be construed to require or authorize the Administrator to modify or withdraw any standard, regulation or order issued under this Act."
"STATE AND LOCAL AUTHORITY
"SEC. 123. Nothing. in this Act shall be interpreted as precluding, or denying the right of any State or political subdivision thereof to adopt or enforce any standard or regulation regulating to solid waste management or reuse, recycling, or disposal of solid waste which is more stringent than standards or regulations imposed under this Act.
"GENERAL. PROVISIONS
"SEC. 124. (a) Payments of grants under this Act may be made (after necessary adjustment on account of previously made under-payments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Administrator may determine.
"(b) No grant may be made under this Act to private profit-making organization.
"(c) There are authorized to be appropriated to the Administrator of the Environmental Protection Agency to carry out the Provisions of this Act, other than section 106 and section 107 not to exceed $50,000,000 for the fiscal year ending June 30, 1975, not to exceed $60,000,000 for the fiscal year ending June 30, 1976, and not to exceed $70,000,000 for the fiscal year ending June 30, 1977.
"(d) There are authorized to be appropriated to the Secretary of the Interior to carry out this Act not to exceed $25,000,000 for the fiscal year ending June 30, 1975, not to exceed $25,000,000 for the fiscal year ending June 30, 1976, and not to exceed $25,000,000 for the fiscal year ending June 30, 1977. Prior to expanding any funds authorized to be appropriated by this subsection, the Secretary of the Interior shall consult with the Administrator of the Environmental Protection Agency to assure that the expenditure of such funds will be consistent with the purposes of this Act.
"(e) Such portion as the Administrator may determine but not more than 1 per centum, of any appropriation for grants, contracts, or other payments under any provision of this Act for any fiscal year beginning, after June 30, 1970, shall be available for evaluation (directly, or by grants or contracts) of any program authorized by this Act.
"(f) Sums appropriated under this Act shall remain available until expended.
"(g) Any and all documents submitted to the Congress, the Office of Management and Budget, or any other Federal agency with respect to a. proposed budget to implement any. of the provisions of this Act shall be made available for public inspection during regular business hours at a. place to be designated by the Administrator.
"SEPARABILITY
"SEC. 125. If any provision of this Act, or the application of any provision of this Act to any person or circumstance is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby."
"WATER POLLUTION FROM SANITARY LANDFILLS
"SEC. 126. Subsection 3044" (e) (2) of the Federal Water Pollution Control Act is amended by striking "and" at the end of subparagraph (E), inserting "and" at the end of subparagraph (F) and adding a new subparagraph to read as follows:
"(G) sanitary landfills sites and other solid waste disposal activities:"