
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6948]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
           SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS
 
Sec. 6948. Federal assistance


(a) Authorization of Federal financial assistance

    (1) There are authorized to be appropriated $30,000,000 for fiscal 
year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for fiscal year 
1980, $15,000,000 for fiscal year 1981, $20,000,000 for the fiscal year 
1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for 
purposes of financial assistance to States and local, regional, and 
interstate authorities for the development and implementation of plans 
approved by the Administrator under this subchapter (other than the 
provisions of such plans referred to in section 6943(b) \1\ of this 
title, relating to feasibility planning for municipal waste energy and 
materials conservation and recovery).
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    \1\ See References in Text note below.
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    (2)(A) The Administrator is authorized to provide financial 
assistance to States, counties, municipalities, and intermunicipal 
agencies and State and local public solid waste management authorities 
for implementation of programs to provide solid waste management, 
resource recovery, and resource conservation services and hazardous 
waste management. Such assistance shall include assistance for facility 
planning and feasibility studies; expert consultation; surveys and 
analyses of market needs; marketing of recovered resources; technology 
assessments; legal expenses; construction feasibility studies; source 
separation projects; and fiscal or economic investigations or studies; 
but such assistance shall not include any other element of construction, 
or any acquisition of land or interest in land, or any subsidy for the 
price of recovered resources. Agencies assisted under this subsection 
shall consider existing solid waste management and hazardous waste 
management services and facilities as well as facilities proposed for 
construction.
    (B) An applicant for financial assistance under this paragraph must 
agree to comply with respect to the project or program assisted with the 
applicable requirements of section 6945 of this title and subchapter III 
of this chapter and apply applicable solid waste management practices, 
methods, and levels of control consistent with any guidelines published 
pursuant to section 6907 of this title. Assistance under this paragraph 
shall be available only for programs certified by the State to be 
consistent with any applicable State or areawide solid waste management 
plan or program. Applicants for technical and financial assistance under 
this section shall not preclude or foreclose consideration of programs 
for the recovery of recyclable materials through source separation or 
other resource recovery techniques.
    (C) There are authorized to be appropriated $15,000,000 for each of 
the fiscal years 1978 and 1979 for purposes of this section. There are 
authorized to be appropriated $10,000,000 for fiscal year 1980, 
$10,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and 
$10,000,000 for each of the fiscal years 1985 through 1988 for purposes 
of this paragraph.
    (D) There are authorized--
        (i) to be made available $15,000,000 out of funds appropriated 
    for fiscal year 1985, and
        (ii) to be appropriated for each of the fiscal years 1986 though 
    \2\ 1988, $20,000,000 \3\
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    \2\ So in original. Probably should be ``through''.
    \3\ So in original. Probably should be followed by a comma.

for grants to States (and where appropriate to regional, local, and 
interstate agencies) to implement programs requiring compliance by solid 
waste management facilities with the criteria promulgated under section 
6944(a) of this title and section 6907(a)(3) of this title and with the 
provisions of section 6945 of this title. To the extent practicable, 
such programs shall require such compliance not later than thirty-six 
months after November 8, 1984.
    (3)(A) There is authorized to be appropriated for the fiscal year 
beginning October 1, 1981, and for each fiscal year thereafter before 
October 1, 1986, $4,000,000 for purposes of making grants to States to 
carry out section 6943(b) \4\ of this title. No amount may be 
appropriated for such purposes for the fiscal year beginning on October 
1, 1986, or for any fiscal year thereafter.
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    \4\ See References in Text note below.
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    (B) Assistance provided by the Administrator under this paragraph 
shall be used only for the purposes specified in section 6943(b) \4\ of 
this title. Such assistance may not be used for purposes of land 
acquisition, final facility design, equipment purchase, construction, 
startup or operation activities.
    (C) Where appropriate, any State receiving assistance under this 
paragraph may make all or any part of such assistance available to 
municipalities within the State to carry out the activities specified in 
section 6943(b)(1)(A) and (B) \4\ of this title.

(b) State allotment

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

(c) Distribution of Federal financial assistance within the State

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

(d) Technical assistance

    (1) The Administrator may provide technical assistance to State and 
local governments for purposes of developing and implementing State 
plans. Technical assistance respecting resource recovery and 
conservation may be provided through resource recovery and conservation 
panels, established in the Environmental Protection Agency under 
subchapter II of this chapter, to assist the State and local governments 
with respect to particular resource recovery and conservation projects 
under consideration and to evaluate their effect on the State plan.
    (2) In carrying out this subsection, the Administrator may, upon 
request, provide technical assistance to States to assist in the removal 
or modification of legal, institutional, economic, and other impediments 
to the recycling of used oil. Such impediments may include laws, 
regulations, and policies, including State procurement policies, which 
are not favorable to the recycling of used oil.
    (3) In carrying out this subsection, the Administrator is authorized 
to provide technical assistance to States, municipalities, regional 
authorities, and intermunicipal agencies upon request, to assist in the 
removal or modification of legal, institutional, and economic 
impediments which have the effect of impeding the development of systems 
and facilities to recovery energy and materials from municipal waste or 
to conserve energy or materials which contribute to the waste stream. 
Such impediments may include--
        (A) laws, regulations, and policies, including State and local 
    procurement policies, which are not favorable to resource 
    conservation and recovery policies, systems, and facilities;
        (B) impediments to the financing of facilities to conserve or 
    recover energy and materials from municipal waste through the 
    exercise of State and local authority to issue revenue bonds and the 
    use of State and local credit assistance; and
        (C) impediments to institutional arrangements necessary to 
    undertake projects for the conservation or recovery of energy and 
    materials from municipal waste, including the creation of special 
    districts, authorities, or corporations where necessary having the 
    power to secure the supply of waste of a project, to conserve 
    resources, to implement the project, and to undertake related 
    activities.

(e) Special communities

    (1) The Administrator, in cooperation with State and local 
officials, shall identify local governments within the United States (A) 
having a solid waste disposal facility (i) which is owned by the unit of 
local government, (ii) for which an order has been issued by the State 
to cease receiving solid waste for treatment, storage, or disposal, and 
(iii) which is subject to a State-approved end-use recreation plan, and 
(B) which are located over an aquifer which is the source of drinking 
water for any person or public water system and which has serious 
environmental problems resulting from the disposal of such solid waste, 
including possible methane migration.
    (2) There is authorized to be appropriated to the Administrator 
$2,500,000 for the fiscal year 1980 and $1,500,000 for each of the 
fiscal years 1981 and 1982 to make grants to be used for containment and 
stabilization of solid waste located at the disposal sites referred to 
in paragraph (1). Not more than one community in any State shall be 
eligible for grants under this paragraph and not more than one project 
in any State shall be eligible for such grants. No unit of local 
government shall be eligible for grants under this paragraph with 
respect to any site which exceeds 65 acres in size.

(f) Assistance to States for discretionary program for recycled oil

    (1) The Administrator may make grants to States, which have a State 
plan approved under section 6947 of this title, or which have submitted 
a State plan for approval under such section, if such plan includes the 
discretionary provisions described in section 6943(b) of this title. 
Grants under this subsection shall be for purposes of assisting the 
State in carrying out such discretionary provisions. No grant under this 
subsection may be used for construction or for the acquisition of land 
or equipment.
    (2) Grants under this subsection shall be allotted among the States 
in the same manner as provided in the first sentence of subsection (b) 
of this section.
    (3) No grant may be made under this subsection unless an application 
therefor is submitted to, and approved by, the Administrator. The 
application shall be in such form, be submitted in such manner, and 
contain such information as the Administrator may require.
    (4) For purposes of making grants under this subsection, there are 
authorized to be appropriated $5,000,000 for fiscal year 1982, 
$5,000,000 for fiscal year 1983, and $5,000,000 for each of the fiscal 
years 1985 through 1988.

(g) Assistance to municipalities for energy and materials conservation 
        and recovery planning activities

    (1) The Administrator is authorized to make grants to 
municipalities, regional authorities, and intermunicipal agencies to 
carry out activities described in subparagraphs (A) and (B) of section 
6943(b)(1) \5\ of this title. Such grants may be made only pursuant to 
an application submitted to the Administrator by the municipality which 
application has been approved by the State and determined by the State 
to be consistent with any State plan approved or submitted under this 
subchapter or any other appropriate planning carried out by the State.
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    \5\ See References in Text note below.
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    (2) There is authorized to be appropriated for the fiscal year 
beginning October 1, 1981, and for each fiscal year thereafter before 
October 1, 1986, $8,000,000 for purposes of making grants to 
municipalities under this subsection. No amount may be appropriated for 
such purposes for the fiscal year beginning on October 1, 1986, or for 
any fiscal year thereafter.
    (3) Assistance provided by the Administrator under this subsection 
shall be used only for the purposes specified in paragraph (1). Such 
assistance may not be used for purposes of land acquisition, final 
facility design, equipment purchase, construction, startup or operation 
activities.

(Pub. L. 89-272, title II, Sec. 4008, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2818; amended Pub. L. 96-463, Secs. 5(b), 6, 
Oct. 15, 1980, 94 Stat. 2057; Pub. L. 96-482, Secs. 20, 31(c), (d), 
32(e), (f), Oct. 21, 1980, 94 Stat. 2345, 2352, 2354, 2355; Pub. L. 98-
616, Sec. 2(d)-(g), (k), title V, Sec. 502(d), (e), Nov. 8, 1984, 98 
Stat. 3222, 3223, 3276.)

                       References in Text

    Section 6943(b) of this title, referred to in subsecs. (a)(1), (3) 
and (g)(1), was redesignated section 6943(c) of this title by Pub. L. 
98-616, title V, Sec. 502(h), Nov. 8, 1984, 98 Stat. 3277.

                          Codification

    Section 2(d)-(g) of Pub. L. 98-616, cited as a credit to this 
section, appears to contain typographical error in that the text of 
subsec. (f)(1) of section 2007 of the Solid Waste Disposal Act (as added 
by section 2(i) of Pub. L. 98-616) is also shown as the text of subsec. 
``(f)(1)'' of such section 2. Subsec. (f) of section 2, as set out in 
the Conference Report (H. Rept. 98-1133) to accompany H.R. 2867 (which 
became Pub. L. 98-616) read:
    ``(f) Section 4008(e)(2) of the Solid Waste Disposal Act (relating 
to special communities) is amended by striking out `and $1,500,000 for 
each of the fiscal years 1981 and 1982' and substituting `, $1,500,000 
for each of the fiscal years 1981 and 1982, and $500,000 for each of the 
fiscal years 1985 through 1988'.''
    Another section 5(b) of Pub. L. 96-463 amended section 6943 of this 
title.


                               Amendments

    1984--Subsec. (a)(1). Pub. L. 98-616, Sec. 2(d), authorized 
appropriation of $10,000,000 for each of fiscal years 1985 through 1988.
    Subsec. (a)(2)(C). Pub. L. 98-616, Sec. 2(e), authorized 
appropriation of $10,000,000 for each of fiscal years 1985 through 1988.
    Subsec. (a)(2)(D). Pub. L. 98-616, Sec. 2(k), added subpar. (D).
    Subsec. (d)(2), (3). Pub. L. 98-616, Sec. 502(d), redesignated 
second par. (2), relating to recovery of energy and materials from 
municipal waste, as par. (3).
    Subsec. (f). Pub. L. 98-616, Sec. 502(e), redesignated second 
subsec. (f), relating to assistance to municipalities for energy and 
materials conservation and recovery planning activities, as subsec. (g).
    Subsec. (f)(4). Pub. L. 98-616, Sec. 2(g), authorized appropriation 
of $5,000,000 for each of fiscal years 1985 through 1988.
    Subsec. (g). Pub. L. 98-616, Sec. 502(e), redesignated second 
subsec. (f), relating to assistance to municipalities for energy and 
materials conservation and recovery planning activities, as subsec. (g).
    1980--Subsec. (a)(1). Pub. L. 96-482, Sec. 31(c), authorized 
appropriations of $20,000,000, $15,000,000, and $20,000,000 for fiscal 
years, 1980, 1981, and 1982, respectively, and substituted provision 
making appropriation available for financial assistance to States, and 
local, regional, and interstate authorities for development and 
implementation of plans approved by the Administrator, except plans 
referred to in section 6943(b) of this title, relating to feasibility 
planning for municipal waste energy and materials conservation and 
recovery for provision making appropriations available to State for 
development and implementation of State plans.
    Subsec. (a)(2)(B). Pub. L. 96-482, Sec. 32(e)(1), provided that 
applicants for technical and financial assistance shall not preclude or 
foreclose consideration of programs for recovery of recyclable materials 
through source separation or other resource recovery techniques.
    Subsec. (a)(2)(C). Pub. L. 96-482, Sec. 31(d), authorized 
appropriation of $10,000,000 for each fiscal year 1980, 1981, and 1982.
    Subsec. (a)(3). Pub. L. 96-482, Sec. 32(e)(2), added par. (3).
    Subsec. (d). Pub. L. 96-463, Sec. 6, and Pub. L. 96-482, Sec. 32(f), 
designated existing provisions as par. (1).
    Subsec. (d)(2). Pub. L. 96-463, Sec. 6, added par. (2) authorizing 
the Administrator to provide technical assistance to States to assist in 
the removal or modification of legal, institutional, economic, and other 
impediments to the recycling of used oil.
    Pub. L. 96-482, Sec. 32(f), added par. (2) authorizing the 
Administrator to provide technical assistance to States, municipalities, 
regional authorities, and intermunicipal agencies to assist in the 
removal or modification of legal, institutional, and economic 
impediments which have the effect of impeding the development of systems 
and facilities to recover energy and materials from municipal waste.
    Subsec. (e)(1). Pub. L. 96-482, Sec. 20(1)-(5), substituted in 
provision preceding cl. (A) ``identify local governments'' for 
``identify communities'', struck out cl. (A), which required the 
Administrator to identify populations of less than twenty-five thousand 
persons, redesignated cls. (B) and (C) as (A) and (B), respectively, in 
cl. (A) as so redesignated, substituted ``a solid waste disposal 
facility (i) which is owned by the unit of local government, (ii) for 
which an order has been issued by the State to cease receiving solid 
waste for treatment, storage, or disposal, and (iii) which is subject to 
a State-approved end-use recreation plan'' for ``solid waste disposal 
facilities in which more than 75 per centum of the solid waste of is 
from areas outside the jurisdiction of the communities'' in cl. (B) as 
so redesignated, substituted ``which are located over an aquifer which 
is the source of drinking water for any person or public water system 
and which has'' for ``which have'' and inserted ``, including possible 
methane migration'' after ``such solid waste''.
    Subsec. (e)(2). Pub. L. 96-482, Sec. 20(6)-(8), substituted 
appropriations authorization of $2,500,000; $1,500,000; and $1,500,000 
for fiscal years 1980, 1981, and 1982, for prior authorization of 
$2,500,000 for fiscal years 1978 and 1979, substituted provision for 
grants for ``containment and stabilization of solid waste located at the 
disposal sites referred to in paragraph (1)'' for such grants for ``the 
conversion, improvement, or consolidation of existing solid waste 
disposal facilities, or for the construction of new solid waste disposal 
facilities, or for both, within communities identified under paragraph 
(1)'', and prohibited grants to units of local government when site 
exceeds 65 acres in size.
    Subsec. (e)(3). Pub. L. 96-482, Sec. 20(9), struck out par. (3) 
which required that grants to States be made only when the projects are 
consistent with applicable and approved State plan and will assist in 
carrying out such plan.
    Subsec. (f). Pub. L. 96-463, Sec. 5(b), added subsec. (f) relating 
to assistance to States for discretionary program for recycled oil.
    Pub. L. 96-482, Sec. 32(e)(3), added subsec. (f) relating to 
assistance to municipalities for energy and materials conservation and 
recovery planning activities.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection Agency under this chapter to 
Federal Inspector, Office of Federal Inspector for the Alaska Natural 
Gas Transportation System, and subsequent transfer to Secretary of 
Energy, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6916, 6943 of this title.
