42 U.S.C. § 6964: Applicability of solid waste…

Summary

Federal agencies must follow the solid-waste guidelines in section 6907 and the goals of this law whenever they operate, manage, or hire someone to run any federal property or facility that involves handling solid waste. This rule also applies when an agency creates waste that would need a permit if a private person did it, and when federal land is allowed to be used for waste disposal. Executive agency means a federal department or agency. The President and certain congressional committees must make rules to carry out these requirements. Before a federal agency issues any license or permit for disposing of solid waste, the agency must consult with the Administrator to make sure the license or permit follows the section 6907 guidelines and the law’s purposes.

Title 42, §6964

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Compliance

(1)If—

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

(B)such an agency enters into a contract with any person for the operation by such person of any Federal property or facility, and the performance of such contract involves such person in solid waste management activities,

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

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

(A)which generates solid waste, and

(B)which, if conducted by a person other than such agency, would require a permit or license from such agency in order to dispose of such solid waste,

shall insure compliance with such guidelines and the purposes of this chapter in conducting such activity.

(3)Each Executive agency which permits the use of Federal property for purposes of disposal of solid waste shall insure compliance with such guidelines and the purposes of this chapter in the disposal of such waste.

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

(b)Licenses and permits

Each Executive agency which issues any license or permit for disposal of solid waste shall, prior to the issuance of such license or permit, consult with the Administrator to insure compliance with guidelines recommended under section 6907 of this title and the purposes of this chapter.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Amendments

1996—Subsec. (a)(4). Pub. L. 104–186 substituted “House Oversight” for “House Administration”. 1980—Subsec. (a)(1)(A). Pub. L. 96–482, § 23(1), inserted reference to any unit of the legislative branch of the Federal Government. Subsec. (a)(2). Pub. L. 96–482, § 23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines. Subsec. (a)(4). Pub. L. 96–482, § 23(3), required House Committee on House Administration and Senate Committee on Rules and Administration with regard to any unit of the legislative branch of the Federal Government to prescribe implementing

Regulations

. 1978—Subsec. (a)(1). Pub. L. 95–609, § 7(o)(1), (2), substituted “management” for “disposal” in two places. Subsec. (b). Pub. L. 95–609, § 7(o)(3), substituted “Administrator” for “Secretary”.

Statutory Notes and Related Subsidiaries

Change of Name

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

Executive Documents

Transfer of Functions

For transfer of certain

Enforcement

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

§6964 Applicability of Solid Waste Disposal Guidelines to Executive Agencies