42 U.S.C. § 6948 : US Code - Section 6948: Federal assistance

Search 42 U.S.C. § 6948 : US Code - Section 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).
(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)
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.
(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.
(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.