42 U.S. Code § 6986 - Grants for resource recovery systems and improved solid waste disposal facilities
The Administrator is authorized to make grants pursuant to this section to any State, municipal, or interstate or intermunicipal agency for the demonstration of resource recovery systems or for the construction of new or improved solid waste disposal facilities.
(1) Any grant under this section for the demonstration of a resource recovery system may be made only if it
(B) is consistent with the guidelines recommended pursuant to section 6907 of this title;
(C) is designed to provide area-wide resource recovery systems consistent with the purposes of this chapter, 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.
(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
(ii) is included in a comprehensive plan for the area involved which is satisfactory to the Administrator for the purposes of this chapter, and
(iii) is consistent with the guidelines recommended under section 6907 of this title, and
(1) The Administrator shall promulgate regulations establishing a procedure for awarding grants under this section which—
(A) provides that projects will be carried out in communities of varying sizes, under such conditions as will assist in solving the community waste problems of urban-industrial centers, metropolitan regions, and rural areas, under representative geographic and environmental conditions; and
(2) 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 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);
(C) to the potential of such project for general application to community solid waste disposal problems; and
(e) Additional limitations
A grant under this section—
(1) may be made only in the amount of the Federal share of
(B) in the case of a grant to which subsection (b)(1) of this section 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)(B)); 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 chapter.
For purposes of paragraph (1), 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) Single State
(1) Not more than 15 percent of the total of funds authorized to be appropriated for any fiscal year to carry out this section shall be granted under this section for projects in any one State.
Source(Pub. L. 89–272, title II, § 8006, as added Pub. L. 94–580, § 2,Oct. 21, 1976, 90 Stat. 2838.)
Provisions similar to those in this section were contained in section 3254b of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580.
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.