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42 U.S.C. § 2114 — Authorities of Commission respecting certain byproduct material
Federal law — U.S. Code and appendices · legal_authorities
**(a) Management function** The Commission shall insure that the management of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), is carried out in such manner as—
(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,11 So in original.
(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2022&num=0&edition=prelim), and
(3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.].
**(b) Rules, regulations, or orders for certain activities; civil penalty** In carrying out its authority under this section, the Commission is authorized to—
(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under [section 2111 of this title](https://u
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Source file: Laws/federal/codes/united-states-code/title-42/section-2114-authorities-of-commission-respecting-certain-byproduct-material--1dc4d6fb26.md
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Source location: Title 42, Chapter 23, § 2114; chapter-023-development-and-control-of-atomic-energy.md
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**(a) Management function** The Commission shall insure that the management of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), is carried out in such manner as—
(1) the Commission deems appropriate to protect the public health and safety and the environment from radiological and non-radiological hazards associated with the processing and with the possession and transfer of such material, taking into account the risk to the public health, safety, and the environment, with due consideration of the economic costs and such other factors as the Commission determines to be appropriate,,11 So in original.
(2) conforms with applicable general standards promulgated by the Administrator of the Environmental Protection Agency under [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2022&num=0&edition=prelim), and
(3) conforms to general requirements established by the Commission, with the concurrence of the Administrator, which are, to the maximum extent practicable, at least comparable to requirements applicable to the possession, transfer, and disposal of similar hazardous material regulated by the Administrator under the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.].
**(b) Rules, regulations, or orders for certain activities; civil penalty** In carrying out its authority under this section, the Commission is authorized to—
(1) by rule, regulation, or order require persons, officers, or instrumentalities exempted from licensing under [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2111&num=0&edition=prelim) to conduct monitoring, perform remedial work, and to comply with such other measures as it may deem necessary or desirable to protect health or to minimize danger to life or property, and in connection with the disposal or storage of such byproduct material; and
(2) make such studies and inspections and to conduct such monitoring as may be necessary.
Any violation by any person other than the United States or any officer or employee of the United States or a State of any rule, regulation, or order or licensing provision, of the Commission established under this section or [section 2113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2113&num=0&edition=prelim) shall be subject to a civil penalty in the same manner and in the same amount as violations subject to a civil penalty under [section 2282 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282&num=0&edition=prelim). Nothing in this section affects any authority of the Commission under any other provision of this chapter.
**(c) Alternative requirements or proposals** In the case of sites at which ores are processed primarily for their source material content or which are used for the disposal of byproduct material as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), a licensee may propose alternatives to specific requirements adopted and enforced by the Commission under this chapter. Such alternative proposals may take into account local or regional conditions, including geology, topography, hydrology and meteorology. The Commission may treat such alternatives as satisfying Commission requirements if the Commission determines that such alternatives will achieve a level of stabilization and containment of the sites concerned, and a level of protection for public health, safety, and the environment from radiological and nonradiological hazards associated with such sites, which is equivalent to, to the extent practicable, or more stringent than the level which would be achieved by standards and requirements adopted and enforced by the Commission for the same purpose and any final standards promulgated by the Administrator of the Environmental Protection Agency in accordance with [section 2022 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2022&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation and revision of rules for protection from hazards at inactive or depository sites** As soon as practicable, but not later than October 1, 1982, the Administrator of the Environmental Protection Agency (hereinafter referred to in this section as the “Administrator”) shall, by rule, promulgate standards of general application (including standards applicable to licenses under section 104(h) of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7914(h)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7914/h&num=0&edition=prelim)]) for the protection of the public health, safety, and the environment from radiological and nonradiological hazards associated with residual radioactive materials (as defined in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911&num=0&edition=prelim)]) located at inactive uranium mill tailings sites and depository sites for such materials selected by the Secretary of Energy, pursuant to title I of the Uranium Mill Tailings Radiation Control Act of 1978 [[42 U.S.C. 7911](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7911&num=0&edition=prelim) et seq.]. Standards promulgated pursuant to this subsection shall, to the maximum extent practicable, be consistent with the requirements of the Solid Waste Disposal Act, as amended [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.]. In establishing such standards, the Administrator shall consider the risk to the public health, safety, and the environment, the environmental and economic costs of applying such standards, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2022
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that 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;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that 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 disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter:
**(a)** The term “agency of the United States” means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch.
**(b)** The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim).
**(c)** The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation.
**(d)** The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.
**(e)** The term “byproduct material” means—
(1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source mater
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2014
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Violations of licensing requirements** Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of [section 2077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2077&num=0&edition=prelim), or (3) commits any violation for which a license may be revoked under [section 2236 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2236&num=0&edition=prelim), shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.
**(b) Notice** Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2282
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No person may transfer or receive in interstate commerce, manufacture, produce, transfer, acquire, own, possess, import, or export any byproduct material, except to the extent authorized by this section, section 2112 or [section 2114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2114&num=0&edition=prelim). The Commission is authorized to issue general or specific licenses to applicants seeking to use byproduct material for research or development purposes, for medical therapy, industrial uses, agricultural uses, or such other useful applications as may be developed. The Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge: Provided, however, That, for byproduct material to be distributed by the Commission for a charge, the Commission shall establish prices on such equitable basis as, in the opinion of the Commission, (a) will provide reasonable compensation to the Government for such material, (b) will not discourage the use of such material or the development of sources of supply of such material independent of the Commission, and (c) will encourage research and development. In distributing such material, the Commission shall give preference to applicants proposing to use such material either in the conduct of research and development or in medical therapy. The Commission shall not permit the distribution of any byproduct material to any licensee, and shall recall or order the recall of any distributed material from any licensee, who is not equipped to observe or who fails to observe such safety standards to protect health as may be established by the Commission or who uses such material in violation of law or regulation of the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2111
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Specific assurances in license for pretermination actions** Any license issued or renewed after the effective date of this section under section 2092 or [section 2111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2111&num=0&edition=prelim) for any activity which results in the production of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), shall contain such terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such license—
(1) the licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which such byproduct material is deposited, and
(2) ownership of any byproduct material, as defined in [section 2014(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2014/e/2&num=0&edition=prelim), which resulted from such licensed activity shall be transferred to (A) the United States or (B) in the State in which such activity occurred if such State exercises the option under subsection (b)(1) to acquire land used for the disposal of byproduct material.
Any license which is in effect on the effective date of this section and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) upon termination.
**(b) Transfer of title; health and environmental protection through maintenance of property and materials; use of surface or subsurface estates: first refusal rights of transferor; maintenance, monitoring, and emergency meas
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2113
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Federal law — U.S. Code and appendices · legal_authorities
Page 5417
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2114
1 So in original. Probably should be ‘‘of’’.
1 So in original.
of such property and materials to undertake
such monitoring, maintenance, and emergency
measures as are necessary to protect the public
health and safety and such other actions as the
Commission deems necessary to comply with
the standards promulgated pursuant to section
2114 of this title. The Secretary or such other
Federal agency is authorized to carry out main-
tenance, monitoring, and emergency measures,
but shall take no other action pursuant to such
license, rule or order, with respect to such prop-
erty and materials unless expressly authorized
by Congress after November 8, 1978.
(6) The transfer of title to land or byproduct
materials, as defined in section 2014(e)(2) of this
title, to a State or the United States pursuant
to this subsection shall not relieve any licensee
of liability for any fraudulent or negligent acts
done prior to such transfer.
(7) Material and land transferred to the United
States or a State in accordance with this sub-
section shall be transferred without cost to the
United States or a State (other than administra-
tive and legal costs incurred in carrying out
such transfer). Subject to the provisions of para-
graph (1)(B) of this subsection, the United
States or a State shall not transfer title to ma-
terial or property acquired under this subsection
to any person, unless such transfer is in the
same manner as provided under section 7914(h)
of this title.
(8) The provisions of this subsection respecting
transfer of title and custody to land shall not
apply in the case of lands held in trust by the
United States for any Indian tribe or lands
owned by such Indian tribe subject to a restric-
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2114
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6921
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6901
Sec.
6985.
Special study and demonstration projects on
recovery of useful energy and materials.
6986.
Grants for resource recovery systems and im-
proved solid waste disposal facilities.
6987.
Authorization of appropriations.
SUBCHAPTER IX—REGULATION OF
UNDERGROUND STORAGE TANKS
6991.
Definitions and exemptions.
6991a.
Notification.
6991b.
Release detection, prevention, and correction
regulations.
6991c.
Approval of State programs.
6991d.
Inspections, monitoring, testing, and correc-
tive action.
6991e.
Federal enforcement.
6991f.
Federal facilities.
6991g.
State authority.
6991h.
Study of underground storage tanks.
6991i.
Operator training.
6991j.
Use of funds for release prevention and com-
pliance.
6991k.
Delivery prohibition.
6991l.
Tanks on tribal lands.
6991m.
Authorization of appropriations.
SUBCHAPTER X—DEMONSTRATION MEDICAL
WASTE TRACKING PROGRAM
6992.
Scope of demonstration program for medical
waste.
6992a.
Listing of medical wastes.
6992b.
Tracking of medical waste.
6992c.
Inspections.
6992d.
Enforcement.
6992e.
Federal facilities.
6992f.
Relationship to State law.
6992g.
Repealed.
6992h.
Health impacts report.
6992i.
General provisions.
6992j.
Effective date.
6992k.
Authorization of appropriations.
SUBCHAPTER I—GENERAL PROVISIONS
§ 6901. Congressional findings
(a) Solid waste
The Congress finds with respect to solid
waste—
(1)
that
the
continuing
technological
progress and improvement in methods of man-
ufacture, packaging, and marketing of con-
sumer products has resulted in an ever-mount-
ing increase, and in a change in the character-
istics, of the mass material discarded by the
purchaser of such products;
(2) that the econo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.