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42 U.S.C. § 6964 — Applicability of solid waste disposal guidelines to Executive agencies

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6964 — Applicability of solid waste disposal guidelines to Executive agencies

**(a) Compliance** (1) If— (A) an Executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907&num=0&edition=prelim) 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

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Stable record: federal_law:legal_authorities:record_usc_e98c0e31cdf5f6d6cc0ce0e2
Source file: Laws/federal/codes/united-states-code/title-42/section-6964-applicability-of-solid-waste-disposal-guidelines-to-executive-agencies--adef9acb17.md
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Source location: Title 42, Chapter 82, § 6964; chapter-082-solid-waste-disposal.md

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**(a) Compliance** (1) If— (A) an Executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907&num=0&edition=prelim) and the purposes of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6903 — Definitions

As used in this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6907 — Solid waste management information and guidelines

**(a) Guidelines** Within one year of October 21, 1976, and from time to time thereafter, the Administrator shall, in cooperation with appropriate Federal, State, municipal, and intermunicipal agencies, and in consultation with other interested persons, and after public hearings, develop and publish suggested guidelines for solid waste management. Such suggested guidelines shall— (1) provide a technical and economic description of the level of performance that can be attained by various available solid waste management practices (including operating practices) which provide for the protection of public health and the environment; (2) not later than two years after October 21, 1976, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for (A) protection of public health and welfare; (B) protection of the quality of ground waters and surface waters from leachates; (C) protection of the quality of surface waters from runoff through compliance with effluent limitations under the Federal Water Pollution Control Act, as amended [[33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.]; (D) protection of ambient air quality through compliance with new source performance standards or requirements of air quality implementation plans under the Clean Air Act, as amended [[42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.]; (E) disease and vector control; (F) safety; and (G) esthetics; and (3) provide minimum criteria to be used by the States to define those solid waste management practices which constitute the open dumping of solid waste or hazardous waste and are to be pro

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 105 — Executive agency

For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3251 to 3254f — Omitted

### Statutory Notes #### Codification Sections 3251 to 3254f were omitted in the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Section 3251, Pub. L. 89–272, title II, § 202, Oct. 20, 1965, 79 Stat. 997; Pub. L. 91–512, title I, § 101, Oct. 26, 1970, 84 Stat. 1227, set out Congressional findings and declaration of purpose. See sections 6901 and 6902 of this title. Section 3252, Pub. L. 89–272, title II, § 203, Oct. 20, 1965, 79 Stat. 998; Pub. L. 91–512, title I, § 102, Oct. 26, 1970, 84 Stat. 1228, defined terms. See [section 6903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim). Section 3253, Pub. L. 89–272, title II, § 204, Oct. 20, 1965, 79 Stat. 998; Pub. L. 91–512, title I, § 103, Oct. 26, 1970, 84 Stat. 1228, made provisions for research, demonstrations, training, and other activities relating to solid waste disposal. See [section 6981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6981&num=0&edition=prelim). Section 3253a, Pub. L. 89–272, title II, § 205, as added Pub. L. 91–512, title I, § 104(a), Oct. 26, 1970, 84 Stat. 1228, directed Secretary to study methods of recovering useful energy and materials. See [section 6985 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6985&num=0&edition=prelim). Section 3254, Pub. L. 89–272, title II, § 206, formerly § 205, Oct. 20, 1965, 79 Stat. 999; renumbered § 206, Pub. L. 91–512, title I, § 104(a), Oct. 26, 1970, 84 Stat. 1228, directed Secretary to encourage interstate and interlocal cooperation. See [section 6941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6962 — Federal procurement

**(a) Application of section** Except as provided in subsection (b), a procuring agency shall comply with the requirements set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of a procurement item where the purchase price of the item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more. **(b) Procurement subject to other law** Any procurement, by any procuring agency, which is subject to regulations of the Administrator under [section 6964 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6964&num=0&edition=prelim) (as promulgated before October 21, 1976, under comparable provisions of prior law) shall not be subject to the requirements of this section to the extent that such requirements are inconsistent with such regulations. **(c) Requirements** (1) After the date specified in applicable guidelines prepared pursuant to subsection (e) of this section, each procuring agency which procures any items designated in such guidelines shall procure such items composed of the highest percentage of recovered materials practicable (and in the case of paper, the highest percentage of the postconsumer recovered materials referred to in subsection (h)(1) practicable), consistent with maintaining a satisfactory level of competition, considering such guidelines. The decision not to procure such items shall be based on a determination that such procurement items— (A) are not reasonably available within a reasonable period of time; (B) fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable performa

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6964 — Applicability of solid waste disposal

Page 6998 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6963 agencies act within 1 year from publication of applica- ble guidelines under subsec. (e) of this section for provi- sion that in drafting or revising specifications after Oct. 21, 1976, any exclusion of recovered materials be eliminated and specifications not require the item to be manufactured from virgin materials. Subsec. (e). Pub. L. 96–482, § 22(6), designated provi- sion relating to requirements of guidelines as cl. (2) and subpars. (A) and (C), added cl. (1), subpars. (B) and (C), and provision preceding subpar. (A), and struck out provision requiring information on source of supply. 1978—Subsec. (c). Pub. L. 95–609, § 7(n)(1), (2), redesig- nated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as pars. (2) and (3), respectively, and cls. (i) to (iii) of former subpar. (1)(A) as subpars. (A) to (C), respec- tively, of par. (1), and in par. (3), as so redesignated, in- serted ‘‘After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section,’’ before ‘‘contracting’’. Subsec. (e). Pub. L. 95–609, § 7(n)(3), inserted provision dealing with certification by vendors of the materials used. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in subsec. (e) on author- ity of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Docu- ments. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain e

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