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U.S. Code as of:
01/19/04
Section 5920. Financial support program for municipal waste reprocessing demonstration facilities
(a) Statement of purpose
It is the purpose of this section -
(1) to assure adequate Federal support to foster a program to
demonstrate municipal waste reprocessing for the production of
fuel and energy intensive products; and
(2) to gather information about the technological, economic,
environmental, and social costs, benefits, and impacts of such
demonstration facilities.
(b) Grants, contracts, price supports, and cooperative agreements
implementing programs; aggregate amount of funds available;
"municipal" defined; ownership, operation, etc., of facilities;
Federal share; price support program regulations for revenue
producing products
(1) The Secretary is authorized and directed, to the extent
provided in appropriation Acts, to establish such a demonstration
program by making grants, contracts, price supports, and
cooperative agreements pursuant to this chapter or any combination
thereof for the establishment of municipal waste reprocessing
demonstration facilities. For the purpose of this section municipal
waste shall include but not be limited to municipal solid waste,
sewage sludge, and other municipal organic wastes.
(2) The aggregate amount of funds available for grants,
contracts, price supports, and cooperative agreements for municipal
waste reprocessing demonstration facilities shall not exceed
$20,000,000 in the fiscal year ending September 30, 1978.
(3) For purposes of this section the term "municipal" shall
include any city, town, borough, county, parish, district, or other
public body created by or pursuant to State law.
(4) Municipal waste reprocessing demonstration facilities
established under this section shall be owned or operated (or both
owned and operated) by the municipality and shall involve the
recovery of energy or energy intensive products. Such facilities
may be established by any public or private entity, by contract or
otherwise, as may be determined by the local government which will
own or operate (or both own and operate) such facilities and to
which financial support is provided. The Federal share for any such
facility to which this section applies shall not exceed 75 per
centum of the cost of such facility, and not more than $40,000,000
in Federal funds under this section may be used for the
construction of any one facility.
(5) The Secretary shall promulgate such regulations as he deems
necessary, pursuant to section 5906(a)(4) and section 5906(c)(1)
and (6) of this title, for purposes of establishing a price support
program for revenue producing products of municipal waste
reprocessing demonstration facilities.
(c) Consultation with Environmental Protection Agency to insure
compliance with provisions relating to solid waste disposal
full-scale demonstration facilities; administration of projects
subject to May 7, 1976, Interagency Agreement
(1) The Secretary shall consult with the Environmental Protection
Agency to assure that the provisions of section 6984 of this title
are applied in carrying out this section.
(2) Any energy-related research, development, or demonstration
project for the conversion (including bioconversion) of municipal
waste carried out by the Secretary pursuant to this chapter or any
other Act shall be administered in accordance with the May 7, 1976,
Interagency Agreement between the Environmental Protection Agency
and the Energy Research and Development Administration on the
development of energy from solid wastes; and specifically, in
accordance with such Agreement (A) for those energy-related
projects of mutual interest, planning will be conducted jointly by
the Environmental Protection Agency and the Secretary, following
which project responsibility will be assigned to one agency; (B)
energy-related aspects of projects for recovery of fuels or energy
intensive products from municipal waste as defined in this section
shall be the responsibility of the Secretary including
energy-related economic and institutional aspects; and (C) the
Environmental Protection Agency shall retain responsibility for the
environmental and other economic and institutional aspects of solid
waste projects and for assurance that such projects are consistent
with any applicable suggested guidelines published pursuant to
section 6907 of this title, and any applicable State or regional
waste management plan.
(d) Guidelines for obtaining program information from
municipalities; availability of information, etc., to
Congressional committees; annual reports to Congress; contents,
etc.
(1) The Secretary shall establish such guidelines as he deems
necessary for purposes of obtaining pertinent information from
municipalities receiving funding under this section. These
guidelines shall include but not be limited to methods of
assessment and evaluation of projects authorized under this
section. Such assessments and evaluations shall be presented by the
Secretary to the House Committee on Science, Space, and Technology
and the Senate Committee on Energy and Natural Resources upon the
request of either such committee.
(2) The Secretary shall annually submit a report to the Congress
concerning the actions taken or not taken by the Secretary under
this section during the preceding fiscal year, and including but
not limited to (A) a discussion of the status of each demonstration
facility and related facilities financed under this section,
including progress made in the development of such facilities, and
the expected or actual production from each such facility including
byproduct production therefrom, and the distribution of such
products and byproducts, (B) a statement of the financial condition
of each such demonstration facility, (C) data concerning the
environmental, community, and health and safety impacts of each
such facility and the actions taken or planned to prevent or
mitigate such impacts, (D) the administrative and other costs
incurred by the Secretary and other Federal agencies in carrying
out this program, and (E) such other data as may be helpful in
keeping Congress and the public fully and currently informed about
the program authorized by this section.
(3) The annual reports required by this subsection shall be a
part of the annual report required by section 5914 )1(! of this
title, except that the matters required to be reported by this
subsection shall be clearly set out and identified in such annual
reports. Such reports shall be transmitted to the Speaker of the
House of Representatives and the House Committee on Science, Space,
and Technology and to the President of the Senate and the Senate
Committee on Energy and Natural Resources.
(e) Transfer of part of program to other agency or authority
No part of the program authorized by this section shall be
transferred to any other agency or authority, except pursuant to
Act of Congress enacted after February 25, 1978.
(f) Compliance by municipalities receiving financial assistance
with Federal and State environmental, etc., laws and regulations,
and licensing requirements
Nothing in this section shall be construed as abrogating any
obligations of any municipality receiving financial assistance
pursuant to this section to comply with Federal and State
environmental, land use, water, and health and safety laws and
regulations or to obtain applicable Federal and State permits,
licenses, and certificates.
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