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U.S. Code as of:
01/19/04
Section 6986. Grants for resource recovery systems and improved solid waste disposal facilities
(a) Authority
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.
(b) Conditions
(1) Any grant under this section for the demonstration of a
resource recovery system may be made only if it (A) is consistent
with any plans which meet the requirements of subchapter IV of this
chapter; (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.
(2) The Federal share for any project to which paragraph (1)
applies shall not be more than 75 percent.
(c) Limitations
(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 (i) is consistent with such plan, (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
(B) the project advances the state of the art by applying new
and improved techniques in reducing the environmental impact of
solid waste disposal, in achieving recovery of energy or
resources, or in recycling useful materials.
(2) The Federal share for any project to which paragraph (1)
applies shall be not more than 50 percent in the case of a project
serving an area which includes only one municipality, and not more
than 75 percent in any other case.
(d) Regulations
(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
(B) provides deadlines for submission of, and action on, grant
requests.
(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 (D) to the use by the applicant of comprehensive
regional or metropolitan area planning.
(e) Additional limitations
A grant under this section -
(1) may be made only in the amount of the Federal share of (A)
the estimated total design and construction costs, plus (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.
(2) The Administrator shall prescribe by regulation the manner in
which this subsection shall apply to a grant under this section for
a project in an area which includes all or part of more than one
State.
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