Solid Waste Disposal Act of 1965

Last updated
Solid Waste Disposal Act
Great Seal of the United States (obverse).svg
Enacted bythe 89th United States Congress
Codification
U.S.C. sections created 42 U.S.C.   § 3251 et seq.
Legislative history
Major amendments
Solid Waste Disposal Act (79  Stat.   992, Pub. L. Tooltip Public Law (United States)  89–272)
1970 Amendments (84  Stat.   1227, Pub. L. Tooltip Public Law (United States)  91–512)
1973 Extension (87  Stat.   11, Pub. L. Tooltip Public Law (United States)  93–14)
1975 Extension (88  Stat.   1974, Pub. L. Tooltip Public Law (United States)  93–611)
Resource Conservation and Recovery Act

The Solid Waste Disposal Act (SWDA) is an act passed by the United States Congress in 1965. [1] The United States Environmental Protection Agency described the Act as "the first federal effort to improve waste disposal technology". [2] After the Second Industrial Revolution, expanding industrial and commercial activity across the nation, accompanied by increasing consumer demand for goods and services, led to an increase in solid waste generation by all sectors of the economy. [3] The act established a framework for states to better control solid waste disposal and set minimum safety requirements for landfills. [4] In 1976 Congress determined that the provisions of SWDA were insufficient to properly manage the nation's waste and enacted the Resource Conservation and Recovery Act (RCRA). Congress passed additional major amendments to SWDA in the Hazardous and Solid Waste Amendments of 1984 (HSWA). [3]

Contents

Background

The second industrial revolution of the late 19th and early 20th centuries led to major increases in the national economic output, resulting in large increases in the generation of waste. Local and regional governments and private companies developed many diverse, and frequently unsafe or unsanitary, disposal technologies for disposal of this waste. [5] The most frequent disposal method used was open dumps and burning of trash. [6] As the germ theory of disease developed in the late 19th and early 20th century, this led to increased attention of waste disposal as a public health crisis in the United States. [7] Due to increasing demand for better waste management during the 1960s, Congress passed the SWDA in 1965. [8]

Overview

The goal of SWDA was to reduce waste and protect human and environmental health by decreasing pollution and promoting better municipal waste disposal technology. [6] It dictates disposal of copious amounts of both municipal and industrial waste. [8] It also defines solid waste as a local responsibility, promotes the advancement of waste management technology and declares waste management standards. [8]

Amendments

Resource Recovery Act

The Resource Recovery Act of 1970 (RRA) was the first amendment to the SWDA. [9] The amendment called for increased government involvement in waste management, incited reduction of waste as well as recycling technology, and introduced criteria for disposal of hazardous waste. [8]

Resource Conservation and Recovery Act

Congress reviewed the nation's progress in managing its solid waste generation and disposal activities, and by 1976 had decided that SWDA did not have adequate standard-setting and enforcement tools. In response it enacted the Resource Conservation and Recovery Act (RCRA) in 1976. [10] Congress stated that the United States was continuing to increase the amount of both hazardous and non-hazardous waste being produced and declared that in order to maintain safety and the quality of life expected across the country, new waste management practices were needed. The law banned the continued operation of unsafe landfills, and discusses the implications of hazardous waste, recycling, and renewable energy. [11] RCRA mandates that the federal government assist local communities in managing their wastes, declares that hazardous waste must be properly managed, and calls for research into better waste management practices. [11] RCRA also altered the definitions of responsibility for managing solid and hazardous waste. Under the new law hazardous waste was to be managed "from cradle to grave", thereby imposing responsibilities and liabilities on the creators ("generators") of waste, as well as the other parties that handle or process the waste through to its final disposal. (Under SWDA responsibilities were imposed only at the "end of the pipe," involving a waste disposal or treatment facility.) [8]

Hazardous and Solid Waste Amendments

The Hazardous and Solid Waste Amendments of 1984 (HSWA) strengthened the law by covering small quantity generators of hazardous waste and establishing requirements for hazardous waste incinerators, regulating underground storage tanks, and closing substandard landfills. [12] [8]

Federal Facilities Compliance Act

The Federal Facilities Compliance Act (FFCA), was passed in 1992 and holds federal facilities, such as military bases, responsible for all fines and penalties stated in SWDA and its amendments. [13] This amendment was in response to a 1992 Supreme Court ruling in Department of Energy v. Ohio. [13] The Court ruled that the United States Department of Energy had sovereign immunity and therefore could not be sued for its management of a uranium processing facility. [14]

Whistleblower protection

SWDA explicitly states that a person cannot be retaliated against because they acted as an informant to the EPA. [15] The Occupational Safety and Health Administration (OSHA) defines retaliation as: loss of employment, blacklisting, demotion, denying overtime, benefits, or promotion, discipline, failure to hire or rehire, intimidation, threatening, reassignment which affects promotion prospects, reduction of pay or shifts. [16] The whistleblower clause excludes employees who violate the law without being directed to do so by the company. [15]

Related Research Articles

<span class="mw-page-title-main">Pollutant</span> Substance or energy damaging to the environment

A pollutant or novel entity is a substance or energy introduced into the environment that has undesired effects, or adversely affects the usefulness of a resource. These can be both naturally forming or anthropogenic in origin. Pollutants result in environmental pollution or become public health concerns when they reach a concentration high enough to have significant negative impacts.

<span class="mw-page-title-main">Hazardous waste</span> Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that has substantial or potential threats to public health or the environment. Hazardous waste is a type of dangerous goods. They usually have one or more of the following hazardous traits: ignitability, reactivity, corrosivity, toxicity. Listed hazardous wastes are materials specifically listed by regulatory authorities as hazardous wastes which are from non-specific sources, specific sources, or discarded chemical products. Hazardous wastes may be found in different physical states such as gaseous, liquids, or solids. A hazardous waste is a special type of waste because it cannot be disposed of by common means like other by-products of our everyday lives. Depending on the physical state of the waste, treatment and solidification processes might be required.

<span class="mw-page-title-main">United States Environmental Protection Agency</span> U.S. federal government agency

The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Toxic waste</span> Any unwanted material which can cause harm

Toxic waste is any unwanted material in all forms that can cause harm. Mostly generated by industry, consumer products like televisions, computers, and phones contain toxic chemicals that can pollute the air and contaminate soil and water. Disposing of such waste is a major public health issue.

<span class="mw-page-title-main">Resource Conservation and Recovery Act</span>

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.

<span class="mw-page-title-main">Toxicity characteristic leaching procedure</span>

Toxicity characteristic leaching procedure (TCLP) is a soil sample extraction method for chemical analysis employed as an analytical method to simulate leaching through a landfill. The testing methodology is used to determine if a waste is characteristically hazardous, i.e., classified as one of the "D" listed wastes by the U.S. Environmental Protection Agency (EPA). The extract is analyzed for substances appropriate to the protocol.

<span class="mw-page-title-main">Household hazardous waste</span>

Household hazardous waste (HHW) was a term coined by Dave Galvin from Seattle, Washington in 1982 as part of the fulfillment of a US EPA grant. This new term was reflective of the recent passage of the Resource Conservation and Recovery Act of 1976 in the US. This act and subsequent regulations strengthened the environmental protection requirements for landfills, in Subpart D, and created a "cradle to grave" management system for hazardous wastes, in Subpart C. From RCRA 1976 the US EPA promulgated rules in 1980 which explicitly excluded any wastes from household origins from regulation as a hazardous waste at the federal level. Most US states adopted parallel regulations to RCRA 1976 but were allowed to be more stringent. California took advantage of this allowance and chose to not exempt household origin wastes from their state hazardous waste laws. HHW products exhibit many of the same dangerous characteristics as fully regulated hazardous waste which are their potential for reactivity, ignitability, corrosivity, toxicity, or persistence. Examples include drain cleaners, oil paint, motor oil, antifreeze, fuel, poisons, pesticides, herbicides and rodenticides, fluorescent lamps, lamp ballasts containing PCBs, some smoke detectors, and in some states, consumer electronics. Except for California, most states exclude HHW from their hazardous waste regulations and regulate the management of HHW largely under their solid waste regulatory schemes.

<span class="mw-page-title-main">Cruise ship pollution in the United States</span> Pollution of cruise ships in the United States

Cruise ships carrying several thousand passengers and crew have been compared to “floating cities,” and the volume of wastes that they produce is comparably large, consisting of sewage; wastewater from sinks, showers, and galleys (graywater); hazardous wastes; solid waste; oily bilge water; ballast water; and air pollution. The waste streams generated by cruise ships are governed by a number of international protocols and U.S. domestic laws, regulations, and standards, but there is no single law or rule. Some cruise ship waste streams appear to be well regulated, such as solid wastes and bilge water. But there is overlap of some areas, and there are gaps in others.

<span class="mw-page-title-main">Regulation of ship pollution in the United States</span>

In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.

<span class="mw-page-title-main">Hazardous waste in the United States</span>

Under United States environmental policy, hazardous waste is a waste that has the potential to:

To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.

<span class="mw-page-title-main">Waste</span> Unwanted or unusable materials

Waste are unwanted or unusable materials. Waste is any substance discarded after primary use, or is worthless, defective and of no use. A by-product, by contrast is a joint product of relatively minor economic value. A waste product may become a by-product, joint product or resource through an invention that raises a waste product's value above zero.

<span class="mw-page-title-main">Landfills in the United States</span> American landfills

Municipal solid waste (MSW) – more commonly known as trash or garbage – consists of everyday items people use and then throw away, such as product packaging, grass clippings, furniture, clothing, bottles, food scraps and papers. In 2018, Americans generated about 265.3 million tonnes of waste. In the United States, landfills are regulated by the Environmental Protection Agency (EPA) and the states' environmental agencies. Municipal solid waste landfills (MSWLF) are required to be designed to protect the environment from contaminants that may be present in the solid waste stream.

<span class="mw-page-title-main">Ash pond</span> Coal plant disposal structure

An ash pond, also called a coal ash basin or surface impoundment, is an engineered structure used at coal-fired power stations for the disposal of two types of coal combustion products: bottom ash and fly ash. The pond is used as a landfill to prevent the release of ash into the atmosphere. Although the use of ash ponds in combination with air pollution controls decreases the amount of airborne pollutants, the structures pose serious health risks for the surrounding environment.

<span class="mw-page-title-main">Waste management law</span>

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.

<span class="mw-page-title-main">Exemptions for fracking under United States federal law</span>

There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.

Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.

References

  1. United States. Solid Waste Disposal Act. Pub. L. Tooltip Public Law (United States)  89–772 Approved October 20, 1965.
  2. "EPA - Solid Waste Management on Tribal Lands - The Solid Waste Disposal Act (SWDA) of 1965". United States Environmental Protection Agency. 29 January 2013. Retrieved 24 January 2014.
  3. 1 2 EPA. 2001. EPA.gov. PDF. 4 December 2015. <http://www3.epa.gov/epawaste/inforesources/pubs/k02027.pdf>. —. Solid Waste Management on Tribal Lands. 14 October 2015. 4 December 2015. —. Superfund. 30 September 2015. 4 December 2015.
  4. Horinko, Marianne, Cathryn Courtin. “Waste Management: A Half Century of Progress.” EPA Alumni Association. March 2016.
  5. "A Brief History of Waste Regulation in the United States and Oklahoma". www.deq.state.ok.us. Retrieved 2016-11-02.
  6. 1 2 University of Minnesota. Solid Waste Disposal Act of 1965. n.d. 4 December 2015.
  7. Rushton, Lesley (2003-12-01). "Health hazards and waste management". British Medical Bulletin. 68 (1): 183–197. doi: 10.1093/bmb/ldg034 . ISSN   0007-1420. PMID   14757717.
  8. 1 2 3 4 5 6 "25 Years of RCRA: Building on Our Past To Protect Our Future" (PDF). EPA. Archived from the original (PDF) on 1 April 2010.
  9. United States. Resource Recovery Act of 1970. Pub. L. Tooltip Public Law (United States)  91–512 Approved October 26, 1970.
  10. United States. Resource Conservation and Recovery Act. Pub. L. Tooltip Public Law (United States)  94–580 Approved October 21, 1976.
  11. United States. Hazardous and Solid Waste Amendments of 1984. Pub. L. Tooltip Public Law (United States)  98–616 Approved November 8, 1984.
  12. 1 2 Robinson, Eugene H. Jr. Solid Waste Disposal Act (1965). 2004. Encyclopedia.com. 4 December 2015.
  13. Department of Energy v. Ohio, 503 U.S. 607 (1992)
  14. 1 2 US Department of Labor. Solid Waste Disposal Act (SWDA). n.d. 4 December 2015.
  15. OSHA. "Filing Whistleblower Complaints Under the Solid Waste Disposal Act." June 2015. osha.gov. 4 December 2015.