TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 117 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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(4) PROVISION OF FINANCIAL AND TECHNICAL ASSISTANCE TO STATE AND
LOCAL GOVERNMENTS AS WELL AS INDUSTRY TO REDUCE AND TO MANAGE HAZARDOUS
WASTES, INCLUDING A COMPREHENSIVE RESEARCH AND DEVELOPMENT PROGRAM
FOCUSED ON SITING NEW FACILITIES AND ABATING THE DANGERS POSED BY
ABANDONED FACILITIES.
RICHARD D. LAMM, CHAIRMAN NATURAL RESOURCES AND ENVIRONMENTAL
MANAGEMENT COMMITTEE
BILL CLINTON, CHAIRMAN SUBCOMMITTEE ON ENVIRONMENTAL MANAGEMENT ENCL.
CC: STEPHEN H. KLITZMAN CHIEF COUNSEL AND STAFF DIRECTOR
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 118 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
(SUPPLIED BY THE GENERAL ACCOUNTING OFFICE)
JUL 10, 1979
IN ASSISTING THE SUPCOMMITTEE ON ITS INVESTIGATION OF THE
IMPLEMENTATION OF RCRA, WE MADE TELEPHONE INQUIRIES TO THREE EPA
REGIONAL OFFICES -- REGIONS I, V, AND VI; AND FOUR STATES ARKANSAS,
MAINE, MICHIGAN, AND MINNESOTA. THE OBJECTIVE OF OUR INQUIRIES WAS TO
DETERMINE IF ANY PROBLEMS HAVE OCCURRED OR ARE OCCURRING IN THE WORKING
RELATIONSHIP OF THE STATES AND THEIR RESPECTIVE EPA REGIONAL OFFICES
CONCERNING HAZARDOUS WASTE ACTIVITIES; AND HAVE THE REGIONAL OFFICES
PROVIDED THE STATES TECHNICAL ASSISTANCE HEN REQUESTED. WE ALSO
OBTAINED INFORMATION ON THE AMOUNT OF FINANCIAL ASSISTANCE EACH OF THE
FOUR STATES RECEIVED FROM EPA FOR HAZARDOUS WASTE ACTIVITIES.
ALL THREE REGIONAL OFFICES REPORTED THAT THEIR WORKING RELATIONSHIP
WITH THE STATES WAS GOOD. THIS AS CONFIFMED BY OUR INQUIRIES MADE AT
THE STATE LEVEL. HOWEVER, AN ARKANSAS OFFICIAL INDICATED THAT THERE
WERE SOME POLICY PROBLEMS WITH EPA HEADQUARTERS. THESE INCLUDE (1)
EPA'S PROPOSED CHARACTERIZATION OF HAZARDOUS WASTE, (2) NOT MOVING
QUICKLY ENOUGH ON THE ISSUANCE OF THE REGULATIONS, AND (3) EPA'S
CONTRACTING-OUT TOO MUCH OF ITS WORK. ACCORDING TO THE OFFICIAL, IF EPA
MISSES ITS DECEMBER 1979 DEADLINE FOR ISSUANCE OF REGULATIONS BY SIX
MONTHS OR MORE, IT WILL SERIOUSLY HAMPER STATE HAZARDOUS WASTE PROGRAMS.
ALSO, HE BELIEVES THAT THE STATES DO MOST OF THE WORK ON CERTAIN EPA
CONTRACTED STUDIES BUT THE CONTRACTOR ENDS UP WITH THE MONEY FOR THE
WORK.
BOTH THE EPA REGIONAL OFFICES AND THE STATES REPORTED THAT TECHNICAL
ASSISTANCE IS PROVIDED TO THE STATES WHEN REQUESTED. NONE OF THE STATE
OFFICIALS THAT E TALKED TO COMPLAINED ABOUT THE TYPE OF "LACK OF"
TECHNICAL ASSISTANCE.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 119 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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MOST OF THE ASSISTANCE THAT THE REGIONAL OFFICES HAVE PROVIDED HAS
BEEN IN THE AREA OF REVIEWING STATE LEGISLATION AND REGULATIONS FOR
HAZARDOUS WASTE PROGRAMS.
OTHER AREAS IN WHICH ONE OR MORE OF THE STATES CONTACTED REPORTED
RECEIVING ASSISTANCE WERE LEGAL ADVICE ON INVESTIGATIVE PROCEDURES,
METHODS OF GATHERING EVIDENCE, AND LABORATORY ANALYSIS OF HAZARDOUS
WASTES. TO DATE, THE REGIONS HAVE NOT ASSISTED THE STATES WITH AN
INVENTORY OF HAZARDOUS ASTE SITES ALTHOUGH INFORMAL DISCUUSSIONS ON
APPROACHES TO INVENTORYING HAZARDOUS WASTE SITES HAVE BEEN HELD ITH SOME
STATES.
THE FOUR STATES THAT WE CONTACTED WERE ALLOCATED THE FOLLOING
FINANCIAL ASSISTANCE FROM EPA DURING FISCAL YEAR 1979 FOR HAZARDOUS
WASTE ACTIVITIES.
TABLE OMITTED.
FULL TIME EQUIVALENT STAFF POSITIONS FOR HAZARDOUS WASTE ACTIVITIES
IN EPA REGIONS I, V, AND VI
(JULY 1979)
TABLE OMITTED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 120 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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BLANK PAGE OMITTED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 121 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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APPENDIX VI
ADDITIONAL EPA RESPONSES TO SUBCOMMITTEE INQUIRIES
NOTE: LETTERS OF REQUEST AND ATTACHMENT TO EPA RESPONSES ARE
AVAILABLE IN SUBCOMMITTEE FILES.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
NOV. 20, 1979
HONORABLE CARL LEVIN UNITED STATES SENATE WASHINGTON, D.C. 20510
THANK YOU FOR YOUR LETTER OF OCTOBER 24, 1979, IN WHICH YOU DREW MY
ATTENTION TO THE FACT THAT WE HAD FAILED TO REPLY TO REQUESTS FOR
INFORMATION MADE BY YOU IN LETTERS DATED SEPTEMBER 24 AND 28, 1979. YOU
HAD ASKED THAT THE REPLIED BE MADE BY OCTOBER 15 AND OCTOBER 19.
I APOLOGIZE FOR THE UNUSUAL DELAY IN OUR REPLY, AND FOR THE FAILURE
TO ACKNOWLEDGE RECEIPT OF THOSE LETTERS. HOWEVER, I UNDERSTAND THAT MR.
CHARLES WARREN AND MS. SUSANNE WELLFORD OF THE OFFICE OF LEGISLATION DID
MEET WITH MEMBERS OF THE SUBCOMMITTEE STAFF, AND THAT THERE HAS BEEN
FURTHER TELEPHONE CONTACT IN WHICH MR. RICHARD TALLMAN KINDLY AGREED
THAT A FEW QUESTIONS MIGHT BE DROPPED FROM OUR RESPONSE. A MEMBER OF
MR. WARREN'S STATE IS CURRENTLY GATHERING MATERIAL FOR THE ANSWERS TO
FOUR QUESTIONS NOT COVERED IN OUR FIRST REPLY.
I HOPE THAT THE CONTENT OF OUR ANSERS ILL REASSURE YOU THAT THE
AGENCY IS RAPIDLY EXPANDING ITS CAPACITY TO DEAL WITH THE HAZARDOUS
WASTE SITUATION.
BAR0ARA BLUM DEPUTY ADMINISTRATOR ENCLOSURE
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 122 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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SEPTEMBER 24, 1979:
1. THE ESTABLISHMENT OF THE HAZARDOUS WASTE ENFORCEMENT TASK FORCE
WAS ANNOUNCED IN BARBARA BLUM'S MEMO OF JUNE 27, 1979. THE MAJOR
FUNCTIONS OF THE TASK FORCE ARE: (1) TO DEVELOP AND MAINTAIN A
NATIONALLY UNIFORM HAZARDOUS WASTE SITE MANAGEMENT SYSTEM. (THE
RESULTING SYSTEM HAS BEEN DESIGNED TO PROVIDE A STANDARDIZED PROCEDURE
FOR TRACKING THE STATUS OF INDIVIDUAL SITES FROM THE POINT OF INITIAL
IDENTIFICATION THROUGH THE FACT GATHERING AND DECISIONMAKING STAGES.
DATA IN THE SYSTEM DOCUMENTS THE INFORMATION AVAILABLE ON A GIVEN SITE,
INCLUDING ONGOING AND PROJECTED REMEDIAL AND ENFORCEMENT ACTION.) (2) TO
WORK WITH THE REGIONS AND THE DEPARTMENT OF JUSTICE TO EXPEDITE THE
DEVELOPMENT AND FILING OF REGIONALLY MANAGED HAZARDOUS WASTE SITE
ENFORCEMENT CASES. (3) TO PROVIDE NATIONAL MANAGEMENT AND DIRECTION FOR
A LIMITED NUMBER OF HAZARDOUS WASTE ENFORCEMENT CASES INVOLVING
PARTICULARLY SIGNIFICANT LEGAL PRECEDENTS OR CUTTING ACROSS A NUMBEF OF
REGIONAL BOUNDARIES.
THE TASK FORCE HAS A STAFF OF TWENTY-SEVEN, ROUGHLY DIVIDED BETWEEN
LOCAL AND TECHNICAL PERSONNEL. THE TASK FORCE PERSONNEL INCLUDE:
JEFFREY MILLER, DIRECTOR
DOUG MACMILLAN, DEPUTY DIRECTOR
LAMAR MILLER, DIRECTOR, TECHNICAL STAFF
EDWARD KURENT, DIRECTOR, LEGAL STAFF
THE FOLLOWING PERSONNEL ARE WITH THE OIL AND SPECIAL MATERIALS
CONTROL DIVISION:
HAL SNYDER, CHIEF, HAZARDOUS WASTE SITE CONTROL BRANCH
HUGH KAUFMAN, PROGRAM MANAGER OF HAZARDOUS WASTE ASSESSMENT.
THE FOLLOWING FIVE PAGES LIST THE NAMES OF OTHER EPA PERSONNEL
RESPONSIBLE FOR HAZARDOUS WASTE SITE PROGRAM.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 123 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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HAZARDOUS WASTE SITE ENFORCEMENT AND RESPONSE SYSTEM REGIONAL
CONTACTS
TABLE OMITTED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 124 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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PAGE TWO OF HAZARDOUS WASTE SITE ENFORCEMENT AND RESPONSE SYSTEM
REGIONAL CONTACTS LIST
TABLE OMITTED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 125 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ADMINISTRATION & PROMULGATION OF RCRA SUBTITLE C REGULATIONS ---
CURRENT ORGANIZATION
DAA FOR SOLID WASTE: STEFFEN W. PLEHN PROVIDES POLICY DIRECTION TO
RCRA ACTIVITIES PROVIDES LIAISON BETEEN OSW AND CONGRESS, EMP AND
OUTSIDE ORGANIZATIONS DEVELOPS INTERMEDIATE AND LONG-TERM OBJECTIVES FOR
HAZARDOUS WASTE, REGULATORY AND ASSISTANCE PROGRAMS EVALUATES
ACCOMPLTSHMENTS OF RCRA PROGRAMS AND DIRECTS DEVELOPMENT OF RESOURCE,
STAFFING AND PROGRAM STRATEGIES TO ASSURE ACCOMPLISHMENT OF GOALS
COORDINATES RCRA PROGRAMS AND OBJECTIVES ITH THOSE OF OTHER PARTS OF EPA
ADAA FOR SOLID WASTE: GARY M. DIETRICH SHARES IN PROVIDING
LEADERSHIP AND OVERSIGHT TO OFFICE PROGRAMS DIRECTS OSW'S COORDINATION
WITH ORD AND DEVELOPMENT OF RESEARCH NEEDS FOR RCRA REQUIRING ORD
ASSISTANCE ADVISES DAA ON OBJECTIVES AND GOALS FOR OSW'S PROGRAMS,
STRATEGIES FOR ACHIEVING GOALS AND ORGANIZATIONAL, RESOURCE AND ACTIVITY
REQUIREMENTS COOPERATES FULLY WITH DAA IN MANAGING AND EVALUATING RCRA
PROGRAMS OF OSW
DIRECTOR, MANAGEMENT INFORMATION STAFF: EILEEN CLAUSSEN ADVISES DAA
AND ADAA ON MANAGEMENT APPROACHES AND COORDINATION FOR OSW ACTIVITIES
DEVELOPS STRATEGIES FOR FUNDING, STAFFING AND ORGANIZATION OF OSW
ASSISTS DAA AND ADAA DEVELOP OVERALL POLICY AND DIRECTION FOR RCRA
PROGRAMS COORDINATES PROGRAM DEVELOPMENT AND EVALUATION ACTIVITIES WITH
OTHER PARTS OF OWWM AND OPM DIRECTS A PUBLIC PARTICIPATION, EDUCATION
AND INFORMATION PROGRAM TO SUPPORT RCRA ACTIVITIES AND OBJECTIVES OF OSW
PROGRAMS
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 126 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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DIRECTOR, HAZARDOUS & INDUSTRIAL WASTE DIVISION: JOHN LEHMAN DIRECTS
DEVELOPMENT OF A HAZARDOUS WASTE CHARACTERIZATION, LISTING, SAMPLING AND
TESTING PROGRAM MANAGES THE DEVELOPMENT OF REGULATIONS AND GUIDANCE
GOVERNING THE STORAGE, TREATMENT, RECOVERY, FINANCIAL RESPONSIBILITY AND
ADMINISTRATIVE REQUIREMENTS FOR HAZARDOUS ASTE FACILITIES PLANS AND
MANAGES TECHNICAL, ENVIRONMENTAL, ECONOMIC AND NATIONAL POLICY
ASSESSMENT DIRECTS SPECIAL WASTE STUDIES (S. 8002)
DIRECTOR, LAND DISPOSAL DIVISION: ALBERT A. PETER, JR. PLANS AND
COORDINATES PROGRAM TO CONTROL LAND DISPOSAL OF HAZARDOUS ASTES DIRECTS
DEVELOPMENT OF REGULATIONS AND GUIDELINES RELATIVE TO LAND DISPOSAL
METHODS FOR HAZARDOUS WASTE LAND DISPOSAL TECHNOLOGIES MANAGES
DEVELOPMENT OF POLICIES AND GUIDANCE FOR GROUND/SURFACE WATER MONITORING
AND PROTECTION
DIRECTOR, STATE PROGRAMS & RESOURCE RECOVERY DIVISION: JOHN SKINNER
MANAGES PROGRAM FOR IMPLEMENTATION OF HAZARDOUS WASTE PROGRAMS DEVELOPS
GUIDANCE FOR FINANCIAL ASSISTANCE PROGRAMS AND STATE PLANS DIRECTS
PROGRAM TO DEVELOP REGS AND SYSTEMS TO IMPLEMENT HAZARDOUS ASTE CONTROL
PROGRAM, SUCH AS PERMIT, MANIFEST, ADP, NOTIFICATION, AND REPORTING
SYSTEMS PROVIDES LIAISON ITH REGIONS, STATES AND LOCAL GOVEFNMENTS TO
ENCOURAGE THEIR PARTICIPATION IN SUBTITLE C PROGRAM
DEP. DIR. STATE PROGRAMS & RESOURCE RECOVERY DIVISION: BRUCE WEDDLE
PARTICIPATES WITH DIVISION DIRECTOR IN PLANNING AND DIRECTING EFFECTIVE
IMPLEMENTATION PROGRAMS FOR RCRA SUBTITLE C ADVISES, DIVISION DIRECTOR
ON NE OR STRONGER APPROACHES TO RCRA PROGRAMS FOR FEDERAL-STATE
COOPERATION WORKS FULLY WITH DIVISION DIRECTOR TO ASSURE RCRA
IMPLEMENTATION PROGRAMS ARE CONSISTENT WITH OTHER OSW REGULATORY
ACTIVITIES AND OTHER EPA OUTREACH PROGRAMS
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 127 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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DEP. DIR. HAZARDOUS & INDUSTRIAL WASTE DIVISION: FRED A. LINDSEY
SHARES RESPONSIBILITY WITH DIVISION DIRECTOR FOR CONCEPTUALIZING,
OVERSEEING, REVIEWING AND COORDINATING ANALYTICAL AND REGULATORY
DEVELOPMENT ACTIVITIES FOR HAZARDOUS ASTE
ASSISTS DIVISION DIRECTOR EXCHANGE INFORMATION WITH AFFECTED
INDUSTRIAL ORGANIZATIONS, SOLICIT INFO AND POINTS OF VIEW FROM THESE
SECTORS, AND JUSTIFY POLICY AND TECHNICAL DIRECTIONS FOR S. 3001 AND
3004 PROGRAMS
ADVISES DIVISION DIRECTOR ON TECHNICAL PROBLEMS AND ISSUES ASSOCIATED
WITH DEVELOPMENT OF REGULATIONS AND GUIDANCE FOR CONTROL OF HAZARDOUS
PROBLEMS AND ISSUES, SHARES ITH DIVISION DIRECTOR IN RESOLUTION OF SUCH
BRANCH LEVEL
AS CHIEF, WASTE CHARACTERIZATION BRANCH, ALAN CORSON PROVIDES
DAY-TO-DAY MANAGEMENT FOR DEVELOPMENT OF CRITERIA FOR AND LISTS AND
CHARACTERISTICS OF HAZARDOUS WASTE, AND APPROPRIATE WASTE SAMPLING AND
TESTING METHODS
AS CHIEF, TECHNOLOGY BRANCH, STEVEN LINGLE DIRECTS PROGRAMS TO ASSESS
TECHNOLOGIES AND PRACTICES FOR STORAGE, TREATMENT, INCINERATION AND
RECOVERY OF HAZARDOUS WASTES AND DEVELOP APPROPRIATE REGULATIONS AND
GUIDANCE
AS CHIEF, ECONOMICS AND POLICY ANALYSIS BRANCH, GEORGE GARLAND
OVERSEES PREPARATION OF ECONOMIC AND ENVIRONMENTAL IMPACT ASSESSMENTS OF
SUBTITLE C PROGRAMS AND PREPARATION OF ANALYSIS AND RECOMMENDATIONS ON
NATIONAL HAZARDOUS WASTE MANAGEMENT POLICY ISSUES, E.G., SITING
AS CHIEF, HAZARDOUS WASTE IMPLEMENTATION BRANCH, WILLIAM SANJOUR
PROVIDES DAILY MANAGEMENT TO DEVELOPMENT OF REGULATIONS, GUIDANCE AND
ADMINISTRATIVE SYSTEMS TO IMPLEMENT A NATIONAL HAZARDOUS WASTE
MANAGEMENT PROGRAM, INCLUDING PERMIT, NOTIFICATION, ADP, MANIFEST AND
RECORDKEEPING/REPORTING
AS CHIEF, STATE PROGRAM BRANCH, TRUETT DEGEARE DIRECTS PROGRAMS AND
GUIDANCE FOR STATES' PARTICIPATION IN RCRA SUBTITLE C PROGRAM, SUCH AS
STATE HAZARDOUS WASTE GRANTS, DEFINITION OF EQUIVALENCY AND
AUTHORIZATION NEEDS, AND INTEGRATION OF S. 3005-6 REGULATIONS WITH
OTHER EPA PROGRAMS
THE CHIEF, ASSESSMENT PRANCH (VACANT) DIRECTS DEVELOPMENT OF POLICY
FOR GROUNDATER PROTECTION AND MONITORING AND ASSURES THEIR REFLECTION IN
SUBTITLE C REGULATIONS
THE CHIEF, DISPOSAL BRANCH (VACANT) OVERSEES DEVELOPMENT OF S. 3004
REGULATIONS, AND IMPLEMENTING GUIDANCE, TO CONTROL LAND
DISPOSAL/APPLICATION OF HAZARDOUS WASTES AND ASSESSES TECHNOLOGIES FOR
LAND DISPOSAL
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 128 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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2A). EPA HAS ESTABLISHED A PERMANENT ORGANIZATIONAL UNIT, THE
HAZARDOUS WASTE SITE CONTROL BRANCH, UNDER THE OIL AND SPECIAL MATERIALS
CONTROL DIVISION OF THE OFFICE OF WATER AND WASTE MANAGEMENT. THE
FUNCTIONS OF THIS BRANCH WILL BE TO DEVELOP EMERGENCY AND REMEDIAL
RESPONSES FOR DEALING WITH HAZARDOUS ASTE SITES AND TO WORK WITH
REGIONAL AND HEADQUARTERS UNITS IN DEVELOPING METHODOLOGIES FOR THE
DISCOVERY AND PRIORITIZATION OF THESE SITES.
THE NATIONAL HAZARDOUS WASTE ENFORCEMENT TASK FORCE HAS A PROJECTED
LIFE EXPECTANCY OF APPROXIMATELY 18 MONTHS. AT THE END OF THAT PERIOD
IT WILL FORM THE NUCLEUS OF A NEW PERMANENT ORGANIZATION OR BE
INCORPORATED INTO AN EXISTING ORGANIZATIONAL STRUCTURE. AS PRESENTLY
FORMULATED, THE TASK FORCE HAS THREE BASIC FUNCTIONS: 1) TO ESTABLISH A
NATIONAL HAZARDOUS WASTE SITE MANAGEMENT SYSTEM, WHICH WILL TRACK SITES
FROM THE POINT OF INITIAL IDENTIFICATION THROUGH SITE INVESTIGATION,
ACTION DETERMINATION, AND REMEDIAL OR ENFORCEMENT STAGES; 2) TO ORK
WITH THE REGIONS AND THE DEPARTMENT OF JUSTICE TO DEVELOP HAZARDOUS
WASTE ENFORCEMENT CASES AT THE REGIONAL LEVEL; AND 3) TO MANAGE AT THE
NATIONAL LEVEL A LIMITED NUMBER OF CASES INVOLVING PARTICULARLY
SIGNIFICANT LEGAL ISSUES AND PRECEDENTS.
B). IN THE REORGANIZATION PLAN, THE PRIMARY RESPONSIBILITY FOR
FINDING AND ASSESSING SITES IS ASSIGNED TO THE REGIONS. THE REGIONS
WILL BE ASSISTED BY HEADQUARTERS WHICH WILL PROVIDE THEM WITH A LIMITED
NUMBER OF INDIVIDUAL CASE OR SITE REFERRALS, ASSIST THEM IN THE
DEVELOPMENT OF METHODOLOGIES TO SCREEN EXISTING DATA SOURCES TO IDENTIFY
AND PRIORITIZE SITES, AND MAKE AVAILABLE THE DATA FROM THE NATIONAL SITE
TRACKING AND MANAGEMENT SYSTEM.
C). THE TRACK RECORD OF THE REGIONS HAS VARIED FROM REGION TO REGION
DEPENDING ON AVAILABLE RESOURCES. REGIONS ARE PEING PROVIDED ITH
ADDITIONAL CONTRACT RESOURCES TO HELP THEM CONDUCT ON-SITE INSPECTIONS
AND ANALYZE THE SAMPLES TAKEN. ROGHLY $10,000,000 WILL BE SPENT TO
PROVIDE CONTRACTOR SITE-INSPECTION PERSONNEL IN EACH REGION. AN
ADDITIONAL $7,000,000 ILL BE SPENT TO HELP ANALYZE THE COMPLEX SAMPLES
REQUIRED BY THIS EFFORT. BOTH OF THESE SETS OF CONTRACTS WILL BE
OPERATIONAL BY JANUARY 1980. THESE RESOURCE ADDITIONS, COMPLEMENTED BY
ON-SITE ASSISTANCE FROM OWNM, THE HAZARDOUS WASTE ENFORCEMENT TASK
FORCE, AND THE DEPARTMENT OF JUSTICE WILL HELP THE REGIONS DISCHARGE
THIS RESPONSIBILITY.
D). THE NEW HAZARDOUS WASTE SITE TRACKING SYSTEM WILL REQUIRE
REGIONS TO REPORT ROUTINELY ON ALL SITES BROUGHT TO THEIR ATTENTION AS
POTENTIAL HAZARDOUS WASTE SITES. THIS COMPUTER-ASSISTED SYSTEM WILL
PROVIDE AN ANALYTICAL AND DECISTON-MAKING FRAMEWORK AND WILL DOCUMENT
THE STATUS OF EACH SITE.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 129 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
THIS INFORMATION WILL BE REGULARLY REPORTED TO HEADQUARTERS AND WILL
BE USED BOTH AS A TOOL TO MANAGE REGIONAL REMEDIAL AND ENFORCEMENT
ACTIONS AND AS A MECHANISM TO ESTABLISH AGENCY REMEDIAL AND ENFORCEMENT
POLICY.
E). THE SITE TRACKING SYSTEM DEVELOPED AS PART OF THE HAZARDOUS
WASTE SITE ENFORCEMENT AND RESPONSE SYSTEM DOES REQUIRE THAT THE REGIONS
MAINTAIN A LOG.
F). EPA IS CURRENTLY ASSESSING RESOURCE-EFFICIENT MECHANISMS TO
LOCATE AND PRIORITIZE POTENTIALLY HAZARDOUS WASTE SITES. THIS EFFORT
INCLUDES REVIEW OF RECORDS ALREADY AVAILABLE TO EPA AND THE DEVELOPMENT
OF STATE, CONTRACTOR, AND CITIZEN ASSISTED PROGRAMS TO DEVELOP SITE
INFORMATION.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 130 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
3. EPA, AND PARTICULARLY THE DEPUTY ADMINISTRATOR'S OFFICE, HAS
STUDIED THE PROPOSAL FOR A SEPARATE ASSISTANT ADMINISTRATOR FOR SOLID
WASTE OVER A LONG PERIOD OF TIME. EPA FEELS THAT AT PRESENT SUCH A
COURSE WOULD NOT BE CONSISTENT WITH THE POLICY OF INTEGRATING VARIOUS
PARTS OF THE AGENCY THROUGH CONSOLIDATED PERMITTING, CONSOLIDATED
GRANTS, AND REGULATORY REFORM POLICY. THE DEPUTY ADMINISTRATOR'S OFFICE
IS OVERSEEING AND COORDINATING A BALANCED APPROACH BETWEEN WASTE
MANAGEMENT ON LAND AND ON WATER. IF, AFTER EVALUATION OF ANY CONFLICTS
OVER THE NEXT YEAR, THE DEPUTY ADMINISTRATOR'S OFFICE CONCLUDES A
SEPARATE OFFICE FOR SOLID WASTE WOULD PE ADVISABLE, SUCH A
RECOMMENDATION WILL BE MADE TO THE ADMINISTRATOR.
8. THE HAZARDOUS WASTE SITE ENFORCEMENT AND RESPONSE SYSTEM FOCUSES
ON ALL MEDIA IN AN EFFORT TO DETERMINE WHERE POTENTIAL HAZARDS EXIST.
RATHER THAN LOOKING AT A PARTICULAR MEDIUM, THE EFFORT HAS ADDRESSED
WHETHER A GIVEN SITE IS POSING A HEALTH OR ENVIRONMENTAL HAZARD AND
WHICH LEGISLATIVE AUTHORITIES MIGHT BEST BE APPLIED FOR A REMEDY.
11. SPECIAL ASTES ARE NOT EXEMPT FROM THE SCOPE OF RCRA REGULATIONS.
EPA IS APPLYING A LIMITED SET OF STANDARDS TO THOSE WASTES UNTIL MORE
INFORMATION IS GATHERED SO THAT APPROPRIATE REGULATIONS CAN BE
PROMULGATED FOR SPECIAL WASTES. THE PRESENT LIST OF SPECIAL WASTE, SET
FORTH IN THE PROPOSED GUIDELINES AND REGULATIONS OF DEC. 18, 1978,
CONSISTS OF CEMENT KILN DUST, UTILITY WASTE (FLY ASH, BOTTOM ASH,
SCRUBBER SLUDGE), PHOSPHATE MINING, BENEFICIATION AND PROCESSING WASTES,
URANIUM MINING AND OTHER MINING WASTES, AND GAS AND OIL DRILLING MUDS
AND OIL PRODUCTION BRINES.
IN THE COMMENTS ON THE PROPOSED REGULATIONS THERE HAVE BEEN A NUMBER
OF REQUESTS TO HAVE OTHER WASTE STREAMS IDENTIFIED AS SPECIAL WASTES.
THESE REQUESTS WILL BE ADDRESSED IN THE FINAL REGULATIONS.
14. A COPY OF THE LIST OF SITES RELEASED ON JUNE 1, 1979, IS
ATTACHED. THIS LIST HAS BECOME OUTDATED AND IS UNDER REVISION. AS OF
OCTOBER 31, 1979, THE REGIONAL OFFICES HAVE IDENTIFIED 1536 POTENTIAL
HAZARDOUS WASTE SITES OR PROBLEMS. OF THESE SOME 532 SITES HAVE BEEN
INSPECTED. ELEVEN FEDERAL ENFORCEMENT CASES, AND FIFTY-SEVEN STATE
ENFORCEMENT CASES HAVE BEEN FILED. WITHIN NINETY DAYS, THE LIST OF
SITES WILL BE PLACED ON A COMPUTERIZED SYSTEM, WHICH WILL PROVIDE
DETAILED INFORMATION ON SPECIFIC SITES AS REQUIRED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 131 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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SEPTEMBER 28:
1A). WHILE STATE LAW MAY VARY, FEDERAL LAW PROVIDES A CONSISTENT
STATUTORY FRAMEWORK. EPA INTENDS TO ACHIEVE CONSISTENCY IN ENFORCEMENT
EFFORTS BY FOSTERING CLOSE COORDINATION BETWEEN REGIONS, HEADQUARTERS,
AND THE DEPARTMENT OF JUSTICE. ADDITIONALLY, EPA HEADQUARTERS IS
DEVELOPING LEGAL GUIDANCE MATERIALS TO INSURE UNIFORM INTERPRETATION OF
LEGAL SITUATIONS. THE HAZARDOUS WASTE ENFORCEMENT TASK FORCE IS ALREADY
SENDING TEAMS, MADE UP OF A LEGAL AND A TECHNICAL REPRESENTATIVE FROM
THE TASK FORCE AND A REPRESENTATIVE (II THROUGH VI) ONCE A MONTH, AND TO
THE OTHER REGIONS ONCE EVERY SIX TO EIGHT WEEKS. THE PURPOSE OF THESE
MEETINGS IS THE JOINT DEVELOPMENT OF "CASE DEVELOPMENT PLANS" WHERE THE
POTENTIAL FOR ENFORCEMENT ACTION EXISTS. THIS SORT OF COOPERATIVE
EFFORT WILL HELP INSURE NEEDED CONSISTENCY.
B). THE HAZARDOUS WASTE SITE ENFORCEMENT AND RESPONSE SYSTEM WILL
ASK THE REGIONS TO CHECK ON THE STATUS OF STATE-INITIATED AND MANAGED
CASES EVERY TWO WEEKS AND REPORT THE STATUS OF THESE CASES IN THE SITE
TRACKING SYTEM. IN THOSE CASES WHERE STATE AUTHORITIES AND RESOURCES
ARE INADEQUATE TO DEVELOP AN APPROPRIATE REMEDY ANY NEEDED FEDERAL
ACTIONS WILL BE UNDERTAKEN AFTER CONSULTATION ITH THE AFFECTED STATE.
C). AS DESCRIBED ABOVE, EPA, THROUGH THE REGIONS, WILL TRACK THE
STATUS OF THESE CASES.
D). THE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT DOES NOT EXERCISE
LINE CONTROL OVER REGIONAL ENFORCEMENT PERSONNEL, BUT THE COOPERATIVE
MECHANISMS OUTLINED IN ANSWER 1(A) PFOVIDE ASSURANCES THAT THE
ENFORCEMENT EFFORT WILL BE COORDINATED.
E). NO SPECIAL INVESTIGATIONS UNIT HAS BEEN ESTABLISHED, BUT EPA IS
WORKING WITH A CONSULTANT TO ASSESS THE AGENCY'S TRAINING,
ORGANIZATIONAL AND STAFFING NEEDS IN THE INVESTIGATIVE AREAS.
2C). IN 1979, $500,000 WAS SPENT ON PUBLIC EDUCATION ON THE NEED FOR
SITING OF HAZARDOUS WASTE FACILITIES. THE SAME AMOUNT HAS BEEN ALLOTTED
FOR FY 1980. THERE HAS BEEN A MAJOR CHANGE IN THE AMOUNT OF MONEY
ALLOCATED TO THE ASSESSMENT OF DAMAGE FROM EXISTING SITES. IN 1979
$100,000 WAS ALLOCATED WHILE FOR 1980 THE AMOUNT ALLOCATED INCREASED TO
$18 MILLION.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 132 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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4. IN FY 1977, THE YEAR IN WHICH THE RESOURCE RECOVERY AND
CONSERVATION ACT WAS PASSED, OFFICE OF SOLID WASTE EVALUUATED ITS USE OF
ALL RESOURCES IN ORDER TO RE-PROGRAM THEM AS NECESSARY TO COMPLY WITH
THE RULEMAKING ACTIVITIES MANDATED BY THE ACT. SOLID WASTE
INTERNATIONAL RETRIEVAL SYSTEM (SWIRS), EPA'S COMPREHENSIVE SYSTEM FOR
RETRIEVING SOLID WASTE INFORMATION FROM THE WORLD TECHNICAL LITERATURE,
WAS COSTING OSW AT LEAST $225,000 PER YEAR FOR CONTRACT SERVICES, PLUS
TWO MAN-YEARS, AND OTHER INDIRECT COSTS. THE SEARCHES BEING CONDUCTED
VARIED BETWEEN 600 PER YEAR TO 1,800. THE PASSAGE OF RCRA DID NOT
STIMULATE A HIGHER ANNUAL USAGE OF SWIRS (SEE FOLLOING CHART), AND,
THEREFORE, THE RESOURCES REQUIRED TO OPERATE SWIRS WERE REPROGRAMMED, AT
LEAST TEMPORARILY.
OSW IS ACTIVELY SEEKING A BORROWER FROM THE TECHNICAL COMMUNITY TO
OPERATE SWIRS, AND THIS IS STILL A POSSIBILITY. MUCH OF THE KEY
INFORMATION IN SWIRS HAS BEEN MADE AVAILABLE BY OSW IN A SERIES OF
ABSTRACT BULLETINS COVERING THE ENTIRE PERIOD OF SWIRS OPERATION FROM
1964 THROUGH OCTOBER 1978.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 133 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
SOLID WASTE INFORMATION RETRIEVAL SERVICE
GRAPH OMITTED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 134 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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7. A MEETING HAS BEEN SCHEDULED FOR DECEMBER 10, 1979, WITH THE KEY
ENVIRONMENTAL REPRESENTATIVES OF THE FEDERAL AGENCIES MOST LIKELY TO
DEAL WITH HAZARDOUS WASTES (E.G. THE DEFENSE AGENCIES, GSA). AT THAT
MEETING WE WILL EMPHASIZE THE IMPORTANCE OF THE HAZARDOUS WASTE PROBLEM
AND POINT OUT THE LIKELIHOOD OF STATE ENFORCEMENT ACTIONS IF FEDERAL
AGENCIES FAIL TO RESPOND TO THIS PROBLEM.
IN INSTANCES WHERE FEDERAL AGENCIES FAIL TO MEET THEIR
RESPONSIBILITIES IN THIS AREA, EPA WILL UTILIZE THE MEDIATION AND ACTION
ACTIVITIES AVAILABLE UNDER OMB CIRCULAR A-106.
8. IT IS CERTAINLY NOT EPA'S POLICY OR INTENT TO REQUIRE STATES TO
DUPLICATE RCRA OR FEDERAL REGULATIONS. IT IS, HOWEVER, EPA'S
RESPONSIBILITY TO ALERT THE STATES TO THE LEGAL REQUIREMENTS OF RCRA'S
PROVISIONS, AND TO PROVIDE GUIDANCE AS TO THE INTERPRETATION OF TERMS
SUCH AS "EQUIVALENCE" AND "CONSISTENT" FOUND IN RCRA SECTION 3006 AND TO
RECOMMEND HOW THESE REQUIREMENTS CAN BEST OR MOST EASILY BE ACHIEVED.
IN ITS PROPOSED CONSOLIDATED PERMIT REGULATIONS ISSUED ON JUNE 14,
1979, EPA PROPOSED THAT ENFORCEMENT REMEDIES AND PENALTY PROVISIONS IN
STATE HAZARDOUS WASTE LEGISLATION BE THE SAME AS THOSE OF RCRA. THE
INTENT OF THE PROPOSALS WAS TO SOLICIT STATES' REACTIONS AND TO
ENCOURAGE INFORMATION ON STATE ENFORCEMENT AUTHORITIES AND ON CHANGES
SUCH AS REQUIREMENT WOULD FORCE.
THE REGULATIONS WILL BE REVISED AS WARRANTED BY THE COMMENTS AND
INFORMATION EPA RECEIVES.
IN GENERAL, RCRA DOES NOT ALLOW STATES TO IMPOSE PROGRAM REQURFMENTS
LESS STRINGENT THAN THOSE UNDER SUBTITLE C AND ADHERENCE TO RCRA'S
SECTION 3006 MAY BE ACCOMPLISHED MOST EASILY BY ADOPTING EPA'S
REGULATIONS. HOEVER, SUCH AN ADOPTION IS NOT A REQUIREMENT FOR
AUTHORIZATION; THIS IS STRESSED IN THE JUNE 14, 1979, REGULATORY
PROPOSAL.
9. THE COMMENTS EPA HAS RECEIVED TO DATE CONCERNING THE ISSUE OF
EVALUATING THE EQUIVALENCY OF STATE HAZARDOUS WASTE PROGRAMS TO THAT OF
THE FEDERAL GOVERNMENT RANGE FROM ADVOCATING TOTAL DISCRETION FOR THE
EPA REGIONAL ADMINISTRATOR TO RECOMMENDING AGAINST ALLOWING ANY
DEVIATION FROM FEDERAL REGULATIONS. ASSESSMENT OF EQUIVALENCY IS AN
ISSUE UNDERGOING SUBSTANTIAL DELIBERATION WITH EPA IN LIGHT OF THE
PUBLIC COMMENTS. A PLAN WILL BE DEVELOPED WHEN THIS ANALYSIS IS
COMPLETED.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 135 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
DEC. 11, 1979
HONORABLE CARL LEVIN CHAIRMAN SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT
MANAGEMENT COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
WASHINGTON, D.C. 20510
THE ENCLOSED MATERIAL COMPLETES OUR ANSWER TO THOSE QUESTIONS RAISED
IN YOUR LETTER OF SEPTEMBER 24, 1979. I HOPE THAT YOU WILL FIND THE
INFORMATION HELPFUL. I REGRET THAT WE WERE NOT ABLE TO MAKE A FULL
REPLY IN OUR LETTER OF NOVEMBER 20, 1979.
BARPARA BLUM DEPTY ADMINISTRATOR ENCLOSURE
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 136 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
ADDITIONAL RESPONSES TO SEPTEMBER 24 LETTER
4. WE ARE IN THE PROCESS OF PREPARING A BUDGET SUPPLEMENTAL FOR FY
1980, PART OF WHICH WILL BE DEVOTED TO FURTHERING THE IMPLEMENTATION OF
THE HAZARDOUS WASTE PROVISIONS OF RCRA. ADDITIONAL STAFFING AND FUNDING
OULD BE USED TO TRACK THE PROGRESS OF RCRA IMPLEMENTATION AT THE STATE
AND REGIONAL LEVELS, TO PREPARE CASE STUDIES AND GUIDANCE FOR THE STATES
IN CARRYING OUT THEIR PROGRAMS, AND TO RESPOND TO PROBLEMS AS THEY
DEVELOP IN THE IMPLEMENTATION PROCESS.
5. IN THE BUDGET SUPPLEMENTAL FOR FY 1980 DISCUSSED ABOVE, PLANS ARE
BEING CONSIDERED FOR FUNDING REGIONAL OFFICE PERMITTING AND
IMPLEMENTATION ACTIVITIES FOR THOSE STATES WHICH ILL NOT HAVE THEIR OWN
HAZARDOUS WASTE PROGRAMS.
9. IMMEDIATELY UPON RECEIPT OF SENATOR HATFIELDS, NOVEMBER 3, 1977
LETTER TO ADMINISTRATOR COSTLE CONCERNING THE LAND DISPOSAL OF DIOXINS,
EPA'S OFFICE OF SOLID WASTE (OS) TOOK STEPS TO LOOK INTO THE MATTER.
WITHIN TWENTY CALENDAR DAYS, BY NOVEMBER 23, 1977, THE OSW HAD MADE A
CONTRACTUAL ARRANGEMENT WITH A QUALIFIED CONSULTANT HO, WITHIN THAT
TIME-FRAME, COMPLETED A SURVEY THAT IDENTIFIED SEVERAL POTENTIAL SOURCES
(PLANTS) OF DIOXINS, ALL OF HICH WERE THOUGHT, AT THAT TIME, TO BE
ACTIVE.
WITHIN THE NEXT FIVE MONTHS, THE OSW (A) MADE ARRANGEMENTS FOR
IDENTIFICATION OF APPROPRIATE ANALYTICAL PROCEDURES AND SAMPLING
LOCATIONS; AND, (B) INITIATED A PROCESS OF FURTHER
RESEARCH/INVESTIGATION, PRIORITIZATION AND ELIMINATION OF SOURCES
PREVIOUSLY IDENTIFIED (IN THE SURVEY AND THE ENCLOSURES TO SENATOR
HATFIELD'S LETTER).
WITH RESPECT TO (B), THE OSW LEARNED THAT THE CHEMICAL PLANTS
ORIGINALLY THOUGHT TO BE PRODUCERS OF DIOXIN-CONTAINING PRODUCTS (TCP),
IN ACTUALITY WERE NOT PRODUCERS OF TCP AND, THUS, NOT TCP SOURCES OF
DIOXINS. IT WAS THEN THAT TRANSVAAL, IDENTIFIED BY THE CONSULTANTS AS A
TCP PRODUCER IN JACKSONVILLE, ARKANSAS, WAS SELECTED BY THE OSW AS A
POTENTIAL SOURCE OF DIOXIN. MR. PLEHN'S MEMORANDUM OF MAY 4, 1977 WAS
THEN PREPARED AND SENT TO THE EPA REGION VI ADMINISTRATOR.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 137 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
I HOPE THE ABOVE INFORMATION IS RESPONSIVE TO YOUR QUESTIONS AND
BETTER EXPLAINS EPA'S CONCERN AND ACTIVITIES WITH RESPECT TO DIOXINS
BETWEEN THE TIME OF SENATOR HATFIELD'S LETTER AND THE ISSUANCE OF THE
PARTICULAR MEMORANDUM FROM MR. PLEHN TO WHICH YOU HAVE REFEFRED.
YOU MAY ALSO BE INTERESTED IN KNOWING THAT AN IMPORTANT RESULT OF THE
SENATOR'S LETTER AND EPA'S RESPONSE TO IT HAS BEEN THAT A CHLORINATED
DIOXIN WORK GROUP HAS BEEN ESTABLISHED WITHIN EPA TO COORDINATE THE
INVOLVEMENT OF EPA'S TECHNICAL AND REGULATORY ACTIVITIES.
13. WE HAVE NO RELIABLE ESTIMATES OF FINANCIALLY VIABLE ONERS BEYOND
THOSE CONTAINED IN THE EPA CONTRACT STUDY ENTITLED "PRELIMINARY
ASSESSMENT OF CLEAN-UP COSTS FOR NATIONAL HAZARDOUS ASTE PROBLEMS," FROM
WHICH YOUR FIGURE OF 32,000 TO 50,000 SITES WAS DERIVED. MANY OF THOSE
SITES HAVE NOT ACTUALLY BEEN LOCATED, AND THEREFORE DETERMINING
OWNERSHIP OR RESPONSIBILITY IS NOT YET POSSIBLE.
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 138 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
DEC. 11, 1979
HONORABLE CARL LEVIN CHAIRMAN SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT
MANAGEMENT COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
WASHINGTON, D.C. 20510
THIS IS IN RESPONSE TO YOUR LETTER OF OCTOBER 24, 1979, IN WHICH YOU
REQUESTED ANSWERS TO TWO QUESTIONS INVOLVING IMPLEMENTATION OF THE
HAZARDOUS WASTE MANAGEMENT REGULATIONS UNDER THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976 (RCRA). I APOLOGIZE FOR THE DELAY IN
RESPONDING TO YOUR INQUIRIES.
REFERRING TO YOUR FIRST QUESTION CONCERNING INFORMATION TO BE
SUBMITTED BY THE MITRE CORPORATION, THE REPORTS FROM MITRE WILL BE
PLACED IN THE RCRA PUBLIC DOCKET. BEFORE ANY REGULATIONS WHICH MAKE USE
OF THAT DATA ARE PROMULGATED, THERE WILL BE A PUBLIC COMMENT PERIOD.
ON THE SECOND QUESTION ABOUT THE JUNE 15, 1978 MEETING, I DISCUSSED
THIS MATTER IN A PHONE CONVERSATION ITH STEVE KLITZMAN OF YOUR STAFF ON
JULY 27, 1979. AS I SAID AT THAT TIME, I HAVE NO RECOLLECTION OF
REFERRING, IN THAT MEETING, TO EITHER PRESIDENT CARTER'S DIRECTIVE TO
REDUCE THE FEDERAL BUDGET TO FIGHT INFLATION OR TO THE STATE "TAX
REVOLT" AS REASONS FOR REVIEWING THE RCRA HAZARDOUS WASTE REGULATIONS.
MY NOTES FROM THE JUNE 15 MEETING CONTAIN NO SUCH REFERENCES. FORMER
ASSISTANT ADMINISTRATOR FOR WATER AND WASTE MANAGEMENT THOMAS JORLING
TESTIFIED AT YOUR AUGUST 1 HEARING THAT HE CONVEYED NO SUCH REASONS TO
ME.
I HOPE THESE RESPONSES WILL BE HELPFUL TO YOUR INVESTIGATION OF
HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF RCRA.
JOHN P. LEHMAN
TESTIMONY OF BLUM B ACCOMPANIED BY JORLING T C AND MILLER J G
STATEMENT OF BLUM B 790801
OVERSIGHT OF HAZARDOUS WASTE MANAGEMENT AND THE RESOURCE CONSERVATION
AND RECOVERY ACT _90801
PART 139 OF 140
LEVIN SENATOR
BLUM B DEPUTY ADMINISTRATOR
JORLING T C ASSISTANT ADMINISTRATOR
MILLER J G DEPUTY ASSISTANT ADMINISTRATOR CHAIRMAN
ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
TASK FORCE ON HAZARDOUS WASTE EPA ENVIRONMENTAL PROTECTION AGENCY
WATER AND WASTE MANAGEMENT EPA
105296
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ATTACHMENT TO 08104814 PARENT DOCUMENT.
(SUBSEQUENT TO THE HEARING, THE FOLLOWING LETTER TO SENATOR LEVIN
FROM MR. KAUFMAN WAS RECEIVED FOR THE RECORD:)
HONORABLE CARL LEVIN
PURSUANT TO YOUR REQUEST OF AUGUST 1, 1979 RE FLESHING OUT MY
TESTIMONY LAST JULY BEFORE YOUR SUBCOMMITTEE, I HAVE SURVEYED EPA'S
DAMAGE ASSESSMENT FILES AND HAVE CATEGORIZED THE CASES THEREIN INTO
THREE GROUPS: ACTIVE, INACTIVE, AND ABANDONED. I DEFINED AS ABANDONED
THOSE SITES FOR WHICH THERE ARE NO LIABLE "DEEP POCKETS". I SUSPECT
THAT THROUGH VIGOROUS ENFORCEMENT EFFORTS, EPA COULD FIND LIABLE PARTIES
BY "PIERCING THE VEIL" OF THE COMPANIES OWNING AT LEAST ONE OF THE FOUR
ABANDONED SITES IDENTIFIED IN THE SURVEY. I, THEREFORE ALSO REFER TO
THE THIRD GROUP OF SITES AS POTENTIALLY ABANDONED RATHER THAN AS
ABANDONED.
BASED ON THE SURVEY, I ESTIMATE THAT 70% OF THE CASES INVOLVE ACTIVE
SITES, 28% INVOLVE INACTIVE SITES, AND 2% INVOLVE POTENTIALLY ABANDONED
SITES. THIS ESTIMATE WAS DERIVED FROM AN EXAMINATION OF THE CASES FROM
EPA REGION V AND VI, WHICH SHOWED THAT THERE WERE SEVENTY-FIVE ACTIVE
SITES, THIRTY-THREE INACTIVE SITES, AND ONE ABANDONED SITE IN REGION V,
AND THIRTY-EIGHT ACTIVE SITES ,TWELVE INACTIVE SITES, AND THREE
POTENTIALLY ABANDONED SITES IN REGION VI.
I HOPE THAT THIS INFORMATION WILL HELP THE SUBCOMMITTEE IN ITS REVIEW
OF EPA'S EFFORTS TO DATE IN PROTECTING THE PUBLIC FROM THE DANGERS
ASSOCIATED ITH HAZARDOUS WASTE.
HUGH B. KAUFMAN
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 001 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105298
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
TITLE PAGE OMITTED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 002 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105299
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
ABRAHAM RIBICOFF, CONNECTICUT, CHAIRMAN HENRY M JACKSON, WASHINGTON
THOMAS F. EAGLETON, MISSOURI LAWTON CHILES, FLORIDA SAM NUNN, GEORGIA
JOHN GLENN, OHIO JIM SASSER, TENNESSEE DAVID PRYOR, ARKANSAS CARL LEVIN,
MICHIGAN CHARLES H. PERCY, ILLINOIS JACOB K. JAVITS, NEW YORK WILLIAM V.
ROTH, JR., DELAWARE TED STEVENS, ALASKA CHARLES MCC. MATHIAS, JR.,
MARYLAND JOHN C. DANFORTH, MISSOURI WILLIAM S. COHEN, MAINE DAVID
DURENBERGER, MINNESOTA
RICHARD A. WEGMAN, CHIEF COUNSEL AND STAFF DIRECTOR PAUL HOFF,
COUNSEL CONSTANCE B. EVANS, MINORITY STAFF DIRECTOR ELIZABETH A. PREAST,
CHIEF CLERK
CARL LEVIN, MICHIGAN, CHAIRMAN DAVID PRYOR, ARKANSAS WILLIAM S.
COHEN, MAINE DAVID DURENBERGER, MINNESOTA
LINDA J. GUSTITUS, CHIEF COUNSEL AND STAFF DIRECTOR RICHARD L.
TALLMAN, STAFF INVESTIGATOR KATHLEEN F. CHAPMAN, CHIEF CLERK FRANCES C.
DE VERGIE, ASSISTANT CHIEF CLERK JAMES ROSEN, RESEARCH ASSISTANT.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 003 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105300
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
DEAR MR. CHAIRMAN: THE ATTACHED REPORT IS THE CULMINATION OF AN
ELEVEN-MONTH SUBCOMMITTTEE INVESTIGATION INTO THE MANAGEMENT OF
HAZARDOUS WASTES IN THIS COUNTRY. THE SUBCOMMITTEE HAS CONCLUDED THAT
AS A RESULT OF THE INADEQUATE HANDLING OF HAZARDOUS WASTES, HAZARDOUS
WASTE MANAGEMENT HAS BECOME THE COUNTRY'S MOST PRESSING ENVIRONMENTAL
CONCERN.
THE SUBCOMMITTE HELD HEARINGS ON HAZARDOUS WASTE MANAGEMENT AND THE
IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) ON
JULY 19 AND AUGUST 1, 1979. SUBTITLE C OF RCRA REQUIRES THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY (EPA) TO PROMULGATE
REGULATIONS SETTING STANDARDS FOR THE CONTROL OF HAZARDOUS WASTES FROM
THEIR POINT OF GENERATION TO THEIR POINT OF ULTIMATE DISPOSAL. CONGRESS
FULLY INTENDED THAT THE CONTROL OF HAZARDOUS WASTES BE PRIMARILY A STATE
RESPONSIBILITY, AND AS SUCH, IMPLEMENTATION OF SUBTITLE C REGULATIONS
WILL OCCUR FOF THE MOST PART THROUGH AUTHORIZED STATE HAZARDOUS WASTE
MANAGEMENT PROGRAMS.
IMPLEMENTATION OF RCRA HAS BEEN DELAYED FOR AN EXTRAORDINARY PERIOD
OF TIME DUE TO EPA'S FAILURE TO PROMULGATE SUBTITLE C REGULATIONS BY THE
STATUTORY DEADLINES. IN FACT, REGULATIONS TO IDENTIFY WASTES AS
"HAZARDOUS" HAVE YET TO BE PROMULGATED -- A DELAY OF TWO YEARS SINCE THE
STATUTORY DEADLINE.
THE SUBCOMMITTEE HAS EXPRESSED ITS CONCERNS RELATIVE TO THIS
EXTRAORDINARY DELAY, ITS ADVERSE EFFECTS ON HAZARDOUS WASTE REGULATION
AND THE CONTENT OF PROPOSED REGULATIONS IDENTIFYING WASTES AS HAZARDOUS.
IN ADDITION, THE SUBCOMMITTEE IS VERY CONCERNED OVER THE FAILURE OF
BOTH THE STATE AND FEDERAL GOVERNMENTS TO RESPOND ADEQUATELY TO
ENVIRONMENTAL PROBLEMS CAUSED BY THE IMPROPER HANDLING OF HAZARDOUS
WASTES. FINALLY, THE SUBCOMMITTEE HAS ANALYZED EPA'S ORGANIZATIONAL
APPROACH TO HAZARDOUS WASTE REGULATION, AND HAS CONCLUDED THAT EPA'S
CURRENT MANAGEMENT OF HAZARDOUS AND SOLID WASTE PROGRAMS REQUIRES
ORGANIZATIONAL CHANGE. A LEGISLATIVE RESPONSE TO THE NEED FOR SUCH
RESTRUCTURING IS IMPERATIVE.
THE RECOMMENDATIONS OF THE SUBCOMMITTEE AS EXPRESSED IN THE REPORT
INCLUDE THE NEED FOR EPA TO HASTEN PROMULGATION OF RCRA SUBTITLE C
REGULATIONS, TO PROMULGATE ADDITIONAL REGULATIONS FOR THE
INDENTIFICATION OF HAZARDOUS WASTES AND TO IMPROVE ITS PERFORMANCE IN
RESPONDING TO ENVIRONMENTAL HAZARDS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 004 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105301
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
I WOULD ALSO LIKE TO TAKE THIS OPPORTUNITY TO COMMEND THE STAFF OF
THE SUBCOMMITTEE FOR THEIR DEDICATION AND PERSEVERANCE THROUGHOUT THIS
LENGTHY INVESTIGATION, INCLUDING STEVE KLITZMAN, STAFF DIRECTOR, RICHARD
TALLMAN, INVESTIGATOR, JIM ROSEN, RESEARCHER, KATHLEEN CHAPMAN, CHIEF
CLERK AND FRANCES DE VERGIE, ASSISTANT CHIEF CLERK; STEVE MICHAELS,
MINORITY PROFESSIONAL STAFF.
SINCERELY.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 005 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105302
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
TABLE OF CONTENTS OMITTED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 006 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105303
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
YEARS OF INADEQUATE HANDLING AND DISPOSAL OF HAZARDOUS CHEMICAL
WASTES HAVE PUSHED HAZARDOUS WASTE MANAGEMENT TO THE FOREFRONT OF
ENVIRONMENTAL PROTECTION CONCERNS FACING THIS NATION OVER THE LAST
DECADE. TO DATE, GOVERNMENT REGULATION OF HAZARDOUS WASTE, FROM
GENERATORS TO DISPOSERS, HAS BEEN VIRTUALLY NON-EXISTENT.
TOXIC AND OTHER ORGANIC AND INORGANIC HCEMICAL WASTES ARE ONLY
BEGINNING TO PLAGUE THIS COUNTRY. SUCH WASTES HAVE BEEN SHOWN TO ENTER
THE FOOD CHAIN AND THE NATION'S MOST ABUNDANT SUPPLY OF DRINKING WATER,
THE GROUNDWATER, BECAUSE WASTES IMPROPERLY DISPOSED OF IN LANDFILLS OR
OTHER SURFACE IMPOUNDMENTS ARE LEACHING OFFSITE AND ARE THREATENING THE
ENVIRONMENT AND PUBLIC HEALTH.
A VISIBLE AND POIGNANT EXAMPLE OF THE POTENTIAL CONSEQUENCES OF THE
FAILURE OF GOVERNMENT TO ADEQUATELY REGULATE DISPOSAL OF HAZARDOUS WASTE
IS PROVIDED BY LOVE CANAL, WHERE 239 FAMILIES WERE FORCED TO EVACUATE
THEIR HOMES WHEN CHEMICAL WASTES DISPOSED OF BY THE HOOKER CHEMCIALS AND
PLASTICS CORPORATION BEGAN SEEPING INTO THEIR YARDS AND BASEMENTS.
PERHAPS THE MOST APPALLING FACT OF ALL THIS: HAD THE PROPER
GOVERNMENT REGULATION BEEN IN FORCE AT THE TIME, (1950S) IT WOULD HAVE
COST HOOKER CHEMICAL A MAXIMUM OF $4 MILLION -- THAT'S IN CURRENT 1979
DOLLARS -- TO FUND, CONSTRUCT AND SEAL A SECURE, HAZARDOUS WASTE
FACILITY. INSTEAD, THE PUBLIC HAS ALREADY SPENT $23 MILLION - AND THE
ULTIMATE COST TO FORMER LOVE CANAL RESIDENTS AND TO THE COMPANY IS
BEYOND CREDIBLE CALCULATION.
FEBRUARY 7, 1979.
WE ARE ONLY BEGINNING TO DISCOVER THE DIMENSIONS OF THE HAZARDOUS
WASTE DISPOSAL PROBLEM. A CONTRACT STUDY PERFORMED FOR THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS ESTIMATED THAT 30,000 TO
50,000 SITES IN THE UNITED STATES COULD CONTAIN SOME DEGREE OF HAZARDOUS
WASTE. OF THESE, THE STUDY INDICATES, 1,200 TO 2,000 MAY POSE AN
"IMMINENT HAZARD" TO PUBLIC HEALTH AND THE ENVIRONMENT. OF OVER 100
BILLION POUNDS OF HAZARDOUS WASTE GENERATED ANNUALLY, THE EPA MAINTAINS
AS MUCH AS 90 PERCENT ARE BEING DISPOSED OF IN NON-SECURE PONDS,
LANDFILLS AND LAGOONS, AND THAT 10 PERCENT IS BEING INCINERATED WITHOUT
PROPER CONTROLS. FURTHER, 80 PERCENT OF HAZARDOUS WASTE IS DISPOSED OF
ON-SITE (ON COMPANY PROPERTY).
THE CHEMICAL INDUSTRY IS THE LARGEST PRODUCER OF HAZARDOUS WASTE,
ACCOUNTING FOR NEALY 50 PERCENT OF THE ESTIMATED 34.5 MILLION METRIC
TONS OF HAZARDOUS WASTE PRODUCED BY 17 INDUSTRIES EPA STUDIED IN 1977.
COSTS TO TOTALLY ALLEVIATE THE ENVIRONMENTAL AND PUBLIC HEALTH THREAT
POSED BY CURRENT HAZARDOUS WASTE DISPOSAL SITES ARE ESTIMATED TO BE IN
THE RANGE OF 26.2 TO 44.1 BILLION DOLLARS. TO PROVIDE EMERGENCY
RESPONSE AND SITE CLEANUP FOR THE SO-CALLED "TICKING TIME BOMBS," SUCH
AS LOVE CANAL, ALONE WOULD COST FROM 3.6 TO 6.1 BILLION DOLLARS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 007 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105304
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/1/ SEE APPENDIX I FOR A SUMMARY OF RCRA SUBTITLE C PROSISIONS.
TO PLACE THESE COSTS IN PROPER PERSPECTIVE, THE COST TO INDUSTRY TO
COMPLY WITH THE PROPSED REGUALTIONS UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT, OR RCRA (ENACTED IN 1976 TO PROVIDE ADEQUATE REGULATION OF
SOLID AND HAZARDOUS WASTES) WILL BE IN THE NEIGHBORHOOD OF $750 TO $900
MILLION PER YEAR.
CASES OTHER THAN LOVE CANAL WHICH DEMONSTRATED TO THIS SUBCOMMITTEE
THE WIDESPREAD NATURE OF THE HAZARDOUS WASTE PROBLEM INCLUDED:
(1) JACKSONVILLE, ARKANSAS, WHERE WASTES FROM THE MANUFACTURE OF
2.4.5-T, A PRINCIPLE COMPONENT OF THE DEFOLIANT AGENT ORANGE HAVE BEEN
DISPOSED OF BY THE VERTAC CORPORATION ON COMPANY PROPERTY, AND HAVE
RESULTED IN THE HIGHEST LEVEL OF TCDD (DIOXIN) EVER RECORDED IN THIS
COUNTRY.
(2) MONTAGUE, MICHIGAN, WHERE THE ON-SITE DISPOSAL BY HOOKER CHEMICAL
OF CHEMICAL WASTES IN THOUSANDS OF 55-GALLON DRUMS RESULTED IN THE
LEACHING OF ORGANIC CONTAMINANTS INTO GORUNDWATER SUPPLIES AND INTO A
NEARBY RECREATIONAL LAKE.
(3) HEMLOCK, MICHIGAN, WHERE A NOT-YET-VERIFIED CONTAMINANT LOCATED
EITHER IN THE AIR, FOOD CHAIN OR THE GROUNDWATER HAS RESULTED IN
INCREASED HEALTH DISORDERS BOTH FOR LIVESTOCK AND HUMAN RESIDENTS.
(4) GRAY, MAINE, WHERE 750 FAMILIES DRANK POLLUTED GROUNDWATER FOR
FOUR YEARS, AS A RESULT OF LEAKS FROM AN INACTIVE SOLVENT AND OIL
PROCESSING FACILITY.
(5) SHAKOPEE, MINNESOTA, WHERE POLLUTION CONTROLS, INC., WHICH
INCINERATED COMBUSTIBLE PAINT SLUDGES, SOLVENTS AND WASTE OILS, IS UNDER
COURT INJUNCTION TO CLEAN UP AND ELIMINATE AN INVENTORY OF 30,000 DRUMS.
WASTES DISPOSED OF AT THESE AND OTHER SITES THAT THE SUBCOMMITTEE HAS
REVIEWED INCLUDE HIGHLY-TOXIC DIOXIN, C.5-6 (HEXACHLOROCYCLOPENTADIENE),
TRICHLOROPHENOL, TRICHLOROETHYLENE, AND OTHER ORGANIC AND INORGANIC
CONTAMINANTS. SUCH WASTES CAN AND DO PRODUCE TOXIC EFFECTS IN HUMANS
AND ANIMALS INCLUDINC POSIONING, CARCINOGENICITY, MUTAGENICITY, AND
TERATOGENICITY (FETUS-DEFORMING QUALTIIES).
THE RESOURCE CONSERVATION AND RECOVERY ACT WAS ENACTED ON OCTOBER 21,
1976 TO PROTECT THE LAND, DRINKING WATER SUPPLIES AND THE FOOD CHAIN
FROM ENVIRONMENTAL POLLUTION. /1/ SUBTITLE C OF THE ACT ESTABLISHES A
SYSTEM OF REGULATORY CONTROL OVER HAZARDOUS WASTES FORM THE POINT OF
GENERATION OF THESE WASTES TO THE POINT OF ULTIMATE DISPOSAL.
THE SUBCOMMITTEE BEGAN ITS INVESTIGATION INTO HAZARDOUS WASTE
MANAGEMENT AND THE IMPLEMENTATION OF THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA) IN THE SPRING OF 1979. FOUR ISSUES IN PARTICULAR
PROMPTED THE SUBCOMMITTEE'S INQUIRY AND PROVIDE A BASIS FOR THE
SUBSTANCE OF THIS REPORT:
(1) THE CONTENT OF PROPOSED REGULATIONS TO IMPLEMENT SECTION 3001
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE UNDER THE SUBTITLE C OF
THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA);
(2) THE CONTINUING FAILURE OF EPA TO PROMULGATE RCRA SUBTITLE C
REGULATIONS ACCORDING TO THE STATUTORY SCHEDULE;
(3) ENFORCEMENT ACTIONS INITIATED BY THE EPA REORGANIZATION,
APPLICABLE STATUTORY AUTHORITY, COMPILATION OF AN ADEQUATE WASTE SITE
INVENTORY, STATE AND FEDERAL GOVERNMENTS' WILLINGNESS AND ABILITY TO
RESPOND TO ENVIRONMENTAL HAZARDS AND FEDERAL ASSISTANCE TO STATES FOR
ENFORCEMENT ACTIONS: AND.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 008 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105305
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
(4) EPA ORGANIZATION AS RELATED TO IMPLEMENTATION OF RCRA.
DURING ITS INVESTIGATION, THE SUBCOMMITTEE MADE NUMBEROUS INQUIRIES
OF CONSUMERS, INDUSTRY OFFICIALS, AGENCY OFFICIALS AND VARIOUS
ENVIRONMENTAL GROUPS. THE INVESTIGATION PROMPTED TWO DAYS OF
SUBCOMMITTEE HEARINGS, WHICH WERE HELD ON JULY 19 AND AUGUST 1, 1979.
TESTIFYING AT THE HEARINGS WERE THE FOLLOWING INDIVIDUALS:
MRS. CAROL JEAN KRUGER, CITIZEN, HEMLOCK, MICHIGAN.
MRS. KATHRY JUNGNITSCH, CITZEN, HEMLOCK, MICHIGAN
DR. HOWARD A. TANNER, DIRECTOR, MICHIGAN DEPARTMENT OF NATURAL
RESOURCES.
WILLIAM MARKS, ASSISTANT CHIEF, BUREAU OF ENVIRONMENTAL PROTECTION,
MICHIGAN DEPARTMENT OF NATURAL RESOURCES.
JACK BAILS, CHIEF, ENVIRONMENTAL ENFORCEMENT DIVISION, MICHIGAN
DEPARTMENT OF NATURAL RESOURCES.
DR. JAMES TRUCHAN, ENVIRONMENTAL SPECIALIST, MICHIGAN DEPARTMENT OF
NATURAL RESOURCES.
MR. THOMAS F. SCHIMPF, ASSISTANT ATTORNEY GENERAL, ENVIRONMENTAL
PROTECTION DIVISION, STATE OF MICHIGAN.
JOHN MCGURIE, REGIONAL ADMINISTRATOR, REGION V. ENVIRONMENTAL
PROTECTION AGENCY.
FRAN PHILLIPS, ASSISTANT REGIONAL ADMINISTRATOR, REGION VI,
ENVIRONMENTAL PROTECTION AGENCY.
LEE BOTTS, CHAIRMAN, GREAT LAKES BASIN COMMISSION.
A. BLAKEMAN EARLY, WASHINGTON REPRESENTATIVE, SIERRA CLUB.
WILLIAM SANJOUR, CHIEF, HAZARDOUS WASTE IMPLEMENTATION BRANCH, STATE
PROGRAMS AND RESOURCE RECOVERY DIVISION, ENVIRONMENTAL PROTECTION
AGENCY.
HUGH B. KAUFMAN, PROGRAM MANAGER, DAMAGE ASSESSMENT PROGRAM,
HAZARDOUS WASTE MANAGEMENT DIVISION, ENVIRONMENTAL PROTECTION AGENCY.
BARBARA BLUM, DEPUTY ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY.
THOMAS C. JORLING, ASSISTANT ADMINISTRATOR FOR WATER AND WASTE
MANAGEMENT, ENVIRONMENTAL PROTECTION AGENCY.
JEFFREY G. MILLER, DEPUTY ASSISTANT ADMINISTRATOR FOR WATER
ENFORCEMENT AND CHAIRMAN, TASK FORCE ON HAZARDOUS WASTES, ENVIRONMENTAL
PROTECTION AGENCY.
THE FOLLOWING REPORT IS BASED ON THE SUBCOMMITTEE'S HEARINGS AND DATA
RECEIVED IN RESPONSE TO ITS INQUIRIES THROUGHOUT THE INVESTIGATION.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
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US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105306
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INTENTIONAL BLANK
BLANK PAGE OMITTED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
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COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
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105307
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/1/ SEE PAGE 9 FOR A DESCRIPTION OF THE REQUIREMENT TO USE
CHARACTERISTICS.
THE FOLLOWING IS A BRIEF SUMMARY OF MAJOR FINDINGS AND
RECOMMENDATIONS WHICH ARE EXPRESSED IN GREATER DETAIL IN THE TEXT OF
THIS REPORT.
IDENTIFICATION AND LISTING OF HAZARDOUS
WASTES
1. THE SUBCOMMITTEE FINDS THAT EVEN RECENT INCREASES IN THE NUMBER
OF SUBSTANCES TO BE REGULATED UNDER SECTION 3001 OF RCRA ARE NOT
SUFFICIENT TO ENSURE PROTECTION OF THE PUBLIC AND THE ENVIRONMENT FROM
PROBLEMS EMANATING FROM IMPROPER DISPOAL OF HAZARDOUS WASTE. FURTHER,
EPA'S DEPARTURE FROM THE USE OF CHARACTERISTICS AS INDICATORS OF A
CHEMICAL'S HAZARDOUS NATURE LEAVES A MAJOR GAP IN THE REGULATORY SCHEME.
/1/
2. THE REVISION OF EPA'S MARCH 1979 DRAFT REGULATIONS REDUCING THE
USE OF CHARACTERISTICS FOR SECTION 3001 HAS CONTRIBUTED GREATLY TO THE
REGULATORY DELAY.
3. EPA'S EXPLANATION FOR FAILING TO USE CHARACTERISTICS TO IDENTIFY
TOXIC, READIOACTIVE, INFECTIOUS PHYTOTOXIC, TERATOGENIC AND MUTAGENIC
SUBSTANCES UNDER PROPOSED REGUALTIONS FOR SECTION 3001 -- THAT OF NOT
HAVING RELIABLE TEST PROTOCOLS FOR THOSE CHARACTERISTICS -- IS NOT
CONSISTENT W-TH THE AGENCY'S USE OF TEST PROTOCOLS.
IMPLEMENTATION OF SUBTITLE C
1. THE SUBCOMMITTEE FINDS EPA'S JUSTIFICATIONS FOR THE DELAY AS
LACKING IN MERIT.
2. IN DEVELOPING REGULATIONS UNDER SUBTITLE C OF RCRA, THE
SUBCOMMITTEE FINDS THAT EPA INCREASED THE DELAY IN PROMULGATION BY ITS
REVISION AND REDUCTION OF THE SCOPE OF THE DRAFT REGULATIONS. THE
EFFECTS OF THE DELAY WERE:
TO FUTHER RETARD IMPLEMENTATION OF THE ACT AT THE STATE AND FEDERAL
LEVEL;
TO ALLOW UNSAFE DISPOSAL PRACTICES TO CONTINUE AND TO FURTHER
ENDANGER PUBLIC HEALTH AND THE ENVIRONEMTN;
TO INHIBIT WASTE DISPOSAL COMPANIES FROM INVESTING IN NEW EQUIPMENT
FOR FEAR OF THE FACILITIES' INABILITY TO MEET EPA STANDARDS;
TO INCREASE PUBLIC UNCERTAINTY RESULTING IN AN INCREASE IN THE
OPPOSITION TO SITING OF NEW HAZARDOUS WASTE FACILITIES;
TO FORCE THE DEPARTMENT OF JUSTICE TO RESORT TO COMMON LAW AND
VARIOUS STATUTORY AUTHORITY, SUCH AS THE "IMMINENT HAZARD" PROVISION OF
RCRA, FOR ENFORCEMENT ACTION, RESULTING IN LESS EFFECTIVE ENFORCEMENT;
TO REDUCE THE EFFECTIVENESS OF EPA'S INTERNAL REGULATORY DEVELOPMENT
PROCESS BY REDUCING MORALE AND CONFIDENCE AMONG EMPLOYEES AT THE PROGRAM
LEVEL.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 011 OF 65
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COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105308
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
AND ENFORCEMTN
1. EPA HAS FAILED TO MAKE FULL USE OF ITS AUTHORITY TO IDENTIFY AND
MITIGATE THE HAZARDS POSED BY THE IMPROPER DISPOSAL OF HAZARDOUS WASTE.
ENFORCEMENT ACTIONS TAKEN BY THE AGENCY TO REMEDY INDADEQUATE DISPOSAL
PROBLEMS AHVE BEEN INSUFFICIENT TO DATE.
2. THE SUBCOMMITTEE FINDS THAT THE COSTS TO REMEDY PAST UNSOUND
HAZARDOUS WASTE DISPOSAL PRACTICES ARE EXTREMELY HIGH, AND THAT A
MECHANISM FOR THE FINANCING OF MOST IDENTIFICATION, ENFORCEMENT, AND
REMEDIAL EFFORTS DOES NOT EXIST AT THE STATE OR FEDERAL LEVEL.
3. THE EPA AND STATE ENVIRONMENTAL PROTECTION AGENCIES HAVE FAILED
TO SCRUTINIZE THE DISPOSAL ACTIVITIES OF INDUSTRY TO PREVENT THE
TREMENDOUS LEVELS OF ENVIRONMENTAL DISRUTPION THAT HAVE AND WILL PREVAIL
WITHOUT ADDED CONTROLS.
REQUIRING DISPOSAL FACILITIES TO OBTAIN A NATIONAL POLLUTANTS
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT MAY HAVE THE EFFECT OF
REDUCING EFFLUENTS REMOVED FROM SUCH DISCHARGES IN AN UNSOUND MANNER ON
THE LAND.
5. EPA HAS NOT YET ADEQUATELY ASSESSED THE EXTENT OF THE HAZARDOUS
WASTE PROBLEM BY COMPILING A COMPREHENSIVE INVENTORY OF FACILITIES AND
SITES.
6. THE STATE AND FEDERAL GOVERNMENTS HAVE NOT RESPONDED ADEQUATELY
TO SERIOUS PUBLIC ENVIRONMENTAL CONCERNS OVER INADEQUATE HAZARDOUS WASTE
DISPOSAL WHEN THOSE CONCERNS WERE BROUGHT TO THEIR ATTENTION. AS
EVIDENCED IN CHAPTER 3, BY FAILING TO REVIEW ONGOING INDUSTRY ACTIVITY,
SUCH AS IN THE MONTAGUE CASE, AND BY FAILING TO RESPOND TO CITIZEN AND
CONGRESSIONAL CONCERNS IN THE HEMLOCK, MICHIGAN AND JACKSONVILLE,
ARKANSAS CASES, GOVERNMENT AGENCIES HAVE NOT FULFILLED THEIR OBLIGATION
TO RESPOND.
7. THE SUBCOMMITTEE FINDS THAT COOPERATION BETWEEN STATE
ENVIRONMENTAL PROTECTION AGENCIES AND THE EPA REGIONS HAS BEGUN TO
INCREASE AND AGGRESSIVE STEPS TO ADDRESS HAZARDOUS WASTE PROBLEMS ARE
BIGINNING TO TAKE PLACE.
8. STATE ATTORNEYS' GENERAL OFFICES ARE IN NEED OF FINANCIAL AND
TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF ENFORCEMENT ACTIONS IN
HAZARDOUS WASTE CASES.
ORGANIZATION.
THE SUBCOMMITTEE FINDS THAT THERE IS SUBSTANTIAL EVIDENCE SUPPORTING
THE ELEVATION OF THE EPA OFFICE OF SOLID WASTE TO THE STATUS OF THE
OFFICE OF ASSISTANT ADMINISTRATOR DUE TO CURRENT AND PAST INADEQUATE
MANAGEMENT OVER THE IMPLEMENTATION OF RCRA.
3001: IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
1. EPA SHOULD INCORPORATE INTO ITS FINAL SECTION 3001 REGULATIONS
THE MOST RECENTLY PUBLISHED ('44 FEDERAL REGISTER, PAGE 15926) WATER
QUALITY CRITERIA UNDER THE CLEAN WATER ACT. SUCH AN ADDITION WILL
ENHANCE THE EFFECTIVENESS OF RCRA BY BRINGING THE MAJOR PRIORITY
POLLUTANTS UNDER THE CONTROL OF SUBTITLE C.
2. EPA SHOULD REFRAIN FROM ANY FURTHER MAJOR REVISIONS OF THE
PROPOSED REGULATIONS SO THAT THOSE REGULATIONS MAY FINALLY BE
PROMULGATED WITHOUT FURTHER DELAY.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 012 OF 65
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COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
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105309
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3. EPA SHOULD PROMULGATE REGULATIONS EXPANDING THE CHARACTERISTICS
OF HAZARDOUS WASTE AS SOON AS POSSIBLE, TO INCLUDE CHARACTERISTICS FOR
RADIOACTIVITY, UNNATURAL GENETIC ACTIVITY AND BIO-ACCUMULATION.
IN THE IMPLEMENTATION OF SUBTITLE C
EPA SHOULD HASTEN THE PROMULGATION OF RCRA SUBTITLE C REGULATIONS IN
ORDER TO IMPLEMENT THE STATUTE IMMEDIATELY AND TO PROVIDE FOR STATE
CONTROL OVER THE PROBLEMS ASSOCIATED WITH HAZARDOUS WASTE.
RESPONSE AND ENFORCEMENT
1. EPA AND THE DEPARTMENT OF JUSTICE SHOULD MAKE FULL USE OF SECTION
7003 (IMMINENT HAZARD AUTHORITY) AND OTHER LEGAL AUTHORITY TO IDENTIFY
THE TRANSGRESSORS AND ALLEVIATE THE HAZARDS POSED BY TOXIC AND HAZARDOUS
WASTES, PRIOR TO AND BEYOND THE PROMULGATION OF SUBTITLE C REGULATIONS.
2. CONGRESS SHOULD ENACT "SUPERFUND" LEGISLATION TO PROVIDE AMPLE
FUNDS TO COVER INITIAL CLEANUP COSTS IN HAZARDOUS WASTE REMEDIAL EFFORTS
AND A SUFFICIENTLY STREAMLINED FEE SYSTEM TO ALLOW PROMPT RECOVERY OF
FEDERAL EXPENDITURES.
3. WHEN A STATE HAS BEEN AUTHORIZED TO OPERATE ITS OWN HAZARDOUS
WASTE MANAGEMENT PROGRAM UNDER RCRA, IT SHOULD USE ITS FULL AUTHORITY
UNDER SECTION 3007 TO INSPECT FACILITIES SUCH AS THE MONTAGUE, MICHIGAN
DISPOSAL SITE OWNED AND OPERATED BY HOOKER CHEMICAL CORPORATION. THE
EPA SHOULD ASSUME THIS RESPONSIBILITY IN LIEU OF A STATE AUTHORIZED
HAZARDOUS WASTE PROGRAM.
4. THE EPA AND THE STATES SHOULD CAREFULLY REVIEW ALL ALTERNATE
DISPOSAL PLANS SUBMITTED BY ANY FACILITY APPLYING FOR AN NPDES PERMIT
CONCENTRATING ON WHAT PRECISE METHOD OF DISPOSAL IS BEING USED TO TREAT
EFFLUENTS REMOVED FROM THE WATER DISCHARGE.
5. IN ORDER TO IMPROVE THE INVENTORY OF HAZARDOUS WASTE SITES, THE
SUBSOMMITTEE RECOMMENDS THAT EPA AND THE STATES REVIEW ALL NPDES PERMIT
APPLICATIONS AND ALL PERMITTED FACILITIES TO DETERMINE WHAT ALTERNATE
FORMS OF DISPOSAL WILL BE OR ARE BEING UTILIZED TO TREAT THE EFFLUENT
DISCHARGES.
6. EPA SHOULD USE ALL AVAILABLE TOOLS TO ENHANCE ITS ADMITTEDLY POOR
INVENTORY.
7. EPA REGIONAL AND HEADQUARTERS OFFICES SHOULD, TO THE BEST OF
THEIR ABILITY, RESPOND TO PUBLIC AND PRIVATE CONCERNS OVER ENVIRONMENTAL
PROBLEMS POSED BY DISPOSAL OF HAZARDOUS WASTES.
8. EPA SHOULD BE FLEXIBLE IN ADMINISTERING RCRA TO ENSURE MAXIMUM
STATE IMPLEMENTATION.
9. UPON REQUEST BY A STATE ENVIRONMENTAL PROTECTION AGENCY THAT RCRA
SECTION 3001 FUNDING OR OTHER EXISTING FUNDS BE REPROGRAMMED AND
CHANNELED INTO STATE ATTORNEYS GENERAL OFFICES FOR ENFORCEMENT ACTION.
EPA REGIONAL ADMINISTRATORS SHOULD APPROVE SUCH REPROGRAMMING OF FUNDS.
IF IT BECOMES APPARENT THAT SUCH FUNDING CONTINUES TO BE INSUFFICIENT
FOR ENFORCEMENT ACTION IN HAZARDOUS WASTE CASES, CONGRESS SHOULD ENACT
LEGISLATION TO AUTHORIZE ADDITIONAL APPROPRIATIONS FOR SUCH ASSISTANCE.
ORGANIZATION
CONGRESS SHOULD ENACT LEGISLATION TO CREATE AN OFFICE OF ASSISTANT
ADMINISTRATOR FOR SOLID WASTE WITHIN EPA.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 013 OF 65
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SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105310
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
INTENTIONAL BLANK
BLANK PAGE OMITTED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
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COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105311
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
INTENTIONAL BLANK
BLANK PAGE OMITTED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 015 OF 65
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MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105312
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/1/ 42 U.S.C. 6921, SEC. 3001(A).
/2/ 42 U.S.C. 6921, SEC. 3001(B).
/3/ SEE SUBCOMMITTEE HEARING OF AUGUST 1, 1979.
THE CORNERSTONE OF THE HAZARDOUS WASTE REGULATIONS, SECTION 3001 OF
SUBTITLE C OF RCRA WAS A MAJOR FOCUS OF THE SUBCOMMITTEE'S AGUST 1
HEARING, SECTION 3001 REQUIRES THE ADMINISTRATOR TO PROMULGATE
REGULATIONS SETTING STANDARDS FOR THE IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE.
SPECIFICALLY, THE ADMINISTRATOR IS REQUIRED TO:
DEVELOP AND PROMULGATE CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS WASTE, AND FOR LISTING HAZARDOUS WASTE, WHICH SHOULD BE
SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, TAKING INTO ACCOUNT
TOXICITY, PERSISTENCE, AND DEGRADABILITY IN NATURE, POTENTIAL FOR
ACCUMULATION IN TISSUE, AND OTHER RELATED FACTORS SUCH AS FLAMMABILITY,
CORROSIVENESS AND OTHER HAZARDOUS CHARACTERISTICS. /1/
IN ADDITION, UNDER SECTION 3001(B) THE ADMINISTRATOR MUST:
. . . PROMULGATE REGULATIONS IDENTIFYING THE CHARACTERISTICS OF
HAZARDOUS WASTE, AND LISTING PARTICULAR HAZARDOUS WASTES (WITHIN THE
MEANING OF SECTION 1004(5)) (DEFINITION UNDER THE ACT OF "HAZARDOUS
WASTE"), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE.
SUCH REGULATIONS SHALL BE BUSED ON THE CRITERIA PROMULGATED UNDER
SUBSECTION (A) (ABOVE)." /2/
IN SIMPLER TERMS, THE AGENCY IS TO:
(1) DEVELOP CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS
WASTE AND FOR LISTING SPECIFIC WASTES:
(2) SPECIFY THOSE CHARACTERISTICS; AND
(3) LIST PARTICULAR SUBSTANCES AS BEING HAZARDOUS.
REGULATIONS FOR SECTION 3001 WERE PROPOSED IN THE DECEMBER 18, 1978
FEDERAL REGISTER; HOWEVER, THE PROPOSED REGULATIONS DIFFER GREATLY FROM
DRAFT REGULATIONS DRAWN UP BY THE AGENCY IN MARCH, 1978.
ACCORDING TO WILLIAM SANJOUR, CHIEF OF THE HAZARDOUS WASTE
IMPLEMENTATION BRANCH OF THE STATE PROGRAMS AND RESOURCE RECOVERY
DIVISION OF EPA, WHO TESTIFIED BEFORE THE SUBCOMMITTEE ON AUGUST 1,
1979, THE MARCH 6, 1978 DRAFT REGULATIONS:
. . . CONTAINED PROPOSED TEST PROTOCOLS FOR THE FOLLOWING HAZARDOUS
CHARACTERISTICS: IGNITABILITY, CORROSIVITY: REACTIVITY:
RADIOACTIVITY, MUTAGENICITY, BIOACCUMULATION: AND TOXICITY WHICH
INCLUDE SEVERAL FACTORS: FIRST OF ALL, BIOASSAY TESTS: SECOND, THE
INCLUSION OF THE 26 CHEMICALS ON THE EPA WASTE QUALITY CRITERA; AND
ALSO, ANIMAL TOXICITY VALUES SUCH AS THOSE IN THE NIOSH (NATIONAL
INSTITUTE ON OCCUPATIONAL SAFETY AND HEALTH) REGISTRY OF TOXIC EFFECTS
OF CHEMICAL SUBSTANCES . . . IT CONTAINS SOMETHING OVER 20,000
CHEMICALS, OF WHICH EPA'S STAFF DETERMINED THAT APPROXIMATELY 4,000 OF
THEM ARE SUFFICIENTLY TOXIC SO THAT THEIR PRESENCE IN A WASTE WOULD MAKE
THAT WASTE HAZARDOUS.
THESE REGULATIONS ALSO LISTED SPECIFIC HAZARDOUS WASTES. SCIENTIFIC
DATA AND ACTUAL EXPERIENCE WITH HUMAN HEALTH EFFECTS ESTABLISHED THAT
ANY SUBSTANCE THAT EXHIBITED ANY ONE OR MORE OF THESE CHARACTERISTICS
WAS INDEED "HAZARDOUS." /3/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 016 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105313
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/4/ F.R. VOL. 43, NO. 243, DEC. 18, 1978, P. 58950.
/5/ F.R. VOL. 43, NO. 243, DEC. 18, 1978, P. 58950.
/6/ AUGUST 1, 1979 HEARING TRANSCRIPT, P. 189-190.
THUS, BASED ON MILLIONS OF DOLLARS SPENT ON SCIENTIFIC RESEARCH
STARTING WITH THE PASSAGE OF THE SOLID WASTE DISPOSAL ACT IN 1970, THE
AGENCY'S EFFORTS HAD RESULTED IN DRAFT REGULATIONS OF IMMENSE PROPORTION
AND REGULATORY COVERAGE.
HOWEVER, VERY SIGNIFICANT STRUCTURAL CHANGES OCCURRED IN THE
REGULATION, AS EVIDENCED BY THE VERSION PROPOSED IN THE FEDERAL REGISTER
ON DECEMBER 18, 1978.
IN PROPOSING REGULATIONS FOR SECTION 3001 DIFFERENT FROM THE DRAFT
REGULATIONS, EPA ELECTED TO RELY ON ONLY THE FOLLOWING CHARACTERISTICS:
(1) IGNITABILITY;
(2) CORROSIVITY;
(3) REACTIVITY; AND
(4) TOXICITY (USING AN EXTRACTION PROCEDURE DESIGNED TO DETERMINE THE
POLLUTANTS THAT COULD MIGRATE FROM A WASTE WHEN DISPOSED IN AN OPEN DUMP
ENVIRONMENT). /4/
THE AGENCY FAILED TO RELY ON ANY OTHER CHARACTERISTICS BASED ON THE
BELIEF THAT THE ABOVE:
" . . . ARE THE ONLY ONES FOR WHICH THE AGENCY CONFIDENTLY BELIEVES
TEST PROTOCOLS ARE AVAILABEL." /5/
THAT ASSERTION, AFTER EIGHT YEARS OF RESEARCH CULMINATING IN THE
IDENTIFICATION OF TEST PROTOCOLS FOR SEVEN CHARACTERISTICS IN THE MARCH
6 DRAFT REGULATIONS, INDICATES A CLEAR DEPARTURE FROM PREVIOUS AGENCY
EFFORTS TO ACCOMPLISH MAXIMUM COVERAGE UNDER THE HAZARDOUS WASTE
REGULATIONS.
DURING THE AUGUST 1 HEARING, WILLIAM SANJOUR SUMMARIZED THE APPARENT
REASON FOR THE "CHANGE" AS FOLLOWS:
. . . BY MARCH OF 1978 THE TECHNICAL STAFF HAD COMPLETED DRAFTING
HAZARDOUS WASTE REGULATIONS. THIS WAS DONE WITH THE PARTICIPATION OF
ALL OFFICES IN EPA. INNUMERABLE MEETINGS HAD BEEN HELD WITH EVERY
SEGMENT OF THE FEDERAL GOVERNMENT, STATE GOVERNMENTS, LOCAL GOVERNMENTS
AS WELL AS INDUSTRY, LABOR, ENVIRONMENTALISTS, AND OTHER AFFECTED
PARTIES.
EVERY CONCEIVABLE ISSUE HAD BEEN REPEATEDLY DEBATED AND REPEATEDLY
RESOLVED. AT THAT POINT, THE DRAFT REGULATIONS REFLECTED A CULMINATION
OF YEARS OF STAFF TIME AND MILLIONS OF TAXPAYERS' DOLLARS. WE EXPECTED
THE REGULATIONS TO BE PROPOSED IN THE FEDERAL REGISTER AFTER A FEW
MONTHS OF UPPER MANAGEMENT REVIEW AND REVISION.
IN JUNE OF 1978, HOWEVER, WE WERE INFORMED BY OUR MANAGEMENT THAT
BECAUSE OF PRESSURE FORM THE WHITE HOUSE TO FIGHT INFLATION, THE SCOPE
OF THE DRAFT HAZARDOUS WASTE REGULATIONS WOULD HAVE TO BE REDUCED.
TO THAT END, WE WERE DIRECTED NOT TO RELY ON OBJECTIVE
CHARACTERISTICS AND TEST PROTOCOLS TO IDENTIFY HAZARDOUS WASTE, BUT TO
LIMIT REGULATIONS TO A LIST OF SPECIFIC INDUSTRIES.
WE WERE TOLD TO AVOID REGULATING HAZARDOUS WASTE FROM THE OIL AND GAS
INDUSTRY, FROM ELECTRIC POWER COMPANIES, AND FROM OTHER LARGE
INDUSTRIES.
WE WERE TO AVOID REGULATING HAZARDOUS WASTE FROM INDUSTRIES OR
MUNICIPALITIES WHICH HAVE WATER DISCHARGE PERMITS UNDER THE CLEAN WATER
ACT.
WE WERE ALSO TOLD TO STOP LOOKING FOR HAZARDOUS WASTE SITES WHICH
POSED AN IMMINENT HAZARD TO PUBLIC HEALTH; TO DELAY GETTING OUT THE
REGULATIONS WHILE WE "RESTUDIED" ALL POSSIBLE OPTIONS; AND TO KEEP ALL
THIS FROM THE PUBLIC. /6/
CHAIRMAN LEVIN, IN ORDER TO DETERMINE WHERE THE ORDER FOR THE
"CHANGE" ORIGINATED, QUERIED MR. SANJOUR AS FOLLOWS:
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 017 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105314
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/7/ AUGUST 1, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, P. 202.
/8/ TESTIMONY OF A. BLAKEMAN EARLY ON BEHALF OF THE SIERRA CLUB,
BEFORE THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, AUGUST 1,
1979, P. 2.
/9/ AUGUST 1, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, P. 259.
/10/ TESTIMONY OF A. BLAKEMAN EARLY ON BEHALF OF THE SIERRA CLUB,
BEFORE THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, AUCUST 1,
1979, P. 3.
/11/ IT SHOULD BE NOTED THAT IN THIS CONTEXT, HAZARDOUS WASTES REFER
TO HAZARDOUS BY-PRODUCTS FROM THE MANUFACTURE OF ORGANIC CHEMICALS AS
WELL AS TO THE CHEMICALS THEMSELVES IF DISPOSED OF IMPROPERLY. BOTH THE
CHEMICALS PRODUCED AND THEIR BY-PRODUCTS HAVE DEMONSTRATED HAZARDOUS
CHARACTERISTICS.
SENATOR LEVIN: "YOU'VE INDICATED IN A NUMBER OF PLACES REFERENCE TO
EPA'S TOP MANAGEMENT; OR "UPPER LEVEL MANAGEMENT" WHO SPECIFICALLY ARE
YOU REFERRING TO IN THOSE INSTANCES?"
MR. SANJOUR; "WHEN THOSE JUNE CUTBACKS CAME ABOUT, WE WERE GIVEN
INSTRUCTIONS BY JACK LEHMAN AND GARY DIETRICH AND WERE TOLD BY BOTH OF
THEM THAT THESE INSTRUCTIONS WERE COMING FROM MR. JORLING." /7/
A. BLACKEMAN EARLY, WHO TESTIFIED BEFORE THE SUBCOMMITTEE ON BEHALF
OF THE SIERRA CLUB, WAS CONVINCED THAT THE INFLATION FIGHT ALLEGATION
WAS THE REASON FOR THE "CHANGE".
WHY DID EPA MANAGEMENT ALLOW SUCH FUNDAMENTAL ISSUES TO GO UNRESOLVED
AS LATE AS JULY OF 1978, THREE MONTHS AFTER THE REGULATIONS SHOULD HAVE
BEEN PUBLISHED IN FINAL FORM? MANAGEMENT CAN BE THE ONLY CONCLUSION.
A MORE IMPORTANT QUESTION MIGHT BE WHY MR. JORLING MADE DECISIONS TO
CUT BACK VERY SIGNIFICANTLY THE SCOPE AND COVERAGE OF THE HAZARDOUS
WASTE MANAGEMENT REGULATIONS. CLEARLY, THE OVERRIDING CONCERN WAS THE
BUDGETARY IMPACT THE HAZARDOUS WASTE PROGRAM MIGHT HAVE. /8/ (EMPHASIS
ADDED)
AT THAT TIME, AND UNTIL SEPTEMBER 1979, MR. THOMAS JORLING WAS THE
ASSISTANT ADMINISTRATOR FOR WATER AND WASTE MANAGEMENT AT EPA. MR.
JORLING ALSO TESTIFED BEFORE THE SUBCOMMITTEE ON AUGUST 1, AND WHEN
ASKED BY CHAIRMAN LEVIN WHETHER ECONOMIC CONSIDERATIONS OR THE
PRESIDENT'S FIGHT AGAINST INFLATION WERE REASONS FOR THE CHANGE, MR.
JORLING RESPONDED: "THAT IS A DESPICABLE LIE." /9/
MR. EARLY SUMMED UP THE EFFECTS OF THE REGULATORY REVISION OF SECTION
3001 AS FOLLOWS:
THESE BUDGETARY CONSIDERATIONS HAVE HAD AND WILL HAVE ON THE
HAZARDOUS WASTE PROGRAM A SERIOUS ADVERSE IMPACT ON THE PROTECTION
AFFORDED THE PUBLIC HEALTH AND THE ENVIRONMENT. THE PROPOSED
REGULATIONS WHICH EMERGED FROM THIS BUDGET-TRIMMING PROCESS ELIMINATED
SOME OF THE WASTES THAT ARE OF GREATEST CONCERN TO THE AMERICAN PUBLIC.
ELIMINATED FROM PREVIOUS DRAFTS OF THE REGULATIONS WERE SUCH
CHARACTERISTICS AS CARCINOGENICITY, BIRTH DEFECT AND GENETIC DAMAGE
CAUSING PROPERTIES. EVEN TOXICITY WAS ELIMINATED AS A CHARACTERISTIC
EXCEPT FOR THE SPECIFIC IDENTIFICATION OF FOURTEEN SUBSTANCES REGULATED
UNDER THE SAFE DRINKING WATER ACT. THE AGENCY CLAIMED IT COMPENSATED
FOR THESE OMMISSIONS BY ADDING A NEW LIST OF PROCESS WASTES THAT WOULD
BE CONSIDERED TO BE HAZARDOUS UNLESS PROVEN OTHERWISE. HOWEVER, THE
LIST OF THESE PROCESSES CONTAINS MANY OMISSIONS AND GAPS. FOR INSTANCE,
THE LIST FAILS TO CONTAIN MANY PROCESS WASTES THAT ARE REGULATED BY THE
STATEOF CALIFORNIA HAZARDOUS WASTE PROGRAM. WE FAIL TO COMPREHEND A
MANAGEMENT AND BUDGETARY SYSTEM WHICH ELIMINATES FROM REGULATORY CONTROL
SUCH SUBSTANCES AS MIREX, BENZEDINE, TRIS, AND KEPONE WHICH HAVE BEEN
SHOWN TO POSE SUBSTANTIAL THREATS TO MAN AND THE ENVIRONMENT FROM POOR
WASTE DISPOSAL PRACTICES. /10/
WILLIAM SANJOUR CITED CLEAR EXAMPLES OF HAZARDOUS WASTES /11/ THAT
WILL NOT BE COVERED BY THE PROPOSED REGULATIONS BECAUSE OF THE REVISION:
WASTE RESIDUES FROM THE MANUFACTURE OF C-56, WHICH WAS IDENTIFIED IN
HAZARDOUS WASTE DISPOSAL PROBLEMS AT LOVE CANAL AND "BLOODY RUN" IN
NIAGARA FALLS; THE "VALLEY OF THE DRUMS" IN KENTUCKY; MONTAGUE,
MICHIGAN; TOONE, TENNESSEE; THE LOUISVILLE SEWER SYSTEM; AND THE
MEMPHIS SEWER SYSTEM.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 018 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105315
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/12/ AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, PP. 194-196.
/13/ AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 277.
/14/ STATEMENT OF THE ENVIRONMENTAL DEFENSE FUND ON THE ENVIRONMENTAL
PROTECTION AGENCY'S PROPOSED REGULATIONS IMPLEMENTING SECTION 3001 OF
THE RESOURCE CONSERVATION AND RECOVERY ACT, FEB. 20, 1979, PP. 4-5.
/15/ SUBTITLE C. RESOURCE CONSERVATION AND RECOVERY ACT OF 1976;
DRAFT ENVIRONMENTAL IMPACT STATEMENT, ENVIRONMENTAL PORTECTION AGENCY,
JAN. 1979, PP. 7-5 THROUGH 7-6.
ALSO, WASTE RESIDUE FORM THE MANUFACTURE OF KEPONE, WHICH DESTROYED
THE FISHING IN THE JAMES RIVER.
ALSO, WASTE RESIDUE FROM THE MANUFACTURE OF MIREX, WHICH DESTROYED
FISHING IN LAKE ONTARIO.
ALSO, WASTE RESIDUE FROM THE MANUFACTURE OF HEPTACHLOR, WHICH IS A
CARCINOGEN.
ALSO, WASTE RESIDUE FROM THE MANUFACTURE OF DBCP, WHICH CAUSES
STERILITY.
WHEREAS PREVIOUSLY THESE WASTES MAY HAVE BEEN DISPOSED OF
INADEQUATELY AND SECRETLY, THEY CAN SOON -- THANKS TO A CLEAN BILL OF
HEALTH FROM THE EPA -- BE DISPOSED OF INADEQUATELY AND OPENLY. THIS
MEANS THAT SUCH A WASTE
MAY LEGALLY BE USED, FOR EXAMPLE, AS A FERTILIZER WHERE IT CAN ENTER
THE HUMAN FOOD CHAIN;
CAN BE USED AS LANDFILL WHERE IT CAN LEACH INTO UNDERGROUND DRINKING
WATER SUPPLIES;
CAN BE STOCKPILED WHERE IT CAN RUN OFF INTO SURFACE WATER AND LEACH
INTO GROUND-WATER; AND
FINALLY, IF THE WASTE IS VOLATILE -- AS IN LOVE CANAL -- IT WILL BE
ALLOWED TO POISON THE AIR WITHOUT CONSTRAINTS. /12/
BECAUSE C-56 IS THE PRIMARY SOURCE OF CONTAMINATION AT THE MONTAGUE,
MICHIGAN SITE OWNED BY HOOKER CHEMICAL AND BECAUSE IT IS A SOURCE OF
MAJOR CONTAMINATION IN MANY AREAS OF THE COUNTRY, CHAIRMAN LEVIN
ATTEMPTED TO ESTABLISH WHETHER OR NOT THE WASTE WAS COVERED IN THE
PROPOSED REGULATIONS IN HIS QUESTIONING OF MR. JORLING;
SENATOR LEVIN: ". . . IS IT TRUE THAT WASTE MATERIAL THAT CONTAINS
SOME C-56, AS WELL AS OTHER SUBSTANCES, AND WHICH IS NOT HAZARDOUS IN
ANY OTHER RESPECT OTHER THAN THE FACT THAT IT HAS SOME C-56 IN IT, WOULD
NOT BE IDENTIFIED AS "HAZARDOUS" UNDER THE PROPOSED REGULATIONS, SINCE
C-56 IS NOT INCLUDED IN THE TOXICITY CHARACTERISTICS?"
MR. JORLING: "SENATOR . . . THE ANSWEER IS YES." /13/
OTHER CRITICS OF EPA'S PROPOSED REGULATIONS TO IMPLEMENT SECTION 3001
OF RCRA HAVE VOICED SIMILAR CONCERNS OVER THE LACK OF COMPREHENSIVE
REGULATORY COVERAGE. ONE SUCH CRITIC, LESLIE DACH, A SCIENCE ASSOCIATE
WITH THE ENVIRONMENTAL DEFENSE FUND, CHARACTERIZED THE PROPOSED
REGULATIONS AND SPECIFICALLY THE TOXICITY CHARACTERISTICS AS FOLLOWS:
UNFORTUNATELY, THE PROPOSED REGULATIONS FALL FAR SHORT OF
GUARANTEEING PUBLIC SAFETY. WHILE THEY WILL RESULT IN FAR BETTER
HAZARDOUS WASTE MANAGEMENT THAN CURRENTLY PRACTICED, THE REGULATIONS ARE
UNACCEPTABLE IN THEIR PRESENT FORM. THEY LEAVE THE PUBLIC UNPROTECTED.
. . . EDF STRONGLY BELIEVES THAT THE PROPOSED 3001 REGULATIONS EXEMPT
SIGNIFICANT AMOUNTS OF TOXIC HAZARDOUS WASTE FROM RCRA REGULATION. THIS
IS UNACCEPTABLE. EPA ADMITS AS MUCH IN THE ENVIRONMENTAL IMPACT
STATEMENT (EIS) ACCOMPANYING RCRA. /14/
THE EIS DOES INDICATE, IN FACT, THAT THE TOXICITY CHARACTERISTIC
PROPOSED BY EPA WILL EXEMPT A SIGNIFICANT AMOUNT OF TOXIC HAZARDOUS
WASTE FROM REGULATION:
THE TOXICITY CHARACTERISTIC IS BASED SOLELY UPON THE EPA PRIMARY
DRINKING WATER STANDARDS AND, AS A RESULT, MANY WASTES THAT ARE
POTENTIALLY HAZARDOUS DUE TO OTHER INDICATORS OF TOXICITY, ESPECIALLY
ORGANIC WASTES, WOULD PRESENTLY BE EXCLUDED FROM REGULATIONS. /15/
THE NET EFFECT OF THE TOXICITY CHARACTERISTIC PROPOSED BY EPA WILL BE
THAT IT WILL LEAVE UNREGULATED 65 PERCENT OF THE POTENTIALLY HAZARDOUS
WASTE GENERATED BY THE CHEMICALS AND ALLIED PRODUCTS INDUSTRIES.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 019 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105316
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/16/ IBID, PP. 6-3 AND 7-6.
/17/ FR, DEC. 24, 1975, P. 59570-71.
/18/ FR, AUGUST 22, 1979, PP. 49402-4.
/19/ AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 192.
/20/ STATEMENT OF THE ENVIRONMENTAL DEFENSE FUND ON THE ENVIRONMENTAL
PROTECTION AGENCY'S PROPOSED REGUALTIONS IMPLEMENTING SECTION 3001 OF
THE RESOURCE CONSEFVATION AND RECOVERY ACT, FEB. 20, 1979, PP. 5-6.
/21/ PER EPA'S STATEMENT THAT 65 PERCENT OF THESE WASTES WILL BE LEFT
UNREGULATED (EIS) -- 42.9 MILLION FIGURE IS BASED ON A PERCENTAGE OF
WASTE GENERATED IN 1978 BY THE 53 LARGEST CHEMICAL COMPANIES IN THE U.S.
ACCORDING TO A RECENT SURVEY CONDUCTED BY THE HOUSE OF REPRESENTATIVES'
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, P.X. COMM. PRINT 96-IFC
33.
THIS MEANS THAT OF 29.7 MILLION METRIC TONS PRODUCED BY THOSE
INDUSTRIES IN 1976, ONLY 9.8 MILLION METRIC TONS WOULD FALL UNDER RCRA
REGULATIONS. /16/
THE TOXICITY CHARACTERISTIC AS CURRENTLY PROPOSED COVERS ONLY 14
SUBSTANCES, OF WHICH 6 ARE ORGANIC CONTAMINANTS. THESE 14 SUBSTANCES
WERE CHOSEN FROM THE NATIONAL INTERIM PRIMARY DRINKING WATER STANDARDS
UNDER THE SAFE DRINKING WATER ACT (SDWA). /17/ EPA HAS JUSTIFIED THIS
PROPOSAL BY STIPULATING THAT MANY TOXIC SUBSTANCES ARE INCLUDED IN THE
LISTS OF PROCESS WASTES AND PURE CHEMICALS FOUND IN THE APPENDICES OF
THE DEC. 18 PROPOSAL, AND WOULD THEREFORE BE SUBJECT TO REGULATION. IN
ADDITION, EPA HAS STATED THAT IT PLANS TO EXPAND THE TOXICITY
CHARACTERISTIC TO INCREASE THE COVERAGE OF TOXIC SUBSTANCES, AND TO
INCREASE THE NUMBER OF SPECIFICALLY LISTED WASTES AND PROCESSES.
EPA PROPOSED ADDING APPROXIMATELY 45 WASTES IN THE AUG. 22, 1979
FEDERAL REGISTER. /18/ THIS EXPANSION, AMONG OTHER THINGS, PROVIDED FOR
THE COVERAGE OF ALL WASTES FROM THE PRODUCTION OF C-56.
WHILE THE SUBCOMMITTEE COMMENDS EPA FOR THESE CHANGES, THE "INCREASE"
STILL FAILS TO EXPAND THE TOXICITY CHARACTERISTIC. THIS STILL LEAVES AS
UNREGULATED MANY CHEMICALS WHICH HAVE SHOWN CARCINOGENIC PROPERTIES IN
BIOASSAY TESTS, AND THE CHEMICALS IDENTIFIED BY WATER QUALITY CRITERIA
UNDER THE CLEAN WATER ACT. THE "INCREASE" STILL FAILS TO TAKE INTO
ACCOUNT TOXICITY VALUES SUCH AS THOSE IDENTIFIED IN THE NIOSH REGISTRY
OF TOXIC EFFECTS OF CHEMICAL SUBSTANCES. /19/
IN ADDITION, EPA'S SOLE RELIANCE ON REGULATORY "GUIDELINES" UNDER THE
SDWA, IN IDENTIFYING SUBSTANCES AS TOXIC UNDER THE RCRA TOXICITY
CHARACTERISTICS, CASTS A SHADOW OVER THE AGENCY'S APPARENT ATTEMPTS TO
COMPLY WITH CONGRESSIONAL INTENT TO PROTECT, UNDER RCRA, THE PUBLIC
HEALTH AND THE ENVIRONMENT.
CLEARLY, THESE ARE ONLY A FEW OF THE SUBSTANCES KNOWN TO POSE A HUMAN
HEALTH OR ENVIRONMENTAL RISK. THE 14 DO NOT INLCUDE SIGNIFICANT NUMBERS
OF KNOWN CARCINOGENS, TERATOGENS AND MUTAGENS. THE ORGANIC STANDARD
ALREADY PROPOSED UNDER THE SDWA IS NOT EVEN INCLUDED. ALSO, THE SDWA
AIMS AT PROTECTING HUMAN HEALTH. IT DOES NOT REQUIRE STANDARDS TO
PROTECT THE ENVIRONMENT. YET RCRA CALLS ON EPA TO PROTECT PUBLIC HEALTH
AND THE ENVIRONMENT. /20/
1. THE EXTENT TO WHICH EPA HAS INCREASED ITS COVERAGE UNDER PROPOSED
REGULATIONS TO IMPLEMENT SECTION 3001 OF RCRA IS NOT SUFFICIENT TO
INSURE PROTECTION OF THE PUBLIC AND THE ENVIRONMENT FROM PROBLEMS
ASSOCAIATED WITH THE DISPOSAL OF HAZARDOUS WASTE. CHEMICALS LEFT
UNREGULATED BY THE TOXICITY CHARACTERISTIC ARE SUFFICIENT TO CAUSE
EXTREME DAMAGE TO THE ENVIRONMENT AND THE PUBLIC HEALTH.
IN 1980 ALONE, ACCORDING TO EPA AND HOUSE ESTIMATES, AT LEAST 42.9
MILLION METRIC TONS OF POTENTIALLY HAZARDOUS WASTE GENERATED BY THE
CHEMICAL AND ALLIED PRODUCTS INDUSTRIES WILL BE LEFT UNREGULATED BY THE
REGULATIONS IF PROMULGATED IN THEIR PROPOSED FORM. /21/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 020 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105317
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/22/ FR, JUNE 14, 1979.
/23/"-AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 193.
/24/ NOTE: EPA MENTIONS THE POSSIBLE INCLUSION OF WATER QUALITY
CRITERIA ON P. 58956 OF THE PROPOSED REGULATIONS, DEC. 18, 1978, FEDERAL
REGISTER.
THE AGENCY'S DEPARTURE FROM THE USE OF CHARACTERISTICS AS INDICATORS
OF A CHEMICAL'S HAZARDOUS NATURE LEAVES A MAJOR GAP IN THE REGULATORY
SCHEME.
2. EPA'S REVISION OF THE DRAFT REGULATIONS OF MARCH, 1979, FOR
SECTION 3001 HAS EXACERBATED THE DELAY IN THEIR PROMULGATION. THE
SUBCOMMITTE HAS BEEN UNSUCCESSFUL IN IDENTIFYING THE TRUE REASONS FOR
THE REVISION, BUT REGARDLESS OF THE REASONS, EPA UPPER MANAGEMENT IS
DIRECTLY RESPONSIBLE, AND HAS CONTRIBUTED TO EPA INTERNAL
DISSATISFACTION WITH THE REGULATION-WRITING PROCESS. MANAGEMENT
DEFICIENCIES SUCH AS DELAYS IN DECISION-MAKING HAVE ADVERSELY AFFECTED
THE TIMING OF PROMULGATION.
3. EPA'S EXPLANATION FOR FAILING TO USE CHARACTERISTICS TO IDENTIFY
TOXIC RADIOACTIVE, INFECTIONS, PHYTOTOXIC, TERATOGENIC AND MUTAGENIC
SUBSTANCES UNDER RCRA -- THAT OF NOT HAVING RELIABLE TEST PROTOCOLS FOR
THOSE CHARACTERISTICS -- IS NOT CONSISTENT WITH THE AGENCY'S USE OF TEST
PROTOCOLS. INDEED, EPA HAS PROPOSED USING TEST PROTOCOLS FOR THE
IDENTIFICATION OF CHEMICALS WHICH FALL UNDER THE WATER QUALTIY CRITERIA
OF THE CLEAN WATER ACT. /22/
AS WILLIAM SANJOUR POINTED OUT. ". . . TEST PROTOCOLS ARE AVAILABLE
TO PROTECT FISH, BUT NOT PEOPLE." /23/
THESE CHEMICALS ARE THE SAME AS THOSE THAT WOULD FALL UNDER THE
PROPOSED SECTION 3001 REGULATIONS IF THE TOXICITY CHARACTERISTIC WERE
EXPANDED. /24/
EPA HAS INFORMED THE SUBCOMMITTEE THAT THE AGENCY'S INTENT IS TO
BRING THE MOST EGREGIOUS WASTES INTO THE SYSTEM OF REGULATORY COVERAGE
FIRST, AND TO ADD ADDITIONAL WASTES TO THE LISTS OVER A GRADUAL PERIOD
OF TIME. THE SUBCOMMITTEE FAILS TO UNDERSTAND HOW THE MAJOR EXCLUSIONS
ESPECIALLY UNDER THE TOXICITY CHARACTERISTIC COINCIDE WITH BRINGING
UNDER CONTROL THE MOST EGREGIOUS WASTES AT THE EARLIEST POSSIBLE TIME.
1. THE SUBCOMMITTEE BELIEVES THAT EPA SHOULD INCORPORATE INTO ITS
FINAL SECTION 3001 REGULATIONS THE MOST RECENTLY PUBLISHED (44 FR 15926)
WATER QUALITY CRITERIA UNDER THE CLEAN WATER ACT. THE AGNECY NOTED IN
ITS DECEMBER 18 PROPOSED REGULATIONS THAT IT WAS CONSIDERING SUCH AN
ADDITION, AND THE SUBCOMMITTEE IS CONVINCED THE EFFECTIVENESS OF RCRA
WILL BE ENHANCED IF THE TOXICITY CHARACTERISTIC WERE EXPANDED TO INCLUDE
THE WATER QUALITY CRITERIA, THUS BRINGING THE MAJOR PRIORITY POLLUTANTS
UNDER THE CONTROL OF SUBTITLE C.
2. EPA SHOULD REFRAIN FROM ANY FURTHER MAJOR REVISIONS OF THE
PROPOSED REGULATIONS, SO THAT THOSE REGULATIONS MAY FINALLY BE
PROMULGATED WITHOUT FURTHER DELAY.
IN ADDITION, EPA MUST RESOLVE ITS INTERNAL MANAGEMENT DIFFICULTIES TO
FACILITATE THE PROMULGATION OF THESE REGULATIONS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 021 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105318
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/25/ FR, DEC, 18, 1978, P. 58950.
3. EPA SHOULD PROMULGATE REGULATIONS EXPANDING THE CHARACTERISTICS
OF HAZARDOUS WASTE AS SOON AS POSSIBLE. THE AGENCY PUBLISHED AN
ADVANCED NOTICE OF PROPOSED RULEMAKING, ALSO IN THE DEC. 18 FEDERAL
REGISTER, WHICH WOULD "EXPAND THE CHARACTERISTICS TO INCLUDE
RADIO-ACTIVITY, UNNATURAL GENETIC ACTIVITY, BIOACCUMULATION, AND
SEPARATE CONSIDERATIONS OF TOXICITY TO AQUATIC ORGANISMS, TERRESTRIAL
PLANTS AND HUMANS (VIA CHRONIC EXPOSURE TO ORGANIC CHEMICALS)." /25/
PROMULGATION OF THESE REGULATIONS WILL SIGNIFICANTLY INCREASE THE
EFFECTIVENESS OF THE HAZARDOUS WASTE PROVISIONS OF THE STATUTE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 022 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105319
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
INTENTIONAL BLANK
BLANK PAGE OMITTED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 023 OF 65
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SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105320
REPORT STUDY
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/26/ ON TUESDAY, FEB. 26, 1980, EPA PROMULGATED REGULATIONS TO
IMPLEMENT SECTIONS 3002, 3003, AND 3010 OF SUBTITLE C OF RCRA.
HEREINAFTER REFERENCES TO THE DELAY IN PROMULGATION OF SUBTITLE C
REGULATIONS SHALL PERTAIN PRIMARILY TO SECTION 3001.
/27/ JULY 19, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, PP. 9-10.
/28/ COMPLAINT FILED BY ENVIRONMENTAL DEFENSE FUND AND ENVIRONMENTAL
ACTION, INC., IN THE U.S. DISTRICT COURT, DISTRICT OF COLUMBIA, SEPT.
13, 1978.
WITH THE PASSAGE OF RCRA IN OCTOBER, 1976, THE EPA ADMINISTRATOR WAS
REQUIRED TO PROMULGATE REGULATIONS TO IMPLEMENT SUBTITLE C OF THE ACT
WITHIN 18 MONTHS OF THE DATE OF ENACTMENT. TO THIS DAY, OVER THREE
YEARS FROM THE PASSAGE OF RCRA, THOSE REGULATIONS HAVE YET TO BE
PROMULGATED. /26/
AS SENATOR COHEN SUMMARIZED IN HIS OPENING REMARKS, THE EFFECTS OF
THE DELAY HAVE BEEN PERNICIOUS:
NOW THE COST OF THE DELAY IN DOLLARS AND HARM TO THE PUBLIC IS
IMMENSE. WITHOUT REGULATIONS, NO PRIVATE FIRM IS GOING TO BUILD A TOXIC
WASTE FACILITY AND THUS RISK LOSING HUGE INVESTMENTS IF THE FACILITY
DOES NOT COMPLY WITH THE YET-TO-BE ISSUED CRITERIA. AND MANY STATES,
INCLUDING MY OWN STATE OF MAINE, CANNOT AFFORD TO ENACT THEIR OWN WASTE
TREATMENT LAWS. SO LONG AS OTHER STATES REMAIN FREE TO SUBSIDIZE THE
POLLUTION CREATED BY LOCAL INDUSTRY, HONEST BUSINESSMEN ARE FORCED TO
CHOOSE BETWEEN DISPOSING OF THEIR WASTES IN AN UNSAFE MANNER OR PAYING
EXORBITANT AND POSSIBLY BANKRUPTING FEES TO HAVE THEIR WASTES
TRANSPORTED TO SAFE FACILITIES.
IN THE MEANTIME THE PUBLIC SUFFERS BOTH THE ECONOMIC UNCERTAINTY AND
THE THREAT OF CANCER AND TOXIC POISONING. THE LAW WE PASSED IN 1976
PROVIDED A SO-CALLED CRADLE-TO-GRAVE MONITORING FOR THE LOCATION OF
TOXIC WASTES. THE PROBLEM HERE IS THAT THERE AREN'T ENOUGH SAFE GRAVES
TO CONTAIN THE TOXIC WASTES GENERATED BY AMERICAN INDUSTRY. IN FACT, IN
MY OWN REGION IN NEW ENGLAND, THERE IS NOT A SINGLE DISPOSAL SITE THAT
IS CONSIDERED BY ENGINEERING EXPERTS TO BE SAFE FOR THE STORAGE OF
HAZARDOUS WASTES. I AM NOT CONCERNED, MR. CHAIRMAN, SO MUCH WITH THE
LEGALITY OF DELAYS AS I AM WITH THE SOCIAL IRRESPONSIBILITY THAT THEY
IMPLY. /27/
IN SEPTEMBER OF 1978, A COALITION OF ENVIRONMENTAL GROUPS AND THE
STATE OF ILLINOIS FILED SUIT AGAINST EPA IN THE U.S. DISTRICT COURT FOR
THE AGENCY'S FAILURE TO PROMULGATE SUBTITLE C REGULATIONS BY THE
STATUTORY DEADLINE. THE ENVIRONMENTAL GROUPS WERE THE ENVIRONMENTAL
DEFENSE FUND (EDF), CITIZENS FOR A BETTER ENVIRONMENT AND THE NATIONAL
SOLID WASTE MANAGEMENT ASSOCIATION.
IN ITS SEPTEMBER 13, 1978 COMPLAINT FILED WITH THE US DISTRICT COURT,
EDF CHARGED EPA WITH VIOLATING THE PROVISIONS OF RCRA, AND SPECIFICALLY
CHARGED THAT:
AS A REULST OF (EPA'S) VIOLATION OF THE ACT, REGULATION OF THE
DISPOSAL OF HAZARDOUS WASTES . . . WILL BE UNLAWFULLY DELAYED. DURING
THIS PERIOD, SOLID AND HAZARDOUS WASTES WILL BE DISPOSED OF WITHOUT
ASSURANCE THAT SUCH ACTIVITIES WILL NOT FURTHER DEGRADE THE NATION'S
WATER, LAND AND AIR, EXPOSING THE POPULACE TO HEALTH HAZARDS. /28/
THE COMPLAINT REQUESTED THAT THE COURT GRANT APPROPRIATE RELIEF BY
ESTABLISHING NEW MANDATORY DEADLINES FOR THE PROMULGATION OF RCRA
REGULATIONS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 024 OF 65
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LEVIN C CHAIRMAN
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MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
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SENATE
/29/ STATEMENT ON HAZARDOUS WASTE MANAGEMENT, BY DOUGLAS M. COSTLE,
ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY, OCT. 12, 1979.
/30/ FIGURES SUPPLIED TO THE SUBCOMMITTEE BY EPA. SEE CHART IN
HEARING RECORD.
/31/ TESTIMONY OF LEE BOTTS, CHAIRMAN, GREAT LAKES BASIN COMMISSION,
JULY 19, 1979.
/32/ (FUNDING OF HAZARDOUS WASTE PROGRAMS WITHIN EPA WILL ALSO BE
ADDRESSED IN CHAPTER FOUR OF THE REPORT.)
/33/ JUNE 22, 1979, LETTER FROM THE ENVIRONMENTAL PROTECTION AGENCY
TO THE SUBCOMMITTEE ON OVERSIGNT OF GOVERNMENT MANAGEMENT.
IN RESPONSE TO THE SUIT, JUDGE GERHARD GESELL DID, IN FACT, SET NEW
DEADLINES IN HIS JANUARY 3, 1979 DECISION. THE DEADLINE APPLIED TO THE
PROMULGATION OF SUBTITLE C REGULATIONS AS FOLLOWS:
TABLE OMITTED
AS YET, IN A STATEMENT REGARDING HIS THIRD QUARTERLY AFFIDAVIT TO THE
COURT FILED ON OCTOBER 12, 1979, EPA ADMINISTRATOR DOUGLAS COSTEL
STATED:
I HAVE INFORMED JUDGE GESELL THAT OUR INITIAL HAZARDOUS WASTE
REGULATORY PACKAGE WILL MOST LIKELY BE PROMULGATED IN LATE WINTER AND
EARLY SPRING (1980). I AM EXTREMELY FRUSTRATED THAT WE ARE NOT ABLE TO
MEE THE SCHEDULE WE PROPOSED, AND THE JUDGE ADOPTED, WHICH CALLED FOR
PROMULGATION OF THE REGULATIONS BY DECEMBER 31. /29/
EPA HAS STRESSED A LACK OF MONETARY RESOURCES AS A JUSTIFICATION FOR
ITS FAILURE TO PROMULGATE THE REGULATIONS UNDER RCRA. WHILE THE
SUBCOMMITTEE ACKNOWLEDGES EPA'S ASSERTION THAT A NUMBER OF PEOPLE AND
FUNDS WERE TRANSFERRED FROM OTHER PORGRAMS TO ASSIST IN THE HAZARDOUS
WASTE EFFORT, THE SUBCOMMITTEE FINDS THAT A DISPROPORTIONATELY SMALL
SHARE OF FUNDS HAVE BEEN ALLOCATED BY THE AGENCY TO INSURE LAND
PROTECTION. IN FACT, IN FISCAL YEAR 1978, THE PORTION OF EPA'S BUDGET
DEVOTED TO ALL HAZARDOUS WASTE PROGRAMS COMPRISED ONLY ONE PER CENT OF
EPA'S TOTAL BUDGET. ESTIMATES FOR FISCAL YEAR 1980 RAISE THE FIGURE TO
A MERE THREE PER CENT. /30/
LEE BOTTS, CHAIRMAN OF THE GREAT LAKES BASIN COMMISSION, TESTIFIED IN
REGARD TO BOTH STAFFING AND FUNDING DEFICIENCIES:
ANOTHER RCRA PROBLEM IS THE WAY STAFF AND FUNDING RESOUFCES WERE
FIRST IDENTIFIED AND ALLOCATED. BECAUSE OF THE UNREALISTIC ESTIMATES
ABOUT WHAT WOULD BE NEEDED TO GIVE TO CONGRESS DURING CONSIDERATION OF
RCRA, TOO FEW STAFF POSITIONS WERE AVAILABLE IN THE EARLY STAGES. THIS
HAS BEEN A MORE IMPORTANT CAUSE FOR DELAY IN DEVELOPMENT OF RCRA
REGULATIONS THAN THE PUBLIC PARTICIPATION PROCESS THAT IS SOMETIMES
BLAMED. /31/
AT BEST, EPA'S CLAIMS THAT THE AGENCY LACKS SUFFICIENT RESOURCES TO
PROMULGATE RCRA REGULATIONS PROVIDE MINIMAL JUSTIFICATION, AS THE LACK
OF RESOURCES STEMS FROM THE AGENCY'S OWN FAILURE TO RECOGNIZE RESOURCE
NEEDS. /32/
BECAUSE OF THIS FUNDING SHORTAGE, EPA HAS BEEN PLACED IN THE TRAGIC
POSITION OF CHOOSING BETWEEN PROMULGATION OF RCRA REGULATIONS AND
ATTNEDING TO THE PROBLEMS OF ABANDONED HAZARDOUS WASTE SITES.
IN A JUNE 22, 1979, RESPONSE TO A SUBCOMMITTEE REQUEST FOR
INFORMATION, EPA CITES A MAJOR REASON FOR THE DELAY IN PROMULGATION OF
SUBTITLE C REGULATIONS AS:
SEVERAL KEY PERSONNEL, WHO OTHERWISE WOULD HAVE BEEN INVOLVED IN THE
INITIAL REVIEW OF COMMENTS RECEIVED ON THE PROPOSED REGULATIONS, HAVE
SPENT AND ARE CONTINUING TO SPEND TIME WORKING ON THE PROBLEMS
ASSOCIATED WITH ABANDONED HAZARDOUS WASTE SITES. /33/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 025 OF 65
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SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105322
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/34/ AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, PP. 212 AND
222.
/35/ NOVEMBER 14, 1979, LETTER TO SENATOR CARL LEVIN FROM HUGH
KAUFMAN, PROGRAM MANAGER, DAMAGE ASSESSMENT PROGRAM, U.S. ENVIRONMENTAL
PROTECTION AGENCY.
/36/ AUGUST 1, 1979, SUBCOMMITTEE HEARINGS TRANSCRIPT, P. 238.
AT THE VERY LEAST, THIS DIVERSION HAS CAUSED CONTROVERSY WITHIN THE
AGENCY ITSELF, AS INDICATED BY THE STATEMENT OF ONE OFFICIAL, HUGH
KAUFMAN, TESTIFYING AT THE HEARINGS ON AUGUST 1:
EPA TOP MANAGEMENT SHOULD STOP USING DIVERSIONARY TACTICS, SUCH AS
EXAGERATING THE EXTENT OF THE ABANDONED HAZARDOUS WASTE SITE PROBLEM TO
MOVE PUBLIC ATTENTION AND RESOURCES AWAY FROM THE MORE SERIOUS PROBLEMS
OF EXISTING SITES FOR WHICH WE HAVE STATUTORY REMEDIES . . . WE HAVE IN
OUR FILES OVER 1,000 CASES OF PROBLEMS FROM HAZARDOUS WASTE SITES. AND
I THINK, AT THE MOST, 10 PER CENT ARE FROM ABANDONED SITES. /34/
AND, AT LEAST FOR REGIONS V AND VI, MR. KAUFMAN'S ALLEGATIONS MAY
HAVE SOME VALIDITY. ACCORDING TO INFORMATION FROM EPA'S OWN FILES, THE
ABANDONED SITE PROBLEM DOES NOT SEEM TO BE OF AS GREAT A MAGNITUDE AS
MADE OUT BY EPA:
TABLE OMITTED
THIS TABULATION INDICATES THAT ONLY 2.5 PERCENT OF THE SITES IN
REGIONS V AND VI ON WHICH EPA HAD INFORMATION COULD BE CLASSIFIED AS
ABANDONED. /35/
NEVERTHELESS, THE SUBCOMMITTEE RECOGNIZES THE IMPORTANCE OF BOTH THE
ABANDONED SITE PROBLEM AND RCRA IMPLEMENTATION. THE SUBCOMMITTEE'S
CONCERN IS THAT EPA'S FAILURE TO RECOGNIZE FUNDING NEEDS HAS FORCED THE
AGENCY TO MAKE SUBSTANTIAL CHOICES BETWEEN THESE TO COMPETING INTERESTS.
AN EVEN MORE FRE-UENCY CITED JUSTIFICATION BY EPA FOR THE REGULATIORY
DELAY IS THAT THE REGULATIONS INVOLVE EXTREMELY COMPLEX ISSUES. AS
BARBARA BLUM, EPA DEPUTY ADMINISTRATOR, POINTED OUT IN THE AUGUST 1
HEARING:
THE HAZARDOUS WASTE REGULATORY PROGRAM INVOLVES PROBABLY AS LARGE A
NUMBER OF DIFFICULT ISSUES AS ANY REGULATORY PROGRAM THAT WE'VE EVER
ADDRESSED.
SOME OF THE ISSUES WHICH WE ARE GOING TO HAVE TO RESOLVE BEFORE
OUR DEADLINE OF DECEMBER 31 INCLUDE, FOR EXAMPLE:
TO WHAT EXTENT CAN AND SHOULD REGULATIONS VARY WITH THE DEGREE OF
HAZARD OF THE WASTE?
HOW SHOULD GENERATORS OF SMALL QUANTITIES OF HAZARDOUS WASTE BE
REGULATED?
HOW CAN FINANCIAL RESPONSIBILITY BE ASSURED AT PERMITTED SITES?
HOW CAN RCRA BEST BE INTEGRATED WITH THE REQUIREMENTS OF THE CLEAN
WATER ACT, THE CLEAN AIR ACT, AND THE OTHER FEDERAL STATUTES?
SENATOR LEVIN: "LET ME INTERRUPT YOU JUST FOR A MINUTE. HOW LONG
HAVE THOSE ISSUES BEEN APPARENT?"
MS. BLUM: "THESE ISSUES HAVE BEEN ISSUES THAT WE HAVE BEEN TRYING TO
ADDRESS THROUGHOUT THE REGULATIONS AND THE DEVELOPMENT OF THE
REGULATIONS." /36/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 026 OF 65
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LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105323
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/37 AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 252.
/38/ PREPARED REMARKS OF WILLIAM SANJOUR, CHIEF, HAZARDOUS WASTE
IMPLEMENTATION BRANCH, STATE PROGRAMS AND RESOURCE RECOVERY DIVISION,
ENVIRONMENTAL PROTECTION AGENCY, AUGUST 1, 1979, P. 4.
/39/ AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 237.
/40/ LETTER OF THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND
ECOLOGY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, JUNE
26, 1979.
AND AT A LATER POINT IN THE HEARINGS, MS. BLUM ELABORATED FURTHER ON
THIS PROBLEM:
IN THE CASE OF HAZARDOUS WASTE, THERE WAS VIRTUALLY NO AVAILABLE
EXPERTISE WITHIN THE AGENCY, OR VERY LITTLE (WHEN RCRA WAS ENACTED IN
1976.) /37/
HOWEVER, AS WILLIAM SANJOUR STATED IN HIS PREPARED TESTIMONY:
THE RESEARCH AND ANALYSIS ON THIS HAZARDOUS WASTEPROBLEM WAS DONE
UNDER THE SOLID WASTE DISPOSAL ACT OF 1970, AND WAS CLOSELY MONITORED BY
SEVERAL COMMITTEES OF CONGRESS. WE WORKED CLOSELY WITH THESE COMMITTEES
IN DEVELOPING VARIOUS LEGISLATIVE PROPOSALS OVER A PERIOD OF SEVERAL
YEARS. THIS WORK CULMINATED IN OCTOBER 1976 WITH THE PASSAGE OF RCRA.
THE APPROACH TAKEN IN THIS ACT TO REGULATE HAZARDOUS WASTE WAS BASICALLY
THAT APPROACH DEVELOPED BY EPA'S HAZARDOUS WASTE MANAGEMENT DIVISION AS
AN OUTGROWTH OF ITS STUDIES. /38/
THUS, AS MENTIONED EARLIER, AND AS MS. BLUM ACKNOWLEDGED, THESE
COMPLEX QUESTIONS HAD BEEN CONSIDERED THROUGHOUT THE DEVELOPMENT OF THE
REGULATIONS, BEGINNING WITH THE PASSAGE OF THE SOLID WASTE DISPOSAL ACT
OF 1970. EVEN CONCEDING COMPLEXITY, EIGHT YEARS IS A SUFFICIENT AMOUNT
OF TIME TO THOROUGHLY EVALUATE ALL ISSUES RELATING TO HAZARDOUS WASTE
REGULATION.
ANOTHER EPA JUSTIFICATION FOR THE EXTREME DELAY IS THE DESIRE TO
PROMOTE PUBLIC PARTICIPATION TO THE FULLEST IN THE DEVELOPMENT OF THE
REGULATIONS. AS MS. BLUM ADVISED THE SUBCOMMITTEE ON AUGUST 1:
WE HAD . . . FIVE PUBLIC HEARINGS DURING THE 90-DAY COMMENT PERIOD.
ABOUT 1200 PEOPLE ATTNDED THE HEARING AND ABOUT 200 TO 250 MADE ORAL
PRESENTATIONS.
THERE WERE ABOUT 1100 WRITTEN COMMENTS THAT CAME IN DURING THAT
PERIOD OF TIME. WE HAD A STACK THAT WAS OVER SIX FEET TALL.
EACH OF THESE COMMENTS HAS GOT TO BE REVIEWED AND RESPONDED TO AS WE
DEVELOP OUR FINAL REGULATIONS. /39/
AS MENTIONED IN THE PREVIOUS SECTION, EPA HAD AMPLE TIME TO
THOROUGHLY EVALUATE ALL ISSUES RELATING TO HAZARDOUS WASTE. WHILE IN
GENERAL PUBLIC PARTICIPATION IS A WORTHY GOAL, THE AGENCY SHOULD HAVE
ANTICIPATED THE EXTENT TO WHICH THE REGULATIONS WOULD AFFECT INDUSTRY
AND THE LARGE DEGREE OF COMMENTS WHICH EXUDED FROM INDUSTRY AND THE
PUBLIC IN RESPONSE TO THE PROPOSED REGULATIONS.
FINALLY, A REASON FREQUENTLY CITED BY EPA FOR THE DELAY IS THE NEED
TO PRODUCE REGULATIONS WHICH WOULD SURVIVE JUDICIAL REVIEW. THE NATURE
OF THIS JUSTIFICATION WAS HIGHLIGHTED IN A LETTER TO THE SUBCOMMITTEE
FROM THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY:
BECAUSE THE STATES AND INDUSTRY MUST CONFORM TO YET-TO-BE DEVELOPED
REGULATIONS, THE STATES CANNOT MOVE AUTHORITATIVELY IN THE FIELD OF
HAZARDOUS WASTE MANAGEMENT. IN FACT, EVERY MOVE IS SUBJECT TO CHANGE
AND MORE IMPORTANTLY SUBJECT TO CHALLENGE FROM ALL SIDES. /40/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 027 OF 65
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LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105324
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/41/ 42 U.S.C. 6926.
HERE, IT IS APPARENT THAT EVEN THE DESIRE TO REDUCE TE CHANCE OF
HAVING ITS SUBTITLE C REGULATIONS REJECTED BY THE COURTS AS A
CONTRIBUTING FACTOR MAY BE UNJUSTIFIED. TO INTERPRET THE ABOVE
STATEMENT, IT IS ESSENTIAL TO DISCUSS THE REQUIREMENTS FOR STATE
IMPLEMENTATION OF RCRA.
THREE REQUIREMENTS ARE IMPOSED UPON STATES FOR AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS UNDER SUBTITLE C OF RCRA.
SUCH STATE IS AUTHORIZED TO CARRY OUT SUCH PROGRAM IN LIEU OF THE
FEDERAL PROGRAM UNDER THIS SUBTITLE . . . UNLESS . . . THE ADMINISTRATOR
. . . FINDS THAT
(1) SUCH STATE PROGRAM IS NOT EQUIVALENT TO THE FEDERAL PROGRAM UNDER
THIS SUBTITLE,
(2) SUCH PROGRAM IS NOT CONSISTENT WITH THE FEDERAL OR STATE PROGRAMS
APPLICABLE IN OTHER STATES, OR
(3) SUCH PROGRAM DOES NOT PROVIDE ADEQUATE ENFORCEMENT OF COMPLIANCE
WITH THE REQUIREMENTS OF THIS SUBTITE. /41/
STATES DEVELOPING IMPLEMENTING REGULATIONS DURING THE FEDERAL DELAY
MUST RELY ON PROPOSED REGULATIONS AS GUIDELINES. IF THE PROPOSED
FEDERAL REGULATIONS UNDERGO SIGNIFICANT CHANGES, THE PROBABILITY
INCREASES THAT REGULATIONS DEVELOPED BY THE STATES WILL NOT SATISFY THE
ABOVE EQUIVALENCY AND CONSISTENCY PROVISIONS. THUS, THE LONGER THE
DELAY CONTINUES AT THE FEDERAL LEVEL, THE GREATER THE CHANCES BECOME AT
THE STATE LEVEL FOR REJECTION OF A STATE PROGRAM BY THE ADMINISTRATOR
(REFUSED AUTHORIZATION). EPA AND CONGRESS MUST RECOGNIZE, MOREOVER,
THAT IN AN AREA AS CONTROVERSIAL AS ENVIRONMENTAL REGULATION, LAW SUITS
MAY, PERHAPS, BE ASSUMED TO BE A COST OF DOING BUSINESS.
WITH THE PASSAGE OF RCRA IN 1976, CONGRESS INTENDED THAT EPA
ESTABLISH FEDERAL MINIMUM STANDARDS FOR REGULATION OF HAZARDOUS WASTE,
AND THAT THE STATES IMPLEMENT THE ACT BASED ON THESE STANDARDS. AS
NOTED ABOVE, THE ACT PROVIDES FOR THE AUTHORIZATION OF STATE HAZARDOUS
WASTE MANAGEMENT PROGRAMS TO REGULATE HAZARDOUS WASTE IN LIEU OF THE
FEDERAL PROGRAM. IF THE STATE PROGRAM IS EITHER INCONSISTENT WITH OTHER
STATE PROGRAMS OR NOT EQUIVALENT TO THE FEDERAL PROGRAM, THE FEDERAL
GOVERNMENT WILL ASSUME THE RESPONSIBILITY FOR REGULATING HAZARDOUS
WASTES IN THAT STATE.
THE SUBCOMMITTEE CONTACTED SEVERAL STATES DURING ITS INVESTIGATION TO
ASCERTAIN WHTAT EFFECT THE FEDERAL DELAY IN ISSUING SUBTITLE C
REGULATIONS UNDER RCRA HAS HAD ON IMPLEMENTATION OF STATE HAZARDOUS
WASTE LEGISLATION OR REGULATIONS. THE RESPONSES WERE OVERWHELMING:
THE DELAYS IN ISSUING SUBTITLE C REGULATIONS HAVE CREATED SUBSTANTIAL
DIFFICULTIIES.
THE PRE-EMPTIVE ASPECTS OF RCRA AND OTHER ENVIRONMENTAL LEGISLATION
COMPOUND THE PROBLEMS ASSOCIATED WITH DELAYED PROMULGATIONS OF
REGULATIONS, ESPECIALLY REGULATIONS CONCERNING TOXIC CHEMICALS AND
HAZARDOUS WASTE. IDEALLY, SUCH REGULATIONS WOULD HAVE BEEN THE FIRST
REGULATIONS ISSUED IN THE UNITED STATES' ENVIRONMENTAL PROTECTION
PROGRAM, RECOGNIZING THAT EMPHASIS SHOULD BE GIVEN TO THE MOST HAZARDOUS
SITUATIONS FIRST. UNFORTUNATELY, THE REGULATIONS DEALING WITH TOXIC
EFFLUENTS UNDER THE (F)EDERAL WATER POLLUTION CONTROL ACT (FWPCA) AND
THE SUBTITLE C REGULATIONS (RCRA) HAVE BEEN AMONG THE LAST REGULATIONS
TO BE DEVELOPED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 028 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105325
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/42/ LETTER OF THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND
ECOLOGY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, JUNE
26, 1979.
/43/ LETTER OF THE KENTUCKY DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION TOTE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT
MANAGEMENT, JULY 11, 1979.
/44/ LETTER OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES TO
SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, SEPTEMBER 27, 1979.
/45/ LETTER OF MINNESOTA POLLUTION CONTROL AGENCY TO THE SUBCOMMITTEE
ON OVERSIGHT OF GOVERNMENT MANAGEMENT, JULY 27, 1979.
/46/ JULY 24, 1979 LETTER FROM RICHARD D. LAMM, CHAIRMAN, NATURAL
RESOURCES AND ENVIRONMENTAL MANAGEMENT COMMITTEE AND BILL CLINTON,
CHAIRMAN, SUBCOMMITTEE ON ENVIRONMENTAL MANAGEMENT, NATIONAL GOVERNORS
ASSOCIATION TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/47/ RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. REPORT OF THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, U.S. HOUSE OF
REPRESENTATIVES ON H.R. 14496, SEPTEMBER 9, 1976. REPORT NO. 94-1491,
P. 30.
THIS PLACES INDUSTRY AND THE STATES IN A VERY UNDESIRABLE SITUATION.
/42/
THIS DEPARTMENT HAS NOT YET BEEN ABLE TO IMPLEMENT THE (LEGISLATIVE)
PROVISIONS BECAUSE OF THE DELAY IN ISSUING FEDERAL REGULATIONS FOR
SUBTITLE C REQUIREMENTS.
THERE IS NO QUESTION THAT DELAYS IN ISSUING SUBTITLE C REGULATIONS
ARE SERIOUSLY HAMPERING STATE PROGRAM E-FORTS . . . PRESENTLY, WE ARE IN
THE IRONIC POSITION OF PROMULGATING STATE REGULATYONS IN THE ABSENCE OF
ANY FEDERAL ONES. HOW THIS SITUATION WILL AFFECT OUR CHANCES OFRPRIMACY
AND WHAT CHANGES AT THE STATE LEVEL WILL BE REQUIRED WHEN FIANL FEDERAL
REGULATIONS GO INTO EFFECT REMAIN TO BE SEEN. /43/
WE HAVE BEEN ASSURED BY EPA THAT THE EXISTING STATE PROGRAMS, IN
MICHIGAN'S CASE SEVERAL YEARS AHEAD OF FEDERAL EFFORTS, WILL NOT BE SET
BACK BY NEW EPA REQUIREMENTS. HOWEVER, THE SAME ASSURANCES WERE GIVEN
WHEN THE CLEAN WATER ACT WAS PASSED AND A LOT OF STATE EFFORT WAS
DIVERTED FROM PROBLEM-SOLVING TO PAPERWORK GENERATED BY FEDERAL
REGULATIONS. TIME WILL TELL.
OUR GREATEST CONCERN IS THAT EXISTING STATUTES, RULES, AND
ADMINISTRATION PROCEDURES CONTROLLING HAZARDOUS WASTE MANAGEMENT IN
MICHIGAN WILL HAVE TO BE MODIFIED AGAIN TO MEET SPECIFIC FEDERAL
REQUIREMENTS. IF A MAJOR OVERHAUL IS NECESSARY TO OBTAIN FEDERAL FUNDS,
IT WILL SLOW DOWN THE PROGRESS A LREADY MADE IN MICHIGAN. /44/
THE DELAY IN THE PROMULGATION OF FEDERAL RULES CONTROLLING HAZARDOUS
WASTES HAS PLAYED A ROLE IN DELAYING IMPLEMENTATION OF THE STATE'S
HAZARDOUS WASTE PROGRAM . . . THE DELAY IN THE FEDERAL PROGRAM WILL
CONTINUE TO CAUSE PROBLEMS AS WE IMPLEMENT OUR PROGRAM BECAUSE OF THE
INTERSTATE NATURE OF HAZARDOUS WASTE MANAGEMENT AND A RECOGNIZED NEED
FOR EQUIVALENCE AND CONSISTENCY IN IMPORTANT AREAS SUCH TRANSPORTATION
AND CRITERIA FOR IDENTIFICATION OF HAZARDOUS WASTES. /45/
IN FACT, THE NATIONAL GOVERNORS ASSOCIATION FOUND THAT THE DELAY WAS
THREATENING THE VERY PASSAGE OF STATES' IMPLEMENTING LEGISLATION:
IN STATES SUCH AS FLORIDA AND OHIO LEGISLATION HAS EITHER BEEN
DEFEATED OR FACES SEVERE OBSTACLES TO PASSAGE -- TO A LARGE PART AS A
RESULT OF THE AGENCY'S DELAY IN PROMULGATING SUBTITLE C RULES,
REGUALTIONS, AND GUIDELINES. /46/
CONGRESS PROVIDED THE OPTION OF STATE IMPLEMENTATION OF STATE
HAZARDOUS WASTE PROGRAMS EQUIVALENT TO THE FEDERAL PROGRAM, BASED ON
FEDERAL MINIMUM STANDARDS, FOR THE FOLLOWING REASONS:
(1) IT PROVIDED UNIFORMITY AMONG THE STATES AS TO HOW HAZARDOUS
WASTES ARE REGULATED.
(2) IT PROVIDED INDUSTRY AND COMMERCIAL ESTABLISHMENTS THAT GENERATE
SUCH WASTES UNIFORMITY AMONG STATES.
(3) BY PROVIDING SUCH UNIFORMITY A STATE WITH ENVIRONMENTALLY SOUND
LAWS DOES NOT DRIVE BUSINESS OUT OF THE STATE TO A STATE WHICH, FOR
ECONOMIC REASONS, DECIDES TO BE A DUMPING GROUND FOR HAZARDOUS WASTES,
AND
(4) BY PERMITTING STATES TO DEVELOP AND IMPLEMENT HAZARDOUS WASTE
PROGRAMS EQUIVALENT TO THE FEDERAL PROGRAM, THE POLICE POWER OF THE
STATES ARE UTILIZED RATHER THAN THE CREATION OF ANOTHER FEDERAL
BUREAUCRACY TO IMPLEMENT THIS ACT. /47/
THE INTERSTATE NATURE OF HAZARDOUS WASTES WAS CLEARLY RECOGNIZED BY
CONGRESS, AS INDICATED IN THE LEGISLATIVE HISTORY OF RCRA. HOWEVER.
STATUTORY AUTHORITY TO DEAL WITH HAZARDOUS WASTE DISPOSAL PROBLEMS STILL
VARIES FROM STATE TO STATE, AND THE FOLLOWING CASE PROVIDES AN EXAMPLE
OF WHAT CAN HAPPEN WHEN ENVIRONMENTAL LAW IS APPLIED IN AN INCONSISTENT
FASHION.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 029 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105326
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/48/ LETTER OF JUNE 6, 1979 FROM HELEN SINCLAIR TO THE SUBCOMMITTEE
ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/49/ HAZARDOUS WASTE DISPOSAL. REPORT BY THE SUBCOMMITTEE ON
OVERSIGHT AND INVESTIGATIONS. COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE, U.S. HOUSE OF REPRESENTATIVES, SEPTEMBER, 1979, COMMITTEE
PRINT 96-IFC31, P. 72.
/50/ LETTER OF THE ARKANSAS DEPRATMENT OF POULLUTION CONTROL AND
ECOLOGY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, JUNE
26, 1979.
POLLUTION CONTROLS, INC., A CORPORATION LOCATED IN SHAKOPEE,
MINNESOTA, OPERATED AN INCINERATOR FOR YEARS TO DISPOSE OF COMBUSTIBLE
PAINT SLUDGES, SOLVENTS AND WASTE OILS. AFTER A CIVIL SUIT BY THE STATE
WHICH RESULTED IN A COURT ORDER TO CLEAN UP THE SITE, POLLUTION
CONTROLS, INC., RELOCATED IN EL DORADO, ARKANSAS, WHERE IT CHANGED ITS
CORPORATE NAME TO ENERGY SYSTEMS COMPANY (ENSCO). THE COMPANY MAY SOON
BE LICENSED BY EPA AS AN INCINERATOR FOR PCBS (POLY-CHLORINATED
BIPHENYLS).
A PUBLIC NUISANCE SUIT WAS FILED AGAINST THE COMPANY ON MAY 24, 1979,
AS A RESULT OF CITIZEN COMPLAINTS OVER INTOLERABLE AIR EMISSIONS. ONE
CONCERNED AREA RESIDENT INFORMED THE SUBCOMMITTEE, IN REGARD TO THE
RELOCATION OF THE COMPANY IN EL DORADO, THAT:
WE FEEL WE ARE A DUMPING GROUND FOR THE ENTIRE COUNTRY. CHEMICALS
ARE HAULED TO OUR CITY (FROM) AS FAR AWAY AS CANADA. /48/
THIS "POLLUTION SINK" PROBLEM WAS RECENTLY DESCRIBED FURTHER BY
REPRESENTATIVE MARC MARKS IN A REPORT BY THE SUBCOMMITEE ON OVERSIGHT
AND INVESTIGATIONS:
NO STATE SHOULD BECOME A DUMPING GROUND FOR THE HAZARDOUS WASTES OF
ANOTHER. YET THAT IS EXACTLY THE POSITION PENNSYLVANIA IS IN TODAY.
TESTIMONY AT OUR SUBCOMMITTEE'S HEARINGS REVEALED THAT THE STATE OF NEW
JERSEY CURRENTLY IS DUMPING 65 TO 70 PERCENT OF THEIR HAZARDOUS WASTES
MATERIAL IN PENNSYLVANIA. NEW JERSEY'S OWN RECORDS VERIFY THESE
FIGURES.
THE REASON FOR THIS IS SIMPLE: NEW JERSEY HAS ENACTED STRICT LAWS
REGULATING THE DISPOSAL OF HAZARDOUS WASTES. PENNSYLVANIA HAS NOT.
THEREFORE, TO AVOID THE EXPENSE AND EFFORT OF COMPLYING WITH NEW
JERSEY'S LAWS, HAZARDOUS WASTE GENERATORS IN THAT STATE SIMPLY SEND
THEIR HAZARDOUS WASTES TO PENNSYLVANIA. UNDOUBTEDLY, OTHER STATES ARE
FOLLOWING THE SAME PATTERN. /49/
CLEARLY, IT IS UNDESIRABLE FOR ONE STATE TO BECOME THE DUMPING GROUND
FOR ANTOHER'S WASTES. AND YET, THE DELAY IN THE ISSUANCE OF SUBTITLE C
REGULATIONS HAS CONTRIBUTED GREATLY TO THIS PHENOMENON, INCREASING
PUBLIC AWARENESS OF HAZARDOUS WASTE PROBLEMS AND DECREASING STATE'S
CAPABILITIES TO CONTROL THEM.
ANOTHER UNINTENDED BUT NEVERTHELESS SERIOUS DEVELOPMENT ASSOCIATED
WITH THE DELAY IS THAT UNCERTAINTY HAS BEEN INCREASED ON THE PART OF
PUBLIC OVER HAZARDOUS WASTE REGULATION. THE RESULT: THE PEOPLE THAT
SHOULD BE PROTECTED BY THE ACT ARE INCREASINGLY OPPOSED TO THE SITING OF
NEW HAZARDOUS WASTE DISPOSAL FACILITIES. AS POINTED OUT BY THE ARKANSAS
DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY:
UNTIL THEY (HAZARDOUS WASTE TOOLS) ARE AVAILABLE, PUBLIC CONCERN AND
THE SUBSEQUENT OPPOSITION TO THE SITING OF HAZARDOUS WASTE FACILITIES
WILL CONTINUE TO MOUNT AND THE DIFFERENTIATION BETWEEN FACILITIES WHICH
CAUSE THE PROBLEMS WILL BECOME MORE CONFUSED. CONSEQUENTLY, STATE
AGENCIES AND EPA REGIONAL PERSONNEL WILL CONTINUE TO EXPERIENCE THE
RESPONSIBILITY ASSOCIATED WITH INADEQUATE FACILITIES AND YET WILL NOT
HAVE WITHIN THEIR GRASP THE TOOLS REQUIRED TO SOLVE THE PROBLEMS. /50/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 030 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105327
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/51/ TESTIMONY OF JAMES W. MOORMAN, ASSISTANT ATTORNEY GENERAL, LANDS
AND NATURAL RESOURCE DIVISION, DEPARTMENT OF JUSTICE, BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, COMMITTEE ON INTERSTATE
AND FOREIGN COMMERCE, U.S. HOUSE OF REPRESENTATIVES, MAY 16, 1979, PP.
719-720.
/52/ AUGUST 1, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, PP. 191-198.
THUS, UNTIL EPA GETS DOWN TO THE BUSINESS OF REGULATING HAZARDOUS
WASTE AS CONGRESS INTENDED, THE AGENCY WILL FACE NOT STATIC BUT
INCREASING OBSTACLES TO CARRYING OUT ITS MANDATE.
ANOTHER EFFECT OF THE DELAY IS THAT IT FORCES THE DEPARTMENT OF
JUSTICE TO RESORT TO COMMON LAW AND VARIOUS STATUTORY AUTHORITY, SUCH AS
THE "IMMINENT HAZARD" PROVISION OF RCRA, FOR ENFORCEMENT ACTION.
ACCORDING TO JAMES MOORMAN, ASSISTANT ATTORNEY GENERAL OF THE LANDS
AND NATURAL RESOURCES DIVISION OF THE DEPARTMENT OF JUSTICE:
UNTIL THE SUBTITLE C REGULATORY PROGRAM IS IN PLACE, AND UNTIL IT IS
EXPANDED TO COVER INACTIVE OR ABANDONED DISPOSAL SITES, ENFORCEMENT MUST
BE APPROACHED UNDER ANOTHER PROVISION OF THAT ACT.
THERE ARE, IN ADDITION, MISCELLANEOUS PROVISIONS IN (OTHER
ENVIRONMENTAL) STATUTES . . . AS WELL AS LEGAL THEORIES UNDER THE COMMON
LAW, WHICH CAN BE APPLIED DEPENDING ON THE SPECIFIC FACT SITUATION. OUR
LAWYERS WORKING IN THIS NEWLY DEVELOPING FIELD OF HAZARDOUS AND TOXIC
WASTE CONTROL WILL BE UTILIZING THESE PROVISIONS IN VARIOUS COMBINATIONS
AS APPROPRIATE. /51/
WILLIAM SANJOUR CHARACTERIZED THE EPA MANAGEMENT CONSEQUENCES OF THE
CUTBACK, WHICH RESULTED IN THE EXTREME DELAY, AS FOLLOWS:
TO IMPLEMENT THIS NEW POLICY, WE WERE TOLD TO DO MANY THINGS WHICH WE
KNEW WERE NOT RIGHT.
WE WERE REQUIRED TO WRITE PUBLIC DOCUMENTS WHICH WE KNEW WERE
MISLEADING. THE PRESS AND CONGRESS AND THE PUBLIC WERE GIVEN
MISINFORMATION, WHILE ACCURATE INFORMATION WAS SUPPRESSED.
OUR TASK SHIFTED TO DEVELOPING AFTER-THE-FACT EXPLANATIONS TO JUSTIFY
DEPARTURES FROM THE MANDATE AND THE INTENT OF THE ACT.
EVERY ONE OF US ON THE EPA TECHNICAL STAFF HAS TO MAKE HIS OWN
DECISION AS TO WHAT EXTENT HE OR SHE WOULD BE A "GOOD SOLIDER" AND OBEY
ORDERS, OR TO BE A "GOOD CITIZEN" AND OBEY THE LAW.
I WAS NOT A VERY GOOD SOLIDIER, AND AS A RESULT I WAS TRANSFERRED TO
A MEANINGLESS JOB OUT OF THE HAZARDOUS WASTE MANAGEMENT DIVISION WHER I
COULD NO LONGER AFFECT THE REGULATIONS.
I WOULD ASK CONGRESS TO HAVE COMPASSION FOR THE CIVIL SERVANT CHARGED
WITH WRITING REGULATIONS TO IMPLEMENT THE LAW.
HE IS CAUGHT BETWEEN HIS CONSCIENCE AND HIS CAREER. /52/
SEVERAL OTHER OFFICIALS WITHIN EPA INFORMED THE SUBCOMMITTEE STAFF
THROUGHOUT ITS INVESTIGATION THAT THEY WERE NOT SATISFIED WITH THE
METHODS CHOSEN TO REGULATE HAZARDOUS WASTE, THE DECISIONS WHICH LED TO
THOSE METHODS AND THE RESULTING DELAY IN PROMULGATION.
1. THE SUBCOMMITTEE FINDS EPA'S JUSTIFICATIONS FOR THE DELAY WITHOUT
MERIT.
2. RECOGNIZING THE VIRTUAL CERTAINTY OF JUDICIAL CHALLENGE TO ITS
FINAL REGULATIONS, THE EPA SHOULD NOT BE SPENDING SUCH AN INORDINATE
AMOUNT OF TIME TRYING TO SECOND-GUESS THE COURTS.
3. IN DEVELOPING REGULATIONS UNDER SUBTITLE C THE SUBCOMMITTEE FINDS
THAT EPA INCREASED THE DELAY IN PROMULGATION BY ITS REVISION AND
REDUCTION OF THE SCOPE OF THE DRAFT REGULATIONS. THE EFFECTS OF THE
DELAY WERE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 031 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105328
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
TO FURTHER RETARD IMPLEMENTATION OF THE ACT AT THE STATE AND FEDERAL
LEVEL;
TO ALLOW UNSAFE DISPOSAL PRACTICES TO CONTINUE AND TO FURTHER
ENDANGER PUBLIC HEALTH AND THE ENVIRONMENT;
TO INHIBIT WASTE DISPOSAL COMPANIES FROM INVESTING IN NEW EQUIPMENT
FOR FEAR OF THE FACILITIES' INABILITY TO MEET EPA STANDARDS;
TO INCREASE PUBLIC UNCERTAINTY RESULTING IN AN INCREASE IN THE
OPPOSITION TO SITING OF NEW HAZARDOUS WASTE FACILITIES;
TO FORCE THE DEPARTMENT OF JUSTICE TO RESORT TO COMMON LAW AND
VARIOUS STATUTORY AUTHORITIES, SUCH AS THE "IMMINENT HAZARD" PROVISION
OF RCRA, FOR ENFORCEMENT ACTION;
TO REDUCE THE EFFECTIVENESS OF EPA'S INTERNAL REGULATORY DEVELOPMENT
PROCESS BY REDUCING MORALE AND CONFIDENCE AMONGST EMPLOYEES AT THE
PROGRAM LEVEL.
EPA SHOULD HASTEN THE PROMULGATION OF RCRA SUBTITLE C REGULATIONS IN
ORDER TO IMPLEMENT THE STATUTE AS SOON AS POSSIBLE, AND TO PROVIDE FOR
STATE CONTROL OVER HAZARDOUS WASTE AS ENVISIONED BY CONGRESS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 032 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105329
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/53/ NOVEMBER 20, 1979 LETTER FROM THE ENVIRONMENTAL PROTECTION
AGENCY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
THROUGHOUT ITS INVESTIGATION, THE SUBCOMMITTEE ATTEMPTED TO DETERMINE
WHETHER, PRIOR TO THE IMPLEMENTATION OF RCRA, EPA WOULD PROVIDE FOR A
COHESIVE NATIONAL PROGRAM FOR RESPONSE AND ENFORCEMENT TO ENVIRONMENTAL
PROBLEMS ASSOCIATED WITH THE DISPOSAL OF HAZARDOUS WASTE.
A MAJOR EFFORT BY EPA TO ESTABLISH A NATIONAL ENFORCEMENT AND
RESPONSE SYSTEM TO ADDRESS THE HAZARDOUS WASTE PROBLEM CULMINATED IN THE
CREATION OF A HAZARDOUS WASTE ENFORCEMENT TASK FORCE THROUGH A JUNE 27,
1979 EPA DIRECTIVE. THE SYSTEM (HEREINAFTER REFERRED TO AS THE "TASK
FORCE") WAS CREATED TO FULFILL THE FOLLOWING FUNCTIONS:
"(1) TO DEVELOP AND MAINTAIN A NATIONALLY UNIFORM H-ZARDOUS WASTE
SITE MANAGEMENT SYSTEM;
(2) TO WORK WITH THE REGIONS AND THE DEPARTMENT OF JUSTICE TO
EXPEDITE THE DEVELOPMENT AND FILING OF REGIONALLY MANAGED HAZARDOUS
WASTE SITE ENFORCEMENT CASES;
(3) TO PROVIDE NATIONAL MANAGEMENT AND DIRECTION FOR A LIMITED NUMBER
OF HAZARDOUS WASTE ENFORCEMENT CASES INVOLVING PARTICULARLY SIGNIFICANT
LEGAL PRECEDENTS OR CUTTING ACROSS A NUMBER OF REGIONAL BOUNDARIES."
/53/
THE TAKS FORCE IS A TEMPORARY UNIT WHICH WILL BE INCORPORATED INTO
EXISTING ORGANIZATIONAL STRUCTURES WITHIN TWO YEARS.
EPA HAS ALSO RECENTLY ESTABLISHED A PERMANENT UNIT TO COORDINATE
EMERGENCY AND REMEDIAL RESPONSES TO VARIOUS HAZARDOUS WASTE SITUATIONS.
THIS IS THE HAZARDOUS WASTE SITE CONTROL BRANCH UNDER A DIVISION OF THE
OFFICE OF WATER AND WASTE MANAGEMENT. BOTH SYSTEMS MESH TO FORM WHAT
EPA REFERS TO AS THE HAZARDOUS WASTE SITE ENFORCEMENT AND RESPONSE
SYSTEM.
THE SUBCOMMITTEE BELIEVES THAT IN ORDER TO IMPLEMENT SUCH A SYSTEM,
KNOWLEDGE OF SITE INFORMATION SHOULD BE ROUTINELY TRANSMITTED TO EPA
HEADQUARTERS, AND THAT THE SYSTEM NECESSITATES CONTROL AND COORDINATION
FROM UPPER MANAGEMENT.
WHEN ASKED ABOUT THE EFFECTS OF THE MEMORANDUM WHICH ESTABLISHED THE
SYSTEM, HUGH KAUFMAN, MANAGER OF THE EPA DAMAGE ASSESSMENT PROGRAM,
CHARACTERIZED IT AS FOLLOWS:
THAT MEMORANDUM STRENGTHENS THE REGIONAL OFFICE'S CAPABILITIES. IT
SAYS THE REGIONS ARE BASICALLY IN BUSINESS FOR THEMSELVES TO ADDRESS
HAZARDOUS WASTE SITE ISSUES, WITHOUT HEADQUARTER'S OVERSIGHT. AND I
THINK THE RECORD SHOWS THAT IT'S THE HEADQUARTER'S OVERSIGHT THAT HAS
FORCED CLEANUP OF MANY BAD SITES.
WHEN THE REGIONS WERE IN BUSINESS FOR THEMSELVES, THINGS WERE NOT
BEING DONE. I THINK THERE ARE MANY OTHER PROBLEMS WITH THAT MEMORANDUM
IN TERMS OF NOT SETTING UP A GOOD INSTITUTIONAL FRAMEWORK.
WE HAVE MANY DIFFERENT ACTORS INVOLVED, WHICH LEADS TO MORE TURF
FIGHTING. IN FACT, TURF FICHTING GOES ON EVERY DAY. WHAT PIECE IS
ENFORCEMENT (DIVISION) RE SPONSIBLE FOR?
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 033 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105330
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/54/ AUGUST 1, 1979, SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT
MANAGEMENT HEARING TRANSCRIPT, PP. 217-18, REGARDING ENVIRONMENTAL
PROTECTION AGENCY INTERNAL MEMORANDUM OF JUNE 27, 1979.
/55/ SEE PAGE 52 FOR FULL DESCRIPTION OF IMMINENT HAZARD PROVISION.
/56/ INTERNAL JUSTICE DEPARTMENT MEMORANDUM SUPPLIED TO THE
SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, P. 8.
/57/ IBID, P. 8.
/58/ IBID, PP. 27-28.
WHAT PIECE WITH THIS REGIONAL GROUP OR THAT REGIONAL GROUP HAVE?
(EMPHASIS ADDED) /54/
IN SHORT, THE UPPER LEVEL COORDINATION REQUIRED TO MANAGE SUCH A
SYSTEM IS INSUFFICIENT.
ALTHOUGH EPA'S NEW HAZARDOUS WASTE SITE TRACKING SYSTEM (CREATED TO
FACILITATE THE TASK FORCE AND SITE CONTROL BRANCH) PROVIDES A MECHANISM
FOR ROUTINE TRANSMITTAL OF SITE INFORMATION TO HEADQUARTERS, THERE
APPEAR TO BE NO MANDATORY PROCEDURES WHICH THE REGIONS MUST FOLLOW TO
ASSURE FULL RESPONSE AND CONTINUOUS SITE INFORMATION FLOW. LACKING A
CENTRALIZED REGULATORY FRAMEWORK PROVIDED FOR UNDER RCRA SUBTITLE C,
THIS SYSTEM MUST BE CENTRALLY CONTROLLED TO ENSURE THAT REGIONAL OFFICES
ARE ACCOUNTABLE TO CONGRESS.
DIFFERING VIEWS
ABSENT THE ENFORCEMENT MECHANISM PROVIDED UNDER SUBTITLE C OF RCRA,
EPA MUST USE OTHER AVAILABLE LEGAL AUTHORITY TO BRING ENFORCEMENT
ACTIONS IN HAZARDOUS WASTE CASES. RECOGNIZING THE CONTINUING OCCURRENCE
OF HEALTH AND ENVIRONMENTAL PROBLEMS POSED BY BOTH ACTIVE AND INACTIVE
HAZARDOUS WASTE SITES, THE EPA SHOULD BROADLY INTERPRET AVAILABLE LEGAL
AUTHORITY TO FACILITATE ITS UTILIZATION.
A POWERFUL TOOL AVAILABLE AT THIS TIME TO THE EPA ADMINISTRATOR TO
TAKE EMERGENCY LEGAL ACTION IN CASES OF EXTREME ENVIRONMENTAL HAZARDS
POSED BY HAZARDOUS WASTES IS SECTION 7003 OF RCRA, THE "IMMINENT HAZARD"
AUTHORITY. /55/
AN INTERNAL JUSTICE DEPARTMENT MEMORANDUM WHICH THE SUBOMMITTEE
OBTAINED SUGGESTS THE NEED FOR MORE AGGRESSIVE USE OF SECTION 7003 THAN
HAS BEEN THE CASE TO DATE. IT INTERPRETS THIS AUTHORITY AS BEING
APPLICABLE TO INACTIVE, AS WELL AS ACTIVE, OR EXISTING SITES.
THE MEMO EVALUATES SECTION 7003 AS:
AMPLE LEGAL AUTHORITY . . . FOR THE UNITED STATES TO ENJOIN OR
OTHERWISE REMEDY HAZARDOUS WASTE POLLUTION THAT DOES NOT REACH UNITED
STATES WATERS. /56/
FURTHERMORE, THE DEPARTMENT SEES THIS PROVISION AS PROVIDING
AUTHORITY . . . FOR PURSUING FORMER OWNERS OF A POLLUTING SITE (AND
PERHAPS EVEN THE GENERATOR OF THE WASTE), UNDER CERTAIN CIRCUMSTANCES,
AND FOR PURSUING WASTE GENERATORS WHO USE INDEPENDENT CONTRACTORS TO
SURREPTITIOUSLY DUMP THEIR HAZARDOUS WASTE. /57/
ACCORDING TO THE MEMO, THERE IS ONE FUNDAMENTAL LIMITATION TO THE USE
OF SECTION 7003 AUTHORITY:
IF SECTION 7003 HAS ANY DRAWBACK, IT IS THAT THE SECTION IS
UNFAMILIAR AND UNTESTED . . . IN CONCLUSION, THERE IS AMPLE, IF
UNTESTED, AUTHORITY FOR PURSUING HAZARDOUS WASTE POLLUTION UNDER MOST
SITUATIONS." (EMPHASIS ADDED) /58/
EPA, IN TURN, HAS TESTIFIED THAT SECTION 7003:
. . . AUTHORIZES US TO TAKE ENFORCEMENT ACTION AGAINST THE OWNER OF
AN INACTIVE SITE IF THE SITE IS PRESENTING AND IMMINENT AND SUBSTANTIAL
DANGER TO HUMAN HEALTH OR THE ENVIRONMENT. HENCE, WE CAN EFFECTIVELY
EXERCISE THIS AUTHORITY WHERE THE PRESENT OWNER IS IN SOME WAY
RESPONSIBLE FOR THE IMMINENT HAZARD AND IS FINANCIALLY OR OTHERWISE ABLE
TO REMEDY IT.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 034 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105331
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/59/ OVERSIGHT OF RESOURCE CONSERVATION AND RECOVERY ACT, HEARINGS
HELD BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATION. COMMITTEE
ON INTERSTATE NAD FOREIGN COMMERCE, U.S. HOUSE OF REPRESENTATIVES,
OCTOBER 30, 1978, PP. 27-8, SERIAL NO. 95-183. (NOTE, ADDITIONAL
REFERENCE AVAILABLE ON P. 230 OF AUGUST 1, 1979 SUBCOMMITTEE HEARING
TRANSCRIPT).
/60/ JUNE 22, 1979 LETTER FROM THE ENVIRONMENTAL PROTECTION AGENCY TO
THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/61/ SECOND RESTATEMENT OF TORTS, AMERICAN LAW INSTITUTE, SECTION
373, "DANGEROUS CONDITIONS CREATED BEFORE VENDOR TRANSFERS POSSESSION",
1965.
HOWEVER, WHERE THESE TWO CIRCUMSTANCES ARE NOT PRESENT, 7003 IS NOT
AN EFFECTIVE TOOL. /59/
THE DISAGREEMENT BETWEEN THE DEPARTMENT OF JUSTICE AND THE
ENVIRONMENTAL PROTECTION AGENCY, WITH RESPECT TO APPLICATION OF SECTION
7003 TO "PRESENT" (EPA) OR "FORMER" (DOJ) OWNERS, IS ONE THAT HAS
EVIDENTLY LIMITED THE USE OF SECTION 7003 AS AN ENFORCEMENT TOOL. AS OF
AUGUST, 1979, ONLY SEVEN CASES HAD BEEN BROUGHT IN FEDERAL COURT
RELATING TO HAZARDOUS WASTE. THESE CASES HAVE RELIED ON SECTION 7003,
IMMINENT HAZARD AUTHORITY UNDER OTHER FEDERAL STATUTES, AND OTHER COMMON
LAW AND STATUTORY AUTHORITY. /60/
THE SUBCOMMITTEE ACKNOWLEDGES EPA'S CHARACTERIZATION OF THE
TREMENDOUS BURDEN OF PROOF ASSOCIATED WITH AN IMMINENT HAZARD ACTION
(PLAINTIFF MUST SHOW HAZARDOUS WASTE . . . "IS PRESENTING AND IMMINENT
AND SUBSTANTIAL ENDANGEMENT . . ."). CLEARLY, HOWEVER, WITHOUT
AGGRESSIVE EFFORTS TO BRING SUITS UNDER THE PROVISION, SECTION 7003 WILL
REMAIN, AS THE DEPARTMENT OF JUSTICE SUGGESTS, LARGELY UNTESTED.
EPA HAS APPARENTLY DETERMINED THAT ITS LEGAL AUTHORITY IS
INSUFFICIENT BASED ON THE VIEW THAT THE AGENCY CANNOT CURRENTLY TAKE
ACTION IN HAZARDOUS WASTE SITUATIONS WHERE A RESPONSIBLE OWNER WITH
FINANCIAL RESOURCES IS NOT AVAILABLE (ACCORDING TO EPA, THIS WOULD
INCLUDE "ABANDONED SITES" SUCH AS LOVE CANAL). HOWEVER, AS INDICATED IN
THE JUSTICE DEPARTMENT MEMORANDUM, THE FEDERAL GOVERNMENT HAS SUFFICIENT
AUTHORITY TO PURSUE EVEN FORMER OWNERS OF A PULLUTING SITE FOR REMEDIAL
EFFORTS. THE KEY TO THE SECTION 7003 PROVISION, IN THIS RESPECT LIES
NOT WITH CURRENT OWNERSHIP BUT WITH RESPONSIBILITY. THUS, EVEN LOVEL
CANAL CANNOT BE CONSIDERED AS TRULY ABANDONED (DESPITE THE FACT THAT
HOOKER CHEMICALS AND PLASTICS CORPORATION IS NO LONGER THE OWNER OF THE
SITE) BECAUSE OF HOOKER'S CONTINUING RESPONSIBILITY TO MAINTAIN THE
SITE.
THE SECOND RESTATEMENT OF TORTS BY THE AMERICAN LAW INSTITUTE
SUPPORTS THE ARGUMENT THAT HOOKER CHEMICAL COULD BE LIABLE FOR PREVIOUS
ON-SITE DISPOSAL ACTIVITIES DESPITE THE TRANSFER OF OWNERSHIP TO THE
STATE OF NEW YORK:
A VENDOR OF LAND WHO HAS CREATED OR NEGLIGENTLY PERMITTED TO REMAIN
ON THE LAND A STRUCTURE OR OTHER ARTIFICAL CONDITION WHICH INVOLVES AN
UNREASONABLE RISK OF HARM TO OTHERS OUTSIDE OF THE LAND, BECAUSE OF ITS
PLAN, CONSTRUCTION, LOCATION, DISREPAIR, OR OTHERWISE, IS SUBJECT TO
LIABILITY TO SUCH PERSONS FOR PHYSICAL HARM CAUSED BY THE CONDITION
AFTER HIS VENDEE HAS TAKEN POSSESSION OF THE LAND. /61/
IN FACT, THE JUSTICE DEPARTMENT, IN COOPERATION WITH STATE OFFICIALS,
HAS RECENTLY FILED A CIVIL SUIT AGAINST HOOKER, BASED ON SECTION 7003,
TO RECOVER MONIES SPENT TO REMEDY THE DAMAGES CAUSED BY ITS
IRRESPONSIBILE DISPOSAL PRACTICES AT LOVE CANAL. IN ANY EVENT, EPA'S
INTERPRETATION REGARDING THE POSSIBLE APPLICATIONS OF SECTION 7003 HAVE
RESULTED IN LESS THAN AGGRESSIVE USE OF ENFORCEMENT ACTIONS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 035 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105332
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/62/ TESTIMONY OF JAMES W. MOORMAN, ASSISTANT ATTORNEY GENERAL, LAND
AND NATURAL RESOURCES DIVISION, U.S. DEPARTMENT OF JUSTICE, BEFORE THE
SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMEBNT, JULY 19, 1979.
/63/ TESTIMONY OF JAMES W. MOORMAN, ASSISTANT ATTORNEY GENERAL, LAND
AND NATURAL RESOURCES DIVISION, U.S. DEPARTMENT OF JUSTICE, BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, COMMITTEE ON INTERSTATE
AND FOREIGN COMMERCE, U.S. HOUSE OF REPRESENTATIVES, OCTOBER 30, 1978,
SERIAL NO. 95-183.
/64/ LETTER OF JUNE 22, 1979, FROM THE ENVIRONMENTAL PROTECTION
AGENCY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, P. 8.
NOT ONLY ARE THERE DIFFERING VIEWS ON THE APPLICATION OF RCRA'S
IMMINENT HAZARD AUTHORITY, THE DEPARTMENT OF JUSTICE AND EPA ALSO DIFFER
IN THIER INTERPRETATION OF THE USE OF OTHER FEDERAL STATUTES.
EPA AND THE DEPARTMENT OF JUSTICE RESPONSES TO SUBCOMMITTEE INQUIRIES
HAVE DISCLOSED THAT A WIDE VARIETY OF STATUTORY AUTHORITY CAN BE USED TO
ADDRESS HAZARDOUS WASTE PROBLEMS PRIOR TO THE ISSUANCE OF RCRA SUBTITLE
C REGULATIONS. ACCORDING TO JUSTICE, THERE ARE 20 FEDERAL STATUTES IN
ADDITION TO RCRA AND THEORIES OF COMMON LAW WHICH RELATE TO HAZARDOUS OR
TOXIC WASTES, AND WHICH CAN BE APPLIED TO VARYING HAZARDOUS WASTE
PROBLEMS. /62/
THE DEPARTMENT HAS ALSO CITED THIRTEEN IMMINENT HAZARD PROVISIONS IN
ADDITION TO SECTION 7003 OF RCRA THAT CAN BE CONSIDERED AS APPLICABLE TO
CERTAIN HAZARDOUS WASTE SITUATIONS. /63/
EPA HAS A MUCH MORE LIMITED VIEW OF STATUTORY CAPABILITIES. THE
AGENCY HAS CONCEDED THAT ONLY 6 FEDERAL STATUTES OTHER THAN RCRA CAN BE
APPLIED TO SEEK REMEDIAL ACTION AT HAZARDOUS WASTE SITES. /64/
THE SUBCOMMITTEE IS AWARE THAT THE REGULATORY FRAMEWORK PROVIDED
UNDER RCRA IS THE ONLY TRULY COMPREHENSIVE STATUTORY TOOL DESIGNED TO
DEAL SPECIFICALLY WITH HAZARDOUS AND SOLID WASTE. WE ALSO RECOGNIZE THE
LIMITED NATURE OF OTHER AUTHORITY IDENTIFIED BY EPA AND THE JUSTICE
DEPARTMENT. HOWEVER, WE FIND THAT THE JUSTICE DEPARTMENT HAS MORE
ADEQUATELY IDENTIFIED APPROPRIATE LEGAL TOOLS FOR EFFECTIVE ENFORCEMENT
ACTION.
2. THE SUBCOMMITTEE FINDS THAT EPA HAS FAILED TO MAKE FULL USE OF
ITS AUTHORITY TO IDENTIFY AND MITIGATE THE HAZARDS POSED BY INDUSTRY'S
HANDLING OF HAZARDOUS WASTES.
3. AS NOTED IN THE INTRODUCTION TO THIS REPORT, THE COST FOR CLEANUP
OF LOVE CANAL IN NIAGARA FALLS, N.Y., HAS ALREADY EXCEEDED $23 MILLION.
MICHIGAN OFFICALS ESTIMATE THAT AT LEAST $500 MILLION WILL BE REQUIRED
FOR HAZARDOUS WASTE CONTAINMENT AND REMEDIAL MEASURES IN THAT STATE
ALONE. ACCORDINGLY, THE SUBCOMMITTEE FINDS THAT THE COSTS TO REMEDY
PAST UNSOUND HAZARDOUS WASTE DISPOSAL PRACTICES ARE EXTREMELY HIGH, AND
THAT A MECHANISM FOR THE FINANCING OF MOST IDENTIFICATION, ENFORCEMENT,
AND REMEDIAL EFFORTS DOES -OT EXIST AT THE STATE OR FEDERAL LEVEL.
FURTHER, IN THE CASE OF LOVE CANAL AND MANY OTHER SITES, MAJOR LIABILITY
QUESTIONS REMAIN UNRESOLVED.
1. EPA AND THE DEPARTMENT OF JUSTICE SHOULD MAKE FULL USE OF ALL
LEGAL T-OLS IDENTIFIED BY THE DEPARTMENT, INCLUDING SECTION 7003 AND ANY
OTHER AVAILABLE LEGAL AUTHORITY, TO IDENTIFY SITES AND MITIGATE THE
HAZARDS POSED BY TOXIC AND HAZARDOUS WASTES, PRIOR TO AND BEYOND THE
PROMULGATION OF SUBTITLE C REGULATIONS.
2. CONGRESS SHOULD ENACT A VERSION OF THE PROPOSED "SUPERFUND"
LEGISLATION WHICH WOULD PROVIDE AMPLE FUNDS TO COVER.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 036 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105333
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/65/ JUNE 27, 1978, EPA INTERNAL MEMORANDUM, AND DECEMBER 11, 1979
LETTER FROM ENVIRONMENTAL PROTECTION AGENCY TO THE SUBCOMMITTEE ON
OVERSIGHT OF GOVERNMENT MANAGEMENT
/66/ NOVEMBER 9, 1979, LETTER FROM THE ENVIRONMENTAL PROTECTION
AGENCY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
(A) EFFORTS TO IMPROVE SITE INVENTORIES;
(B) INITIAL CLEANUP COSTS;
(C) LIABILITIES ARISING FROM DAMAGES CAUSED BY SITES; AND
(D) ACTIONS FOR RECOVERY OF FEDERAL AND STATE EXPENDITURES.
A MAJOR PROBLEM WITH THE JUNE 27, 1979 MEMORANDUM ESTABLISHING THE
TASK FORCE (REFERRED TO ON P. 27), IS THAT IT DOES NOT REQUIRE MANDATORY
REPORTING BY THE REGIONS TO HEADQUARTERS AS TO LOCATIONS OF HAZARDOUS
WASTE SITES.
EPA ESTIMATES THAT THERE ARE 32,000 TO 50,000 SITES ACROSS THE
COUNTRY CONTAINING HAZARDOUS MATERIALS, OF WHICH 1,200-2,000 "MAY
CONTAIN SIGNIFICANT AMOUNTS OF HAZARDOUS WASTES AND POSE SUBSTANTIAL
RISKS TO PUBLIC HEALTH AND THE ENVIRONMENT." /L5/ HOWEVER, RELATIVE TO
THESE FIGURES, EPA INFORMED THE SUBCOMMITTEE THAT:
WE HAVE NO RELIABLE ESTIMATES OF FINANCIALLY LIABLE OWNERS BEYOND
THOSE TONTAINED IN THE EPA CONTRACT STUDY ENTITLED "PRELIMINARY
ASSESSMENT OF CLEAN-UP COSTS FOR NATIONAL HAZARDOUS WASTES PROBLEMS,"
FROM WHICH (OUR) FIGURE OF 32,000 TO 50,000 SITES WAS DERIVED. MANY OF
THOSE SITES HAVE NOT ACTUALLY BEEN LOCATED, AND THEREFORE DETERMINING
OWNERSHIP OR RESPONSIBILITY IS NOT YET POSSIBLE.
FURTHER, EPA INFORMED THE SUBCOMMITTEE BY LETTER OF NOVEMBER 9, 1979,
THAT THE AGENCY HAD IDENTIFIED 1,536 POTENTIAL HAZARDOUS WASTE SITES OR
PROBLEMS AS OF OCTOBER 31, 1979. OF THESE, ONLY 532 SITES HAVE BEEN
INSPECTED. /66/
IT IS CLEAR THAT EPA ITSELF DOES NOT KNOW THE EXTENT OF THE HAZARDOUS
WASTE PROBLEM, MUCH LESS WHETHER THE ESTIMATED 30,000 TO 50,000 SITES
COULD BE CLASSIFIED AS ABANDONED, EXISTING, OR INACTIVE.
THE AGENCY COULD GREATLY ENHANCE ITS INVENTORY THROUGH THE
UTILIZATION OF THREE TOOLS PRESENTLY AT TIS DISPOSAL.
FIRST, EPA COULD REQUIRE MANDATORY REPORTING BY THE TEN REGIONS OF
ALL DISCOVERIES OF HAZARDOUS WASTE SITES. THE MECHANISM FOR SUCH
REPORTING IS IN PLACE AT THE PRESENT TIME. THE EPA HAS ESTABLISHED A
COMPUTERIZED LOGGING SYSTEM TO RECORD SITE INFORMATION. ENFORCEMENT OF
THE USE OF THIS SYSTEM, INCLUDING PERIODIC UPDATING, WOULD BE O GREAT
BENEFIT.
THE SECOND METHOD EPA COULD USE TO IMPROVE ITS SITE INVENTORY IS BY
FOLLOWING UP ON THE CHEMICAL INDUSTRY SITE SURVEY CONDUCTED BY THE HOUSE
INTERSTATE AND FOREIGN COMMERCE COMMITTEES' OVERSIGHT AND INVESTIGATIONS
SUBCOMMITTEE, WHICH BEGAN AN INVESTIGATION INTO THE DISPOSAL OF
HAZARDOUS WASTES IN THE FALL OF 1978. THAT SUBCOMMITTEE, CHAIRED BY
REPRESENTATIVE BOB ECKHARDT OF TEXAS, CONDUCTED 13 DAYS OF HEARINGS ON
WASTE DISPOSAL AND THE RESOURCE CONSERVATION AND RECOVERY ACT.
AMONG THE MANY ELEMENTS OF THE HAZARDOUS WASTE ISSUE UNDER
INVESTIGATION BY THE SUBCOMMITTEE WAS EPA'S INADEQUATE SITE INVENTORY.
ACCORDINGLY, THE SUBCOMMITTEE CONDUCTED A SURVEY OF THE 53 LARGEST
DOMESTIC CHEMICAL COMPANIES TO ASCERTAIN HOW MANY SITES HAD RECEIVED
THEIR MANUFACTURING WASTES.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 037 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105334
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/67/ WASTE DISPOSAL SITE SURVEY. REPORT BY THE SUBCOMMITTEE ON
OVERSIGHT AND INVESTIGATION, COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE, U.S. HOUSE OF REPRESENTATIVES, OCTOBER, 1979, SERIAL NO.
95-IFC 33, P. 111.
/68/ SUBCOMMITTEE STAFF INTERVIEW OF MAY 1979 WITH OFFICIALS OF THE
MICHIGAN DEPARTMENT OF NATURAL RESOURCES.
THE SURVEY REVEALED THAT OF 1,604 FACILITIES OPERATED BY THE
COMPANIES SINCE 1950, 762 MILLION TONS OF CHEMICAL PROCESS WASTES WERE
DISPOSED OF AT 3,383 SITES. /67/
ALTHOUGH LIMITED TO THE 53 LARGEST CHEMICAL COMPANIES AND RESTRICTED
IN ITS DISCLOSURE OF LEVELS OF HAZARDOUS MATERIALS AND DEGREE OF HAZARD
OF EACH SITE, THE SURVEY WAS THE FIRST MAJOR NATIONAL EFFORT TO COMPILE
A COMPREHENSIVE SITE INVENTORY.
THIRD, EPA COULD REVIEW ALL NATIONAL POLLUTANTS DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT APPLICATIONS AND ALL PERMITTED FACILITIES
(PERMITTED UNDER THE FEDERAL WATER POLLUTION CONTROL ACT (FWPCA)) TO
DETERMINE WHAT ALTERNATE FORMS OF DISPOSAL HAVE BEEN UTILIZED TO TREAT
EFFLUENT DISCHARGES. THE SUBCOMMITTEE WAS LED TO THIS CONCLUSION BY THE
DISCOVERY OF THE UNSOUND DISPOSAL PRACTICES UTILIZED BY THE HOOKER
CHEMICALS AND PLASTICS CORPORATION AT ITS MONTAGUE, MICHIGAN
MANUFACTURING FACILITY.
THE HOOKER CHEMICALS AND PLASTICS CORPORATION, A SUBSIDIARY OF
OCCIDENTAL PETROLEUM, HAS OPERATED A PRODUCTION FACILITY ON A 880-ACRE
SITE NEAR MONTAGUE, MICHIGAN, ADJACENT TO LAKE MICHIGAN, SINCE 1952.
HOOKER MANUFACTURES AT THE FACILITY A WIDE RANGE FO CHLOR ALKALI
PRODUCTS AND, UNTIL 1977, THE PESTICIDE AND FIRE RETARDANT INGREDIENT
HEXACHLOROCYLOPENTADIENE, COMMONLY KNOWN AS C056.
THROUGH A SERIES OF ON-GOING EFFORTS TO ASSURE ADEQUATE WATER QUALITY
IN THE MONTAGUE AREA, THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES
(MDNR) DISCOVERED IN THE SPRING OF 1976 AN UNLAWFUL DISCHARGE OF
CHLORINATED HYDROCARBONS (BY-PRODUCTS OF C-56 PRODUCTION) INTO WHITE
LAKE, LOCATED JUST SOUTH OF THE HOOKER FACILITY. A DISCHARGE OF EFFUENT
WAS ALLOWED AT THIS FACILITY THROUGH THE ISSUANCE OF A NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, WHICH WAS ISSUED
PURSUANT TO THE FEDERAL WATER POLLUTION CONTROL ACT (FWPCA). HOWEVER,
THIS PERMIT DID NOT AUTHORIZE THE DISCHARGE OF CHLORINATED HYDROCARBONS.
/68/
IN MID-1976, THE MDNR RECEIVED EVIDENCE OF CONTAMINATION IN A PRIVATE
RESIDENTIAL WELL ON THE PROPERTY OF MR. AND MRS. W. G CARROLL. THIS
RESIDENCE IS LOCATED IMMEDIATELY SOUTH OF THE HOOKER FACILITY, BETWEEN
THE FACILITY AND WHITE LAKE. TESTING OF THE WELL DISCLOSED HARMFUL
LEVELS OF CHLOROFORM, TRICHLOROETHYLENE, AND A SAMLL CHAIN OF
CHLORINATED HYDROCARBONS. THE DISCOVERY LED TO THE REQUIREMENT BY MDNR
OF HOOKER TO PERFORM A THOROUGH GROUNDWATER STUDY. AT THAT TIME MDNR
ALSO DETERMINED THAT A DIRECT EFFLUENT DISCHARGE FROM HOOKER'S
EQUALIZATION BASIN INTO WHITE LAKE, EVEN THOUGH PERMITTED THROUGH THE
ISSUANCE OF AN NPDES PERMIT, WAS UNACCEPTABLE.
IN FEBRUARY 1977, HOOKER NOTIFIED MDNR THAT IT WAS TERMINATING ITS
C-56 PRODUCTION FACILITY FOR ECONOMIC REASONS. THE DEPARTMENT BELIEVED
THAT THIS WAS DUE TO THE ECONOMIC BURDEN THAT WOULD BE IMPOSED TO TREAT
C-56 WASTE PROPERLY TO MEET MDNR LIMITATIONS ON DISCHARGE. THE
CONTINUING GROUNDWATER STUDY BY BY HOOKER WAS DISCLOSING INORDINATE
AMOUNTS OF CHLORIDE AND CHLORINATED HYDROCARBONS.
IN AUGUST, 1977, FORMER HOOKER EMPLOYEE WARREN DOBSON FILED AN
AFFIDAVIT WITH THE COUNTY PROSECUTOR DISCLOSING ANOTHER DISCONCERTING
FACET OF THE UNFOLDING ENVIRONMENTAL DISASTER CAUSED BY HOOKER.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 038 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105335
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/69/ SEE P. 51 FOR DESCRIPTION OF SECTION 3007 INSPECTION AUTHORITY.
THOSANDS OF 55-GALLON DRUMS CONTAINING VARIOUS DISTILLATION RESIDUES
FROM THE MANUFACTURE OF C-56 HAD BEEN LOADED ON TRUCKS AND DUMPED AT THE
NORTHERN END OF THE SITE.
IN MARCH, 1978, MDNR INSPECTED THE SITE TO DETERMINE THE EXTENT OF
POTENTIAL CONTAMINATION. TESTING OF THE CHEMICAL RESIDUES ESTABLISHED
THEIR CHEMICAL CONTENT: KEPONE, MIREX, WASTE FROM THE MANUFACTURE OF
C-56, VARIOUS CHLORINATED HYDROCARBONS AND TCDD DIOXIN. THE RUSTED AND
LEAKING METAL DRUMS HAD EXUDED LARGE QUANTITIES OF THESE CHEMICAL
RESIDUES INTO THE SOIL.
FEARING THE LEACHING OF THESE WASTES INTO THE GROUNDWATER, AND
ULTIMATELY INTO PRIVATE RESIDENTIAL WELLS, WHITE LAKE, AND LAKE
MICHIGAN; ON FEBRUARY 2, 1979, MICHIGAN STATE ATTORNEY GENERAL FRANK
KELLEY FILED A CIVIL SUIT AGAINST HOOKER IN THE INGHAM COUNTY CIRCUIT
COURT SEEKING REMEDIAL ACTION AT THE MONTAGUE SITE. THAT SUIT RESULTED
IN AN OUT-OF-COURT SETTLEMENT BETWEEN THE STATE AND HOOKER ON OCTOBER
24, 1979, AND ENTAILED A PLAN FOR RECTIFYING THE ENVIRONMENTAL DAMAGE AT
A COST OF OVER $15 MILLION TO HOOKER.
1. PAST ACTIVITIES OF CERTAIN ELEMENTS OF THE CHEMICAL INDUSTRY CAN
AND HAVE RESULTED IN TREMENDOUS LEVELS OF ENVIRONMENTAL DIRUPTION.
2. ADEQUATE PUBLIC AND ENVIRONMENTAL PROTECTION CANNOT BE ACHIEVED
WITHOUT COMPLETE SCRUTINY OF THE DUMPING ACTIVITIES OF THE CHEMICAL
INDUSTRY. HAD DNR OR EPA USED SECTION 3007 INSPECTION AUTHORITY IN
DEVELOPING REGULATIONS UNDER RCRA, WHEN THE MONTAGUE PROBLEM FIRST CAME
UNDER PUBLIC SUSPICION, THE AGENCIES MAY HAVE STARTED EARLIER IN
PREVENTING OR MITIGATING THE ENVIRONMENTAL DISASTER. /69/
3. DNR AND/OR EPA COULD PREVENT ENVIRONMENTAL DISASTERS SUCH AS THAT
WHICH OCCURRED AT MONTAGUE BY THOROUGHLY REVIEWING THE ALTERNATE
DISPOSAL PLAN (TYPICALLY SUBMITTED WITH NPDES APPLICATIONS) IN THE
HOOKER SUBMISSION OF AN APPLICATION FOR AN NPDES PERMIT. AN
ADMINISTRATIVE POLICY DECISION WITHIN EPA TO SCRUTINIZE ALTERNATE
DISPOSAL PLANS UNDER NPDES PERMIT APPLICATIONS OWULD HAVE DISCLOSED OR
PREVENTED THE UNDESIRABLE DISPOSAL TECHNIQUES UTILIZED BY HOOKER.
ACCORDINGLY, THE SUBCOMMITTEE FINDS THAT REQUIRING FACILITIES TO
OBTAIN AN NPDES PERMIT MAY HAVE THE EFFECT OF REDUCING THEIR EFFLUENT
DISCHARGE INTO NAVIGABLE WATERS, BUT MAY NOT PREVENT SUCH FACILITIES
FROM DISPOSING OF EFFLUENTS REMOVED FROM SUCH DISCHARGE IN AN UNSOUND
MANNER ON THE LAND.
4. CONGRESS, IN PARTICULAR THE OVERSIGHT AND INVESTIGATIONS
SUBCOMMITTEE AND ITS CHAIRMAN, BOB ECKHARDT, AND THE SURVEYED CHEMICAL
COMPANIES, INSTEAD OF EPA, HAVE MADE THE MOST AGGRESSIVE EFFORT TO DATE
IN IMPROVING THE SITE INVENTORY. THIS SUBCOMMITTEE CONCURS WITH
CHAIRMAN ECKHARDT THAT EPA HAS FAILED TO FULFILL THE SITE INVENTORY
RESPONSIBILITY ON ITS OWN. UNDERSTANDING THE MAGNITUDE OF THE GENERIC
ENVIRONMENTAL THREAT POSED BY HAZARDOUS WASTE IS THE FIRST AND MOST
IMPORTANT STEP TOWARD AFFORDING THE NATION ADEQUATE REGULATORY
PROTECTION.
1. THE SEVERITY OF THE ON-SITE DUMPING ACTIVITIES OF HOOKER
CHEMICALS IN MONTAGUE EXHIBITS A CLEAR NEED FOR GOVERNMENT TO ROUTINELY
INSPECT SUCH FACILITIES.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 039 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105336
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/70/ JULY 19, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, P.6.
WHEN A STATE HAS BEEN AUTHORIZED TO OPERATE ITS OWN HAZARDOUS WASTE
MANAGEMENT PROGRAM UNDER RCRA, IT SHOULD USE ITS FULL AUTHORITY UNDER
SECTION 3007 TO INSPECT SUCH A FACILITY IN DEVELOPING RCRA REGULATIONS.
THE EPA SHOULD ASSUME THIS RESPONSIBILITY IN LIEU OF A STATE-AUTHORIZED
HAZARDOUS WASTE PROGRAM.
2. THE EPA SHOULD CAREFULLY REVIEW ALL ALTERNATE DISPOSAL PLANS
SUBMITTED BY ANY FACILITY APPLYING FOR AN NPDES PERMIT, CONCENTRATING ON
WHAT PRECISE METHOD OF DISPOSAL IS BEING USED TO TREAT EFFLUENTS REMOVED
FROM THE WATER DISCHARGE.
3. IN ORDER TO IMPROVE THE INVENTORY OF HAZARDOUS WASTE SITES, THE
SUBCOMMITTEE RECOMMENDS THAT EPA REVIEW ALL NPDES PERMIT APPLICATIONS
AND ALL PERMITTED FACILITIES TO DETERMINE WHAT ALTERNATE FORMS OF
DISPOSAL WILL BE OR ARE BEING UTILIZED TO TREAT THE EFFLUENT DISCHARGES.
SUCH A REVIEW MAY WELL ENLIGHTEN THE AGENCY AS TO WHAT ADDITIONAL
FACILITIES, SUCH AS HOOKER IN MONTAGUE, HAVE DISPOSED OF THESE AFFLUENT
MATERIALS IN AN ENVIRONMENTALLY UNSOUND MANNER ON THE LAND.
CURRENT EFFORTS OF EPA TO ESTABLISH A SYSTEM OF CONSOLIDATED
PERMITTING UNDER THE SAFE DRINKING WATER ACT, THE FEDERAL WATER
POLLUTION CONTROL ACT, THE UNDERGROUND INJECTION CONTROL ACT AND OTHER
FEDERAL STATUTES WILL GREATLY ASSIST IN THE DRIVE TO CHECK SHODDY
ALTERNATE DISPOSAL ACTIVITIES. HOWEVER, THESE CURRENT ACTIVITIES SHOULD
BE SUPPLEMENTED BY THE ABOVE-MENTIONED REVIEW TO UPDATE AN ADMITTEDLY
POOR INVENTORY.
4. THE INADEQUATE INVENTORY PROBLEM IS AGAIN IN THE HANDS OF EPA.
THE SUBCOMMITTEE RECOMMENDS THAT EPA BUILD ON THE OVERSIGHT AND
INVESTIGATIONS SUBCOMMITTEE'S SITE SURVEY. MAJOR TOOLS TO ENHANCE ITS
POOR INVENTORY ARE NOW WITHIN EPA'S GRASP, INCLUDING MANDATORY REGIONAL
REPORTING OF SITE DISCOVERIES, REVIEW OF ALL NPDES FACILITIES AND
FOLLOW-UP TO THE CONGRESSIONAL SITE SURVEY.
GOVERNMENTAL RESPONSE
TOW CASES IN PARTICULAR ILLUSTRATED TO THE SUBCOMMITTEE THAT AT ALL
LEVELS OF GOVERNMENT, PROBLEMS ASSOCIATED WITH HAZARDOUS WASTE AND
CHEMICAL CONTAMINATION HAVE NOT BEEN ADEQUATELY RESPONDED TO. THE CASES
ARE HEMLOCK, MICHIGAN AND JACKSONVILLE, ARKANSAS.
CHAIRMAN LEVIN EXPRESSED THE SUBCOMMITTEE'S CONCERNS RELATIVE TO THIS
PROBLEM THE OPENING DAY OF HEARINGS:
THE ISSUES THE SUBCOMMITTEE WILL EXAMINE ARE ALL COMPLEX AND INCLUDE
THE GOVERNMENTAL RESPONSE TO THE HEALTH PROBLEMS AT HEMLOCK; THE
GOVERNMENT RESPONSE TO THE DIOXIN CONTAMINATION IN JACKSONVILLE,
ARKANSAS.
BUT MORE IMPORTANT STILL IS THE OVERRIDING ISSUE -- PROTECTION OF THE
PUBLIC FROM THE INVIDIOUS EFFECTS OF HAZARDOUS WASTE. WE NEED TO KEEP
AT ALL TIMES THE HUMAN FOCUS IN MIND AS WE CONDUCT THESE HEARINGS . . .
OUR GOAL SHOULD ALWAYS BE TO MAKE GOVERNMENT MORE RESPONSIVE AND
PROTECTIVE OF THE PUBLIC REGARDING . . . (HAZARDOUS) . . . WASTES AND
THEIR ADVERSE HEALTH AND ENVIRONMENTAL EFFECTS. /70/
IN JUNE, 1979, THE SUBCOMMITTEE LEARNED OF A POTENTIAL CHEMICAL
CONTAMINATION PROBLEM IN AND AROUND THE AREA OF HEMLOCK, MICHIGAN.
FURHTER SUBCOMMITTEE INVESTIGATION DISCLOSED SERIOUS HUMAN AND ANIMAL
HEALTH DISORDERS THAT AS YET HAD NOT BEEN RESOLVED BY RESPONSIBLE STATE
AGENCIES.
HEMLOCK, A SMALL TOWN OF 2,000 TO 3,000 RESIDENTS, IS LOCATED IN THE
FREMONT AND RICHLAND TOWNSHIPS, 15 MILES WEST OF SAGINAW, MICHIGAN.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 040 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105337
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/72/ THE HEMLOCK AREA STUDY: AN INVESTIGATION INTO REPORTED HEALTH
PROBLEMS AND POSSIBLE WATER CONTAMINATION. MARCH, 1979. CHEMICALS &
HEALTH CENTER, MICHIGAN DEPARTMENT OF PUBLIC HEALTH, P. 14.
/72/ INVESTIGATION OF GROUNDWATER QUALITY IN THE HEMLOCK AREA OF
SAGINAW COUNTY, MICHIGAN DEPARTMENT OF NATURAL RESOURCES WATER QUALITY
DIVISION, GROUNDWATER COMMPLIANCE AND SPECIAL STUDIES SECTION, APRIL
1979, P. 18.
/73/ TESTIMONY OF CAROL JEAN KRUGER BEFORE THE SUBCOMMITTEE ON
OVERSIGHT OF GOVERNMENT MANAGEMENT, JULY 19, 1979.
/74/ JULY 19, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, PP. 22-23.
/75/ IS HEMLOCK BEING SLOWLY POISED? BROWN, MICHAEL H., NEW YORK
TIMES MAGAZINE, JULY 15, 1979.
AS THE AREA IS HIGHLY INDUSTRIALIZED, SEVERAL POSSIBLE SOURCES OF
CHEMICAL CONTAMINATION ARE SITUATED IN THE VICINITY OF HEMLOCK. AMONG
THEM ARE DOW CHEMICAL AND DOW CORNING LOCATED IN MIDLAND, MICHIGAN 20 TO
25 MILES NORTH OF THE HEMLOCK AREA.
AN ABNORMAL NUMBER OF HEALTH COMPLAINTS BY AREA RESIDENTS RESULTED IN
STUDIES BY THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH (MDPH) AND THE
MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) IN LATE 1978 AND EARLY
1979. THE MDPH STUDY, BASED ON A DOOR-TO-DOOR SURVEY OF HEMLOCK
RESIDENTS, CONCLUDED:
THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH, IN COOPERATION WITH THE
SAGINAW COUNTY HEALTH DEPARTMENT, DISCOVERED A GREATER NUMBER OF HEALTH
CONPLAINTS IN THE (HEMLOCK) AREA THAN IN A COMPARISON TOWNSHIP AREA BUT
HAS BEEN UNABLE TO ESTABLISH A LINK BETWEEN THE COMPLAINTS AND PRIVATE
WELL WATER. /71/
SIMILARLY, THE REPORT BY MDNR CONCLUDED:
THIS STUDY HAS ATTEMPTED TO DETERMINE IF AQUIFERS IN THE HEMLOCK AREA
SHOW EVIDENCE OF ARTIFICAL CHEMCIAL CONTAMINATION. DATA COLLECTED THUS
FAR HAS NOT SHOWN ANY SUCH CONTAMINANT TO BE PRESENT. /72/
FURTHER SUBCOMMITTEE INQUIRY INDICATED THAT THERE WAS SUFFICIENT
ADVERSE EVIDENCE TO PRECLUDE THE "CLOSING OF THE BOOKS" BY THESE TWO
STATE AGENCIES.
CAROL JEAN KRUGER, A LIFETIME RESIDENT OF THE HEMLOCK AREA, BEGAN
OBSERVING PERSONAL HEALTH PROBLEMS AS EARLY AS 1968. AMONG THOSE WERE
SKIN PROBLEMS, DISCOLORATION OF THE EYES AND TEETH, WEAKENING OF TOOTH
ENAMEL, BACKACHES, FATIGUE, NIGHT BLINDNESS AND WEIGHT LOSS. IN
OCTOBER, 1977, AFTER PURCHASING FIVE TOP QUALITY PRODUCING HOLSTEIN
DAIRY COWS ONLY TO WATCH THEM DEVELOP DISABLING AILMENTS AND DIE OFF,
MRS. KRUGER BEGAN TO PIECE TOGETHER A HISTORY OF ANIMAL AS WELL AS HUMAN
HEALTH PROBLEMS THAT DATED BACK TO THE EARLY 1970S. /73/
MRS. KRUGER AND HER NEIGHBOR, KATHRYN JUNGNITSCH, TESTIFIED BEFORE
THE SUBCOMMITTEE ON JULY 19, 1979. THEIR PERSONAL INVESTIGATION INTO
AREA HEALTH PROBLEMS DISCLOSED A GRAPHIC DISPLAY OF WIDE-RANGING
AILMENTS IN LOCAL RESIDENTS; LUPUS, TUMOROUS CYSTS AND LUMPS, ONE CASE
OF A BRAIN TUMOR, BONE DISORDERS, CONVULSIONS, SPASMS, CANCER,
HIGH-BLOOD PRESSURE, HEART ATTACKS, GALL BLADDER, SPLEEN AND LIVER
PROBLEMS, HYSTERECTOMIES, MISCARRIAGES, STILLBIRTHS, BIRTH DEFECTS AND
KIDNEY AND BLADDER DISEASES.
MRS. KRUGER ALSO TESTIFIED IN REGARD TO AILMENTS AMONG HER ANIMALS,
INCLUDING HER HOLSTEIN DAIRY HERD, BELGIAN DRAFT HORSES,
HOGS,-ORNAMENTAL FOWL-AND-PEACOCKS..THESE-AILMENTS INCLUDED WEIGHTS
LOSS, LAMENESS, SWELLING, HAIR LOSS, CONSTANT BOUTS WITH MASTITIS,
RETARDED GROWTH, INABILITY TO DIGEST FEED, STERILITY AND ULTIMATELY,
DEATH. /74/ MILK PRODUCTION DROPPED FROM 25,000 POUNDS A YEAR DOWN TO
NEXT TO NONE BY 1978. IN ONE YEAR MRS. KRUGER LOST A TOTAL OF FORTY
ANIMALS. /75/
IN LATE 1977, CAROL JEAN DRUGER BEGAN HER PERSONAL INVESTIGATION INTO
THE PROBLEM TO DETERMINE ITS CAUSE. SHE WAS LATER JOINED BY KATHRYN
JUNGNITSCH, WHO ALONG WITH HER HUSBAND AND FAMILY, HAD ALSO SUFFERED
MYSTERIOUS HEALTH PROBLEMS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 041 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105338
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/76/ JULY 10, 1979 LETTER FROM DOW CHEMICAL COMPANY TO THE
SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, P. 3.
/77/ ID. PAGE 4.
/78/ TESTIMONY OF CAROL JEAN KRUGER BEFORE THE SUBCOMMITTEE ON
OVERSIGHT OF GOVERNMENT MANAGEMENT, JULY 19, 1979.
IN THEIR SEARCH FOR THE ANSWER, THE TWO WOMEN CONTINUED TO COME UP
WITH THE SAME COMMON DENOMINATOR -- THE WATER. IN FACT, A SWITCH TO
DISTILLED WATER IN SEVERAL AREA RESIDENCES ALLEVIATED MOST, IF NOT ALL,
OF THE ADVERSE SYMPTOMS.
THE PREDOMINANT WATER SUPPLY OF MIDDLE MICHIGAN, INCLUDING THE
HEMLOCK AREA, IS THE GROUNDWATER AQUIFER. THIS VAST WATER SUPPLY IS
TAPPED BY A NUMBER OF PRIVATE AND MUNICIPAL GROUNDWATER WELLS.
MRS. KRUGER AND MRS. JUNGNITSCH, SUSPECTING CHEMCIAL CONTAMINATION,
SEARCHED OUT POSSIBLE SOURCES FOR CHEMICAL WASTES. THEIR ENSUING
EFFORTS DISCLOSED A VAST NETWORK OF BRINE PRODUCTION AND INJECTION WELLS
OWNED AND OPERATED BY DOW CHEMICAL COMPANY AT ITS MIDLAND, MICHIGAN
FACILITIES.
IN THE IMMEDIATE VICINITY OF HEMLOCK, DOW HAS INSTALLED 11 PRODUCTION
AND 5 INJECTION BRINE WELLS. RAW BRINE IS EXTRACTED FROM THE PRODUCTION
WELLS AND FED INTO A GATHERING SYSTEM OF BRINE LINES FOR TRANSPORTATION
TO DOW'S MIDLAND FACILITIES. THE EXTRACTED MATERIAL CONSISTS MAINLY OF
CALCIUM CHLORIDE, -MAGNESIUM CHLORIDE, SODIUM CHLORIDE, POTASSIUM
CHLORIDE, BROMINE, IODINE AND WATER. THROUGH A SERIES OF STEPS,
MATERIALS ARE EXTRACTED FOR DOW'S BROMINE-IODINE PLANT, MAGNESIUM
HYDROXIDE PLANT AND CALCIUM CHLORIDE PLANT. WHEN BROMINE, IODINE,
MAGNESIUM IONS AND CALCIUM IONS ARE EXTRACTED FOR THE THREE PLANTS, A
STREAM OF UNUSED MATERIALS IS SPLIT FROM THE PRODUCTION MATTER AT EACH
STEP. THE UNUSED, "SPENT" MATERIAL IS THAT WHICH IS DIVERTED INTO THE
INJECTION WELL SYSTEM. /76/
THE INJECTION WELL SYSTEM, COMPOSED OF A NETWORK OF BRINE LINES AND
DEEP WELLS, TRANSPORTS THE SPENT MATERIAL FROM THE MDILAND FACILITIES
BACK TO THE ORIGINAL GEOGRAPHIC FORMATIONS. THIS MATERIAL, COMMONLY
KNOWN AS "SPENT BRINE," IS INJECTED TO A DEPTH OF 1,500 TO 3,000 OR MORE
FEET, WHERE IT IS DEPOSITED IN VIRTUALLY NONPOROUS LIMESTONE FORMATIONS.
/77/
IT IS MRS. KRUGER'S BELIEF THAT THE SPENT BRINES ARE CONTAMINATED
WITH HAZARDOUS ORGANIC CHEMICAL WASTES, AND THAT THEY HAVE WORKED THEIR
WAY INTO THE GROUNDWATER AQUIFER -- EITHER BY GRADUAL UPWARD MIGRATION,
UPWARD PRESSURE FROM INJECTION OPERATIONS OR SEEPAGE UPWARD THROUGH OLD
ABANDONED OIL WELLS IN THE AREA. /78/
LARGELY DUE TO MRS. KRUGER'S CONTINUED EFFORTS, DOW CHEMICAL AND MDNR
CONDUCTED VARIOUS CHEMICAL DETECTION TESTS OF HER WELL WATER AND THAT OF
OTHERS NEARBY. THE MDNR INITIAL TESTING EXPANDED AND RESULTED IN A
COMPLETE GROUNDWATER STUDY.
THROUGH SUBCOMMITTEE HEARINGS HELD ON JULY 19, 1979, THE SUBCOMMITTEE
ATTEMPTED TO EVALUATE THE STUDIES PERFORMED BY THE TWO STATE AGENCIES TO
DETERMINE WHETHER THESE AGENCIES HAD ADEQUATELY RESPONDED TO CITIZENS
CONCERNS FOR THEIR HEALTH, SAFETY, AND LOCAL ENVIRONMENT.
THE HEARINGS DISCLOSED THE FOLLOWING POINTS HAD BEEN LEFT UNANSWERED
BY THE MDNR STUDY.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 042 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105339
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/79/ JULY 19, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, PP. 103-106.
/80/ HAZARDOUS AND TOXIC EFFECTS OF INDUSTRIAL CHEMICALS. M. SITTIG,
NOYES DATA CORPORATION, PARKRIDGE, NEW JERSEY, 1979.
/80/ JULY 19, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, PGS. 108-10.
THERE HAD BEEN NO TESTING FOR THE CHEMICAL CONTAMINANT DIOXIN, A
HARMFUL BYPRODUCT OF A WIDE VARIETY OF INDUSTRIAL CHEMICAL PROCESSES.
THERE WERE NO EVALUATIONS OF THE SURFACE PONDS NEXT TO DOW BRINE
WELLS. SUCH EVALUATIONS MIGHT INDICATE A CORRELATION BETWEEN THE SPERT
BRINES AND COMPOUNDS DISCOVERED IN THE LOCAL WELLS.
THERE WAS NO LONG-TERM WELL MONITORING AND SURVEILLANCE PROGRAM
CONDUCTED BY MDNR TO IDENTIFY FLUCTUATIONS IN TRACE LEVELS OF
CONTAMINANTS.
THERE WAS NO COMPLETE STUDY OF GROUNDWATER PATTERNS TO DETERMINE FLOW
AND DIRECTION OF GROUNDWATER.
THERE WAS NO TESTING OF WELL BOTTOM SEDIMENTS TO IDENTIFY
"SETTLED-OUT" CONTAMINANTS. /79/
THE MDNR, HOWEVER, HAD IDENTIFIED TRACE LEVELS OF ORGANIC
CONTAMINANTS IN HEMLOCK WELLS INCLUDING POLYCHLORINATED BIPHENOLS
(PCBS), CARBON TETRACHLORIDE AND PHTHALATES. IN ADDITION, AN
INDEPENDNET ANALYSIS PERFORMED FOR AND AT THE EXPENSE OF LOCAL RESIDENTS
DISCLOSED TRACE LEVELS OF DIETHYL ETHER, 1.1.2-TRICHLOROTRIBLUOROETHANE,
TRICHLOROETHYLENE AND TOLUENE, ALL HARMFUL ORGANIC CONTAMINANTS. IN
FACT, PCBS ARE KNOWN TO CAUSE LIVER DAMAGE IN HUMANS. TRICHLOROETHYLENE
(TCE) AND CARBON TETRACHLORIDE AHVE BEEN SHOWN TO CAUSE CANCER IN
LABORATORY ANIMALS AND HUMAN AILMENTS IMILAR TO SOME OF THOSE EXHIBITED
IN HEMLOCK RESIDENTS. /80/
CHARIMAN LEVIN SUMMED UP THE SITUATION AS FOLLOWS:
SENATOR LEVIN: "THERE ARE SOME FOLKS WHO ARE VERY UNDERSTANDABLY
DISTURBED BY WHAT THEY SEE, BY WHAT THEY FEEL, AND THEN THEY GET REPORTS
THAT SCIENTISTS AT THE HEALTH DEPARTMENT FIND THAT THERE IS A HEALTH
DIFFERENCE BETWEEN THEIR AREA AND ANOTHER AREA. AND THE ONLY WAY
THEY'VE MEASURED IS BY ANALYZING COMPLAINTS.
"YOUR (MDNR) REPORT FINDS SOME INDICATORS OF PROBLEMS, BUT YOU CAN'T
SAY THAT YOU KNOW THE CAUSE OF THE PROBLEM OR THAT YOU FOUND THE CAUSE
OF THE PROBLEM. THEN YOU SAY AT ONE POINT THAT THE BIOASSAY (ORGANIC
ANALYSIS OF WATER) DID NOT GIVE STRONG EVIDENCE THAT A CHEMICAL
CONTAMINANT WAS PRESENT IN THE GROUNDWATER, NOR DID IT COMPLETELY RULE
OUT THE POSSIPILITY. IN OTHER WORDS, IT'S INCONCLUSIVE, THE WAY IT'S
WRITTEN. IN THE SUMMARY, HOWEVER, YOU WRITE THAT SAMPLING OF WATER
SUPPLY WELLS IN THE HEMLOCK AREA HAS NOT DEMONSTRATED ORGANIC CHEMICAL
CONTAMINANTS TO BE PRESENT."
MR. BAILS: (MDNR) "THAT'S ABSOLUTELY RIGHT."
SENATOR LEVIN: YOU DON'T SAY, ". . . NOR IS IT DEMONSTRATED THEY ARE
NOT."
MR. BAILS: "DEMONSTRATES THAT THOSE THAT WERE TESTED FOR AN REPORTED
IN THE REPORT WERE -OT THERE. IT DOESN'T RULE OUT THAT THERE ISN'T ANY
POSSIBILITY . . ."
SENATOR LEVIN: "THEN AREN'T YOU IN ESSENCE SAYING YOU CAN'T FIND THE
CONTAMINATION? ISN'T THAT THE ESSENCE OF YOUR REPORT?"
DR. TANNER: (MDNR) "NOT YET, WE HAVEN'T." /81/
AND YET, IN REFERRING TO AN MDNR LETTER TO EPA AT AN EARLIER POINT IN
THE HEARINGS:
SENATOR LEVIN: "THE DEPARTMENT HAS RANKED VARIOUS ENVIRONMENTAL
EFFORTS IN TERMS OF THEIR PRIORITY FOR CONSIDERATION FOR APPLICATION OF
SECTION 208 FUNDS. IN PAGE 3 OF THE FIRST ATTACHMENT, ABOUT HALFWAY
DOWN THE PAGE, YOU WILL SEE THAT WE'VE UNDERSCORED THE HEMLOCK
GROUNDWATER SAMPLING PROBLEM. THERE'S A ZERO AT THE LEFT AND THE TOP OF
THAT COLUMN TO INDICATE APPARENTLY A ZERO PRIORITY RATING TO THAT
EFFORT. IS THAT ACCURATE, OR IS MY READING OF THIS ACCURATE . . .?"
"IF YOU'LL LOOK AT PAGE ONE OF THAT LETTER, IT SAYS THAT THE STATE OF
MICHIGAN CERTIFIED THAT THOSE ELEMENTS IN THE AREA PROGRAMS RANK HIGHER
THAN ZERO, SO I PRESUME THAT ZERO IS THE LOWEST RANKING ON THAT."
"YOU APPARENTLY GIVE THE HEMLOCK GROUNDWATER SAMPLING PROBLEM A ZERO
PRIORITY. THE BASIC QUESTION IS, AM I READING THAT RIGHT?"
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 043 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105340
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/82/ JULY 19, 1979 SUBCOMMITTEE HEARING TRANSCRIPT, P. 74-75.
EXHIBIT I: JULY 3, 1979 LETTER TO MR. CHARLES H. SUTFIN, DIRECTOR,
WATER DIVISION, EPA, REGION V, FROM RONALD B. WILLSON CHIEF, WATER
QUALITY MANAGEMENT PLANNING SECTION, DEPARTMENT OF NATURAL RESOURCES,
MICHIGAN.
/83/ JULY 26, 1979 LETTER FROM THE EAST CENTRAL MICHIGAN PLANNING AND
DEVELOPMENT REGION TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT
MANAGEMENT.
/84/ JULY 19, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 37.
/85/ SEPTEMBER 4, 1979, LETTER FROM JOHN MCGUIRE, REGION V
ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY TO THE SUBCOMMITTEE ON
OVERSIGHT OF GOVERNMENT MANAGEMENT.
MR. MARKS: (MDNR) "SENATOR, I THINK IT DEPENDS. THIS IS VIEWING
WHAT LOCAL AGENCIES WOULD DO, THE LOCAL 208 AGENCIES, AND SOME OF THEIR
ABILITY TO DO THAT KIND OF WORK. IT DOESN'T NECESSARILY REFLECT THAT
THE PROBLEM HAS NO PRIORITY . . ." /82/
MR. MARKS' ACCOUNT OF THE PRIORITY RATING, HOWEVER, BECOMES
QUESTIONABLE IN LIGHT OF INFORMATION PROVIDED TO THE SUBCOMMITTEE BY THE
LOCAL 208 PLANNING AGENCY, THE EAST CENTRAL MICHIGAN PLANNING AND
DEVELOPMENT REGION (ECMPDR). IN A JULY 26 LETTER TO SUBCOMMITTEE STAFF
FROM JIM SYGO, CHIEF ENVIRONMENTAL PLANNER OF ECMPDR, THE LOCAL AGENCY
VIEW OF THE PRIORITY RATING IS CLEARLY STATED:
THE PRIORITY OF ZERO IS NOT INDICATIVE OF THIS AGENCY'S CAPABILITY TO
COMPLETE THE PROPOSED WORK, AS IT HAS BEEN STATED IN THE HEARING RECORD
AND LOCAL NEWSPAPERS. THE PROJECT WAS PRIORITIZED ZERO FOR ONE OF TWO
REASONS: EITHER THE PROPOSED WORK THAT HAS BEEN OR IS SCHEDULED TO BE
COMPLETED BY STATE PERSONNEL, OR THE PROPOSED WORK WAS CONSIDERED
INCOMPATIBLE WITH THE STATE'S FIVE-YEAR STRATEGY, RANKING PRIORITY
POLLUTANT PROBLEMS FROM A STATE PERSPECTIVE. (EMPHASIS ADDED)
THE PERFORMANCE RECORD AS A 208 PLANNING AGENCY IN THIS STATE AND EPA
REGION V HAS BEEN EXCELLENT, AS CAN BE ATTESTED TO BY BOTH STATE AND EPA
208 PROJECT OFFICERS. /83/
CAROL JEAN KRUGER WROTE A LETTER TO THE ENVIRONMENTAL PROTECTION
AGENCY'S REGION V OFFICE ON DECEMBER 15, 1977, APPEALING TO THE AGENCY
FOR HELP IN IDENTIFYING THE CAUSE(S) OF THE HEALTH PROBLEMS IN HEMLOCK.
SHE NEVER RECEIVED A REPLY TO THAT LETTER. /84/
PRIOR TO THE HEARING OF JULY 19, 1979, THE SUBCOMMITTEE REQUESTED
FROM EPA REGION V AN EVALUATION OF THE HEMLOCK STUDIES PERFORMED BY MDPH
AND MDNR. THE SUBCOMMITTEE RECEIVED THE EVALUATION ALONG WITH PROPOSALS
FOR FURTHER STUDY FROM EPA IN A SEPTEMBER 4, 1979 LETTER FROM EPA. /85/
THE SUBCOMMITTEE CONCURRED WITH THE SUGGESTED PROPOSALS AND ARRANGED FOR
A TOWN MEETING IN HEMLOCK WHEREIN EPA WAS TO INFORM AREA RESIDENTS OF
ITS UPCOMING EFFORTS TO ISOLATE AND ALLEVIATE THE CAUSE(S) OF THE HEALTH
AND ENVIRONMENTAL PROBLEMS.
IN COOPERATION WITH MDNR, MDPH AND THE NATIONAL CENTER FOR DISEASE
CONTORL, EPA LAUNCHED A MAJOR EFFORT TO DETERMINE WHAT IS HAPPENING IN
HEMLOCK, AND WHAT SOLUTIONS ARE AVAILABLE.
CORPORATION
AS EARLY AS 1955, JACKSONVILLE RESIDENTS BEGAN TO NOTICE SYMPTOMS
ATTRIBUTABLE TO WATER POLLUTION IN THE BAYOU METRO AREA. THE ARKANSAS
GAME AND FISH COMMISSION COMPILED A REPORT ON THE PROBLEM AND CIRCULATED
IT TO VARIOUS STATE AND INDUSTRY OFFICIALS, BUT NO FURTHER ACTION WAS
TAKEN. IN 1957, POLLUTION WAS TRACED TO THE EFFLUENT DISCHARGE OF THE
REASOR HILL COMPANY.
THE SUBCOMMITTEE TRACED WHAT IS NOW A TREMENDOUS ENVIRONMENTAL HAZARD
IN JACKSONVILLE BACK IN 1975 AND REASOR HILL'S OPERATIONS. SINCE THAT
TIME, THAT COMPANY'S SITE HAS CHANGED OWNERSHIP THREE TIMES:
(1) FROM REASON HILL TO HERCULES POWER COMPANY
(2) FROM HERCULES TO THE TRANSVAAL CORPORATION;
(3) FROM TRANSVAAL TO THE VERTAC CORPORATION.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 044 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105341
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/86/ JULY 19 SUBCOMMITTEE HEARING TRANSCRIPT, P. 7.
THE LAST THREE COMPANIES WERE ALL MANUFACTURERS OF 2.4.5
TRICHLOROPHENOL (2.4.5-T), THE WIDELY USED HERBICIDE WHICH IS PRIMARY
INGREDIENT OF "AGENT ORANGE," A DEFOLIANT USED IN VIETNAM AND IN SEVERAL
AREAS OF THE UNITED STATES. A KNOWN BY-PRODUCT OF 2.4.5-T IS THE DEADLY
CHEMICAL COMPOUND, TETRACHLORO-DIBENZO-P-DIOXIN (TCDD), WHICH IS
CONSIDERED BY MANY EXPERTS TO BE ONE OF THE DEADLIEST CHEMICALS IN
EXISTENCE. IN 1964 SAMPLES OF AREA WATER WERE TESTED AND EXHIBITED A
LEVEL OF 27.7 PPM (PARTS PER MILLION) OF 2.4.5-T.
THROUGHOUT THE HISTORY OF THE CONTAMINATION PROBLEMS IN THE
JACKSONVILLE AREA, GOVERNMENTAL AGENCIES HAVE TAKEN INADEQUATE STEPS TO
PROTECT LOCAL HEALTH AND THE ENVIRONMENT.
IN LATE 1977, AS A RESULT OF A RECOMMENDATION BY SENATOR MARK
HATFIELD, EPA BEGAN AN IN-DEPTH STUDY INTO THE PRESENCE OF DIOXINS IN
WASTES GENERATED BY HERBICIDE PRODUCTION FACILITIES. THE VERTAC
FACILITY IN JACKSONVILLE WAS INCLUDED IN THAT STUDY AND ULTIMATELY THE
PRESENCE AT HIGH LEVELS OF TCDD DIOXIN IN THE VERTAC WASTES DEMONSTRATED
A NEED FOR EPA TO PERFORM A PRELIMINARY ASSESSMENT OF THE SITE AND TO
BEGIN DEVELOPING CLEAN-UP STRATEGIES. CURRENTLY, CLEANUP OPERATIONS ARE
UNDER WAY DUE TO A STATE ADMINISTRATIVE ORDER JOINTLY DEVELOPED BY EPA
AND ARKANSAS. ENFORCEMENT STRATEGIES FOR RECOVERY OF FUNDS USED FOR
CLEANUP ALSO PRESENTLY ARE BEING CONSIDERED.
THE INABILITY OF THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR)
TO IDENTIFY THE SOURCE OF PROBLEMS IN HEMLOCK IS INDICATIVE OF A LACK OF
GOVERNMENTAL RESPONSE TO AN APPARENT ENVIRONMENTAL HAZARD. LOCAL
RESIDENTS SHOULD NOT HAVE HAD TO INCURE PERSONAL FINANCIAL LIABILITY IN
AN ATTEMPT TO IDENTIFY THE SOURCE OF APPARENT CHEMICAL CONTAMINATION.
2. THE ENVIRONMENTAL PROTECTION AGENCY (EPA) DID NOT SUFFICIENTLY
OVERSEE THE ENVIRONMENTAL PROTECTION EFFORTS OF THE STATE OF MICHIGAN IN
THE HEMLOCK CASE.
3. MDNR, BECAUSE OF ITS ZERO PRIORITY RATING ASSIGNED TO THE HEMLOCK
GROUNDWATER PROBLEM, EFFECTIVELY BLOCKED ANY FURTHER EFFORTS TO SOLVE
THE HEMLOCK MYSTERY. SUCH A RATING WOULD HAVE PRVENTED ANY TYPE OF
FUNDING -- 208 OR OTHER -- TO BE ALLOCATED FOR FURTHER STUDY IN THE
HEMLOCK AREA.
4. CAUSES OF CHEMICAL CONTAMINATION ARE NOT ALWAYS READILY
IDENTIFIABLE, AND THEREFORE REQUIRE THOROUGH AND PERSISTENT ATTENTION.
5. EPA FAILES TO RESPOND TO A PRIVATE CITIZEN'S PLEA FOR HELP IN THE
AREA OF RESPONSIBILITY THAT THE AGENCY WAS CREATED FOR ENVIRONMENTAL
PROTECTION.
AS SENATOR COHEN POINTED OUT DURING THE HEARINGS, WITH REGARD TO THE
GOVERNMENT'S OBLIGATION TO RESPOND:
TODAY, WE HAPPEN TO BE FOCUSING UPON MICHIGAN, BUT I THINK IT'S WITH
THE UNDERSTANDING THAT THE HORROR OF HEMLOCK IS BUT ONE EPISODE IN THE
TRAGEDY OF MAN'S EFFORTS TO HARNESS THE BENEFITS OF NATURE WITHOUT
DESTROYING HIMSELF IN THE PROCESS. AND THE QUESTIONS THAT WE ARE GOING
TO TRY TO ADDRESS, I DON'T BELIEVE REQUIRE AN ESOTERIC KNOWLEDGE OF
TOXICOLOGY. THEY DON'T REQUIRE A DOCTORAL DEGREE IN GEOPHYSIOLOGY OR IN
CHEMICAL ENGINEERING. THEY ARE QUESTIONS FOR EVERY MAN AND WOMAN WHO IS
CAPABLE OF SOUND JUDGMENT. IN SHORT, THEY ARE VERY BASIC QUESTIONS
ABOUT RESPONSIBILITY. /86/
6. THE SUBCOMMITTEE IS VERY CONCERNED THAT SOME GOVERNMENTAL
OFFICIALS WERE GENERALLY AWARE OF PUBLIC CONCERN OVER POLLUTION PROBLEMS
IN THE JACKSONVILLE AREA AND THAT LITTLE REMEDIAL ACTION WAS TAKEN UNTIL
1979.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 045 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105342
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
A VARIETY OF PRESS ACCOUNTS IN THE STATE INDICATE THAT GENERAL PUBLIC
CONCERN WAS EXPRESSED ABOUT THIS POLLUTION AS EARLY AS 1955. NOT UNTIL
SENATOR HATFIELD URGED EPA TO LOOK INTO A GENERIC HERBICIDE PRODUCTION
PROBLEM WAS ANY SUBSTANTIAL ACTION TAKEN. HAD VERTAC AND ITS
PREDECESSORS NOT BEEN IN THE HERBICIDE BUSINESS, ACTION MAY STILL HAVE
NOT BEEN TAKEN TO ELIMINATE THE POLLUTION PROBLEM.
7. THE SUBCOMMITTEE FINDS THAT THE TWO-YEAR LAG BETWEEN SEN.
HATFIELD'S RECOMMENDATION AND CLEANUP EFFORTS AT VERTAC IS AN INORDINATE
AMOUNT OF TIME FOR AN AGENCY RESPONSE.
1. EPA REGIONAL AND HEADQUARTERS OFFICES SHOULD IMMEDIATELY
INSTITUTE A POLICY OF PROVIDING A PROMPT WRITTEN RESPONSE TO ANY
INDIVIDUAL OR GROUP THAT IS CONCERNED OVER ANY SUSPECTED ENVIRONMENTAL
PROBLEM. SUCH A RESPONSE SHOULD INCLUDE A STATEMENT OF WHETHER THE
AGENCY HAS SUFFICIENT JURISDICTION AND FUNDING TO TAKE ACTION ON THE
PROBLEM, A DESCRIPTION OF ANY ACTION TAKEN OR PLANNED BY EPA OR A STATE
OR LOCAL ENTITY WITH REGARD TO THE PROBLEM, AND A REQUEST FOR ADDITIONAL
INFORMATION IF APPROPRIATE. EPA SHOULD THEN TAKE ACTION ON THE PROBLEM
OR REFER IT TO THE STATE SO THAT APPROPRIATE STEPS AMY BE TAKEN.
2. EPA SHOULD ALWAYS COMMUNICATE WITH LOCAL RESIDENTS, EITHER BY
LETTER OR THROUGH PUBLIC MEETINGS, ON ANY ACTIONS THE AGENCY PLANS TO
TAKE IN ENVIRONMENTAL PROTECTION WHICH WILL IN ANY WAY EFFECT THE
PARTICULAR LOCAL COMMUNITY.
3. AS WAS ULTIMATELY THE CASE IN THE HEMLOCK SITUATION, THE EPA
SHOULD ROUTINELY COMMUNICATE AND COOPERATE WITH THE APPROPRIATE STATE
AND FEDERAL AGENCIES, ICNLUDING THE NATIONAL CENTER FOR DISEASE CONTROL,
WHEN APPROPRIATE, WHEN RESPONDING TO A PUBLIC AND ENVIRONMENTAL
PROTECTION CONCERN.
4. STATE AGENCIES, SUCH AS MDNR, SHOULD AVOID RANKING CASES ON A
PRIORITY BASIS WHEN SUCH RANKING COULD BE SO MISCONSTRUCED AS TO BLOCK
ANY FURTHER FUNDING AVENUES FOR HANDLING SUCH CASES.
5. STATE OFFICIALS SHOULD ROUTINELY NOTIFY EPA REGIONAL OFFICES OF
SUSPECTED HAZARDOUS WASTE SITE PROBLEMS. EPA SHOULD EXERCISE ITS
RESPONSIBILITY UNDER RCRA TO OVERSEE STATE ACTION FOR A DETERMINATION OF
ITS ADEQUACY. WHERE APPROPRIATE, EPA AND THE STATE SHOULD JOINTLY
DEVELOP STRATEGIES TO MITIGATE THE HAZARD, AND IF THE STATE SHOWS
RELUCTANCE TO TAKE ACTION, EPA SHOULD ASSUME THE RESPONSIBILITY (AS IS
ENVISIONED IN THE LEGISLATIVE HISTORY OF RCRA).
NOTING CONGRESS' DESIRE TO IMPLEMENT RCRA PRIMARILY THROUGH
AUTHORIZED STATE PROGRAMS, THE SUBCOMMITTEE SOUGHT INFROMATION TO
ASCERTAIN WHAT LEVEL OF COOPERATION EXISTS BETWEEN EPA AND THE STATES,
AND TO WHAT EXTENT EPA WAS PROVIDING TECHNICAL AND FINANCIAL ASSISTANCE
TO STATES FOR THE DEVELOPMENT OF STATE HAZARDOOUS WASTE MANAGEMENT
PROGRAMS. A PARTICULAR CONCERN IS THE LEVEL OF ASSISTANCE PROVIDED TO
STATES FOR ENFORCEMENT ACTION IN HAZARDOUS WASTE SITUATIONS PRIOR TO THE
PROMULGATION OF SUBTITLE C REGULATIONS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 046 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105343
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/87/ JULY 11, 1979 LETTER FROM EUGENE F. MOONEY, SECRETARY KENTUCKY
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION, TO THE
SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/88/ JULY 27, 1979 LETTER FROM TERRY HOFFMAN, EXECUTIVE DIRECTOR,
MINNESOTA POLLUTION CONTROL AGENCY TO THE SUBCOMMITTEE ON OVERSIGHT OF
GOVERNMENT MANAGEMENT.
/89/ SEPTEMBER 27, 1979 LETTER FROM HOWARD A TANNER, DIRECTOR,
MICHIGAN DEPARTMENT OF NATURAL RESOURCES, TO THE SUBCOMMITTEE ON
OVERSIGHT OF GOVERNMENT MANAGEMENT.
WITH RESPECT TO STATE-FEDERAL EFFORTS TO REMEDY THE ENVIRONMENTAL
DISASTER CAUSED BY THE "VALLEY OF THE DRUMS" NEAR LOUISVILLE, EUGENE
MOONEY, SECRETARY OF THE KENTUCKY DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION, INFORMED THE SUBCOMMITTEE THAT:
THE STATE WAS NOT GIVEN SUFFICIENT NOTIFICATION PRIOR TO THE OUTSITE
APPEARANCE OF THE EPA (REGION IV) TEAM, NOR WAS THE STATE CONSULTED AS
TO THE EXTENT, AND DESIGN OF THE CLEAN-UP EFFORT. IT IS THE STATE'S
OPINION THAT A MORE COST-EFFECTIVE CLEAN-UP COULD HAVE BEEN ACHIEVED
WITH GREATER COOPERATIVE PLANNING. SOME OF THE MEASURES MAY HAVE BEEN
UNNECESSARY IN RETROSPECT. /87/
SIMILARLY, THE MINNESOTA POLLUTION CONTROL AGENCY ADVISED THE
SUBCOMMITTEE THAT:
THE EPA AND THE STATE HAVE CONFLICTING HAZARDOUS WASTE PRIORITIES.
WE BOTH SHARE THE GOAL OF ESTABLISHING A PROGRAM TO IDENTIFY HAZARDOUS
WASTES AND MONITOR THEIR MANAGEMENT FROM "CRADLE-TO-GRAVE". THIS NEEDS
TO BE A NUMBER ONE PRIORITY WITH BOTH STATE AND FEDERAL AGENCIES.
HOWEVER, TI TAKES TIME TO DEVELOP A SUFFICIENTLY STAFFED AND EXPERIENCED
PROGRAM. THE TENDENCY TO PROCEED ON AS MANY OTHER FRONTS AS POSSIBLE,
AND THE CONFLICT COMES WITH RESPECT TO THE PRIORITY GIVEN TO NEW SITE
DEVELOPMENT GOALS AND ABANDONED SITE CLEANUP BOALS. IN MINNESOTA, OUR
BIGGEST CONSTRAINT TO SUCCESSFUL RCRA IMPLEMENTATION IS INADEQUATE
HAZARDOUS WASTE MANAGEMENT CAPACITY. THE DEVELOPMENT OF NEW FACILITIES
IS A HIGH PRIORITY ISSUE. THE EPA DECIDED IN 1973 THAT SITING OF NEW
FACILITIES WAS PRIMARILY AND APPROPRIATELY A STATE OBJECTIVE AND
ABANDONED ITS STUDY OF REGIONAL FEDERAL SITES. EVEN SO, EPA HAZARDOUS
WASTE PROGRAM GOALS SHOULD ENCOURAGE STATE INITIATIVES TO PLAN FOR AND
SITE NEW FACILITIES. HOWEVER, WE FEAR THAT THE EPA EMPHASIS ON
ABANDONED SITES COULD, WHEN COUPLED WITH THEIR INCREASED CONTROL OVER
THE STATE PROGRAM, FRUSTRATE STATE SITING GOALS . . . THE EMOTIONS
INDUCED ARE COUNTER-PRODUCTIVE TO THE NATIONAL PROCESS OF IDENTIFYING
HAZARDOUS WASTE MANAGEMENT NEEDS AND CONDUCTING RISK BENEFIT ANALYSES.
IN ADDITION, UNLESS THE PRIMACY OF THE FACILITY SITING EFFORTS IS
RECOGNIZED, THE EMPHASIS ON PERMIT PROGRAM DEVELOPMENT WOULD TEND TO
SHIFT TO THE VERY VISIBLE CLOSING OF FACILITIES AND REMEDIAL ACTION FOR
ABANDONED SITES.
IF THE EPA IS TO ENCOURAGE STATE INITIATIVES IN DEALING WITH STATE
HAZARDOUS WASTE PRIORITIES, THEN THEY MUST BE FLEXIBLE IN ADMINISTERING
THE RCRA PROGRAM. /88/
IT APPEARS, HOWEVER, THAT IN MANY AREAS COOPERATION BETWEEN STATE
AGENCIES AND EPA REGIONAL OFFICES RECENTLY HAS INCREASED SIGNIFICANTLY.
FOR EXAMPLE, MICHIGAN DEPARTMENT OF NATURAL RESOURCES DIRECTOR HOWARD
TANNER INFORMED THE SUBCOMMITTEE THAT WITH RESPECT TO EPA REGION V:
UNFORTUNATELY, THE EPA AND MY AGENCY HAVE HAD SIGNIFICANT DIFFERENCES
IN ENFORCEMENT PRIORITIES IN THE PAST . . . NEW LEADERSHIP IN THE REGION
AND A NEW EPA EMPHASIS UNDER RCRA AND TOSCA (TOXIC SUBSTANCES CONTROL
ACT) HAVE CHANGED THIS PAST PROBLEM. WE HAVE HAD SEVERAL MEETINGS WITH
THE EPA IN RECENT MONTHS TO ESTABLISH JOINT PRIORITIES, AND COOPERATIVE
EFFORTS ARE PROCEEDING IN A NUMBER OF AREA. /89/
DURING THE SUBCOMMITTEE'S INQUIRY A NUMBER OF STATE ATTORNEYS BENERAL
WERE PROBED ON THE NEED FOR FINANCIAL ASSISTANCE FOR STATE ENFORCEMENT
ACTIONS IN HAZARDOUS WASTE CASES. CLEARLY, THE EFFECTIVENESS OF STATE
ENFORCEMENT EFFORTS IS DEPENDENT UPON RESOURCES PROVIDED FOR CASE
DEVELOPMENT.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 047 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105344
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/90/ JUNE 19, 1979 LETTER FROM ELDON G. KAUL, ASSISTANT ATTORNEY
GENERAL, STATE OF MINNESOTA, OFFICE OF THE ATTORNEY GENERAL TO THE
SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/91/ JUNE 28, 1979 LETTER FROM PAUL N. MEANS, ASSISTANT ATTORNEY
GENERAL, STATE AGENCIES DIVISION, STATE OF ARKANSAS, OFFICE OF THE
ATTORNEY GENERAL, TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT
MANAGEMENT.
/92/ JUNE 13, 1979 LETTER FROM C. RAYMOND MARVIN, COUNSEL, NATIONAL
ASSOCIATION OF ATTORNEYS GENERAL TO THE SUBCOMMITTEE ON OVERSIGHT OF
GOVERNMENT MANAGEMENT.
A SAMPLING OF ATTORNEY GENERAL RESPONSES DEMONSTRATES THE NEED FOR
ADDITONAL FINANCIAL SUPPORT TO SUCH OFFICES FOR ENFORCEMENT ACTIONS:
IF DIRECT FEDERAL FINANCIAL ASSISTANCE TO STATE ATTORNEYS' GENERAL
OFFICES IS GRANTED ONLY TO PROVIDE ADDITONAL LEGAL EXPERTISE THEN SUCH
FUNDING WOULD NOT BE EFFECTIVE. WHAT IS NEEDED IS ADDITIONAL FUNDING TO
PERFORM TECHNICAL ASSESSMENTS (E.G., HYDROGEOLOGIC STUDIES AND AIR
MONITORING) OF HAZARDOUS WASTE SITES COUPLED WITH DIRECT FUNDING OF
STATE ATTORNEYS' GENERAL OFFICES. THESE TECHNICAL ASSESSMENTS COULD BE
CARRIED OUT DIRECTLY BY THE EPA, STATE ENVIRONMENTAL AGENCIES, OR
THROUGH CONTRACTS WITH PRIVATE CONSULTING FIRMS. IN MY OPINION, STATE
ATTORNEYS' GENERAL OFFICES SHOULD PLAY A MAJOR ROLE IN COORDINATING
THESE TECHNICAL ASSESSMENTS TO ENSURE THE ENFORCEABILITY OF ANY REQUIRED
LEGAL ACTION. /90/
OUR OFFICE HAS BEEN HAMPERED BY A SHORTAGE OF MANPOWER AND RESOURCES
TO DEVOTE TO HAZARDOUS WASTE ENFORCEMENT. THERE IS LITTLE STATE MONEY
AVAILABLE AT THE PRESENT TIME TO EMPLOY ADDITIONAL STAFF TO DEAL WITH
HAZARDOUS WASTE AND TO COVER THE COST OF ENFORCEMENT. FEDERAL FINANCIAL
ASSISTANCE TO EMPLOY STAFF AND TO AID IN COVERING THE COST OF
INVESTIGATION, PREPARATION AND ENFORCEMENT WILL BE CRITICAL TO A RAPID
EXPANSION OF THE ENVORCEMENT EFFORTS BY THE ATTORNEY GENERAL. /91/
SIMILAR SENTIMENTS WERE EXPRESSED TO THE SUBCOMMITTEE BY A NUMBER OF
ATTORNEYS' GENERAL OFFICES, STATE ENVIRONMENTAL PROTECTION AGENCIES, AND
THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL (NAAG). THE NAAG
ELABORATED ON THE NEED AND POSSIBLE MECHANISMS FOR SUCH SUPPORT AS
FOLLOWS:
THE COSTS OF ENVIRONMENTAL LITIGATION ARE STEADILY GROWING IN
RESPONSE TO THE GROWTH OF NUMEROUS FEDERAL ENVIRONMENTAL PROGRAMS,
REGULATIONS AND LEGISLATION. CLEAN AIR AND WATER, HAZARDOUS WASTE
DISPOSAL AND MANAGEMENT, OPEN DUMP MATTERS AND SO ON REQUIRE AN ARSENAL
OF LEGAL AND SCIENTIFIC TALEN WHICH IMPOSES CONSIDERABLE STRAIN ON
ALREADY STRETCHED STATE BUDGETS.
IT WOULD BE VERY HELPFUL IF THE CONGRESS RECOGNIZED THIS PROBLEM AND
SOUGHT SOME SOLUTION WHICH WOULD HELP TO DEFRAY THE STATES' COSTS OF
ENVIRONMENTAL LITIGATION. ALLOCATION OF FUNDS DIRECTLY TO THE ATTORNEYS
GENERAL IS IMPORTANT. THE ENVIRONMENTAL PROTECTION AGENCY RECENTLY
AMENDED 40 CFR 35.1016(B) TO PROVIDE THAT THE DESIGNATED GRANT RECEIPT
AGENCY IN EACH STATE COULD REPROGRAM MONEY CURRENTLY AVAILABLE WITH THE
APPROVAL OF THE REGIONAL ADMINISTRATOR. THIS AMENDMENT FAILS TO ASSURE
THAT MONIES AVAILABLE FOR THIS REALLOCATION WILL IN FACT BE MADE
AVAILABLE TO THE ATTORNEYS GENERAL TO SUPPORT ACTUAL ENFORCEMENT.
SOME FINANCIAL ASSISTANCE TO STATE ATTORNEYS GENERAL FOR ENFORCEMENT
OF ENVIRONMENTAL LAWS WILL PRODUCE WIDESPREAD BENEFITS TO ALL CITIZENS,
WHETHER THIS ASSISTANCE OCCURS THROUGH A SEPARATE AUTHORIZATION AND
APPROPRIATIONS BILL FOR ENVIRONMENTAL LITIGATION SUPPORT TO STATE
ATTORNEYS GENERAL OR WHETHER EXISTING FUNDS ARE REPROGRAMMED DIRECTLY TO
ATTORNEYS GENERAL. /92/
1. AS THE CONTROL OF HAZARDOUS WASTES IS A RELATIVELY NEW CONCEPT,
THE SUBCOMMITTEE RECOGNIZES THE OCCURRENCE OF STAFFING AND MANAGEMENT
DEFICIENCIES IN PROVIDING TECHNICAL ASSISTANCE TO STATES. HOWEVER, MDNR
AND EPA REGION V HAVE SHOWN THAT FEDERAL AND STATE AGENCIES CAN OVERCOME
SUCH DEFICIENCIES THROUGH INCREASING COOPERATION AND JOINTLY DEVELOPING
HAZARDOUS WASTE MANAGEMENT PRIORITIES.
2. EPA REGION V HAS OPENED THE DOOR TO AGGRESSIVE FEDERAL ACTION IN
ASSISTANCE TO THE STATES, AS SHOWN BY ITS EFFORTS TO COOPERATE WITH THE
STATE OF MICHIGAN.
3. THE SUBCOMMITTEE FINDS THAT STATE ATTORNEYS' GENERAL OFFICES ARE
IN NEED OF FINANCIAL AND TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF
ENFORCEMENT ACTIONS IN HAZARDOUS WASTE CASES.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 048 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105345
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
FURTHER, SUCH ASSISTANCE CAN BE PROVIDED THROUGH EXISTING AGENCIES
AND AUTHORITIES, OR THROUGH SEPARATE APPROPRIATIONS BY CONGRESS.
1. EPA HEADQUARTERS AND THE OTHER NINE REGIONS SHOULD FOLLOW THE
LEAD OF REGION V IN INCREASING COOPERATION WITH AND ASSISTANCE TO THE
STATES. FURTHER, THE AGENCY SHOULD BE FLEXIBLE IN ADMINISTERING RCRA TO
INSURE MAXIMUM STATE IMPLEMENTATION, AS ENVISIONED BY CONGRESS UPON
PASSAGE OF RCRA.
2. UPON REQUEST BY A STATE ENVIRONMENTAL PROTECTION AGENCY THAT RCRA
SECTION 3011 FUNDING OR OTHER EXISTING FUNDS BE REPROGRAMMED AND
CHANNELED INTO STATE ATTORNEYS' GENERAL OFFICES FOR ENFORCEMENT ACTION.
EPA REGIONAL ADMINISTRATORS SHOULD APPROVE SUCH REPROGRAMMING OF FUNDS.
IF IT BECOMES APPARENT THAT SUCH FUNDING CONTINUES TO BE INSUFFICIENT
FOR ENFORCEMENT ACTION IN HAZARDOUS WASTE CASES, CONGRESS SHOULD ENACT
LEGISLATION TO AUTHORIZE ADDITIONAL APPROPRIATIONS FOR SUCH ASSISTANCE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 049 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105346
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/93/ RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, THE REPORT OF
THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, U.S. HOUSE OF
REPRESENTATIVES ON H.R. 14496, REPORT NO 94-1491, P. 12.
WHEN THE ENVIRONMENTAL PROTECTION AGENCY WAS CREATED IN 1970, THE
AGENCY WAS CHARGED WITH PROTECTING THE PUBLIC AND THE ENVIRONMENTAL FROM
POLLUTION TRANSMITTED THROUGH THREE DISTINCT MEDIA; AIR, WATER, AND
LAND. AS THE THREAT TO PUBLIC HEALTH AND THE ENVIRONMENT WAS PERCEIVED
AS EMANATING MOSTLY FROM AIR AND WATER POLLUTION, THE EPA WAS ORGANIZED
ACCORDINGLY. THUS, THE PRIMARY RESPONSIBILITY FOR REGULATION OF AIR
POLLUTION FELL UNDER THE OFFICE OF AIR, NOISE, AND RADIATION, AND
REGULATION OF WATER POLLUTION CAME UNDER THE OFFICE OF WATER AND WASTE
MANAGEMENT. POLUTION DERIVED OF THE OTHER MEDIUM, LAND, WAS NOT GIVEN
GREAT EMPHASIS AS ITS POTENTIAL THREAT WAS NOT REALIZED, AND REGULATORY
RESPONSIBILITIES FOR LAND POLLUTION WERE ORGANIZED UNDER THE OFFICE OF
WATER AND WASTE MANAGEMENT IN THE OFFICE OF SOLID WASTE.
THE OFFICE OF WATER AND WASTE MANAGEMENT AND THE OFFICE OF AIR, NOISE
AND RADIATION WERE, AND STILL ARE, HEADED BY ASSISTANT ADMINISTRATORS
WHO ARE DIRECTLY RESPONSIBLE TO THE DEPUTY ADMINISTRATOR AND THE
ADMINISTRATOR. THE OFFICE OF SOLID WASTE, ON THE OTHER HAND, IS
DIRECTED BY A DEPUTY ASSISTANT ADMINISTRATOR WHO REPORTS TO THE
ASSISTANT ADMINISTRATOR FOR WATER AND WASTE MANAGEMENT. AS THE OFFICE
OF SOLID WASTE HAS DIRECT RESPONSIBILITY FOR THE IMPLEMENTATION OF RCRA,
IT APPEARS THAT THE HAZARDOUS AND SOLID WASTE PROGRAMS OF EPA ARE ON AN
UNEQUAL FOOTING WITH EPA'S OTHER ENVIRONMENTAL PROTECTION PROGRAMS.
NOTE THAT THE LEGISLATIVE HISTORY OF RCRA ENVISIONS AN OFFICE OF
"DISCARDED MATERIALS" (SOLID WASTE) WITHIN EPA HEADED BY AN ASSISTANT
ADMINISTRATOR:
AT THE PRESENT TIME THERE ARE OFFICES WITHIN ENVIRONMENTAL PROTECTION
AGENCY FOR WATER AND AIR. THERE IS, HOWEVER, NO OFFICE FOR LAND
MANAGEMENT. THIS TITLE CREATES SUCH AN OFFICE WITHIN THE EPA TO BE
DESIGNATED AS THE OFFICE OF DISCARDED MATERIALS, AND HEADED BY AN
ASSISTANT ADMINISTRATOR. THIS STATUTORY ESTABLISHMENT WOULD GIVE
MANAGEMENT PARITY WITH THE AIR AND WATER OFFICES. IN ADDITION TO GIVING
AND POLLUTION PARITY, THE ESTABLISHING LANGUAGE ALSO SETS OUT THE DUTIES
AND RESPONSIBILITIES TO BE UNDERTAKEN BY THE OFFICE.
UNDER THIS BILL IT WOULD BE MUCH MORE DIFFICULT TO CUT THE PERSONNEL
OR BUDGET OF THE OFFICE OR TO SACRIFICE THE WASTE MANAGEMENT FUNCTIONS
FOR THE SAKE OF AIR OR WATER PROGRAMS SINCE ALL THREE OFFICES WOULD
ENJOY SIMILAR STATUTORY AUTHORIZATION. (EMPHASIS ADDED).
THE LANGUAGE OF RCRA AS ENACTED, HOWEVER, DID NOT REFLECT THIS IDEA
FOR ORGANIZATIONAL PARITY, AS IT CREATED AN OFFICE OF SOLID WASTE TO BE
HEADED BY A DEPUTY ASSISTANT ADMINISTRATOR. /93
THE SUBCOMMITTEE IS CONCERNED WITH THE IMPLICATIONS OF EPA'S CURRENT
ORGANIZATION.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 050 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105347
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/94/ SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT HEARING
TRANSCRIPT, P. 169.
/95/ NOVEMBER 20, 1979, LETTER FROM THE ENVIRONMENTAL PROTECTION
AGENCY TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/96/ JUNE 22, 1979, LETTER FROM THE ENVIRONMENTAL PROTECTION AGENCY
TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/97/ AUGUST 1, 1979, SUBCOMMITTEE HEARING TRANSCRIPT, P. 185.
IT IS CLEAR THAT AS THE MAGNITUDE OF THE HAZARDOUS WASTE PROBLEM IS
PERCEIVED AS HAVING INCREASED TREMENDOUSLY IN RECENT YEARS, EPA MUST BE
RESPONSIVE ORGANIZATIONALLY TO THIS INCREASE. AS CHAIRMAN LEVIN STATED
IN HIS OPENING STATEMENT DURING THE AUGUST 1 HEARING:
THE FACT THAT BOTH WATER AND WASTE PROGRAMS ARE ADMINISTERED BY A
SINGLE ADMINISTRATOR SUGGESTS TO MANY THE NEED FOR A MORE INDEPENDENT
ORGANIZATIONAL STRUCTURE FOR WASTE MANAGEMENT, POSSIBLY HEADED BY AN
ASSISTANT ADMINISTRATOR, TO ENSURE INCREASED BUDGET AND ORGANIZATIONAL
PRIORITY FOR THE SOLID AND HAZARDOUS WASTE PROGRAMS. /94/
EPA'S CURRENT OFFICIAL POSITION ON THE CREATION OF AN OFFICE OF
ASSISTANT ADMINISTRATOR FOR SOLID WASTE IS:
EPA, AND PARTICULARLY THE DEPUTY ADMINISTRATOR'S OFFICE, HAS STUDIED
THE PROPOSAL FOR A SEPARATE ASSISTANT ADMINISTRATOR FOR SOLID WASTE OVER
A LONG PERIOD OF TIME. EPA FEELS THAT AT PRESENT SUCH A COURSE WOULD
NOT BE CONSISTENT WITH THE POLICY OF INTEGRATING VARIOUS PARTS OF THE
AGENCY THROUGH CONSOLIDATED PERMITTING, CONSOLIDATED GRANTS, AND
REGULATORY REFORM POLICY. THE DEPUTY ADMINISTRATOR'S OFFICE IS
OVERSEEING AND COORDINATING A BALANCED APPROACH BETWEEN WASTE MANAGEMENT
ON LAND AND ON WATER. IF, AFTER EVALUATION OF ANY CONFLICTS OVER THE
NEXT YEAR, THE DEPUTY ADMINISTRATOR'S OFFICE CONCLUDES A SEPARATE OFFICE
FOR SOLID WASTE WOULD BE ADVISABLE, SUCH A RECOMMENDATION WILL BE MADE
TO THE ADMINISTRATOR. /95/
THE AGENCY ALSO ADVISED THE SUBCOMMITTEE THAT:
WE ARE FINDING THAT ATTACKING PROBLEMS ON A MEDIA BASIS CAN AND DOES
TRANSFER THE PROBLEM, IN PART, TO ANOTHER MEDIA. /96/
CHARIMAN LEVIN ASKED MR. EARLY OF THE SIERRA CLUB WHAT HE THOUGHT OF
EPA'S "MEDIA TRANSFER" THEORY:
THE EPA . . . HAS INFORMED THE SUBCOMMITTEE THAT IT IS OPPOSED TO AN
ASSISTANT ADMINISTRATOR POSITION BECAUSE, "ATTACHKING PROBLEMS ON A
MEDIA BASIS CAN AND DOES TRANSFER THE PROBLEM IN FACT TO ANOTHER MEDIA."
MY QUESTION IS THIS: ISN'T THAT EXACTLY WHAT'S HAPPENING NOW? THAT
WATER POLLUTION CONTROL HAS HELPED TO CREATE LAND POLLUTION AND WILL
CONTINUE TO DOMINATE UNLESS THE TWO MEDIA, LAND AND WATER, ARE PUT ON AN
EQUAL FOOTING?
MR. EARLY. "I THINK THAT'S PROBABLY TRUE." /97/
IN OTHER WORDS, EFFORTS TO CLEAN UP WATER AND AIR POLLUTION HAVE
DIRECTLY PROMOTED THE USE OF UNSOUND LAND DISPOSAL PRACTICES, RESULTING
IN AN INCREASE IN THE OCCURRENCE OF LAND POLLUTION.
IT APPEARS THAT EPA WOULD BE WILLING TO ACCEPT A REORGANIZATION IF IT
IS DEMONSTRATED THAT THE CREATION OF AN OFFICE OF ASSISTANT
ADMINISTRATOR FOR SOLID WASTE IS JUSTIFIED.
BUDGETARY AND PROGRAM EFFECTIVENESS CONSIDERATIONS PROMPTED A NUMBER
OF GROUPS AND INDIVIDUALS TO INFORM THE SUBCOMMITTEE OF THEIR VIEWS IN
SUPPORT OF THE CREATION OF AN OFFICE OF ASSISTANT ADMINISTRATOR FOR
SOLID WASTE. SUPPORT FOR A REORGANIZATION WAS UNANIMOUS AMONG THESE
GROUPS AND IDIVIDUALS, AND AMONG WITNESSES WHO TESTIFIED BEFORE THE
SUBCOMMITTEE OTHER THAN THE EPA DEPUTY ADMINISTRATOR AND TWO ASSISTANT
ADMINISTRATORS.
THERE ARE SEVERAL REASONS JUSTIFYING THE NEED FOR THE CREATION OF AN
OFFICE OF ASSISTANT ADMINISTRATOR FOR SOLID WASTE WITHIN EPA.
FIRST, THERE IS A BUILT-IN CONFLICT OF INTEREST IN THE OFFICE OF
WATER AND WASTE MANAGEMENT WITH RESPECT TO THE OBLIGATIONS OF THE
ASSISTANT ADMINISTRATOR.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 051 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105348
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/98/ PRESS CONFERENCE BY DOUGLAS M. COSTLE, ADMINISTRATOR,
ENVIRONMENTAL PROTECTION AGENCY, TUESDAY, FEBRUARY 26, 1980.
/99/ JULY 24, 1979, LETTER FROM RICHARD D. LAMM, CHAIRMAN, NATURAL
RESOURCES AND ENVIRONMENTAL MANAGEMENT COMMITTEE AND BILL CLINTON,
CHAIRMAN, SUBCOMMITTEE ON ENVIRONMENTAL MANAGEMENT, NATIONAL GOVERNORS
ASSOCIATION, TO THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT.
/99A/ ADDITIONAL SUPPORT FOR CREATION OF SUCH AN OFFICE APPEARS IN
APPENDIX II IN A LETTER FROM THE CALIFORNIA STATE SOLID WASTE MANAGEMENT
BOARD.
HE IS RESPONSIBLE FOR IMPLEMENTATION OF BOTH EPA'S WATER PROGRAMS
(INCLUDING THE MULTI-BILLION DOLLAR CONSTRUCTION GRANTS/WASTEWATER
TREATMENT PROGRAM) AND EPA'S SOLID WASTE PROGRAM UNDER RCRA. THE
CONFLICT ARISES BECAUSE THERE ARE LIMITED RESOURCES FOR BOTH PROGRAM
AREAS, AND THE POLITICAL ADVANTAGES OF IMPLEMENTING MASSIVE WATER
PROGRAMS MAKE IT DIFFICULT TO FIGHT FOR RESOURCES FOR RCRA
IMPLEMENTATION. IF THE ASSISTANT ADMINISTRATOR REQUESTS ADDITIONAL
RESOURCES TO IMPLEMENT RCRA, IT IS LIKELY THAT HE WILL BE FORCED TO MAKE
A CUT IN THE WATER PROGRAMS.
SECOND, THE WATER PROGRAM IS WELL ESTABLISHED WITHIN THE EPA
HIERARCHY, AND PROGRAM LEVEL STAFF SEEM TO BE MORE INFLUENTIAL IN
LETTING PROGRAM NEEDS BE KNOWN THAN THE LESS EXPERIENCED RCRA PROGRAM
STAFF.
THIRD, AS THE SOLID WASTE PROGRAM IS A NEW PROGRAM WITHIN EPA, AND AS
ADMINISTRATOR DOUGLAS COSTLE RECENTLY HAS POINTED OUT, . . . "IT WILL
HAVE TO GROW ESSENTIALLY TO (THE) SIZE THAT WE NEED (TO) ALLOW US TO
HANDLE THE PROBLEMS." THE NEED FOR AN ASSISTANT ADMINISTRATOR TO FIGHT
FOR RESOURCES DURING PROGRAM DEVELOPMENT IS CRUCIAL. /98/
FINALLY, CONTINUED PROGRAM AND RESOURCE EMPHASIS ON AIR AND WATER
PROGRAMS RATHER THAN ON SOLID WASTE PROGRAMS WILL RESULT IN CONTINUED
DEGRADATION OF THE LAND FROM ENVIRONMENTAL POLLUTION.
AS THE NATIONAL GOVERNORS ASSOCIATION POINTED OUT:
THE FINANCIAL AND STAFFING RESOURCES AVAILABLE TO THE OFFICE OF SOLID
WASTE HAVE NOT BEEN COMPARABLE TO THAT ACCORDED DEVELOPMENT OF THE CLEAN
WATER ACT, THE CLEAN AIR ACT, AND THE TOXIC SUBSTANCES CONTROL ACT. YET
THE RCRA EFFORT MUST ENCOMPASS THE MANAGEMENT OF THE RESIDUALS OF ALL
THESE PROGRAMS. MOREOVER THE AGENCY'S UTILIZATION OF THOSE RESOURCES
HAS EMPHASIZED ENFORCEMENT AND ATTENDANT LEGAL ACTIVITIES WITHOUT
COMPARABLE EMPHASIS AND CONSIDERATION GIVEN TO PLANNING AND
IMPLEMENTATION -CTIVITIES. THE LATTER ARE VITAL TO THE ACHIEVEMENT OF
THE RCRA GOAL OF ESTABLISHING A NATIONAL PROGRAM TO MANAGE AND CONTROL
HAZARDOUS WASTES IN AN ENVIRONMENTALLY ACCEPTABLE MANNER." /99/
THE SUBCOMMITTEE FINDS SUBSTANTIAL EVIDENCE TOWARD THE ELEVATION OF
THE EPA OFFICE OF SOLID WASTE TO THE STATUS OF ASSISTANT ADMINISTRATIOR.
THE CURRENT ORGANIZATION STRUCTURE HAS RESULTED IN MISMANAGEMENT IN THE
IMPLEMENTATION OF RCRA IN SEVERAL WAYS. THESE INCLUDE:
(A) INADEQUATE BUDGET ALLOCATION TO SOLID WASTE PROGRAMS;
(B) INADEQUATE APPLICATION OF HUMAN RESOURCES TO SOLID WASTE
PROGRAMS;
(C) CONTINUED DELAY IN THE PROMULGATION OF RCRA REGULATIONS; AND
(D) INTERNAL CONFLICTS OF INTEREST AND INFIGHTING THROUGHOUT THE
IMPLEMENTATION OF RCRA.
CONGRESS SHOULD HASTEN TO ENACT LEGISLATION TO CREATE AN OFFICE OF
ASSISTANT ADMINISTRATOR FOR SOLID WASTE WITHIN EPA. /99A/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 052 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105349
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
THE SUBCOMMITTEE BELIEVES THAT THE INSIGHTS PROVIDED IN THIS REPORT,
BOTH TO THE CONGRESS AND THE ENVIRONMENTAL PROTECTION AGENCY, WILL BE
USEFUL IN OUR STRUGGLE TO ACHIEVE CONTROL OVER THE IMMENSE PROBLEM OF
LAND POLLUTION. THE RECOMMENDATIONS EXPRESSED THROUGHOUT THE TEXT,
BASED ON AN INTENSE SUBCOMMITTEE INVESTIGATION INTO THE MANAGEMENT OF
HAZARDOUS WASTES WILL, IF FULLY RECOGNIZED AND IMPLEMENTED, PROVIDE
ADDITONAL INCENTIVES TO THE EPA AN1 THE STATES IN THIER UPHILL BATTLE TO
FULFILL THE HAZARDOUS WASTE PROVISIONS OF THE RESOURCE CONSERVATION AND
RECOVERY ACT.
THE SUBCOMMITTEE HOPES THAT THESE RECOMMENDATIONS WILL BE CARRIED OUT
TO THE GREATEST EXTENT POSSIBLE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 053 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105350
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/100/ 42 U.S.C. 6903, SECTION 1004 (5)(A)(B).
THE CLEAN AIR ACT OF 1963, WHICH UNDERWENT MAJOR REVISION IN 1970,
WAS THE FIRST MAJOR PIECE OF LEGISLATION DESIGNED TO ELIMINATE
ENVIRONMENTAL POLLUTION IN THE AIR. THE CLEAN WATER ACT, FEDERAL WATER
POLLUTION CONTROL ACT AND MARIEN PROTECTION ACT WERE DESIGNED TO
ELIMINATE ENVIRONMENTAL POLLUTION IN NAVIGABLE WATERS. NOT UNTIL 1976
DID CONGRESS PERCEIVE THE NEED TO COMPLETE ITS ENVIRONMENTAL PROTECTION
EFFORTS BY ENACTING LEGISLATION TO PROTECT THE LAND, DRINKING WATER
SUPPLIES AND THE FOOD CHAIN FROM ENVIRONMENTAL POLLUTION. THE RESOURCE
CONSERVATION AND RECOVERY ACT (RCRA) WAS ENACTED ON OCTOBER 21, 1976 TO
SERVE THIS PURPOSE. THUS, IN ESSENCE, CONGRESS CLOSED THE GAP IN
ENVIRONMENTAL PROTECTION WITH THE PASSAGE OF RCRA IN 1976.
HAZARDOUS WASTES, ESSENTIALLY A SUBSET OF SOLID WASTES, REQURE A
GREATER DEGREE OF REGULATION THAN SOLID WASTES AS SOLID WASTES DO NOT
POSSESS HAZARDOUS CHARACTERISTICS. SUBTITLE D OF RCRA PERTAINS TO THE
REGULATION OF SOLID WASTES, BUT HAZARDOUS WASTES WERE SEPARATED OUT INTO
SUBTITLE C FOR A MORE COMPREHENSIVE AND RIGID REGULATORY APPROACH.
SUBTITLE C ESTABLISHES FEDERAL STANDARDS FOR HAZARDOUS WASTE MANAGEMENT,
AND A SUMMARY OF ITS MAJOR PROVISIONS FOLLOWS.
LISTING OF HAZARDOUS WASTE
SECTION 3001 IS THE CORNERSTONE FOR THE ENTIRE "CRADLE-TO-GRAVE"
REGULATORY SCHEME UNDER RCRA. THE SECTION PROVIDES FOR THE
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. "HAZARDOUS WASTE' AS
DEFINED UNDER THE ACT IS:
A SOLID WASTE, OR COMBINATION OF SOLID WASTES, WHICH BECAUSE OF ITS
QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL, OR INFECTIOUS
CHARACTERISTICS MAY
"(A) CAUSE, OR SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN MORTAILITY
OR AN INCREASE IN SERIOUS IRREVERSIBLE, OR INCAPACITATING REVERSIBLE,
ILLNESS;" OR
"(B) POST A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO HUMAN HEALTH
OR THE ENVIRONMENT WHEN IMPROPERLY TREATED, STORED, TRANSPORTED, OR
DISPOSED OF, OR OTHERWISE MANAGED." /100/
IF A SUBSTANCE IS DETERMINED IDENTIFIABLE AS "HAZARDOUS" UNDER
SECTION 3001, THEN IT IS REGULATED BY ALL PROVISIONS OF SUBTITLE C OF
RCRA. SECTION 3001 REQUIRES THE EPA ADMINISTRATOR TO PROMULGATE
REGULATIONS WITHIN 18 MONTHS OF ENACTMENT FOR THE PURPOSES OF:
(1) DEVELOPING CRITERIA TO ESTABLISH CHARACTERISTICS WHICH IDENTIFY
HAZARDOUS WASTE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 054 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105351
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/101/ 42 U.S.C. 6921.
/102/ 42 U.S.C. 6922.
/103/ 42 U.S.C. 6923.
/104/ 42 U.S.C. 6924.
(2) IDENTIFYING THE ABOVE-REFERENCED CHARACTERISTICS; AND
(3) LISTING PARTICULAR SUBSTANCES AS HAZARDOUS. /101/
A WASTE IS CONSIDERED HAZARDOUS EITHER IF IT POSSESSES ONE OR MORE OF
THE IDENTIFYING CHARACTERISTICS OR IF IT FALLS ON THE LIST OF SUBSTANCES
IDENTIFIED AS HAZARDOUS.
REGULATIONS TO IMPLEMENT SECTION 3001 WERE PROPOSED IN THE FEDERAL
REGISTER ON DECEMBER 18, 1979.
GENERATORS OF HAZARDOUS WASTE
SECTION 3002 REQUIRES THE ADMINISTRATOR OF EPA TO PROMULGATE
REGULATIONS WITHIN 18 MONTHS OF THE DATE OF ENACTMENT OF RCRA
ESTABLISHING STANDARDS OF REQUIREMENT APPLICABLE TO GENERATORS OF
HAZARDOUS WASTE. THESE STANDARDS REQUIRE THE GENERATOR TO KEEP RECORDS
OF QUANTITIES AND CONTENTS OF WASTES PRODUCED; LABEL CONTAINERS USED IN
THE STORAGE, TRANSPORTATION OR DISPOSAL OF HAZARDOUS WASTES; USE
APPROPRIATE CONTAINERS; FURNISH CHEMICAL CONSTITUENT INFORMATION TO
PERSONS TRANSPORTING, TREATING, STORING OR DISPOSING OF THE WASTES;
PARTICIPATE IN A MANIFEST SYSTEM TO TRACK THE WASTES FROM THE POINT OF
GENERATION TO THE POINT OF ULTIMATE DISPOSAL; AND SUBMIT REPORTS TO EPA
OR AN AUTHORIZED STATE AGENCY REGARDING QUANTITIES AND ULTIMATE
DISPOSITION OF WASTES. /102/
TRANSPORTERS OF HAZARDOUS WASTES
SECTION 3003 REQUIRES THE ADMINISTRATOR TO PROMULGATE REGULATIONS
SETTING STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTES. SUCH
STANDARDS INCLUDE REQUIREMENTS FOR RECORDKEEPING, LABELING, COMPLIANCE
WITH THE MANIFEST SYSTEM, AND TRANSPORTATION TO ONLY PERMITTED DISPOSAL
FACILITIES (AS PROVIDED FOR UNDER SECTION 3005). THE SECTION ALSO
PROVIDES FOR COORDINATION WITH REGULATIONS OF THE DEPARTMENT OF
TRANSPORTATION UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT (88
STAT. 2156; 49 U.S.C. 1801 AND FOLLOWING). /103/
OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
SECTION 3004 REQUIRES THE ADMINISTRATOR TO PROMULGATE REGULATIONS
SETTING STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES. AS IN SECTIONS 3002 AND
3003, THESE STANDARDS WILL APPLY TO RECORDKEEPING, COMPLIANCE WITH THE
MANIFEST SYSTEM, AND PERMITTING REQUIREMENTS. IN ADDITION, THE
REGULATIONS SET STANDARDS APPLYING TO TREATMENT, STORAGE AND DISPOSAL,
DESIGN OF DISPOSAL FACILITIES, CONTINGENCY PLANS FOR ANY EMERGENCY
ACTION REQUIRED, AND MAINTENANCE REQUIREMENTS. /104/
STORAGE OR DISPOSAL OF HAZARDOUS WASTE
SECTION 3005 REQUIRES THE ADMINISTRATOR TO PROMULGATE REGULATIONS
REQUIRING THE OWNER OR OPERATOR OF A TREATMENT, STORAGE, OR DISPOSAL
FACILITY TO OBTAIN A PERMIT ISSUED BY EPA OR A STATE WITH AN AUTHORIZED
HAZARDOUS WASTE MANAGEMENT PROGRAM UPON A DETERMINATION THAT THE
FACILITY COMPLIES WITH SECTION 3004.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 055 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105352
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/105/ 42 U.S.C. 6925.
/106/ 42 U.S.C. 6926.
/107/ 42 U.S.C. 6926.
/108/ 42 U.S.C. 6927.
/109/ 42 U.S.C. 6928.
FAILURE TO COMPLY WITH THE TERMS OF THE PERMIT MAY RESULT IN ITS
REVOCATION, THUS DISPOSAL OF HAZARDOUS WASTE MUST BE IN ACCORDANCE WITH
SUCH TERMS. THE BURDEN OF AUTHORIZING A LARGE AMOUNT OF PERMITS UPON
SUBMISSION TO EPA IS REDUCED BY THE PROVISION OF AUTHORIZING INTERIM
STATUS (FACILITY MAY OPERATE AS A PERMITTED FACILITY) TO A FACILITY
WHICH HAS SUBMITTED AN APPLICATION, UNTIL THE AGENCY CAN MAKE A FINAL
DECISION ON THE APPLICATION. /105/
HAZARDOUS WASTE PROGRAMS
CONGRESS FULLY INTENDED IN THE PASSAGE OF RCRA THAT THE STATES SHOULD
ESTABLISH THEIR OWN PROGRAMS TO ADMINISTER AND ENFORCE THE NATIONAL
STANDARDS PROMULGATED BY EPA. THUS, SECTION 3006 PROVIDES FOR THE
AUTHORIZATION OF STATE HAZARDOUS WASTE MANAGMENT PROGRAMS. AFTER
SUBMISSION OF AN APPLICATION TO THE ADMINISTRATOR FOR AN AUTHORIZED
STATE HAZARDOUS WASTE PROGRAM, SUCH PROGRAM WILL BE AUTHORIZED IN LIEU
OF THE FEDERAL PROGRAM UNLESS THE ADMINISTRATOR NOTIFIES THE STATE THAT:
(1) SUCH STATE PROGRAM IS NOT EQUIVALENT TO THE FEDERAL PROGRAM UNDER
THIS SUBTITLE;
(2) SUCH PROGRAM IS NOT CONSISTENT WITH THE FEDERAL OR STATE PROGRAMS
APPLICABLE IN OTHER STATES; OR
(3) SUCH PROGRAM DOES NOT PROVIDE ADEQUATE ENFORCEMENT OF COMPLIANCE
WITH THE REQUIREMENTS OF THIS SUBTITLE. /106/
AFTER SECTIONS 3002-3005 H-VE BEEN PROMULGATED, A STATE MAY BE
GRANTED INTERIM AUTHORIZATION TO OPERATE ITS OWN PROGRAM IN ACCORDANCE
WITH SECTION 3006(C) OF RCRA. THIS PROVISION GRANTS THE STATE A 2-YEAR
AUTHORIZATION TO OPERATE ITS OWN HAZARDOUS WASTE PROGRAM IF IT IS
EQUIVALENT TO AND CONSISTENT IWTH THE FEDERAL PROGRAM. /107/
SECTION 3007(A) PROVIDES FOR FEDERAL OR STATE ACCESS TO THE RECORDS
AND PLACE OF BUSINESS OF ANY GENERATOR, TRANSPORTER OF HAZARDOUS WASTE,
OR OWNER/OPERATOR OF A HAZARDOUS WASTE FACILITY. THE PURPOSE OF SUCH
ACCESS IS FOR EITHER ENFORCING OR DEVELOPING REGULATIONS UNDER SUBTITLE
C.
SECTION 3007(B) PROVIDES FOR PUBLIC ACCESS TO INFORMATION RECEIVED BY
THE STATE OR FEDERAL GOVERNMENT FROM SUCH AN INSPECTION. /108/
THE FEDERAL ENFORCEMENT PROGRAM IS OUTLINED IN SECTION 3008. THIS
SECTION PROVIDES FOR COMPLIANCE ORDERS, CIVIL SUITS, AND CRIMINAL
PENALTIES FOR VIOLATIONS OF ANY OF THE PROVISIONS OF SUBTITLE C.
VIOLATIONS MAY RESULT IN A CIVIL PENALTY OF $25,000 FOR EACH DAY OF
NON-COMPLIANCE IWTH A COMPLIANCE ORDER IN ACCORDANCE WITH SECTION
3008(A) (3), OR IN THE CASE OF A CRIMINAL VIOLATION, A FINE OF $25,000
FOR EACH DAY OF NON-COMPLIANCE AND/OR ONE YEAR IMPRISONMENT IN
ACCORDANCE WITH SECTION 3008(D). /109/
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 056 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105353
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
/110/ 42 U.S.C. 6929.
/111/ 42 U.S.C. 6930.
/112/ 42 U.S.C. 6931.
/113/ 42 U.S.C. 6973.
SECTION 3009 PREEMPTS STATE AND LOCAL REGULATIONS THAT ARE LESS
STRINGENT THAN THE FEDERAL STANDARDS, BUT STATES AND LOCALITIES ARE NOT
PROHIBITED FROM APPLYING THEIR OWN STANDARDS, IF APPLICATION OF THE
FEDERAL REGULATION IS POSTPONED OR ENJOINED. /110/
WITHIN 90 DAYS AFTER THE SECTION 3001 REGULATIONS ARE PROMULGATED,
ANY PERSON SUBJECT TO SECTIONS 3002, 3003, OR 3004 MUST NOTIFY EITHER
EPA, OR THE STATE, IF THERE IS AN AUTHORIZED STATE PROGRAM, OF THE
LOCATION AND GENERAL DESCRIPTION OF THE ACTIVITIES THAT WOULD SUBJECT IT
TO REGULATIONS AND THE WASTES THAT ARE IDENTIFIED UNDER SECTION 3001
REGULATIONS. /1I1/
TO STATES
THIS SECTION AUTHORIZES GRANTS TO THE STATES TO ASSITS IN THE
DEVELOPMENT AND IMPLEMENTATION OF AUTHORIZED STATE HAZARDOUS WASTE
PROGRAMS. /112/
EPA'S "IMMINENT HAZARD" AUTHORITY, APART FROM THE SUBTITLE C
ENFORCEMENT PROVISION, PROVIDES THE ADMINISTRATOR WITH BROAD STATUTORY
AUTHORITY TO REMEDY IMPROPER DISPOSAL OF SOLID AND/OR HAZARDOUS WASTE ON
THE LAND THAT HAS OR WILL RESULT IN AN IMMINENT AND SUBSTANTIAL
ENDANGERMENT TO THE PUBLIC HEALTH OR THE ENVIRONMENT. THIS AUTHORITY IS
GRANTED UNDER SECTION 7003 OF RCRA, AND SPECIFICALLY STATES:
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, UPON RECEIPT OF
EVIDENCE THAT THE HANDLING, STORAGE, TREATMENT, TRANSPORTATION OR
DISPOSAL OF ANY SOLID WASTE OR HAZARDOUS WASTE IS PRESENTING AN IMMINENT
AND SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT, THE
ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE UNITED STATES IN THE
APPROPRIATE DISTRICT COURT TO IMMEDIATELY RESTRAIN ANY PERSON FOR
CONTRIBUTING TO THE ALLEGED DISPOSAL TO STOP SUCH HANDLING, STORAGE,
TREATMENT, TRANSPORTATION, OR DISPOSAL OR TO TAKE SUCH OTHER ACTION AS
MAY BE NECESSARY. THE ADMINISTRATOR SHALL PROVIDE NOTICE TO THE
AFFECTED STATE OF ANY SUCH SUIT. /112/
AS THE LANGUAGE OF SECTION 7003 CLEARLY INDICATES, THIS BROAD SWEEP
OF AUTHORITY, WEHN PUT TO USE, IS TO TAKE PRECEDENCE OVER ANY OTHER
PROVISION OF THE ACT. THE SECTION PROVIDES EXTREMELY ADEQUATE AUTHORITY
TO THE ADMINISTRATOR TO DEAL WITH EMERGENCY SITUATIONS CAUSED BY SOLID
OR HAZARDOUS WASTE AND RELATING TO THE PUBLIC HEALTH AND/OR THE
ENVIRONMENT.
(ACTUAL LANGUAGE OF SUBTITLE C FOLLOWS.)
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 057 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105354
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
OCT. 21, 1976 (S.2150)
TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF
MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTHER
RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF
DISCARDED MATERIALS, AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE.
42 USC 6921. "SEC. 3001. (A) CRITERIA FOR IDENTIFICATION OR
LISTING. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE
ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL, AFTER NOTICE AND
OPPORTUNITY FOR PUBLIC HEARING, AND AFTER CONSULTATION WITH APPROPRIATE
FEDERAL AND STATE AGENCIES, DEVELOP AND PROMULGATE CRITERIA FOR
IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND FOR LSITING
HAZARDOUS WASTE, WHICH SHOULD BE SUBJECT TO THE PROVISIONS OF THIS
SUBTITLE, TAKING INTO ACCOUNT TOXICITY, PERSISTENCE, AND DEGRADABILITY
IN NATURE, POTENTIAL FOR ACCUMULATION IN TISSUE, ANDOTHER RELATED
FACTORS SUCH AS FLAMMABILITY, CORROSIVENESS, AND OTHER HAZARDOUS
CHARACTERISTICS. SUCH CRITERIA SHALL BE REVISED FROM TIME TO TIME AS
MAY BE APPROPRIATE.
REGULATIONS. "(B) IDENTIFICATION AND LISTING. -- NOT LATER THAN
EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER
NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, THE ADMINISTRATOR SHALL
PROMULGATE REGULATIONS IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS
WASTES, AND LISTING PARTICULAR HAZARDOUS WASTES (WITHIN THE MEANING OF
SECTION 1004(5)), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS
BUTITLE. SUCH REGULATIONS SHALL BE BASED ON THE CRITERIA PROMULGATED
UNDER SUBSECTION (A) AND SHALL BE REVISED FROM TIME TO TIME THEREAFTER
AS MAY BE APPROPRIATE.
"(C) PETITION BY STATE GOVERNOR. -- AT ANY TIME AFTER THE DATE
EIGHTEEN MONTHS AFTER THE ENACTMENT OF THIS TITLE, THE GOVERNOR OF ANY
STATE MAY PETITION THE ADMINISTRATOR TO IDENTIFY OR LIST A MATERIAL AS A
HAZARDOUS WASTE. THE ADMINISTRATOR SHALL ACT UPON SUCH PETITION WITHIN
NINETY DAYS FOLLOWING HIS RECEIPT THEREOF AND SHALL NOTIFY THE GOVERNOR
OF SUCH ACTION. IF THE ADMINISTRATOR DENIES SUCH PETITION BECAUSE OF
FINANCIAL CONSIDERATIONS, IN PROVIDING SUCH NOTICE TO THE GOVERNOR HE
SHALL INCLUDE A STATEMENT CONCERNING SUCH CONSIDERATIONS.
ANTE, P. 2799.
REGULATIONS 42 USC 6922
"SEC. 3002. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE
ENACTMENT OF THIS SECTION, AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC
HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE
AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING
SUCH STANDARDS, APPLICABLE TO GENERATORS OF HAZARDOUS WASTE IDENTIFIED
OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN
HEALTH AND THE ENFIRONMENT. SUCH STANDARDS SHALL ESTABLISH REQUIREMENTS
RESPECTING.
"(1) RECORDKEEPING PRACTICES THAT ACCURATELY IDENTIFY THE QUANTITIES
OF SUCH HAZARDOUS WASTE GENERATED, THE CONSTITUENTS THEREOF WHICH ARE
SIGNIFICANT IN QUANTITY OR IN POTENTIAL HARM TO HUMAN HEALTH OR THE
ENVIRONMENT, AND THE DISPOSTION OF SUCH WASTES;
(2) LABELING PRACTICES FOR ANY CONTAINERS USED FOR THE STORAGE
TRANSPORT, OR DISPOSAL OF SUCH HAZARDOUS WASTE SUCH AS WILL IDENTIFY
ACCURATELY SUCH WASTE;
"(3) USE OF APPROPRIATE CONTAINERS FOR SUCH HAZARDOUS WASTE;
"(4) FURNISHING OF INFORMATION OF THE GENERAL CHEMCIAL COMPSITION OF
SUCH HAZARDOUS WASTE TO PERSONS TRANSPORTING, TREATING, STORING, OR
DISPOSING OF SUCH WASTES.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 058 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105355
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
"(5) USE OF A MANIFEST SYSTEM TO ASSURE THAT ALL SUCH HAZARDOUS WASTE
GENERATED IS DESIGNATED FOR TREATMENT, STORAGE, OR DISPOSAL IN
TREATMENT, STORAGE, OR DISPOSAL FACILITIES (OTHER THAN FACILITIES ON THE
PREMISES WHERE THE WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN
ISSUED AS PROVIDED IN THIS SUBTITLE; AND
REPORTS. "(6) SUBMISSION OF REPORTS TO THE ADMINISTRATOR (OR THE
STATE AGENCY IN ANY CASE IN WHICH SUCH AGENCY CARRIES OUT AN AUTHORIZED
PERMIT PROGRAM PURSUANT TO THIS SUBTITLE AT SUCH TIMES AS THE
ADMINISTRATOR (OR THE STATE AGENCY IF APPROPRIATE) DEEMS NECESSARY,
SETTING OUT
"(A) THE QUANTITIES OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER
THIS SUBTITLE THAT HE HAS GENERATED DURING A PARTICULAR TIME PERIOD;
AND
"(B) THE DISPOSITION OF ALL HAZARDOUS WASTE REPORTED UNDER
SUBPARAGRAPH (A).
REGULATIONS, 42 USC 6923. "SEC. 3003. (A) STANDARDS. -- NOT LATER
THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND
AFTER OPPORTUNITY FOR PUBLIC HEARINGS, THE ADMINISTRATOR, AFTER
CONSULTATION WITH THE SECRETARY OF TRANSPORTATION AND THE STATES, SHALL
PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS, APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE BUT NEED NOT BE LIMITED TO
REQUIREMENTS RESPECTING.
"(1) RECORDKEEPING CONCERNING SUCH HAZARDOUS WASTE TRANSPORTED, AND
THEIR SOURCE AND DELIVERY POINTS;
"(2) TRANSPORTATION OF SUCH WASTE ONLY IF PROPERLY LABELED;
"(3) COMPLIANCE WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION 3002
(5); AND
"(4) TRANSPORTATION OF ALL SUCH HAZARDOUS WASTE ONLY TO THE HAZARDOUS
WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES WHICH THE SHIPPER
DESIGNATES ON THE MANIFEST FORM TO BE A FACILITY HOLDING A PERMIT ISSUED
UNDER THIS SUBTITLE.
RECOMMENDATIONS. "(B) COOPERATION WITH REGULATIONS OF SECRETARY OF
TRANSPORATION. -- IN CASE OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED
UNDER THIS SUBTITLE WHICH IS SUBJECT TO THE HAZARDOUS MATERIALS
TRANSPORTATION ACT (88 STAT. 2156; 49 U.S.C. 1801 AND FOLLOWING), THE
REGULATIONS PROMULGATED BY THE ADMINISTRATOR UNDER THIS SUBTITLE SHALL
BE CONSISTENT WITH THE REQUIREMENTS OF SUCH ACT AND THE REGULATIONS
THEREUNDER. THE ADMINISTRATOR IS AUTHORIZED TO MAKE RECOMMENDATIONS TO
THE SECRETARY OF TRANSPORTATION RESPECTING THE REGULATIONS OF SUCH
HAZARDOUS WASTE UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT AND FOR
ADDITION OF MATERIALS TO BE COVERED BY SUCH ACT.
REGULATIONS, 42 USC 6924. "SEC. 3004. NOT LATER THAN EIGHTEEN
MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER
OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE
FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE
REGULATIONS ESTABLISHING SUCH PERFORMANCE STANDARDS APPLICABLE TO OWNERS
AND OPERATORS OF FACILITIES FOR THE TREATMENT, STORAGE, OR DISPOSAL OF
HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE
NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 059 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105356
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
SUCH STANDARDS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,
REQUIREMENTS RESPECTING.
"(1) MAINTAINING RECORDS OF ALL HAZARDOUS WASTES IDENTIFIED OR LISTED
UNDER THIS TITLE WHICH IS TREATED, STORED, OR DISPOSED OF, AS THE CASE
MAY BE, AND THE MANNER IN WHICH SUCH WASTES WERE TREATED, STORED, OR
DISPOSED OF;
"(2) SATISFACTORY REPORTING, MONITORING, AND INSPECTION AND
COMPLIANCE WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION 3002(5);
"(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECEIVED BY
THE FACILITY PURSUANT TO SUCH OPERATING METHODS, TECHNIQUES, AND
PRACTICES AS MAY BE SATISFACTORY TO THE ADMINISTRATOR;
"(4) THE LOCATION, DESIGN, AND CONSTRUCTION OF SUCH HAZARDOUS WASTE
TREATMENT, DISPOSAL, OR STORAGE FACILITIES;
"(5) CONTINGENCY PLANS FOR EFFECTIVE ACTION TO MINIMIZE UNANTICIPATED
DAMAGE FROM ANY TREATMENT, STORAGE, OR DISPOSAL OF ANY SUCH HAZARDOUS
WASTE;
"(6) THE MAINTENANCE OF OPERATION OF SUCH FACILITIES AND REQUIRING
SUCH ADDITIONAL QUALIFICATIONS AS TO OWNERSHIP, CONTINUITY OF OPERATION,
TRAINING FOR PERSONNEL, AND FINANCIAL RESPONSIBILITY AS MAY BE NECESSARY
OR DESIRABLE; AND
"(7) COMPLIANCE WITH THE REQUIREMENTS OF SECTION 3005 RESPECTING
PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL.
NO PRIVATE ENTITY SHALL BE PRECLUDED BY REASON OF CRITERIA
ESTABLISHED UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OPERATION OF
FACILITIES PROVIDING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL
SERVICES WHERE SUCH ENTITY CAN PROVIDE ASSURANCES OF FINANCIAL
RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE
AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR
DISPOSAL OF SPECIFIED HAZARDOUS WASTE.
42 USC 6925. "SEC. 3005. (A) PERMITE REQUIREMENTS. -- NOT LATER
THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS SECTION,
THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS REQUIRING EACH PERSON
OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL
OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE TO HAVE A
PERMIT ISSUED PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL TAKE
EFFECT ON THE DATE PROVIDED IN SECTION 3010 AND UPON AND AFTER SUCH DATE
THE DISPOSAL OF ANY SUCH HAZARDOUS WASTE IS PROHIBITED EXCEPT IN
ACCORDANCE WITH SUCH A PERMIT.
"(B) REQUIREMENTS OF PERMIT APPLICATION. -- EACH APPLICATION FOR A
PERMIT UNDER THIS SECTION SHALL CONTAIN SUCH INFORMATION AS MAY BE
REQUIRED UNDER REGULATIONS PROMULGATED BY THE ADMINISTRATOR, INCLUDING
INFORMATION RESPECTING.
"(1) ESTIMATES WITH RESPECT TO THE COMPOSITION, QUANTITIES, AND
CONCENTRATIONS OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE, OR COMBINATIONS OF ANY SUCH HAZARDOUS WASTE AND ANY OTHER
SOLID WASTE, PROPOSED TO BE DISPOSED OF, TREATED, TRANSPORTED, OR
STORED, AND THE TIME, FREQUENCY, OR RATE OF WHICH SUCH WASTE IS PROPOSED
TO BE DISPOSED OF, TREATED, TRANSPORTED, OR STORED; AND
"(2) THE SITE AT WHICH SUCH HAZARDOUS WASTE OR THE PRODUCTS OF
TREATMENT OF SUCH HAZARDOUS WASTE WILL BE DISPOSED OF, TREATED,
TRANSPORTED TO, OR STORED.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 060 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105357
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
"(C) PERMIT ISSUANCE. -- UPON A DETERMINATION BY THE ADMINISTRATOR
(OR A STATE, IF APPLICABLE), OF COMPLIANCE BY A FACILITY FOR WHICH A
PERMIT IS APPLIED FOR UNDER THIS SECTION WITH THE REQUIREMENTS OF THIS
SECTION AND SECTION 3004, THE ADMINISTRATOR (OR THE STATE) SHALL ISSUE A
PERMIT FOR SUCH FACILITIES. IN THE EVENT PERMIT APPLICANTS PROPOSE
MODIFICATION OF THEIR FACILITIES, OR IN THE EVENT THE ADMINISTRATOR (OR
THE STATE) DETERMINES THAT MODIFICATIONS ARE NECESSARY TO CONFORM TO THE
REQUIREMENTS UNDER THIS SECTION AND SECTION 3004, THE PERMIT SHALL
SPECIFY THE TIME ALLOWED TO COMPLETE THE MODIFICATIONS.
"(D) PERMIT REVOCATION. -- UPON A DETERMINATION BY THE ADMINISTRATOR
(OR BY A STATE, IN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS
WASTE PROGRAM UNDER SECTION 3006) OF NONCOMPLIANCE BY A FACILITY HAVING
A PERMIT UNDER THIS TITLE WITH THE REQUIREMENTS OF THIS SECTION OR
SECTION 3004, THE ADMINISTRATOR (OR STATE, IN THE CASE OF A STATE
HAVEING AN AUTHORIZED HAZARDOUS WASTE PROGRAM UNDER SECTION 3006) SHALL
REVOKE SUCH PERMIT.
"(E) INTERMIN STATUS. -- ANY PERSON WHO
"(1) OWNS OR OPERATES A FACILITY REQUIRED TO HAVE A PERMIT UNDER THIS
SECTION WHICH FACILITY IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS
ACT,
"(2) HAS COMPLIED WITH THE REQUIREMENTS OF SECTION 3010(A), AND
"(3) HAS MADE AN APPLICATION FOR A PERMIT UNDER THIS SECTION SHALL BE
TREATED AS HAVING BEEN ISSUED SUCH PERMIT UNTIL SUCH TIME AS FINAL
ADMINISTRATIVE DISPOSITION OF SUCH APPLICATION IS MADE, UNLESS THE
ADMINISTRATOR OR OTHER PLAINTIFF PROVES THAT FINAL ADMINISTRATIVE
DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE
OF THE APPLICANT TO FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED
IN ORDER TO PROCESS THE APPLICATION.
42 USC 6926. "SEC. 3006. (A) FEDERAL GUIDELINES. -- NOT LATEF THAN
EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE
ADMINISTRATOR, AFTER CONSULTATION WITH STATE AUTHORIITIES, SHALL
PROMULGATE GUIDELINES TO ASSIST STATES IN THE DEVELOPMENT OF STATE
HAZARDOUS WASTE PROGRAMS.
"(B) AUTHORIZATION OF STATE PROGRAM. -- ANY STATE WHICH SEEKS TO
ADMINISTER AND ENFORCE A HAZARDOUS WASTE PROGRAM PURSUANT TO THIS
SUBTITLE MAY DEVELOP AND, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC
HEARING, SUBMIT TO THE ADMINISTRATOR AN APPLICATION, IN SUCH FORM AS HE
SHALL REQUIRE, FOR AUTHORIZATION OF SUCH PROGRAM. WITHIN NINETY DAYS
FOLLOWING SUBMISSION OF AN APPLICATION UNDER THIS SUBSECTION, THE
ADMINISTRATOR SHALL ISSUE A NOTICE AS TO WHETHER OR NOT HE EXPECTS SUCH
PROGRAM TO BE AUTHORIZED, AND WITHIN NINETY DAYS FOLLWOING SUCH NOTICE
(AND AFTER OPPORTUNITY FOR PUBLIC HEARING) HE SHALL PUBLISH HIS FINDINGS
AS TO WHETHER OR NOT THE CONDITIONS LISTED IN ITEMS (1), (2), AND (3)
BELOW HAVE BEEN MET. SUCH STATE IS AUTHORIZED TO CARRY OUT SUCH PROGRAM
IN LIEU OF THE FEDERAL PROGRAM UNDER THIS SUBTITLE IN SUCH STATE AND TO
ISSUE AND ENFORCE PERMITS FOR THE STORAGE, TREATMENT, OR DISPOSAL OF
HAZARDOUS WASTE UNLESS, WITHIN NINETY DAYS FOLLOWING SUBMISSION OF THE
APPLICATION THE ADMINISTRATOR NOTIFIES SUCH STATE THAT SUCH PROGRAM MAY
NOT BE AUTHORIZED AND, WITHIN NINETY DAYS FOLLOWING SUCH NOTICE AND
AFTER OPPORTUNITY FOR PUBLIC HEARING, HE FINDS THAT (1) SUCH STATE
PROGRAM IS NOT EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS SUBTITLE,
(2) SUCH PROGRAM IS NOT CONSISTENT WITH THE FEDERAL OR STATE PROGRAMS
APPLICABLE IN OTHER STATES, OR (3) SUCH PROGRAM DOES NOT PROVIDE
ADEQUATE ENFORCEMENT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS
SUBTITLE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 061 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105358
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
"(C) INTERIM AUTHORIZATION. -- ANY STATE WHICH HAS IN EXISTENCE A
HAZARDOUS WASTE PROGRAM PURSUANT TO STATE LAW BEFORE THE DATE NINETY
DAYS AFTER THE DATE REQUIRED FOR PROMULGATION OF REGULATIONS UNDER
SECTIONS 3002, 3003, 3004, AND 3005, SUBMIT TO THE ADMINISTRATOR
EVIDENCE OF SUCH EXISTING PROGRAM AND MAY REQUEST A TEMPORARY
AUTHORIZATION TO CARRY OUT SUCH PROGRAM UNDER THIS SUBTITLE. THE
ADMINISTRATOR SHALL, IF THE EVIDENCE SUBMITTED SHOWS THE EXISTING STATE
PROGRAM TO BE SUBSTANTIALLY EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS
SUBTITLE, GRANT AN INTERIM AUTHORIZATION TO THE STATE TO CARRY OUT SUCH
PROGRAM IN LIEU OF THE FEDERAL PROGRAM PURSUANT TO THIS SUBTITLE FOR A
TWENTY-FOUR MONTH PERIOD BEGINNING ON THE DATE SIX MONTHS AFTER THE DATE
REQUIRED FOR PROMULGATION OF REGULATIONS UNDER SECTIONS 3002 THROUGH
3005.
"(D) EFFECT OF STATE PERMIT. -- ANY ACTION TAKEN BY A STATE UNDER A
HAZARDOUS WASTE PROGRAM AUTHORIZED UNDER THIS SECTION SHALL HAVE THE
SAME FORCE AND EFFECT AS ACTION TAKEN BY THE ADMINISTRATOR UNDER THIS
SUBTITLE.
"(E) WITHDRAWAL OF AUTHORIZATION. -- WHENEVER THE ADMINISTRATOR
DETERMINES AFTER PUBLIC HEARING THAT A STATE IS NOT ADMINISTERING AND
ENFORCING A PROGRAM AUTHORIZED UNDER THIS SECTION IN ACCORDANCE WITH
REQUIREMENTS OF THIS SECTION, HE SHALL SO NOTIFY THE STATE AND, IF
APPROPRIATE CORRECTIVE ACTION IS NOT TAKEN WITHIN A REASONABLE TIME, NOT
TO EXCEED NINETY DAYS, THE ADMINISTRATOR SHALL WITHDRAW AUTHORIZATION OF
SUCH PROGRAM AND ESTABLISH A FEDERAL PROGRAM PURSUANT TO THIS SUBTITLE.
THE ADMINISTRATOR SHALL NOT WITHDRAW AUTHORIZATION OF ANY SUCH PROGRAM
UNLESS HE SHALL FIRST HAVE NOTIFIED THE STATE, AND MADE PUBLIC, IN
WRITING, THE REASONS FOR SUCH WITHDRAWAL.
42 USC 6927. "SEC. 3007. (A) ACCESS ENTRY. -- FOR PURPOSES OF
DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR
ENFORCING THE PROVISIONS OF THIS SUBTITLE, ANY PERSON WHO GNEERATES,
STORES, TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE HANDLES HAZARDOUS
WASTES SHALL, UPON REQUEST OF ANY OFFICER OR EMPLOYEE OF THE
ENVIRONMENTAL PROTECTION AGENCY, DULY DESIGNATED BY THE ADMINISTRATOR,
OR UPON REQUEST OF ANY DULY DESIGNATED OFFICER EMPLOYEE OF A STATE
HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM, FURNISH OR PERMIT SUCH
PERSON AT ALL REASONSABLE TIMES TO HAVE ACCESS TO, AND TO COPY ALL
RECORDS RELATING TO SUCH WASTES. FOR THE PURPOSES OF DEVELOPING OR
ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE
PROVISIONS OF THIS TITLE, SUCH OFFICERS OR EMPLOYEES ARE AUTHORIZED.
"(1) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE
MAINTAINED BY ANY PERSON WHERE HAZARDOUS WASTES ARE GENERATED, STORED,
TREATED, OR DISPOSED OF;
"(2) TO INSPECT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY SUCH WASTES
AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTES.
EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONABLE
PROMPTNESS. IF THE OFFICER OR EMPLOYEE OBTAINS ANY SAMPLES, PRIOR TO
LEAVING THE PREMISES, HE SHALL GIVE TO THE OWNER, OPERATOR, OR AGENT IN
CHARGE A RECEIPT DESCRIBING THE SAMPLE OBTAINED AND IF REQUESTED A
PORTION OF EACH SUCH SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE PROTION
RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE
RESULTS OF SUCH ANAYLSIS SHALL BE FURNISHED PROMPTLY TO THE OWNER,
OPERATOR, OR AGENT IN CHARGE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 062 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105359
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
"(B) ADVAILABILITY TO PUBLIC. -- ANY RECORDS, REPORTS, OR INFORMATION
OBTAINED FROM ANY PERSON UNDER THIS SECTION SHALL BE AVAILABLE TO THE
PUBLIC, EXCEPT THAT UPON A SHOWING SATISFACTORY TO THE ADMINISTRATOR (OR
THE STATE, AS THE CASE MAY BE) BY ANY PERSON THAT RECORDS, REPORTS, OR
INFORAMTION, OR PARTICULAR PART THEREOF, TO WHICH THE ADMINISTRATOR (OR
THE STATE, AS THE CASE MAY BE) HAS ACCESS UNDER THIS SECTION IF MADE
PUBLIC, WOULD DIVULGE INFORMATION ENTITLED TO PROTECTION UNDER SECTION
1905 OF TITLE 18 OF THE UNITED STATES CODE, THE ADMINISTRATOR (OR THE
STATE, AS THE CASE MAY BE) SHALL CONSIDER SUCH IFNORMATION OR PARTICULAR
PORTION THEREOF CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF THAT
SECTION, EXCEPT THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY
BE DISCLOSED TO OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES
OF THE UNITED STATES CONCERNED WITH CARRYING OUT THIS ACT, OR WHEN
RELEVANT IN ANY PROCEEDING UNDER THIS ACT. 3"FEDERAL ENFORCEMENT
42 USC 6928. "SEC. 3008. (A) COMPLIANCE ORDERS. -- (1) EXCEPT AS
PROVIDED IN PARAGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE
ADMINISTRATOR DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY
REQUIREMENT OF THIS SUBTITLE, THE ADMINISTRATOR SHALL GIVEN NOTICE TO
THE VIOLATOR OF HIS FAILURE TO COMPLY WITH SUCH REQUIREMENT. IF SUCH
VIOLATION EXTENDS BEYOND THE THIRTIETH DAY AFTER THE ADMINISTRATOR'S
NOTIFICATION, THE ADMINISTRATOR MAY ISSUE AN ORDER REQUIRING COMPLIANCE
WITHIN A SPETIFIED TIME PERIOD OR THE ADMINISTRATOR MAY COMMENCE A CIVIL
ACTION IN THEUNITED STATES DISTRICT COURT IN THE DISTRICT IN WHICH THE
VIOLATION OCCURRED FOR APPROPRIATE RELIEF, INCLUDING A TEMPORARY OR
PERMANENT INJUNCTION.
"(2) IN THE CASE OF A VIOLATION OF ANY REQUIREMENT OF THIS SUBTITLE
WHERE SUCH VIOLATION OCCURS IN A STATE WHICH IS AUTHORIZED TO CARRY OUT
A HAZARDOUS WASTE PROGRAM UNDER SECTION 3006, THE ADMINISTRATOR SHALL
GIVEN NOTICE TO THE STATE IN WHICH SUCH VIOLATION HAS OCCURRED THIRTY
DAYS PRIOR TO ISSUING AN ORDER OR COMMENCING A CIVIL ACTION UNDER THIS
SECTION.
PENALTY. "(3) IF SUCH VIOLATOR FAILS TO TAKE CORRECTIVE ACTION
WITHIN THE TIME SPECIFIED IN THE ORDER, HE SHALL BE LIABLE FOR A CIVIL
PENALTY OF NOT MORE THAN $25,000 FOR EACH DAY OF CONTINUED NONCOMPLIANCE
AND THE ADMINISTRATOR MAY SUSPEND OR REVOKE ANY PERMIT ISSUED TO THE
VIOLATOR (WHETHER ISSUED BY THE ADMINISTRATOR OR THE STATE).
SUBPENAS. "(B) PUBLIC HEARING. -- ANY ORDER OR ANY SUSPENSION OR
REVOCATION OF A PERMIT SHALL BECOME FINAL UNLESS, NO LATER THAN THIRTY
DAYS AFTER THE ORDER OR NOTICE OF THE SUSPENSION OR REVOCATION IS
SERVED, THE PERSON OR PERSONS NAMED THEREIN REQUEST A PUBLIC HEARING.
UPON SUCH REQUEST THE ADMINISTRATOR SHALL PROMPTLY CONDUCT A PUBLIC
HEARING. IN CONNECTION WITH ANY PROCEEDING UNDER THIS SECTION THE
ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS,
AND MAY PROMULGATE RULES FOR DISCOVERY PROCEDURES.
PENALTY. "(C) REQUIREMENTS OF COMPLIANCE ORDERS. -- ANY ORDER ISSUED
UNDER THIS SECTION SHALL STATE WITH REASONABLE SPECIFICITY THE NATURE OF
THE VIOLATION AND SPECIFY A TIME FOR COMPLIANCE AND ASSESS A PENALTY, IF
ANY, WHICH THE ADMINISTRATOR DETERMINES IS REASONABLE TAKING INTO
ACCOUNT THE SERIOUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO
COMPLY WITH THE APPLICABLE REQUIREMENTS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 063 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105360
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
"(D) CRIMINAL PEANALTY. -- ANY PERSON WHO KNOWINGLY.
"(1) TRANSPORTS ANY HAZARDOUS WASTE LISTED UNDER THIS SUBTITLE TO A
FACILITY WHICH DOES NOT HAVE A PERMIT UNDER SECTION 3005 (OR 3006 IN THE
CASE OF A STATE PROGRAM),
"(2) DISPOSES OF ANY HAZARDOUS WASTE LISTED UNDER THIS SUBTITLE
WITHOUT HAVING OBTAINED A PERMIT THEREFOR UNDER THIS SUBTITLE,
"(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION,
LABEL, MANIFEST, RECORD, REPORT, PERMIT OR OTHER DOCUMENT FILED,
MAINTAINED, OR USED FOR PURPOSES OF COMPLIANCE WITH THIS SUBTITLE.
SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF NOT MORE THAN $25,000
FOR EACH DAY OF VIOLATION, OR TO IMPRISONMENT NOT TO EXCEED ONE YEAR, OR
BOTH. IF THE CONVICTION IS FOR A VIOLATION COMMITTED AFTER A FIRST
CONVICTION OF SUCH PERSON UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A
FINE OF NOT MORE THAN $50,000 PER DAY OF VIOLATION, OR BY IMPRISONMENT
FOR NOT MORE THAN TWO YEARS, OR BY BOTH.
42 USC 6929. "SEC. 3009. UPON THE EFFECTIVE DATE OF REGULATIONS
UNDER THIS SUBTITLE NO STATE OR POLITICAL SUBDIVISION MAY IMPOSE ANY
REQUIREMENTS LESS STRINGENT THAN THOSE AUTHORIZED UDNER THIS SUBTITLE
RESPECTING THE SAME MATTER AS GOVERNED BY SUCH REGULATIONS, EXCEPT THAT
IF APPLICATION OF A REGULATION WITH RESPECT TO ANY MATTER UNDER THIS
SUBTITLE IS POSTPONED OR ENJOINED BY THE ACTION OF ANY COURT, NO STATE
OR POLITICAL SUBDIVISION SHALL BE PROHIBITED FROM ACTING WITH RESPECT TO
THE SAME ASPECT OF SUCH MATTER UNTIL SUCH TIME AS SUCH REGULATION TAKES
EFFECT.
42 USC 6930. "SEC. 3010. (A) PRELIMINARY NOTIFICATION. -- NOT LATER
THAN NINETY DAYS AFTER PROMULGATION OR REVISION OF REGULATIONS UNDER
SECTION 3001 IDENTIFYING BY ITS CHARACTERISTICS OR LISTING ANY SUBSTANCE
AS HAZARDOUS WASTE SUBJECT TO THIS SUBTITLE, ANY PERSON GENERATING OR
TRANSPORTING SUCH SUBSTANCE OR OWNING OR OPERATING A FACILITY FOR
TREATMENT, STORAGE, OR DISPOSAL OF SUCH SUBSTANCE SHALL FILE WITH THE
ADMINISTRATOR (OR WITH STATES HAVING AUTHORIZED HAZARDOUS WASTE PERMIT
PROGRAMS UNDER SECTION 3006) A NOTIFICATION STATING THE LOCATION AND
GENERAL DESCRIPTION OF SUCH ACTIVITY AND THE IDENTIFIED OR LISTED
HAZARDOUS WASTES HANDLED BY SUCH PERSON. NOT MORE THAN ONE SUCH
NOTIFICATION SHALL BE REQUIRED TO BE FILED WITH RESPECT TO THE SAME
SUBSTANCE. NO IDENTIFIED OR LISTED HAZARDOUS WASTE SUBJECT TO THIS
SUPTITLE MAY BE TRANSPORTED, TREATED, STORED, OR DISPOSED OF UNLESS
NOTIFICATION HAS BEEN GIVEN AS REQUIRED UNDER THIS SUBSECTION.
"(B) EFFECTIVE DATE OR REGULATION. -- THE REGULATIONS UNDER THIS
SUBTITLE RESPECTING REQUIREMENTS APPLICABLE TO THE GENERATION,
TRANSPORTATION, TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE
(INDLUDING REQUIREMENTS RESPECTING PERMITS FOR SUCH TREATMENT, STORAGE,
OR DISPOSAL) SHALL TAKE EFFECT ON THE DATE SIX MONTHS AFTER THE DATE OF
PROMULGATION THEREOF (OR SIC MONTHS AFTER THE DATE OF REVISION IN THE
CASE OF ANY REGULATION WHICH IS REVISED AFTER THE DATE REQUIRED FOR
PROMULGATION THEREOF).
42 USC 6931. SEC. 3011. (A) AUTHORIZATION. -- THERE IS AUTHORIZED
TO BE A-PROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND
1979 TO BE USED TO MAKE GRANTS TO THE STATES FOR PURPOSES OF ASSISTING
THE STATES IN THE DEVELOPMENT AND IMPLEMENTATION OF AUTHORIZED STATE
HAZARDOUS WASTE PROGRAMS.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 064 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105361
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
"(B) ALLOCATION. -- AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER
SUBSECTION (A) SHALL BE ALLOCATED AMONG THE STATES ON THE BASIS OF
REGULATIONS PROMULGATED BY THE ADMINISTRATOR, AFTER CONSULTATION WITH
THE STATES, WHICH TAKE INTO ACCOUNT, THE EXTENT TO WHICH HAZARDOUS WASTE
IS GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHIN SUCH
STATE, THE EXTENT OF EXPOSURE OF HUMAN BEINGS AND THE ENVIRONMENT WITHIN
SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR
DEEMS APPROPRIATE.
96TH CONGRESS 2ND SESSION
REPORT ON HAZARDOUS WASTE MANAGEMENT AND IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
800300
800319
SUMMARY OF FINDINGS AND RECOMMENDATIONS
CHAPTER 1 SECTION 3001
CORNERSTONE OF SUBTITLE C; REVISION AND
REDUCTION
CHAPTER 2 DELAYS IN IMPLEMENTATION OF SUBTITLE C
CHAPTER 3 NATIONAL RESPONSE AND ENFORCEMENT
CHAPTER 4 INADEQUATE ORGANIZATIONAL EMPHASIS ON HAZARDOUS WASTES: MEDIA TRANSMISSION APPROACH
APPENDIX 1
THE RESOURCE CONSERVATION AND RECOVERY ACT: LEGISLATION AIMED AT CLOSING THE GAP IN ENVIRONMENTAL PROTECTION
90 STAT 2806
PUBLIC LAW 94-580 761021 AN ACT
APPENDIX 2
PART 065 OF 65
RIBICOFF A CHAIRMAN
LEVIN C CHAIRMAN
COSTLE DM
MARINO AA EXECUTIVE OFFICER
SUBCOMMITTEE ON OVERSIGHT GOVERNMENT MANAGEMENT
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
US ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA SOLID WASTE MANAGEMENT BOARD
105362
REPORT STUDY
CORRESPONDENCE
ACT
SENATE
IN CONGRESSIONAL TESTIMONY AND CORRESPONDENCE, THE CALIFORNIA STATE
SOLID WASTE MANAGEMENT BOARD HAS NOTED THE SUPERIOR POSITION ACCORDED
AIR AND WATER QUALITY PROGRAMS WITHIN THE ENVIRONMENTAL PROTECTION
AGENCY (EPA) HIERARCHY. AIR AND WATER QUALTIY PROGRAMS ARE WELL
ESTABLISHED AND PROPERLY FUNDED. SOLID WASTE MANAGMEENT, ON THE OTHER
HAND, IS IN A FORMATIVE STAGE, ITS PROGRAMS DEVELOPMENTAL AND ITS
FUNDING UNCERTAIN. FOR THESE AND OTHER REASONS THE ADMINISTRATORS OF
EPA'S AIR AND WATER PROGRAMS HAVE BEEN GIVEN THE STATUS OF ASSISTANT
ADMINISTRATORS, WHILE THE ADMINISTRATOR OF SOLID WASTE IS CONSIDERED A
DEPUTY ASSISTANT ADMINISTRATOR.
WE THINK THIS SHOULD CHANGE: THE OFFICE OF SOLID WASTE SHOULD BE
GIVEN EQUAL RANK WITH AIR AND WATER PROGRAMS WITH AN ACCOMPANYING
ELEVATION IN THE RANK OF THE CHIEF ADMINISTRATIVE OFFICER FOR SOLID
WASTE. SOLID WASTE MANAGEMENT (WHICH WE IN CALIFORNIA CALL THE "3RD
ENVIRONMENT"), IS AN EMERGING AND FAST GROWING CONCERN, ENCOMPASSING AIR
AND WATER ISSUES AS WELL AS HEALTH AND SAFETY PROBLEMS, AESTHETIC AND
NUISANCE PROBLEMS, LAND USE PROBLEMS, BUSINESS AND CONSUMER PROBLEMS,
AND POLITICAL PROBLEMS. SUCH A DIVERSE CONCERN DESERVES APPROPRIATE
ORGANIZATIONAL ATTENTION.
NUMBEROUS CITIES IN AMERICA ARE FACED WITH SOLID WASTE MANAGEMENT
CRISES -- PARTICULARLY PROBLEMS WITH SITING NEEDED DISPOSAL AREAS, AND
CONSEQUENT PROBLEMS OF WHERE TO DISPOSE OUR WASTE. AT TIMES THE SITING
PROBLEMS ARE POLITICAL AND SOCIO-ECONOMIC, WHILE AT OTHER TIMES THE
PROBLEMS ARE ENVIRONMENTAL. THESE PROBLEMS DEMAND SUITABLE ATTENTION
FROM THE LOCAL LEVEL TO THE FEDERAL LEVEL.
HAZARDOUS WASTE MANAGEMENT, IS BECOMING THE MOST CAREFULLY
SCRUTINIZED ASPECT OF SOLID WASTE MANAGEMENT. PRIVATE CITIZENS,
POLITICIANS, ENVIRONMENTAL GROUPS, AND THE MEDIA ARE EXPRESSING A
CONCERN THAT SOLID WASTE MANAGEMENT, ESPECIALLY HAZARDOUS WASTE, WILL
BECOME THE ENVIRONMENTAL PROBLEM OF THE 1980'S. THE DANGER IS AT ONCE
IMMINENT AND UNCLEAR, THE MANAGEMENT UNCERTAIN, AND THE FUNDING
INADEQUATE.
PRESENTLY, THE MONIES AVAILABLE FOR GRANTS UNDER SOLID-WASTE PROGRAMS
CANNOT COMPARE WITH THE FUNDS AVILABLE UNDER THE AIR AND WATER PROGRAMS.
CLEARLY, THIS SITUATION SHOULD CHANGE FOR THE ABOVE STATED REASONS.
THE REQUESTS FOR FUNDING TO DETERMINE 'IMMINENT HAZARDS' FROM IMPROPER
WASTE DISPOSAL WOULD SUBSTANTIALLY INCREASE AVAILABLE MONIES.
CONSEQUENTLY, SOLID WASTE MANAGEMENT WILL PROBABLY SURPASS THE AIR
QUALITY PROGRAMS' SIGNFICANCE AND FUNDING LEVELA ND BE COMPARABLE WITH
THE WATER QUALITY PROGRAMS. THIS PROVIDES FURTHER JUSTIFICATION FOR THE
ELEVATION OF THE OFFICE OF SOLID WASTE AND ITS ADMINISTRATOR. FURTHER,
WITHOUT ADMINISTRATION OF EAUAL RANK TO WATER AND AIR, SOLID WASTE
MANAGEMENT CONCERNS ARE SECONDARY TO THE OTHER TWO ENVIRONMENTS. THIS
COULD RESULT IN EXPENDITURES TO CLEAN AIR AND WATERWAYS, AT THE EXPENSE
OF BEING ABLE TO PROPERLY DISPOSE OF SOLID WASTE. SOLUTION TO ONE
PROBLEM SHOULD NOT BE AT THE EXPENSE OF SOLVING THE OTHER.
IN SUMMARY, THE SOLID WASTE MANAGEMENT BOARD SUPPORTS A MOVE TO
UPGRAD THE STATUS OF THE OFFICE FO SOLID WASTE. SOLID WASTE MANAGMEENT
DESERVES PROPER FUNDING AND ADMINISTRATIVE ATTENTION. FOR TOO LONG, THE
POLLUTION OF THE LAND HAS BEEN UNCHECKED, WHILE AIR AND WATER POLLUTION
HAVE BEEN COMBATTED VIGOROUSLY. HOWEVER, THIS CANNOT CONTINUE;
POLLUTION OF THE LAND WILL REMAIN AN ENVIRONMENTAL PROBLEM UNLESS
PROPERLY MITIGATED. AN ASSISTANT ADMINISTRATOR FOR SOLID WASTE WILL
ENHANCE THIS STRUGGLE.
THE NEED FOR A NATIONAL MATERIALS POLICY
HEARINGS BEFORE THE PANEL ON MATERIALS POLICY OF THE SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION OF THE COMMITTEE ON PUBLIC WORKS
UNITED STATES SENATE NINETY-THIRD CONGRESS SECOND SESSION ON S. 3560, S. 3549, S. 1086, S. 3277, AND S. 3954 SERIAL NO. 93-H47 PART 2
740709, 740710, 740711, 740715, 740716
US. SENATE
COMMITTEE ON PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
106446
S641-12
HEARINGS
TRANSCRIPT
SENATE
PRINTED FOR THE USE OF THE COMMITTEE ON PUBLIC ORKS
COMMITTEE ON PUBLIC WORKS EDMUND S. MUSKIE, MAINE JOSEPH M. MONOYA,
NEW MEXICO MIKE GRAVEL, ALASKA LLOYD BENTSEN, TEXAS QUENTIN N. BURDICK,
NORTH DAKOTA DICK CLARK, IOWA JOSEPH R. BIDEN, JR., DELAWARE HOWARD H.
BAKER, JR., TENNESSEE JAMES L. BUCKLEY, NEW YORK ROBERT T. STAFFORD,
VERMONT WILLIAM L. SCOTT, VIRGINIA JAMES A. MCCLURE, IDAHO PETE V.
DOMENICI, NEW MEXICO M. BARBY MEYER, CHIEF COUNSEL AND CHIEF CLERK
BAILEY GUARD, MINORITY CLERK; RICHARD A HELLMAN, MINORITY COUNSEL LEON
G. BILLINGS, SENIOR STAFF MEMBER PHILIP T CUMMINGS, ASSISTANT CHIEF
COUNSEL; JOHN W. YAGO, JR., ASSISTANT CHIEF CLERK JAMES R. READLE,
RICHARD M HARRIS, MARGARET L. WORKMAN, AND RICHARD E. HEROD (MINORITY),
ASSISTANT COUNSELS RICHARD E. KAIT (MINORITY), LEGAL ASSISTANT
PROFESSIONAL AND RESEARCH STAFF: KARL R. BRAITHWAITE
HAROLD H. BRAYMAN, PAUL CHIMES, TRENTON CROW, KATHERINE Y. CUDLIPP
PAUL F. EBELTOFT, JR., GEORGE F. FENTON, JR., RANDOLPH G. FLOOD
KATHALEEN R. E. FORCUM, ANN GARRABRANT, RICHARD T. GREER,
RICHARD D. GRUNDY, WESLEY F. HAYDEN, VERONICA A. HOLLAND
RONALD L. KATZ, LARRY D. MEYERS, CLARK F. NORTON, JUDY F. PARSENTE
JOHN B. PURINTON, JACQUELINE E. SCHAFER, DIANE L. STEWART,
CHARLENE A. STORBITTS, E. STEVENS SWAIN, JR.,AND SALLY W. WALKER.
SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION EDMUND S MUSKIE, MAINE,
CHAIRMAN JENNINGS RANDOLPH, WEST VIRGINIA LLOYD BENTSEN, TEXAS DICK
CLARK, IOA JOSEPH R. BIDEN, JR., DELAWARE JAMES L. BUCKLEY, NEW YORK
HOWARD H. BAKER, JR., TENNESSEE ROBERT T. STAFFORD, VERMONT JAMES A.
MCCLURE, IDAHO PETE V. DOMENICI, NEW MEXICO
PANEL ON MATERIALS POLICY JENNINGS RANDOLPH, WEST VIRGINIA EDMUND S.
MUSKIE, MAINE LLOYD BENTSEN, TEXAS JOSEPH R. BIDEN, JR., DELAWARE ROBERT
T. STAFFORD, VERMONT JAMES A. MCCLURE, IDAHO PETE V. DOMENICI, NEW
MEXICO
CONTENTS
TABLE OF CONTENTS OMITTED
TABLE OF CONTENTS OMITTED
OPENING STATEMENT OF RANDOLPH J
THE NEED FOR A NATIONAL MATERIALS POLICY
RANDOLPH J SENATOR, WV
U.S. SENATE
106450
HEARING
TRANSCRIPT
SENATE
TUESDAY, JULY 9, 1974
THE PANEL MET AT 9:30 A.M.,PURSUANT TO CALL, IN ROOM 4200, DIRKSEN
SEATE OFFICE BUILDING, HON. JENNINGS RANDOLPH (CHAIRMAN OF THE FULL
COMMITTEE) PRESIDING.
PRESENT: SENATORS RANDOLPH, GRAVEL, BIDEN, STAFFORD, AND DOMENICI.
SENATOR RANDOLPH. GOOD MORNING, LADIES AND GENTLEMEN.
NEARLY 1 MONTH AGO OUR PANEL ON MATERIALS POLICY FORMALLY BEGAN TO
FUNCTION BY CONVENING A SERIES OF HEARINGS ON MATERIALS POLICY AND SOLID
WASTE ISSUES.
TODAY IS THE FIRST OF 7 DAYS OF HEARINGS ON SPECIFIC LEGISLATIVE
PROPOSALS THAT ATTEMPT TO COPE WITH THE SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY PROBLEM FACING AMERICAN CITIES. WE TRUST THAT WE WILL
PROCEED IN A PRODUCTIVE MANNER.
THESE HEARINGS WILL REVIEW THE FOLLOWING BILLS: S.3560, THE SOLID
WASTE UTILIZATION ACT OF 1974, WHICH I INTRODUCED IN THE SENATE;
S.3549, THE ENERGY RECOVERY AND RESOURCE CONSERVATION ACT OF 1974,
INTRODUCED BY SENATOR MUSKIE; S.3277, THE ENERGY AND RESOURCE RECOVERY
ACTOF 1974, SINTRODUCED BY SENATOR DOMENICI; S.1086, THE HAZARDOUS
WASTE MANAGEMENT ACT OF 1973, INTRODUCED BY SENATOR BAKER ON BEHALF OF
THE ADMINISTRATION; AND S.3954, THE RESOURCE CONSERVATION AND ENERGY
RECOVERY ACT OF 1974, INTRODUCED BY SENATOR HART.
I THINK IT IS NECESSARY AT THE OUTSET TO EXPLAIN THE LEGISLATIVE
SITUATION AS WE MOVE FORWARD IN THESE HEARINGS. I REFER TO A VERSION OF
SENATOR HART'S BILL WHICH IS BEFORE THE COMMITTEE ON COMMERCE. IT ALSO
WAS REINTRODUCED BY THE ABLE SENATOR FROM MICHIGAN FOR PURPOSES OF
CONSIDERATION BY THE COMMITTEE ON PUBLIC WORKS.
THIS MORNING THE PANEL ON MATERIALS POLICY WILL HEAR WITNESSES
REPRESENTING STATE AND COUNTY AND CITY GOVERNMENTS. IT IS AT THE LOCAL
LEVEL THAT THE SOLID WASTE BATTLE MUST BE FOUGHT. IF THE PREDICTION
THAT AMERICA WILL BE BURIED IN ITS OWN GARBAGE IS TO BE MADE A FALSE
PROPHECY, LOCAL PUBLIC OFFICIALS ON THE FIRING LINE ARE WELL AWARE OF
THE MAGNITUDE OF THE PROBLEM.
IN A RECENT POLL, MUNICIPAL OFFICIALS LIST SOLID WASTE AT THE TOP OF
28 MAJOR PROBLEMS FACING URBAN AREAS.
SOLID WASTE PROBLEMS INVOLVE MORE THAN JUST MERE DISPOSAL OF WHAT WE
CALL DISCARDS. THE ENERGY CRISIS AND THE CONTINUING ATTENTION WHICH WE
MUST GIVE TO THIS SUBJECT AND THE GROWING SHORTAGES OF RAW MATERIALS
MAKE IT ESSENTIAL THAT WE DEVISE AND IMPLEMENT RESOURCE RECOVERY.
THIS COUNTRY, OUR ECONOMY GENERALLY, HAS GROWN RICH WITH USE AND
DISCARD ATTITUDES MADE POSSIBLE BY WHAT WE THOUGHT WAS AN INEXHAUSTIBLE
SUPPLY OF RESOURCES.
I PAUSE TO SAY WE HAVE HAD A RUDE AWAKENING, THAT THAT IS A FALSE
ASSUMPTION. REALITY IS NOW FORCING US TO ADOPT CONSERVATION ATTITUDES
AND TO DEVELOP THE POTENTIAL FOR REUSING MANY MATERIALS THAT WE FORMERLY
CONSIDERED AS WASTE.
IN THE ENERGY FIELD ALONE THE ENVIRONMENTAL PROTECTION AGENCY
ESTIMATES THAT WE CAN SAVE THE EQUIVALENT OF 521,000 BARRELS OF OIL --
NOT MONTHLY, NOT WEEKLY -- BUT DAILY, THROUGH BETTER SOLID WASTE
MANAGEMENT AND RESOURCE RECOVERY METHODS. THIS IS EQUIVALENT TO 35
PERCENT OF THE OIL THAT WILL BE DELIVERED THROUGH THE ALASKA PIPELINE.
THE SOLID WASTE AND RESOURCE RECOVERY LEGISLATION THAT IS NOW PENDING
BEFORE US REFLECTS A GROWING CONCERN I HOPE BY ALL THE AMERICAN PEOPLE,
NOT ONLY BY THOSE IN CONGRESS, TO THE MAGNITUDE OF THIS NATIONAL AND
CONSTANTLY GROWING PROBLEM.
THE MEASURES THAT WE HAVE BEFORE US INCLUDE A VARIETY OF APPROACHES
TO MEET THE CHALLENGE. I THINK ALL THE BILLS ARE WITH ONE MAIN PURPOSE.
DURING THESE HEARINGS WE WILL EXPLORE WITH WITNESSES HOW BEST TO
CREATE A PROGRAM THAT WILL PROVIDE A REALISTIC AND WORKABLE RESPONSE TO
THE MULTIPLE SOLID WASTE AND RESOURCE RECOVERY QUESTIONS THAT CONTINUE
TO BE DISCUSSED.
SHORTLY AFTER THESE HEARINGS HAVE CONCLUDED WE WILL MEET TO DRAFT A
COMPREHENSIVE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY BILL. IT IS
MY HOPE, AND I THINK IT IS SHARED BY OTHER MEMERS OF THE PANEL AND OUR
COMMITTEE, THAT WE WILL PRODUCE PERHAPS A WIDE RANGING BILL REFLECTING
THE BEST ELEMENTS OF ALL OF THE MEASURES THAT ARE BEFORE US THAT I HAVE
MENTIONED AND PERHAPS ADDITIONAL LEGISLATIVE PROPOSALS THAT WILL COME TO
OUR ATTENTION.
THEN WE WILL FACILITATE SUBSTANTIAL NEW EFFORTS IN THIS VITAL AREA OF
ATTENTION AND CONCERN.
DURING THESE HEARINGS WE ARE GOING TO HAVE MANY INDIVIDUALS AND
ORGANIZATIONS TESTIFY. DIFFERING VIEWPOINTS OF COURSE WILL BE SET
FORTH.
AS THE CHAIRMAN OF THE PANEL I WELCOME EXPRESSIONS OF DIVERSE OPINION
FOR IT IS HIGHLY IMPORTANT AS A PART OF THE LEGISLATIVE PROCESS THAT WE
KNOW AND IF WE CAN UNDERSTAND THE THOUGHTS, THE CONVICTIONS OF THE
PEOPLE AND, OF COURSE,THIS MEANS ALL OF THE PEOPLE IF THEY RESPOND WHO
ARE AFFECTED BY WHAT WE IN PART SHALL DO HERE.
A NATION, I REMIND ALL OF US THIS MORNING, THAT PRODUCES NEARLY 4.5
BILLION TONS OF SOLID WASTE A YEAR MUST CERTAINLY GIVE A MAJOR ATTENTION
TO WAYS OF CONVERTING THIS HUGE WASTE INTO USEFUL MATERIALS -- I REPEAT,
4.5 BILLION TONS OF SOLID WASTE A YEAR.
SO THAIS OUR PURPOSE THIS MORNING THROUGH THESE HEARINGS AND IN THE
COMING WEEKS.
I AM SURE THAT THE MEMBERS OF OUR PANEL WISH TO EXPLORE IN DEPTH
THESE MATTERS. THEY ARE OF MUTUAL CONCERN NOT ONLY OF THE MEMBERS OF
THE PANEL BUT THOSE WHO TESTIFY AND THOSE WHO ARE GUESTS AT THE
HEARINGS. INDIVIDUAL CITIZENS WILL CAREFULLY EXAMINE WHAT WE ARE DOING
HERE. THEREFORE I AGAIN EXPRESS THE THOUGHT THAT THOSE PERSONS WHO
WOULD WISH TO COMMUNICATE WITH THE COMMITTEE SHOULD ADDRESS THEIR
LETTERS TO US BECAUSE IT IS UNDERSTANDABLE THAT WE MAY OVERLOOK
INFORMATION, BACKGROUND MATERIAL, AND INNOVATIVE PROPOSALS THAT YOU AND
OTHERS WHO ARE NOT HERE TODAY MIGHT PLACE BEFORE US.
SENATOR STAFFORD, AS WE BEGIN THESE IMPORTANT HEARINGS KNOING OF YOUR
INTENSE INTEREST IN THIS SUBJECT MATTER, I WOULD WISH TO GIVE YOU THE
OPPORTUNITY FOR ANY COMMENT BEFORE TEE WITNESSE ARE HEARD.
OPENING STATEMENT OF STAFFORD RT
THE NEED FOR A NATIONAL MATERIALS POLICY
STAFFORD R T SENATOR, VT
U.S. SENATE
106452
HEARING
SENATE
TRANSCRIPT
SENATOR STAFFORD. THANK YOU VERY MUCH, MR CHAIRMAN.
I AM PLEASED, MR CHAIRMAN, THAT UNDER YOUR LEADERSHIP WE HAVE BEGUN
THE LEGISLATIVE HEARINGS THAT WILL PERMIT US TO REPORT NEW
COMPREHENSIVE, SOLID WASTE RESOURCE RECOVERY LEGISLATION IN THE WEEKS
AHEAD. I AM PARTICULARLY PLEASED WE ARE STARTING THESE HEARINGS WITH
WITNESSES FROM STATE, COUNTY, AND LOCAL GOVERNMENTS. THESE INDIVIDUALS
ARE IN THE FRONT LINES OF THE BATTLE AGAINST SOLID WASTE AND FOR
IMPROVED RESOURCE RECOVERY.
I TRUST THAT LEGISLATION WHICH WE DEVELOP AS A RESULT OF THESE
HEARINGS WILL BE CONSTRUCTIVE AND POSITIVE IN AIDING STATES AND
LOCALITIES TO BETTER WAGE THIS BATTLE.
WITHOUT ATTEMPTING TO PREJUDGE WHAT FORM THAT LEGISLATION MIGHT TAKE
I BELIEVE THAT THE PRESSURE OF TIME UNDER WHICH WE ARE WORKING MAY MAKE
IT IMPOSSIBLE TO PRODUCE AS COMPREHENSIVE A BILL IN TERMS OF REGULATION
AND ASSISTANCE THAT WE MIGHT WISH.
IF THIS PERCEPTION PROVES TO BE CORRECT I HOPE THAT WE WILL AT
LEAST NOT ENACT ANY PROVISIONS THAT INHIBIT INNOVATIVE AND
WORTHWHILE STEPS BY STATES AND LOCALITIES TO REDUCE THE SOLID
WASTE BURDENS AND BETTER RECOVER ENERGY AND MATERIALS FROM SOLID
WASTE THAT ARE COLLECTED.
IN THIS REGARD I AM PLEASED TO NOTE THAT GRANT MERRITT IN HIS
PREPARED STATEMENT TO BE GIVEN THIS MORNING RECOGNIZES THAT SOURCE
REDUCTION PROGRAMS SHOULD COEXIST WITH RESOURCE RECOVERY PROGRAMS.
WITH THESE FEW REMARKS, MR CHAIRMAN, I LOOK FORWARD TO HEARING OUR
WITNESSES THIS MORNING AND IN THE NEXT 6 DAYS OF HEARINGS. I THINK WE
ARE WELL ON OUR WAY TOWARDS HAVING SIGNIFICANT NEW ENERGY AND RESOURCE
RECOVERY LEGISLATION WITH THE MAJOR AIR AND WATER QUALITY AUTHORITIES
THAT THIS COMMITTEE HAS PRODUCED.
I AM ALWAYS VERY PLEASED, MR CHAIRMAN, TO SERVE UNDER YOUR LEADERSHIP
ON ANY COMMITTEE IN THE SENATE THAT WE WORK ON TOGETHER.
SENATOR RANDOLPH. THANK YOU, SENATOR STAFFORD. WE WILL CONTINUE TO
APPROACH THESE PROBLEMS IN THE OBJECTIVE, CONSTRUCTIVE WAY THAT IS THE
COMMITMENT OF THIS PANEL. WE APPRECIATE YOUR PRESENCE HERE AT THE
OPENING SESSION.
SENATOR DOMENICI, YOU ARE THE AUTHOR OF ONE OF THE BILLS THAT WILL BE
ACTIVELY CONSIDERED DURING THESE HEARINGS AND THE MARKUP SESSIONS. I
KNOW OF YOUR CONSIDERABLE STUDY IN PREPARATION FOR THESE HEARINGS AND WE
WOULD WELCOME COMMENTS FROM YOU BEFORE THE WITNESSES ARE HEARD TODAY.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
PART 001 OF 196
DOMENICI PV SENATOR, NM
U.S. SENATE
106453
HEARING
SENATE
TRANSCRIPT
BILL
SENATOR DOMENICI. THANK YOU VERY MUCH, MR. CHAIRMAN.
I, TOO, ECHO THE REMARKS OF OUR RANKING MEMBER. I AM PARTICULARLY
PLEASED TO PARTICIPATE IN THESE HEARINGS BECAUSE I BELIEVE THEY MARK A
TURNING POINT IN OUR ATTITUDE TOWARD THE TREATMENT OF SOLID WASTE.
THE BILL WHICH WILL EMERGE AS A RESULT OF THESE HEARINGS AND
SUBSEQUENT EFFORTS OF THE COMMITTEE ON PUBLIC WORKS MAY WELL HAVE THE
SAME KIND OF VITALIZING EFFECT AS THE CLEAN AIR AMENDMENTS OF 1970 HAD
IN THE EFFORT AGAINST AIR POLLUTION. TO AN ACT WHICH WAS PRIMARILY
ORIENTED TOWARD RESEARCH AND STUDY, THOSE AMENDMENTS ADDED BOTH
INDUCEMENTS AND REQUIREMENTS TO ACTION; THEY PROVIDED BOTH THE CARROT
AND STICK.
ALTHOUGH THE PATH HAS BEEN DIFFICULT, AND STILL IS, PEOPLE NOW KNOW
WHAT THEY CAN EXPECT, AND POLLUTERS HAVE A CLEAR DEFINITION OF WHAT THEY
MUST ACHIEVE. WE HAVE PROGRESSED FROM WORRYING ABOUT WHAT TO DO, TO
DISCUSSING HOW WE CAN DO IT, AND WHEN.
ALTHOUGH IT HAS BEEN IN EXISTENCE NEARLY AS LONG AS THE CLEAN AIR
ACT, THE SOLID WASTE DISPOSAL ACT IS STILL RELATIVELY TOOTHLESS. IT
DEALS ALMOST ENTIRELY WITH RESEARCH, DEMONSTRATION AND PLANNING. ITS
ONLY MEANS OF INDUCING ACTION IS GRANTS FOR PLANNING, RESEARCH,
DEMONSTRATION OF NEW DISPOSAL SYSTEMS, CONSTRUCTION OF NEEDED MUNICIPAL
FACILITIES, AND TRAINING OF THE MANPOWER NEEDED TO OPERATE AND MANAGE
DISPOSAL FACILITIES. BUT THERE ARE TIMES WHEN COAXING ISN'T ENOUGH. IT
IS PARTICULARLY HARD WHEN THE FUNDS ARE IMPOUNDED, OR LEFT OUT OF THE
FEDERAL BUDGET, AS NEARLY HAPPENED LAST YEAR.
WE ARE GOING TO PUT TEETH IN THE SOLID WASTE ACT. EACH OF THE
PENDING BILLS INVOLVES SOME KIND OF STANDARDS AND REGULATIONS WHICH ARE
TO BE MET. MOST OF THE BILLS EXPLICITLY INCLUDE PROCEDURES FOR
ENFORCING THOSE STANDARDS AND REGULATIONS, AND DEADLINES FOR PUTTING
THEM INTO EFFECT.
IT WAS THIS COMBINATION OF STANDARDS AND DEADLINES WHICH MADE THE
CLEAN AIR ACT AN EFFECTIVE INSTRUMENT OF PUBLIC POLICY. WE WILL PROVIDE
THE ADMINISTRATOR OF THE EPA WITH AN EQUALLY EFFECTIVE TOOL FOR DEALING
WITH SOLID WASTE TREATMENT AND RESOURCE RECOVERY.
A SECOND MAJOR CHANGE IS THE HEAVY EMPHASIS ON RECOVERY OF ENERGY AND
RESOURCES FROM SOLID WASTE. IN THE ORIGINAL SOLID WASTE DISPOSAL ACT OF
1965, THE FLAVOR WAS VERY MUCH THAT SOLID WASTE WAS A NUISANCE, AND THE
PROBLEM WAS TO GET RID OF IT IN THE LEAST OBJECTIONABLE MANNER POSSIBLE.
THE RESOURCE RECOVERY ACT OF 1970 INTRODUCED THE CONCEPT OF RESOURCE
RECOVERY FROM SOLID WASTES ON A MORE OR LESS EQUAL FOOTING WITH
DISPOSAL. BUT, IN PRACTICE, THE EMPHASIS HAS REMAINED ON DISPOSAL
SYSTEMS. THE ENERGY CRISIS HAS MADE IT CLEAR THAT WE MUST PAY MORE
ATTENTION TO THE WASTE OF OUR ENERGY SOURCES AND, BY EXTENSION, OF OUR
OTHER NONRENEWABLE RESOURCES. WE REALIZE MORE CLEARLY NOW THAT SIMPLE
DISPOSAL OF SOLID WASTE IS, ITSELF, WASTEFUL.
THE TITLES OF THE BILLS NOW PENDING REFLECT THIS CONCERN: "THE SOLID
WASTE UTILIZATION ACT", "THE ENERGY RECOVERY AND RESOURCE MANAGEMENT
ACT", AND MY BILL, "THE ENERGY AND RESOURCES RECOVERY ACT".
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
PART 002 OF 196
DOMENICI PV SENATOR, NM
U.S. SENATE
106454
HEARING
SENATE
TRANSCRIPT
BILL
I BELIEVE THAT THIS ASPECT OF SOLID WASTE TREATMENT IS SO IMPORTANT
THAT MY BILL. S. 3277, INCLUDES A PROVISION FOR ESTABLISHING WITHIN THE
EPA AN OFFICE OF ENERGY AND RESOURCE RECOVERY, SO THAT AN IDENTIFIABLE
GOVERNMENTAL UNIT EXISTS WHOSE RESPONSIBILITY IT IS TO SEE THAT WE MAKE
THE BEST REUSE POSSIBLE OF RESOURCES WHICH HAS BEEN THROUGH OUR ECONOMIC
SYSTEM AND DISCARDED.
WE STILL HAVE MUCH TO LEARN ABOUT HOW TO DO THIS. THE PENDING BILLS
SHOW A RECOGNITION OF THIS FACT IN THEIR EXPANSION OR CONTINUATION OF
THE RESEARCH GRANT SYSTEM OF THE ORIGINAL SOLID WASTE DISPOSAL ACT. I
BELIEVE THAT THIS ASPECT NEEDS EVEN MORE EMPHASIS. I HAVE THEREFORE
PROVIDED IN MY BILL FOR THE ESTABLISHMENT OF STATE ENERGY AND RESOURCES
RECOVERY RESEARCH INSTITUTES AT A COLLEGE OR UNIVERSITY IN EACH STATE.
I BELIEVE THAT THESE CENTERS CAN PROVIDE IDEAS AND TALENTS TO
SUPPLEMENT THE RESEARCH NOW BEING CARRIED ON AT EPA LABORATORIES AND
UNDER SPECIFIC GRANTS, AND CAN RESPOND MORE EFFECTIVELY TO THE UNIQUE
PROBLEMS AND OPPORTUNITIES FOR RESOURCE RECOVERY WHICH EXIST IN EACH
STATE AND LOCALITY.
THIS EMPHASIS ON LOCAL RESPONSE TO LOCAL PROBLEMS IS ANOTHER
COMMON FEATURE OF THE BILLS BEFORE US. 2. 3277, FOR INSTANCE,
EVEN PROVIDES FOR TRANSFER OF ENFORCEMENT OF STANDARDS TO STATE
AGENCIES, AS WELL AS THE MORE USUAL CONSULTATION WITH STATE
AND LOCAL OFFICIALS IN DEVELOPING THE STANDARDS.
FURTHER, I SHARE WITH OUR CHAIRMAN, THE DISTINGUISHED SENATOR FROM
WEST VIRGINIA, THE BELIEF THAT PRIVATE ORGANIZATIONS AND INDIVIDUALS CAN
PLAY AN IMPORTANT ROLE IN REDUCING SOLID WASTE AND IN RECOVERING
RESOURCES FROM IT.
IN MY BILL, THIS TAKES THE FORM OF SMALL BUSINESS LOANS TO ASSIST IN
MAKING ADDITIONS OR ALTERATIONS IN FACILITIES OR METHODS OF OPERATION TO
RECOVER ENERGY AND RESOURCES FROM SOLID WASTE.
BEFORE I CLOSE, I WOULD LIKE TO POINT OUT ONE RATHER SUBTLE CHANGE
INCLUDED IN THE BILL INTRODUCED BY MY COLLEAGUE FROM MAINE. MR. MUSKIE.
THE DEFINITION OF "SOLID WASTE" HAS BEEN EXPANDED TO INCLUDE, AMONG
OTHER THINGS, WASTE OIL. I AGREE WITH MY COLLEAGUE THAT, WHETHER IT IS
SOLID OR NOT, WASTE OIL IS PART AND PARCEL OF THE PROBLEM OF DISPOSAL,
AND OF ENERGY AND RESOURCE RECOVERY.
I BELIEVE, HOWEVER, THAT IT HAS SOME UNIQUE CHARACTERISTICS, AND
REQUIRES SOMEWHAT DIFFERENT TREATMENT THAN MOST OTHER WASTES WITH WHICH
WE ARE DEALING.
FOR THAT REASON, I HAVE INTRODUCED A SEPARATE BILL. S. 3625,
PROVIDING APPROACHES WHICH SHOULD BE EFFECTIVE IN RETURNING MORE OF THIS
VALUABLE AND INCREASINGLY SCARCE MATERIAL TO USE.
ALTHOUGH THESE HEARINGS DO NOT DEAL WITH THAT SUBJECT, I WOULD
RESPECTFULLY SUGGEST TO THE CHARIMAN THAT THIS PANEL MIGHT HOLD HEARINGS
ON IT SOON, SO THAT THE BILL TO BE DEVELOPED IN THE PUBLIC WORKS
COMMITTEE MAY CONTAIN APPROPRIATE PROVISIONS TO DEAL WITH THIS PROBLEM.
THIS, BRIEFLY, IS MY POSITION AS THESE HEARINGS OPEN. PROGRESS HAS
BEEN MADE, BUT THE MOST IMPORTANT PROGRESS LIES BEFORE US. THESE
HEARINGS WILL SET THE STAGE FOR IT. I AM EAGER TO HEAR HOW OUR
WITNESSES VIEW THE PROBLEMS AND OUR PROPOSED SOLUTIONS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
PART 003 OF 196
DOMENICI PV SENATOR, NM
U.S. SENATE
106455
HEARING
SENATE
TRANSCRIPT
BILL
I DON'T WANT TO TAKE ANY FURTHER TIME FROM THE WITNESSES. I DO
EXPRESS MY THANKS TO THE CHAIRMAN FOR ORIGINATING THIS PANEL. I DO
BELIEVE THE U.S. SENATE WILL PRODUCE A MEANINGFUL BILL IN ONE OF THE
MOST SIGNIFICANT AREAS AT LEAST OF MUNICIPAL PROBLEMS IN THIS COUNTRY.
I THINK IF WE COMBINE REGULATION AND STANDARDS WITH RESOURCE
CONVERSION WE WILL INDEED MAKE A GIANT STRIDE BOTH AT CLEANING UP
AMERICA AND AT BETTER UTILIZATION OF MANY RESOURCES AND MATERIALS WHICH
WE INTEND TO WASTE AS PEOPLE.
I AM PREPARED TO PARTICIPATE FULLY WITH THE HOPE THAT IN THE VERY
NEAR FUTURE WE WILL BE AT MARKUP AND HAVE A SUBSTANTIAL BILL BEFORE THE
U.S. SENATE BEFORE THIS SESSION OF CONGRESS ENDS.
I THANK THE CHAIRMAN FOR HIS KINDNESS.
SENATOR RANDOLPH. THANK YOU, SENATOR DOMENICI.
(THE BILLS S.3560, S. 3549, S.1086, S.3277, AND S. 3954 FOLLOW:)
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
PART 004 OF 196
DOMENICI PV SENATOR, NM
U.S. SENATE
106456
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TRANSCRIPT
BILL
MR. RANDOLPH INTRODUCED THE FOLLOWING BILL; WHICH WAS READ TWICE AND
REFERRED TO THE COMMITTEE ON PUBLIC WORKS
TO AMEND THE SOLID WASTE DISPOSAL ACT SO AS TO ENCOURAGE TO THE
GREATEST EXTENT PRACTICABLE THE RECOVERY OF MATERIALS AND ENERGY FROM
SOLID WASTE RESIDUES, TO AUTHORIZE REGIONAL SOLID WASTE SYSTEM AND
RESOURCE RECOVERY PLANNING GRANTS, TO PROVIDE INCENTIVES FOR THE
RECOVERY OF RESOURCES FROM SOLID WASTES, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT, DIVIDED
INTO TITLES AND SECTIONS IN ACCORDANCE WITH THE FOLLOWING TABLE OF
CONTENTS, MAY BE CITED AS THE "SOLID WASTE UTILIZATION ACT OF 1974".
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
PART 005 OF 196
DOMENICI PV SENATOR, NM
U.S. SENATE
106457
HEARING
SENATE
TRANSCRIPT
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TABLE OF CONTENTS
TABLE OF CONTENTS OMITTED.
DECLARATION OF POLICY
SEC. 2. IT IS HEREBY DECLARED TO BE THE NATIONAL POLICY TO ENCOURAGE
TO THE GREATEST EXTENT PRACTICABLE THE RECOVERY OF RESOURCES, INCLUDING
ENERGY, FROM SOLID WASTE. IN THE FURTHERANCE OF THIS POLICY, IT IS THE
OBJECTIVE OF THIS ACT:
(A) TO PROHIBIT ALL OPEN BURNING OR OPEN DUMPING OF SOLID WASTE;
(B) TO PROVIDE TECHNICAL ASSISTANCE AND FINANCIAL ASSISTANCE FOR THE
CONSTRUCTION OF RESOURCE RECOVERY SYSTEMS;
(C) TO REQUIRE THE PLANNING OF SOLID WASTE MANAGEMENT SYSTEMS,
RESOURCE RECOVERY SYSTEMS, AND HAZARDOUS WASTE DISPOSAL SYSTEMS ON A
REGIONAL BASIS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(D) TO ENHANCE MARKETS FOR RECOVERED RESOURCES THROUGH (1) A
PREFERENCE IN FEDERAL PROCUREMENT POLICIES FOR GOODS OR MATERIALS
CONTAINING RECOVERED RESOURCES AND (2) THE AUTHORIZATION OF PAYMENT OF
THOSE ADDITIONAL PROCUREMENT COSTS ASSOCIATED WITH SUCH GOODS OR
MATERIALS; AND
(E) TO REQUIRE A MARKET FOR ALL RESOURCES RECOVERED FROM CONTAINERS
WHICH ARE GUARANTEED BY THE MANUFACTURERS OF SUCH CONTAINERS OR THE
MANUFACTURERS OF THE PRIMARY MATERIALS FROM WHICH SUCH CONTAINERS ARE
PRODUCED.
SEC. 3. THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE
RECOVERY ACT OF 1970 (84 STAT. 1230), IS AMENDED BY INSERTING AFTER
SECTION 212 THE FOLLOWING NEW SECTIONS AND RENUMBERING SUCCEEDING
SECTIONS ACCORDINGLY:
"SOLID WASTE DISPOSAL STANDARDS
"SEC. 213 (A) THE ADMINISTRATOR SHALL, WITHIN ONE HUNDRED AND EIGHTY
DAYS AFTER THE ENACTMENT OF THE SOLID WASTE UTILIZATION ACT OF 1974,
PROMULGATE SOLID WASTE DISPOSAL STANDARDS, INCLUDING METHODS AND
OPERATIONAL PROCEDURES, FOR THE DISPOSAL, INCLUDING STORAGE. SUCH
STANDARDS SHALL APPLY (1) TO THE DISPOSAL, INCLUDING STORAGE, OF ALL
INDUSTRIAL SOLID WASTE NOT COLLECTED BY ANY MUNICIPAL SOLID WASTE
MANAGMENT SYSTEM, (2) TO THE DISPOSAL OF SOLID WASTE FROM ANY
MUNICIPALITY WHICH HAS A POPULATION GREATER THAN TWO THOUSAND FIVE
HUNDRED, AND (3) TO THE DISPOSAL OF AGRICULTURAL AND MINERAL SOLID
WASTES NOT COLLECTED BY ANY MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(B) SUCH STANDARDS, AT THE MINIMUM, SHALL REQUIRE:
"(1) THE PROHIBITION OF ALL OPEN BURNING OR OPEN DUMPING OF SOLID
WASTES;
"(2) COMPLIANCE WITH EFFLUENT LIMITATIONS, SCHEDULES OR TIMETABLES
FOR COMPLIANCE OR OTHER REQUIREMENTS ESTABLISHED UNDER AN IMPLEMENTATION
PLAN PURSUANT TO SECTION 110 OF THE CLEAN AIR ACT, AS AMENDED (84 STAT.
1680), OR ANY NEW SOURCE STANDARD OF PERFORMANCE PROMULGATED UNDER
SECTION 111 OF SUCH ACT;
"(3) COMPLIANCE WITH ANY EFFLUENT LIMITATION OR CONDITION OF A PERMIT
UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (86 STAT.
816), AND ANY REQUIREMENT FOR AREA-WIDE SOURCES ESTABLISHED UNDER
SECTION 208 OF SUCH ACT; AND
"(4) CONSIDERATION OF THE TOTAL IMPACT OF SUCH DISPOSAL ON (A) THE
ENVIRONMENT, INCLUDING GROUNDWATERS, AND (B) ANY ESTABLISHED OR PROPOSED
LAND USE PLANS FOR THE EFFECTED AREA.
"(C) IN ORDER TO PROVIDE FOR THE ENFORCEMENT OF STANDARDS PROMULGATED
UNDER THIS SECTION, AFTER THE EFFECTIVE DATE OF SUCH STANDARDS EACH
SYSTEM FOR THE DISPOSAL OF SOLID WASTE SHALL BE DEEMED A POINT SOURCE
WITHIN THE MEANING OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS
AMENDED (86 STAT. 816), AND SHALL BE REQUIRED TO OBTAIN A PERMIT IN
ACCORDANCE WITH SECTION 402 OF SUCH ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"TECHNICAL ASSISTANCE
"SEC. 214. (A) IN CARRYING OUT THE PURPOSES OF THIS ACT, THE
ADMINISTRATOR IS AUTHORIZED TO PROVIDE TECHNICAL ASSISTANCE TO STATES,
MUNICIPALITIES, AND AGENCIES DESIGNATED PURSUANT TO SECTION 215 OF THIS
ACT, TO FACILITATE:
"(1) THE PLANNING AND IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS,
INCLUDING SYSTEMS INTENDED TO RECOVER SIGNIFICANT AMOUNTS OF ENERGY FROM
MUNICIPAL SOLID WASTE;
"(2) THE IMPLEMENTATION AND OPERATION OF EFFICIENT CONVENTIONAL SOLID
WASTE MANAGEMENT SYSTEMS;
"(3) THE PLANNING AND IMPLEMENTATION OF SOLID WASTE MANAGEMENT
SYSTEMS FOR THE DISPOSAL OF SOLID WASTE REIDUES RESULTING FROM AIR
POLLUTION CONTROL AND WATER POLLUTION CONTROL REQUIREMENTS OF FEDERAL,
STATE, OR LOCAL GOVERNMENT AGENCIES; AND
"(4) THE PLANNING AND IMPLEMENTATION OF SOLID WASTE MANAGEMENTS
SYSTEMS FOR THE DISPOSAL, INCLUDING STORAGE, OF HAZARDOUS WASTES.
"(B) SUCH ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, PROJECT
PLANNING AND FEASIBILITY STUDIES, MANAGEMENT AND OPERATIONAL ASSISTANCE,
THE PROVISION OF EXPERT CONSULTATION, AND THE DISSEMINATION OF TECHNICAL
INFORMATION.
THE NEED FOR A NATIONAL MATERIALS POLICY
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SUCH ASSISTANCE MAY BE PROVIDED THROUGH (1) PERSONNEL OF THE
ENVIRONMENTAL PROTECTION AGENCY, INCLUDING DETAIL OF SUCH PERSONNEL TO
AN AGENCY ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION, (2) THE PAYMENT OF
FUNDS AUTHORIZED FOR THIS SECTION TO OTHER DEPARTMENTS OR AGENCIES OF
THE FEDERAL GOVERNMENT, (3) THE EMPLOYMENT OF PRIVATE INDIVIDUALS,
PARTNERSHIPS, CORPORATIONS, OR SUITABLE INSTITUTIONS UNDER CONTRACTS
ENTERED INTO FOR SUCH PURPOSES, OR (4) GRANTS-IN-AID TO SUCH STATE,
MUNICIPALITY OR INTERMUNICIPALITY AGENCY DESIGNATED PURSUANT TO SECTION
215 OF THIS ACT.
"(C) OF THE FUNDS AUTHORIZED IN SECTION 222 OF THIS ACT FOR EACH
FISCAL YEAR BEGINNING AFTER JUNE 20, 1974, $5,000,000 SHALL BE AVAILABLE
TO CARRY OUT CLAUSE (A)(2) OF THIS SECTION.
"REGIONAL SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY SYSTEM
PLANNING
"SEC. 215. (A) FOR THE PURPOSE OF ENCOURAGING AND FACILITATING THE
DEVELOPMENT AND IMPLEMENTATION OF REGIONAL SOLID WASTE MANAGEMENT
SYSTEM, RESOURCE RECOVERY SYSTEM, AND HAZARDOUS WASTE DISPOSAL SYSTEM
PLANNING:
"(1) THE ADMINISTRATOR, WITHIN NINETY DAYS AFTER THE DATE OF
ENACTMENT OF THE SOLID WASTE UTILIZATION ACT OF 1974 AND AFTER
CONSULTATION WITH APPROPRIATE FEDERAL, STATE, AND LOCAL AUTHORITIES,
SHALL BE REGULATION PUBLISH GUIDELINES FOR THE IDENTIFICATION OF THOSE
SOLID WASTE MANAGEMENT AREAS WHICH, AS A RESULT OF URBAN-INDUSTRIAL
CONCENTRATIONS OR OTHER FACTORS, ARE APPROPRIATE PLANNING UNITS FOR THE
ESTABLISHMENT OF REGIONAL SOLID WASTE MANAGEMENT SYSTEMS, RESOURCE
RECOVERY SYSTEMS, AND HAZARDOUS WASTE DISPOSAL SYSTEMS, AND THE SITING
OF FACILITIES FOR INTERMUNICIPAL SYSTEMS.
THE NEED FOR A NATIONAL MATERIALS POLICY
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EACH SUCH AREA SHALL CONTAIN AT LEAST ONE URBAN CENTER AND THE
MAXIMUM SURROUNDING TERRITORY WHICH CAN BE IDENTIFIED WITH SUCH URBAN
CENTER BY TRADING PATTERNS, LABOR MARKETS, GEOGRAPHIC FEATURES,
POLITICAL BOUNDARIES, OR OTHER FACTORS ASSOCIATED WITH THE MORE
EFFICIENT SOLID WASTE MANAGEMENT AND WITH THE FACILITATION OF MORE
ECONOMIC RECOVERY OF RESOURCES FROM SOLID WASTES.
"(2) THE GOVERNOR OF EACH STATE, WITHIN SIXTY DAYS AFTER PUBLICATION
OF THE GUIDELINES ISSUES PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION,
SHALL IDENTIFY EACH SOLID WASTE MANAGEMENT AREA WITHIN THE STATE WHICH,
COMPLIES WITH SUCH GUIDELINES. NOT LATER THAN ONE HUNDRED AND TWENTY
DAYS FOLLOWING SUCH IDENTIFICATION AND AFTER CONSULTATION WITH
APPROPRIATE ELECTED AND OTHER OFFICIALS OF LOCAL GOVERNMENTS HAVING
JURISDICTION IN SUCH AREAS, THE GOVERNOR SHALL DESIGNATE (A) THE
BOUNDARIES OF EACH SUCH AREA, AND (B) A SINGLE REPRESENTATIVE
ORGANIZATION, INCLUDING ELECTED OFFICIALS FROM LOCAL GOVERNMENTS, OR
THEIR DESIGNEES, CAPABLE OF DEVELOPING EFFECTIVE REGIONAL SOLID WASTE
MANAGEMENT, RESOURCE RECOVERY, AND HAZARDOUS WASTE DISOPSAL SYSTEM PLANS
FOR SUCH AREA.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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THE GOVERNOR IN THE SAME MANNER AT ANY LATER TIME MAY IDENTIFY ANY
ADDITIONAL AREA (OR MODIFY AN EXISTING AREA) FOR WHICH HE DETERMINES
REGIONAL PLANNING TO BE APPROPRIATE AND DESIGNATE THE BOUNDARIES OF SUCH
AREAS, AND MAY DESIGNATE AN ORGANIZATION CAPABLE OF DEVELOPING EFFECTIVE
REGIONAL PLANS FOR SUCH AREA.
"(3) WITH RESPECT TO ANY SOLID WASTE MANAGEMENT AREA WHICH, PURSUANT
TO THE GUIDELINES PUBLISHED UNDER PARAGRAPH (1) OF THIS SUBSECTION, IS
LOCATED IN TWO OR MORE STATES, THE GOVERNORS OF THE RESPECTIVE STATES
SHALL CONSULT AND COOPERATE IN CARRYING OUT THE PROVISIONS OF PARAGRAPH
(2) OF THIS SUBSECTION, WITH A VIEW TOWARD (A) DESIGNATING THE
BOUNDARIES OF SUCH INTERSTATE SOLID WASTE MANAGEMENT AREA FOR THE
PURPOSE OF DEVELOPING THE MOST EFFECTIVE REGIONAL SOLID WASTE
MANAGEMENT, RESOURCE RECOVERY, AND HAZARDOUS WASTE DISPOSAL SYSTEM
PLANS, AND (B) DESIGNATING, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER
PUBLICATION OF GUIDELINES ISSUED PURSUANT TO PARAGRAPH (1) OF THIS
SUBSECTION, A SINGLE REPRESENTATIVE ORGANIZATION CAPABLE OF DEVELOPING
EFFECTIVE REGIONAL PLANS FOR SUCH AREA.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(4) IF A GOVERNOR DOES NOT ACT, EITHER BY DESIGNATING OR DETERMINING
NOT TO MAKE A DESIGNATION OF A SOLID WASTE MANAGEMENT AREA UNDER
PARAGRAPH (2) OF THIS SUBSECTION WITHIN THE TIME REQUIRED BY SUCH
PARAGRAPH OR IF, IN THE CASE OF AN INTERSTATE SOLID WASTE MANAGEMENT
AREA, THE GOVERNORS OF THE STATES INVOLVED DO NOT DESIGNATE A PLANNING
ORGANIZATION WITHIN THE TIME REQUIRED BY PARAGRAPH (3) OF THIS
SUBSECTION, THE CHIEF ELECTED OFFICIALS OF LOCAL GOVERNMENTS WITHIN AN
AREA MAY BY AGREEMENT DESIGNATE (A) THE BOUNDARIES OF SUCH AN AREA, AND
(B) SINGLE REPRESENTATIVE ORGANIZATION INCLUDING ELECTED OFFICIALS FROM
SUCH LOCAL GOVERNMENTS, OR THEIR DESIGNEES, CAPABLE OF DEVELOPING A
REGIONAL PLAN FOR SUCH AREA.
"(5) EXISTING REGIONAL AGENCIES MAY BE DESIGNATED UNDER PARACRAPHS
(2), (3), AND (4) OF THIS SUBSECTION.
"(6) DESIGNATIONS UNDER THIS SUBSECTION SHALL BE SUBJECT TO THE
APPROVAL OF THE ADMINISTRATOR.
"(B)(1) WITHIN ONE YEAR AFTER THE DATE OF DESIGNATION OF ANY
ORGANIZATION UNDER SUBSECTION (A) OF THIS SECTION SUCH ORGANIZATION
SHALL HAVE IN OPERATION A CONTINUING REGIONAL SOLID WASTE MANAGEMENT,
RESOURCE RECOVERY, AND HAZARDOUS WASTE DISPOSAL SYSTEM PLANNING PROCESS
CONSISTENT WITH SECTION 213 OF THIS ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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PLANS PREPARED IN ACCORDANCE WITH THIS PROCESS SHALL CONTAIN
ALTERNATIVES FOR SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND
HAZARDOUS WASTE DISPOSAL AND SHALL BE APPLICABLE TO ALL SOLID WASTES
GENERATED WITHIN THE AREA INVOLVED. THE INITIAL PLAN PREPARED IN
ACCORDANCE WITH SUCH PROCESS SHALL BE CERTIFIED BY THE GOVERNOR AND
SUBMITTED TO THE ADMINISTRATOR NOT LATER THAN TWO YEARS AFTER THE
PLANNING PROCESS IS INITIATED.
"(2) ANY PLAN FOR A SOLID WASTE MANAGEMENT AREA PREPARED UNDER SUCH
PLANNING PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
"(A)(I) THE IDENTIFICATION OF SOLID WASTE MANAGEMENT, RESOURCE
RECOVERY, AND HAZARDOUS WASTE DISPOSAL NEEDS OVER FIVE-, TEN-, AND
TWENTY-YEAR PERIODS, UPDATED EVERY THREE YEARS, INCLUDING PUBLIC AND
PRIVATE FACILITIES, AND ANY REQUIREMENTS FOR THE ACQUISITION OF LAND AND
(II) A PROGRAM TO PROVIDE THE NECESSARY FINANCIAL ARRANGEMENTS TO MEET
SUCH NEEDS;
"(B) THE ESTABLISHMENT OF CONSTRUCTION PRIORITIES FOR SUCH SYSTEMS OR
FACILITIES AND TIME SCHEDULES FOR THEIR INITIATION AND COMPLETION;
"(C) THE ESTABLISHMENT OF A REGULATORY PROGRAM TO REGULATE THE
LOCATION, MODIFICATION, AND CONSTRUCTION OF ANY FACILITIES;
"(D) THE IDENTIFICATION OF THOSE AGENCIES NECESSARY TO CONSTRUCT,
OPERATE, AND MAINTAIN ALL FACILITIES REQUIRED BY THE PLANS AND TO
OTHERWISE CARRY OUT THE PLANS;
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(E) THE IDENTIFICATION OF THE MEASURES NECESSARY TO CARRY OUT THE
PLANS INCLUDING (I) FINANCING, (II) THE PERIOD OF TIME NECESSARY TO
CARRY OUT THE PLANS, (III) THE COSTS OF CARRYING OUT THE PLANS WITHIN
THE TIME PERIOD SPECIFIED, AND (IV) THE ECONOMIC, SOCIAL AND
ENVIRONMENTAL IMPACT OF CARRYING OUT THE PLANS WITHIN SUCH TIME PERIOD;
AND
"(F) PROVISIONS TO ASSURE COMPLIANCE WITH SECTION 213 OF THIS ACT.
"(3) SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND HAZARDOUS WASTE
DISPOSAL SYSTEM PLANS SHALL BE CERTIFIED ANNUALLY BY THE GOVERNOR OR HIS
DESIGNEE (FOR GOVERNORS OR THEIR DESIGNEES, WHERE MORE THAN ONE STATE IS
INVOLVED) AS BEING CONSISTENT WITH APPLICABLE STATEWIDE POLICIES. SUCH
PLANS SHALL BE SUBMITTED TO THE ADMINISTRATOR FOR HIS APPROVAL.
"(E)(1) THE GOVERNOR OF EACH STATE, IN CONSULTATION WITH THE PLANNING
AGENCY DESIGNAGED UNDER SUBSECTION (A) OF THIS SECTION, AT THE TIME ANY
PLAN IS SUBMITTED TO THE ADMINISTRATOR, SHALL DESIGNATE ONE OR MORE
MANAGEMENT AGENCIES (WHICH MAY BE AN EXISTING OR NEWLY CREATED LOCAL,
REGIONAL, OR STATE AGENCY OR POLITICAL SUBDIVISION) FOR EACH SOLID WASTE
MANAGEMENT AREA DESIGNATED UNDER SUBSECTION (A) OF THIS SECTION AND
SUBMIT SUCH DESIGNATIONS TO THE ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(2) THE ADMINISTRATOR SHALL ACCEPT ANY SUCH DESIGNATION, UNLESS,
WITHIN ONE HUNDRED AND TWENTY DAYS OF SUCH DESIGNATION, HE FINDS THAT
THE DESIGNATED MANAGEMENT AGENCY (OR AGENCIES) DOES NOT HAVE ADEQUATE
AUTHORITY:
"(A) TO CARRY OUT APPROPRIATE PORTIONS OF REGIONAL PLANS DEVELOPED
UNDER SUBSECTION (B) OF THIS SECTION;
"(B) TO MANAGE EFFECTIVELY RELATED FACILITIES SERVING SUCH AREA IN
CONFORMANCE WITH ANY PLAN REQUIRED BY SUBSECTION (B) OF THIS SECTION;
"(C) DIRECTLY OR BY CONTRACT, TO DESIGN AND CONSTRUCT NEW SYSTEMS OR
FACILITIES, AND TO OPERATE AND MAINTAIN NEW AND EXISTING SYSTEMS OR
FACILITIES, AS REQUIRED BY ANY PLAN DEVELOPED PURSUANT TO SUBSECTION (B)
OF THIS SECTION;
"(D) TO ACCEPT AND UTILIZE GRANTS, OR OTHER FUNDS FROM ANY SOURCE,
FOR THESE PURPOSES;
"(E) TO RAISE REVENUES, INCLUDING THE ASSESSMENT OF SOLID WASTE
COLLECTION OR DISPOSAL CHARGES;
"(F) TO INCUR SHORT- AND LONG-TERM INDEBTEDNESS;
"(G) TO ASSURE IN IMPLEMENTATION OF SUCH PLANS THAT EACH
PARTICIPATING MUNICIPALITY PAYS AND RECEIVES PROPORTIONATE SHARE OF
COSTS AND REVENUES;
"(H) TO REFUSE TO RECEIVE ANY WASTES FROM ANY MUNICIPALITY WHICH DOES
NOT COMPLY WITH ANY PROVISIONS OF AN APPROVED PLAN UNDER THIS SECTION
APPLICABLE TO SUCH AREA; AND
"(I) TO ACCEPT SOLID WASTES FROM INDUSTRIAL SOURCES.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(D) AFTER A MANAGEMENT AGENCY, HAVING THE AUTHORITY REQUIRED BY
SUBSECTION (C) OF THIS SECTION, HAS BEEN DESIGNATED PURSUANT TO SUCH
SUBSECTION FOR AN AREA AND A PLAN FOR SUCH AREA HAS BEEN APPROVED
PURSUANT TO SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATOR SHALL NOT
MAKE ANY GRANT OR LOAN UNDER THIS ACT WITHIN SUCH AREA EXCEPT TO SUCH
DESIGNATED AGENCY AND FOR SYSTEMS OR FACILITIES IN CONFORMITY WITH SUCH
PLAN.
"(E) NO PERMIT UNDER SECTION 402 OF THE FEDERAL WATER POLLUTION
CONTROL ACT, AS AMENDED (86 STAT. 816), SHALL BE ISSUED FOR ANY POINT
SOURCE WHICH IS IN CONFLICT WITH A PLAN APPROVED PURSUANT TO SUBSECTION
(B) OF THIS SECTION.
"(F)(1) THE ADMINISTRATOR SHALL MAKE GRANTS TO ANY PLANNING AGENCY
DESIGNATED UNDER SUBSECTION (A) OF THIS SECTION FOR PAYMENT OF THE
REASONABLE COSTS OF DEVELOPING AND OPERATING A CONTINUING PLANNING
PROCESS UNDER SUBSECTION (B) OF THIS SECTION.
"(2) THE AMOUNT GRANTED TO ANY AGENCY UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE 100 PER CENTUM OF THE COSTS OF DEVELOPING AND
OPERATING A CONTINUING PLANNING PROCESS UNDER SUBSECTION (B) OF THIS
SECTION FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, JUNE 30,
1976, AND JUNE 30, 1977, AND SHALL NOT EXCEED 75 PER CENTUM OF SUCH
COSTS IN EACH SUCCEEDING FISCAL YEAR.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(3)(A) EACH APPLICANT FOR A GRANT UNDER THIS SUBSECTION SHALL SUBMIT
TO THE ADMINISTRATOR FOR HIS APPROVAL EACH PROPOSAL FOR WHICH A GRANT IS
APPLIED FO UNDER THIS SUBSECTION. THE ADMINISTRATOR SHALL ACT UPON SUCH
PROPOSAL AS SOON AS PRACTICABLE AFTER IT HAS BEEN SUBMITTED, AND HIS
APPROVAL OF THAT PROPOSAL SHALL BE DEEMED A CONTRACTUAL OBLIGATION OF
THE UNITED STATES FOR THE PAYMENT OF ITS CONTRIBUTION TO SUCH PROPOSAL.
"(B) THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS
SUBSECTION NOT TO EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1975, NOT TO EXCEED $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 39,
1076, AND NOT TO EXCEED $100,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1977.
"LOANS AND LOAND GUARANTEES FOR RECOVERY SYSTEMS
"SEC. 216. (A) THE ADMINISTRATOR IS AUTHORIZED TO PURCHASE EVIDENCES
OF INDEBTEDNESS AND TO MAKE LOANS (WHICH FOR PURPOSES OF THIS SECTION
SHALL INCLUDE PARTICIPATION IN LOANS) TO MUNICIPALITIES OR AGENCIES
DESIGNATED PURSUANT TO SECTION 215 OF THIS ACT TO AID IN FINANCING ANY
PROJECT IN CONNECTION WITH A RESOURCE OR ENERGY RECOVERY SYSTEM SERVING
ALL OR A SUBSTANTIAL PART OF THE RECIPIENT'S JURISDICTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(B) THE ADMINISTRATOR IS AUTHORIZED TO GUARANTEE LOANS MADE TO
PRIVATE BORROWERS BY PRIVATE LENDING INSTITUTIONS IN CONNECTION WITH A
RESOURCE, INCLUDING ENERGY, RECOVERY SYSTEM SERVING ALL OR A SUBSTANTIAL
PART OF THE JURISDICTION OF THE MUNICIPALITY OR REGIONAL AGENCY
DESIGNATED PURSUANT TO SECTION 214 OF THIS ACT IN WHICH IT IS LOCATED.
"(C) FUNDS LOANED OR THE REPAYMENT OF WHICH IS GUARANTEED UNDER THIS
SECTION SHALL BE USED FOR THE PURCHASE OR DEVELOPMENT OF LAND AND
FACILITIES (INCLUDING MACHINERY AND EQUIPMENT) AND FOR WORKING CAPITAL
NECESSARY FOR A RESOURCE OR ENERGY RECOVERY SYSTEM, AND SHALL NOT BE
USED FOR OPERATION OR MAINTENANCE OF ANY ELEMENT IN SUCH SYSTEM AFTER AN
INITIAL STARTUP PERIOD.
"(D) LOANS AND LOAN GUARANTEES UNDER THIS SECTION SHALL BE MADE UPON
SUCH TERMS AND CONDITIONS AS THE ADMINISTRATOR MAY BY REGULATION
PRESCRIBE: PROVIDED, HOWEVER, THAT NO SUCH GUARANTEE SHALL AT ANY TIME
EXCEED 90 PER CENTUM OF THE AMOUNT OF THE OUTSTANDING UNPAID BALANCE OF
SUCH INDEBTEDNESS.
"(E) NO LOAN OR LOAN GUARANTEE UNDER THIS ACT SHALL BE MADE AFTER
JULY 1, 1979.
"(F) LOAN GUARANTEES UNDER THIS SECTION SHALL BE MADE ONLY AFTER THE
ADMINISTRATOR DETERMINES THAT THE RESOURCE, INCLUDING ENERGY, RECOVERY
SYSTEM BEING FINANCED IS CONSISTENT WITH THE PLANS ESTABLISHED PURSUANT
TO SECTION 215 OF THIS ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(G) LOANS MADE AND LOANS GUARANTEED UNDER THIS SECTION SHALL BE
REPAID OUT OF CHARGES PAID BY THE USERS OF THE SOLID WASTE DISPOSAL
SYSTEM OR FROM RECOVERED RESOURCES, INCLUDING ENERGY, AFTER THE OWNER OR
OPERATOR OF SUCH SYSTEM RECEIVES OUT OF SUCH CHARGES AND PROCEEDS THE
COSTS OF OPERATING AND MAINTAINING SUCH SYSTEM AND A REASONABLE RATE OF
RETURN, AS DETERMINED BY THE ADMINISTRATOR.
"MARKETS FOR RECOVERED RESOURCES
"SEC. 217. (A)(1) EACH FEDERAL AGENCY WHICH PROCURES GOODS,
MATERIALS, OR ENERGY FOR ITS OWN USE OR FOR THE USE OF OTHER GOVERNMENT
AGENCIES, WHETHER THROUGH ADVERTISEMENTS FOR BIDS OR THROUGH ANY OTHER
PROCESS OF PROCUREMENT, SHALL GIVE PREFERENCE TO THE PURCHASE OF ENERGY
AND OF GOODS AND MATERIALS MANUFACTURED IN WHOLE OR IN PART FROM OR WITH
RECOVERED RESOURCES, AND SHALL GIVE ADDITIONAL PREFERENCE TO THE
PURCHASE OF GOODS AND MATERIALS MANUFACTURED WITH THE GREATEST
PROPORTION OF RECOVERED RESOURCES AMONG COMPETING ITEMS.
"(2) THE ADMINISTRATOR, IN COOPERATION WITH THE ADMINISTRATOR OF
GENERAL SERVICES, WITHIN SIXTY DAYS AFTER THE ENACTMENT OF THIS SECTION
SHALL PUBLISH GUIDELINES FOR THE USE OF FEDERAL AGENCIES IN CARRYING OUT
THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SUBSECTION.
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SUCH GUIDELINES MAY PROVIDE THAT A MINIMUM PERCENTAGE OF EACH
AGENCY'S PROCUREMENT BE SET ASIDE FOR THE PURCHASE OF RECOVERED
RESOURCES, INCLUDING ENERGY, OR THAT CERTAIN CLASSES OR CATEGORIES OF
GOODS OR MATERIALS PROCURED FOR USE BY ANY FEDERAL AGENCY CONTAIN AT
LEAST A MINIMUM PERCENTAGE OF RECOVERED RESOURCES.
"(3) IN ORDER TO ENCOURAGE THE DEVELOPMENT OF STABLE MARKETS FOR
RECOVERED RESOURCES, DURING THE FIVE FULL FISCAL YEARS FOLLOWING
ENACTMENT OF THIS SECTION, ANY FEDERAL AGENCY MAY PURCHASE RECOVERED
RESOURCES, INCLUDING ENERGY OR GOODS AND MATERIALS MANUFACTURED WITH A
SUBSTANTIAL USE OF RECOVERED RESOURCES AT A PRICE NO MORE THAN 125 PER
CENTUM OF THE CURRENT MARKET PRICE FOR EQUIVALENT GOODS OR MATERIALS
PURCHASED WITHOUT REGARD TO THE REQUIREMENTS OF THIS SUBSECTION:
PROVIDED, HOWEVER, THAT WHEN A PURCHASE OF A SINGLE ITEM, OR A CLASS OR
CATEGORY OF ITEMS, IS BEING MADE FROM AMONG COMPETING SUPPLIERS WHERE
THE PERCENTAGE OF RECOVERED RESOURCES IS ESSENTIALLY THE SAME, THE
PURCHASE SHALL BE SO AS TO BE TO THE GREATEST ADVANTAGE TO THE
GOVERNMENT.
"(4) THE PROVISIONS OF THIS SUBSECTION APPLY TO THE PROCUREMENT OF
ENERGY OR MATERIALS NECESSARY FOR THE PRODUCTION OF ENERGY.
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"(B) THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO ANY STATE,
MUNICIPALITY, AGENCY DESIGNATED PURSUANT TO SECTION 215 OF THIS ACT, OR
PRIVATE NONPROFIT ORGANIZATION SERVING ALL OF AN AREA DESIGNATED
PURSUANT TO SECTION 215 OF THIS ACT FOR THE ESTABLISHMENT AND OPERATION
OF CENTERS FOR THE COLLECTION OF SOLID WASTE FROM WHICH RECYCLABLE
CONTAINERS OR OTHER RECOVERABEL RESOURCES MAY BE RECOVERED. SUCH GRANTS
SHALL BE MADE IN CASES WHERE THE CONCENTRATION OF SUCH MATERIALS IN SUCH
CENTERS MAKES ECONOMICAL THE RECOVERY OF RESOURCES, INCLUDING ENERGY, OR
THE TRANSPORTATION OF SUCH MATERIALS UNDER CIRCUMSTANCES WHICH OTHERWISE
WOULD NOT BE ECONOMICALLY FEASIBLE.
"RESPONSIBILITIES OF PRIMARY PRODUCERS AND PACKAGING AND CONTAINER
MANUFACTURERS
"SEC. 218. (A) IN ORDER TO ASSURE THE DEVELOPMENT OF MARKETS FOR
RECOVERED RESOURCES, (1) A MANUFACTURER OF PRIMARY MATERIALS FROM WHICH
CONTAINERS ARE MANUFACTURED, INCLUDING BUT NOT LIMITED TO ALUMINUM,
GLASS, PAPER, PLASTIC, AND STEEL, OR (2) A MANUFACTURER OF CONTAINERS,
DIRECTLY OR THROUGH CONTRACT WITH MANUFACTURERS OF SUCH PRIMARY
MATERIALS, SHALL AS A CONDITION OF ENTERING SUCH CONTAINERS INTO
INTERSTATE COMMERCE GUARANTEE PURCHASE OF ALL RECOVERED RESOURCES FROM
CONTAINERS RECOVERED FROM RESOURCE RECOVERY SYSTEMS CONSTRUCTED UNDER
SECTION 208 OR SECTION 216, IF REQUESTED TO DO SO BY THE ADMINISTRATOR.
SUCH GUARANTEE SHALL BE FOR THE PURCHASE AT PREVAILING MARKET VALUE (AT
THE PRIMARY MANUFACTURER'S PLACE OF BUSINESS OR AT THE APPROPRIATE
RESOURCE RECOVERY SYSTEM) OF RECOVERED RESOURCES THAT MEET MARKET
SPECIFICATIONS.
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SUCH GUARANTEES SHALL BE MADE IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE ADMINISTRATOR. IN SUCH REGULATIONS THE ADMINISTRATOR
SHALL PROVIDE FOR THE CONSIDERATION OF THE MANUFACTURER'S CONTRIBUTION
TO THE TOTAL CONTAINER MARKET, THE CHEMICAL OR METALLURGICAL CAPACITY OF
SUCH MANUFACTURER'S PRODUCTION PROCESS TO UTILIZE SUCH RECOVERED
RESOURCES, AND ANY OTHER FACTOR AFFECTING SUCH MANUFACTURER'S ABILITY TO
UTILIZE SUCH RECOVERED RESOURCES OR OTHERWISE GUARANTEE UTILIZATION OF
SUCH RECOVERED RESOURCES.
"(B) NO STATE OR POLITICAL SUBDIVISION THEREOF WHICH RECEIVES
ASSISTANCE UNDER THIS ACT, OR IN WHICH FUNDS UNDER THIS ACT ARE
EXPENDED, MAY ADOPT OR ENFORCE ANY RESTRICTIONS, PROHIBITIONS, TAXES,
FEES, DEPOSITS, OR OTHER CONTROLS ON THE MANUFACTURE OR SALE OF
CONTAINERS BASED ON THE DISPOSAL CHARACTERISTICS OF SUCH CONTAINERS,
WHEN SUCH RESTRICTION, PROHIBITION, TAX, FEE, DEPOSIT, OR OTHER CONTROL
WOULD PLACE AN UNREASONABLE BURDEN ON INTERSTATE COMMERCE OR
SUBSTANTIALLY ALTER OR MODIFY THE DISTRIBUTION SYSTEM FOR CONTAINERS OR
THEIR CONTENTS IN SUCH AREA. THIS SUBSECTION SHALL APPLY ONLY IN
JURISDICTIONS WHERE THE GUARANTEES REQUIRED BY SUBSECTION (A) OF THIS
SECTION ARE PROVIDED AND IN CASES WHERE THE FACILITIES FOR COLLECTION
AND RECOVERY OF RESOURCES FROM SUCH CONTAINERS ARE PRESENT IN SUCH
STATE.
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SEC. 4 (A) SUBSECTION (A) OF SECTION 208 OF THE SOLID WASTE DISPOSAL
ACT, AS AMENDED BY THE RESOURCE RECOVERY ACT OF 1970 (84 STAT. 1230), IS
AMENDED BY INSERTING AFTER "AGENCY" THE WORDS, "AND CONTRACTS WITH ANY
PRIVATE ORCANIZATION OR INDIVIDUALS,".
(B) SECTION 208 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE
RESOURCE RECOVERY ACT OF 1970 (84 STAT. 1230), IS AMENDED BY INSERTING
"OR CONTRACT" AFTER "GRANT" WHEREVER IT APPEARS AND BY INSERTING "OR
CONTRACTS" AFTER "GRANTS" WHEREVER IT APPEARS.
(C) SUBSECTION (B) OF SECTION 208 OF THE SOLID WASTE DISPOSAL ACT, AS
AMENDED BY THE RESOURCE RECOVERY ACT OF 1970 (84 STAT. 1230), IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(C) GRANTS OR CONTRACTS UNDER THIS SECTION SHALL ENCOURAGE THE
DEMONSTRATION OF NEW RESOURCE RECOVERY SYSTEMS AND COMPONENTS THEREOF
AND THE DEMONSTRATION OF THE REPLICABILITY OR APPLICABILITY OF SUCH
SYSTEMS UNDER VARYING CONDITIONS OF SIZE, LOCATION, AND OTHER FACTORS."
SEC. 5. SECTION 203 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY
THE RESOURCE RECOVERY ACT OF 1970 (84 STAT. 1228), IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(11) THE TERM 'CONTAINER' MEANS THE IMMEDIATE CONTAINER OR PACKAGE
USED FOR THE TRANSPORT AND DELIVERY OF ANY COMMODITY TO HOUSEHOLD
CONSUMERS, BUT DOES NOT INCLUDE ANY CONTAINER OR PACKAGE IN WHICH SUCH
IMMEDIATE CONTAINER OR PACKAGE IS PLACED FOR DISPLAY OR FOR OTHER
PURPOSES NOR ANY BOX, CARTON, OR OTHER CONTAINER IN WHICH ONE OR MORE
SUCH IMMEDIATE CONTAINERS OR PACKAGES ARE SHIPPED."
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SEC. 6 SECTION 222 OF THE SOLID WASTE DISPOSAL ACT (AS SO
REDESIGNATED BY SECTION 3 OF THIS ACT) IS AMENDED TO READ AS FOLLOWS:
"SEC. 222. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT
THE PROVISIONS OF THIS ACT, OTHER THAN SECTION 208, NOT TO EXCEED
$200,000,000 FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, JUNE 30,
1976, AND JUNE 30, 1977.
"(B) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT SECTION 208
OF THIS ACT NOT TO EXCEED $140,000,000 FOR EACH OF THE FISCAL YEARS
ENDING JUNE 30, 1975, AND JUNE 30, 1976."
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MR. MUSKIE INTRODUCED THE FOLLOWING BILL; WHICH WAS READ TWICE AND
REFERRED TO THE COMMITTEE ON PUBLIC WORKS
TO AMEND THE SOLIDWASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE
RECOVERY ACT OF 1970.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT MAY BE CITED AS THE "ENERGY RECOVERY AND
RESOURCE CONSERVATION ACT OF 1974".
SEC. 2. THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE
RECOVERY ACT OF 1970, IS AMENDED TO REAS AS FOLLOWS:
"TITLE I
"FINDINGS AND PURPOSES
"SEC. 102.(A) THE CONGRESS FINDS THAT.
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"(1) THE ENERGY RECOVERY POTENTIAL FROM MATERIALS NOW BEING DISCARDED
IN SOLID WASTE COULD SUBSTANTIALLY CONTRIBUTE TO NEEDED ENERGY
PRODUCTION; "(2) THE CONTINUING TECHNOLOGICAL DEVELOPMENTS IN METHODS
OF MANUFACTURE, PACKAGING, AND MARKETING OF CONSUMER PRODUCTS HAVE
RESULTED IN AN EVER-MOUNTING INCREASE, AND IN A CHANGE IN THE
CHARACTERISTICS, OF THE MASS OF MATERIAL DISCARDED BY THE PURCHASERS OF
SUCH PRODUCTS;
"(3) 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, NAD 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;
"(4) THE CONTINUING SHIFTS IN OUR POPULATION HAVE PRESENTED MANY
COMMUNITIES WITH SERIOUS FINANCIAL, MANAGEMENT, INTERGOVERNMENTAL,AND
TECHNICAL PROBLEMS IN THE RECOVERY AND DISPOSAL OF SOLID WASTES,
RESULTING FROM INDUSTRIAL, COMMERCIAL, DOMESTIC, RECREATIONAL, AND OTHER
ACTIVITIES.
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"(5) THE PRESENT PROLIFERATION OF SOLID WASTES AND INEFFICIENT AND
IMPROPER METHODS OF RECOVERY AND DISPOSAL OF SOLID WASTES ARE CREATING
INCREASINGLY SERIOUS HAZARDS TO THE PUBLIC HEALTH AND WELFARE, INCLUDING
POLLUTION OF AIR AND WATER RESOURCES, ACCIDENT HAZARDS, INCREASES IN
RODENT AND INSECT VECTORS OF DISEASE, AND SCENIC BLIGHTS THAT HAVE AN
ADVERSE EFFECT ON LAND VALUES, CREATE PUBLIC NUISANCES, AND OTHERWISE
INTERFERE WITH COMMUNITY LIFE AND DEVELOPMENT;
"(6) THE FAILURE OR INABLITY TO SALVAGE, RECOVER, AND REUSE SUCH
MATERIALS AND THE ENERGY FROM SUCH MATERIALS ECONOMICALLY RESULTS IN THE
UNNECESSARY WASTE AND DEPLETION OF OUR INCREASINGLY SCARCE NATURAL
RESOURCES; AND
"(7) 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 RECOVERY AND DISPOSAL AS SET FORTH ABOVE
HAVE BECOME A MATTER NATIONAL IN SCOPE AND CONCERN AND NECESSITATE
FEDERAL ACTION THROUGH CHANGES IN POLICIES AND PROGRAMS, DEVELOPMENT OF
REGULATIONS, AND PRIVISION OF FINANCIAL AND TECHNICAL ASSISTANCE TO
PROVIDE LEADERSHIP IN THE DEVELOPMENT, DEMONSTRATION, AND APPLICATION OF
NEW AND IMPROVED METHODS, PROCESSES, AND POLICIES TO REDUCE THE AMOUNT
OF WASTE AND UNSALVAGEABLE MATERIALS AND TO PROVIDE FOR PROPER AND
ECONOMICAL SOLID WASTE RECOVERY AND DISPOSAL PRACTICES.
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"(B) THE PURPOSES OF THIS ACT THEREFORE ARE:
"1) TO PROMOTE THE DEMONSTRATION, CONSTRUCTION, AND APPLICATION OF
ENERGY RECOVERY AND SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY SYSTEMS
WHICH CONSERVE NATURAL RESOURCES AND PRESERVE AND ENHANCE THE QUALITY OF
AIR, WATER, AND LAND RESOURCES;
"(2) TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO STATES AND
LOCAL GOVERNMENTS AND INTERSTATE AGENCIES IN THE PLANNING AND
DEVELOPMENT OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY SYSTEMS;
"(3) TO PROMOTE A NATIONAL RESEARCH AND DEVELOPMENT PROGRAM FOR
IMPROVEMENT MANAGEMENT TECHNIQUES, MORE EFFECTIVE ORGANIZATIONAL
ARRANGEMENTS, AND NEW AND IMPROVED METHODS OF COLLECTION, SEPARATION,
RECOVERY, AND RECYCLING OF SOLID WASTES, AND THE ENVIRONMENTALLY SAFE
DISPOSAL OF NONRECOVERABLE RESIDUES;
"(4) TO PROVIDE FOR TRAINING GRANTS IN OCCUPATIONS INVOLVING THE
DESIGN, OPERATION, AND MAINTENANCE OF RESOURCE RECOVERY AND SOLID WASTE
DISPOSAL SYSTEMS;
"(5) TO ENCOURAGE COOPERATIVE ACTIVITIES BY THE STATES AND LOCAL
GOVERNMENTS IN THE DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE
DISPOSAL AND RESOURCE RECOVERY SYSTEMS; AND ENCOURAGE THE ENACTMENT OF
IMPROVED AND, SO FAR AS PRACTICABLE, UNIFORM STATE AND LOCAL LAWS
GOVERNING SOLID WASTE DISPOSAL AND RESOURCES RECOVERY.
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"(6) TO AID THE CLEANUP OF INNER CITY AREAS AND OTHER PLACES WHICH
HAVE ENCOUNTERED PARTICULARLY SEVERE HEALTH PROBLEMS AND OTHER
ENVIRONMENTAL DANGERS BECAUSE OF THE PROLIFERATION OF SOLID WASTE;
"(7) TO PROTECT THE PUBLIC HEALTH AND WELFARE THROUGH ESTABLISHMENT
OF REGULATIONS FOR PACKAGING PRACTICES AND OTHER MANUFACTURING PROCESSES
AND PRODUCTS WHICH CONTRIBUTE TO SOLID WASTE MANAGEMENT PROBLEMS; AND
"(8) TO ESTABLISH AND EXPAND PROGRAMS AND POLICIES IN THE INTEREST OF
PUBLIC HEALTH AND WELFARE TO EMPHASIZE RECYCLING AND RECOVERY OF
RESOURCES, RATHER THAN WASTE DISPOSAL AND EXCESSIVE USE OF RAW
MATERIALS.
"DEFINITIONS
"SEC. 103. WHEN USED IN THIS ACT:
"(1) THE TERM 'ADMINISTRATOR' MEANS THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY.
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"(2) THE TERM 'CONSTRUCTION', WITH RESPECT TO ANY PROJECT OF
CONSTRUCTION UNDER THIS ACT, 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 PROJECTS
TO COMPLETION.
"(3) THE TERM 'CONSUMER PRODUCT' MEANS THOSE PRODUCTS WHICH ARE NOT
NORMALLY DISPOSED OF IN SOLID OR LIQUID WASTE DISPOSAL SYSTEMS INCLUDING
ANY FOOD OR BEVERAGE AND INCLUDING THOSE PRODUCTS INTENDED FOR
CONSUMPTION BY ANIMALS, AND ANY OTHER OBJECT INTENDED FOR OR CAPABLE OF
RETAIL SALE AND RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR RECREATIONAL
USE, EXCEPT WHERE SUCH OBJECT IS INTENDED TO BECOME PART OF A COMMERCIAL
OR INDUSTRIAL PROCESS.
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"(4) THE TERM 'CONTAINER' MEANS ANY CONTAINER, PACKAGE, OR WRAPPING
MATERIAL WHICH IS SOLD WITH A CONSUMER PRODUCT OR SHIPPED WITH SUCH
PRODUCT FROM THE FACILITY AT WHICH SUCH PRODUCT IS CREATED BUT WHICH WAS
NOT PART OF SUCH PRODUCT IN ITS RAW AGRICULTURAL OR VIRGIN MATERIAL
STATE AND IS NOT INTENDED TO BE USED WITH SUCH PRODUCT AT THE TIME OF
SALE TO ITS ULTIMATE PURCHASER.
"(5) THE TERM 'INTERMUNICIPAL AGENCY' MEANS AN AGENCY ESTABLISHED BY
TWO OR MORE MUNICIPALITIES WITHIN ONE STATE, WITH RESPONSIBILITY FOR
PLANNING OR ADMINISTRATION OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY
SYSTEMS.
"(6) THE TERM 'INTERSTATE AGENCY' MEANS AN AGENCY OF TWO OR MORE
MUNICIPALITIES IN DIFFERENT STATES, OR AN AGENCY ESTABLISHED BY TWO OR
MORE STATES, WITH AUTHORITY TO PROVIDE FOR SOLID WASTE DISPOSAL AND
RESOURCE RECOVERY SYSTEMS SERVING TWO OR MORE MUNICIPALITIES LOCATED IN
DIFFERENT STATES.
"(7) THE TERM 'MAJOR ITEM OF SOLID WASTE' MEANS ANY OBJECT OR PART OF
AN OBJECT REGULARLY UTILIZED FOR COMMERCIAL, INDUSTRIAL, RESIDENTIAL, OR
RECREATIONAL PURPOSES OR TRANSPORTATION WHICH HAS (A) A GROSS WEIGHT OF
MORE THAN TEN POUNDS, (B) A LIQUID CARRYING CAPACITY OR MORE THAN FIVE
GALLONS, OR (C) A TOTAL VOLUME OF MORE THAN FIVE CUBIC FEET, AND IS
DESIGNATED BY THE ADMINISTRATOR AS A MAJOR ITEM OF SOLID WASTE.
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"(8) THE TERM 'MUNICIPALITY' MEANS A CITY, TOWN, BOROUGH, COUNTY,
PARISH, DISTRICT, OR OTHER PUBLIC BODY CREATED BY OR PURSUANT TO STATE
LAW WITH RESPONSIBILITY FOR THE PLANNING OR ADMINISTRATION OF SOLID
WASTE DISPOSAL, OR AN INDIAN TRIBE.
"(9) THE TERM 'RECOVERED RESOURCES' MEANS USABLE MATERIALS OR ENERGY
RECOVERED FROM SOLID WASTES.
"(10) THE TERM 'RECYCLE' MEANS TO (A) REUSE FOR THE SAME PURPOSE AS
ORIGINALLY SOLD, (B) CONVERT INTO A RAW MATERIAL FROM WHICH THE ORIGINAL
PRODUCT OR ANOTHER TANGIBLE OBJECT FOR WHICH THERE IS A VIABLE MARKET
CAN BE CREATED, OR (C) CONVERT INTO ANOTHER TANGIBLE OBJECT FOR WHICH
THERE IS A VIABLE MARKET.
"(11) THE TERM 'RESOURCE RECOVERY SYSTEM' MEANS A SOLID WASTE
MANAGEMENT SYSTEM WHICH PROVIDES FOR COLLECTION, SEPARATION, RECYCLING,
REUSE, AND RECOVERY OF SOLID WASTES, INCLUDING DISPOSAL OR
NONRECOVERABLE WASTE RESIDUES.
"(12) THE TERM 'SOLID WASTE' MEANS GARBAGE, REFUSE, CONSTRUCTION
DEBRIS, AND OTHER DISCARDED SOLID MATERIALS, INCLUDING SOLID WASTE
MATERIALS, WASTE OIL AND OTHER LIQUID MATERIALS IN CONTAINERS OR
ORIGINATING IN CONTAINERS, AND RESIDUAL BYPRODUCTS RESULTING FROM
INDUSTRIAL, COMMERCIAL, MINING, AND AGRICULTURAL OPERATIONS (INCLUDING
POLLUTION CONTROL); AND FROM COMMUNITY ACTIVITIES.
"(13) THE TERM 'SOLID WASTE DISPOSAL' MEANS THE COLLECTION, STORAGE,
TREATMENT, UTILIZATION, PROCESSING, OR FINAL DISPOSAL OF SOLID WASTE.
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"(14) THE TERM 'STATE' MEANS A STATE, THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN
SAMOA.
"RESEARCH, TRAINING, TECHNICAL ASSISTANCE, AND OTHER ACTIVITIES
"SEC. 104. (A) THE ADMINISTRATOR SHALL CONDUCT, AND ENCOURAGE,
COOPERATE WITH, AND RENDER FINANCIAL, TECHNICAL, AND OTHER ASSISTANCE TO
APPROPRIATE PUBLIC (WHETHER FEDERAL, STATE, INTERSTATE, OR LOCAL)
AUTHORITIES, AGENCIES, AND INSTITUTIONS, PRIVATE AGENCIES AND
INSTITUTIONS, AND INDIVIDUALS IN THE CONDUCT OF, AND PROMOTE THE
COODINATION OF, RESEARCH, INVESTIGATIONS, EXPERIMENTS, TRAINING,
DEMONSTRATIONS, SURVEYS, AND STUDIES RELATING TO:
"(1) ANY ADVERSE HEALTH AND WELFARE EFFECTS OF THE RELEASE INTO THE
ENVIRONMENT OF MATERIAL PRESENT IN SOLID WASTE, AND METHODS TO ELIMINATE
SUCH EFFECTS;
"(2) THE OPERATION AND FINANCING OF SOLID WASTE DISPOSAL PROGRAMS;
"(3) MEASURES NECESSARY TO AID THE CLEANUP OF INNER CITY AREAS AND
OTHER PLACES WHICH FACE PARTICULARLY SEVERE PUBLIC HEALTH PROBLEMS OR
OTHER DANGERS BECAUSE OF ACCUMULATIONS OF SOLID WASTE;
"(4) THE REDUCTION OF THE AMOUNT OF SOLID WASTE AND UNSALVAGEABLE
WASTE MATERIALS AND PROCEDURES TO ENCOURAGE THE SEPARATION AND
PREPARATION OF WASTE FOR RECOVERY.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(5) THE DEVELOPMENT AND APPLICATION OF NEW AND IMPROVED METHODS OF
COLLECTING AND DISPOSING OF SOLID WASTE AND PROCESSING AND RECOVERING
MATERIALS AND ENERGY FROM SOLID WASTES;
"(6) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL
MATERIALS AND ENERGY RECOVERABEL FROM SUCH WASTE COMPONENTS;
"(7) THE DEVELOPMENT AND IMPLEMENTATION OF STANDARDS AND REGULATIONS
TO CONTROL AND REDUCE THE VOLUME OF SOLID WASTE REACHING THE DISPOSAL
SYSTEM; AND
"(8) ANY OTHER MATTER WHICH MAY BE INCLUDED IN THE ANNUAL REPORTS
REQUIRED BY SECTION 119 OF THIS ACT.
"(B) IN CARRYING OUT THE PROVISIONS OF THE PRECEDING SUBSECTION, THE
ADMINISTRATOR IS AUTHORIZED TO:
"(1) COLLECT AND MAKE AVAILABLE, THROUGH PUBLICATIONS AND OTHER
APPROPRIATE MEANS, THE RESULTS OF, AND OTHER INFORMATION PERTAINING TO,
SUCH RESEARCH AND OTHER ACTIVITIES, INCLUDING APPROPRIATE
RECOMMENDATIONS IN CONNECTION THEREWITH;
"(2) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND
ORGANIZATIONS, AND WITH ANY INDUSTRIES INVOLVED, IN THE PREPARATION AND
THE CONDUCT OF SUCH RESEARCH AND OTHER ACTIVITIES.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(3) RECOMMEND MODEL CODES, ORDINANCES, AND STATUTES WHICH ARE
DESIGNED TO IMPLEMENT THE PURPOSE OF THIS ACT;
"(4) ISSUE TO APPROPRIATE FEDERAL, INTERSTATE, REGIONAL, AND LOCAL
AGENCIES INFORMATION ON AND GUIDELINES FOR TECHNICALLY FEASIBLE SOLID
WASTE COLLECTION, SEPARATION, DISPOSAL, RECYCLING, REUSE, AND RECOVERY
METHODS WHICH ARE CONSISTENT WITH THE POLICIES AND PURPOSES OF THIS ACT,
INCLUDING DATA ON THE COST OF CONSTRUCTION, OPERATION, AND MAINTENANCE
OF SUCH METHODS; AND
"(5) MAKE GRANTS-IN-AID TO PUBLIC OR PRIVATE AGENCIES, AND
INSTITUTIONS AND TO INDIVIDUALS FOR RESEARCH, TRAINING PROJECTS,
SURVEYS, AND DEMONSTRATIONS (INCLUDING CONSTRUCTION OF FACILITIES), AND
PROVIDE FOR THE CONDUCT OF RESEARCH, TRAINING, SURVEYS, AND
DEMONSTRATIONS BY CONTRACT WITH PUBLIC OR PRIVATE AGENCIES AND
INSTITUTIONS AND WITH INDIVIDUALS; AND SUCH CONTRACTS FOR RESEARCH OR
DEMONSTRATIONS OR BOTH (INCLUDING CONTRACTS FOR CONSTRUCTION) MAY BE
MADE IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS PROVIDED WITH
RESPECT TO RESEARCH CONTRACTS OF THE MILITARY DEPARTMENTS IN TITLE 10,
UNITED STATES CODE, SECTION 2353, EXCEPT THAT THE DETERMINATION,
APPROVAL, AND CERTIFICATION REQUIRED THEREBY SHALL BE MADE BY THE
ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(C) ANY GRANT, AGREEMENT, OR CONTRACT MADE OR ENTERED INTO UNDER
THIS SECTION SHALL CONTAIN PROVISIONS TO INSURE THAT ALL INFORMATION,
USES, PROCESSES, PATENTS, AND OTHER DEVELOPMENTS RESULTING FROM ANY
ACTIVITY UNDERTAKEN PURSUANT TO SUCH GRANT, AGREEMENT, OR CONTRACT WILL
BE MADE READILY AVAILABLE ON FAIR AND EQUITABLE TERMS TO INDUSTRIES AND
PUBLIC AGENCIES WHICH MIGHT UTILIZE PROCESSES TO REDUCE THE VOLUME OF
SOLID WASTES, EMPLOY METHODS OF RESOURCE RECOVERY, RECYCLING, OR SOLID
WASTE DISPOSAL, OR ENGAGE IN FURNISHING DEVICES, FACILITIES, EQUIPMENT,
AND SUPPLIES TO BE USED IN CONNECTION WITH REDUCING THE VOLUME OF SOLID
WASTE, DISPOSING OF SOLID WASTE OR RECOVERY AND RECYCLING OF RESOURCES.
IN CARRYING OUT THE PROVISIONS OF THIS SECTION, THE ADMINISTRATOR AND
EACH DEPARTMENT, AGENCY, AND OFFICER OF THE FEDERAL GOVERNMENT HAVING
FUNCTIONS OR DUTIES UNDER THIS ACT SHALL MAKE USE OF AND ADHERE TO THE
STATEMENT OF GOVERNMENT PATENT POLICY WHICH WAS PROMULGATED BY THE
PRESIDENT IN HIS MEMORANDUM OF OCTOBER 10, 1963. (3 CFR, 1963
SUPPLEMENTAL, PAGE 238.)
"(D) NO SERVICE CHARGE OR OTHER COST REQUIREMENT SHALL BE IMPOSED AS
A CONDITION OF PARTICIPATION BY ANY EMPLOYEE OF A STATE OR MUNICIPAL
GOVERNMENT AGENCY IN ANY TRAINING PROGRAM AUTHORIZED BY THIS ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL
ENERGY AND MATERIALS
"SEC. 105. (A) THE ADMINISTRATOR SHALL CARRY OUT AN INVESTIGATION AND
STUDY TO DETERMINE MEANS TO RECOVERING ENERGY AND MATERIALS FROM SOLID
WASTE, RECOMMENDED USES OF SUCH MATERIALS AND ENERGY FOR NATIONAL OR
INTERNATIONAL WELFARE, INCLUDING IDENTIFICATION OF POTENTIAL MARKETS FOR
SUCH RECOVERED RESOURCES, AND THE IMPACT OF DISTRIBUTION OF SUCH
RESOURCES ON EXISTING MARKETS.
"(B) THE ADMINISTRATOR IS AUTHORIZED TO CARRY OUT DEMONSTRATION
PROJECTS TO TEST AND DEMONSTRATE METHODS AND TECHNIQUES DEVELOPED
PURSUANT TO SUBSECTION (A).
"GRANTS FOR STATE PROGRAMS AND STATE, INSTERSTATE, AND LOCAL PLANNING
"SEC. 106. (A) THE ADMINISTRATOR MAY FROM TIME TO TIME, UPON SUCH
TERMS AND CONDITIONS CONSISTENT WITH THIS SECTION AS HE DEEMS
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ACT, MAKE GRANTS TO
STATES, INTERSTATE, MUNICIPAL, AND INTERMUNICIPAL AGENCIES, AND
ORGANIZATIONS COMPOSED OF PUBLIC OFFICIALS WHICH ARE ELIGIBLE FOR
ASSISTANCE UNDER SECTION 701 (G) OF THE HOUSING ACT OF 1954, OF NOT TO
EXCEED 66 2/3 PER CENTUM OF THE COST OF AN APPLICATION WITH RESPECT TO
AN AREA INCLUDING ONLY ONE MUNICIPALITY, AND NOT TO EXCEED 75 PER CENTUM
OF THE COST IN ANY OTHER CASE, OF:
"(1) MAKING SURVEYS OF RESOURCE RECOVERY (INCLUDING ENERGY RECOVERY)
AND SOLID WASTE DISPOSAL PRACTICES AND PROBLEMS WITHIN THE
JURISDICTIONAL AREAS OF SUCH AGENCIES.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(2) DEVELOPING AND REVISING RESOURCE RECOVERY AND SOLID WASTE
DISPOSAL PLANS AS PART OF REGIONAL ENVIRONMENTAL PROTECTION SYSTEMS FOR
SUCH AREAS, PROVIDING FOR RECYCLING OR RECOVERY OF MATERIALS FROM WASTES
WHENEVER POSSIBLE AND INCLUDING PLANNING FOR THE REUSE OF SOLID WASTE
DISPOSAL AREAS AND STUDIES OF THE EFFECT AND RELATIONSHIP OF SOLID WASTE
DISPOSAL PRACTICES ON AREAS ADJACENT TO WASTE DISPOSAL SITES;
"(3) DEVELOPING PROPOSALS FOR PROJECTS TO BE CARRIED OUT PURSUANT TO
SECTIONS 106 AND 107 OF THIS ACT;
"(4) PLANNING PROGRAMS FOR THE REMOVAL AND PROCESSING OF ABANDONED
MOTOR VEHICLE BULKS AND OTHER MAJOR ITEMS OF SOLID WASTE;
"(5) DEVELOPING STATE LAWS AND LOCAL ORDINANCES TO IMPROVE SOLID
WASTE MANACEMENT AND RESOURCE RECOVERY AND RECYCLING SYSTEMS; OR
"(6) PLANNING PROGRAMS TO ACHIEVE RAPID CLEANUP OF AREAS WITH SEVERE
HEALTH PROBLEMS BECAUSE OF LARGE AMOUNTS OF UNCOLLECTED SOLID WASTE.
"(B) THE ADMINISTRATOR MAY, FROM TIME TO TIME, UPON SUCH TERMS AND
CONDITIONS CONSISTENT WITH THIS SECTION AS HE DEEMS APPROPRIATE MAKE
GRANTS TO STATES FOR THE PURPOSES OF ESTABLISHING STATEWIDE SOLID WASTE
MANAGEMENT AND RESOURCE RECOVERY PROGRAMS, WHICH GRANT SHALL NOT EXCEED
75 PER CENTUM OF THE COST OF ESTABLISHING A STATEWIDE SOLID WASTE
MANAGEMENT AND RESOURCE RECOVERY PROGRAM IF SUCH GRANT IS MADE DURING
FISCAL YEAR 1975, 1976, OR 1977, AND SHALL NOT EXCEED 60 PER CENTUM OF
THE COSTS OF SUCH PROGRAM IN EACH OF THE THREE SUCCEEDING FISCAL YEARS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
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"(C) AFTER JANUARY 1, 1977, NO STATE SHALL BE ELIGIBLE FOR A GRANT
UNDER SUBSECTION (B) OF THIS SECTION UNLESS THAT STATE HAS:
"(1) ESTABLISHED A SINGLE STATE AGENCY TO BE RESPONSIBLE FOR
MAINTAINING THE STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY
PROGRAM, WHICH STATE AGENCY MAY ALSO HAVE OTHER FUNCTIONS IN AREAS
RELATING TO THE ENVIRONMENT;
"(2) ESTABLISHED SUCH LEGAL AUTHORITY AS NECESSARY TO IMPLEMENT A
STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN; AND
"(3) DEVELOPED A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY PLAN SUBMITTED TO AND APPROVED BY THE ADMINISTRATOR CONSISTENT
WITH THE INTENT AND REQUIREMENTS OF THIS ACT, WHICH PLAN SHALL:
"(A) INCLUDE A LAND USE PLAN SPECIFYING THOSE AREAS WHICH ARE
PRESENTLY USED AND MAY BE USED IN THE FUTURE AS SOLID WASTE DISPOSAL
SITES;
"(B) INCLUDE A PROGRAM FOR ISSUING PERMITS FOR ALL PUBLICLY OWNED
SOLID WASTE DISPOSAL SITES WITHIN STANDARD METROPOLITAN AREAS WITH
POPULATION GREATER THAN TWO HUNDRED THOUSAND AS DEFINED IN THE 1970
CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT AND A PROGRAM FOR
ISSUING SUCH PERMITS IN THE REMAINDER OF THE STATE BY 1980.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(C) PROVIDE FOR COORDINATION OF THE ACTIVITIES OF THE STATE AND AND
MUNICIPAL GOVERNMENTS RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY TO ASSURE MOST EFFICIENT METHODS FOR (I) LIMITING THE COSTS AND
IMPROVING THE EFFICIENCY OF COLLECTION AND DISPOSAL AND (II) RECOVERING
THE GREATEST PERCENTAGE OF RECYCLABLE OR REUSABLE MATERIALS;
"(D) ASSURE SAFE AND SANITARY COLLECTION AND RECYCLING OF MATERIALS
DETERMINED BY THE ADMINISTRATOR TO BE TOXIC OR HAZARDOUS, AND ASSURE
DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS THAT CANNOT BE RECYCLED IN A
MANNER WHICH WILL NOT RESULT IN VIOLATION OF EFFLUENT OR EMISSION
LIMITATIONS, STANDARDS, OR OTHER REQUIREMENTS OF THE CLEAN AIR ACT OR
THE FEDERAL WATER POLLUTION CONTROL ACT;
"(E) IDENTIFY METHODS AND PROCEDURES TO BE USED IN THE COLLECTION AND
TRANSPORTATION OF MATERIALS WHICH ARE AVAILABLE FOR REUSE OR RECYCLING;
"(F) ASSURE THAT STATE, MUNICIPAL, AND PRIVATE RESOURCE RECOVERY AND
SOLID WASTE MANAGEMENT AND DISPOSAL PRACTICES WILL NOT RESULT IN A
VIOLATION OF EFFLUENT OR EMISSION LIMITATIONS, STANDARDS, OR OTHER
REQUIREMENTS OF THE CLEAN AIR ACT OR THE FEDERAL WATER POLLUTION CONTROL
ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
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"(G) INCLUDE (I) PROGRAM PROHIBITING WITHIN TWO YEARS OF THE APPROVAL
OF SUCH PLAN THE OPERATION OF ANY OPEN DUMP WITHIN OR RECEIVING SOLID
WASTE FROM ANY STANDARD METROPOLITAN STATISTICAL AREA WITH A POPULATION
GREATER THAN TWO HUNDRED THOUSAND AS DEFINED IN THE 1970 CENSUS OF THE
UNITED STATES DEPARTMENT OF COMMERCE, (II) A PROGRAM PROHIBITING WITHIN
SEVEN YEARS OF THE APPROVAL OF SUCH PLAN THE OPERATION OF OTHER OPEN
DUMPS IN THE REMAINDER OF THE STATE THAT ARE DEEMED BY THE STATE TO BE
ENVIRONMENTALLY UNSOUND TO A SIGNIFICANT DEGREE;
"(H) INCLUDE PLANS FOR THE ESTABLISHMENT OF TRANSFER FACILITIES TO
FACILITATE THE INCLUSION OF SOLID WASTE FROM RURAL AREAS IN RESOURCE
RECOVERY SYSTEMS SERVING AREAS OF THE STATE HAVING HIGHER POPULATION
DENSITY, EXCEPT WHERE THE STATE DETERMINES THAT THE PROJECTED ECONOMIC
FEASIBILITY OF SUCH SYSTEM (INCLUDING PROJECTED GROWTH OF THE AREA
INVOLVED) DOES NOT JUSTIFY INCLUSION OF THE RURAL AREAS IN SUCH A
RESOURCE RECOVERY SYSTEM;
"(I) INCLUDE A PROGRAM OF TECHNICAL ASSISTANCE FOR SMALL- AND
MEDIUM-SIZED COMMUNITIES TO AID IN THE ADOPTION OF UP-TO-DATE RESOURCE
RECOVERY SYSTEMS AND SOLID WASTE DISPOSAL PRACTICES.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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S 3277, 740329
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"(D) UPON RECEIPT OF A STATEWIDE SOLID WASTE MANAGEMETN AND RESOURCE
RECOVERY PLAN SUBMITTED UNDER SUBSECTION (A) OF THIS SECTION, THE
ADMINISTRATOR SHALL, WITHIN FOUR MONTHS AFTER THE DATE OF RECEIPT,
APPROVE OR DISAPPROVE SUCH PLAN, OR ANY PORTION THEREOF. THE
ADMINISTRATOR SHALL APPROVE SUCH PLAN, OR ANY PORTION THEREOF, IF HE
DETERMINES THAT IT WAS ADOPTED AFTER REASONABLE NOTICE AND HEARINGS AND
THAT:
"(1) IT COMPLIES WITH THE REQUIREMENTS OF PARAGRAPH (3) SUBSECTION
"C); AND
"(2) IT WAS DEVELOPED THROUGH A PROCESS CLOSELY COORDINATED WITH THE
PLANNING PROCESSES OF SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL
ACT AND SECTION 110 OF THE CLEAN AIR ACT; AND
"(3) THE STATE ASSIGNED PRIMARY RESPONSIBILITY AND AUTHORITY FOR PLAN
DEVELOPMENT AND IMPLEMENTATION OT GENERAL PURPOSE UNITS OF GOVERNMENT,
AND INCLUDES PLANS DEVELOPED BY SUCH UNITS OF LOCAL GOVERNMENT, UNLESS
THE STATE (1) DETERMINED THAT ANY SUCH PLAN, OR ITS IMPLEMENTATION, (A)
FAILED TO MEET ANY REQUIREMENT OF THIS ACT OR STATE STANDARDS OR
CRITERIA INTENDED TO EFFECTUATE SUCH REQUIREMENT; (B) WAS INCONSISTENT
WITH ANY OTHER SUCH PLAN OR WITH ANY AREAWIDE WASTE MANAGEMENT AND
RESOURCE RECOVERY PLAN WHICH MET ALL APPLICABLE REQUIREMENTS, STANDARDS,
AND CRITERIA; OR (C) WAS INCONSISTENT WITH ANY STATE LAND USE, AIR
POLLUTION, WATER POLLUTION, NOISE POLLUTION, OR OTHER ENVIRONMENTAL PLAN
OR REQUIREMENT AND (2) PROVIDED AN ADEQUATE OPPORTUNITY FOR
ADMINISTRATIVE OR JUDICIAL APPEAL OF SUCH DETERMINATION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(4) IT ASSURES, EXCEPT IN ANY PROCEEDINGS OF THE STATE LEGISLATURE,
THE PARTICIPATION OF OFFICIALS OR REPRESENTATIVES OF GENERAL UNITS OF
LOCAL GOVERNMENT AND THE PUBLIC IN THE DEVELOPMENT OF SUBSEQUENT
REVISIONS IN THE IMPLEMENTATION OF AND THE FORMULATION OF GUIDELINES,
RULES, AND REGULATIONS CONCERNING THE WASTE MANAGEMENT AND RESOURCE
RECOVERY PROGRAM.
"(E) THE ADMINISTRATOR SHALL AFTER CONSIDERATION OF ANY STATE HEARING
RECORD, PROMPTLY PREPARE AND PUBLISH REGULATIONS SETTING FORTH SUGGESTED
REVISIONS IN A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY
PLAN IF HE DETERMINES THAT THE PLAN, OR ANY PORTION THEREOF, SUBMITTED
FOR SUCH STATE IS DETERMINED NOT TO BE IN ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION. THE STATE MAY THEN RESUBMIT A PLAN
REVISED TO TAKE INTO ACCOUNT THE SUGGESTIONS OF THE ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(F) IN THE EVENT THAT A STATE DOES NOT SUBMIT A PLAN BY JANUARY 1,
1977, THE ADMINISTRATOR MAY RECEIVE AREAWIDE SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY PLANS FROM MULTIJURISDICTIONAL ORGANIZATIONS
REPRESENTING GENERAL UNITS OF LOCAL GOVERNMENT. APPROVAL OF SUCH PLANS
SHALL BE CONDITIONED UPON THE CRITERIA GOVERNING STATEWIDE PLANS, AND
APPROVAL SHALL ALLOW THE UNITS OF GOVERNMENT WITHIN THE AREA COVERED TO
BECOME ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER THIS ACT TO THE SAME
EXTENT THAT APPROVAL OF A STATEWIDE PLAN WOULD FULFILL SUCH ELIGIBILITY
REQUIREMENTS.
"(G) GRANTS PURSUANT TO THIS SECTION MAY BE MADE UPON APPLICATION
THEREFOR WHICH:
"(1) DESIGNATES OR ESTABLISHES A SINGLE AGENCY (WHICH MAY BE AN
INTERDEPARTMENTAL AGENCY) AS THE SOLE AGENCY FOR CARRYING OUT THE
PURPOSES OF THIS SECTION FOR THE AREA INVOLVED;
"(2) INDICATES THE MANNER IN WHICH PROVISION WILL BE MADE TO ASSURE
FULL CONSIDERATION OF ALL ASPECTS OF PLANNING ESSENTIAL TO AREAWIDE
PLANNING FOR PROPER AND EFFECTIVE RESOURCE RECOVERY AND SOLID WASTE
DISPOSAL CONSISTENT WITH THE PROTECTION OF THE PUBLIC HEALTH AND
WELFARE, INCLUDING SUCH FACTORS AS POPULATION GROWTH, URBAN AND
METROPOLITAN DEVELOPMENT, LAND USE PLANNING, WATER POLLUTION CONTROL,
AIR POLLUTION CONTROL, AND THE FEASIBILITY OF REGIONAL DISPOSAL AND
RESOURCE RECOVERY PROGRAM;
"(3) SETS FORTH PLANS FOR EXPENDITURES OF SUCH GRANT, WHICH PLANS
PROVIDE REASONABLE ASSURANCE OF CARRYING OUT THE PURPOSES FOR WHICH THE
GRANT IS INTENDED.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(4) PROVIDES FOR SUBMISSION OF SUCH REPORTS OF THE ACTIVITIES OF THE
AGENCY IN CARRYING OUT THE PURPOSES OF THIS SECTION, IN SUCH FORM AND
CONTAINING SUCH INFORMATION, AS THE ADMINISTRATOR MAY FROM TIME TO TIME
FIND NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS SECTION AND FOR
KEEPING SUCH RECORDS AND AFFORDING SUCH ACCESS THERETO AS HE MAY FIND
NECESSARY; AND
"(5) PROVIDES FOR SUCH FISCAL-CONTROL AND FUND-ACCOUNTING PROCEDURES
AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF AND ACCOUNTING FOR
FUNDS PAID TO THE AGENCY UNDEF THIS SECTION.
"(H) THE ADMINISTRATOR SHALL MAKE A GRANT UNDER THIS SECTION ONLY IF
HE FINDS THAT THERE IS SATISFACTORY ASSURANCE THAT ANY PLANNING FOR
RESOURCE RECOVERY AND SOLID WASTE MANAGEMENT WILL BE COORDINATED, SO FAR
AS PRACTICABLE, WITH AND NOT DUPLICATE OTHER RELATED STATE, INTERSTATE,
REGIONAL, AND LOCAL LAND USE AND RELATED PLANNING ACTIVITIES, INCLUDING
ANY INTERNATIONAL PLANNING ACTIVITIES AND AGREEMENTS, AND INCLUDING
PLANNING ACTIVITIES MAINTAINED IN ACCORDANCE WITH THE CLEAN AIR ACT AND
THE FEDERAL WATER POLLUTION CONTROL ACT AND THOSE FINANCED IN PART WITH
FUNDS PURSUANT TO SECTION 701 OF THE HOUSING ACT OF 1954.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
S 3277, 740329
S 3954, 740822
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"(I) NOT MORE THAN 10 PER CENTUM OF THE TOTAL OF FUNDS AUTHORIZED TO
BE APPROPRIATED UNDER THIS SECTION FOR ANY FISCAL YEAR SHALL BE GRANTED
UNDER THIS SECTION FOR PROJECTS IN ANY ONE STATE.
"(J) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS
SECTION, NOT TO EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1975, NOT TO EXCEED $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976, AND NOT TO EXCEED $100,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1977.
"GRANTS FOR ENERGY AND RESOURCE RECOVERY SYSTEMS
AND IMPROVED SOLID WASTE DISPOSAL FACILITIES
"SEC. 107. (A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS
PURSUANT TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERSTATE OR
INTERMUNICIPAL AGENCY FOR THE DEMONSTRATION OF ENERGY RESOURCE RECOVERY
SYSTEMS OR FOR THE CONSTRUCTION OF NEW OR IMPROVED SOLID WASTE DISPOSAL
FACILITIES.
"(B)(1) A 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 SECTION 106 (D)(2) OF THIS ACT;
(B) IS CONSISTENT WITH ANY GUIDELINES RECOMMENDED PURSUANT TO SECTION
104 (B)(4) OF THIS ACT; (C) IS DESIGNED TO PROVIDE AREAWIDE RESOURCE
RECOVERY SYSTEMS CONSISTENT WITH THE PURPOSES OF THIS ACT, 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.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES
SHALL NOT BE MORE THAN 75 PER CENTUM.
"(C)(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 ACT, AND (III) IS CONSISTENT WITH
ANY GUIDELINES RECOMMENDED UNDER SECTION 104(B)(4), 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 RECYCLYING
USEFUL MATERIALS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
S 3549, 740530
S 1086, 730306
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"(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES
SHALL BE NOT MORE THAN 50 PER CENTUM IN THE CASE OF A PROJECT SERVING AN
AREA WHICH INCLUDES ONLY ONE MUNICIPALITY, AND NOT MORE THAN 75 PER
CENTUM IN ANY OTHER CASE.
"(D) 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 OPERATION 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); AND (C) TO THE USE BY THE APPLICANT OF
COMPREHENSIVE REGIONAL OR METROPOLITAN AREA PLANNING.
"(E) 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) 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 ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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FOR PURPOSES OF PARAGRAPH (1) OF THIS SUBSECTION 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) NO GRANT SHALL BE MADE UNDER THIS SECTION FOR ANY PROJECT IN A
STATE WHICH ON OR AFTER JULY 1, 1976, IS NOT ELIGIBLE FOR A GRANT UNDER
SUBSECTION (B) OF SECTION 106 OF THIS ACT.
"(G)(1) NOT MORE THAN 15 PER CENTUM OF THE TOTAL OF FUNDS AUTHORIZED
TO BE APPROPRIATED UNDER THIS SECTION FOR ANY FISCAL YEAR 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.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(H) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS
SECTION NOT TO EXCEED $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1975, AND NOT TO EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976, AND NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1977.
"LOANS FOR IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS
"SEC. 108. (A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE LOANS PURSUANT
TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERMUNICIPAL AGENCY FOR
THE IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS IN THOSE AREAS WHERE
RESOURCE RECOVERY SYSTEMS IN PRIVATE INDUSTRY ARE UNABLE TO ASSURE THE
ENERGY AND MATERIALS RECOVERY RO DISPOSAL OF ALL MATERIALS GENERATED IN
COLLECTION ACTIVITIES.
"(B)(1) A LOAN UNDER THIS SECTION FOR THE IMPLEMENTATION OF A
RESOURCE RECOVERY SYSTEM MAY BE MADE ONLY IF THE PROPOSED SYSTEM (A) IS
CONSISTENT WITH ANY PLANS WHICH MEET THE REQUIREMENTS OF SECTION
105(D)(2) OF THIS ACT; (B) IS CONSISTENT WITH ANY GUIDELINES
RECOMMENDED PURSUANT TO SECTION 104(B)(4) OF THIS ACT; (C) IS DESIGNED
TO PROVIDE AREAWIDE RESOURCE RECOVERY SYSTEMS CONSISTENT WITH THE
PURPOSES OF THIS ACT, AS DETERMINED BY THE ADMINISTRATOR, PURSUANT TO
REGULATIONS PROMULGATED UNDER SUBSECTION (C) 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 SYSTEMS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(2) THE AMOUNT OF THE LOAN FOR ANY PROJECT TO WHICH PARAGRAPH (1)
APPLIES SHALL BE NOT MORE THAN 75 PER CENTUM OF THE PROJECT COSTS AS
DETERMINED UNDER SUBSECTION (E) OF SECTION 106 OF THIS ACT, AND SUCH
AMOUNTS SHALL BE AVAILABLE AT AN INTEREST RATE NOT TO EXCEED 3 PER
CENTUM PER ANNUM, AS DETERMINED BY THE ADMINISTRATOR.
"(3) A LOAN FOR ANY PROJECT UNDER THIS SECTION SHALL BE GRANTED BY
THE ADMINISTRATOR ON CONDITION THAT IT BE REPAID WITHIN A PERIOD OF NOT
MORE THAN TWENTY YEARS FROM THE DATE OF THE LOAN, EXCEPT THAT, ON AN
ANNUAL BASIS, THE ADMINISTRATOR SHALL REDUCE SUCH PAYMENT OF PRINCIPAL
AND INTEREST DUE FOR THAT YEAR BY AN AMOUNT EQUAL TO ONE-HALF OF ANY
FUNDS RECEIVED BY THE LOAN RECIPIENT FROM THE SALE OF SOLID WASTE, OR
MATERIAL DERIVED THEREFROM, WHICH HAS BEEN RECOVERED FROM OPERATION OF
THE RESOURCE RECOVERY SYSTEM DURING THE PREVIOUS YEAR.
"(C)(1) THE ADMINISTRATOR, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER
THE DATE OF ENACTMENT OF THIS SECTION, SHALL PROMULGATE REGULATIONS
ESTABLISHING PROCEDURES FOR AWARDING LOANS UNDER THIS SECTION WHICH
SHALL INCLUDE DEADLINES FOR SUBMISSION, AND ACTION ON, LOAN REQUESTS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(2) IN TAKING ACTION ON APPLICATIONS FOR LOANS UNDER THIS SECTION,
CONSIDERATION SHALL BE GIVEN BY THE ADMINISTRATOR (A) TO THE PUBLIC
BENEFITS TO BE DERIVED BY THE CONSTRUCTION AND OPERATION AND THE
PROPRIETY OF FEDERAL AID IN MAKING SUCH LOANS; (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); AND (C) TO THE USE BY THE APPLICANT OF
COMPREHENSIVE REGIONAL OR METROPOLITAN AREA PLANNING.
"(D) NO LOAN SHALL BE MADE UNDER THIS SECTION FOR ANY PROJECT IN A
STATE WHICH ON OR AFTER JULY 1, 1976, IS NOT ELIGIBLE FOR A GRANT UNDER
SUBSECTION (B) OF SECTION 106 OF THIS ACT.
"(E) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR,
FOR REPAYMENT OF LOANS TO CARRY OUT THE PROVISIONS OF THIS SECTION, SUCH
SUMS AS MAY BE NECESSARY.
"GRANTS OR CONTRACTS FOR TRAINING PROJECTS
"SEC. 109. (A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO, AND
CONTRACTS WITH, ANY ELIGIBLE ORGANIZATION. FOR PURPOSES OF THIS SECTION
THE TERM 'ELIGIBLE ORGANIZATION' MEANS A STATE OR INTERSTATE AGENCY, A
MUNICIPALITY, EDUCATIONAL INSTITUTION, AND ANY OTHER ORGANIZATION WHICH
IS CAPABLE OF EFFECTIVELY CARRYING OUT A PROJECT WHICH MAY BE FUNDED BY
GRANT UNDER SUBSECTION (B) OF THIS SECTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(B)(1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2), GRANTS OR
CONTRACTS MAY BE MADE TO PAY ALL OR PART OF THE COSTS, AS MAY BE
DETERMINED BY THE ADMINISTRATOR, OR ANY PROJECT OPERATED OR TO BE
OPERATED BY AN ELIGIBLE ORGANIZATION, WHICH IS DESIGNED:
"(A) TO DEVELOP, EXPAND, OR CARRY OUT A PROGRAM (WHICH MAY COMBINE
TRAINING, EDUCATION, AND EMPLOYMENT) FOR TRAINING PERSONS FOR
OCCUPATIONS INVOLVING THE MANAGEMENT, SUPERVISION, DESIGN, OPERATION, OR
MAINTENANCE OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY EQUIPMENT AND
FACILITIES; AND
"(B) TO TRAIN INSTRUCTORS AND SUPERVISORY PERSONNEL TO TRAIN OR
SUPERVISE PERSONS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND
MAINTENANCE OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY EQUIPMENT AND
FACILITIES.
"(2) A GRANT OR CONTRACT AUTHORIZED BY PARAGRAPH (1) OF THIS
SUBSECTION MAY BE MADE ONLY UPON APPLICATION TO THE ADMINISTRATOR AT
SUCH TIME OR TIMES AND CONTAINING SUCH INFORMATION AS HE MAY PRESCRIBE,
EXCEPT THAT NO SUCH APPLICATION SHALL BE APPROVED UNLESS IT PROVIDES FOR
THE SAME PROCEDURES AND REPORTS (AND ACCESS TO SUCH REPORTS AND TO OTHER
RECORDS) AS IS REQUIRED BY SECTION 105(D) (4) AND (5) WITH RESPECT TO
APPLICATIONS MADE UNDER THIS SUCH SECTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"FEDERAL AGENCY ACTIVITIES
"SEC. 110. (A) NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER THE
DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL, AFTER
CONSULTATION WITH OTHER APPROPRIATE FEDERAL AGENCIES, PUBLISH IN THE
FEDERAL REGISTER PROPOSED REGULATIONS RECOMMENDING EFFECTIVE RESOURCE
RECOVERY AND SOLID WASTE MANAGEMENT PRACTICES FOR USE BY FEDERAL
AGENCIES. THESE REGULATIONS SHALL:
"(1) ESTABLISH GUIDELINES THAT, TO THE MAXIMUM EXTENT FEASIBLE,
ASSURE THE PURCHASE BY FEDERAL AGENCIES OF MATERIALS AND PRODUCTS WHICH
HAVE BEEN RECYCLED AND MAY BE RECYCLED OR REUSED WHEN DISCARDED;
"(2) ENCOURAGE ALL FEDERAL AGENCIES TO MINIMIZE THE ACCUMULATION OF
SOLID WASTE BY LIMITING, TO THE GREATEST EXTENT PRACTICABLE, THE VOLUME
OF MATERIALS AND PRODUCTS USED AND DISCARDED, AND
"(3) ENCOURAGE EACH AGENCY TO ESTABLISH SYSTEMS FOR THE COLLECTION OF
MATERIALS FOR RECYCLING (OR ENERGY RECOVERY), REUSE AND PROVIDE
ASSURANCE THAT SUCH MATERIAL AND PRODUCTS, ONCE COLLECTED, WILL BE MADE
AVAILABLE, WHENEVER POSSIBLE, TO AN APPROPRIATE PUBLIC AGENCY OR PRIVATE
INDUSTRY FOR REUSE OR RECYCLING;
"(B)(1) NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER THE DATE OF
ENACTMENT OF THIS ACT, THE ADMINISTRATOR, IN COOPERATION WITH THE
ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION AND THE PUBLIC
PRINTER, SHALL PUBLISH IN THE FEDERAL REGISTER PROPOSED REGULATIONS
ESTABLISHING GUIDELINES FOR USE OF RECYCLED PAPER AND PAPER PRODUCTS BY
ALL AGENCIES OF THE FEDERAL GOVERNMENT AS WELL AS PUBLIC AND PRIVATE
AGENCIES, INDIVIDUALS AND ORGANIZATIONS WHO CONTRACT WITH THE FEDERAL
GOVERNMENT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(2) SUCH REGULATIONS SHALL DESIGNATE CATEGORIES OF PAPER AND PAPER
PRODUCTS WITH THE GREATEST POTENTIAL AND FEASIBILITY OF BEING COMPOSED
OF RECYCLED PAPER AND MATERIALS AND SHALL SPECIFY THE NATURE AND
PERCENTAGE OF SUCH RECYCLED MATERIALS TO BE CONTAINED IN SUCH PRODUCTS.
SUCH REGULATIONS SHALL REQUIRE THAT ALL FEDERAL AGENCIES AND ALL FEDERAL
CONTRACTORS, IN THE PERFORMANCE OF THEIR CONTRACT WORK, SHALL USE
RECYCLED PAPER AND PAPER PRODUCTS MEETING THE SPECIFICATIONS OF
REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH IN ALL PURCHASES OR
ACQUISITIONS OF ANY PROPERTY HAVING A FAIR MARKET VALUE OF $5,000 OR
MORE AND WITH RESPECT TO ANY PURCHASE OR ACQUISITION ON A RECURRING OR
CONTINUING BASIS OF THE SAME OR A FUNCTIONALLY EQUIVALENT MATERIAL,
PRODUCT, OR ITEM WHERE THE FAIR MARKET VALUE OF THE QUANTITY THEREOF
PURCHASED OR ACQUIRED IN THE COURSE OF THE PRECEDING FISCAL YEAR WAS
$5,000 OR MORE.
"(C) THE REQUIREMENTS OF PARAGRAPHS (1) AND (2) OF THIS SECTION SHALL
NOT APPLY TO ANY PROCUREMENT BY A PROCURING AGENCY IF THE PROCUREMENT
ITEM WHICH MEETS SUCH REQUIREMENTS AND REGULATIONS (A) IS NOT REASONABLY
AVAILABLE WITHIN A REASONABLE PERIOD OF TIME; (B) DOES NOT MEET
REASONABLE PERFORMANCE STANDARDS SET BY SUCH AGENCY; (C) IS ONLY
AVAILABLE AT A PRICE WHICH UNREASONABLY EXCEEDS THE CURRENT MARKET PRICE
FOR COMPETING ITEMS; OR (D) CANNOT BE PURCHASED CONSISTENT WITH ANY
OTHER FEDERAL LAW.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(D) THE ADMINISTRATOR SHALL PUBLISH FINAL REGULATIONS TO IMPLEMENT
SUBSECTION (A) AND SUBSECTION (B) RESPECTIVELY WITHIN ONE HUNDRED AND
TWENTY DAYS AFTER PUBLICATION OF THE PROPOSED REGULATIONS, AND SUCH
REGULATIONS SHALL BECOME EFFECTIVE NOT MORE THAN ONE HUNDRED AND EIGHTY
DAYS THEREAFTER.
"(E) THE PRESIDENT SHALL PRESCRIBE REGULATIONS TO CARRY OUT THIS
SECTION WHICH SHALL INSURE THAT:
"(1) EACH EXECUTIVE AGENCY (AS DEFINED IN SECTION 105 OF TITLE 5,
UNITED STATES CODE) SHALL INSURE COMPLIANCE OF ITS OWN ACTIVITIES WITH
THE REGULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS
ACT;
"(2) EACH EXECUTIVE AGENCY WHICH ENTERS INTO A CONTRACT WITH ANY
PERSON FOR THE OPERATION BY SUCH PERSON OF ANY FEDERAL PROPERTY OR
FACILITY OR THE PERFORMANCE BY SUCH PERSON OF ANY FUNCTION OF THAT
AGENCY, SHALL INSURE COMPLIANCE WITH THE REQULATIONS RECOMMENDED UNDER
THIS SECTION AND THE PURPOSES OF THIS ACT IN THE OPERATION OR
ADMINISTRATION OF SUCH PROPERTY OR FACILITY, OR THE PERFORMANCE OF SUCH
CONTRACT, AS THE CASE MAY BE.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(3) EACH EXECUTIVE AGENCY WHICH PERMITS THE USE OF FEDERAL PROPERTY
FOR PURPOSES OF DISPOSAL OF SOLID WASTE SHALL INSURE COMPLIANCE WITH THE
REGULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS ACT
IN THE DISPOSAL OF SUCH WASTE; AND
"(4) 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
REGULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS ACT.
"(F) THE PRESIDENT MAY EXEMPT ANY SINGLE ACTIVITY OR FACILITY OF ANY
DEPARTMENT, AGENCY, OR INSTRUMENTALITY IN THE EXECUTIVE BRANCH FROM
COMPLIANCE WITH ANY REGULATIONS RECOMMENDED UNDER THIS SECTION IF HE
DETERMINES IT TO BE IN THE PARAMOUNT INTEREST OF THE UNITED STATES TO DO
SO; EXCEPT THAT NO EXEMPTION SHALL BE GRANTED DUE TO LACK OF
APPROPRIATION UNLESS THE PRESIDENT SHALL HAVE SPECIFICALLY REQUESTED
SUCH APPROPRIATION AS A PART OF THE BUDGETARY PROCESS AND THE CONGRESS
SHALL HAVE FAILED TO MAKE AVAILABLE SUCH REQUESTED APPROPRIATION. ANY
EXEMPTION SHALL BE FOR A PERIOD NOT IN EXCESS OF ONE YEAR, BUT
ADDITIONAL EXEMPTIONS MAY BE GRANTED FOR PERIODS OF NOT TO EXCEED ONE
YEAR UPON THE PRESIDENT'S MAKING A NEW DETERMINATION. THE PRESIDENT
SHALL REPORT EACH JANUARY TO THE CONGRESS ALL EXEMPTIONS FROM THE
REQUIREMENTS OF THIS SECTION GRANTED DURING THE PRECEDING CALENDAR YEAR,
TOGETHER WITH HIS REASON FOR GRANTING SUCH EXEMPTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"PACKAGING, PRODUCTS, AND CONTAINERS
SEC. 111. (A) THE ADMINISTRATOR, AFTER CONSULTATION WITH APPROPRIATE
FEDERAL, STATE, INTERSTATE, AND MUNICIPAL AGENCIES AND EITHER INTERSTED
PERSONS, SHALL WITHIN SIX MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT
(AND FROM TIME TO TIME THEREAFTER REVISE) PUBLISH CRITERIA TO BE USED IN
CLASSIFYING PRODUCTS, CONTAINERS, AND PACKAGING BASED UPON (1) THE SOLID
WASTE DISPOSAL, RESOURCE CONSUMPTION, AND ENERGY CONSUMPTION PROBLEMS
CAUSED BY THE ITEMS, (2) THE POTENTIAL FOR SIGNIFICANT REUSE OF SUCH
ITEMS, AND (3) THE POTENTIAL FOR RESOURCE RECOVERY OR RECYCLABILITY OF
SUCH ITEMS.
"(B) WITHIN NINETY DAYS AFTER THE DATE OF PUBLICATION OF THE CRITERIA
UNDER SUBSECTION (A) OF THIS SECTION, THE ADMINISTRATOR SHALL PUBLISH
(AND FROM TIME TO TIME THEREAFTER REVISE) PUBLISH A LIST OF ITEMS FOR
WHICH REGULATIONS WILL BE PUBLISHED UNDER THIS SECTION. SUCH LIST SHALL
BE BASED ON A BALANCING OF THE FACTORS CONSIDERED IN THE CRITERIA
PUBLISHED UNDER SUBSECTION (A) OF THIS SECTION.
"(C) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE DATE OF PUBLICATION
OF THE LIST UNDER SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATOR, IN
ACCORDANCE WITH SECTION 553 OF TITLE 5 OF THE UNITED STATES CODE, SHALL
PUBLISH PROPOSED REGULATIONS FOR THE MANUFACTURE, DISTRIBUTION, REUSE,
AND RECYCLING OF PRODUCTS, CONTAINERS, OR PACKAGING.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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SUCH STANDARDS MAY INCLUDE MINIMUM PERCENTAGES OF RECYCLED MATERIALS
WHICH SHALL BE CONTAINED IN SUCH ITEMS, MAXIMUM PERMISSABLE QUANTITIES
OF COMPONENT MATERIALS AND MAY PRESCRIBE METHODS OF DISTRIBUTION FOR
CERTAIN ITEMS AND PROHIBITIONS AGAINST THE MANUFACTURE AND SALE OF
SPECIFIC ITEMS. THE ADMINISTRATOR SHALL PUBLISH A NOTICE FOR A PUBLIC
HEARING ON SUCH PROPOSED REGULATIONS TO BE HELD WITHIN SIXTY DAYS. AS
SOON AS POSSIBLE AFTER SUCH HEARING, BUT NOT LATER THAN SIX MONTHS AFTER
PUBLICATION OF THE PROPOSED REGULATIONS, UNLESS THE ADMINISTRATOR FINDS,
ON THE RECORD, THAT A MODIFICATION OF SUCH PROPOSED STANDARD IS
JUSTIFIED BASED UPON A PREPONDERANCE OF EVIDENCE ADDUCED AT SUCH
HEARINGS, SUCH STANDARD SHALL BE PROMULGATED. IF AFTER A PUBLIC HEARING
THE ADMINISTRATOR FINDS THAT A MODIFICATION OF SUCH PROPOSED STANDARD IS
JUSTIFIED, REVISED REGULATIONS SHALL BE PROMULGATED IMMEDIATELY. SUCH
REGULATIONS SHALL BE REVIEWED AND, IF APPROPRIATE, REVISED AT LEAST
EVERY THREE YEARS.
"SEC. 112. (A) NOT LATER THAN ONE YEAR AFTER ENACTMENT OF THIS ACT
THE ADMINISTRATOR, AFTER A PUBLIC HEARING, SHALL PUBLISH:
"(1) A CLASSIFICATION SYSTEM OF MAJOR ITEMS OF SOLID WASTE BASED
UPON:
"(A) THE SOLID WASTE AND RESOURCE CONSUMPTION PROBLEMS CAUSED BY THE
ITEM,
"(B) THE POTENTIAL FOR INCREASING THE USEFUL LIFE OF THE ITEM, AND
"(C) SUCH OTHER FACTORS, AS DEEMED APPROPRIATE; AND
"(2) PROPOSED REGULATIONS ESTABLISHING THE MINIMUM LIFE FOR MAJOR
ITEMS CLASSIFIED AS CONTRIBUTING SIGNIFICANTLY TO SOLID WASTE OR
RESOURCE CONSUMPTION PROBLEMS AND HAVING SUBSTANTIAL POTENTIAL FOR
INCREASED USEFUL LIFE.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(B) THE ADMINISTRATOR MAY ESTABLISH A SYSTEM OF FEES OR SOME OTHER
MECHANISM OF SYSTEM TO ENCOURAGE RECONDITIONING, REUSE, RECYCLING, OR
DISPOSAL WITHOUT HARM TO THE ENVIRONMENT OR VIOLATION OF ANY APPLICABLE
AIR OR WATER QUALITY REQUIREMENTS OF MAJOR ITEMS.
"(C) NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER PUBLICATION OF
THE PROPOSED REGULATIONS THE ADMINISTRATOR AFTER PUBLIC HEARINGS SHALL
PUBLISH FINAL REGULATIONS GOVERNING MAJOR ITEMS OF SOLID WASTE WHICH
REGULATIONS SHALL BECOME EFFECTIVE TWENTY-FOUR MONTHS AFTER PUBLICATION.
"(D) THE ADMINISTRATOR SHALL REQUIRE THAT ANY MAJOR ITEM OF SOLID
WASTE FOR WHICH STANDARDS HAVE BEEN PROMULGATED PURSUANT TO THIS SECTION
AND WHICH IS MANUFACTURED AFTER THE DATE OR WHICH SUCH STANDARDS BECOME
EFFECTIVE SHALL INCLUDE A LABEL WHICH SPECIFIES THE CONDITIONS SET OUT
IN THE STANDARD FOR THAT MAJOR ITEM OF SOLID WASTE FOR ITS REUSE,
RECYCLING, OR DISPOSAL AND SHALL INCLUDE INFORMATION AS TO ANY
REIMBURSABLE FEES PAYABLE TO THE HOLDER OF THAT MAJOR ITEM OF SOLID
WASTE AT SUCH TIME AS THE ITEM IS RETURNED FOR REUSE, RECYCLING, OR
DISPOSAL AS INDICATED ON THE LABEL.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"IMPORTS
"SEC. 113. ANY PRODUCT OFFERED FOR ENTRY INTO THE UNITED STATES FOR
WHICH A STANDARD HAS BECOME EFFECTIVE PURSUANT TO SECTION 111 OR 112 OF
THIS ACT, WHICH IS NOT ACCOMPANIED BY A CERTIFICATE OF COMPLIANCE IN THE
FORM PRESCRIBED BY THE ADMINISTRATOR, SHALL BE REFUSED ENTRY INTO THE
UNITED STATES. IF A PRODUCT IS REFUSED ENTRY, THE SECRETARY OF THE
TREASURY SHALL REFUSE DELIVERY TO THE CONSIGNEE AND SHALL REQUIRE
STORAGE OF ANY PRODUCT REFUSED DELIVERY WHICH HAS NOT BEEN EXPORTED BY
THE CONSIGNEE WITHIN THREE MONTHS AFTER THE DATE OF NOTICE OF SUCH
REFUSAL UNDER SUCH REGULATIONS AS THE SECRETARY OF THE TREASURY MAY
PRESCRIBE, EXCEPT THAT THE SECRETARY OF THE TREASURY MAY DELIVER TO THE
CONSIGNEE SUCH PRODUCT PENDING EXAMINATION AND DECISION IN THE MATTER ON
EXECUTION OF BOND FOR THE AMOUNT OF THE FULL INVOICE VALUE OF SUCH
PRODUCT, TOGETHER WITH THE DUTY THEREON, AND ON REFUSAL TO RETURN SUCH
PRODUCT FOR ANY CAUSE TO THE CUSTODY OF THE SECRETARY OF THE TREASURY,
WHEN DEMANDED, FOR THE PURPOSE OF EXCLUDING IT FROM THE COUNTRY, OR FOR
ANY PURPOSE, SAID CONSIGNEE SHALL FORFEIT THE FULL AMOUNT OF SAID BOND.
ALL CHARGES FOR STORAGE, CARTAGE, AND LABOR ON PRODUCTS WHICH ARE
REFUSED ADMISSION OR DELIVERY UNDER THIS SECTION SHALL BE PAID BY THE
OWNER OR CONSIGNEE, AND IN DEFAULT OF SUCH PAYMENT SHALL CONSTITUTE A
LIEN AGAINST ANY FUTURE IMPORTATION MADE BY SUCH OWNER OR CONSIGNEE.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"PROHIBITED ACTS
"SEC. 114. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS
SECTION, THE FOLLOWING ACTS OR THE CAUSING THEREOF ARE PROHIBITED;
"(1) AT ANY TIME LATER THAN ONE YEAR AFTER PUBLICATION OF FINAL
REGULATIONS FOR PRODUCTS, PACKAGING, AND CONTAINERS UNDER SECTION 111 OF
THIS ACT, THE MANUFACTURE, DISTRIBUTION, SALE, OR OFFERING FOR SALE OF
ANY PRODUCT PACKAGING, OR CONTAINER NOT IN COMPLIANCE WITH SUCH
REGULATIONS;
"(2) THE MANUFACTURE, DISTRIBUTION, SALE, OR OFFERING FOR SALE OF ANY
MAJOR ITEM OF SOLID WASTE IN VIOLATION OF CONDITIONS OR PROCEDURES
ESTABLISHED BY STANDARDS PROMULGATED AND IN EFFECT FOR SUCH MAJOR ITEMS
OF SOLID WASTE IN ACCORDANCE WITH SECTION 112 OF THIS ACT;
"(3) THE REMOVAL BY ANY PERSON OF ANYLBEL AFFIXED TO A MAJOR ITEM OF
SOLID WASTE PURSUANT TO REGULATIONS PROMULGATED UNDER SECTION 112(D) OF
THIS ACT PRIOR TO SALE OF SUCH ITEM TO THE ULTIMATE PURCHASER, OR THE
SALE OF A MAJOR ITEM OF SOLID WASTE FROM WHICH SUCH LABEL HAS BEEN
REMOVED.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(4) THE IMPORTATION INTO THE UNITED STATES FOR RESALE BY ANY PERSON
OF ANY CONSUMER PRODUCTS OR MAJOR ITEM OF SOLID WASTE IN VIOLATION OF
REGULATIONS PROMULGATED UNDER SECTION 113 OF THIS ACT THAT ARE
APPLICABLE TO SUCH PRODUCT;
"(5) THE FAILURE OF ANY PERSON TO COMPLY WITH ANY ORDER ISSUED UNDER
SECTION 115(D) OF THIS ACT.
"(B) THE ADMINISTRATOR MAY, AFTER PUBLIC HEARINGS EXEMPT FOR A
SPECIFIED PERIOD OF TIME NOT TO EXCEED ONE YEAR, ANY MAJOR ITEM OF SOLID
WASTE OR CLASS THEREOF, FROM PARAGRAPHS (1) AND (3) OF SUBSECTION (A) OF
THIS SECTION UPON SUCH TERMS AND CONDITIONS AS HE MAY FIND NECESSARY TO
PROTECT THE PUBLIC HEALTH OR WELFARE, FOR THE PURPOSE OF RESEARCH,
INVESTIGATIONS, STUDIES, DEMONSTRATIONS, OR TRAINING, OR FOR REASONS OF
NATIONAL SECURITY.
"ENFORCEMENT
"SEC. 115. (A) ANY PERSON WHO WILLFULLY VIOLATES PARAGRAPH (1), (2),
(3), OR (4) OF SUBSECTION (A) OF SECTION 114 OF THIS ACT SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN $5,000 FOR EACH VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH. IF THE CONVICTION
IS FOR A VIOLATION COMMITTED AFTER A FIRST CONVICTION OF SUCH PERSON
UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A FINE OF NOT MORE THAN
$10,000 FOR EACH VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN TWO
YEAR, OR BY BOTH.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(B) ANY PERSON WHO VIOLATES PARAGRAPH (1), (2), (3), OR (4) OF
SUBSECTION (A) OF SECTION 113 OF THIS ACT SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN $5,000 FOR EACH VIOLATION.
"(C) THE DISTRICT COURTS OF THE UNITED STATES SHALL HAVE JURISDICTION
OF ACTIONS BROUGHT BY AND IN THE NAME OF THE UNITED STATES TO RESTRAIN
ANY VIOLATION OF SECTION 114 OF THIS ACT.
"(D) WHENEVER ANY PERSON IS IN VIOLATION OF SECTION 114(A) OF THIS
ACT, THE ADMINISTRATOR SHALL ISSUE AN ORDER SPECIFYING SUCH RELIEF AS HE
DETERMINES IS NECESSARY TO PROTECT THE PUBLIC HEALTH AND WELFARE. SUCH
RELIEF MAY INCLUDE AN ORDER REQUIRING SUCH PERSON TO CEASE SUCH
VIOLATION, AND MAY ALSO INCLUDE THE SIEZURE OF ANY SUCH PRODUCTS BY THE
ADMINISTRATOR.
"(2) ANY ORDER UNDER THIS SUBSECTION SHALL BE ISSUED ONLY AFTER
NOTICE AND OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH SECTION 554 OF
TITLE 5 OF THE UNITED STATES CODE.
"CITIZEN SUITS
"SEC. 116 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF:
"(1) AGAINST ANY PERSON (INCLUDING (A) THE UNITED STATES, AND (B) ANY
OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY TO THE EXTENT PERMITTED BY
THE ELEVENTH AMENDMENT TO THE CONSTITUTION) WHO IS ALLEGED TO BE IN
VIOLATION OF ANY CERTIFICATION, STANDARD, OR REGULATION WHICH HAS BECOME
EFFECTIVE PURSUANT TO THIS ACT; AND
"(2) AGAINST THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
WHERE THERE IS ALLEGED A FAILURE OF SUCH ADMINISTRATOR TO PERFORM ANY
ACT OR DUTY UNDER THIS ACT WHICH IS NOT DISCRETIONARY WITH SUCH
ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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THE DISTRICT COURTS OF THE UNITED STATES SHALL HAVE JURISDICTION,
WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY OR THE CITIZENSHIP OF THE
PARTIES, TO ENFORCE SUCH STANDARD OR REQUIREMENT OR TO ORDER SUCH
ADMINISTRATOR TO PERFORM SUCH ACT OR DUTY, AS THE CASE MAY BE.
"(B) NO ACTION MAY COMMENCED:
"(1) UNDER SUBSECTION (A)(1) OF THIS SECTION:
"(A) PRIOR TO THIRTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE
VIOLATION (I) TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGCNEY AND (II) TO ANY ALLEGED VIOLATOR OF SUCH CERTIFICATION, STANDARD,
OR REGULATION, OR
"(B) IF THE ADMINISTRATOR HAS COMMENCED AND IS DILIGENTLY PROSECUTING
A CIVIL ACTION TO REQUIRE COMPLIANCE WITH SUCH CERTIFICATION, STANDARD,
OR REGULATION, BUT IN ANY SUCH ACTION IN A COURT OF THE UNITED STATES
ANY PERSON MAY INTERVENE AS A MATTER OF RIGHT; OR
"(2) UNDER SUBSECTION (A)(2) OF THIS SECTION PRIOR TO THIRTY DAYS
AFTER THE PLAINTIFF HAS GIVEN NOTICE TO THE DEFENDANT THAT HE WILL
COMMENCE SUCH ACTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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NOTICE UNDER THIS SUBSECTION SHALL BE GIVEN IN SUCH MANNER AS THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL PRESCRIBE BY
REGULATION.
"(C) IN AN ACTION UNDER THIS SECTION, THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY MAY INTERVENE AS A MATTER OF RIGHT.
"(D) THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION BROUGHT
PURSUANT TO SUBSECTION (A) OF THIS SECTION, MAY AWARD COSTS OF
LITIGATION(INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY
PARTY, WHENEVER THE COURT DETERMINES SUCH AN AWARD IS APPROPRIATE.
"(E) NOTHING IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY
PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO
SEEK ENFORCEMENT OF ANY STANDARD OR REQUIREMENT RELATING TO SOLID WASTE
MANAGEMENT OR TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE
ADMINISTRATOR).
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"JUDICIAL REVIEW
"SEC. 117. ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED UNDER
THIS ACT SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5
OF THE UNITED STATES CODE, EXCEPT THAT:
"(A) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTRATOR IN
PROMULGATING ANY STANDARD, REGULATION, OR LABELING REQUIREMENT UNDER
THIS ACT MAY BE FILED ONLY IN THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA. ANY SUCH PETITION SHALL BE FILED WITHIN SIXTY
DAYS FROM THE DATE OF SUCH PROMULGATION, OR AFTER SUCH DATE IF SUCH
PETITION IS BASED SOLELY ON GROUNDS ARISING AFTER SUCH SIXTIETH DAY.
ACTION OF THE ADMINISTRATOR WITH RESPECT TO WHICH REVIEW COULD HAVE BEEN
OBTAINED UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO JUDICIAL REVIEW
IN CIVIL PROCEEDINGS FOR ENFORCEMENT EXCEPT AS TO WHETHER THE
ADMINISTRATIVE AND JUDICIAL PROCEDURES OF THIS ACT HAVE BEEN OBSERVED;
"(B) IF A PARTY SEEKING REVIEW UNDER THIS ACT APPLIES TO THE COURT
FOR LEAVE TO ADDUCE ADDITIONAL EVIDENCE, AND SHOWS TO THE SATISFACTION
OF THE COURT THAT THE INFORMATION IS MATERIAL AND WAS NOT AVAILABLE AT
THE TIME OF THE PROCEEDING BEFORE THE ADMINISTRATOR, THE COURT MAY ORDER
SUCH ADDITIONAL EVIDENCE (AND EVIDENCE IN REBUTTAL THEREOF) TO BE TAKEN
BEFORE THE ADMINISTRATOR, AND TO BE ADDUCED UPON THE HEARING IN SUCH
MANNER AND UPON SUCH TERMS AND CONDITIONS AS THE COURT MAY DEEM PROPER.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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THE ADMINSTRATOR MAY MODIFY HIS FINDINGS AS TO THE FACTS, OR MAKE NEW
FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE SO TAKEN, AND HE SHALL
FILE WITH THE COURT SUCH MODIFIED OR NEW FINDINGS AND HIS
RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS
ORIGINAL ORDER, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE;
"(C) WITH RESPECT TO RELIEF PENDING REVIEW OF AN ACTION BY THE
ADMINISTRATOR, NO STAY OF AN AGENCY ACTION MAY BE GRANTED UNLESS THE
REVIEWING COURT DETERMINES THAT THE PARTY SEEKING SUCH STAY IS (1)
LIKELY TO PREVAIL ON THE MERITS IN THE REVIEW PROCEEDING AND (2) WILL
SUFFER IRREPARABLE HARM PENDING SUCH PROCEEDING.
"RECORDS, REPORTS, AND INFORMATION
"SEC. 118. (A) ANY MANUFACTURER, DISTRIBUTOR, OR OTHER SELLER OF A
PRODUCT, PACKAGE, OR CONTAINER OF ANY MAJOR ITEM OF SOLID WASTE FOR
WHICH ANY CERTIFICATION, STANDARD, OR REGULATION HAS BEEN PROMULGATED
PURSUANT TO THIS ACT SHALL (1) ESTABLISH AND MAINTAIN SUCH RECORDS, MAKE
SUCH REPORTS, AND PROVIDE SUCH INFORMATION AS THE ADMINISTRATOR MAY
REASONABLY REQUIRE TO ENABLE HIM TO DETERMINE WHETHER SUCH MANUFACTURER,
DISTRIBUTOR, OR OTHER SELLER HAS ACTED OR IS ACTING IN COMPLIANCE WITH
THIS ACT, AND (2) UPON REQUEST OF AN OFFICER OR EMPLOYEE DULY DESIGNATED
BY THE ADMINISTRATOR, PERMIT SUCH OFFICER OR EMPLOYEE AT REASONABLE
TIMES TO HAVE ACCESS TO SUCH INFORMATION: PROVIDED, HOWEVER, THAT SUCH
RECORDS, REPORTS, OR OTHER MATERIALS AS ARE REQUIRED BY THIS SUBSECTION
TO BE SHOWN TO THE ADMINISTRATOR SHALL NOT BE USED AS EVIDENCE IN ANY
ACTION UNDER SUBSECTION (A) OF SECTION 114 OF THIS ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(B) FOR THE PURPOSE OF OBTAINING INFORMATION TO CARRY OUT THIS ACT,
THE ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS,
AND HE MAY ADMINISTER OATHS. WITNESSES SUMMONED SHALL BE PAID THE SAME
FEES AND MILEAGE THAT ARE PAID WITNESSES IN THE COURTS OF THE UNITED
STATES. IN CASES OF CONTUMACY OR REFUSAL TO OBEY A SUBPENA SERVED UPON
ANY PERSON UNDER THIS SUBSECTION, THE DISTRICT COURT OF THE UNITED
STATES FOR ANY DISTRICT IN WHICH SUCH PERSON IS FOUND OR RESIDES OR
TRANSACTS BUSINESS, UPON APPLICATION BY THE UNITED STATES AND AFTER
NOTICE TO SUCH PERSON, SHALL HAVE JURISDICTION TO ISSUE AN ORDER
REQUIRING SUCH PERSON TO APPEAR AND GIVE TESTIMONY BEFORE THE
ADMINISTRATOR, TO APPEAR AND PRODUCE PAPERS, BOOKS, AND DOCUMENTS,
BEFORE THE ADMINISTRATOR, OR BOTH, AND ANY FAILURE TO OBEY SUCH ORDER OF
THE COURT MAY BE PUNISHED BY SUCH COURT AS A CONTEMPT THEREOF.
"(C) ANY RECORDS, REPORTS, OR INFORMATION OBTAINED UNDER THIS SECTION
SHALL BE AVAILABEL TO THE PUBLIC, EXCEPT THAT UPON A SHOWING
SATISFACTORY TO THE ADMINISTRATOR BY ANY PERSON THAT RECORDS, REPORTS,
OR INFORMATION OR PARTICULAR PART THEREOF TO WHICH THE ADMINISTRATOR HAS
ACCESS UNDER THIS SECTION IF MADE PUBLIC, WOULD DIVULGE METHODS OR
PROCESSES ENTITLED TO PROTECTION AS TRADE SECRETS OF SUCH PERSON, THE
ADMINISTRATOR SHALL CONSIDER SUCH RECORD, REPORT, OR INFORMATION OR
PARTICULAR PORTION THEREOF CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES
OF SECTION 19.05 OF TITLE 18 OF THE UNITED STATES CODE, EXCEPT THAT SUCH
RECORD, REPORT, OR INFORMATION MAY BE DISCLOSED TO OTHER OFFICERS,
EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE UNITED STATES CONCERNED
WITH CARRYING OUT THIS ACT OR WHEN RELEVANT IN ANY PROCEEDING UNDER THIS
ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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NOTHING IN THIS SECTION SHALL AUTHORIZE THE WITHHOLDING OF
INFORMATION BY THE ADMINISTRATOR OR ANY OFFICER OR EMPLOYEE UNDER HIS
CONTROL, FROM THE DULY AUTHORIZED COMMITTEES OF THE CONGRESS.
"(D) ANY COMMUNICATION FROM A PERSON OR ANY FEDERAL AGENCY TO THE
ADMINISTRATOR OR ANY OTHER EMPLOYEE OF THE AGENCY CONCERNING A MATTER
UNDER CONSIDERATION IN A RULEMAKING OR ADJUDICATORY PROCEEDING IN THE
AGENCY SHALL BE MADE A PART OF THE PUBLIC FILE OF THAT PROCEEDING AND
SHALL BE AVAILABLE FOR INSPECTION DURING REGULAR BUSINESS HOURS UNLESS
IT IS A COMMUNICATION ENTITLED TO PROTECTION UNDER SUBSECTION (C) OF
THIS SECTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(E) ANY PERSON WHO KNOWINGLY MAKES ANY FALSE STATEMENT,
REPRESENTATION, OR CERTIFICATION IN ANY APPLICATION, RECORD, REPORT,
PLAN, OR OTHER DOCUMENT FILED OR REQUIRED TO BE MAINTAINED UNDER THIS
ACT SHALL UPON CONVICTION BE PUNISHED BY A FINE OF NOT MORE THAN $10,000
OR BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY BOTH.
"PUBLIC RULEMAKING
"SEC. 119. AFTER PUBLICATION OF ANY PROPOSED STANDARDS OR
REGULATIONS UNDER THIS ACT, THE ADMINISTRATOR SHALL, AFTER ADEQUATE
NOTICE, HOLD A PUBLIC HEARING ON THE PROPOSED STANDARDS OR REGULATIONS
AND SHALL ALSO ALLOW THE PUBLIC AN OPPORTUNITY TO PARTICIPATE IN
RULEMAKING IN ACCORDANCE WITH SECTION 553 OF TITLE 5, UNITED STATES
CODE.
"ANNUAL REPORT
"SEC. 120. (A) THE ADMINISTRATOR SHALL COMPILE AND PUBLISH ANNUALLY A
REPORT TO THE CONGRESS:
"(1) THE STATUS AND PROGRESS OF ACTIVITIES RELATING TO REDUCTION OF
SOLID WASTE AND THE REUSE, RECYCLING, AND DISPOSAL OF SOLID WASTE;
"(2) THE IMPACT OF FEDERAL PROCUREMENT, REGULATORY, AND TAX AND
ECONOMIC POLICIES ON RESOURCE RECOVERY AND RECYCLING;
"(3) THE DEVELOPMENT OF MARKETS FOR RECYCLED MATERIALS;
"(4) THE ADEQUACY OF DISPOSAL SITES FOR HAZARDOUS WASTES AND OTHER
DISPOSAL ITEMS;
"(5) EFFORTS OF STATE AND LOCAL GOVERNMENTS AND PRIVATE INDUSTRY IN
IMPROVED SOLID WASTE MANAGEMENT;
"(6) NEW TECHNOLOGICAL DEVELOPMENTS AND OTHER PROCESSES AND SYSTEMS
TO IMPROVE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY EFFORTS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"(7) THE NEED FOR TRAINING AND RECRUITING PERSONNEL FOR SOLID WASTE
MANAGEMENT PROGRAMS;
"(8) THE STATUS OF ANY ENFORCEMENT ACTIONS TAKEN BY THE
ADMINISTRATOR.
"(B) NO REPORT REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, NOR ANY DRAFT OR PORTION THEREOF, SHALL BE SUBMITTED TO THE
OFFICE OF MANAGEMENT AND BUDGET OR ANY OTHER FEDERAL AGENCY ON A DATE
ANY EARLIER THAN THAT ON WHICH SUCH REPORT, OR DRAFT OR PORTION THEREOF,
IS SUBMITTED TO THE CONGRESS.
"LABOR STANDARDS
"SEC. 121. NO GRANT FOR A PROJECT OF CONSTRUCTION UNDER THIS ACT
SHALL BE MADE UNLESS THE ADMINISTRATOR FINDS THAT THE APPLICATION
CONTAINS OR IS SUPPORTED BY REASONABLE ASSURANCE THAT ALL LABORERS AND
MECHANICS EMPLOYED BY CONTRACTORS OR SUBCONTRACTORS ON PROJECTS OF THE
TYPE COVERED BY THE DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A-276A-5),
WILL BE PAID WAGES AT RATES NOT LESS THAN THOSE PREVAILING ON SIMILAR
WORK IN THE LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR IN
ACCORDANCE WITH THAT ACT; AND THE SECRETARY OF LABOR SHALL HAVE WITH
RESPECT TO THE LABOR STANDARDS SPECIFIED IN THIS SECTION THE AUTHORITY
AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (15
F.R. 3176; 5 U.S.C. 133Z-15) AND SECTION 2 OF THE ACT OF JUNE 13, 1934,
AS AMENDED (40 U.S.C. 276C).
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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"EMPLOYEE PROTECTION
"SEC. 122. (A) NO PERSON SHALL FIRE, OR IN ANY OTHER WAY DISCRIMINATE
AGAINST, OR CAUSE TO BE FIRED OR DISCRIMINATED AGAINST, ANY EMPLOYEE OR
ANY AUTHORIZED REPRESENTATIVE OF EMPLOYEES BY REASON OF THE FACT THAT
SUCH EMPLOYEE OR REPRESENTATIVE HAS FILED, INSTITUTED, OR CAUSED TO BE
FILED OR INSTITUTED, ANY PROCEEDING UNDER THIS ACT, OR HAS TESTIFIED OR
IS ABOUT TO TESTIFY IN ANY PROCEEDINGS RELATED TO OR RESULTING FROM THE
ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ACT.
"(B) ANY EMPLOYEE OR A REPRESENTATIVE OF EMPLOYEES WHO BELIEVES THAT
HE HAS BEEN FIRED OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON IN
VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY, WITHIN THIRTY DAYS
AFTER SUCH ALLEGED VIOLATION OCCURS, APPLY TO THE SECRETARY OF LABOR FOR
REVIEW OF SUCH FIRING OR ALLEGED DISCRIMINATION. A COPY OF THE
APPLICATION SHALL BE SENT TO SUCH PERSON WHO SHALL BE THE RESPONDENT.
UPON RECEIPT OF SUCH APPLICATION, THE SECRETARY OF LABOR SHALL CAUSE
SUCH INVESTIGATION TO BE MADE AS HE DEEMS APPROPRIATE. SUCH
INVESTIGATION SHALL PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING AT THE
REQUEST OF ANY PARTY TO SUCH REVIEW TO ENABLE THE PARTIES TO PRESENT
INFORMATION RELATING TO SUCH ALLEGED VIOLATION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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THE PARTIES SHALL BE GIVEN WRITTEN NOTICE OF THE TIME AND PLACE OF
THE HEARING AT LEAST FIVE DAYS PRIOR TO THE HEARING. ANY SUCH HEARING
SHALL BE OF RECORD AND SHALL BE SUBJECT TO SECTION 544 OF TITLE 5 OF THE
UNITED STATES CODE. UPON RECEIVING THE REPORT OF SUCH INVESTIGATION,
THE SECRETARY OF LABOR SHALL MAKE FINDINGS OF FACT. IF HE FINDS THAT
SUCH VIOLATION DID OCCUR, HE SHALL ISSUE A DECISION, INCORPORATING AN
ORDER THEREIN AND HIS FINDINGS, REQUIRING THE PARTY COMMITTING SUCH
VIOLATION TO TAKE SUCH AFFIRMATIVE ACTION TO ABATE THE VIOLATION AS THE
SECRETARY OF LABOR DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, THE
REHIRING OR REINSTATEMENT OF THE EMPLOYEE OR REPRESENTATIVE OF EMPLOYEES
TO HIS FORMER POSITION WITH COMPENSATION. IF HE FINDS THAT THERE WAS NO
SUCH VIOLATIONS, HE SHALL ISSUE AN ORDER DENYING THE APPLICATION. SUCH
ORDER ISSUED BY THE SECRETARY OF LABOR UNDER THIS SUBPARAGRAPH SHALL BE
SUBJECT TO JUDICIAL REVIEW IN THE SAME MANNER AS ORDERS AND DECISIONS OF
THE ADMINISTRATOR ARE SUBJECT TO JUDICIAL REVIEW UNDER THIS A.
"(C) WHENEVER AN ORDER IS ISSUED UNDER THIS SECTION TO ABATE SUCH
VIOLATION, AT THE REQUEST OF THE APPLICANT, A SUM EQUAL TO THE AGGREGATE
AMOUNT OF ALL COSTS AND EXPENSES (INCLUDING THE ATTORNEY'S FEES), AS
DETERMINED BY THE SECRETARY OF LABOR TO HAVE BEEN REASONABLY INCURRED BY
THE APPLICANT FOR, OR IN CONNECTION WITH, THE INSTITUTION AND
PROSECUTION OF SUCH PROCEEDINGS, SHALL BE ASSESSED AGAINST THE PERSON
COMMITTING SUCH VIOLATION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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"(D) THIS SECTION SHALL HAVE NO APPLICATION TO ANY EMPLOYEE WHO,
ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR HIS AGENT) DELIBERATELY
VIOLATES OR CAUSES TO BE VIOLATED ANY PROHIBITION OR LIMITATION
ESTABLISHED UNDER THIS ACT OR WHO COMMITS ANY ACT PROHIBITED BY THIS
ACT.
"(E) THE ADMINISTRATOR SHALL CONDUCT CONTINUING EVALUATIONS OF
POTENTIAL LOSS OR SHIFTS OF EMPLOYMENT WHICH MAY RESULT FROM THE
ISSUANCE OF ANY STANDARD, REGULATION, OR ORDER UNDER THIS ACT,
INCLUDING, WHERE APPROPRIATE, INVESTIGATING THREATENED PLANT CLOSURES OR
REDUCTIONS IN EMPLOYMENT ALLEGEDLY RESULTING FROM SUCH STANDARD,
REGULATION, OR ORDER. ANY EMPLOYEE WHO IS DISCHARGED OR LAID OFF,
THREATENED WITH DISCHARGE OR LAYOFF, OR OTHERWISE DISCRIMINATED AGAINST
BY ANY PERSON BECAUSE OF THE ALLEGED RESULTS OF ANY STANDARD,
REGULATION, OR ORDER ISSUED UNDER THIS ACT, OR ANY REPRESENTATIVE OF
SUCH EMPLOYEE, MAY REQUEST THE ADMINISTRATOR TO CONDUCT A FULL
INVESTIGATION OF THE MATTER. THE ADMINISTRATOR SHALL THEREUPON
INVESTIGATE THE MATTER AND, AT THE REQUEST OF ANY PARTY, SHALL HOLD
PUBLIC HEARINGS ON NOT LESS THAN FIVE DAYS NOTICE, AND SHALL AT SUCH
HEARINGS REQUIRE THE PARTIES, INCLUDING THE EMPLOYER INVOLVED, TO
PRESENT INFORMATION RELATING TO THE ACTUAL OR POTENTIAL EFFECT OF SUCH
STANDARD, REGULATION, OR ORDER ON EMPLOYMENT AND ON ANY ALLEGED
DISCHARGE, LAYOFF, OR OTHER DISCRIMINATION AND THE DETAILED REASONS OR
JUSTIFICATION THEREOF.
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ANY SUCH HEARING SHALL BE OF RECORD AND SHALL BE SUBJECT TO SECTION
554 OF TITLE 5 OF THE UNITED STATES CODE. UPON RECEIVING THE REPORT OF
SUCH INVESTIGATION, THE ADMINISTRATOR SHALL MAKE FINDINGS OF FACT AS TO
THE EFFECT OF SUCH STANDARD, REGULATION OR ORDER ON EMPLOYMENT AND ON
THE ALLEGED DISCHARGE, LAYOFF, OR DISCRIMINATION AND SHALL MAKE SUCH
RECOMMENDATIONS AS HE DEEMS APPROPRIATE. SUCH REPORT, FINDINGS, AND
RECOMMENDATIONS SHALL BE AVAILABLE TO THE PUBLIC. NOTING IN THIS
SUBSECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHORIZE THE ADMINISTRATOR
TO MODIFY OR WITHDRAW ANY STANDARD, REGULATION, OR ORDER ISSUED UNDER
THIS ACT.
"STATE AND LOCAL AUTHORITY
"SEC. 123. NOTHING IN THIS ACT SHALL BE INTERPRETED AS PRECLUDING OR
DENYING THE RIGHT OF ANY STATE OR POLITICAL SUBDIVISION THEREOF TO ADOPT
OR ENFORCE ANY STANDARD OR REGULATION RELATING TO SOLID WASTE MANAGEMENT
OR REUSE, RECYCLING, OR DISPOSAL OF SOLID WASTE WHICH IS MORE STRINGENT
THAN STANDARDS OR REGULATIONS IMPOSED UNDER THIS ACT.
"GENERAL PROVISIONS
"SEC. 124. (A) PAYMENTS OF GRANTS UNDER THIS ACT MAY BE MADE (AFTER
NECESSARY ADJUSTMENT ON ACCOUNT OF PREVIOUSLY MADE UNDERPAYMENTS OR
OVERPAYMENTS) IN ADVANCE OR BY WAY OF REIMBURSEMENT, AND IN SUCH
INSTALLMENTS AND ON SUCH CONDITIONS AS THE ADMINISTRATOR MAY DETERMINE.
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"(B) NO GRANT MAY BE MADE UNDER THIS ACT TO PRIVATE PROFITMAKING
ORGANIZATIONS.
"(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS
ACT, OTHER THAN SECTION 106 AND SECTION 107 NOT TO EXCEED $50,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, NOT TO EXCEED $60,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1976, AND NOT TO EXCEED $70,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1977.
"(D) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF THE
INTERIOR TO CARRY OUT THIS ACT NOT TO EXCEED $25,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1976, AND NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1977. PRIOR TO EXPENDING ANY FUNDS AUTHORIZED TO BE
APPROPRIATED BY THIS SUBSECTION, THE SECRETARY OF THE INTERIOR SHALL
CONSULT WITH THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO
ASSURE THAT THE EXPENDITURE OF SUCH FUNDS WILL BE CONSISTENT WITH THE
PURPOSES OF THIS ACT.
"(E) SUCH PORTION AS THE ADMINISTRATOR MAY DETERMINE BUT NOT MORE
THAN 1 PER CENTUM, OF ANY APPROPRIATION FOR GRANTS, CONTRACTS, OR OTHER
PAYMENTS UNDER ANY PROVISION OF THIS ACT FOR ANY FISCAL YEAR BEGINNING
AFTER JUNE 30, 1970, SHALL BE AVAILALBE FOR EVALUATION (DIRECTLY, OR BY
GRANTS OR CONTRACTS) OF ANY PROGRAM AUTHORIZED BY THIS ACT.
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"(F) SUMS APPROPRIATED UNDER THIS ACT SHALL REMAIN AVAILABLE UNTIL
EXPENDED.
"(G) ANY AND ALL DOCUMENTS SUBMITTED TO THE CONGRESS, THE OFFICE OF
MANAGEMENT AND BUDGET, OR ANY OTHER FEDERAL AGENCY WITH RESPECT TO A
PROPOSED BUDGET TO IMPLEMENT ANY OF THE PROVISIONS OF THIS ACT SHALL BE
MADE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS AT A
PLACE TO BE DESIGNATED BY THE ADMINISTRATOR.
"SEPARABILITY
"SEC. 125. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION OF ANY
PROVISION OF THIS ACT TO ANY PERSON OR CIRCUMSTANCE, IS HELD INVALID,
THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES, AND
THE REMAINDER OF THIS ACT, SHALL NOT BE AFFECTED THEREBY.
"WATER POLLUTION FROM SANITARY LANDFILLS
"SEC. 126. SUBSECTION 304(E)(2) OF THE FEDERAL WATER POLLUTION
CONTROL ACT IS AMENDED BY STRIKING 'AND' AT THE END OF SUBPARAGRAPH (E),
INSERTING 'AND' AT THE END OF SUBPARAGRAPH (F) AND ADDING A NEW
SUBPARAGRAPH TO READ AS FOLLOWS:
"'(G) SANITARY LANDFILL SITES AND OTHER SOLID WASTE DISPOSAL
ACTIVITIES'.".
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93D CONGRESS 1ST SESSION
MR. BAKER INTRODUCED THE FOLLOWING BILL; WHICH WAS READ TWICE AND
REFERRED TO THE COMMITTEE ON PUBLIC WORKS
TO ASSURE PROTECTION OF PUBLIC HEALTH AND OTHER LIVING ORGANISMS FROM
THE ADVERSE IMPACT OF THE DISPOSAL OF HAZARDOUS WASTES, TO AUTHORIZE A
RESEARCH PROGRAM WITH RESPECT TO HAZARDOUS WASTE DISPOSAL, AND FOR OTHER
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT MAY BE CITED AS THE "HAZARDOUS WASTE MANAGEMENT
ACT OF 1973".
FINDINGS AND PURPOSE
SEC. 2(A) THE CONGRESS FINDS:
(1) THAT CONTINUING TECHNOLOGICAL PROGRESS, IMPROVEMENT IN THE
METHODS OF MANUFACTURE, AND ABATEMENT OF AIR AND WATER POLLUTION HAS
RESULTED IN AN EVER-MOUNTING INCREASE OF HAZARDOUS WASTES.
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(2) THAT IMPROPER LAND DISPOSAL AND OTHER MANAGEMENT PRACTICES OF
SOLID, LIQUID, AND SEMISOLID HAZARDOUS WASTES WHICH ARE A PART OF
INTERSTATE COMMERCE ARE RESULTING IN ADVERSE IMPACT ON HEALTH AND OTHER
LIVING ORGANISMS;
(3) THAT THE KNOWLEDGE AND TECHNOLOGY NECESSARY FOR ALLEVIATING
ADVERSE HEALTH, ENVIRONMENTAL, AND ESTHETIC IMPACTS ASSOCIATED WITH
CURRENT WASTE MANAGEMENT AND DISPOSAL PRACTICES ARE GENERALLY AVAILABLE
AT COSTS WITHIN THE FINANCIAL CAPACITY OF THOSE WHO GENERATE SUCH
WASTES, EVEN THOUGH THIS KNOWLEDGE AND TECHNOLOGY ARE NOT WIDELY
UTILIZED;
(4) THAT PRIVATE INDUSTRY HAS DEMONSTRATED ITS CAPACITY AND
WILLINGNESS TO DEVELOP, FINANCE, CONSTRUCT, AND OPERATE FACILITIES AND
TO PERFORM OTHER ACTIVITIES FOR THE ADEQUATE DISPOSAL OF HAZARDOUS AND
OTHER WASTE MATERIALS;
(5) THAT WHILE THE COLLECTION AND DISPOSAL OF WASTES SHOULD CONTINUE
TO BE A RESPONSIBILITY OF PRIVATE INDIVIDUALS AND ORGANIZATIONS AND THE
CONCERN OF STATE, REGIONAL, AND LOCAL AGENCIES, THE PROBLEMS OF
HAZARDOUS WASTE DISPOSAL AS SET FORTH ABOVE AND AS AN INTRINSIC PART OF
INTERSTATE COMMERCE HAVE BECOME A MATTER NATIONAL IN SCOPE AND IN
CONCERN, AND NECESSITATE FEDERAL ACTION THROUGH REGULATION OF THE
TREATMENT AND THE DISPOSAL OF THE MOST HAZARDOUS OF THESE WASTES, AND
THROUGH TECHNICAL AND OTHER ASSISTANCE IN THE APPLICATION OF NEW AND
IMPROVED METHODS AND PROCESSES TO PROVIDE FOR PROPER WASTE DISPOSAL
PRACTICES AND REDUCTIONS IN THE AMOUNT OF WASTE AND UNSALVAGEABLE
MATERIALS.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(B) THE PURPOSES OF THIS ACT THEREFORE ARE:
(1) TO PROTECT PUBLIC HEALTH AND OTHER LIVING ORGANISMS THROUGH
FEDERAL REGULATION IN THE TREATMENT AND DISPOSAL OF CERTAIN HAZARDOUS
WASTES;
(2) TO PROVIDE FOR THE PROMULGATION OF FEDERAL GUIDELINES FOR STATE
REGULATION OF THE TREATMENT AND DISPOSAL OF HAZARDOUS WASTES NOT SUBJECT
TO FEDERAL REGULATION;
(3) TO PROVIDE TECHNICAL AND OTHER ASSISTANCE TO PUBLIC AND PRIVATE
INSTITUTIONS IN THE APPLICATION OF EFFICIENT AND EFFECTIVE WASTE
MANAGEMENT SYSTEMS;
(4) TO PROMOTE A NATIONAL RESEARCH PROGRAM RELATING TO THE HEALTH AND
OTHER EFFECTS OF HAZARDOUS WASTES AND THE PREVENTION OF ADVERSE IMPACTS
RELATING TO HEALTH AND OTHER LIVING ORGANISMS.
THE NEED FOR A NATIONAL MATERIALS POLICY
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DEFINITIONS
SEC. 3. WHEN USED IN THIS ACT:
(1) THE TERM "ADMINISTRATOR" MEANS THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY.
(2) THE TERM "STATE" MEANS A STATE, THE DISTRICT OF COLUMBIA, AND THE
COMMONWEALTH OF PUERTO RICO.
(3) THE TERM "WASTE" MEANS USELESS, UNWANTED, OR DISCARDED SOLID,
SEMISOLID OR LIQUID MATERIALS.
(4) THE TERM "HAZARDOUS WASTE" MEANS ANY WASTE OR COMBINATION OF
WASTES WHICH POSE A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO HUMAN
HEALTH OR LIVING ORGANISMS BECAUSE SUCH WASTES ARE NONDEGRADABLE OR
PERSISTENT IN NATURE OR BECAUSE THEY CAN BE BIOLOGICALLY MAGNIFIED, OR
BECAUSE THEY CAN BE LETHAL, OR BECAUSE THEY MAY OTHERWISE CAUSE OR TEND
TO CAUSE DETRIMENTAL CUMULATIVE EFFECTS.
(5) THE TERM "SECONDARY MATERIAL" MEANS A MATERIAL THAT IS OR CAN BE
UTILIZED IN PLACE OF A PRIMARY OR RAW MATERIAL IN MANUFACTURING A
PRODUCT.
(6) THE TERM "GENERATION" MEANS THE ACT OR PROCESS OF PRODUCING WASTE
MATERIALS.
(7) THE TERM "STORAGE" MEANS THE INTERIM CONTAINMENT OF WASTE AFTER
GENERATION AND PRIOR TO ULTIMATE DISPOSAL. CONTAINMENT FOR MORE THAN
TWO YEARS SHALL BE CONSIDERED DISPOSAL.
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(8) THE TERM "TRANSPORT" MEANS THE MOVEMENT OF WASTES FROM THE POINT
OF GENERATION TO ANY INTERMEDIATE TRANSFER POINTS, AND FINALLY TO THE
POINT OF ULTIMATE DISPOSAL.
(9) THE TERM "TREATMENT" MEANS ANY ACTIVITY OR PROCESSING DESIGNED TO
CHANGE THE PHYSICAL FORM OR CHEMICAL COMPOSITION OF WASTE SO AS TO
RENDER SUCH MATERIALS NONHAZARDOUS.
(10) THE TERM "DISPOSAL OF WASTE" MEANS THE DISCHARGE, DEPOSIT, OR
INJECTION INTO SUBSURFACE STRATA OR EXCAVATIONS OR THE ULTIMATE
DISPOSITION ONTO THE LAND OF ANY WASTE.
(11) THE TERM "DISPOSAL SITE" MEANS THE LOCATION WHERE ANY FINAL
DEPOSITION OF WASTE MATERIALS OCCURS.
(12) THE TERM "TREATMENT FACILITY" MEANS A LOCATION AT WHICH WASTE IS
SUBJECTED TO TREATMENT AND MAY INCLUDE A FACILITY WHERE WASTE HAS BEEN
GENERATED.
(13) THE TERM "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP,
COPARTNERSHIP, FIRM, COMPANY, CORPORATION, ASSOCIATION, JOINT STOCK
COMPANY, TRUST, STATE, MUNICIPALITY, OR ANY LEGAL REPRESENTATIVE AGENT
OR ASSIGNS.
(14) THE TERM "MUNICIPALITY" MEANS A CITY, TOWN, BOROUGH, COUNTY,
PARISH, DISTRICT, OR OTHER PUBLIC BODY CREATED BY OR PURSUANT TO STATE
LAW WITH RESPONSIBILITY FOR THE PLANNING OR ADMINISTRATION OF WASTE
MANAGEMENT, OR AN INDIAN TRIBE OR AN AUTHORIZED INDIAN TRIBAL
ORGANIZATION.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(15) THE TERM "WASTE MANAGEMENT" MEANS THE SYSTEMATIC CONTROL OF THE
GENERATION, STORAGE, TRANSPORT, TREATMENT, RECYCLING, RECOVERY, OR
DISPOSAL OF WASTE MATERIALS.
STANDARDS AND GUIDELINES FOR STATE REGULATION
SEC. 4 (A) WITHIN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS
ACT, AND FROM TIME TO TIME THEREAFTER, THE ADMINISTRATOR PURSUANT TO
THIS SECTION AND AFTER CONSULTATION WITH REPRESENTATIVES OF APPROPRIATE
FEDERAL AGENCIES SHALL BY REGULATION:
(1) IDENTIFY HAZARDOUS WASTES;
(2) ESTABLISH STANDARDS FOR TREATMENT AND DISPOSAL OF SUCH WASTES;
AND
(3) ESTABLISH GUIDELINES FOR STATE PROGRAMS FOR IMPLEMENTING SUCH
STANDARDS.
(B) IN IDENTIFYING A WASTE AS HAZARDOUS, PURSUANT TO THIS SECTION,
THE ADMINISTRATOR SHALL SPECIFY QUANTITY, CONCENTRATION, AND THE
PHYSICAL, CHEMICAL, OR BIOLOGICAL PROPERTIES OF SUCH WASTE, TAKING INTO
ACCOUNT MEANS OF DISPOSAL, DISPOSAL SITES, AND AVAILABLE DISPOSAL
PRACTICES.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(C) THE STANDARDS ESTABLISHED UNDER THIS SECTION SHALL INCLUDE
MINIMUM STANDARDS OF PERFORMANCE REQUIRED TO PROTECT HUMAN HEALTH AND
OTHER LIVING ORGANISMS AND MINIMUM ACCEPTABLE CRITERIA AS TO
CHARACTERISTICS AND CONDITIONS OF DISPOSAL SITES AND OPERATING METHODS,
TECHNIQUES, AND PRACTICES OF HAZARDOUS WASTES DISPOSAL TAKING INTO
ACCOUNT THE NATURE OF THE HAZARDOUS WASTE TO BE DISPOSED. SUCH
STANDARDS SHALL INCLUDE BUT NOT BE LIMITED TO REQUIREMENTS THAT ANY
PERSON GENERATING WASTE MUST (1) APPROPRIATELY LABEL ALL CONTAINERS USED
FOR ONSITE STORAGC OR FOR TRANSPORT OF HAZARDOUS WASTE; (2) FOLLOW
APPROPRIATE PROCEDURES FOR TREATING HAZARDOUS WASTE ONSITE; (3)
TRANSPORT ALL HAZARDOUS WASTE INTENDED FOR OFFSITE DISPOSAL TO A
HAZARDOUS WASTE DISPOSAL FACILITY FOR WHICH APERMIT HAS BEEN ISSUED. IN
ESTABLISHING SUCH STANDARDS THE ADMINISTRATOR SHALL TAKE INTO ACCOUNT
THE ECONOMIC AND SOCIAL COSTS AND BENEFITS OF ACHIEVING SUCH STANDARDS.
(D) THE GUIDELINES ESTABLISHED UNDER PARAGRAPH (A)(3) OF THIS SECTION
SHALL PROVIDE THAT;
(1) WITH RESPECT TO DISPOSAL SITES FOR HAZARDOUS WASTES, THE STATE
PROGRAM REQUIRES THAT ANY PERSON OBTAIN FROM THE STATE A PERMIT TO
OPERATE SUCH SITE;
(2) SUCH PERMITS REQUIRE COMPLIANCE WITH THE MINIMUM STANDARDS OF
PERFORMANCE ACCEPTABLE SITE CRITERIA SET BY THE GUIDELINES;
(3) THE STATE HAVE SUCH REGULATORY AND OTHER AUTHORITIES AS MAY BE
NECESSARY TO CARRY OUT THE PURPOSE OF THIS ACT, INCLUDING, BUT NOT
LIMITED TO, THE AUTHORITY TO INSPECT DISPOSAL SITES AND RECORDS, AND TO
JUDICIALLY ENFORCE COMPLIANCE WITH THE REQUIREMENTS OF AN APPROVED
PROGRAM AGAINST ANY PERSON.
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(E) WITHIN EIGHTEEN MONTHS OF THE PROMULGATION OF FINAL REGULATIONS
UNDER THIS ACT, EACH STATE SHALL SUBMIT TO THE ADMINISTRATOR EVIDENCE,
IN SUCH FORM AS HE SHALL REQUIRE, THAT THE STATE HAS ESTABLISHED A STATE
PROGRAM WHICH MEETS THE REQUIREMENT OF THE GUIDELINES OF PARAGRAPH
(A)(3) OF THIS SECTION. IF A STATE FAILS TO SUBMIT SUCH EVIDENCE, IN
WHOLE OR IN PART, THE ADMINISTRATOR SHALL PUBLISH NOTICE OF SUCH FAILURE
IN THE FEDERAL REGISTER AND PROVIDE SUCH FURTHER NOTIFICATION, IN SUCH
FORM AS HE CONSIDERS APPROPRIATE, TO INFORM THE PUBLIC IN SUCH STATE OF
SUCH FAILURE.
FEDERAL REGULATION
SEC. 5.(A) WITHIN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS
ACT AND FROM TIME TO TIME THEREAFTER, THE ADMINISTRATOR AFTER
CONSULTATION WITH REPRESENTATIVES OF APPROPRIATE FEDERAL AGENCIES MAY
WITH RESPECT TO THOSE HAZARDOUS WASTES IDENTIFIED PURSUANT TO SUBSECTION
(A)(1) OF SECTION 4 DETERMINE IN REGULATIONS THOSE OF SUCH WASTES WHICH
BECAUSE OF THEIR QUANTITY OR CONCENTRATION, OR BECAUSE OF THEIR CHEMICAL
CHARACTERISTICS, COULD IF ALLOWED TO BE DISPERSED INTO THE ENVIRONMENT
RESULT IN, OR CONTRIBUTE TO, THE LOSS OF HUMAN LIFE OR SUBSTANTIAL
DAMAGE TO HUMAN HEALTH OR TO OTHER LIVING ORGANISMS.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(B) THE ADMINISTRATOR MAY PROMULGATE REGULATIONS ESTABLISHING FEDERAL
STANDARDS AND PROCEDURES FOR THE TREATMENT AND DISPOSAL OF SUCH WASTES.
SUCH FEDERAL STANDARDS AND PROCEDURES SHALL BE DESIGNED TO PREVENT
DAMAGE TO HUMAN HEALTH OR LIVING ORGANISMS FROM EXPOSURE TO SUCH WASTES
IDENTIFIED PURSUANT TO SUBSECTION (A) AND MAY INCLUDE:
(1) WITH RESPECT TO HAZARDOUS WASTE DISPOSAL SITES:
(A) MINIMUM REQUIREMENTS AS TO THE CHARACTERISTICS AND CONDITIONS OF
SUCH SITES,
(B) MINIMUM STANDARDS OF PERFORMANCE FOR THE OPERATION AND
MAINTENANCE OF SUCH SITES, AND
(C) RECOMMENDATIONS AS TO SPECIFIC DESIGN AND CONSTRUCTION CRITERIA
FOR SUCH SITES; AND
(2) WITH RESPECT TO HAZARDOUS WASTE TREATMENT FACILITIES:
(A) MINIMUM STANDARDS OF PERFORMANCE FOR THE OPERATION AND
MAINTENANCE, AND
(B) RECOMMENDATIONS BASED ON AVAILABLE TECHNOLOGY AS TO APPROPRIATE
METHODS, TECHNIQUES, OR PRACTICES FOR THE TREATMENT OF SPECIFIC WASTES.
(C) THE ADMINISTRATOR MAY ISSUE A PERMIT FOR THE OPERATION OF A
HAZARDOUS WASTE DISPOSAL SITE OR TREATMENT FACILITY IF, AFTER A REVIEW
OF THE DESIGN, CONSTRUCTION, AND PROPOSED OPERATION OF SUCH SITE OR
FACILITY, HE DETERMINES THAT SUCH OPERATION WILL MEET THE REQUIREMENTS
AND STANDARDS PROMULGATED PURSUANT TO SUBSECTION (B).
THE NEED FOR A NATIONAL MATERIALS POLICY
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(D) WITHIN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT,
THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING REQUIREMENTS
FOR GENERATORS OF HAZARDOUS WASTES SUBJECT TO REGULATION UNDER THIS
SECTION TO:
(1) MAINTAIN RECORDS INDICATING THE QUANTITIES OF HAZARDOUS WASTE
GENERATED AND THE DISPOSITION THEREOF;
(2) PACKAGE HAZARDOUS WASTE IN SUCH A MANNER SO AS TO PROTECT HUMAN
HEALTH AND OTHER LIVING ORGANISMS, AND LABEL SUCH PACKAGING SO AS TO
IDENTIFY ACCURATELY SUCH WASTES;
(3) TREAT OR DISPOSE OF ALL HAZARDOUS WASTE AT A HAZARDOUS WASTE
DISPOSAL SITE OR TREATMENT FACILITY FOR WHICH A PERMIT HAS BEEN ISSUED
UNDER THIS ACT;
(4) HANDLE AND STORE ALL HAZARDOUS WASTE IN SUCH A MANNER SO AS NOT
TO POSE A THREAT TO HUMAN HEALTH OR OTHER LIVING ORGANISMS;
(5) SUBMIT REPORTS TO THE ADMINISTRATOR, AT SUCH TIMES AS THE
ADMINISTRATOR DEEMS NECESSARY, SETTING OUT:
(A) THE QUANTITIES OF HAZARDOUS WASTE SUBJECT TO FEDERAL REGULATION
UNDER THIS SUBSECTION THAT HE HAS GENERATED.
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(B) THE NATURE AND QUANTITY OF ANY OTHER WASTE WHICH HE HAS GENERATED
WHICH HE HAS REASON TO BELIEVE MAY HAVE A SUBSTANTIAL ADVERSE EFFECT ON
HUMAN HEALTH AND OTHER LIVING ORGANISMS; AND
(C) THE DISPOSITION OF ALL WASTE INCLUDED IN CATEGORIES (A) AND (B).
(E) THE ADMINISTRATOR MAY PRESCRIBE REGULATIONS REQUIRING ANY PERSON
WHO STORES, TREATS, DISPOSES OF, OR OTHERWISE HANDLES HAZARDOUS WASTES
SUBJECT TO REGULATION UNDER THIS SECTION TO MAINTAIN SUCH RECORDS WITH
RESPECT TO THEIR OPERATIONS AS THE ADMINISTRATOR DETERMINES ARE
NECESSARY FOR THE EFFECTIVE ENFORCEMENT OF THIS ACT.
(F) THE ADMINISTRATOR IS AUTHORIZED TO ENTER INTO COOPERATIVE
AGREEMENTS WITH STATES TO DELEGATE TO ANY STATE WHICH MEETS SUCH MINIMUM
REQUIREMENTS AS THE ADMINISTRATOR MAY ESTABLISH BY REGULATION THE
AUTHORITY TO ENFORCE THIS SECTION AGAINST ANY PERSON.
FEDERAL ENFORCEMENT
SEC. 6 (A) WHENEVER ON THE BASIS OF ANY INFORMATION THE ADMINISTRATOR
DETERMINES THAT ANY PERSON IS IN VIOLATION OF REQUIREMENTS UNDER SECTION
5 OR OF ANY STANDARD UNDER SECTION 4(A)(2) UNDER THIS ACT, THE
ADMINISTRATOR MAY GIVE NOTICE TO THE VIOLATOR OF HIS FAILURE TO COMPLY
WITH SUCH REQUIREMENTS OR MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE A
CIVIL ACTION IN THE APPROPRIATE UNITED STATES DISTRICT COURT FOR
APPROPRIATE RELIEF, INCLUDING TEMPORARY OR PERMANENT INJUNCTIVE RELIEF.
THE NEED FOR A NATIONAL MATERIALS POLICY
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IF SUCH VIOLATION EXTENDS BEYOND THE THIRTIETH DAY AFTER THE
ADMINISTRATOR'S NOTIFICATION, THE ADMINISTRATOR MAY ISSUE AN ORDER
REQUIRING COMPLIANCE WITHIN A SPECIFIED TIME PERIOD OR THE ADMINISTRATOR
MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE A CIVIL ACTION IN THE
UNITED STATES DISTRICT COURT IN THE DISTRICT IN WHICH THE VIOLATION
OCCURRED FOR APPROPRIATE RELIEF, INCLUDING A TEMPORARY OR PERMANENT
INJUNCTION: PROVIDED, THAT, IN THE CASE OF A VIOLATION OF ANY STANDARD
UNDER SECTION 4(A)(2) WHERE SUCH VIOLATION OCCURS IN A STATE WHICH HAS
SUBMITTED THE EVIDENCE REQUIRED UNDER SECTION 4(E), THE ADMINISTRATOR
SHALL GIVE NOTICE TO THE STATE IN WHICH SUCH VIOLATION HAS OCCURRED
THIRTY DAYS PRIOR TO ISSUING AN ORDER OR REQUESTING THE ATTORNEY GENERAL
TO COMMENCE A CIVIL ACTION. IF SUCH VIOLATOR FAILS TO TAKE CORRECTIVE
ACTION WITHIN THE TIME SPECIFIED IN THE ORDER, HE SHALL BE LIABLE FOR A
CIVIL PENALTY OF NOT MORE THAN $25,000 FOR EACH DAY OF CONTINUED
NONCOMPLIANCE. THE ADMINISTRATOR MAY SUSPEND OR REVOKE ANY PERMIT
ISSUED TO THE VIOLATOR.
(B) ANY ORDER OR ANY SUSPENSION OR REVOCATION OF A PERMIT SHALL
BECOME FINAL UNLESS, NO LATER THAN 30 DAYS AFTER THE ORDER OR NOTICE OF
THE SUSPENSION OR REVOCATION IS SERVED, THE PERSON OR PERSONS NAMED
THEREIN REQUEST A PUBLIC HEARING. UPON SUCH REQUEST THE ADMINISTRATOR
SHALL PROMPTLY CONDUCT A PUBLIC HEARING.
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IN CONNECTION WITH ANY PROCEEDING UNDER THIS SECTION THE
ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS,
AND MAY PROMULGATE RULES FOR DISCOVERY PROCEDURES.
(C) ANY ORDER ISSUED UNDER THIS SECTION SHALL STATE WITH REASONABLE
SPECIFICITY THE NATURE OF THE VIOLATION AND SPECIFY A TIME FOR
COMPLIANCE AND ASSESS A PENALTY, IF ANY, WHICH THE ADMINISTRATOR
DETERMINES IS A REASONABLE PERIOD AND PENALTY TAKING INTO ACCOUNT THE
SERIOUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO COMPLY WITH
THE APPLICABLE REQUIREMENTS.
(D) ANY PERSON WHO KNOWINGLY VIOLATES ANY REQUIREMENT OF THIS ACT OR
COMMITS ANY PROHIBITED ACT SHALL, UPON CONVICTION, BE SUBJECT TO A FINE
OF NOT MORE THAN $25,000 FOR EACH DAY OF VIOLATION, OR TO IMPRISONMENT
NOT TO EXCEED ONE YEAR, OR BOTH.
RESEARCH, DEVELOPMENT, INVESTIGATIONS, TECHNICAL ASSISTANCE AND OTHER
ACTIVITIES
SEC. 7(A) THE ADMINISTRATOR SHALL CONDUCT, ENCOURAGE, COOPERATE WITH,
AND RENDER FINANCIAL AND OTHER ASSISTANCE TO APPROPRIATE PUBLIC (WHETHER
FEDERAL, STATE, INTERSTATE, OR LOCAL) AUTHORITIES, AGENCIES, AND
INSTITUTIONS, PRIVATE AGENCIES AND INSTITUTIONS, AND INDIVIDUALS IN THE
CONDUCT OF, AND PROMOTE THE COORDINATION OF, RESEARCH, DEVELOPMENT,
INVESTIGATIONS, EXPERIMENTS, SURVEYS, AND STUDIES RELATING TO:
(1) ANY ADVERSE HEALTH AND WELFARE EFFECTS ON THE RELEASE INTO THE
ENVIRONMENT OF MATERIAL PRESENT IN WASTE, AND METHODS TO ELIMINATE SUCH
EFFECTS.
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(2) THE OPERATION OR FINANCING OF WASTE MANAGEMENT PROGRAMS;
(3) THE DEVELOPMENT AND APPLICATION OF NEW AND IMPROVED METHODS OF
COLLECTING AND DISPOSING OF WASTE AND PROCESSING AND RECOVERING
MATERIALS AND ENERGY FROM WASTES; AND
(4) THE REDUCTION OF WASTE GENERATION AND THE RECOVERY OF SECONDARY
MATERIALS AND ENERGY FROM SOLID, LIQUID, AND SEMISOLID WASTES.
(B) IN CARRYING OUT THE PROVISIONS OF THE PRECEDING SUBSECTION, THE
ADMINISTRATOR IS AUTHORIZED TO:
(1) COLLECT AND MAKE AVAILABLE, THROUGH PUBLICATION AND OTHER
APPROPRIATE MEANS, THE RESULTS OF, AND OTHER INFORMATION PERTAINING TO,
SUCH RESEARCH AND OTHER ACTIVITIES, INCLUDING APPROPRIATE
RECOMMENDATIONS IN CONNECTION THEREWITH;
(2) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND
ORGANIZATIONS, AND WITH ANY INDUSTRIES INVOLVED, IN THE PREPARATION AND
THE CONDUCT OF SUCH RESEARCH AND OTHER ACTIVITIES; AND
(3) MAKE GRANTS-IN-AID TO AND CONTRACT WITH PUBLIC OR PRIVATE
AGENCIES AND INSTITUTIONS AND INDIVIDUALS FOR RESEARCH, SURVEYS,
DEVELOPMENT, AND PUBLIC EDUCATION.
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CONTRACTS MAY BE ENTERED INTO WITHOUT REGARD TO SECTIONS 3648 AND
3709 OF THE REVISED STATUTES (31 U.S.C. 529; 41 U.S.C.5).
(C) THE INTERSTATE COMMERCE COMMISSION, THE FEDERAL MARITIME
COMMISSION, AND THE OFFICE OF OIL AND GAS IN THE DEPARTMENT OF THE
INTERIOR, IN CONSULTATION WITH THE ENVIRONMENTAL PROTECTION AGENCY AND
WITH OTHER FEDERAL AGENCIES AS APPROPRIATE, SHALL CONDUCT WITHIN TWELVE
MONTHS OF THE DATE OF ENACTMENT OF THIS ACT AND SUBMIT TO CONGRESS, A
THOROUGH AND COMPLETE STUDY OF RATE SETTING PRACTICES WITH REGARD TO THE
CARRIAGE OF SECONDARY MATERIALS BY RAIL AND OCEAN CARRIERS. SUCH STUDY
SHALL INCLUDE A COMPARISON OF SUCH PRACTICES WITH RATE SETTING PRACTICES
WITH REGARD TO OTHER MATERIALS AND SHALL EXAMINE THE EXTENT TO WHICH, IF
AT ALL, THERE IS DISCRIMINATION AGAINST SECONDARY MATERIALS.
INSPECTIONS
SEC. 8.(A) FOR THE PURPOSE OF DEVELOPING OR ASSISTING IN THE
DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS ACT,
ANY PERSON WHO STORES, TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE
HANDLES HAZARDOUS WASTES SHALL, UPON REQUEST OF ANY OFFICER OR EMPLOYEE
OF THE ENVIRONMENTAL PROTECTION AGENCY OR OF ANY STATE OR POLITICAL
SUBDIVISION, DULY DESIGNATED BY THE ADMINISTRATOR, FURNISH OR PERMIT
SUCH PERSON AT ALL REASONABLE TIMES TO HAVE ACCESS TO, AND TO COPY ALL
RECORDS RELATING TO SUCH WASTES.
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(B) FOR THE PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF
ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS ACT, OFFICERS OR
EMPLOYEES DULY DESIGNATED BY THE ADMINISTRATOR ARE AUTHORIZED:
(1) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE
MAINTAINED BY ANY PERSON WHERE HAZARDOUS WASTES ARE STORED, TREATED, OR
DISPOSED OF:
(2) TO INSPECT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY SUCH WASTES
AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTES. BEFORE
UNDERTAKING SUCH INSPECTION, THE OFFICERS OR EMPLOYEES MUST PRESENT TO
THE OWNER, OPERATOR, OR AGENT IN CHARGE OF THE ESTABLISHMENT OR OTHER
PLACE WHERE HAZARDOUS WASTES ARE STORED, TREATED, OR DISPOSED OF
APPROPRIATE CREDENTIALS AND A WRITTEN STATEMENT AS TO THE REASON FOR THE
INSPECTION. EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH
REASONABLE PROMPTNESS. IF THE OFFICER OR EMPLOYEE OBTAINS ANY SAMPLES,
PRIOR TO LEAVING THE PREMISES, HE SHALL GIVE TO THE OWNER, OPERATOR, OR
AGENT IN CHARGE A RECEIPT DESCRIBING THE SAMPLE OBTAINED AND IF
REQUESTED A PORTION OF EACH SUCH SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE
PORTION RETAINED.
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IF AN ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF SUCH
ANALYSIS SHALL BE FURNISHED PROMPTLY TO THE OWNER, OPERATOR, OR AGENT IN
CHARGE.
(C) ANY RECORDS, REPORTS, OR INFORMATION OBTAINED FROM ANY PERSON
UNDER THIS SUBSECTION SHALL BE AVAILABLE TO THE PUBLIC, EXCEPT THAT UPON
A SHOWING SATISFACTORY TO THE ADMINISTRATOR BY ANY PERSON THAT RECORDS,
REPORTS, OR INFORMATION, OR PARTICULAR PART THEREOF, TO WHICH THE
ADMINISTRATOR HAS ACCESS UNDER THIS SECTION IF MADE PUBLIC, WOULD
DIVULGE INFORMATION ENTITLED TO PROTECTION UNDER SECTION 1905 OF TITLE
18 OF THE UNITED STATES CODE, THE ADMINISTRATOR SHALL CONSIDER SUCH
INFORMATION OR PARTICULAR PORTION THEREOF CONFIDENTIAL IN ACCORDANCE
WITHIN THE PURPOSES OF THAT SECTION.
ENCOURAGEMENT OF INTERSTATE AND INTERLOCAL COOPERATION
SEC. 9. THE ADMINISTRATOR SHALL ENCOURAGE COOPERATIVE ACTIVITIES BY
THE STATES AND LOCAL GOVERNMENTS IN CONNECTION WITH WASTE DISPOSAL
PROGRAMS, ENCOURAGE, WHERE PRACTICABLE, INTERSTATE, INTERLOCAL, AND
REGIONAL PLANNING FOR, AND THE CONDUCT OF, INTERSTATE, INTERLOCAL, AND
REGIONAL HAZARDOUS WASTE DISPOSAL PROGRAMS; AND ENCOURAGE THE ENACTMENT
OF IMPROVED AND, SO FAR AS PRACTICABLE, UNIFORM STATE AND LOCAL LAWS
GOVERNING WASTE DISPOSAL.
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IMMINENT HAZARD
SEC. 10(A) AN IMMINENT HAZARD SHALL BE CONSIDERED TO EXIST WHEN THE
ADMINISTRATOR HAS REASON TO BELIEVE THAT HANDLING OR STORAGE OF A
HAZARDOUS WASTE PRESENTS AN IMMINENT AND SUBSTANTIAL DANGER TO HUMAN
HEALTH OR OTHER LIVING ORGANISMS THE CONTINUED OPERATION OF A DISPOSAL
SITE WILL RESULT IN SUCH DANGER WHEN A STATE OR LOCAL AUTHORITY HAS NOT
ACTED TO ELIMINATE SUCH RISK.
(B) IF AN IMMINENT HAZARD EXISTS, THE ADMINISTRATOR MAY REQUEST
THE ATTORNEY GENERAL TO PETITION THE DISTRICT COURT OF THE UNITED
STATES IN THE DISTRICT WHERE SUCH HAZARD EXISTS, TO ORDER ANY
DISPOSAL SITE OPERATOR OR OTHER PERSON HAVING CUSTODY OF SUCH
WASTE TO TAKE SUCH ACTION AS IS NECESSARY TO ELIMINATE THE
IMMINENT HAZARD, INCLUDING, BUT NOT LIMITED TO, PERMANENT OR
TEMPORARY CESSATION OF OPERATION OF A DISPOSAL SITE, OR SUCH
OTHER REMEDIAL MEASURES AS THE COURT DEEMS APPROPRIATE.
PROHIBITED ACTS
SEC. 11. THE FOLLOWING ACTS AND THE CAUSING THEREOF ARE PROHIBITED
AND SHALL BE SUBJECT TO ENFORCEMENT IN ACCORDANCE WITH THE PROVISIONS OF
SUBSECTION 6(D) OF THIS ACT;
(A) OPERATING ANY DISPOSAL SITE FOR HAZARDOUS WASTE IDENTIFIED
PURUSANT TO SECTION 5 WITHOUT HAVING OBTAINED AN OPERATING PERMIT
PURSUANT TO SUCH SECTION.
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(B) DISPOSING OF HAZARDOUS WASTE IDENTIFIED PURSUANT TO SECTION 5 IN
A MANNER NOT IN COMPLIANCE WITH REQUIREMENTS UNDER SECTION 5.
(C) FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION 5 IN LABELING
CONTAINERS USED FOR THE STORAGE, TRANSPORT, OR DISPOSAL OF HAZARDOUS
WASTE.
(D) FAILURE TO COMPLY WITH (1) THE CONDITIONS OF ANY FEDERAL PERMIT
ISSUED UNDER THIS ACT, (2) ANY REGULATION PROMULGATED BY THE
ADMINISTRATOR PURSUANT TO SECTION 4(A) (2) OR SECTION 5 OF THIS ACT, OR
(3) ANY ORDER ISSUED BY THE ADMINISTRATOR PURSUANT TO THIS ACT.
APPLICATION OF STANDARDS TO FEDERAL AGENCIES
SEC. 12.(A) EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE
EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT
HAVING JURISDICTION OVER ANY PROPERTY OR FACILITY, OR ENGAGED IN ANY
ACTIVITY WHICH GENERATES, OR WHICH MAY GENERATE, WASTES SHALL INSURE
COMPLIANCE WITH SUCH STANDARDS PURSUANT TO SUBSECTIONS 4(A) (2), 5(A),
AND 5(C) AS MAY BE ESTABLISHED BY THE ADMINISTRATOR FOR THE TREATMENT
AND DISPOSAL OF SUCH WASTES.
(B) THE PRESIDENT OR HIS DESIGNEE MAY EXEMPT ANY FACILITY OR ACTIVITY
OF ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY IN THE EXECUTIVE BRANCH
FROM COMPLIANCE WITH GUIDELINES ESTABLISHED UNDER SECTION 4 IF HE
DETERMINES IT TO BE IN THE PARAMOUNT INTEREST OF THE UNITED STATES TO DO
SO. ANY EXEMPTION SHALL BE FOR A PERIOD NOT IN EXCESS OF ONE YEAR, BUT
ADDITIONAL EXEMPTIONS MAY BE GRANTED FOR PERIODS OF NOT TO EXCEED ONE
YEAR UPON THE PRSIDENT'S OR HIS DESIGNEE'S MAKING OF A NEW
DETERMINATION.
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THE ADMINISTRATOR SHALL ASCERTAIN THE EXEMPTIONS GRANTED UNDER THIS
SUBSECTION AND SHALL REPORT EACH JANUARY TO THE CONGRESS ALL EXEMPTIONS
FROM THE REQUIREMENTS OF THIS SECTION GRANTED DURING THE PRECEDING
CALENDAR YEAR.
(C) WITHIN EIGHTEEN MONTHS AFTER ENACTMENT OF THIS ACT AND FROM TIME
TO TIME THEREAFTER, THE ADMINISTRATOR, IN CONSULTATION WITH OTHER
APPROPRIATE FEDERAL AGENCIES, SHALL IDENTIFY PRODUCTS WHICH CAN UTILIZE
SIGNIFICANT QUANTITIES OF SECONDARY MATERIALS AND SHALL ISSUE GUIDELINES
WITH RESPECT TO THE INCLUSION OF SUCH SECONDARY MATERIALS TO THE MAXIMUM
EXTENT PRACTICABLE IN PRODUCTS PROCURED BY THE FEDERAL GOVERNMENT.
(D) IN ANY PROCEEDING INITIATED BEFORE THE INTERSTATE COMMERCE
COMMISSION OR THE FEDERAL MARITIME COMMISSION AFTER THE ENACTMENT OF
THIS ACT WHERE A DETERMINATION IS MADE BY SUCH COMMISSION AS TO ANY
INDIVIDUAL OR JOINT RATE, FARE, OR CHARGE WHATSOEVER DEMANDED, CHARGED,
OR COLLECTED BY ANY COMMON CARRIER OR CARRIERS, A SPECIFIC FINDING BY
THE COMMISSION WILL BE REQUIRED THAT SUCH RATE, FARE, OR CHARGE DOES NOT
OR WILL NOT CAUSE DISCRIMINATION AGAINST SECONDARY MATERIALS.
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CITIZEN SUITES
SEC. 13(A) EXCEPT AS PROVIDED IN SUBSECTION (B) ANY PERSON MAY
COMMENCE A CIVIL ACTION FOR INJUNCTIVE RELIEF ON HIS OWN BEHALF:
(1) AGAINST ANY PERSON WHO IS ALLEGED TO BE IN VIOLATION OF ANY
REGULATION PROMULGATED OR ORDER ISSUED UNDER THIS ACT;
(2) AGAINST THE ADMINISTRATOR WHERE THERE IS ALLEGED A FAILURE OF THE
ADMINISTRATOR TO PERFORM ANY ACT OR DUTY UNDER THIS ACT WHICH IS NOT
DISCRETIONARY WITH THE ADMINISTRATOR.
ANY ACTION UNDER PARAGRAPH (A)(1) OF THIS SUBSECTION SHALL BE BROUGHT
IN THE DISTRICT COURT FOR THE DISTRICT IN WHICH THE ALLEGED VIOLATION
OCCURRED AND ANY ACTION BROUGHT UNDER PARAGRAPH (A)(2) OF THIS
SUBSECTION SHALL BE BROUGHT IN THE DISTRICT COURT OF THE DISTRICT OF
COLUMBIA. THE DISTRICT COURTS SHALL HAVE JURISDICTION, WITHOUT REGARD
TO THE AMOUNT IN CONTROVERSY OR THE CITIZENSHIP OF THE PARTIES, TO
ENFORCE SUCH REGULATION OR ORDER, OR TO ORDER THE ADMINISTRATOR TO
PERFORM SUCH ACT OR DUTY AS THE CASE MAY BE.
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(B) NO ACTION MAY BE COMMENCED:
(1) UNDER SUBSECTION (A)(1) OF THIS SECTION:
(A) PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE
VIOLATION (I) TO THE ADMINISTRATOR, (II) TO THE STATE IN WHICH THE
ALLEGED VIOLATION OCCURS, AND (III) TO ANY ALLEGED VIOLATOR OF THE
STANDARD, LIMITATION, OR ORDER, OR
(B) IF THE ADMINISTRATOR OR STATE HAS CAUSED TO BE COMMENCED AND IS
DILIGENTLY PROSECUTING A CIVIL OR CRIMINAL ACTION IN A COURT OF THE
UNITED STATES OR A STATE TO REQUIRE COMPLIANCE WITH REQUIREMENTS OF THIS
ACT OR ORDER ISSUED HEREUNDER;
(2) UNDER SUBSECTION (A)(2) PRIOR TO SIXTY DAYS AFTER PLAINTIFF HAS
GIVEN NOTICE OF SUCH ACTION TO THE ADMINISTRATOR.
NOTICE UNDER THIS SUBSECTION SHALL BE GIVEN IN SUCH MANNER AS THE
ADMINISTRATOR SHALL PRESCRIBE BY REGULATION.
(3) IN SUCH ACTION UNDER THIS SECTION, IF THE UNITED STATES IS NOT A
PARTY, THE ATTORNEY GENERAL MAY INTERVENE AS A MATTER OF RIGHT.
(D) THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION BROUGHT
PURSUANT TO THIS SECTION, MAY AWARD COSTS OF LITIGATION (INCLUDING
REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY PARTY, WHENEVER THE
COURT DETERMINES SUCH AWARD IS APPROPRIATE.
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(E) NOTHING IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY PERSON
(OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO SEEK
ENFORCEMENT OF ANY REGULATION OR TO SEEK ANY OTHER RELIEF (INCLUDING
RELIEF AGAINST THE ADMINISTRATOR OR A STATE AGENCY).
STATE AUTHORITY
SEC. 14 (A) IF THE ADMINISTRATOR HAS PROMULGATED REGULATIONS UNDER
SECTION 5 NO STATE OR MUNICIPALITY MAY WITHOUT THE APPROVAL OF THE
ADMINISTRATOR IMPOSE MORE STRINGENT REQUIREMENTS THAN THOSE IMPOSED
UNDER THE PROVISIONS OF SECTION 5 ON THE TRANSPORT, TREATMENT, OR
DISPOSAL OF HAZARDOUS WASTES.
(B) NO STATE OR MUNICIPALITY SHALL IMPOSE, ON WASTES ORIGINATING IN
OTHER STATES OR MUNICIPALITIES, REQUIREMENTS RESPECTING THE TRANSPORT OF
SUCH WASTES INTO OR DISPOSAL WITHIN ITS JURISDICTION WHICH ARE MORE
STRINGENT THAN THOSE REQUIREMENTS APPLICABLE TO WASTES ORIGINATING
WITHIN SUCH RECEIVING STATES AND MUNICIPALITIES.
AUTHORIZATION AND APPROPRIATION
SEC. 15. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
ENVIRONMENTAL PROTECTION AGENCY SUCH SUMS AS MAY BE NECESSARY FOR THE
PURPOSES AND ADMINISTRATION OF THIS ACT.
JUDICIAL REVIEW
SEC. 16. (A) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTRATOR IN
PROMULGATING ANY REGULATION PURSUANT TO SECTIONS 4 OR 5 SHALL BE FILED
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.
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ANY PERSON WHO WILL BE ADVERSELY AFFECTED BY A FINAL ORDER OR OTHER
FINAL DETERMINATION ISSUED UNDER SECTION 6 MAY FILE A PETITION WITH THE
UNITED STATES COURT OF APPEALS FOR THE CIRCUIT WHEREIN SUCH PERSON
RESIDES OR HAS HIS PRINCIPAL PLACE OF BUSINESS, FOR A JUDICIAL REVIEW OF
SUCH ORDER OR DETERMINATION. ANY SUCH PETITION SHALL BE FILED WITHIN
THIRTY DAYS FROM THE DATE OF SUCH ACTION OR ORDER, OR AFTER SUCH DATE IF
SUCH PETITION IS BASED SOLELY ON GROUNDS ARISING AFTER SUCH THIRTIETH
DAY.
(B) ACTION OF THE ADMINISTRATOR WITH RESPECT TO WHICH REVIEW COULD
HAVE BEEN OBTAINED UNDER SUBSECTION (A) SHALL NOT BE SUBJECT TO JUDICIAL
REVIEW IN CIVIL OR CRIMINAL PROCEEDINGS FOR ENFORCEMENT.
(C) IN ANY JUDICIAL PROCEEDING IN WHICH REVIEW IS SOUGHT OF AN ACTION
UNDER THIS ACT REQUIRED TO BE MADE ON THE RECORD AFTER NOTICE AND
OPPORTUNITY FOR HEARING, IF ANY PARTY APPLIES TO THE COURT FOR LEAVE TO
ADDUCE ADDITIONAL EVIDENCE, AND SHOWS TO THE SATISFACTION OF THE COURT
THAT SUCH ADDITIONAL EVIDENCE IS MATERIAL AND THAT THERE WERE REASONABLE
GROUNDS FOR THE FAILURE TO ADDUCE SUCH EVIDENCE IN THE PROCEEDINGS
BEFORE THE ADMINISTRATOR, THE COURT MAY ORDER SUCH ADDITIONAL EVIDENCE
(AND EVIDENCE IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THE ADMINISTRATOR,
IN SUCH MANNER AND UPON SUCH TERMS AND CONDITIONS AS THE COURT MAY DEEM
PROPER. THE ADMINISTRATOR MAY MODIFY HIS FINDINGS AS TO THE FACTS, OR
MAKE NEW FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE SO TAKEN AND HE
SHALL FILE SUCH MODIFIED OR NEW FINDINGS, AND HIS RECOMMENDATION, IF
ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL
DETERMINATION, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE.
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RELATIONSHIP TO OTHER LAWS
SEC. 17 (A) THIS ACT SHALL NOT APPLY TO:
(1) ANY SOURCE MATERIAL, SPECIAL NUCLEAR MATERIAL, OR BYPRODUCT
MATERIAL SUBJECT TO REGULATION OR CONTROL PURSUANT TO THE ATOMIC ENERGY
ACT OF 1954, AS AMENDED;
(2) LETHAL CHEMICALS SUBJECT TO REGULATION PURSUANT TO TITLE 50,
UNITED STATES CODE, SECTION 1511, AND THE FOLLOWING, AS AMENDED.
(B) THIS ACT SHALL NOT BE CONSTRUED TO RELIEVE ANY PERSON FROM ANY
PRESENT OR FUTURE REQUIREMENT ARISING FROM ANY OTHER FEDERAL LAW.
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MR. DOMENICI (FOR HIMSELF, MR. BAKER, MR. MCCLURE, MR. MUSKIE, MR.
RANDOLPH, AND MR. STAFFORD) INTRODUCED THE FOLLOWING BILL; WHICH WAS
READ TWICE AND REFERRED TO THE COMMITTEE ON PUBLIC WORKS
TO AMEND THE SOLID WASTE DISPOSAL ACT, TO ENCOURACE FULL RECOVERY OF
ENERGY AND RESOURCES FROM SOLID WASTE, TO PROTECT HEALTH AND THE
ENVIRONMENT FROM THE ADVERSE EFFECTS OF SOLID WASTE DISPOSAL, AND FOR
OTHERPURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "ENERGY AND RESOURCES RECOVERY ACT OF 1974".
FINDINGS AND PURPOSES
SEC. 2. (A) THE CONGRESS FINDS
(1) THAT THE REQUIREMENTS FOR ENERGY AND RESOURCE RECOVERY ARE
NATIONAL IN SCOPE AND CONCERN AND NECESSITATE FEDERAL LEADERSHIP THROUGH
FINANCIAL AND TECHNICAL ASSISTANCE AND THROUGH THE DEVELOPMENT OF NEW
AND IMPROVED METHODS AND STANDARDS TO ENCOURAGE GREATER UTILIZATION OF
THE WEALTH OF NATURAL RESOURCES IN SOLID WASTE;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(2) THAT THE VOLUME OF WASTE AND DISCARDING OF SALVAGEABLE MATERIALS
CAN BE REDUCED MARKEDLY AND THAT THE RESULTANT REDUCED VOLUME OF WASTE
THAN CAN BE DISPOSED OF IN AN ECONOMICAL AND ENVIRONMENTALLY SOUND
MANNER;
(3) THAT ENERGY SUPPLIES FROM SOURCES SUCH AS PETROLEUM PRODUCTS,
NATURAL GAS, AND HYDROELECTRIC GENERATION HAVE FAILED TO MEET CONSTANTLY
INCREASING CONSUMER DEMANDS AND THEREFORE, THE NEED EXISTS TO DEVELOP
ALTERNATIVE SOURCES OF ENERGY FOR PUBLIC AND PRIVATE CONSUMPTION;
(4) THAT INCREASING DEMAND FOR PRODUCTS MADE FROM TIMBER, MINERAL,
AND NONMINERAL NATURAL RESOURCES IS CAUSING THE DEPLETION OF THESE
RESOURCES, WHILE MORE EFFICIENT USE OF SUCH RESOURCES WOULD EXTEND THE
LIFESPAN OF THE WORLD'S EXISTING RESERVES;
(5) THAT THE TECHNOLOGY AND ECONOMICS EXIST TO SUPPORT RECYCLING OF
SOLID WASTE AS A PRACTICAL MEANS OF INCREASED RESOURCE UTILITY;
(6) THAT ENERGY AND MATERIALS CAN BE RECOVERED EFFICIENTLY FROM SOLID
WASTE;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(7) THAT RESOURCE RECOVERY TECHNIQUES ARE NOT PRESENTLY UTILIZED TO A
SUFFICIENT EXTENT; AND
(8) THAT SUCH TRADITIONAL METHODS OF WASTE DISPOSAL AS LANDFILL AND
INCINERATION ARE BECOMING IMPRACTICABLE AND COSTLY, AND CONTRIBUTE TO
UNACCEPTABLE LEVELS OF AIR, WATER, AND LAND POLLUTION. (B) THE PURPOSES
OF THIS ACT THEREFORE ARE
(1) TO ENCOURAGE FULL RECOVERY WHEREVER PRACTICABLE OF ENERGY AND
MATERIALS FROM MUNICIPAL, INDUSTRIAL, AND OTHER SOURCES OF SOLID WASTE
BY 1985;
(2) TO ASSIST STATES AND LOCALITIES IN CARRYING OUT THEIR PRIMARY
RESPONSIBILITIES FOR SOLID WASTE COLLECTION, HANDLING, RECYCLING, AND
DISPOSAL, WITH PRIORITY ATTENTION TO METROPOLITAN AND OTHER AREAS WHERE
LAND USE PATTERNS INHIBIT SOLID WASTE DISPOSAL;
(3) TO INSURE THAT RECYCLING OR DISPOSAL OF HAZARDOUS WASTES IS
CONTROLLED TO AVOID ADVERSE EFFECTS ON HEALTH AND THE ENVIRONMENT;
(4) TO PROVIDE FOR USE OF BEST TECHNOLOGICAL PRACTICES TO MINIMIZE
ADVERSE EFFECTS ON AIR AND WATER QUALITY WHERE LAND DISPOSAL OFHAZARDOUS
AND OTHER WASTES IS THE ONLY PRACTICABLE METHOD, AND TO ASSURE
CONSIDERATION OF ALTERNATIVEUSES OF THE LAND;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(5) TO PROVIDE FOR PROGRAMS OF RESEARCH, DEVELOPMENT, AND
DEMONSTRATION TO SUPPORT ACHIEVEMENT OF THESE PURPOSES; AND
(6) TO ESTABLISH THE OFFICE OF ENERGY AND RESOURCES RECOVERY, UNDER
THE DIRECTION OF THE ENVIRONMENTAL PROTECTION AGENCY, TO ACHIEVE THE
PURPOSES AND ADMINISTER THE PROVISIONS OF THE SOLID WASTE DISPOSAL ACT,
AS AMENDED.
SEC. 3. SECTION 216 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED (42
U.S.C. 3259) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTIONS:
"ENERGY AND RESOURCES RECOVERY OFFICE
"SEC. 217. THE ADMINISTRATOR SHALL ESTABLISH WITHIN THE ENVIRONMENTAL
PROTECTION AGENCY AN OFFICE OF ENERGY AND RESOURCES RECOVERY TO ACHIEVE
THE PURPOSES AND ADMINISTER THE PROVISIONS OF THIS ACT, AS AMENDED BY
THE ENERGY AND RESOURCES RECOVERY ACT OF 1974.
"FEDERAL SOLID WASTE STANDARDS
"SEC. 218. (A) THE ADMINISTRATOR SHALL, WITHIN ONE YEAR OF THE DATE
OF ENACTMENT OF THE ENERGY AND RESOURCES RECOVERY ACT OF 1974, AFTER
CONSULTATION WITH APPROPRIATE FEDERAL, STATE, INTERSTATE, REGIONAL, AND
LOCAL AGENCIES AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS, PROMULGATE
STANDARDS FOR COLLECTION, HANDLING DISPOSAL, AND RECOVERY OF ALL
HAZARDOUS AND OTHER SOLID WASTE WHICH MAY, IF IMPROPERLY DISPOSED OF,
CAUSE AIR OR WATER POLLUTION OR OTHER ENVIRONMENTAL DAMAGE.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(B) SUCH STANDARDS SHALL
"(1) IDENTIFY HAZARDOUS AND OTHER WASTES TO BE REGULATED;
"(2) BE SPECIFIC IN TERMS OF ALLOWABLE QUANTITIES, CONCENTRATIONS,
AND PHYSICAL, CHEMICAL, OR BIOLOGICAL PROPERTIES OF SUCH WASTE, TAKING
INTO ACCOUNT LIKELY DISPOSAL SITES AND METHODS OF DISPOSAL OR RECYCLING;
"(3) CONTRIBUTE TO THE ACHIEVEMENT AND MAINTENANCE OF EMISSION OR
EFFLUENT LIMITATIONS, AIR QUALITY IMPLEMENTATION PLANS, AND ANY
ESTABLISHED OR PROPOSED LAND USE PLANS, AND
"(4) CONTRIBUTE TO THE ENHANCEMENT OF THE ENVIRONMENT.
"FEDERAL REGULATIONS
"SEC. 219. (A) THE ADMINISTRATOR, IN CARRYING OUT THE PROVISIONS OF
THIS ACT, MAY REQUIRE THE OPERATOR OF ANY DISPOSAL SYSTEM FOR HAZARDOUS
OR OTHER SOLID WASTE TO
"(1) ESTABLISH AND MAINTAIN SUCH RECORDS,
"(2) MAKE SUCH REPORTS,
"(3) INSTALL, USE, AND MAINTAIN SUCH MONITORING EQUIPMENT OR METHODS,
AND
"(4) PROVIDE SUCH OTHER INFORMATION AS HE MAY REQUIRE.
"(B) THE ADMINISTRATOR OR HIS AUTHORIZED REPRESENTATIVE, UPON
PRESENTATION OF HIS CREDENTIALS;
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"(1) SHALL HAVE A RIGHT TO ENTRY TO, UPON, OR THROUGH ANY PREMISES IN
WHICH A HAZARDOUS OR OTHER SOLID WASTE DISPOSAL SYSTEM IS LOCATED OR IN
WHICH ANY RECORDS REQUIRED TO BE MAINTAINED UNDER SUBSECTION (A) OF THIS
SECTION ARE LOCATED, AND
"(2) MAY HAVE ACCESS TO AND COPY ANY RECORDS, AND INSPECT ANY
MONITORING EQUIPMENT OR METHOD REQUIRED UNDER SUBSECTION (A) OF THIS
SECTION.
"(C) THE ADMINISTRATOR MAY MAKE SUCH RULES AND REGULATIONS, AFTER
OPPORTUNITY FOR HEARING, AS HE CONSIDERS NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS ACT.
"ENFORCEMENT
"SEC. 220. (A) (1) WHENEVER, ON THE BASIS OF ANY INFORMATION
AVAILABLE TO HIM, THE ADMINISTRATOR FINDS THAT ANY PERSON IS IN
VIOLATION OF ANY RULE, REGULATION, PERMIT, OR OTHER REQUIREMENT WHICH
IMPLEMENTS SECTIONS 218 AND 219 OF THIS ACT, THE ADMINISTRATOR SHALL
GIVE NOTICE TO THE VIOLATOR OF HIS FAILURE TO COMPLY WITH SUCH
REQUIREMENT OR HE SHALL REQUEST THE ATTORNEY GENERAL TO COMMENCE A CIVIL
ACTION IN THE APPROPRIATE UNITED STATES DISTRICT COURT FOR APPROPRIATE
RELIEF INCLUDING TEMPORARY OR PERMANENT INJUNCTIVE RELIEF. IF SUCH
VIOLATION EXTENDS BEYOND THE THIRTIETH DAY AFTER THE ADMINISTRATOR'S
NOTIFICATION, THE ADMINISTRATOR SHALL ISSUE AN ORDER REQUIRING
COMPLIANCE WITHIN A SPECIFIED TIME PERIOD OR THE ADMINISTRATOR SHALL
REQUEST THE ATTORNEY GENERAL TO COMMENCE A CIVIL ACTION IN THE UNITED
STATES DISTRICT COURT IN THE DISTRICT IN WHICH THE VIOLATION OCCURRED
FOR APPROPRIATE RELIEF, INCLUDING A TEMPORARY OR PERMANENT INJUNCTION:
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PROVIDED, THAT, IN THE CASE OF A VIOLATION OF ANY REQUIREMENT OF
SECTIONS 218 OR 219, THE ADMINISTRATOR SIMULTANEOUSLY SHALL GIVE NOTICE
TO THE STATE IN WHICH SUCH VIOLATION HAS OCCURRED THIRTY DAYS PRIOR TO
ISSUING AN ORDER OR REQUESTING THE ATTORNEY GENERAL TO COMMENCE A CIVIL
ACTION. IF SUCH VIOLATOR FAILS TO TAKE CORRECTIVE ACTION WITHIN THE
TIME SPECIFIED IN THE ORDER, HE SHALL BE LIABLE FOR A CIVIL PENALTY OF
NOT MORE THAN $25,00 FOR EACH DAY OF CONTINUED COMPLIANCE.
"(2) ANY ORDER ISSUED UNDER THIS SECTION SHALL STATE WITH REASONABLE
SPECIFICITY THE NATURE OF THE VIOLATION AND SPECIFY A TIME FOR
COMPLIANCE AND ASSESS A PENALTY, IF ANY, WHICH THE ADMINISTRATOR
DETERMINES IS A REASONABLE PERIOD AND PENALTY TAKING INTO ACCOUNT THE
SERIOUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO COMPLY WITH
THE APPLICABLE REQUIREMENTS.
"(3) ANY PERSON WHO KNOWINGLY VIOLATES ANY REQUIREMENTS OF SECTIONS
218 OR 219 OF THIS ACT SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF
NOT MORE THAN $25,000 FOR EACH DAY OF VIOLATION, OR TO IMPRISONMENT NOT
TO EXCEED ONE YEAR, OR BOTH.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(B) (1) EACH STATE MAY DEVELOP AND SUBMIT TO THE ADMINISTRATOR
PROCEDURES UNDER STATE LAW FOR ENFORCEMENT OF THE STANDARDS DEVELOPED
UNDER SECTION 218 OF THIS ACT, AND FOR INSPECTION, MONITORING, AND ENTRY
AND OTHER REQUIREMENTS UNDER SECTION 219, WITH RESPECT TO HAZARDOUS AND
OTHER SOLID WASTE DISPOSAL SYSTEMS LOCATED IN SUCH STATE.
"(2) IF THE ADMINISTRATOR FINDS THAT THE PROCEDURES AND THE LEGAL
AUTHORITY OF ANY STATE RELATING TO ENFORCEMENT OF STANDARDS PROMULGATED
PURSUANT TOSECTION 218 OF THIS ACT AND TO INSPECTION, MONITORING, ENTRY,
AND OTHER REQUIREMENTS OF SECTION 219 OF THIS ACT ARE SUBSTANTIALLY
EQUIVALENT TO THOSE REQUIRED BY SECTIONS 218 AND 219, SUCH STATE IS
AUTHORIZED TO APPLY AND ENFORCE SUCH PROCEDURES AND LEGAL AUTHORITY WITH
RESPECT TO HAZARDOUS AND NONHAZARDOUS WASTE DISPOSAL SYSTEMS LOCATED IN
THE STATE.
"NATIONAL GUIDELINES FOR RESOURCE RECOVERY
"SEC. 221. (A) THE ADMINISTRATOR, WITHIN ONE YEAR FOLLOWING ENACTMENT
OF THIS SECTION AND EACH YEAR THEREAFTER, SHALL PUBLISH GUIDELINES
SPECIFYING THE PERCENTAGES OF ENERGY AND RESOURCES THAT CAN BE RECOVERED
FROM SOLID WASTE BY USE OF THE BEST RECOVERY MANAGEMENT PRACTICES AND
TECHNOLOGY THAT ARE REASONABLY AVAILABLE. THESE GUIDELINES SHALL
SPECIFY THOSE MATERIALS WHICH CONSTITUTE A SIGNIFICANT PORTION OF THE
SOLID WASTE STREAM, INCLUDING BUT NOT LIMITED TO:
THE NEED FOR A NATIONAL MATERIALS POLICY
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"ALUMINUM;
"COPPER;
"GLASS;
"IRON AND STEEL;
"PAPER, LUMBER, AND OTHER WOOD PRODUCTS;
"PETROLEUM AND PETROLEUM PRODUCTS;
"PLASTICS AND OTHER SYNTHETIC MATERIALS;
"RUBBER; AND
"ZINC.
"(B) AS A PART OF SUCH GUIDELINES, THE ADMINISTRATOR SHALL PUBLISH
THOROUGH DESCRIPTIONS OF EXISTING TECHNOLOGY AND PRACTICES WHICH CAN BE
IMPLEMENTED BY AGRICULTURAL PRODUCERS, INDUSTRIES, MUNICIPALITIES,
CONSUMERS, AND OTHERS TO ACHIEVE THE PERCENTAGES OF ENERGY OR RESOURCE
RECOVERY FROM EACH CATEGORY OF SOLID WASTE THAT THE ADMINISTRATOR FINDS
REASONABLE.
"FEDERAL PACKAGING GUIDELINES
"SEC. 222. THE ADMINISTRATOR SHALL, WITHIN ONE YEAR FOLLOWING
ENACTMENT OF THIS SECTION:
"(A) MAKE A COMPLETE ASSESSMENT OF THE USE OF NATURAL RESOURCES AND
RECYCLED MATERIALS IN PRODUCT PACKAGING;
"(B) ESTABLISH GUIDELINES FOR THE PACKAGING OF PRODUCTS TO ENCOURAGE
EFFICIENT USE OF SUCH RESOURCES AND MATERIALS WITH A CONSEQUENTIAL
REDUCTION IN SOLID WASTE; AND
"(C) PUBLISH MODEL STANDARDS AND REGULATIONS WHICH, IF IMPLEMENTED BY
STATES, WOULD INSURE USE OF THE MOST EFFICIENT AND RECOVERABLE MATERIALS
IN PACKAGING.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"FEDERAL PROCUREMENT REGULATION
"SEC. 223. (A) THE ADMINISTRATOR SHALL, WITHIN ONE YEAR FOLLOWING
ENACTMENT OF THIS SECTION: ESTABLISH STANDARDS THAT EMPHASIZE THE
MAXIMUM PROCUREMENT AND USE OF FEDERAL MATERIALS RECOVERED FROM SOLID
WASTE AND OF PRODUCTS COMPOSED OF SUCH MATERIALS, FOLLOWING CONSULTATION
WITH THE GENERAL SERVICES ADMINISTRATION, THE DEPARTMENT OF DEFENSE, AND
OTHER FEDERAL AGENCIES.
"(B) WITHIN EIGHTEEN MONTHS OF THE PUBLICATION OF SUCH GUIDELINES,
THE GENERAL SERVICES ADMINISTRATION, THE DEPARTMENT OF DEFENSE AND ALL
OTHER FEDERAL AGENCIES SHALL REVISE THEIR PROCUREMENT REGULATIONS TO
COMPLY WITH THE STANDARDS SET BY THE ADMINISTRATOR PURSUANT TO
SUBSECTION (A) OF THIS SECTION.
"STATE AND LOCAL ASSISTANCE
"SEC. 224. (A) (1) THE ADMINISTRATOR SHALL GRANT TO EACH STATE 80 PER
CENTUM OF THE COST OF A COMPREHENSIVE SOLID WASTE MANAGEMENT AND ENERGY
AND RESOURCE RECOVERY PROGRAM WHICH SUCH STATE ESTABLISHES OR CONTINUES
IN ORDER TO MEET THE REQUIREMENTS OF PARAGRAPH (2) OF THIS SUBSECTION,
AND, WHEN THE ADMINISTRATOR DETERMINES THAT A REGIONAL ENTITY COMPOSED
OF TWO OR MORE MUNICIPALITIES OR OTHER GOVERNMENTAL UNITS THAT REPRESENT
A SIGNIFICANT GEOGRAPHICAL PORTION OF A STATE OR STATES AND THAT THE
ADMINISTRATOR FINDS IS CAPABLE OF ADMINISTERING SUCH A PROGRAM WITHIN
ITS JURISDICTION, TO EACH SUCH REGIONAL AGENCY.
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(2) THE ADMINISTRATOR SHALL APPROVE EACH PROGRAM SUBMITTED BY A
STATE OR A REGIONAL ENTITY PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION
IF HE DETERMINES THAT ADEQUATE AUTHORITIES AND PROGRAMS EXIST OR WILL BE
ESTABLISHED DURING THE TERM OF THE GRANT TO: (A) APPLY AND INSURE
COMPLIANCE WITH ANY APPLICABLE REQUIREMENTS OF SECTION 218 OF THE ACT
THROUGH A SYSTEM OF PERMITS, LICENSES, OR THE EQUIVALENT WHICH THE
ADMINISTRATOR FINDS IS RELIABLE AND ENFORCEABLE; (B) PROVIDE
TECHNOLOGICAL AND MANAGEMENT ADVICE AND ASSISTANCE TO UNITS OF LOCAL
GOVERNMENT WITHIN SUCH STATE OR REGION TO ENABLE THEM TO MANAGE PROGRAMS
FOR ENERGY AND RESOURCE RECOVERY AND SOLID WASTE DISPOSAL THAT ENHANCE
THE ENVIRONMENT; (C) ENFORCE THE REQUIREMENTS OF THE PERMIT OR
EQUIVALENT SYSTEM UNDER SUBPARAGRAPH (A) OF THIS PARAGRAPH AND SUCH
OTHER REGULATORY PROGRAMS AS THE STATE OR REGION ESTABLISHES TO ACHIEVE
THE PURPOSES AND CARRY OUT THE PROVISIONS OF THIS ACT; (D) INSPECT,
MONITOR, ENTER, AND REQUIRE REPORTS TO AT LEAST THE EXTENT REQUIRED
UNDER SECTION 219 OF THE ACT; (E) PROVIDE ADVICE AND ASSISTANCE TO THE
GENERAL PUBLIC REGARDING ENVIRONMENTALLY SOUND SOLID WASTE HANDLING
PRACTICES THAT ENHANCE THE ENVIRONMENT;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(F) IN THE CASE OF A STATE SUBMITTAL, PROVIDE, EITHER WITHIN THE STATE
AGENCY RESPONSIBLE FOR THE COMPREHENSIVE SOLID WASTE MANAGEMENT AND
ENERGY AND RESOURCE RECOVERY PROGRAM OR IN A SEPARATE ENTITY, AN
ORGANIZATION CAPABLE OF ASSISTING MUNICIPALITIES TO OBTAIN FINANCING FOR
ENERGY AND RESOURCE RECOVERY PROJECTS THROUGH LOANS, GRANTS, LOAN
GUARANTEE, COOPERATIVE PUBLIC AND PRIVATE VENTURES, OR OTHER MEANS; (G)
TO HIRE, TRAIN, AND MAINTAIN IN SERVICE AN ADEQUATE STAFF OF
PROFESSIONAL AND OTHER PERSONNEL TO CARRY OUT THESE FUNCTIONS; AND (H)
TO PROVIDE FOR DEVELOPMENT OF FINANCIAL SELF-SUFFICIENCY FOR SUCH
PROGRAMS NO LATER THAN JUNE 30, 1979, EITHER THROUGH AN EQUITABLE SYSTEM
OF FEES AS A PART OF THE PERMIT OR EQUIVALENT SYSTEM REQUIRED UNDER
SUBPARAGRAPH (A) OF THIS PARAGRAPH OR THROUGH OTHER MEANS.
"(B) THE ADMINISTRATOR SHALL PROVIDE (1) MANAGEMENT GRANT ASSISTANCE
OF UP TO 10 PER CENTUM OF THE ESTIMATED COST OF CONSTRUCTION OF ANY
PUBLICLY FINANCED ENERGY OR RESOURCES RECOVERY FACILITY, AND (2) A
COMPLETE PROGRAM OF MANAGEMENT AND TECHNICAL ASSISTANCE TO ANY STATE,
REGIONAL AGENCY, OR MUNICIPALITIES TO HELP IT DEVELOP PROJECTS FOR:
"(A) IMPROVING COLLECTION, SEPARATION, AND HANDLING OF SOLID WASTE;
"(B) IMPLEMENTING ENERGY AND RESOURCE RECOVERY OR DISPOSAL SYSTEMS
WHICH ARE TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE;
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"(C) CONSIDERING OPTIMUM WAYS TO MARKET ENERGY AND SECONDARY
MATERIALS RECOVERED FROM SOLID WASTE; AND
"(D) PROVIDING INFORMATION TO ASSIST THE APPLICANT IN SECURING ITSELF
FINANCIALLY AGAINST UNUSUAL RISKS. "(3) SUCH ASSISTANCE SHALL INVOLVE
THE DEVELOPMENT OF:
"(A) WORKABLE CONTRACT BID PACKAGES FOR ENERGY AND RESOURCE RECOVERY
FACILITIES;
"(B) SOUND FINANCING, WHETHER THROUGH INDUSTRIAL REVENUE BONDS,
LOANS, GRANTS, OR JOINT MUNICIPAL-INDUSTRIAL COOPERATION.
"(C) THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED $25,000,000 FOR
EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, THROUGH JUNE 30, 1979, TO
CARRY OUT THE PURPOSES OF SUBSECTION (A) OF THIS SECTION AND $10,000,000
FOR EACH OF SUCH FISCAL YEARS TO CARRY OUT THE PURPOSES OF SUBSECTION
(B) OF THIS SECTION.
"(D) NO PROJECT FUNDED UNDER SUBSECTION (B) SHALL RECEIVE MORE THAN
$300,000.
"STUDY OF LAND ACQUISITION
"SEC. 225. (A) THE ADMINISTRATOR SHALL CONDUCT A FULL INVESTIGATION
AND STUDY OF THE LEGAL AND INSTITUTIONAL PROBLEMS ASSOCIATED WITH THE
ACQUISITION OF LAND FOR HAZARDOUS AND OTHER SOLID WASTE DISPOSAL, AND
FOR THE CONSTRUCTION AND IMPLEMENTATION OF ENERGY AND RESOURCE RECOVERY
FACILITIES, IN CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES,
AND SHALL REPORT TO THE CONGRESS NOT LATER THAN ONE YEAR AFTER THE
ENACTMENT OF THIS SECTION, HIS FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS.
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"STATES ENERGY AND RESOURCES RECOVERY INSTITUTES
"SEC. 226. (A) THE ADMINISTRATOR SHALL MAKE GRANTS TO EACH STATE TO
ASSIST IN ESTABLISHING AND CARRYING ON THE WORK OF A COMPETENT AND
QUALIFIED ENERGY AND RESOURCES RECOVERY RESEARCH INSTITUTE, CENTER, OR
EQUIVALENT AGENCY (HEREINAFTER REFERRED TO AS 'INSTITUTE') AT ONE
COLLEGE OR UNIVERSITY IN EACH SUCH STATE WHICH WISHES TO SUPPORT SUCH AN
INSTITUTE. THE RECIPIENT COLLEGE OR UNIVERSITY SHALL BE ONE ESTABLISHED
IN ACCORDANCE WITH SECTIONS 301, 305, 307 AND 308 OF TITLE 7 OF THE
UNITED STATES CODE OR SOME OTHER INSTITUTION DESIGNATED BY ACT OF THE
LEGISLATURE OF THE STATE CONCERNED: PROVIDED, THAT
"(1) $100,000 SHALL BE PROVIDED ANNUALLY TO EACH SUCH INSTITUTE;
"(2) TWO OR MORE STATES MAY COOPERATE IN THE DESIGNATION OF A SINGLE
INTERSTATE OR REGIONAL INSTITUTE, IN WHICH EVENT THE SUMS ASSIGNABLE TO
EACH OF THE COOPERATING STATES SHALL BE GRANTED TO SUCH INSTITUTE; AND
"(3) A DESIGNATED COLLEGE OR UNIVERSITY MAY, AS AUTHORIZED BY
APPROPRIATE STATE AUTHORITY, ARRANGE WITH OTHER COLLEGES AND
UNIVERSITIES WITHIN THE STATE TO PARTICIPATE IN THE WORK OF THE
INSTITUTE.
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(B) SUCH GRANTS OR CONTRACTS MAY INCLUDE PAYMENT OF ALL OR PART OF
THE COST OF PROGRAMS OR PROJECTS TO
"(1) DEVELOP OR EXPAND TRAINING OF STATE, MUNICIPAL, AND OTHER
GOVERNMENT OFFICIALS AND OTHERPERSONS IN THE DESIGN, FINANCING,
CONSTRUCTION, MANAGEMENT, OPERATION, AND MAINTENANCE OF SYSTEMS AND
FACILITIES FOR ENERGY AND RESOURCES RECOVERY FROM SOLID WASTE AND FOR
ALL OTHER ASPECTS OF SOLID WASTE MANAGEMENT SO AS TO ENHANCE THE
ENVIRONMENT;
"(2) SUPPORT RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAMS FOR
THE SYSTEMS AND FACILITIES REFERRED TO IN PARAGRAPH (1) OF THIS
SUBSECTION;
(3) TRANSFER AND DISSEMINATE TO INTERESTED GOVERNMENT OFFICIALS AND
TO THE PUBLIC OF TECHNOLOGICAL AND OTHER INFORMATION RELATED TO THE
SYSTEMS AND FACILITEIS REFERRED TO IN PARAGRAPH (1) OF THIS SUBSECTION.
"(C) MONEY APPROPRIATED PURSUANT TO THIS SECTION SHALL ALSO BE
AVAILABLE FOR PRINTING AND PUBLISHING THE RESULTS THEREOF AND FOR
ADMINISTRATIVE PLANNING AND DIRECTION.
"(D) THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED $5,400,000 FOR
EACH OF THE FISCAL YEARS WHICH END JUNE 30, 1975, JUNE 30, 1976, AND
JUNE 30, 1977."
SEC. 4. SECTION 216 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED, IS
AMENDED FURTHER TO READ AS FOLLOWS:
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"GENERAL AUTHORIZATIONS
"SEC. 216. THERE ARE AUTHORIZED TO BE APPFOPRIATED TO CARRY OUT THE
PROVISIONS OF THIS ACT, OTHER THAN SECTIONS 224 AND 226, $40,000,000 FOR
EACH OF THE FISCAL YEARS WHICH END JUNE 30, 1975, JUNE 30, 1976, AND
JUNE 30, 1977."
SMALL BUSINESS LOANS
SEC. 5. (A) SECTION 7 OF THE SMALL BUSINESS ACT IS AMENDED BY
INSERTING AT THE END THEREOF A NEW SUBSECTION AS FOLLOWS:
"(I) (1) THE ADMINISTRATION ALSO IS EMPOWERED TO MAKE LOANS (EITHER
DIRECTLY OR IN COOPERATION WITH BANKS OR OTHER LENDERS THROUGH
AGREEMENTS TO PARTICIPATE ON AN IMMEDIATE OR DEFERRED BASIS) TO ASSIST
ANY SMALL BUSINESS CONCERN IN AFFECTING ADDITIONS TO OR ALTERNATIONS IN
THE EQUIPMENT, FACILITIES, OR METHODS OF OPERATION OF SUCH CONCERN TO
RECOVER ENERGY AND RESOURCES FROM SOLID WASTE, IF THE ADMINISTRATOR
DETERMINES THAT SUCH LOANS WILL HELP ACHIEVE THE PURPOSES OF THE SOLID
WASTE DISPOSAL ACT, AS AMENDED.
"(2) ANY SUCH LOAN
"(A) SHALL BE MADE IN ACCORDANCE WITH PROVISIONS APPLICABLE TO LOANS
MADE PURSUANT TO SUBSECTION (A) OF THIS SECTION, EXCEPT AS OTHERWISE
PROVIDED IN THIS SUBSECTION;
THE NEED FOR A NATIONAL MATERIALS POLICY
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"(B) SHALL BE MADE ONLY IF APPLICANT FURNISHES THE ADMINISTRATION
WITH A STATEMENT IN WRITING FROM THE ENVIRONMENTAL PROTECTION AGENCY OR,
IF APPROPRIATE, THE STATE, THAT SUCH ADDITIONS OR ALTERATIONS WILL HELP
ACHIEVE THE PURPOSES OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED.
"(3) THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL,
AS SOON AS PRACTICABLE AFTER THE DATE OF ENACTMENT OF THE ENERGY AND
RESOURCES RECOVERY ACT OF 1974, BUT NOT LATER THAN ONE HUNDRED AND
EIGHTY DAYS THEREAFTER, PROMULGATE REGULATIONS ESTABLISHING UNIFORM
RULES FOR THE ISSUANCE OF STATEMENTS FOR THE PURPOSE OF PARAGRAPH (2)
(B) OF THIS SUBSECTION.
"(4) THERE IS AUTHORIZED TO BE APPROPRIATED TO THE BUSINESS LOAN FUND
ESTABLISHED PURSUANT TO SECTION 4 (C) OF THIS ACT NOT TO EXCEED
$300,000,000 SOLELY FOR THE PURPOSE OF CARRYING OUT THIS SUBSECTION."
(B) CLAUSE (B) OF PARAGRAPHS (1) AND (2) OF SECTION 4 (C) AND CLAUSE
(A) OF PARAGRAPH (4) OF THAT SECTION OF THE SMALL BUSINESS ACT ARE
AMENDED BY INSERTING "7(I)," AFTER "7(H),".
THE NEED FOR A NATIONAL MATERIALS POLICY
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MR. ROBERT C. BYRD (FOR MR. HART), FROM THE COMMITTEE ON COMMERCE,
REPORTED THE FOLLOWING BILL; WHICH WAS READ TWICE AND, BY UNANIMOUS
CONSENT, REFERRED TO THE COMMITTEE ON PUBLIC WORKS
TO REGULATE COMMERCE BY DISCOURAGING NEEDLESS DEPLETION OF NATURAL
RESOURCES AND BY ENCOURAGING RESOURCE RECOVERY AND REUSE THROUGH
PROGRAMS AND INCENTIVES FOR RECYCLING AND FOR CONVERTING WASTE INTO
USABLE ENERGY, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT, DIVIDED
INTO SECTIONS ACCORDING TO THE FOLLOWING TABLE OF CONTENTS, MAY BE CITED
AS THE "RESOURCE CONSERVATION AND ENERTY RECOVERY ACT OF 1974".
TABLE OF CONTENTS
TABLE OF CONTENTS OMITTED.
THE NEED FOR A NATIONAL MATERIALS POLICY
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TABLE OF CONTENTS OMITTED
DECLARATION OF POLICY
SEC. 2. (A) FINDINGS. -- THE CONGRESS FINDS THAT THE RECENT SHORTAGE,
OF PETROLEUM PRODUCTS AND OTHER RESOURCES ILLUSTRATES THAT THE NATION NO
LONGERPOSSESS AN OVERABUNDANCE OF THE NATURAL RESOURCES NECESSARY FOR
COMMERCE, PUBLIC WELFARE, AND THE NATIONAL DEFENSE. IN THE FUTURE,
GREATER ATTENTION MUST BE PAID TO, AND GREATER EMPHASIS MUST BE
PLACEDON, RECOVERING AND REUSING RESOURCES CURRENTLY DISPOSED OF AS
WASTE IN ORDER TO MINIMIZE THE DEPLETION OF REMAINING VIRGIN NATURAL
RESOURCES.
(B) PURPOSES. -- IT IS THEREFORE DECLARED TO BE THE PURPOSE OF THE
CONGRESS IN THIS ACT TO
(1) PROMOTE, THROUGH ECONOMIC INCENTIVES AND MINIMUM STANDARDS, THE
USE OF MATERIALS AND PRODUCTS THAT ARE NOT IN SHORT SUPPLY OR THAT CAN
BE USED AGAIN THROUGH RECOVERY, REUSE, AND RECYCLING, AND SUBJECT TO
SUBSECTION (C) OF THIS SECTION, TO DISCOURAGE THE UNNECESSARY USE AND
DEPLETION OF SCARCE VIRGIN NATURAL RESOURCE MATERIALS;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(2) PROHIBIT TRANSPORTATION RATES WHICH DISCRIMINATE AGAINST
RECOVERED MATERIALS IN FAVOR OF VIRGIN MATERIALS;
(3) CHANGE, WITH RESPECT TO THE FEDERAL GOVERNMENT, (A) ITS
PROCUREMENT PRACTICES TO ENCOURAGE THE USE OF RECLAIMED MATERIALS
AND TO MINIMIZE THE UNNECESSARY PURCHASE OF VIRGIN MATERIALS AND
(B) ITS DISPOSAL PRACTICES TO MAXIMIZE THE USE OF FACILITIES FOR
THE RECOVERY OF ENERGY AND OTHER RESOURCES FROM WASTE;
(4) ENCOURAGE THE RECOVERY OF ENERGY AND OTHER RESOURCES FROM WASTE
THROUGH LOAN GUARANTEES, CONSTRUCTION GRANTS, AND SUPPORT OF RESEARCH
AND DEVELOPMENT PROJECTS;
(5) PROTECT HUMAN HEALTH AND THE NATION'S NATURAL RESOURCES BY
IDENTIFYING AND ESTABLISHING NATIONAL STANDARDS FOR PRODUCT COMPOSITION
AND FOR THE TREATMENT AND DISPOSAL OF HAZARDOUS WASTE; AND
(6) ENABLE CONSUMERS TO CONTRIBUTE TO RESOURCE CONSERVATION BY
ESTABLISHING A NATIONAL COMMISSION TO FORMULATE A PRACTICAL AND
CONVENIENT NATIONAL DISPOSAL COSTS SYSTEM WHICH WOULD INTERNALIZE WASTE
DISPOSAL COSQS AND THUS PERMIT CONSUMERS TO MAKE RATIONAL VALUE
COMPARISONS AMONG COMPETING PRODUCTS ON THE BASIS OF TOTAL COSTS,
INCLUDING DISPOSAL COST.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(C) DISCLAIMER. -- IT IS NOT THEPURPOSE OF THIS ACT DIRECTLY TO
DISCOURAGE THE EXPLORATION, DEVELOPMENT, OR EXTRACTION OF VIRGIN NATURAL
RESOURCES WHICH IS UNDERTAKEN IN ACCORDANCE WITH VALID ENVIRONMENTAL
PROTECTION LAWS, REGULATIONS, AND OBJECTIVES.
DEFINITIONS
SEC. 3. AS USED IN THIS ACT, UNLESS OTHERWISE DEFINED IN THIS ACT
(1) "ADMINISTRATOR" MEANS THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY;
(2) "COMMERCE" MEANS COMMERCE AMONG THE SEVERAL STATES OR WITH
FOREIGN NATIONS OR IN ANY STATE OR BETWEEN ANY STATE AND FOREIGN NATION;
(3) "COMMISSION MEANS THE NATIONAL COMMISSION ON ENVIRONMENTAL COSTS,
ESTABLISHED UNDER SECTION 16 OF THIS ACT;
(4) "DEMONSTRATION" MEANS THE PLANNING, DESIGN, CONSTRUCTION,
OPERATION, AND MAINTENANCE OF ANY PROGRAM OR FACILITY FOR WASTE
MANAGEMENT, THE RECOVERY OF ENERGY OR OTHER RESOURCES FROM WASTE FOR THE
PURPOSE OF EXAMINAING THE TECHNICAL AND ECONOMIC FEASIBILITY OF SUCH
PROGRAM OR FACILITY;
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(5) "DISPOSAL COST" MEANS THE ECONOMIC COST (MEASURED IN DOLLARS PER
STANDARD UNIT OF MEASURE) OF COLLECTING, TRANSPORTING TO A TREATMENT
FACILITY, STORING, AND PROCESSING SOLID, LIQUID, AND SEMISOLID WASTE IN
THE WASTE DISPOSAL SYSTEMS IN THE UNITED STATES;
(6) "DISPOSAL SITE" MEANS A LOCATION WHERE FINAL DISPOSAL OF WASTE
OCCURS;
(7) "ENVIRONMENT" INCLUDES WATER, AIR, LAND, ALL LIVING THINGS,
THEREIN, AND THE INTERRELATIONSHIPS WHICH EXIST AMONG THESE INANIMATE
AND ANIMATE THINGS;
(8) "FEDERAL AGENCY" MEANS ANY DEPARTMENT, AGENCY, OR OTHER INS
RUMENTALITY WITHIN THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT; ANY
INDEPENDENT AGENCY OR ESTABLISHMENT OF THE FEDERAL GOVERNMENT INCLUDING
ANY GOVERNMENT CORPORATION; AND THE GOVERNMENT PRINTING OFFICE;
(9) "FINAL DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, OR INJECTION INTO
SUBSURFACE STRATA OR EXCAVATIONS OR THE ULTIMATE DISPOSITION ON LAND,
WATER, OR IN THE ATMOSPHERE OF ANY WASTE REMAINING FOLLOWING ANY
TREATMENT, RESOURCE RECOVERY, OR ENERGY RECOVERY;
(10) "GENERATION" MEANS THE ACT OR PROCESS OF PRODUCING WASTE;
(11) "HAZARDOUS WASTE" MEANS ANY WASTE OR COMBINATION OF WASTES WHICH
ARE NONDEGRADABLE OR PERSISTENT IN NATURE, CAN BE BIOLOGICALLY
MAGNIFIED, CAN BE LETHAL, OR MAY OTHERWISE CAUSE OR TEND TO CAUSE
DETRIMENTAL AND CUMULATIVE EFFECTS AND WHICH POSE A SUBSTANTIAL PRESENT
OR POTENTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT;
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(12) "PILOT PLANT" MEANS ANY SMALL-SCALE EXPERIMENTAL FACILITY
CONSTRUCTED FOR THE PURPOSE OF INVESTIGATING OR TESTING THE
TECHNOLOGICAL FEASIBILITY OF A NEW ENERGY RECOVERY OR RESOURCE RECOVERY
TECHNOLOGY;
(13) "PROCUREMENT ITEM" MEANS ANY DEVICE, GOOD, SUBSTANCE, MATERIAL
PRODUCT, OR OTHER ITEM WHICH IS THE SUBJECT OF ANY PURCHASE, BARTER, OR
OTHER EXCHANGE MADE TO PROCURE SUCH ITEM;
(14) "PROCURING AGENCY" MEANS ANY FEDERAL AGENCY OR ANY STATE AGENCY
OR AGENCY OF A POLITICAL SUBDIVISION OF A STATE WHICH IS USING FEDERAL
FUNDS; OR ANY PERSON CONTRACTING WITH ANY SUCH AGENCY WITH RESPECT TO
WORK PERFORMED UNDER SUCH CONTRACT;
(15) "PRODUCT" MEANS ANY ARTICLE, DEVICE, ITEM, MATERIAL, OR OTHER
SUBSTANCE OR ANY PART THEREOF WHICH IS MANUFACTURED OR PRODUCED FOR
DISTRIBUTION OR SALE IN COMMERCE TO ANY PERSON FOR ANY PERSONAL,
HOUSEHOLD, OR BUSINESS USE OTHER THAN USE AS MATERIAL IN THE MANUFACTURE
OR PRODUCTION OF, OR AS A COMPONENT PART OF, ANOTHER SUCH SUBSTANCE;
AND ANY CONTAINER OR PACKAGING MATERIAL WHICH IS USED IN THE
DISTRIBUTION OR SALE IN COMMERCE OF ANY SUCH SUBSTANCE;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(16) "RECLAIMED MATERIAL" MEANS ANY MATERIAL WHICH HAS BEEN COLLECTED
OR RECOVERED FROM WASTE FOR A COMMERCIAL PURPOSE OR INDUSTRIAL USE
FOLLOWING END USAGE AS A PRODUCT;
(17) "RECYCLED MATERIAL" MEANS ANY MATERIAL WHICH HAS BEEN COLLECTED
OR RECOVERED FROM WASTE FOR A COMMERCIAL OR INDUSTRIAL USE WHETHER OR
NOT SUCH COLLECTION OR RECOVERY FOLLOWS END USEAGE AS A PRODUCT;
(18) "RECYCLING RESEARCH" MEANS ANY INVESTIGATION WHICH ATTEMPTS TO
ADVANCE THE STATE OF THE ART WITH RESPECT TO METHODS AND TECHNOLOGIES
FOR ENERGY RECOVERY AND RESOURCE RECOVERY FROM WASTE AND WHICH IS LIKELY
TO LEAD TO THE ESTABLISHMENT OF A PILOT PLANT OR DEMONSTRATION WITHIN A
REASONABLE PERIOD OF TIME;
(19) "RECYCLABLE" MEANS CAPABLE OF BEING AND LIKELY TO BE RECOVERED
FROM WASTE FOR A COMMERCIAL OR INDUSTRIAL USE;
(20) "REUSABLE" MEANS CAPABLE OF BEING AND LIKELY TO BE REINTRODUCED
INTO COMMERCE FOR PURPOSES OF DISTRIBUTION, SALE, OR USE WITHOUT ANY
SUBSTANTIAL TREATMENT, ALTERATION, OR CHANGE OTHER THAN SANITARY
CLEANSING.
THE NEED FOR A NATIONAL MATERIALS POLICY
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THE TERM MAY INCLUDE, BUT IS NOT LIMITED TO, ANY NEW PRODUCT,
MATERIAL OR ITEM MEETING SUCH REQUIREMENTS;
(21) "STATE" MEANS ANY OF THE SEVERAL STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND
AMERICAN SAMOA;
(22) "STORAGE" MEANS THE INTERIM CONTAINMENT OF WASTE AFTER
GENERATION AND PRIOR TO FINAL DISPOSAL. IF ANY SUCH CONTAINMENT LASTS 2
YEARS OR MORE, IT SHALL BE CONSIDERED FINAL DISPOSAL RATHER THAN STORAGE
OF WASTE;
(23) "TRANSPORT" MEANS THE MOVEMENT OF WASTE FROM THE POINT OF
GENERATION THROUGH ANY INTERMEDIATE TRANSFER POINTS TO THE POINT OF
TREATMENT, STORAGE, RECOVERY, OR FINAL DISPOSAL;
(24) "TREATMENT" MEANS ANY ACTIVITY OR PROCESSING DESIGNED TO CHANGE
THE PHYSICAL FORM OR THE CHEMICAL COMPOSITION OF WASTE SO AS TO RENDER
IT NONHAZARDOUS, LESS HAZARDOUS, SAFER FOR TRANSPORT, OR RECOVERABLE;
(25) "TREATMENT FACILITY" MEANS A LOCATION AT WHICH WASTE IS
SUBJECTED TO TREATMENT. THE TERM MAY INCLUDE A FACILITY WHERE WASTE HAS
BEEN GENERATED;
(26) "UNSAFE WASTE MANAGEMENT PRACTICE" MEANS ANY ASPECT OF WASTE
MANAGEMENT OR ANY METHOD USED IN ANY WASTE DISPOSAL SYSTEM WHICH POSES
AN UNREASONABLE PRESENT ORPOTENTIAL HAZARD TO HUMAN HEALTH OR THE
ENVIRONMENT;
THE NEED FOR A NATIONAL MATERIALS POLICY
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(27) "VIRGIN NATURAL RESOURCE MATERIAL" OR "VIRGIN MATERIAL" MEANS A
RAW MATERIAL, INCLUDING, BUT NOT LIMITED TO, PREVIOUSLY UNUSED COPPER,
ALUMINUM, LEAD, ZINC, IRON, OR OTHER METAL OR METAL ORE, OR NEW OR
VIRGIN TEXTILE MATERIAL WHICH HAS USEFUL PHYSICAL OR CHEMICAL PROPERTIES
WHICH EXIST, UNUSED, IN NATURE;
(28) "WASTE" MEANS ANY DISCARDED, DISPOSED, UNUSED, OR OTHERWISE
UNUSABLE SOLID, LIQUID, OR SEMISOLID MATERIAL OR MATERIALS. THE TERM
SHALL NOT INCLUDE ANY SOURCE MATERIAL, SPECIAL NUCLEAR MATERIAL, OR
BYPRODUCT MATERIAL SUBJECT TO RECULATION OR CONTROL UNDER THE ATOMIC
ENERGY ACT OF 1954 (42 U.S.C. 201I ET SEQ.);
(29) "WASTE DISPOSAL SYSTEM" MEANS A SYSTEM FOR THE COLLECTION,
STORAGE, TRANSPORT, TREATMENT, UTILIZATION, PROCESSING, OR FINAL
DISPOSAL OF WASTE, INCLUDING ITS CONVERSION INTO ENERGY OR RECYCLED
MATERIALS; AND
(30) "WASTE MANAGEMENT" MEANS THE SYSTEMATIC CONTROL OF THE
GENERATION, COLLECTION, STORAGE, TRANSPORT, TREATMENT, UTILIZATION,
PROCESSING, RECYCLING, RECOVERY, OR FINAL DISPOSAL OF WASTE.
INVESTIGATION OF DISCRIMINATORY FREIGHT RATES FOR THE TRANSPORTATION
OF RECYCLED MATERIALS
SEC. 4. (A) INVESTIGATION. -- THE COMMISSION SHALL, WITHIN 36 MONTHS
AFTER THE DATE OF ENACTMENT OF THIS ACT, AND AS APPROPRIATE, THEREAFTER:
THE NEED FOR A NATIONAL MATERIALS POLICY
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(1) CONDUCT AN INVESTIGATION, BASED UPON THE IDENTIFICATION AND
EXAMINATION OF SUCH RATES AS ARE SIGNIFICANT TO SUCH INVESTIGATION, OF
THE RATE STRUCTURE FOR THE TRANSPORTATION OF RECYCLED MATERIALS BY
TRANSPORTATION CARRIERS SUBJECT TO ITS RESPECTIVE JURISDICTION AND
SHALL, AFTER A HEARING HAS BEEN AFFORDED, DETERMINE WHETHER SUCH
TRANSPORTATION RATE STRUCTURE IS IN WHOLE OR IN PART UNJUSTLY
DISCRIMINATORY, OR, IN THE CASE OF INTERSTATE COMMERCE, UNREASONABLE;
(2) IN ALL CASES WHERE THE RATE STRUCTURE APPLICABLE TO THE
TRANSPORTATION OF RECYCLED MATERIALS IS FOUND TO BE UNREASONABLE OR
UNJUSTLY DISCRIMINATORY, ISSUE ORDERS REQUIRING THE REMOVAL FROM SUCH
RATE STRUCTURE OF SUCH UNJUST DISCRIMINATION OR, IN THE CASE OF
INTERSTATE COMMERCE, UNREASONABLENESS; AND
(3) FILE ANNUAL REPORTS WITH THE PRESIDENT AND THE CONGRESS ON OR
BEFORE THE TENTH DAY OF DECEMBER OF EACH YEAR AND SUCH FINAL REPORT AS
SHALL BE APPROPRIATE TO REFLECT ALL ACTIONS COMMENCED OR COMPLETED UNDER
THIS SECTION DURING THE REPORTING PERIOD TO ELIMINATE UNREASONABLE AND
UNJUSTLY DISCRIMINATORY RATES FOR THE TRANSPORTATION OF RECYCLED
MATERIALS.
(B) COMPLAINTS. -- ANY INTERESTED PERSON MAY FILE A COMPLAINT WITH
THE COMMISSION ALLEGING THAT RATES, CHARGES, OR TARIFFS OR PROPOSED RATE
INCREASES FOR THE TRANSPORTATION OF ANY RECYCLED MATERIAL SUBJECT TO ITS
REGULATORY JURISDICTION ARE UNJUSTLY DISCRIMINATORY OR, IN THE CASE OF
MOVEMENTS IN INTERSTATE COMMERCE, UNREASONABLE.
THE NEED FOR A NATIONAL MATERIALS POLICY
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UPON THE FILING OF ANY SUCH COMPLAINT, THE COMMISSION SHALL FORWARD A
COPY THEREOF TO ANY CARRIER WHOSE RATES OR PROPOSED RATE INCREASES ARE
CHALLENGED. SUCH CARRIERS SHALL BE GIVEN A REASONABLE OPPORTUNITY TO
ANSWER SUCH ALLEGATIONS IN WRITING. THE COMMISSION SHALL THEREUPON
INVESTIGATE AND AFTER A PUBLIC HEARING MAKE A DETERMINATION. IF SUCH
RATES, CHARGES, TARIFFS, OR PROPOSED RATE INCREASES ARE FOUND TO BE
UNJUSTLY DISCRIMINATORY OR IN THE CASE OF MOVEMENTS IN INTERSTATE
COMMERCE, UNREASONABLE, THE COMMISSION SHALL ISSUE APPROPRIATE ORDERS
REQUIRING THE REMOVAL WHERE APPLICABLE, OF SUCH UNJUST DISCRIMINATION OR
UNREASONABLENESS.
(C) ADMINISTRATOR. -- THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY SHALL TAKE SUCH STEPS AS ARE NECESSARY TO INSURE THAT
THE DIRECTIVE CONTAINED IN SUBSECTION (A) OF THIS SECTION WILL BE
CARRIED OUT AS EXPEDITIOUSLY AS POSSIBLE. THE ADMINISTRATOR SHALL HAVE
THE RIGHT TO INTERVENE AS A PARTY IN ANY PROCEEDINC COMMENCED BY OR
BEFORE THE COMMISSION UNDER THIS SECTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(D) PROCEEDINGS. -- IN ANY PROCEEDING UNDER THIS SECTION
(1) UPON A SHOWING BY ANY INTERESTED PERSON OF COMPETITION BETWEEN A
RECYCLED MATERIAL AND A VIRGIN NATURAL RESOURCE MATERIAL AS PROVIDED IN
SUBSECTION (G) OF THIS SECTION AND OF A DIFFERENCE IN TRANSPORTATION
RATES, CHARGES, OR TARIFFS CHARGED BY A CARRIER OR A DIFFERENCE IN TE
RATE STRUCTURES FOR SUCH COMPETING MATERIALS FOR SUBSTANTIALLY SIMILAR
TRANSPORTATION, THE BURDEN SHALL THEN BE UPON THE CARRIER WHOSE RATES,
TARIFFS, CHARGES, RULES, OR REGULATIONS ARE UNDER INVESTIGATION TO SHOW
THAT THE SAME ARE NOT UNJUSTLY DISCRIMINATORY.
(2) THE COMMISSION SHALL MAKE SPECIFIC FINDINGS BASED UPON THE
RECORD. WITH RESPECT TO ALL DETERMINATIONS MADE BY IT IN ACCORDANCE
WITH THIS SECTION, ANY RELEVANT FACTS OR CONCLUSIONS, INCLUDING MATTERS
TO BE OFFICIALLY NOTICED, SHALL BE INTRODUCED INTO THE RECORD, SUBJECT
TO CROSS EXAMINATION, IN ACCORDANCE WITH THE RULES OF EVIDENCE GOVERNING
PROCEEDINGS UNDER THE INTERSTATE COMMERCE ACT AS AMENDED (49 U.S.C. 1,
ET SEQ.) OR THE SHIPPING ACT OF 1916 AS AMENDED (46 U.S.C. 801, ET
SEQ.).
(3) THE COMMISSION SHALL GIVE FULL PREFERENCE TO THE HEARING AND
DECISION IN ANY PROCEEDING UNDER THIS SECTION AND SHALL CONCLUDE SUCH
PROCEEDINGS AS SPEEDILY AS POSSIBLE.
(4) THIS SECTION SHALL BE READ IN A MATERIA, AS APPROPRIATE, WITH THE
INTERSTATE COMMERCE ACT, AS AMENDED (49 U.S.C. 1, ET SEQ.) OR THE
SHIPPING ACT OF 1916, AS AMENDED (46 U.S.C. 801, ET SEQ.).
THE NEED FOR A NATIONAL MATERIALS POLICY
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(C) REVIEW. -- ORDERS ISSUED BY THE COMMISSION PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO JUDICIAL REVIEW OR ENFORCEMENT IN THE SAME
MANNER AS ORDERS ISSUED BY THE COMMISSION UNDER THE INTERSTATE COMMERCE
ACT, AS AMENDED (49 U.S.C. 1, ET SEQ.), OR THE SHIPPING ACT OF 1916, AS
AMENDED (49 U.S.C. 801, ET SEQ.).
(F) REGULATIONS. -- THE COMMISSION IS AUTHORIZED TO PRESCRIBE SUCH
REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PROVISIONS AND PURPOSES OF
THIS SECTION.
(G) PRESUMPTION. -- FOR THE PURPOSES OF THIS SECTION, A RECYCLED
MATERIAL SHOWN TO BE PRACTICABLY USABLE AND INTENDED TO BE USED IN A
PARTICULAR MANUFACTURING, INDUSTRIAL, OR ENERGY PRODUCTION PROCESS,
WHICH USE WOULD REDUCE THE USE OF A VIRGIN NATURAL RESOURCE MATERIAL
WHICH COULD OTHERWISE BE USED, SHALL BE PRESUMED TO BE COMPETITIVE WITH
SUCH VIRGIN NATURAL RESOURCE MATERIAL UNLESS SUCH SHOWING IS REBUTTED BY
A PREPONDERANCE OF THE EVIDENCE.
(H) DEFINITIONS. -- AS USED IN THIS SECTION, THE "COMMISSION" MEANS
TO THE EXTENT OF APPLICABLE JURISDICTION, THE INTERSTATE COMMERCE
COMMISSION OR THE FEDERAL MARITIME COMMISSION, OR BOTH.
THE NEED FOR A NATIONAL MATERIALS POLICY
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106586
HEARING
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BILL
(I) RESEARCH, DEVELOPMENT, AND DEMONSTRATION. -- THE SECRETARY OF
TRANSPORTATION, IN COOPERATION WITH THE INTERSTATE COMMERCE COMMISSION
AND THE FEDERAL MARITIME COMMISSION SHALL ESTABLISH A RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM WHICH SHALL DEVELOP AND IMPROVE
TRANSPORT TERMINAL OPERATIONS, TRANSPORT SERVICE CHARACTERISTICS,
TRANSPORT EQUIPMENT, AND COLLECTION AND PROCESSING METHODS FOR THE
PURPOSE OF FACILITATING THE COMPETITIVE AND EFFICIENT TRANSPORTATION OF
RECYCLED MATERIALS.
RECLAIMED MATERIALS PREFERENCE
SEC. 5. (A) GENERAL. -- 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 ANY
PROPERTY HAVING A FAIR MARKET VALUE OF $5,000 OR MORE AND WITH RESPECT
TO ANY PURCHASE OR ACQUISITION ON A RECURRING OR CONTINUING BASIS OF THE
SAME OR A FUNCTIONALLY EQUIVALENT MATERIAL, PRODUCT, OR ITEM WHERE THE
FAIR MARKET VALUE OF THE QUANTITY THEREOF PURCHASED OR ACQUIRED IN THE
COURSE OF THE PRECEDING FISCAL YEAR WAS $5,000 OR MORE.
(B) REQUIREMENTS. -- (1) WITH RESPECT TO PROCUREMENT ITEMS PURCHASED
THROUGH ADVERTISEMENTS FOR BIDS, NO PROCUREMENT SHALL BE MADE OF ANY
SUCH ITEM UNLESS IT IS, BY COMPARISON WITH COMPETING ITEMS OFFERED FOR
SALE BY SUPPLIERS, COMPOSED OF THE GREATEST PERCENTAGE OF RECLAIMED
MATERIALS AND IS, TO THE GREATEST EXTENT, RECYCLABLE OR REUSABLE
FOLLOWING THE USE FOR WHICH IT IS DESIGNED OR USED, WHENEVER A
SIGNIFICANT DIFFERENCE EXISTS BETWEEN SUCH ITEM AND COMPETING ITEMS WITH
RESPECT TO SUCH CHARACTERISTICS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(2) THE REQUIREMENTS OF PARAGRAPH (1) OF THIS SECTION SHALL NOT APPLY
TO ANY PROCUREMENT BY A PROCURING AGENCY IF THE PROCUREMENT ITEM WHICH
MEETS SUCH REQUIREMENTS AND REGULATIONS (A) IS NOT REASONABLY AVAILABLE
WITHIN A REASONABLE PERIOD OF TIME; (B) DOES NOT MEET REASONABLE
PERFORMANCE STANDARDS SET BY SUCH AGENCY; (C) IS ONLY AVAILABLE AT A
PRICE WHICH UNREASONABLY EXCEEDS THE CURRENT MARKET PRICE FOR COMPETING
ITEMS; OR IN ANY SITUATION IN WHICH SUCH PROCURING AGENCY FOR GOOD
CAUSE FINDS THAT SUCH REQUIREMENTS ARE IMPRACTICABLE, UNNECESSARY, OR
CONTRARY TO THE PUBLIC INTEREST.
(3) EACH PROCURING AGENCY SHALL MAKE ITS OWN DETERMINATION AND
FINDINGS WITH RESPECT TO THE CHARACTERISTICS OF PROCUREMENT ITEMS AND
COMPETING ITEMS AND THE QUESTION OF COMPLIANCE WITH THE REQUIREMENTS OF
THIS SECTION. THE SECRETARY OF COMMERCE, THROUGH THE NATIONAL BUREAU OF
STANDARDS, AND THE ADMINISTRATOR SHALL ASSIST ANY PROCURING AGENCY IN
MAKING ANY SUCH DETERMINATIONS OR FINDINGS UPON REQUEST IN WRITING FROM
SUCH AGENCY.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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IN CASE OF ANY DISPUTE BETWEEN A PROCURING AGENCY AND A PROSPECTIVE
SUPPLIER WITH RESPECT TO ANY SUCH DETERMINATION OR FINDINGS, SUCH
SUPPLIER MAY OBTAIN REVIEW OF SUCH DETERMINATION OR FINDINGS IN AN
APPROPRIATE DISTRICT COURT OF THE UNITED STATES.
(4) TO THE EXTENT THAT A PROSPECTIVE SUPPLIER FAILS TO DISCLOSE ANY
INFORMATION WITH RESPECT TO THE PERCENTAGE OF RECLAIMED MATERIALS IN A
PROCUREMENT ITEM OR THE RECYCLABILITY OR REUSABILITY OF SUCH ITEM, SUCH
FAILURE, FOR PURPOSES OF THIS SECTION, SHALL BE TREATED AS AN ADMISSION
THAT SUCH ITEM CONTAINS NO SUCH MATERIALS AND IS NEITHER RECYCLABLE NOR
REUSABLE.
(C) GUIDELINES. -- THE ADMINISTRATOR, AFTER CONSULTATION WITH THE
ADMINISTRATOR OF GENERAL SERVICES AND THE PUBLIC PRINTER, SHALL PREPARE,
AND FROM TIME TO TIME REVISE, GUIDELINES FOR THE USE OF PROCURING
AGENCIES IN THE IMPLEMENTATION OF THE REQUIREMENTS OF THIS SECTION.
SUCH GUIDELINES SHALL SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO
THE PROCUREMENT OF RECLAIMED, RECYCLABLE, AND REUSABLE MATERIALS AND
ITEMS CONTAINING SUCH MATERIALS AND SHALL PROVIDE INFORMATION AS TO THE
AVAILABILITY, SOURCES OF SUPPLY, AND POTENTIAL USES OF SUCH MATERIALS
AND ITEMS.
(D) OTHER STANDARDS. -- IN ADDITION TO THE FOREGOING, EACH PROCURING
AGENCY SHALL BE SUBJECT TO ALL APPLICABLE STANDARDS PROMULGATED UNDER
SECTION 7 OF THIS ACT WITH RESPECT TO ALL PROCUREMENT ITEMS PURCHASED OR
ACQUIRED BY IT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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RECOVERY FACILITIES PREFERENCE
SEC. 6. A PROCURING AGENCY SHALL, TO THE MAXIMUM EXTENT PRACTICABLE,
MANAGE OR ARRANGE FOR THE MANAGEMENT OF WASTE GENERATED BY IT IN A
WASTE-MANAGEMENT FACILITY WHICH MAXIMIZES RESOURCE AND ENERGY RECOVERY.
MINIMIZATION OF NEEDLESS AND DANGEROUS WASTE
SEC. 7. (A) REPORTS. -- THE ADMINISTRATOR SHALL, AFTER CONSULTATION
WITH APPROPRIATE FEDERAL AGENCIES, COMPILE AND PUBLISH A REPORT OR
SERIES OF REPORTS (1) IDENTIFYING PRODUCTS (OR CLASSES OF PRODUCTS)
WHICH IN HIS JUDGMENT ARE MAJOR ITEMS OF SOLID WASTE, BASED ON THE
BURDENS AND RISKS TO HUMAN HEALTH AND THE ENVIRONMENT ASSOCIATED WITH
THE DISPOSAL OF AND THE DEPLETION OF VIRGIN NATURAL RESOURCES ASSOCIATED
WITH THE MANUFACTURE AND DISTRIBUTION OF, SUCH PRODUCTS; AND (2) GIVING
INFORMATION ON TECHNIQUES FOR PROTECTING HUMAN HEALTH AND THE
ENVIRONMENT AGAINST SUCH BURDENS OR RISKS AND FOR PREVENTING THE
DEPLETION OF SUCH VIRGIN NATURAL RESOURCES, INCLUDING AVAILABLE DATA ON
TECHNOLOGY, COST, AND ALTERNATIVE METHODS OF CONTROL. THE FIRST SUCH
REPORT SHALL BE PUBLISHED NOT LATER THAN 3 MONTHS AFTER THE DATE OF
ENACTMENT OF THIS ACT. THE ADMINISTRATOR SHALL FROM TIME TO TIME REVIEW
AND, AS APPROPIRATE, REVISE OR SUPPLEMENT ANY REPORTS PUBLISHED UNDER
THIS SECTION. ANY SUCH REPORT (OR REVISION THEREOF) SHALL BE ANNOUNCED
IN THE FEDERAL REGISTER, AND COPIES SHALL BE MADE AVAILABLE TO THE
GENERAL PUBLIC.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(B) STANDARDS. -- THE ADMINISTRATOR, IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION ( ) OF THIS SECTION, MAY PROMULGATE AND FROM
TIME TO TIME REVISE, STANDARDS REGULATING THE MANUFACTURE AND
DISTRIBUTION IN COMMERCE OF PRODUCTS WHICH ARE IDENTIFIED (OR ARE PART
OF A CLASS IDENTIFIED) AS MAJOR ITEMS OF SOLID WASTE IN ANY REPORT
PUBLISHED UNDER SUBSECTION (A) OF THIS SECTION, TO THE EXTENT NECESSARY
TO PROTECT HUMAN HEALTH AGAINST UNREASONABLE RISKS AND THE ENVIRONMENT
AGAINST UNREASONABLE BURDENS OR RISKS ASSOCIATED WITH THE DISPOSAL OF
SUCH PRODUCTS OR TO PREVENT THE UNREASONABLE DEPLETION OF ANY VIRGIN
NATURAL RESOURCE. SUCH A STANDARD SHALL BE PROMULGATED BY REGULATIONS
AND MAY (A) PROHIBIT OR SUSPEND THE MANUFACTURE, DISTRIBUTION, OR SALE
OF A PRODUCT IN COMMERCE; (B) RESTRICT THE MANNER IN WHICH A PRODUCT
MAY BE DISTRIBUTED, SOLD, OR UTILIZED IN COMMERCE; (C) DECLARE THAT A
PRODUCT, TO BE DISTRIEUTED OR SOLD IN COMMERCE, MUST CONTAIN A SPECIFIED
PERCENTAGE OF RECLAIMED, RECOVERED, REUSABLE, OR RECYCLABLE MATERIALS;
(D) DECLARE THAT A PRODUCT, TO BE DISTRIBUTED OR SOLD IN COMMERCE, MUST
NOT CONTAIN MORE THAN A SPECIFIED QUANTITY OF IDENTIFIED COMPONENT
MATERIALS WHICH ARE DETERMINED TO PRODUCE ADVERSE EFFECTS UPON DISPOSAL;
OR (E) ANY COMBINATION OF THE FOREGOING. ANY STANDARD ISSUED UNDER
THIS PARAGRAPH SHALL TAKE EFFECT AS SOON AS PRACTICAELE, TAKING INTO
ACCOUNT NECESSARY LEAD TIME FOR COMPLIANCE WITH SUCH STANDARDS BY
MANUFACTURERS OF SUCH PRODUCTS.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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THE PROMULGATION OF ANY STNADARD UNDER THIS SECTION SHALL BE
CONSIDERED A MAJOR FEDERAL ACTION SIGNIFICANTLY AFFECTING THE QUALITY OF
THE HUMAN ENVIRONMENT WITHIN THE MEANING OF SECTION 102(2)(C) OF THE
NATIONAL ENVIRONENTAL POLICY ACT OF 1969, AND THE PROVISIONS OF SUCH
SECTION 102(2)(C) AND ALL OTHER SECTIONS OF SUCH ACT SHALL APPLY TO EACH
SUCH ACTION.
(C) LIMITATIONS. -- (1) STANDARD SHALL BE PROMULGATED UNDER THIS
SECTION UNLESS THE ADMINISTRATOR FINDS THAT (A)(I) REGULATIONS ISSUED
UNDER THE CLEAN AIR ACT, AS AMENDED, (42 U.S.C. 1857), THE FEDERAL WATER
POLLUTION CONTROL ACT, AS AMENDED (33 U.S.C. 466), OR SECTION 8 OF THIS
ACT CANNOT PROTECT AS EFFECTIVELY AGAINST SUCH RISKS OR BURDENS, AND
(II) SUCH STANDARD WILL NOT RESULT IN AN UNREASONABLE DEPLETION OF A
VIRGIN NATURAL RESOURCE; OR (B) A STANDARD IS NECESSARY OR APPROPRIATE
TO PREVENT UNREASONABLE DEPLETION OF A VIRGIN NATURAL RESOURCE; AND (C)
THE ENVIRONMENTAL, ECONOMIC, AND SOCIAL BENEFITS LIKELY TO BE DERIVED
FROM THE APPLICATION OF SUCH STANDARD EXCEED THE ENVIRONENTAL, ECONOMIC,
AND SOCIAL COSTS LIKELY TO RESULT THEREFROM.
(2) NO STANDARD PROHIBITING OR SUSPENDING THE MANUFACTURE,
DISTRIBUTION, OR SALE OF A PRODUCT IN COMMERCE UNDER CLAUSE (A) OF
SUBSECTION (B) OF THIS SECTION WHALL BE PROMULGATED UNLESS THE
ADMINISTRATOR FINDS THAT ANOTHER STANDARD PROMULGATED UNDER CLAUSE (B),
(C), (D), OR (E) OF SUBSECTION (B) OF THIS SECTION, WHICH WOULD NOT
PROHIBIT OR SUSPEND THE MANUFACTURE, DISTRIBUTION, OR SALE OF THE
PRODUCT, WOULD NOT ACCOMPLISH THE PURPOSES OF SUCH STANDARD AS
EFFECTIVELY.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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S 3277, 740329
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(3) NO STANDARD RESTRICTING THE MANNER IN WHICH A PRODUCT MAY BE
DISTRIBUTED, SOLD, OR UTILIZED IN COMMERCE UNDER CLAUSE (B) OF
SUBSECTION (B) OF THIS SECTION SHALL BE PROMULGATED UNLESS THE
ADMINISTRATOR FINDS THAT A STANDARD PROMULGATED UNDER CLAUSE (C), (D),
OR (E) OF SUBSECTION (B) OF THIS SECTION, WHICH WOULD NOT RESTRICT THE
MANNER IN WHICH THE PRODUCT MAY BE DISTRIBUTED, SOLD, OR UTILIZED, WOULD
NOT ACCOMPLISH THE PURPOSES OF SUCH STANDARD AS EFFECTIVELY.
(D) SEIZURE. -- (1) THE ADMINISTRATOR, OR UPON HIS REQUEST THE
ATTOFNEY GENERAL, MAY INITIATE AN ACTION IN AN APPROPRIATE DISTRICT
COURT OF THE UNITED STATES AGAINST ANY PRODUCT WHICH CONSTITUTES AN
IMMINENT HAZARD, AS DESCRIBED IN SECTION 20(D) OF THIS ACT, OR AGAINST
ANY PRODUCT WHICH IS MANUFACTURED, DISTRIBUTED, SOLD, OR UTILIZED IN
VIOLATION OF A STANDARD PROMULGATED UNDER SUBSECTION (6) OF THIS SECTION
OR A FINDING MADE UNDER SUBSECTION (C)(I) OF THIS SECTION FOR SEIZURE
AND CONDEMNATION OF SUCH PRODUCT.
(2) IN ANY SUCH ACTION, SUCH PRODUCT MAY BE PROCEEDED AGAINST BY
PROCESS OF LIBEL FOR ITS SEIZURE AND CONDEMNATION WITHIN ANY JUDICIAL
DISTRICT IN WHICH IT IS FOUND.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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PROCEEDINGS AND CASES SHALL CONFORM AS NEARLY AS POSSIBLE TO
PROCEEDINGS IN REM IN ADMIRALTY.
(3) UPON THE ENTRY OF AN ORDER OF SEIZURE AND CONDEMNATION UNDER THIS
SUBSECTION, THE PRODUCT AGAINST WHICH SUCH ORDER IS ENTERED SHALL BE
DISPOSED OF BY DESTRUCTION OR SALE UNDER THE SUPERVISION OF AN OFFICER
OF THE COURT, OR IT SHALL BE RELEASED TO ITS OWNER, OR A DESIGNATED
RESPONSIBLE PERSON WHO INTERVENED INTE PROCEEDING AS A CLAIMANT, TO BE
DESTROYED OR BROUGHT INTO COMPLIANCE WITH APPLICABLE REQUIREMENTS UNDER
THE SUPERVISION OF A DULY AUTHORIZED AGENT OF THE ADMINISTRATOR. ANY
SUCH SALE SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBSECTION AND THE LAWS OF THE JURISDICTION IN WHICH THE SALE IS
CONDUCTED. THE PROCEEDS OF SUCH SALE, MINUS EXPENSES OF SALE AND COSTS,
SHALL BE PAID TO THE UNITED STATES FOR DEPOSIT IN THE TREASURY AS
"MISCELLANEOUS RECEIPTS". NO SUCH PRODUCT WHALL BE RELEASED UNTIL THE
OWNER OR DESIGNATED RESPONSIBLE PERSON HAS PAID TO THE COURT ALL COSTS
INCURRED AND HAS EXECUTED A GOOD AND SUFFICIENT BOND PAYABLE TO THE
UNITED STATES CONDITIONED UPON A COMMITMENT THAT (A) THE PRODUCT WILL BE
DESTROYED OR BROUGHT INTO COMPLIANCE WITH APPLICABLE REQUIREMENTS OF
THIS PARAGRAPH; (B) THE PRODUCT WILL NOT BE SOLD OR DISPOSED OF
CONTRARY TO THE PROVISIONS OF THE ORDER, THIS ACT AND REGULATIONS
THEREUNDER, AND THE LAWS OF TE INVOLVED STATE; AND (C) PAYMENT WILL BE
MADE PROMPTLY TO THE ADMINISTRATOR OF REASONABLE AND APPROPRIATE
SUPERVISION FEES, ACCORDING TO A SCHEDULE OF SUCH FEES TO BE ESTABLISHED
BY THE ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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AS USED IN THIS PARAGRAPH, "COSTS" MEANS, WHERE APPLICABLE, COURT
COSTS AND FEES, MOVING AND STORAGE EXPENSES, TESTING AND EXAMINATION
COSTS, AND ANY OTHER EXPENSES INCURRED IN SEIZING AND SAFEGUARDING SUCH
PROPERTY.
(C) EXPORTS AND IMPORTS. -- (1) A PRODUCT INTENDED SOLELY FOR EXPORT
AND NOT SOLD FOR PURPOSES OTHER THAN RESALE IN ANY STATE IS EXEMPT FROM
REGULATIONS AND STANDARDS ISSUED UNDER THIS SECTION, EXCEPT THAT NO
PRODUCT MAY BE EXPORTED IF THE ADMINISTRATOR FINDS THAT SUCH PRODUCT
WILL, UPON FINAL DISPOSAL FOLLOWING EXPORT AND USE, DIRECTLY OR
INDIRECTLY POSE AN UNREASONABLE THREAT TO THE HEALTH OF HUMANS WITHIN
THE UNITED STATES OR TO THE ENVIRONMENT OF THE UNITED STATES OR WILL
RESULT IN UNREASONABLE DEPLETION OF A VIRGIN NATURAL RESOURCE OF THE
UNITED STATES. THE ADMINISTRATOR, WITH THE COOPERATION OF THE SECRETARY
OF STATE, SHALL FURNISH A NOTICE OF INFORATION IN HIS POSSESSION, WITH
RESPECT TO A PRODUCT AND APPLICABLE STANDARDS, AND SHALL MAKE AVAILABLE
AT COST ANY SUCH INFORMATION REQUESTED, TO THE GOVERNMENT OF ANY FOREIGN
NATION TO WHICH AN IDENTIFIED PRODUCT OR CLASS OF PRODUCTS IS OR MAY BE
EXPORTED, WHERE SUCH PRODUCT IS COVERED BY A STANARD PROMULGATED UNDER
SUBSECTION (B) OF THIS SECTION WHICH IS DESIGNED TO PROTECT HUMAN HEALTH
AND THE ENVIRONMENT AGAINST UNREASONABLE BURDENS OR RISKS ASSOCIATED
WITH THE DISPOSAL OF SUCH PRODUCT BUT WHICH IS EXEMPTED FROM THE
APPLICATION OF SUCH STANDARD BY THIS PARAGRAPH.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(2) THE SECRETARY OF THE TREASURY SHALL REFUSE ENTRY INTO THE UNITED
STATES, OR ADMISSION FOR DELIVERY OF ANY PRODUCT OFFERED FOR ENTRY,
WHICH FAILS TO CONFORM WITH AN APPLICABLE STANDARD PROMULGATED UNDER
SUBSECTION (B) OF THIS SECTION TO THE EXTENT THAT SUCH STANDARD IS
DESIGNED TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT AGAINST
UNREASONABLE BURDENS OR RISKS ASSOCIATED WITH THE DISPOSAL OF SUCH
PRODUCT. SUCH SECRETARY SHALL NOTIFY THE CONSIGNEE OF SUCH PRODUCT OF
SUCH REFUSAL OF ENTRY TOGETHER UITH THE REASON THEREFOR. THE SECRETARY
OF THE TREASURY (A) SHALL CAUSE THE DISPOSAL OR STORAGE (IN ACCORDANCE
WITH SUCH REGULATIONS AS HE MAY PRESCRIBE) OF SUCH PRODUCT IF IT IS NOT
RETURNED TO ITS NATION OF ORIGIN OR TRANSPORTED TO ANY OTHER FOREIGN
NATION WITHIN 3 MONTHS AFTER SUCH NOTIFICATION OF THE CONSIGNEE; OR (B)
MAY DELIVER SUCH PRODUCT TO THE CONSIGNEE PENDING EXAMINATION AND FINAL
DECISION IF SUCH CONSIGNEE (I) EXECUTES A BOND PAYABLE TO THE UNITED
STATES IN A FACE AMOUNT EQUAL TO THE FULL INVOICE VALUE OF SUCH PRODUCT
AND ANY DUTY THEREON; AND (II) AGREES THAT THE FULL AMOUNT OF SUCH BOND
SHALL BE FORFEITED IF HE REFUSES TO RETURN SUCH PROPERTY TO THE CUSTODY
OF SUCH SECRETARY UPON DEMAND.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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ALL CHARGES FOR STORAGE, CARTAGE, AND LABOR ON ANY PRODUCT REFUSED
ADMISSION FOR DELIVERY UNDER THIS PARAGRAPH SHALL BE PAID BY THE OWNER
OR CONSIGNEE THEREOF AND, UNTIL PAYMENT, SHALL CONSTITUTE A LIEN AGAINST
ANY OTHER PRODUCTS IMPORTED BY SUCH OWNER OR CONSIGNEE.
(F) STATE AUTHORITY. -- (1) IF THE ADMINISTRATOR HAS PROMULGATED A
STANDARD UNDER SUBSECTION (B) OF THIS SECTION OR MADE A FINDING UNDER
SUBSECTION (C)(1) OF THIS SECTION WITH RESPECT TO A PRODUCT, NO STATE OR
LOCAL GOVERNMENT MAY IMPOSE REQUIREMENTS WHICH ARE DIFFERENT THEREFROM.
(2) THE ADMINISTRATOR MAY BY REGULATION, UPON THE PETITION OF ANY STATE
OR LOCAL GOVERNMENT OR AT HIS OWN INTIATIVE, EXEMPT STATE AND LOCAL
GOVERNMENTS FROM THE PROHIBITIONS OF PARAGRAPH (1) OF THIS SUBSECTION
WITH RESPECT TO ANY STATE OR LOCAL REQUIREMENT WHICH IS MORE STRINGENT
THAN THE CORRESPONDING FEDERAL REQUIREMENT, IF SUCH EXEMPTION WILL NOT,
THROUGH DIFFICULTIES IN MARKETING, DISTRIBUTION, OR OTHER FACTORS,
RESULT IN PLACING AN UNREASONABLE BURDEN UPON COMMERCE.
UNSAFE WASTE MANAGEMENT PRACTICES
SEC. 8. (A) GENERAL. -- AS SOON AS FEASIBLE, BUT NO LATER THAN 18
MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, AFTER CONSULTATION WITH
APPROPRIATE FEDERAL AGENCIES, THE ADMINISTRATOR SHALL ISSUE, AND MAY
FROM TIME TO TIME THEREAFTER MODIFY, FINAL REGULATIONS ESTABLISHING (1)
STANDARDS FOR THE REGULATION AND ELIMINATION OF UNSAFE WASTE MANAGEMENT
PRACTICES, IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; (2)
PERMIT REQUIREMENTS FOR CERTAIN GENERATORS OF HAZARDOUS WASTE AND
OPERATORS OF WASTE TREATMENT OR DISPOSAL SITES OR FACILITIES, IN
ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION; AND (3) STANDARDS FOR
STATE PROGRAMS DESIGNED TO REGULATE AND ELIMINATE UNSAFE WASTE
MANAGEMENT PRACTICES, IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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(B) STANDARDS. -- (1) REGULATIONS ISSUED UNDER SUBSECTION (A)(1) OF
THIS SECTION SHALL INCLUDE MINIMUM PERFORMANCE STANDARDS WITH RESPECT TO
THE METHODS, TECHNIQUES AND PRACTICES OF WASTE MANAGEMENT WHICH ARE
REASONABLY NECESSARY OR APPROPRIATE TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT AGAINST RISKS ASSOCIATED WITH UNSAFE MANAGEMENT OF WASTES.
SUCH STANDARDS SHALL SPECIFY, BUT SHALL NOT BE LIMITED TO, ACCEPTABLE
CRITERIA FOR THE LOCATION, DESIGN, CONSTRUCTION, AND OPERATION AND
MAINTENANCE OF WASTE TREATMENT AND DISPOSAL SITES AND FACILITIES,
INCLUDING, WHERE APPROPRIATE, SPECIFICATIONS THAT SUCH SITES AND
FACILITIES BE CONSTRUCTED OR OPERATED BY REGIONAL AUTHORITIES CONSISTING
OF MORE THAN ONE STATE OR POLITICAL SUBDIVISION. SUCH STANDARDS SHALL
TAKE INTO ACCOUNT THE NATURE OF THE WASTE AND SHALL PROVIDE THE MAXIMUM
FEASIBLE PROTECTION FOR HUMAN HEALTH AND THE ENVIRONMENT.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
S 3560, 740531
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S 3277, 740329
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(2) IN DEVELOPING SUCH STANDARDS, THE ADMINISTRATOR SHALL CONSIDER
ALL FACTORS RELEVANT TO PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT,
INCLUDING THE LIKELIHOOD AND EXTENT OF CONTAMINATION OF GROUND OR
SURFACE WATERS; THE LIKELIHOOD AND EXTENT OF AIR POLLUTION; ANY
POTENTIAL HAZARDS TO TRANSPORTATION MODES OR FACILITIES; THE
RELATIONSHIP OF DISPOSAL SITE AND FACILITY LOCATIONS TO POETENTIAL RISKS
AND HAZARDS RESULTING FROM DECOMPOSITION OF WASTE; RISK OF SURFACE AND
SUBSURFACE FIRES AT DISPOSAL SITES AND FACILITIES; AND ANY OTHER
MATTERS AFFECTING HUMAN HEALTH OR THE ENVIRONMENT ARISING OUT OF OR IN
THE COURSE OF WASTE MANAGEMENT.
(3) NO REGULATION SHALL BE ISSUED UNDER SUBSECTION (A) (1) OF THIS
SECTION FOR THE PURPOSE OF CONTROLLING ANY EFFLUENT OR EMISSION UNLESS
THE ADMINISTRATOR FINDS THAT SUCH EFFLUENT OR EMISSION CANNOT BE AS
EFFECTIVELY CONTROLLED BY THE CLEAN AIR ACT, AS AMENDED, OR THE FEDERAL
WATER POLLUTION CONTROL ACT, AS AMENDED.
(C) PERMITS. -- (1) REGULATIONS ISSUED UNDER SUBSECTION (A)(2) OF
THIS SECTION SHALL MANDATE THAT A PERSONG OBTAIN FROM THE STATE AND
RETAIN A GENERATOR'S OR OPERATOR'S PERMIT, IN ACCORDANCE WITH THE
APPLICABLE REQUIREMENTS OF THIS SUBSECTION, IF SUCH PERSON IS A
GENERATOR OF A SIGNIFICANT AMOUNT OF HAZARDOUS WASTE, AS DETERMINED BY
REGULATION BY THE ADMINISTRATOR, OR IF SUCH PERSON IS AN OPERATOR OF A
WASTE TREATMENT OR DISPOSAL SITE OR FACILITY WHICH IS OF SUCH A NATURE
OR CHARACTER AS TO POSE SIGNIFICANT RISKS TO HUMAN HEALTH OR THE
ENVIRONMENT, AS DETERMINED BY REGULATION BY THE ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(2) A PERSON SHALL NOT QUALIFY FOR, OBTAIN, OR RETAIN A GENERATOR'S
PERMIT UNLESS HE (A) MAINTAINS DAILY RECORDS WHICH INDICATE THE AMOUNT
AND NATURE OF ALL HAZARDOUS WASTE GENERATED AND THE TREATMENT, TREATMENT
FACILITIES, AND DISPOSAL SITES USED IN THE DISPOSITION THEREOF; (B)
LABELS CONSPICUOUSLY ALL CONTAINERS IN WHICH SUCH HAZARDOUS WASTE IS
STORED ON PROPERTY OWNED BY THE GENERATOR OR IN WHICH IT IS TRANSPORTED
TO ANY DISPOSAL SITE; (C) MEETS OR EXCEEDS ALL APPLICABLE STANDARDS SET
FORTH IN REGULATIONS ISSUED UNDER SUBSECTION (B) OF THIS SECTION AND ALL
APPLICABLE STATE STANDARDS FOR THE REGULATION AND CLIMINATION OF UNSAFE
WASTE MANAGEMET PRACTICES; (D) EXCEPT WHERE THE DESTINATION IS PROPERTY
OWNED BY THE GENERATOR, TRANSPORTS HAZARDOUS WASTE ONLY TO WASTE
TREATMENT OR DISPOSAL SITES FACILITIES WHICH HAVE QUALIFIED FOR AND BEEN
GRANTED A WASTE DISPOSAL PERMIT; (E) SUBMITS AN ANNUAL REPORT TO THE
APPLICABLE PERMIT-GRANTING AUTHORITY, ON A FORM PREPARED WITH THE
APPROVAL OF THE ADMINISTRATOR; (F) SUBMITS TO INSPECTION OF RECORDS AND
OPERATIONS TO DETERMINE COMPLIANCE WITH PERMIT REQUIREMENTS IN
ACCORDANCE WITH SECTION 18(B) OF THIS ACT; (G) COMPLIES WITH ANY
SPECIAL CONDITIONS IMPOSED BY THE PERMIT-GRANTING AUTHORITY; AND (H)
OPERATES CONSISTENTLY WITH ANY APPLICABLE STATE COMPREHENSIVE PLAN
DEVELOPED UNDER SECTION 10 OF THIS ACT.
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(3) A PERSON SHALL NOT QUALIFY FOR, OBTAIN, OR RETAIN AN OPERATOR'S
PERMIT UNLESS HE (A) MEETS OR EXCEEDS ALL APPLICABLE STANDARDS SET FORTH
IN REGULATIONS ISSUED UNDER SUBSECTION (B) OF THIS SECTION AND ALL
APPLICABLE STATE STANDARDS FOR THE REGULATION AND ELIMINATION OF UNSAFE
WASTE MANAGEMENT PRACTICES; AND (B) REFUSES TO ACCEPT FOR TREATMENT OR
DISPOSAL WASTE WHICH IS LABELED OR CONTAINERIZED IN VIOLATION OF
APPLICABLE STANDARDS IF HE KNOWS OR REASONABLY SHOULD HAVE KNOWN SUCH
WASTE TO BE SO LABELED OR CONTAINERIZED.
(D) PROGRAM STANDARDS. -- REGULATIONS ISSUED UNDER SUBSECTION (A)(3)
OF THIS SECTION SHALL MANDATE THAT, AT A MINIMUM, AN ACCEPTABLE STATE
PROGRAM FOR THE REGULATION AND ELIMINATION OF UNSAFE WASTE MANAGEMENT
PRACTICES SHALL REQUIRE THAT
(1) ANY PERSON IN THE STATE GENERATING HAZARDOUS WASTE OR OPERATING A
WASTE TREATMENT OR DISPOSAL SITE OR FACILITY IN THE STATE SHALL OBTAIN
FROM THE STATE A GENERATOR'S OR OPERATOR'S PERMIT WHERE SUCH A PERMIT IS
REQUIRED BY SUBSECTION (B) OF THE SECTION AND REGULATIONS ISSUED
THEREUNDER. SUCH A PERMIT SHALL NOT BE ISSUED, AND IF ISSUED SHALL BE
SUSPENDED OR REVOKED, IF A PERSON FAILS TO COMPLY WITH ANY APPLICABLE
REQUIREMENT UNDER SUBSECTION (B) OR (C) OF THIS SECTION OR ANY
APPLICABLE STATE REQUIREMENT FOR THE REGULATION AND ELIMINATION OF
UNSAFE WASTE MANAGEMENT PRACTICES.
THE NEED FOR A NATIONAL MATERIALS POLICY
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THE STATE SHALL CONDUCT A SUFFICIENT NUMBER OF INSPECTIONS ANNUALLY
TO INSURE FULL COMPLIANCE WITH SUCH PERMIT REQUIREMENTS;
(2) ALL PERSONS GENERATING, TRANSPORTING, TREATING, DISPOSING, OR
OTHERUISE MANAGEING WASTES WITHIN THE STATE MEET OR EXCEED ANY STATE OR
FEDERAL STANDARD OR REQUIREMENT WITH RESPECT TO THE REGULATION AND
ELIMINATION OF UNSAFE WASTE MANAGEMENT PRACTICES (INCLUDING ANY STATE
REQUIREMENT NEEDED TO IMPLEMENT FEDERAL REQUIREMENTS UNDER THIS
SECTION); AND
(3) STATE AUTHORITY WITH RESPECT TO THE REGULATION AND ELIMINATION OF
UNSAFE WASTE MANAGEMENT PRACTICES RESIDES IN AN AGENCY OR AGENCIES WHICH
(A) ARE RESPONSIVE TO THE NEEDS OF HUMAN HEALTH AND THE ENVIRONMENT;
(B) ARE AUTHORIZED TO EXERCISE AND DO EXERCISE ADEQUATE REGULATORY
AUTHORITY; (C) ARE AUTHORIZED AND ADEQUATELY STAFFED TO CONDUCT
COMPREHENSIVE AND DETAILED INVESTIGATIONS INTO ANY ASPECT OF UNSAFE
WASTE MANAGEMENT PRACTICES; (D) ESTABLISH AND ENFORCE ADEQUATELY
REGULATIONS, PRACTICES, AND PROVISIONS WHICH ARE CONSISTENT WITH THE
PROVISIONS OF AND THE REGULATIONS UNDER THIS ACT; AND (E) MAKE
PROVISION FOR PUBLIC PARTICIPATION, INCLUDING NOTICE AND OPPORTUNITY FOR
A PU0LIC HEARING PRIOR TO THE ISSUANCE OF ANY GENERATOR'S OR OPERATOR'S
PERMIT.
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(E) EFFECT ON STATE LAWS. -- (1) NOTHING CONTAINED IN THIS ACT SHALL
BE CONSTRUED TO PREVENT ANY STATE OR LOCAL GOVERNMENT FROM IMPOSING ANY
REQUIREMENTS OR STANDARDS WHICH ARE MORE STRINGENT THAN THOSE IMPOSED
UNDER THE PROVISIONS OF THIS SECTION.
(2) NO STATE OR LOCAL GOVERNMENT SHALL IMPOSE, WITH RESPECT TO WASTE
ORIGINATING IN ANY OTHER JURISDICTION, ANY REQUIREMENTS WITH RESPECT TO
TRANSPORT, STORAGE, OR FINAL DISPOSAL WHICH ARE MORE STRINGENT THAN THE
REQUIREMENTS APPLICABLE TO WASTE ORIGINIATING WITHIN THE AREAS OF ITS
OWN JURISDICTION OR WHICH DISCRIMINATE IN ANY OTHER WAY AGAINST WASTE
ORIGINATING WITHIN ANY OTHER JURISDICTION.
STATE PROGRAMS
SEC. 9. (A) GENERAL. -- WITHIN 18 MONTHS AFTER THE ISSUANCE OF FINAL
REGULATIONS UNDER SECTION 8 OF THIS ACE, AND IN ACCORDANCE WITH SUCH
REGULATIONS AND SUCH SECTION, EACH STATE SHALL DEVELOP A PROGRAM FOR THE
REGULATION AND ELIMINATION OF UNSAFE WASTE MANAGEMENT PRACTICES. SUCH
PROGRAM SHALL BE SUBMITTED TO THE ADMINISTRATOR FOR APPROVAL, AND UPON
APPROVAL SHALL GO INTO EFFECT. IF ANY STATE FAILS TO DEVELOP OR SUBMIT
SUCH A PROGRAM TO THE ADMINISTRATOR, OR IT IT FAILS, WITHIN A REASONABLE
TIME, TO MAKE SUCH REVISIONS IN THE PROGRAM DEVELOPED AND SUBMITTED AS
THE ADMINISTRATOR DETERMINES TO BE NECESSARY, THE ADMINISTRATOR SHALL
ISSUE REGULATIONS ESTABLISHING AN INTERIM PROGRAM FOR SUCH STATE.
THE NEED FOR A NATIONAL MATERIALS POLICY
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NINETY DAYS THEREAFTER SUCH INTERIM PROGRAM SHALL GO INTO EFFECT IN
SUCH STATE, EXCEPT THAT THE ADMINISTRATOR MAY EXTEND SUCH EFFECTIVE DATE
FOR CAUSE. IF THE ADMINISTRATOR DETERMINES, FOLLOWING HIS APPROVAL OF A
STATE PROGRAM, THAT REVISIONS OR CORRECTIONS THEREIN ARE NEEDED TO
COMPLY WITH ADDITIONS TO OR REVISIONS IN FEDERAL PROGRAM STANDARDS, OR
THAT SUCH PROGRAM IS NOT BEING ADEQUATELY ADMINISTERED OR ENFORCED, HE
SHALL NOTIFY THE AFFECTED STATE AND REQUEST CORRECTIVE ACTION WITHIN A
REASONABLE TIME CERTAIN. IF SUCH CORRECTIVE ACTION IS NOT TAKEN TIMELY,
THE ADMINISTRATOR'S AUTHORIZED TO WITHDRAW HIS PRIOR APPROVAL OF SUCH
PROGRAM AND PROCEED AS IF SUCH STATE HAD FAILED TO SUBMIT A PROGRAM FOR
APPROVAL. IF, AT ANY TIME AFTER AN INTERIM PROGRAM IS ESTABLISHED OR IN
EFFECT I A STATE, THE ADMINISTRATOR MAKES A DETERMINATION SUCH STATE HAS
DEVELOPED AND SUBMITTED TO HIM AN ADEQUATE PROGRAM, INCLUDING ANY
REVISION DETERMINED BY HIM TO BE NECESSARY AND ANY REQUESTED CORRECTIVE
ACTION, THE ADMINISTRATOR SHALL AUTHORIZE SUCH STATE PROGRAM TO GO INTO
EFFECT AND THE INTERIM PROGRAM TO CEASE TO BE IN EFFECT ON THE EARLIEST
FEASIBLE DESIGNATED DATE.
(B) REVIEW. -- (1) THE ADMINISTRATOR SHALL PERIODICALLY, BUT NOT LESS
THAN ONCE EVERY 3 YEARS, REVIEW EACH STATE PROGRAM WHICH HAS BEEN
APPROVED UNDER THIS SECTION TO DETERMINE WHETHER IT REMAINS IN
ACCORDANCE WITH APPLICABLLE REGULATIONS AND REQUIREMENTS AND TO EVALUATE
ITS EFFECTIVENESS.
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(2) THE ADMINISTRATOR SHALL REPORT TO THE CONGRESS AND THE PRESIDENT
SIMULTANEOUSLY EACH YEAR THE RESULTS OF EACH REVIEW CONDUCTED UNDER THIS
SUBSECTION, INCLUDING ANY RECOMMENDATIONS FOR ADDITIONAL FEDERAL
ACTIVITY OR LEGISLATION.
(C) ASSISTANCE. -- (1) THE ADMINISTRATOR SHALL FROM TIME TO TIME
RENDER FINANCIAL AND OTHER ASSISTANCE TO THE SEVERAL STATES FOR THE
PURPOSE OF ASSISTING SUCH STATES TO DEVELOP, IMPLEMENT, AND ENFORCE
STATE PROGRAMS FOR THE REGULATION AND ELIMINATION OF UNSAFE WASTE
MANAGEMENT PRACTICES. SUCH ASSISTANCE SHALL BE RENDERED ON THE BASIS OF
THE STATE'S POPULATION AND THE EXTENT TO WHICH IT HAS UNIQUE WASTE
MANAGEMENT PROBLEMS WHICH REQUIRE SPECIAL ATTENTION: PROVIDED, THAT NO
SUCH PAYMENT SHALL BE GREATER THAN 75 PER CENTUM OF THE TOTAL COST OF
DEVELOPING, IMPLEMENTING, AND ENFORCING SUCH PROGRAM.
(2) THE ADMINISTRATOR IS AUTHORIZED TO TERMINATE ANY ASSISTANCE UNDER
THIS ACT TO ANY STATE UPON A DETERMINATION THAT SUCH STATE IS NOT
MEETING THE REQUIREMENTS OF THIS SECTION AND THAT THERE IS NO REASONABLE
BASIS FOR SUCH NONCOMPLIANCE.
COMPREHENSIVE STATE PLANS
SEC. 10. (A) GUIDELINES. -- THE ADMINISTRATOR SHALL CONSULT WITH
REGIONAL, STATE, AND LOCAL GOVERNMENT AGENCIES AND OTHER FEDERAL
AGENCIES CONCERNED WITH WASTE MANAGEMENT, RESOURCE RECOVERY,
CONSERVATION OF NATURAL RESOURCES, ENERGY PRODUCTION, AND HUMAN HEALTH
AND THE ENVIRONMENT FOR THE PURPOSE OF DEVELOPING APPROPRIATE AND
PRACTICAL GUIDELINES FOR WASTE MANAGEMENT AND RESOURCE RECOVERY SYSTEMS
(INCLUDING SYSTEMS FOR PRIVATE USE).
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AS SOON AS PRACTICABLE AFTER THE DATE OF ENACTMENT OF THIS ACT, THE
ADMINISTRATOR SHALL PUBLISH SUCH GUIDELINES IN PRELIMINARY FORM IN THE
FEDERAL REGISTER TOGETHER WITH AN EXPLANATION THEREOF AND REASONS
THEREFOR, AND HE SHALL INVITE INTERESTED PERSONS TO COMMENT THEREON IN
WRITING AND, AT HIS DISCRETION, IN PUBLIC HEARING. NOT LATER THAN 18
MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL
PROMULGATE FINAL GUIDELINES, WHICH SHALL BE CONSISTENT WITH STANDARDS
ESTABLIHSED UNDER SECTION 8 OF THIS ACT AND OTHER APPLICABLE LAWS AND
REGULATIONS, TO PROMOTE THE CONSERVATION AND RECOVERY OF THE NATURAL,
ECONOMIC, AND ENERGY RESOURCES OF THE NATION TO THE MAXIMUM EXTENT
FEASIBLE. SUCH GUIDELINES SHALL LEAVE TO THE STATES MAXIMUM FLEXIBILITY
AS TO THE MEANS FOR MEETING THE OBJECTIVE OF THE PRECEDING SENTENCE.
SUCH GUIDELINES MAY BE AMENDED AT ANY TIME, BY MODIFICATION, ADDITION,
OR DELETION AT THE DISCRETION OF THE ADMINISTRATOR.
(B) STATE PLAN. -- WITHIN 4 YEARS AFTER THE DATE OF ENACTMENT OF
THIS ACT, EACH STATE SHALL PREPARE A COORDINATED AND COMPREHENSIVE WASTE
MANAGEMENT AND RESOURCE AND ENERGY RECOVERY PLAN, IN COOPERATION WITH
THE ADMINISTRATOR AND IN ACCORDANCE WITH THE FINAL GUIDELINES
PROMULGATED UNDER SUBSECTION (A) OF THIS SECTION.
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EACH SUCH STATE PLAN SHALL INCLUDE
(1) A COMPLETE INVENTORY AND DETAILED DESCRIPTION OF ALL EXISTING
WASTE MANAGEMENT SYSTEMS AND PARTS THEREOF AND, WITH RESPECT TO WASTE,
ALL EXISTING TREATMENT, DISPOSAL, RESOURCE RECOVERY, AND ENERGY RECOVERY
SITES AND FACILITIES IN THE STATE, AND AN INVENTORY AND DESCRIPTION OF
ANY DEFICIENCIES THEREIN WITH RESPECT TO THE STATE'S CURRENT AND
SHORT-RANGE FUTURE NEEDS. SUCH INVENTORY AND DESCRIPTION SHALL INCLUDE
(A) ALL FRANCHISES FOR COLLECTION OR OTHER WASTE MANAGEMENT OPERATIONS
GRANTED BY ANY AGENCY OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS
INCLUDING, WITH RESPECT TO THE HOLDER THEREOF, HIS NAME, ADDRESS, AND
TELEPHONE NUMBER, THE AREA COVERED BY AND A DESCRIPTION OF HIS
OPERATIONS, AND A SUMMARY OF HIS QUALIFICATIONS TO HOLD SUCH FRANCHISE;
(B) ALL WASTE MANAGEMENT SYSTEMS, SITES, AND FACILITIES OPERATED BY THE
STATE, ANY OF ITS POLITICAL SUBDIVISIONS, AND ANY PERSON OTHEF THAN A
FRANCHISE HOLDER, INCLUDING, WITH RESPECT TO THE OPERATOR THEREOF, NAME,
ADDRESS, AND TELEPHONE NUMBER, THE AREA COVERED BY AND A DESCRIPTION OF
THE OPERATIONS, AND A SUMMARY OF QUALIFICATIONS TO PERFORM SUCH
OPERATIONS; (C) THE POPULATION DENSITY AND CHARACTERISTICS OF EACH AREA
SERVICED BY EACH FRANCHISE HOLDER AND EACH GOVERNMENT OR OTHER OPERATOR;
AND (D) THE ESTIMATED WASTE MANAGEMENT AND RESOURCE AND ENERGY RECOVERY
NEEDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS FOR THE NEXT 6 YEARS.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(2) THE STATE'S ESTIMATED LONG-RANGE FUTURE NEEDS FOR WASTE
MANAGEMENT AND RESOURCE AND ENERGY RECOVERY FACILITIES OVER THE COURSE
OF THE NEXT 20 YEARS;
(3) A PROSPECTUS, INCLUDING TARGET DEADLINES FOR COMPLETION, FOR THE
ORDERLY DEVELOPMENT OF PUBLIC AND PRIVATE WASTE MANAGEMENT SYSTEMS AND
RESOURCE AND ENERGY RECOVERY FACILITIES IN THE STATE SUFFICIENT TO MEET
SUCH ESTIMATED LONG-RANGE FUTURE NEEDS, SHORT-RANGE FUTURE NEEDS, AND
PRESENT DEFICIENCIES. SUCH PROSPECTUS SHALL DETAIL THE MEANS BY WHICH
THE STATE REASONABLY EXPECTS TO MAINTAIN THE MINIMUM STANDARDS FOR THE
REGULATION AND ELIMINATION OF UNSAFE WASTE MANAGEMENT PRACTICES PURSUANT
TO SECTIONS 8 AND 9 OF THIS ACT CONSISTENT WITH OTHER APPLICABLE LAWS
AND REGULATIONS. SUCH PROSPECTUS SHALL ALSO SET FORTH A CONSTRUCTION
AND CAPITAL ACQUISITION PROGRAM FOR THE STATE FOR THE NEXT 6 YEARS FOR
WASTE MANAGEMENT SYSTEMS AND RESOURCE AND ENERGY RECOVERY FACILITIES,
BASED UPON POPULATION-GROWTH PROJECTIONS, THE AVAILABILITY OF PUBLIC AND
PRIVATE CAPITAL, AND OTHER RELEVANT FACTORS; AND
(4) A METHOD AND PRACTICABLE MEANS FOR SECURING ADEQUATE PUBLIC AND
PRIVATE FINANCING TO IMPLEMENT THE STATE PLAN BOTH AS TO CAPITAL COSTS
AND OPERATIONAL EXPENDITURES.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(C) SUBMISSION OF PLANS. -- EACH COMPREHENSIVE STATE WASTE MANAGEMENT
AND RESOURCE AND ENERGY RECOVERY PLAN SHALL BE SUBMITTED TO THE
ADMINISTRATOR FOR REVIEW AND APPROVAL AS TO ITS COMPLIANCE WITH THE
GUIDELINES AND OTHER REQUIREMENTS OF THIS SECTION. THE ADMINISTRATOR
MAY RECOMMEND REVISIONS ESSENTIAL TO THE ACHIEVEMENT OF EFFECTIVE WASTE
MANAGEMENT AND RESOURCE AND ENERGY RECOVERY.
(D) MAINTENANCE OF PLANS. -- EACH STATE PLAN PREPARED IN ACCORDANCE
WITH THIS SECTION SHALL BE KEPT UP TO DATE AND REVIEWED AND REVISED
PERIODICALLY, NOT LESS THAN ONCE EVERY 3 YEARS. UPON EACH SUCH REVIEW,
EACH STATE PLAN SHALL BE EXTENDED TO SHOW LONG-RANGE NEEDS, PROPOSALS,
AND MEANS FOR THE SUCCEEDING 20 YEARS, AND REVISED NEEDS AND
CONSTRUCTION AND CAPITAL ACQUISITION PROGRAMS FOR THE SUCCEEDING 6
YEARS. EACH REVISED STATE PLAN SHALL BE SUBMITTED TO THE ADMINISTRATOR
IN THE SAME MANNER AS AN ORIGINAL PLAN UNDER SUBSECTION (C) OF THIS
SECTION.
(C) ASSISTANCE. -- (1) THE ADMINISTRATOR SHALL PROVIDE TO THE STATES
SUCH FINANCIAL AND OTHER ASSISTANCE AS IS NECESSARY OR APPROPRIATE FOR
THE PREPARATION REVIEW, AND REVISION OF THE STATE PLANS REQUIRED BY THIS
SECTION.
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(2) THE ADMINISTRATOR IS AUTHORIZED TO TERMINATE ANY ASSISTANCE UNDER
THIS ACT TO ANY STATE UPON A DETERMINATION THAT SUCH STATE HAS FAILED TO
COMPLY WITH THE GUIDELINES AND OTHER REQUIREMENTS OF THIS SECTION AND
THAT THERE IS NO REASONABLE BASIS FOR SUCH NONCOMPLIANCE.
COOPERATIVE AND JOINT ACTIVITIES
SEC. 11. THE ADMINSTRATOR SHALL
(A) ENCOURAGE COOPERATIVE AND JOINT ACTIVITIES AMONG AND BETWEEN
VARIOUS STATES AND VARIOUS POLITICAL SUBDIVISIONS WITHIN THE STATES WITH
RESPECT TO HAZARDOUS WASTE MANAGEMENT; REGULATION AND ELIMINATION OF
UNSAFE WASTE MANAGEMENT PRACTICES; RESEARCH AND DEVELOPMENT;
IMPLEMENTATION OF IMPROVED METHODS AND ECONOMICS; RECOVERY OF RESOURCES
FROM WASTE; CONVERSION OF WASTE INTO ENERGY; PLANNING; AND OTHER
ASPECTS OF WASTE MANAGEMENT, INCLUDING THE DEVELOPMENT, SUBMISSION, AND
IMPLEMENTATION OF PROGRAMS FOR THE REGULATION .ND ELIMINATION OF UNSAFE
WASTE MANAGEMENT PRACTICES UNDER SECTION 9 OF THIS ACT AND OF
COMPREHENSIVE STATE PLANS UNDER SECTION 10 OF THIS ACT, AND THE
ESTABLISHMENT OF REGIONAL AUTHORITIES WHENEVER POSSIBLE TO IMPROVE THE
EFFICIENCY AND QUALITY OF WASTE MANAGEMENT PRACTICES;
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(B) GIVE PREFERENCE UNDER THIS ACT, WITH RESPECT TO EQUALLY DESERVING
AND ELIGIBLE APPLICATIONS FOR FINANCIAL OR OTHER ASSISTANCE, TO SUCH
APPLICATIONS AS ARE SUBMITTED BY REGIONAL AUTHORITIES OR WHICH INVOLVE
OR ARE BASED ON COOPERATIVE OR JOINT ACTIVITIES OR EFFORTS AMONG AND
BETWEEN STATES AND/OR POLITICAL SUBDIVISIONS THEREOF; AND
(C) PARTICIPATE IN THE DEVELOPMENT OF AND ENCOURAGE THE ENACTMENT OR
ISSUANCE OF MORE UNIFORM STATUTES AND REGULATIONS GOVERNING WASTE
MANAGEMENT.
RECOVERY DEMONSTRATIONS AND OTHER ASSISTANCE
SEC. 12. (A) GENERAL. -- THE ADMINISTRATOR, ALONE OR AFTER
CONSULTATION WITH THE SECRETARY OF COMMERCE, THE SECRETARY OF HOUSING
AND URBAN DEVELOPMENT, THE ADMINISTRATORS OF FEDERAL ENERGY PROGRAMS,
AND THE ADMINISTRATOR OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION, SHALL CONDUCT, ENCOURAGE, COOPERATE WITH, AND GIVE
FINANCIAL AND OTHER ASSISTANCE (INCLUDING LOAN-GUARANTEE ASSISTANCE AS
AUTHORIZED BY AND SUBJECT TO THE CONDITIONS OF SECTION 13 OF THIS ACT)
TO APPROPRIATE PERSONS IN THE CONDUCT OF PROGRAMS, PROJECTS, RESEARCH
PROJECTS, DEMONSTRATIONS, AND INVESTIGATIONS RELATING TO THE PRODUCTION
OF USABLE FORMS OF ENERGY FROM WASTE AND TO NEW OR IMPROVED SYSTEMS OF
WASTE MANAGEMENT, WITH PARTICULAR EMPHASIS ON METHODS OF RECOVERING
RESOURCES AND ENERGY IN USABLE FORMS FROM WASTE AND ENVIRONMENTALLY
BENIGN METHODS FOR DISPOSAL OF RESIDUAL WASTE FOLLOWING RECOVERY, AND
SYSTEMS INTEGRATING RECOVERY METHODS WITH OTHER FORMS OF WASTE
MANAGEMENT.
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(B) PILOT PLANTS AND DEMONSTRATIONS. -- TO THE EXTENT PRACTICABLE AND
AT THE EARLIEST FEASIBLE DATE, THE ADMINSTRATOR SHALL (1) ASSIST, AT THE
CULMINATION OF ANY SUCCESSFUL RECOVERY RESEARCH PROJECTS, THE
CONSTRUCTION OF PILOT-PLANT FACILITIES FOR THE PURPOSE OF INVESTIGATING
OR TESTING THE TECHNOLOGICAL FEASIBILITY OF ANY PROMISING NEW ENERGY OR
RESOURCE RECOVERY METHOD OR TECHNOLOCY; AND (2) DEMONSTRATE EACH SUCH
METHOD AND TECHNOLOGY WHICH IS EVALUATED AFFIRMATIVELY AT SUCH
PILOT-PLANT STAGE. EAC SUCH DEMONSTRATION SHALL INCORPORATE NEW OR
INNOVATIVE TECHNICAL ADVANCES OR SHALL APPLY SUCH ADVANCES TO DIFFERENT
CIRCUMSTANCES AND CONDITIONS, FOR THE PURPOSE OF EVALUATING DESIGN
CONCEPTS OR TO TEST THE PERFORMANCE EFFICIENCY AND ECONOMIC FEASIBILITY
OF A PARTICULAR METHOD OR TECHNOLOGY UNDER ACTUAL OPERATIONAL
CONDITIONS. EACH SUCH DEMONSTRATION SHALL BE SO PLANNED AND DESIGNED
THAT, IF SUCCESSFUL, IT CAN BE EXPANDED OR UTILIZED DIRECTLY AS A
FULL-SCALE OPERATIONAL ENERGY OR RESOURCE RECOVERY FACILITY.
(C) REPORTS. -- THE ADMINISTRATOR SHALL REPORT THE RESULTS OF
STUDIES, INVESTIGATIONS, AND DEMONSTRATIONS UNDER THIS SECTION TO THE
CONGRESS AND THE PRESIDENT ON AN ANNUAL BASIS.
(D) PROPRIETARY INFORMATION AND PATENTS. WHENEVER, UNDER THIS
SECTION OR OTHER PROVISION OF THIS ACT, THE ADMINISTRATOR ENTERS INTO
ANY CONTRACT OR OTHER AGREEMENT UNDER WHICH ANY PARTY THERETO WILL
RECEIVE ANY FEDERAL FINANCIAL ASSISTANCE, SUCH AGREEMENT SHALL PROVIDE
THAT, AS A CONDITION OF RECEIVING SUCH ASSISTANCE, ALL PROCESSES,
PATENTS, AND OTHER INFORMATION (WHETHER PATENTED OR UNPATENTED, IN THE
FORM OF TRADE SECRETS, KNOL-HOW, PROPIRETARY INFORMATION, OR OTHERWISE),
WHICH RESULT IN WHOLE OR IN SUBSTANTIAL PART, DIRECTLY OR INDIRECTLY,
FROM THE UTILIZATION OF SUCH ASSISTANCE, SHALL BE MADE AVAILABLE TO THE
GENERAL PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBSECTION.
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ALL SUCH INFORMATION SHALL BE MADE AVAILABLE BY ANY RECIPIENT OF SUCH
ASSISTANCE OR ANY SUCCESSOR TO SUCH RECIPIENT TO ANY QUALIFIED
APPLICANT, ON REASONABLE AND NONDISCRIMINATORY LICENSE TERMS AS APPROVED
BY THE ADMINISTRATOR, PURSUANT TO SECTION 553 OF TITLE 5, UNITED STATES
CODE, AT SUCH TIME AS THE STAGE OF COMMERCIAL APPLICATION, AS DETERMINED
BY THE ADMINISTRATOR HAS BEEN REACHED: PROVIDED, THAT IF SUCH
INFORMATION RESULTS COMPLETELY FROM FEDERAL FINANCIAL ASSISTANCE, SUCH
AGREEMENT MAY, AT THE DISCRETION OF THE ADMINISTRATOR, REQUIRE THAT SUCH
INFORMATION BECOME THE PROPERTY OF THE UNITED STATES AND BE DEDICATED TO
UNRESTRICTED PUBLIC USE. IF ANY PARTY HOLDS BACKGROUND PATENTS, TRADE
SECRETS, KNOW-HOW, PROPRIETARY INFORMATION, OR OTHER INFORMATION
(HEREINAFTER REFERRED TO AS "BACKGROUND INFORMATION") WICH WILL BE
EMPLOYED IN THE PROPOSED PROJECT OR UNDERTAKING RESULTING, IN WHOLE OR
SUBSTANTIAL PART, DIRECTLY OR INDIRECTLY, FROM FEDERAL FINANCIAL
ASSISTANCE UNDER THIS ACT, SUCH AGREEMENT SHALL FURTHER PROVIDE THAT
SUCH BACKGROUND INFORMATION SHALL ALSO BE MADE AVAILABLE IN THE SAME
MANNER TO ANY QUALIFIED APPLICANT.
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LICENSE TERMS SHALL TAKE INTO ACCOUNT THE EXTENT TO WHICH THE
COMMERCIAL VIABILITY OF THE TOTAL PROCESS OR SYSTEM WAS ACHIEVED WITH
FEDERAL FINANCIAL ASSISTANCE, TE NATURE OF SUCH ASSISTANCE, AND THE
REASONABLE INTERESTS OF THE PARTIES AND THE PUBLIC. IN CONSIDERING
LICENSE TERMS FOR APPROVAL, THE ADMINISTRATOR SHALL DULY EVALUATE THE
EFFECTS OF SUCH TERMS ON COMPETITION WITHIN THE UNITED STATES.
LOAN GUARANTEES
SEC. 13. (A) GENERAL. -- THE ADMINISTRATOR IS AUTHORIZED, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND SUCH RULES AND
REGULATIONS AS HE SHALL PRESCRIBE, TO GUARANTEE AND TO MAKE COMMITMENTS
TO GUARANTEE THE PAYMENT OF INTEREST ON, AND THE PRINCIPAL BALANCE OF, A
LOAN OR OTHER OBLIGATION INCURRED BY ANY STATE, REGIONAL, OR LOCAL
GOVERNMENT AGENCY, OR ANY OTHER INSTITUTION, ORGANIZATION, CORPORATION,
PARTNERSHIP, OR INDIVIDUAL FOR THE PURPOSE OF FINANCING (1) CONSTRUCTION
OF FULL-SCALE OPERATIONAL FACILITIES FOR ENERGY RECOVERY, RESOURCE
RECOVERY, OR WASTE MANAGEMENT OR (2) DEMONSTRATION OF ENERGY RECOVERY,
RESOURCE RECOVERY OR WASTE MANAGEMENT SYSTEMS UNDER SECTION 12 OF THIS
ACT: PROVIDED, THAT THE OUTSTANDING INDEBTEDNESS GUARANTEED UNDER THIS
ACT SHALL AT NO TIME EXCEED $825,000,000: AND PROVIDED FURTHER, THAT NO
GUARANTEE OR COMMITMENT TO GUARANTEE SHALL BE UNDERTAKEN UNDER THIS ACT
AFTER JUNE 30, 1977.
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EACH APPLICATION FOR SUCH A GUARANTEE SHALL BE MADE IN WRITING TO THE
ADMINISTRATOR IN SUCH FORM AND WITH SUCH CONTENT AND OTHER SUBMISSIONS
AS THE ADMINISTRATOR SHALL PRESCRIBE TO REASONABLY PROTECT THE INTERESTS
OF THE UNITED STATES. EACH GUARANTEE AND COMMITMENT TO GUARANTEE SHALL
BE EXTENDED IN SUCH FORM, UNDER SUCH TERMS AND CONDITIONS, AND PURSUANT
TO SUCH REGULATIONS AS THE ADMINISTRATOR DEEMS APPROPRIATE. EACH
GUARANTEE AND COMMITMENT TO GUARANTEE SHALL INURE TO THE BENEFIT OF THE
HOLDER OF THE O0LIGATION TO WHICH SUCH GUARANTEE OR COMMITMENT APPLIES.
THE ADMINISTRATOR IS AUTHORIZED TO APPROVE ANY MODIFICATION OF ANY
PROVISION OF A GUARANTEE OR A COMMITMENT TO GUARANTEE SUCH AN
OBLIGATION, INCLUDING THE RATE OF INTEREST, TIME OF PAYMENT OF INTEREST
OR PRINCIPAL, SECURITY, OR ANY OTHER TERMS OR CONDITIONS, UPON A FINDING
BY THE ADMINISTRATOR THAT SUCH MODIFICATION IS EQUITABLE, NOT
PREJUDICIAL TO THE INTERESTS OF THE UNITED STATES, AND HAS BEEN
CONSENTED TO BY THE HOLDER OF SUCH OBLIGATION.
(B) CRITERIA. -- THE ADMINISTRATOR SHALL GUARANTEE OR MAKE A
COMMITMENT TO GUARANTEE UNDER SUBSECTION (A) OF THIS SECTION, WITH
RESPECT TO A FACILITY, ONLY IF
(1) SUCH FACILITY WILL BE CONSTRUCTED, OPERATED AND MAINTAINED IN
ACCORDANCE WITH ANY APPLICABLE APPROVED PROGRAM, IN ACCORDANCE WITH
SECTION 9 OF THIS ACT, AND ANY APPLICABLE APPROVED COMPREHENSIVE STATE
PLAN, IN ACCORDANCE WITH SECTION 10 OF THIS ACT.
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(2) SUCH FACILITY WILL BE CONSTRUCTED, OPERATED, AND MAINTAINED IN
ACCORDANCE WITH ANY APPLICABLE STANDARDS OR REGULATIONS DULY ISSUED BY
THE ADMINISTRATOR;
(3) SUCH FACILITY SHALL BE CAPABLE OF PERFORMING ITS INTENDED
FUNCTION IN THE MOST EFFICIENT MANNER PRACTICABLE; AND
(4) NO OTHER MEANS OF FINANCING OR REFINANCING SUCH FACILITY IS
REASONABLY AVAILABLE TO THE APPLICANT.
(C) CHARGES. -- (1) THE ADMINISTRATOR SHALL CHARGE AND COLLECT SUCH
AMOUNTS AS HE MAY DEEM REASONABLE FOR THE INVESTIGATION OF APPLICATIONS
FOR A GUARANTEE, FOR THE APPRAISBAL OF PROPERTIES OFFERED AS SECURITY
FOR A GUARANTEE, AND FOR THE ISSUANCE OF COMMITMENTS TO GUARANTEE.
(2) THE ADMINSTRATOR SHALL COLLECT SUCH REASONABLE FEES AND CHARGES
AS HE SHALL DETERMINE FOR A LOAN OR OTHER OBLIGATION GUARANTEED UNDER
THIS SECTION.
(D) VALIDITY. -- NO GUARANTEE OR COMMITMENT TO GUARANTEE AN
OBLIGATION ENTERED INTO BY THE ADMINISTRATOR SHALL BE TERMINATED,
CANCELED, OR OTHERWIDE REVOKED, EXCEPT IN ACCORDANCE WITH REASONABLE
TERMS AND CONDITIONS PRESCRIBED BY THE ADMINISTRATOR.
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SUCH A GUARANTEE OR COMMITMENT TO GUARANTEE SHALL BE CONCLUSIVE
EVIDENCE THAT THE UNDERLYING OBLIGATION IS IN COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION AND THAT SUCH OBLIGATION HAS BEEN APPROVED
AND IS LEGAL AS TO PRINCIPAL, INTEREST, AND OTHER TERMS. SUCH A
GUARANTEE OR COMMITMENT SHALL BE VALID AND INCONTESTABLE IN THE HANDS OF
A HOLDER AS OF THE DATE WHEN THE ADMINISTRATOR ENTERED INTO THE CONTRACT
OF GUARANTEE OR COMMITMENT TO GUARANTEE, EXCEPT AS TO FRAUD, DURESS,
MUTAL MISTAKE OF FACT, OR MATERIAL MISREPRESENTATION BY OR INVOLVING
SUCH HOLDER.
(E) DEFAULT. -- (1) IF THERE IS A DEFAULT BY THE OBLIGOR IN ANY
PAYMENT OF INTEREST OR PRINCIPAL DUE UNDER AN OBLIGATION GUARANTEED BY
THE ADMINISTRATOR UNDER THIS SECTION AND SUCH DEFAULT HAS CONTINUED FOR
60 DAYS, THE HOLDER OF SUC OBLIGATION OR HIS AGENTS HAVE THE RIGHT TO
DEAND PAYMENT OF SUCH UNPAID AMOUNT FORM THE ADMINISTRATOR. WITHIN SUCH
PERIOD AS MAY 8E SPECIFIED IN THE GUARANTEE OR RELATED AGREEMENTS, BUT
NOT LATER THAN 45 DAYS FROM THE DATE OF SUCH DEMAND, THE ADMINISTRATOR
SHALL PROMPTLY PAY TO THE OBLIGEE OR HIS AGENT THE UNPAID INTEREST ON
AND UNPAID PRINCIPAL OF THE OBLIGATION GUARANTEED BY THE ADMINISTRATOR
AS TO WHICH THE OBLIGOR HAS DEFAULTED, UNLESS THE ADMINISTRATOR FINDS
THAT THERE WAS NO DEFAULT BY THE OBLIGOR IN THE PAYMENT OF INTEREST OR
PRINCIPAL OR THAT SUCH DEFAULT HAS BEEN REMEDIED.
(2) IF THE ADMINISTRATOR MAKES A PAYMENT UNDER PARAGRAPH (1) OF THIS
SUBSECTION, HE SHALL HAVE ALL RIGHTS SPECIFIED IN THE GUARANTEE OR
RELATED AGREEMENTS WITH RESPECT TO ANY SECURITY WHICH HE HELD WITH
RESPECT TO THE GUARANTEE OF SUCH OBLIGATION, INCLUDING, BUT NOT LIMITED
TO, THE AUTHORITY TO COMPLETE, MAINTAIN, OPERATE, LEASE, SELL, OR
OTHERWISE DISPOSE OF ANY PROPERTY ACQUIRED PURSUANT TO SUCH GUARANTEE OR
RELATED AGREEMENTS.
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(3) IF THERE IS A DEFAULT UNDER ANY GUARANTEE OR COMMITMENT TO
GUARANTEE AN OBLIGATION, THE ADMINISTRATOR SHALL NOTIFY THE ATTORNEY
GENERAL. UPON SUCH NOTIFICATION, THE ATTORNEY GENERAL SHALL TAKE SUCH
ACTION AGAINST TE OBLIGOR OR ANY OTHER PARTIES LIABLE THEREUNDER AS IS,
IN HIS DISCRETION, NECESSARY TO PROTECT THE INTERESTS OF THE UNITED
STATES. THE HOLDER OF SUCH OBLIGATION SHALL MAKE AVAILABLE TO THE
UNITED STATES ALL RECORDS AND EVIDENCE NECESSARY TO PROSECUTE ANY SUCH
SUIT.
GRANTS.
SEC. 14. (A) GENERAL. -- THE ADMINISTRATOR IS AUTHORIZED, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, TO
(1) MAKE GRANTS TO A REGIONAL AUTORITY, STATE OR LOCAL GOVERNMENT
AGENCY, OR ANY OTHER PERSON FOR THE CONSTRUCTION OF ENERGY RECOVERY,
RESOURCE RECOVERY, OR WASTE DISPOSAL AND TREATMENT SITES AND FACILITIES,
IN ACCORDANCE WITH THE FINDINGS REQUIRED PURSUANT TO SUBSECTION (B) OF
THIS SECTION.
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(2) MAKE GRANTS TO A REGIONAL AUTHORITY, STATE OR LOCAL GOVERNMENT
AGENCY, OR ANY OTHER PERSON FOR THE PURPOSE OF WASTE MANAGEMENT
(INCLUDING RESOURCE AND ENERGY RECOVERY) OPERATION AND MAINTENANCE, IN
ACCORDANCE WITH THE FINDINGS REQUIRED PURSUANT TO SUBSECTION (C) OF THIS
SECTION;
(3) MAKE GRANTS TO, AND CONTRACTS WITH, A REGIONAL
AUTHORITY, STATE OR LOCAL GOVERNMENT AGENCY, OR ANY OTER
PERSON FOR THE PURPOSE OF DEVELOPING, EXPANDING, OR
OTHERWISE CARRYING OUT PROGRAMS DESIGNED TO TRAIN
INDIVIDUALS FOR OCCUPATIONS RELATING TO ENERGY AND RESOURCE
RECOVERY, COLLECTION, TRANSPORT, STORAGE, TREATMENT, OR
FINAL DISPOSAL OF WASTE; OR THE ADMINISTRATION OF
PROGRAMS OF WASTE MANAGEMENT.
(B) CONSTRUCTION GRANTS. -- A GRANT SHALL BE MADE PURSUANT TO
SUBSECTION (A)(1) OF THIS SECTION ONLY UPON A FINDING THAT THE PROPOSED
SITE OR FACILITY
(1) WILL BE CONSTRUCTED, OPERATED, AND MAINTAINED IN ACCORDANCE WITH
(A) ANY APPLICABLE APPROVED STATE PROGRAM, IN ACCORDANCE WITH SECTION 9
OF THIS ACT; (B) ANY APPLICABLE APPROVED COMPREHENSIVE STATE PLAN, IN
ACCORDANCE WITH SECTION 10 OF THIS ACT; (C) ANY APPLICABLE STANDARDS
DULY PROMULGATED BY THE ADMINISTRATOR; AND (D) ANY APPLICABLE
PROVISIONS OF OTHER FEDERAL, STATE, AND LOCAL LAW.
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(2) WILL BE USED TO DISPOSE OF, TO RECOVER RESOURCES OR ENERGY FROM,
OR TO TREAT WASTE COLLECTED FROM OR FURNISHED BY THE PUBLIC OR GENERATED
AS A BYPRODUCT OF ANY INDUSTRIAL, AGRICULTURAL, OR COMMERCIAL OPERATION;
(3) CANNOT REASONABLY BE FINANCED THROUGH ANY OTHER AVAILABLE MEANS
INCLUDING LOAN GUARANTEES EXTENDED UNDER SECTION 13 OF THIS ACT;
(4) IS LIKELY, BY COMPARISON WITH EXISTING SITES OR
FACILITIES IN THE SAME AREA, TO REDUCE TO THE MAXIMUM
EXTENT FEASIBLE THE PROJECTED ECONOMIC AND SOCIAL COSTS
OF WASTE MANAGEMENT OR RESOURCE OR ENERGY RECOVERY
DURING THE PERIOD THAT IT IS EXPECTED TO CONTINUE IN
OPERATION; AND
(5) WILL FACILITATE COMPLIANCE WITH STANDARDS, PROMULGATED BY THE
ADMINISTRATOR UNDER THIS ACT, OR BY ANY STATE.
(C) OPERATION AND MAINTENANCE. -- A CRANT SHALL BE MADE PURSUANT TO
SUBSECTION (A)(2) OF THIS SECTION ONLY UPON A FINDING THAT
(1) THE WASTE MANAGEMENT PROGRAM WITH RESPECT TO WHICH SUCH GRANT IS
MADE (A) WILL FACILITATE COMPLIANCE BY THE APPLICANT WITH STANDARDS
PROMULGATED BY THE ADMINISTRATOR UNDER THIS ACT OR BY ANY STATE; (B)
WILL RESULT IN A SIGNIFICANT BENEFIT TO HUMAN HEALTH OR THE ENVIRONMENT;
(C) WILL BE CONDUCTED AND MAINTAINED IN THE MOST EFFICIENT PRACTICABLE
MANNER; AND (D) MAKES SEPARATE PROVISION FOR FINANCING ANY INCREASE IN
LABOR OR OTHER COSTS WHICH ARE UNRELATED TO THE IMPROVEMENT OF SUCH
PROGRAM; AND
(2) ANY SITE OR FACILITY WITH RESPECT TO WHICH SUCH GRANT IS MADE
WILL BE OPERATED AND MAINTAINED IN ACCORDANCE WITH (A) ANY APPLICABLE
APPROVED STATE PROGRAM, IN ACCORDANCE WITH SECTION 9 OF THIS ACT.
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(B) ANY APPLICABLE APPROVED COMPREHENSIVE STATE PLAN, IN ACCORDANCE
WITH SECTION 10 OF THIS ACT; (C) ANY APPLICABLE STANDARDS DULY
PROMULGATED BY THE ADMINISTRATOR; (D) ANY APPLICABLE PROVISIONS OF
OTHER FEDERAL, STATE, AND LOCAL LAW; AND (E) A REALISTIC PLAN FOR
ACHIEVING OPERATIONAL FINANCIAL SELF-SUFFICIENCY IN A LIMITED PERIOD OF
TIME.
(D) TERMS, PROCEDURES, AND CRITERIA. -- (1) THE AMOUNT OF THE FEDERAL
SHARE OF ANY GRANT UNDER THIS SECTION SHALL NOT EXCEED 75 PER CENTUM OF
THE TOTAL COST OF THE PROJECT OR UNDERTAKING FOR WHICH THE FINANCIAL
ASSISTANCE IS PROVIDED.
(2) EACH APPLICANT FOR A GRANT SHALL SUBMIT TO THE ADMINISTRATOR, AS
PART OF THE APPLICATION FOR FINANCIAL ASSISTANCE, SUCH PLANS,
SPECIFICATIONS, DATA, REPORTS, AND ANY OTHER INFORMATION AS IS DEEMED
NECESSARY OR APPROPRIATE BY THE ADMINISTRATOR.
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(3) BEFORE APPROVING ANY SUCH GRANT APPLICATION, THE ADMINISTRATOR
SHALL, IN ADDITION TO ANY OTHER NECESSARY FINDINGS, DETERMINE THAT THE
APPLICANT HAS MADE ADEQUATE PROVISION FOR PROPER AND EFFICIENT
IMPLEMENTATION OF THE PROJECT OR UNDERTAING FOR WHICH THE GRANT IS
SOUGHT, INCLUDING THE EMPLOYMENT OF QUALIFIED PERSONNEL. THE
ADMINISTRATOR SHALL ALSO CONSIDER THE EXTENT TO WHICH THE APPLICANT HAS
MADE A GOOD FAITH EFFORT, IN THE ABSENCE OF FEDERAL FINANCIAL
ASSISTANCE, TO IMPROVE ANY WASTE MANAGEMENT OR RELATED PROGRAMS SUBJECT
TO HIS CONTROL OR SUPERVISION AND THE EFFECTIVENESS OF SUCH EFFORTS. NO
GRANT SHALL BE APPROVED UNDER THIS SECTION IF THE ADMINISTRATOR FINDS
THAT A PARTY OTHER THAN THE APPLICANT WILL ACCOMPLISH THE PURPOSES
INTENDED TO BE ACCOMPLISHED BY THE PROJECT OR UNDERTAKING FOR WHICH THE
GRANT IS SOUGHT AS EFFECTIVELY AS THE APPLICANT AND WITHOUT (OR WITH
LESS) FEDERAL ASSISTANCE.
(4) FUNDS APPROPRIATED FOR THE PURPOSES OF THIS SECTION SHALL BE
EXPENDED IN THE MANNER MOST LIKELY TO MAXIMIZE THE BENEFIT TO HUMAN
HEALTH AND THE ENVIRONMENT AND TO MINIMIZE THE DEPLETION OF VIRGIN
NATURAL RESOURCES. THE ADMINISTRATOR SHALL ACT UPON EACH GRANT
APPLICTION AS SOON AS PRACTICABLE AFTER IT HAS BEEN SUBMITTED.
TECHNOLOGY TRANSFER
SEC. 15. THE ADMINISTRATOR SHALL ESTABLISH AND MAINTAIN A CENTRAL
REFERENCE LIBRARY FOR ACTUAL PERFORMANCE AND COST EFFECTIVENESS RECORDS
AND OTHER DATA AND INFORMATION WITH RESPECT TO THE VARIOUS METHODS OF
ENERGY AND RESOURCE RECOVERY FROM WASTE AND THE VARIOUS SYSTEMS AND
TECHNOLOGIES FOR COLLECTION, TRANSPORT, STORAGE, TREATMENT, AND FINAL
DISPOSAL OF WASTE, AND OTHER ASPECTS OF WASTE MANAGEMENT.
THE NEED FOR A NATIONAL MATERIALS POLICY
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SUCH INFORMATION SHALL BE MADE AVAILABLE TO STATE AND LOCAL
GOVERNMENTS AND OTHER PERSONS. THE ADMINISTRATOR SHALL ALSO IMPLEMENT A
PROGRAM FOR THE RAPID DISSEMINATION OF INFORMATION RELATING TO ALL SUCH
ASPECTS OF WASTE MANAGEMENT, INCLUDING THE RESULTS OF ANY RESEARCH,
DEVELOPMENTS, DEMONSTRATIONS, INVESTIGATIONS, EXPERIMENTS, SURVEYS,
STUDIES, OR OTHER INFORMATION WHICH MAY BE NECESSARY OR USEFUL TO STATE
AND LOCAL OFFICIALS AND SUCH OTHER PERSONS.
NATIONAL COMMISSION ON ENVIRONMENTAL COSTS
SEC. 16. (A) ESTABLISHMENT. -- THERE SHALL BE ESTABLISHED, 120 DAYS
AFTER THE DATE OF ENACTMENT OF THIS ACT, A NATIONAL COMMISSION ON
ENVIRONMENTAL COSTS.
(B) STRUCTURE. -- (1) THE COMMISSION SHALL CONSIST OF 12 MEMBERS, AS
FOLLOWS:
(A) THREE WHO SHALL BE APPOINTED BY THE MAJORITY LEADER OF THE SENATE
FROM MEMBERS OF THE SENATE, OF WHOM NOT MORE THAT TWO SHALL BE MEMBERS
OF THE SAME POLITICAL PARTY;
(B) THREE WHO SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES FROM MEMBERS OF THE HOUSE OF REPRESENTATIVES, OF WHOM
NOT MORE THAN TWO SHALL BE MEMBERS OF THE SAME POLITICAL PARTY.
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(C) THREE WHO SHALL BE APPOINTED BY THE PRESIDENT FROM THE PERSONNEL
OF FEDERAL AGENCIES; PROVIDED, THAT THE PRIMARY EMPLOYMENT ACTIVITY OF
EACH SUCH PERSON AT THE TIME OF APPOINTMENT IS THE PROTECTION OF
ENVIRONMENTAL QUALITY; AND
(D) THREE WHO SHALL BE APPOINTED BY THE PRESIDENT FROM LISTS OF
QUALIFIED INDIVIDUALS NOT EMPLOYED BY THE FEDERAL GOVERNMENT ON THE
BASIS OF THEIR SPECIAL TRAINING, EXPERIENCE, OR QUALIFICATIONS, OF WHOM
NOT MORE THAN TWO SHALL BE MEMBERS OF THE SAME POLITICAL PARTY.
(2) THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED FOR A TERM OF 3
YEARS, EXCEPT THAT ANY INDIVIDUAL APPOINTED TO FILL A VACANCY OCCURRING
PRIOR TO THE EXPIRATION OF THE TERM FOR WHICH HIS PREDECESSOR WAS
APPOINTED SHALL BE APPOINTED FOR THE REMAINDER OF SUCH TERM AND IN THE
SAME MANNER IN WHICH SUCH PREDECESSOR WAS APPOINTED.
(3) THE MEMBERS OF THE COMMISSION SHALL ELECT ONE OF THEIR NUMBERS TO
SERVE AS CHAIRMAN THEREOF.
(4) FOUR MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM AT ANY
MEETING FOR THE TRANSACTION OF ANY FUNCTION OF THE ASSOCIATION:
PROVIDED, THAT NOTICE IN WRITING OF THE DATE, TIME, AND LOCATION OF SUCH
MEETING WAS GIVEN OR SENT BY CERTIFIED MAIL TO EACH OF THE MEMBERS OF
THE COMMISSION 30 DAYS PRIOR TO THE DATE THEREOF.
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(C) DUTIES. -- IT SHALL BE THE DUTY OF THE COMMISSION TO
(1) CONDUCT A COMPREHENSIVE STUDY, INCLUDING FIELD TESTING AND
CONTROLLED EXPERIMENTATION TO THE EXTENT PRACTICA0LE, OF THE FEASIBILITY
AND EFFECTIVENESS OF ESTABLISHING A SYSTEM OF NATIONAL DISPOSAL COST
CHARGES. THE STUDY SHALL INCLUDE AN EVALUATION OF THE ACCURACY WITH
WHICH ACTUAL DISPOSAL COST, BY PRODUCT OR CLASS OF PRODUCTS, CAN BE
MEASURED;
(2) STUDY AND MAKE RECOMMENDATIONS AS TO THE BEST WAY TO ADMINISTER
SUCH A SYSTEM OF NATIONAL DISPOSAL COSTS CHARGES, INCLUDING THE LEVEL
AND AGENCY OR AGENCIES OF GOVERNMENT WHICH SHOULD HAVE MAJOR
RESPONSIBILITY THEREFOR AND THE EXTENT TO WHICH REFUNDS OR CREDITS
SHOULD BE AUTHORIZED OR MANDATED OF SUMS PAID OR AMOUNTS OTHERWISE DUE
FOR SUCH DISPOSAL CHARGES, INCLUDING, BUT NOT LIMITED TO, REFUNDS OR
CREDITS BASED ON THE AMOUNT, IF ANY, OF RECOVERED MATERIAL INCLUDED IN A
PRODUCT OR WITH RESPECT TO PRODUCTS WHICH WHEN UNWANTED OR DISCARDED ARE
NORMALLY SUBMITTED TO AND ACCEPTED BY A RESOURCE RECOVERY FACILITY OR
WITH RESPECT TO CONSUMERS WHOSE WASTE IS SUBMITTED TO AND ACCEPTED BY A
RESOURCE RECOVERY FACILITY.
THE NEED FOR A NATIONAL MATERIALS POLICY
OPENING STATEMENT OF DOMENICI PV
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(3) STUDY AND MAKE ESTIMATES AND PROJECTIONS OF ANTICIPATED REVENUE
DURING THE FIRST 5 YEARS OF OPERATION, TAKING INTO ACCOUNT ANY
RECOMMENDED REFUNDS OR CREDITS, WITH RESPECT TO EACH SUCH SYSTEM STUDIED
AND TESTED TOGETHER WITH THE ANTICIPATED COSTS OF ADMINISTERING AND
ENFORCING EACH SUCH SYSTEM;
(4) STUDY AND MAKE RECOMMENDATIONS AS TO THE DISTRIBUTION AND USE OF
SUCH REVENUES;
(5) CONDUCT A COMPREHENSIVE STUDY OF THE EXTENT TO WHICH THE COSTS OF
ENVIRONMENTAL DEGRADATION CAN BE QUANTIFIED AND THE FEASIBILITY OF
ESTABLISHING A SYSTEM OF CHARGES TO INTERNALIZE THE COSTS AND MITIGATE
THE ADVERSE EFFECTS OF SUCH ENVIRONMENTAL DEGRADATION. THE COMMISSION
SHALL EXAMINE THE EXTENT TO WHICH THE COSTS OF SUCH ENVIRONMENTAL
DEGRADATION WOULD BE INTERNALIZED THROUGH THE APPLICATION OF ALTERNATIVE
MEANS OF CONTROL; AND
(6) STUDY ALL FEASIBLE MEANS OF DISCLOSING THE EXTENT OF
ENVIRONMENTAL DEGRADATION TO CONSUMERS, BY THOSE RESPONSIBLE FOR SUCH
DEGRADATION. THE MEANS STUDIED SHALL INCLUDE, BUT NOT BE LIMITED TO,
DISCLOSURES IN ADVERTISING AND LABELING OF PRODUCTS. THE COMMISSION
SHALL EXAMINE ALL REASONABLE MEANS OF EFFECTIVELY INFORMING CONSUMERS OF
THE SOURCES OF ENVIRONMENTAL DEGRADATION INCLUDING, BUT NOT LIMITED TO,
ENVIRONMENTAL COSTS ASSOCIATED WITH SUCH PRODUCTS AND ALTERNATIVE
PRODUCTS WHICH ARE LIKELY TO CAUSE LESS ENVIRONMENTAL DEGRADATION.
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(D) REPORTS. -- THE COMMISSION SHALL SUBMIT PROGRESS REPORTS
SIMULTANEOUSLY TO THE CONGRESS AND THE PRESIDENT AT SUCH TIMES AS THE
COMMISSION DEEMS APPROPRIATE. AN INTERIM REPORT SAHLL BE SUBMITTED NOT
LATER THAN 2 YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT. THE FINAL
REPORT OF THE COMMISSION SHALL BE SUBMITTED SIMULTANEOUSLY TO THE
CONGRESS AND THE PRESIDENT WITHIN 3 YEARS AFTER THE DATE OF ENACTMENT OF
THIS ACT. SUCH FINAL REPORT AND, WHERE FEASIBLE, SUCH PROGRESS REPORTS
AND INTERIM REPORT SHALL INCLUDE ANY CHANGES IN THE LAW RECOMMENDED BY
THE COMMISSION TO IMPLEMENT THE FINDINGS AND CONCLUSIONS OF ITS STUDIES.
THE COMMISSION SHALL CEASE TO EXIST 60 DAYS AFTER THE DATE OF
SUBMISSION OF ITS FINAL REPORT.
(E) POWERS. -- (1) THE COMMISSION OR ANY MEMBER THEREOF MAY, FOR THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, HOLD SUCH
HEARINGS, SIT AND ACT AT SUCH TIMES AND PLACES, ADMINISTER SUCH OATHS,
AND REQUIRE BY SUBPOENA OR OTHER ORDER THE ATTENDANCE AND TESITIMONY OF
SUCH WITNESSES AND THE PRODUCTION OF SUCH EVIDENCE AS THE COMMISSION OR
MEMBER DEEMS ADVISABLE. SUBPOENAS MAY BE ISSUED UNDER THE SIGNATURE OF
THE CHAIRMAN OR ANY DULY DESIGNATED MEMBER OF THE COMMISSION, AND MAY BE
SERVED BY ANY PERSON DESIGNATED FOR SUCH PURPOSE BY THE CHAIRMAN.
WITNESSES SUMMONED SHALL BE PAID THE SAME FEES AND MILEAGE THAT ARE PAID
WITNESSES IN THE COURTS OF THE UNITED STATES ATTENDANCE OF WITNESSES AND
PRODUCTION MAY BE REQUIRED FROM ANY PLACE IN THE UNITED STATES TO ANY
PLACE DESIGNATED FOR SUCH HEARING.
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(2) IN CASE OF REFUSAL TO OBEY A SUBPOENA OR OTHER ORDER ISSUED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, BY ANY PERSON WHO RESIDES, IS FOUND,
OR TRANSACTS BUSINESS WITHIN ANY JUDICIAL DISTRICT OF THE UNITED STATES,
THE DISTRICT COURT OF THE UNITED STATES FOR ANY SUCH DISTRICT SHALL HAVE
JURISDICTION AND SHALL UPON THE REQUEST OF THE CHAIRMAN OF THE
COMMISSION ISSUE TO SUCH PERSON AN ORDER TO APPEAR AND PRODUCE EVIDENCE.
ANY FAILURE TO OBEY SUCH AN ORDER SHALL BE PUNISHABLE BY SUCH COURT AS
A CONTEMPT OF COURT.
(3) THE ADMINISTRATOR OF GENERAL SERVICES SHALL FURNISH THE
COMMISSION WITH SUCH OFFICES, EQUIPMENT, SUPPLIES, AND SERVICES AS HE IS
AUTHORIZED TO FURNISH TO ANY OTHER AGENCY OR INSTRUMENTALITY OF THE
UNITED STATES.
(4) EACH FEDERAL AGENCY IS AUTHORIZED AND DIRECTED TO FURNISH TO THE
COMMISSION, UPON WRITTEN REQUEST BY THE CHAIRMAN THEREOF, ON A
REIMBURSABLE BASIS OR OTHERWISE, SUCH ASSISTANCE AS THE COMMISSION DEEMS
NECESSARY TO CARRY OUT ITS DUTIES.
(5) THE COMMISSION MAY ENTER INTO SUCH CONTRACTS, LEASES, COOPERATIVE
AGREEMENTS, OR OTHER TRANSACTIONS AS MAY BE NECESSARY IN THE CONDUCT OF
ITS DUTIES, WITH ANY PERSON.
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(F) COMPENSATION AND PERSONNEL -- (1) A MEMBER OF THE COMMISSION
SHALL RECIEVE COMPENSATION ONLY IF NOT OTHERWISE EMPLOYED IN ANY
CAPACITY BY THE FEDERAL GOVERNMENT. SUCH A MEMBER SHALL RECEIVE $300
PER DIEM WHEN ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE
COMMISSION. ALL MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR
TRAVEL, SUBSTISTENCE, AND OTHER NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF SUCH DUTIES.
(2) SUBJECT TO SUCH RULES AND REGULATIONS AS THE COMMISSION MAY
ADOPT, THE CHAIRMAN OF THE COMMISSION SHALL HAVE THE POWER TO (A)
APPOINT, FIX THE COMPENSATION, AND ASSIGN THE DUTIES OF AN EXECUTIVE
DIRECTOR AND SUCH ADDITIONAL STAFF PERSONNEL AS ARE DEEMED NECESSARY,
WITHOUT RGARD TO THE PROVISIONS OF TITLE 5, UNITED STATES CODE,
GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, CLASSIFICATION, AND
GENERAL SCHEDULE PAY RATES, EXCEPT THAT NO INDIVIDUAL SHALL BE PAID AT
RATES IN EXCESS OF THE MAXIMUM RATE FOR GS-18 OF THE GENERAL SCHEDULE AS
SET FORTH UNDER SECTION 5332 OF SUCH TITLE; AND (B) PROCURE TEMPORARY
AND INTERMITTENT SERVICES TO THE SAME EXTENT AS IS AUTHORIZED BY SECTION
3109 OF TITLE 5, UNITED STATES CODE, BUT AT RATES NOT TO EXCEED $150 A
DAY FOR PERSONS PERFORMING SUCH SERVICES. IN MAKING APPOINTMENTS AND
PROCURING SERVICES, THE CHAIRMAN OF THE COMMISSION SHALLHIRE SUFFICIENT
FULL- AND PART-TIME EMPLOYEES WHO ARECOMPETENT ENVIRONMENTALISTS,
LAWYERS, ECONOMICISTS, SCIENTISTS, AND ENGINEERS.
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RECYCLED OIL
SEC 17.(A) LABELING. -- (1) THE DIRECTOR OF THE NATIONAL BUREAU OF
STANDARDS SHALL ISSUE REGULATIONS WITH RESPECT TO RECYCLED OIL, IN
ACCORDANCE WITH PARAGRAPH (2) (A) OF THIS SUBSECTION. AS OF THE
EFFECTIVE DATE OF SUCH REGULATIONS, ANY DECISION OR REGULATION OF THE
FEDERAL TRADE COMMISSION, OR OF ANY STATE OR LOCAL GOVERNMENT, REQUIRING
THAT RECYCLED OIL WHICH IS SOLD FOR A PURPOSE DESIGNATED IN SUCH
REGULATIONS OF THE DIRECTOR OF THE NATIONAL BUREAU OF STANDARDS BE
LABELED AS "PREVIOUSLY USED" OR "REPROCESSED" OIL SHALL CEASE TO
HAVEEFFECT AND SHALL BE REPEALED BY OPEATION OF LAW.
(2) AS USED IN THIS SUBSECTION
(A) "RECYCLED OIL" MEANS USED OIL WHICH HAS BEEN REFINED OR OTHERWISE
PROCESSED TO REMOVE THE PHYSICAL AND CHEMICAL IMPURITIES REQUIRED
THROUGH USE AND WHICH IS EQUIVALENTOR BETTER IN QUALITY AND PERFORMANCE
TO NEW OIL OR REASONABLE QUALITY FOR DESIGNATED PURPOSES, AS DETERMINED
BY REGULATIONS ISSUED BY THE DIRECTOR OF THE NATIONAL BUREAU OF
STANDARDS;
(B) "NEWOIL" MEANS OIL WHICH HAS BEEN REFINED FROM OIL WHICH HAS
NEVER PREVIOUSLY BEEN USED BY A CONSUMER; AND.
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(C) "USED OIL" MEANS OIL WHICH HAS THROUGH USE BEEN CONTAMINATED BY
PHYSICAL OR CHEMICAL IMPURITIES WHICH HAVE NOT BEEN REMOVED BY
SUBSEQUENT REFINING, TREATMENT, OR OTHER PROCESSING.
(B) EXCISE TAXES. -- (1) SECTION 4221 (A) OF THE INTERNAL REVENUE
CODE OF 1954 (RELATING TO CERTAIN TAX FREE SALES) IS AMENDED BY STRIKING
THE SECOND "OR" IN CLAUSE (4), STRIKING THE PERIOD FOLLOWING CLAUSE (5)
AND INSERTING IN LIEU THEREOF ", OR", AND BY ADDING THE FOLLOWING NEW
CLAUSE:
"(6) FOR USE AS LUBRICATING OIL BLENDED OR MIXED BY ANY PESORN WITH
USED OR WASTE LUBRICATING OIL BLENDED OIL WHICH HAS BEEN CLEANED,
RENOVATED, OR REFINED IF THE RESULTANT MIXTURE IS USED OTHERWISE THAN IN
A HIGHWAY MOTOR VEHICLE."
(2) THE AMENDMENT MADE BY THIS SUBSECTION SHALL BE EFFECTIVE WITH
RESPECT TO LUBRICATING OIL SOLD AFTER THE LAST DAY OF THE MONTH IN WHICH
THIS ACT IS ENACTED.
RECORDS AND EXAMINATIONS
SEC. 18. (A) PRODUCT. -- EACH MANUFACTURER, PRODUCER, OR IMPORTER OF
ANY PRODUCT WHICH IS GOVERNED BY ANY STANDARD UNDER A REGULATION ISSUED
UNDER THIS ACT SHALL
(1) ESTABLISH AND MAINTAIN SUCH RECORDS, MAKE SUCH REPORTS, PROVIDE
SUCH INFORMATION, AND MAKE SUCH TESTS AS THE ADMINISTRATOR OR THE
SECRETARY OF THE TREASURY (IN THE CASE OF IMPORTERS) MAY REASONABLY
REQUIRE TO DETERMINE COMPLIANCE WITH SUCH STANDARD OR STANDARDS AND THE
REQUIREMENTS OF THIS ACT;
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(2) PERMIT A DULY DESIGNATED OFFICER OR EMPLOYEE, UPON REQUEST, TO
HAVE ACCESS TO THE RECORDS, REPORTS, INFORMATION, AND TEST RESULTS
REQUIRED PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION OFR THE PURPOSE OF
EXAMINATION AND COPYING; AND
(3) MAKE PRODUCTS COMING OFF THE ASSEMBLY LINE OR OTHERWISE IN THE
HANDS OF THE MANUFACTURER AVAILABLE FOR INSPECTION AND TESTING BY THE
ADMINISTRATOR AND MAKE PRODUCTS FOR WHICH ENTRY IS SOUGHT INTO THE
UNITED STATES OR OTHERWISE IN THE AHNDS OF THE IMPORTER AVAILABLE FOR
INSPECTION AND TESTING BY THE SECRETARY OF THE TREASURY, TO THE EXTENT
REQUIRED BY APPLICABLE REGULATIONS OF THE ADMINISTRATOR OR SUCH
SECRETARY SHALL REQUIRE NO MORE INSPECTION AND TESTING THAN IS
REASONABLY NECESSARY TO DISCHARGE HIS RESPONSIBILITIES UNDER THIS ACT.
(B) WASTE. -- (1) ANY PERSON WHO STORES, TREATS, TRANSPORTS, DISPOSES
OF, OR OTHERWISE HANDLES WASTE SHALL UPON REQUEST, ADMIT ANY DULY
DESIGNATED OFFICER OF EMPLOYEE OF THE ENVIRONMENTAL PROTECTION AGENCY,
AN INVOLVED REGIONAL AUTHORITY, OR A STATE OR LOCAL AGENCY HAVING
JURISDICTION TO ANY SITE OR FACILITY SUBJECT TO HIS CONTROL AND FURNISH
OR PERMIT SUCH OFFICER OR EMPLOYEE AC CESS, AT ALL REASONABLE TIMES, TO
ALL RECORDS RELATING TO SUCH WASTE FOR PURPOSE OF EXAMINATION AND
COPYING.
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(2) ANY SUCH DULY DESIGNATED OFFICER OR EMPLOYEE IS AUTHORIZED TO (A)
ENTER AT REASONABLE TIMES ANY ESTABLISHMENT, OR OTHER PLACE MAINTAINED
BY ANY PERSON, IN WHICH WASTE IS STORED, TREATED, TRANSPORTED, OR
DISPOSED OF; AND (B) INSPECT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY
SUCH WASTE AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTE.
EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONBLE
PROMPTNESS. IF SUCH OFFICER OR EMPLOYEE OBTAINS ANY SAMPLES, HE SHALL
GIVE THE OWNER, OPERATOR, OR AGENT IN CHARGE OF THE PREMISES FROM WHICH
THEY ARE OBTAINED A RECEIPT DESCRIBING EACH SUCH SAMPLE. IF AN ANALYSIS
IS MADE OF SUCH SAMPLE OR SMAPLES, A COPY OF THE RESULTS SHALL BE
FURNISHED PROMPTLY TO SUCH OWNER, OPERATOR, OR AGENT.
(C) FINANCIAL ASSISTANCE. -- (1) EACH RECIPIENT OF FINANCIAL
ASSISTANCE, INCLUDING GUARANTEES, UNDER THIS ACT, WHETHER IN THE FORM OF
GRANTS, SUBGRANTS, CONTRACTS, SUBCONTRACTS, OBLIGATION GUARANTEES, OR
OTHER ARRANGEMENTS, SHALL KEEP SUCH RECORDS AS THE ADMINISTRATOR, AFTER
CONSULTATION WITH THE COMPTROLLER GNERAL, SHALL PRESCRIBE, INCLUDING
RECORDS WHICH FULLY DISCLOSE THE AMOUNT AND DISPOSITION BY SUCH
RECIPIENT OF THE PROCEEDS OF SUCH ASSISTANCE, THE TOTAL COST OF THE
PROJECT OR UNDERTAKING IN CONNECTION WITH WHICH SUCH ASSISTANCE WAS
GIVEN OR USED, THE AMOUNT OF THAT PORTION OF THE COST OF THE PROJECT OR
UNDERTAKING SUPPLIED BY OTHER SOURCES, AND SUCH OTHER RECORDS AS WILL
FACILITATE AN EFFECTIVE AUDIT.
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(2) THE ADMINISTRATOR AND THE COMPTROLLER GENERAL OF THE UNITED
STATES, OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL, UNTIL
THE EXPIRATION OF 3 YEARS AFTER THE COMPLETION OF ANY PROJECT OR
UNDERTAKING COVERED BY PARAGRAPH (1) OF THIS SUBSECTION, HAVE ACCESS FOR
THE PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS, OR
OTHER RECORDS WHICH, IN THE OPINION OF THE ADMINISTRATOR OR THE
COMPTROLLER GENERAL, MAY BE RELATED TO OR PERTINENT TO ANY FEDERAL
FINANCIAL ASSISTANCE GRANT, SUBGRANT, CONTRACT, SUBCONTRACT, OBLIGATION
GUARANTEE, OR OTHER ARRANGEMENT UNDER THIS ACT.
PROHIBITED ACTS
SEC. 19. IT IS UNLAWFUL FOR ANY PERSON SUBJECT TO THE JURISDICTION
OF THE UNITED STATES TO
(A) INTRODUCE OR DELIVER FOR INTRODUCTION IN CO-MERCE ANY PRODUCT
WHICH DOES NOT CONFORM TO AN APPLICABLE STANDARD SET FORTH IN A
REGULATION DULY ISSUED BY THE ADMINISTRATOR UNDER ANY PROVISION OF THIS
ACT;
(B) FAIL TO FURNISH RECORDS OR FAIL TO PERMIT ACCESS, FOR EXAMINATION
AND COPYING, TO RECORDS, INFORMATION, SAMPLES, AND TEST RESULTS REQUIRED
PURSUANT TO THIS ACT;
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(C) FAIL TO OBTAIN OR COMPLY WITH ANY CONDITION OF ANY PERMIT
REQUIREMENT FOR GENERATORS OR DISPOSERS OF HAZARDOUS WASTE WHICH IS
REQUIRED UNDER FEDERAL LAW;
(D) OPERATE ANY WASTE TREAMENT OR DISPOSAL SITE OR FACILITY OR TO
GENERATE ANY HAZARDOUS WASTE WITHOUT AN OPERATOR'S OR GENERATOR'S PERMIT
MEETING THE REQUIREMENTS OF FEDERAL LAW; OR
(E) FAIL TO COMPLY WITH ANY APPLICABLE REGULATION, STANDARD, OR
ORDERISSUED BY THE ADMINISTRATOR IN ACCORDANCE WITH THIS ACT.
REMEDIES
SEC. 20. (A) CIVIL PENALTIES. -- (1) AN Y PERSON WHO IS FOUND BY THE
ADMINISTRATOR AFTER NOTICE AND AN OPPORTUNITY FOR AN ADJUDICATIVE
HEARING IN ACCORDANCE WITH SECTION 554 OF TITLE 5, UNITED STATES CODE,
TO HAVE COMMITTED AN ACT PROHIBITED BY SECTION 19 OF THIS ACT, SHALL BE
LIABLE TO THE UNITED STATES FOR A CIVIL PENALTY OF NOT MORE TH-AN
$10,000 FOR EACH DAY OF VIOLATION. THE AMOUNT OF SUCH CIVIL PENALTY
SHALL BE ASSESSED BY THE ADMINISTRATOR, OR HIS DELEGATE, BY WRITTEN
NOTICE. IN DETERMINING THE AMOUNT OF SUCH PENALTY, THE ADMINISTRAOTR
SHALL TAKE INTO ACCOUNT FOR THE NATURE, CIRCUMSTANCES, EXTENT, AND
GRAVITY OF THE PROHIBITED ACT OF ACTS COMMITTED AND, WITH RESPECT TO THE
PERSON FOUND TO AHVE COMMITTED SUCH ACT OR ACTS, THE DEGREE OF
CULPABILITY, ANY HISTORY OF PRIOR OFFENSES, ABILITY TO PAY, AND EFFECT
ON ABILITY TO CONTINUE TO DO BUSINESS, AND SUCH OTHER MATTERS AS JUSTICE
MAY REQUIRE.
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(2) ANY PERSON AGAINST WHOM A VIOLATION IS FOUND AND A CIVIL PENALTY
ASSESSED UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY OBTAIN REVIEW IN THE
APPROPRIATE COURT OF APPEALS OF THE UNITED STATES BY FILLING A NOTICE OF
APPEAL IN SUCH COURT 30 DAYS FROM THE DATE OF SUCH ORDER AND BY
SIMULTANEOUSLY SENDING A COPY OF SUCH NOTICE BY CERTIFIED MAIL TO THE
ADMINISTRATOR. THE ADMINISTRATOR SHALL PROMPTLY CERTIFY AND FILE IN
SUCH COURT THE RECORD UPON WHICH SUCH PENALTY WAS IMPOSED, AS PROVIDED
IN SECTI ON 2112 OF TITLE 28, UNITED STATES CODE. THE FINDINGS OF THE
ADMINISTRATOR SHALL BE SET ASIDE IF FOUND TO BE UNSUPPORTED BY
SUBSTANTIAL EVIDENCE, AS PROVIDED BY SECTION 706(2)(E) OF TITLE 5,
UNITED STATES CODE.
(3) IF ANY PERSON FAILS TO PAY AN ASSESSMENT AFTER IT HAS BECOME A
FINAL AND UNAPPEALABLE ORDER, OR AFTER THE COURT OF APPEALS HAS ENTERED
FINAL JUDGMENT IN FAVOR OF THE ADMINISTRATOR, THE ADMINISTRATOR SHALL
REFER THE MATTER TO THE ATTORNEY GENERAL, WHO SHALL RECOVER THE AMOUNT
ASSESSED IN ANY APPROPRIATE DISTRICT COURT OF THE UNITD STATES. IN SUCH
ACTION, THE VALIDITY AND APPROPRIATENESS OF THE FINAL ORDERIMPOSING THE
CIVIL PENALTY SHALL NOT BE SUBJECT TO REVIEW.
(B) CRIMINAL PENALTIES. -- ANY PERSON WHO KNOWINGLY COMMITS AN ACT
PROHIBITED BY SECTION 19 OF THIS ACT SHALL UPON CONVICTION, BE FINED NOT
MORE THAN $25,000 OR IMPRISONED FOR NOT MORE THAN 1 YEAR, OR BOTH.
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(C) SPECIFIC RELIEF. -- THE ADMINISTRATOR, OR AT HIS REQUEST THE
ATTORNEY GENERAL, MAY BRING AN ACTION IN AN APPROPRIATE DISTRICT COURT
OF THE UNITED STATES FOR EQUITABLE RELIEF TO REDRESS A VIOLATION BY ANY
PRESON OF AN ACT PROHIBITED BY SECTION 17 OR 19 OF THIS ACT. THE
DISTRICT COURTS SHALL HAVE THE POWER TO GRANT SUCH RELIEF AS IS
NECESSARY OR APPROPRIATE, INCLUDING MANDATORY OR PROHIBITIVE INJUNCTIVE
RELIEF, INTERIM EQUITABLE RELIEF, COMPENSATORY DAMAGES, AND PUNITIVE
DAMAGES. IN ANCY ACTION REQUESTING EQUITABLE RELIEF UNDER THIS
SUBSECTION, UNDER SUBSECTION (D) OR (E) OF THIS SECTION, OR UNDER ANY
OTHER ACT ADMINISTERED BY THE ADMINISTRATOR, THE FAILURE BY THE PARTY
REQUESTING SUCH RELIEF TO PROVE THAT A DEMONSTRATABLE HEALTH HAZARD
EXISTS SHALL NOT, IN AND OF ITSELF, CONSTITUTE A BAR TO SUCH RELIEF. IN
THE ABSENCE OF PROOF OF SUCH HARM , THE COURT SHALL CONSIDER
THELIKELIHOOD AND THE MAGNITUDE OF THE RISK OF HARM (TOGETHER WITH OTHER
CONSIDERATINS ARGUING FOR AND AGAINST SUCH REQUSTED RELIEF) IN
DETERMINING WHAT RELIEF IS APPROPRIATE THE PRECEDING TWO SENTENCES SHALL
GOVERN ALL PROCEEDINGS IN ACTIONS BROUGHT AFTER THE DATE OF ENACTMENT OF
THIS ACT AND ALL FURTHER PROCEEDINGS IN ACTIONS THEN PENDING, EXCEPT TO
THE EXTENT THAT IN THE OPINION OF THE COURT THEIR APPLICATION IN A
PARTICULAR ACTION THEN PENDING WOULD NOT FEASIBLE OR WOULD WORK
INJUSTICE.
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(D) IMMINENT HAZARD. -- (1) IF THE ADMINISTRATOR HAS REASON TO
BELIEVE THAT AN IMMINENET HAZARD EXISTS, HE MAY PETITION AN APPROPRIAT
DISTRICT COURT OF THE UNITED STATES, OR UPON HIS REQUEST THE ATTORNEY
GENERAL SHALL SO PETITION, FOR AN ORDER SUSPENDING OR RESTRICTING THE
MANUFACTURE OR DISTRIBUTION OF THE PRODUCT RESPONSIBLE FOR SUCH HAZARD
OR FOR AN ORDER DIRECTING THE OPERATOR OF THE DISPOSAL SITE OR FACILITY,
OR THE CUSTODIAN OF THE WASTE, WHICH CONSTITUTES SUCH HAZARD, TO TAKE
SUCH STEPS AS ARE NECESSARY TO ELIMINATE SUCH HAZARD. SUCH ACTION MAY
INCLUDE, WITH RESPECT TO A SITE OR FACILITY, PERMANENT OR TEMPORARY
CESSATION OF OPERATION.
(2) AS USED IN THIS SUBSECTION, AN "IMMINENT HAZARD" EXISTS IF THE
EVIDENCE IS SUFFICIENT TO ESTABLISH THAT PRIOR TO THE COMPLETION OF AN
ADMINISTRATIVE HEARING OR OTHER FORMAL PROCEEDING INITIATED TO ABATE
SUCH HARM (A) THE DISPOSAL OF SUCH PRODUCT WILL RESULT IN AN UNREASNABLE
BURDEN OR RISK TO HUMAN HEALTH OR THE ENVRIONMENT; OR (B) THE
COLLECTING, STORING, TRANSPORTING, TREATING, UTILIZINNG, PROCESSING, OR
DISPOSAL OF SUCH WASTE WILL RESULT IN ANY UNREASONABLE THREAT TO HUMAN
HEALTH, LIVING ORGANISMS, OR THE ENVIRONMENT.
(E) CITIZENS CIVIL ACTION. -- (1) EXCEPT AS PROVIDED IN PARAGRAPH (2)
OF THIS SUBSECTION,ANY PERSON, INCLUDING INCLUDING THE ADMINISTRATOR
AND, AT HIS REQUEST, THE ATTORNEY GENERAL, MAY COMMENCE A CIVIL ACTION
FOR INJUNCTIVE RELIEF ON HIS OWN BEHALF OR ON BEHALF OF THE UNITED
STATES, AS THE CASE MAY BE, WHENEVER SUCH ACTION CONSTITUTES A CASE OF
CONTROVERSY AGAINST (A) ANY PERSON, INCLUIDNG A GOVERNMENT ENTITY TO THE
EXTENT PERMITTED BY THE ELEVENTH AMENDMENT TO THE CONSTITUTION), ALLEGED
TO BE IN VIOLATION OF ANY REGULATION, ORDER APPROVAL, OR PERMIT
REQUIREMENT ISSUED IN ACCORDANCE WITH THIS ACT; OR (B) THE
ADMINISTRATOR, WHERE THERE IS ALLEGED A FAILURE BY HIM TO PERFORM ANY
ACT OR DUTY REQUIRED OF HIM UNDER THIS ACT.
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THE DISTRICT COURTS OF THE UNITED STATES
SHALL HAVE JURISDICTION OVER ACTIONS BROUGHT UNDERTHIS
SUBSECTIN WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY OR
THE CITIZENSHIP OF THE PARTIES. AN ACTION UNDER SUBPARAGRAPH
(A) MAY BE BROUGHT IN THE DISTRICT COURT FOR ANY JUDICIAL
DISTRICT IN WHICH VENUE IS PROPER UNDER SECTION 1391 OF TITLE
28, UNITED STATES CODE. AN ACTION UNDER SUBPARAGRAPH (B)
MAY BE BROUGHT ONLY IN THE DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA.
(2) NO CIVIL ACTION MAY BE COMMENDED
(A) UNDER PARAGRAPH (1)(A) OF THIS SUBSECTION
PRIOR TO 60 DAYS AFTER NOTICE OF THE ALLEGED VIOLATION
IS GIVEN TO THE ADMINISTRATOR AND TO ANY ALLEGED VIOLATOR
BY THE PERSON COMMENCING THE ACTION;
(B) UNDER PARAGRAPH (1)(A) OF THIS SUBSECTION OF THE ADMINISTRATOR OR
THE ATTORNEY GENERAL HAS COMMENCED AND IS DILIGENTLY PROSECUTING AN
ACTION IN A COURT OF THE UNITED STATES TO REQUIRE ABATEMENT OF THE
ALLEGED VIOLATION.
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(C) UNDER PARAGRAPH (1)(B) OF THIS SUBSECTION PRIOR TO 60 DAYS AFTER
NOTICE OF INTENT IN COMMENCE SUCH ACTION HAS BEEN GIVEN TO THE
ADMINISTRATOR, IN SUCH MANNER AS THE ADMINISTRATOR MAY PRESCRIBE BY
REGULATION.
(3) IN ANY ACTION UNDER THIS SUBSECTION, THE ADMINISTRATOR OR THE
ATTORNEY GENERAL, IF NOT A PARTY, MAY INTERVENE AS A MATTER OF RIGHT.
IN ANY CASE IN WHICH AN ACTION IS BARRED UNDERPARAGRAPH (2)(B) OF THIS
SUBSECTION, ANY PERSON MAY INTERVENE AS A MATTER OF RIGHT IN THE PENDING
ACTION COMMENCED BY THE ADMINISTRATOR OR THE ATTORNEY GENERAL.
(4) THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION UNDER THIS
SUBSECTION, ANY AWARD COST OF LITIGATION (INCLUDING REASONABLE ATTORNEY
AND EXPERT WITNESS FEES) TO ANY RTY, WHENEVER IT DETERMINES THAT SUCH AN
AWARD IS APPROPRIATE.
(5) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
WHICH ANY PERSON OR CLASS OF PERSONS MAY HAVEUNDER ANY STATUTE OR AT
COMMON LAW TO SEEK ENFORCEMENT OF ANY APPLICABLE REGULATION OR ORDER OR
ANYOTHER RELIEF.
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MICROFORM REFILMED; SEE APPENDICES
(6) WHEN ANY CIVIL ACTIONS BROUGHT UNDER THIS SUBSECTION INVOLVE THE
SAME DEFENDANT AND THE SAME ISSUES OR ALLEGED VIOLATIONS BUT ARE PENDING
IN DIFFERENT COURTS, SUCH PENDING PROCEEDINGS MAY BE ORDERED
CONSOLIDATED FOR TRIAL IN ACCORDANCE WITH THIS PARAGRAPH. UPON
APPLICATION OF SUCH DEFENDANT TO ONE SUCH COURT, SUCH COURT SHALL,
UNLESS GOOD CAUSE IS SHOWN, ORDER ALL SUCH ACTIONS UNDER THIS SUBSECTION
INVOLVING THE SAME DEFENDANTS AND THE SAME ISSUES OR ALLEGED VIOLATIONS
TO BE CONSOLIDATED FOR TRIAL IN (A) THE COURT AGREED UPON BY STIPULATION
AMONG ALL THE PARTIES; OR (B) THE COURT SELECTED BY THE DEFENDANT OR
THE COURT IN A JUDICIAL DISTRICT CONVENIENT TO SUCH DEFENDANT'S
PRINCIPAL PLACE OF BUSINESS. SUCH ORDER OF CONSOLIDATION SHALL NOT
APPLY SO AS TO REQUIRE THE REMOVAL OF ANY CASE THE DATE FOR TRIAL OF
WHICH HAS BEEN FIXED. THE COURT GRANTING SUCH ORDER SHALL GIVE PROMPT
NOTIFICATION THEREOF TO THE OTHER COURTS HAVING JURISDICTION OF ANY CASE
COVERED BY SUCH ORDER, AND UPON REQUEST BY ANY SUCH COURT MAY RECONSIDER
AND AMEND, MODIFY, OR WITHDRAW SUCH ORDER.
SEC. 21. (A) REGULATIONS. - (1) IN ADDITION TO ANY SPECIFIC GRANT OF
AUTHORITY IN THIS ACT, THE ADMINISTRATOR IS AUTHORIZED (UPON THE
PETITION OF ANY PERSON OR UPON HIS OWN MOTION) TO ISSUE AT ANY TIME, IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 553 OF TITLE 5, UNITED STATES
CODE, AND OF PARAGRAPH (2) OF THIS SUBSECTION, REGULATIONS TO CARRY OUT
THE PURPOSES OF PROVISIONS OF THIS ACT. THE ADMINISTRATOR IS FURTHER SO
AUTHORIZED TO AMEND OR RESCIND ANY SUCH REGULATION.
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MICROFORM REFILMED; SEE APPENDICES
(2) THE ADMINISTRATOR SHALL PUBLISH ANY REGULATION PROPOSED UNDER
THIS ACT IN THE FEDERAL REGISTER AT LEAST 60 DAYS PRIOR TO THE DATE UPON
WHICH SUCH REGULATION IS SCHEDULED TO BECOME FINAL. WITH RESPECT TO ANY
PETITION RECEIVED REQUESTING THE ISSUANCE OF ANY REGULATION, THE
ADMINISTRATOR SHALL PUBLISH IN THE FEDERAL REGISTER A NOTICE THEREOF,
INCLUDING A SUMMARY OF THE REGULATION PROPOSED, THE PURPOSE OF THE
PETITION, AND A STATEMENT OF THE AVAILABILITY OF ANY DATA SUBMITTED IN
SUPPORT THEREOF. IF ANY SUCH PETITION IS DENIED, THE ADMINISTRATOR
SHALL PUBLISH IN THE FEDERAL REGISTER A NOTICE OF SUCH DENIAL TOGETHER
WITH THE REASONS THEREFOR. IF ANY PERSON ADVERSELY AFFECTED BY A
PROPOSED REGULATION FILES OBJECTIONS AND REQUESTS A PUBLIC HEARING
WITHIN 45 DAYS AFTER THE DATE OF PUBLICATION OF THE PROPOSED REGULATION,
THE ADMINISTRATOR SHALL GRANT SUCH REQUEST AND FINAL REGULATIONS SHALL
NOT BE ISSUED BY HIM UNTIL AFTER THE CONCLUSION OF SUCH PUBLIC HEARING.
ANY SUCH PUBLIC HEARING SHALL CONSIST OF THE ORAL AND WRITTEN
PRESENTATION OF DATA OR ARGUMENTS IN ACCORDANCE WITH SUCH REASONABLE
CONDITIONS OR LIMITATIONS AS THE ADMINISTRATOR MAY PRESCRIBE.
(3) PROPOSED AND FINAL REGULATIONS ISSUED UNDEF ANY PROVISION OF THIS
ACT SHALL SET FORTH THE FINDINGS OF FACT ON WHICH THE REGULATIONS ARE
BASED AND THE RELATIONSHIP OF SUCH FINDINGS TO THE CONTENT OF THE
REGULATIONS.
(4) UNLESS OTHERWISE PROVIDED FOR IN THIS ACT, ALL REGULATIONS UNDER
THIS ACT SHALL BE PROMULGATED IN ACCORDANCE WITH THIS SECTION.
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(B) JUDICIAL REVIEW OF REGULATIONS. -- (1) ANY JUDICIAL REVIEW OF ANY
FINAL REGULATION ISSUED UNDER THIS ACT SHALL BE CONDUCTED IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 701 THROUGH 706 OF TITLE 5, UNITED STATES
CODE, EXCEPT THAT WITH RESPECT TO RELIEF PENDING REVIEW, NO STAY MAY BE
GRANTED OR ANY AGENCY ACTION UNLESS THE REVIEWING COURT DETERMINES THAT
THE PARTY SEEKING SUCH STAY IS LIKELY TO PREVAIL ON THE MERITHS IN THE
REVIEW PROCEEDING AND THAT SUCH PARTY IS LIKELY TO SUFFER IRREPARABLE
HARM PENDING THE DETERMINATION OF SUCH PROCEEDING UNLESS SUCH STAY IS
GRANED.
(2) ANY PARTY TO A JUDICIAL REVIEW PROCEEDING UNDER THIS SUBSECTION
MAY REQUEST PERMISSION FRO MTHE COURT TO PRESENT ADDITIONAL EVIDENCE.
IF SUCH PARTY ESTABLISHES, TO THE SATISFACTION OF THE COURT, THAT SUCH
EVIDENCE WAS NOT AVAILABLE WHEN THE ADMINISTRATOR ISSUED THE FINAL
REGULATION OR REGULATIONS UNDER REVIEW AND IS MATERIAL, OR THAT THE
FAILURE OF THE ADMINISTRATOR TO INCLUDE SUCH EVIDENCE IN THE AGENY
PROCEEDING WAS ARBITRARY OR CAPRICIOUS, THE COURT MAY, UOPN SUCH TERMS
AND CONDITIONS AS IT DEEMS PROPER, ORDER SUCH EVIDENCE (ANY ANY MATERIAL
TENDING TO CONTROVERY IT TO BE TAKEN BEFORE THE ADMINISTRATOR AND
PRESENTE TO THE COURT IN THEREVIEW PROCEEDING. UPON THE BASIS OF SUCH
ADDITIONAL EVIDENCE, THE ADMINISTRATOR MAY MODIFY HIS FINDINGS AS THE
FACTS OR MAKE NEW FINDINGS. (COPY ILLEGIBLE)
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TO THE MAXIMUM EXTENT PRACTICABLE, WITH THE APPROPRIATE PROVISIONS OF
THE CLEAN AIR ACT, THE FEDERAL WATER POLLUTION ACT, THE FEDERAL
ENVIRONMENTAL PESTICIDE CONTROL ACT (7 U.S.C. 135), AND SUCH OTHER ACTS
OF CONGRESS AS GRANT REGULATORY AUTHORITY TO THE ADMINISTRATOR. SUCH
INTEGRATION SHALL BE EFFECTED ONLY TO THE EXTENT THAT IT CAN BE DONE IN
A MANNER CONSISTENT WITH THE GOALS AND POLICIES EXPRESSED IN THES ACT.
(D) AVAILABILITY OF INFORMATION. -- THE ADMINISTRATOR SHALL MAKE
AVAILABLE TO THE PUBLIC, UPON REQUEST AND AT COST OF REPRODUCTION AND
MAILING ANY AND ALL INFORMATION OBTAINED OR DEVELOPED UNDER THIS ACT
EXCEPT TO THE EXTENT THAT SUCH INFORMATION CONSTITUTES A TRADE SECRET OR
CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION WHICH IF DISCLOSED
WOULD RESULT IN SIGNIFICANT COMPETITIVE DAMAGE TO ITS OWNER, EXCEPT THAT
SUCH INFORMATION MAY BE DISCLOSED BY THE ADMINISTRATOR.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(1) TO TOEHR FEDERAL GOVERNMENT DEPARTEMNTS, AGENCIES, AND OFFICIALS
WITH REASONABLE NEED FOR SUCH INFORMATION FOR OFFICIAL USE, UPON
REQUEST:
(2) TO COMMITTEES OF CONGRESS HAVING JURISDICTION OVER THE SUBJECT
MATTER TO WHICH THE INFORMATION RELATES;
(3) IN ANY JUDICIAL PROCEEDING RELATING TO THE
PROVISION OF THIS SECTION UNDER A COURTORDER FORMULATED TO
PRESERVE THE CONFIDENTIALITY OF SUCH INFORMATION WITHOUT
IMPAIRING THE PROCEEDING;
(4) IF RELEVANT IN ANY PROCEEDING UNDER THIS SECTION, EXCEPT THAT
DISCLOSURE SHALL PRESERVE THE CONFIDENTIALITY TO THE EXTENT POSSIBLE
WITHOUT IMPAIRING THE PROCEEDING; AND
(5) TO THE PUBLIC IN ORDER TO PROVIDE REASONABLE PROTECTION OF THE
PUBLIC HEALTH, AFTER AFFORDING PARTIES WHO OPPOSE DISCLOSURE NOTICE AND
OPPORTUNITY FOR COMMENT IN WRITING OR FOR DISCUSSION IN CLOSED SESSION
IF THE DELAY RESULTING FROM SUCH NOTICE AND OPPORTUNITY FOR COMMENT
WOULD NOT BE DETRIMENTAL TO THE PUBLIC HEALTH.
PACKAGING AND LBELING
SEC. 22. SECTION 12 OF THE FAIR PACKAGING AND LABELING ACT OF 1966
(15 U.S.C. 1461) IS AMENDED BY REPLACING THE PERIOD AT THE END THEREOF
WITH A COLON AND ADDING THE FOLLWING: "PROVIDED, THAT NOTWITHSTANDING
ANY PROVISION OF THIS ACT OR ANY LAW OR ANY STATE OR POLITICAL
SUBDIVISION THEREOF, ANY RECYCLABLE OR RECYCLED SOLID WASTE MATERIAL,
WHICH IS NOT A CONSUMER COMMODITY, AND WHCH HISTORICALLY HAS BEEN
LABELED AND SOLD ON THE BASIS OF GROSS WEIGHT WITH A STATED MAXIMUM
PERCENTAGE OF SUCH WEIGHT FOR CARE OF PACKAGING, MAY CONTINUE TO BE
LABELED AND SOLD IN THAT MANNER AND WITHOUT ANY OTHER WEIGHT
DESIGNATION."
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FEDERAL POWER COMMISSION REVIEW
SEC. 23. THE FEDERAL POWER COMMISSION IS AUTHORIZED AND DIRECTED TO
REVIEW, AND MODIFY WHERE NECESSARY, ITS EXISTING POLICIES, RULES, D
REGULATIONS AS THEYAFFECT THE OPERATION OF PUBLIC UTILITIES AND NATURAL
GAS COMPANIES TO BRING SUCH POLICIES, RULES, AND REGULATIONS INTO
CONFORMANCE WITH THE PURPOSE OF THIS ACT. THE FEDERAL POWER COMMISSION
IS FURTHER DIRECTED TO ADOPT POLICIES, RULES, AND REGULATIONS WHICH
PROVIDE INCENTIVES FOR PUBLIC UTILITIES AND NATURAL GAS COMPANIES TO (A)
PARTICIPATE IN PILOT PALNT PROJECTS AND DEMONSTRATIONS OF SYSTEMS FOR
RECOVERING ENERGY FROM WASTE; (B) CONVERT EXISTING FACILITIES AND
CONSTRUCT NEW FACILITIES TO PROVIDE FOR RECOVERY OF ENERGY FROM WASTE;
AND (C) PURCHASE FUEL WHICH I S PRODUCED IN AN ENERGY RECOVERY FACILITY.
NATIONAL SECURITY WAIVER
SEC. 24. THE ADMINISTRATOR MAY WAIVE COMPLIANCE WITH THE PROVISIONS
OF THIS ACT, IN WHOLE OR IN PART, UPON RECEIVING INFORMATION FROM THE
SECRETARY OF DEFENSE THAT SUCH WAIVER IS IN THE INTEREST OF NATIONAL
SECURITY.
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UPON ISSUANCE OF SUCH A WAIVER, THE ADMINISTRATOR SHALL PUBLISH IN
THE FEDERAL REGISTER A NOTICE THAT THE WAIVER WAS GRANTED FOR GOOD CAUSE
SHOWN BY THE SECRETARY OF DEFENSE IN THE INTEREST ON NATIONAL SECURITY,
UNLESS THE ADMINISTRATOR HAS BEEN REQUESTED BY TH E SECRETARY OF DEFENSE
TO OMIT SUCH PUBLICATION BECAUE SUCH PUBLICATION WOULD BE CONTRARY TO
THE INTERESTS OF NATIONAL SECURITY.
DISCLAIMER
SEC. 25. NOTHING IN THIS ACT SHALL AUTHORIZE THE ADMINISTRATOR TO
DIRECTLY REGULATE THE EXPLORATION, DEVELOPMENT OR EXTRACTION OF ANY
VIRGIN NATURAL RESOURCE OR THE INTIAL SALE THEREOF.
AUTHORIZATION FOR APPROPRIATIONS
SEC 26. (A) GENERAL -- EXCEPT WITH RESPECT TO THE SPECIFIC
AUTHORIZATIONS FOR APPROPRIATIONS CONTAINED IN SUBSECTIONS (B) THROUGH
(G) OF THIS SECTION FOR THE PURPOSE OF CARRYING OUT SPECIFIC PROGRAMS
AND PROVISIONS, THERE ARE AUTHORIZED TO BE APPROPRIATED FOR CARRYING OUT
THE PROVISIONS OF THIS ACT SUCH SUMSAS ARE NECESSARY NOT TO EXCEED
$42,000,000 FOR THE FISCAL YEAR ENDING JUNE 39, 1075, $42,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1976, AND $37,000,000 FOR THE FISCAL
YEAR ENDING JUNE 39, 1977.
(B) STATE PROGRAMS. -- THERE ARE AUTHORIZED TO BE APPROPRIATED FOR
THE PURPOSE OF ASSISTING THE STATES IN DEVELOPING, IMPLEMENTING, AND
ENFORCING STATE PROGRAMS REQUIRED UNDER SECTION 9 OF THIS ACT SUCH SUMS
AS ARE NECESSARY NOT TO EXCEED $3,000,000 FOR THE FISCAL YEAR ENDING ON
JUNE 39, 1975; $6,000,000 FOR THE FISCAL YEAR ENDING ON JUNE 30, 1976;
AND $12,000,000 FOR THE FISCAL YEAR ENDING ON JUNE 30, 1977.
THE NEED FOR A NATIONAL MATERIALS POLICY
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(C) COMPREHENSIVE STATE PLANNING. -- THERE ARE ARE AUTHORIZED TO BE
APPROPRIATED FOR THE PURPOSE OF ASSISTING THE STATES IN DEVELOPING
COMPREHENSIVE STATE MANAGEMENT AND RESOURCE RECOVERY PLANS AS REQUIREED
UNDER SECTION 10 OF THIS ACT SUCH SUMS AS ARE NECESSARY NOT TO EXCEED
$1,500,000 FOR EACH OF THE FISCAL YEARS ENDING ON JUNE 30, 1975; JUNE
30, 1976; AND JUNE 30, 1977.
(D) RECOVERY DEMONSTRATIONS. -- THERE ARE AUTHORIZED TO BE
APPROPRIATED FOR THE PURPOSE OF MAKING GRANTS FOR ENERGY AND RESOURCE
RECOVERY PILOT PLANT AND DEMONSTRATION PROGRAMS AS REQUIRED UNDER
SECTION 12 OF THIS ACT SUCH SUMS AS ARE NECESSARY NOT TO EXCEED
$45,000,000 FOR EACH OF THE FISCAL YEARS ENDING ON JUNE 30, 1975; JUNE
30, 1976; AND JUNE 30, 1977.
(E) LOAN GUARANTEES. -- THERE ARE AUTHORIZED TO BE APPROPRIATED TO
THE ADMINISTRATOR SUCH SUMS AS ARE NECESARY, NOT TO EXCEED $825,000,000,
TO APY ANY AMOUNT REQUIRED TO BE PAID BY REASON OF A DEFAULT OF ANY LOAN
OR OTHER OBLIGATION GUARANTEED UNDE SECTION 13 OF THIS ACT.
THE NEED FOR A NATIONAL MATERIALS POLICY
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MICROFORM REFILMED; SEE APPENDICES
(F) GRANTS. - (1) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE
PURPOSE OF MAKING GRANTS FOR FACILITY CONSTRUCTION UNDER SECTION
14(A)(1) OF THIS ACT SUCH SUMS AS ARE NECESSARY NOT TO EXCEED
$20,000,000 FOR THE FISCAL YEAR ENDING ON JUNE 30, 1975; $70,000,000
FOR THE FISCAL YEAR ENDING ON JUNE 30, 1976; AND $100,000,000 FOR THE
FISCAL YEAR ENDING ON JUNE 30, 1977.
(2) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSE OF MAKING
GRANTS FOR OPERATIONS AND MAINTENANCE UNDER SECTION 14(A)(2) OF THIS ACT
SUCH SUMS AS ARE NECESSARY NOT TO EXCEED $20,000,000 FOR THE FISCAL YEAR
ENDING ON JUNE 30, 1975; $75,000,000 FOR THE FISCAL YEAR ENDING ON JUNE
30, 1976; AND $105,000,000 FOR THE FISCAL YEAR ENDING ON JUNE 30, 1977.
(3) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSE OF MAKING
GRANTS AND CONTRACTS FOR TRAINING UNDER SECTION 14(A)(3) OF THIS ACT
SUCH SUMS AS ARE NECESSARY NOT TO EXCEED $2,500,000 FOR EACH OF THE
FISCAL YEARS ENDING ON JUNE 30, 1975; JUNE 30, 1976; AND JUNE 30,
1977.
(G) NATIONAL COMMISSION ON ENVIRONMENTAL COSTS. - THERE ARE HEREBY
AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSE OF FINANCING THE
ACTIVITIES OF THE NATIONAL COMMISSION ON ENVIRONMENTAL COSTS UNDER
SECTION 16 OF THIS ACT SUCH SUMS AS ARE NECESSARY NOT TO EXCEED
$2,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
SENATOR RANDOLPH. I AM GRATIFIED THIS MORNING THAT SITTING TO OUR
RIGHT IS MRS. LOUISE LEONARD, NO A MEMBER OF THE PANEL, BUT WE ARE BOTH
WEST VIRGINIANS. MRS LEONARD IS A MEMBEF OF TE WEST VIRGINIA STATE
SENATE FROM THE 16TH SENATORIAL DISTRICT OF OUR STATE. SHE SERVES ON
THE COMMITTEE IN THE SENATE WHICH IS GIVING VERY CLOSE ATTENTION TO THIS
PROBLEM AT THE STATE LEVEL IN WEST VIRGINIA.
LOUISE, IF YOU WOULD CARE TO AT THIS MOMENT I THINK IT WOULD HELP THE
RECORD -- I AM NOT ASKING YOU TO DETAIL SOMETHING IN REFERENCE TO WHAT
IS BEING DONE IN WEST VIRGINIA. YOU MIGHT SUPPLEMENT THAT AS YOU
PREPARE A STATEMENT THAT COULD APPEAR. BUT WOULD YOU JUST CHAT WITH US
A MOMENT INFORMALLY ABOUT THE SITUATION IN OUR STATE AND YOUR PRESENCE
HERE TODAY?
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 001 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
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MRS LEONARD. THANK YOU, SENATOR RANDOLPH.
I AM VERY PLEASED TO HAVE AN OPPORTUNITY TO BE PRESENT FOR THIS MOST
IMPORTANT HEARING. IN WEST VIRGINIA WE HAVE ESTABLISHED IN THE SENATE
AN INTERIM COMMITTEE DEVOTED TO THIS PARTICULAR SUEJECT AND I AM IN
WASHINGTON TODAY AS REPRESENTATIVE OF THAT COMMITTEE.
IN OUR STATE WE HAVE JUST RECENTLY ENACTED LEGISLATION TO ESTABLISH
AN ENERGY ECONOMY ENVIRONMENTAL COMMISSION WHIC, OF COURSE, WILL HANDLE
RELATED MATTERS SUCH AS THIS.
WE HAVE ALSO ADOPTED LEGISLATION HANDLING OUR JUNK CAR REMOVALS
WHICH, OF COURSE, IS ONE OF THE MAJOR ITEMS OF YOUR SOLID WASTE.
WE HAVE HAD INTRODUCED IN OUR LEGISLATURE A BILL TO ESTABLISH THE
SOLID WASTE AUTHORITY AND IT IS BECAUSE OF THIS THAT I AM PARTICULARLY
INTERESTED IN THE THREE BILLS TODAY.
I AM PLEASED TO NOTE THE DEGREE TO WHICH THEY MENTION THINGS SUCH AS
THE GRANTS-IN-AID FOR RESEARCH IN THE STATES AND GRANTS TO THE STATE
PROGRAMS AND FOR LOCAL PLANNING AND FOR RESEARCH.
I THINK WHAT IS NEEDED ABOVE ALL ELSE IS THAT WE HAVE A UNITED EFFORT
HERE BETWEEN THE FEDERAL GOVERNMENT AND THE STATE GOVERNMENT.
AS I HAVE REVIEWED THE THREE BILLS BEFORE US TODAY I CAN SEE THE
DEGREE TO WHICH TIS IS BEING MADE. I KNOW IT WILL BE VERY HELPFUL TO
THOSE OF US ON THE LOCAL LEVEL. AGAIN, I LOOK FORWARD TO EARING THE
VARIOUS COMMENTS WHICH WILL BE MADE DURING THE HEARING TODAY. I
APPRECIATE THE OPPORTUNITY TO BE WITH YOU.
SENATOR RANDOLPH. THANK YOU VERY MUCH, SENATOR LEONARD, FOR BEING AT
THIS HEARING. IF YOUR SCEDULE PERMITS DURING ALL OF THE HEARINGS WE
CERTAINLY HOPE TAT YOU WILL GIVE US THE ADVANTAGE OF YOUR COUNSEL AS WE
MOVE ALONG DISCUSSING WITH MEMBERS OF THE COMMITTEE.
I WANT TO RETURN JUST BEFORE TE FIRST WITNESS IS HEARD TO THE
STATEMENT THAT I MADE IN MY OPENING REMARKS WHIC CAME VERY FRANKLY FROM
AN ARTICLE FROM ENGINEERING NEWS RECORD BY JOSEP A. MACDONALD. THIS WAS
AN ARTICLE WHIC NOT ONLY INTRIGUED ME, BUT IN A SESE IT FRIGHTENED ME.
"WILL SOLID UASTE BURY US?"
IN THE OPENING PARAGRAPH OF TE ARTICLE THE AUTHOR SAYS,
FOR SOME TIME NOW THE PROPHETS OF DOOM AVE BEEN FORECASTING MAN'S
IMPENDIG BURIAL UNDER THE EXCREMENT OF HIS SOCIETY AND INDEED SO IT
WOULD SEEM IN TE U.S. ALONE THE AMOUNT OF SOLID WASTE GENERATED EACH
YEAR ALREADY HAS REACHED STAGGERING PROPORTIONS, 4.4 BILLION TONS --
THAT WAS IN 1971 -- ACCORDING TO THE NATIONAL COMMISSION ON MATERIALS
POLICY.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 002 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
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THAT IS THE FIGURE WE USED, BUT IT WAS FOR 1971.
CONTINUING, MR. MACDONALD SAID:
THIS CONSISTS OF 1.7 BILLION TONS OF ANIMAL WASTE: 1.7 BILLION TONS
MINERAL WASTE; 640 MILLION TONS AGRICULTURAL WASTE; 230 MILLIO TONS,
URBAN WASTE; 140 MILLION TONS, INDUSTRIAL WASTE.
THEN HE ADDS THESE WORDS THAT I THINK ARE VERY, VERY CHALLENGING.
THEY CONCERN US ALL. "BY 2000 THE UNITED STATES WILL HAVE TO COPE WITH
SOME 12 BILLION TONS OF SOLID WASTE GENERATED EACH YEAR ACCORDING TO A
PROJECTION BY THE AMERICAN IRON AND STEEL INSTITUTE.
(THE COMPLETE ARTICLE FOLLOWS:).
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 003 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
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SENATE
JOSEPH A. MACDONALD
FOR SOME TIME NOW, THE PROPHETS OF DOOM HAVE BEEN FORECASTING MAN'S
IMPENDING BURIAL UNDER THE EXCREMENT OF HIS SOCIETY.
AND INDEED, SO IT WOULD SEEM. IN THE U.S. ALONE, THE AMOUNT OF SOLID
WASTE GENERATED EACH YEAR ALREADY HAS REACHED STAGGERING PROPORTIONS --
4.4 BILLION TONS (IN 1971), ACCORDING TO THE NATIONAL COMMISSION ON
MATERIALS POLICY. THIS CONSISTS OF 1.7 BILLION TONS OF ANIMAL WASTES;
1.7 BILLION TONS, MINERAL; 640 MILLION TONS, AGRICULTURAL; 230 MILLION
TONS, URBAN; AND 140 MILLION TONS, INDUSTRIAL. BY 2000, THE U.S. WILL
HAVE TO COPE WITH SOME 12 BILLION TONS OFSOLID WASTE GENERATED EACH
YEAR, ACCORDING TO A PROJECTION BY THE AMERICAN IRON AND STEEL INSTITUE.
WHILE NO OTHER COUNTRY IN THE WORLD GENERATE QUITE AS MUCH WASTE AS
THAT ASCRIBED TO THE U.S. -- OVER 1 TON OF URBAN WASTE ANNUALLY FOR
EVERY MAN, WOMAN, AND CHILD, GROWING 4 TO 6% EACYH YEAR -- SOME
AVAILABLE ESTIMATES OF ANNUAL PER CAPITAL VOLUME OFSOLID WASTES PRODUCED
IN OTHER DEVELOPED NATIONS ARE AWESOME THEMSELVES: JAPANESE FIGURES
INDICATE ABOUT 800 LBS BELGIUM, 638 LB; ENGLAND, 635; ITALY, 572; AND
FRANCE, 506; PER CAPITAL PER YEAR. MOST OF THESE COUNTRIES ALSO
PROJECT WASTE VOLUME GROWTH RATES IN THE RANGE OF 5 TO 8% YEARLY.
THERE EXISTS NO WAY OF ACCURATELY ASSESSING THE OVERALL SOLID WASTE
VOLUME PROBLEM ON A WORLD WIDE SCALE. ACCORDING TO WHITMAN BASSOW,
EXECUTIVE DIRECTOR OF THE CENTER FOR INTERNATIONAL ENVIRONMENT
INFORMATION, OF THE UN ASSOCIATION OF THE U.S., WHO IS CURRENTLY SETTING
UP A UN-SPONSORED INFORMATION REFERRAL SERVICE FOR ENVIROMNENTAL
INFORMATION, VERY FRW COUNTRIES WEIGH THEIR SOLID WASTES AND FEWER STILL
MAKE ANY ATTEMPT TO CORRELATE WASTE PRODUCED TO POPULATION.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 004 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
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AND BASLOW SAYS THAT MOST EXPERTS TEND TO QUESTION THE VALIDITY OF
THOSE FIGURES GATHERED, BECUASE IN MANY COUNTRIES MOST AGRICULTURAL
WASTES ARE DISPOSED OF ON SITE (WHERE WASTES ARE GENERATED) AND THUS ARE
NOT CONSIDERED PART OF THE TOTAL WASTE PROBLEM. THE SAME HOLDS TRUE FOR
WASTES FROM MINING AND QUARRYING (WHICH FORM A LARGE PART OF THE SOLID
WASTE PROBLEM); WASTE TONNAGE FROM THESE SOURCES USUALLY GOES TO A
SPOILS PILE, AND IS USED FOR LANDFILL OR SOME OTHER PURPOSE -- THUS IT
IS CONSIDERED RETURNED TO NATURE AND ALSO NOT FIGURED INTO SOLID WASTE
MANAGEMENT CALCULATIONS.
RALP BLACK, DIRECTOR OF THE OFFICE OF STATE AND LOCAL AFFAIRS, OFFICE
OF SOLID WASTE MANAGEMENT, U. S. ENVIRONMENTAL PROTECTION AGENCY (EPA),
CONJECTURES THAT THE ONLY SOUND BASIS FOR STUDYING SOLID WASTE PROBLEMS
OR THE AMOUNT OF SOLID WASTE PRODUCED BY ANY AREA IS TO STUDY THE GNP
AND TE POPULATION. ACCORDING TO A RECENT STUDY MADE 0Y AEROJET GENERAL
CORP. AND ENGINEERING SCIENCE INC. FOR EPA, 0.9% OF THE GNP OF AN AREA
GOES INTO THE SOLID WASTE AREA -- THAT IS, THE AMOUNT FOR COLLECTION AND
OTHER OPERATIONS BY A CITY AS WELL AS THE COST TO INDUSTRY FOR THE
COLLECTION AND DISPOSAL OF SOLID WASTES. ALTHOUGH THIS ESTIMATE
PERTAINS TO THE U.S., BLACK ESTIMATES THE 0.9% FIGURE CAN VALIDLY BE
EXTENDED TO OTHER DEVELOPED COUNTRIES.
AS THE MOST HIGHLY INDUSTRIALIZED NATION IN THE WORLD TODAY, THE U.S.
USES MORE MATERIALS, PRODUCES MORE FINISHED GOODS, AND GENERATES MORE
WASTES THAN ANY OTHER NATION IN HISTORY. ITS ECONOMY CONSUMES MORE THAN
50% OF EARTH'S DEVELOPED RESOURCES TO PRODUCE GOODS FOR ONLY 7% OF THE
WORLD'S POPULATION.
OUR AFFLUENT U.S. SOCIETY, WITH ITS THROWAWAY OUTLOOK, DISCARDS AFTER
A ONE-TIME USE OVER 250 MILLION TONS OF RESIDENTIAL, COMMERCIAL, AND
ISTITUTIONAL WASTE MATERIAL EACH YEAR, INCLUDING MORE THAN 60 BILLION
METAL CANS, 46 BILLION GLASS CONTAINERS, 65 BILLION METAL BOTTLE CAPS, 7
MILLION AUTOMOBILES, 200 MILLION TIRES, 30 MILLION TONS OF PAPER, 4
MILLION TONS OF PLASTICS, AND 7.6 MILLION TV SETS. NOT ONLY ARE TEESE
DISCARDED MATERIALS LOST AS COMMODITIES OF ECONOMIC VALUE, THEY ALSO
CREATE ENVIRONMENTAL, HEALTH, AND URBAN MANAGEMENT COSTS OF OVERWHELMING
PROPORTIONS. ONLY ABOUT 190 MILLION TONS OF THE NATION'S URBAN OR
MUNICIPAL WASTES ARE EVEN HAULED AWAY FOR DISPOSAL, YET THE COST ALREADY
IS OVER $6 BILLION EACH YEAR AND MOST EXPERTS BELIEVE IT WILL CLIMB TO
$9.7 BILLION BY 1980.
THE COLLECTION, DUMPING, BURNING OR BURYING OF MUNICIPAL WASTES
REPRESENTS AN EXTRAVAGANT DESTRUCTION OF BILLIONS OF DOLLARS WORTH OF
PRECIOUS BY-PRODUCTS OF THIS PLANET'S FINITE NATURAL RESOURCES. THE
PROSPECT FOR THE PROBLEM EVENTUALLY TO LEVEL OFF APPEARS DIM.
ACCORDING TO U.S. BUREAU OF CENSUS FIGURES, ABOUT 70% OF THE 1970
POPULATION WAS CONCENTRATED IN METROPOLITAN AREAS. BY 2000, IT IS
EXPECTED 85% OF THE POPULATION THEN WILL RESIDE IN METROPOLITAN AREAS
(SEE CAPTER 2.)
PICTURE OMITTED.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 005 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106653
HEARING
TRANSCRIPT
SENATE
THUS, LIKE PEOPLE, WASTES WILL BE CONCENTRATED, AND IN AREAS WHERE
THE GREATEST PROBLEMS ALREADY EXIST: WHERE LAND SIMPLY IS NOT AVAILABLE
OR IS TOO COSTLY TO USE FOR WASTE DISPOSAL; WHERE LABOR COSTS ARE
HIGHEST; AND WHERE MANY OTHER DEMANDS COMPETE FOR THE TAX DOLLAR.
ONE OF THE MAIN FACTORS IN CONCENTRATING WASTE IN URBAN AREAS IS THAT
URBAN LIFE GENERATES A DEMAND FOR CONVENIENCE. CHEAP DISPOSABLE
PRODUCTS, WHICH USUALLY INVOLVE A WASTE OF MATERIALS, WILL BE BOUGHT FOR
CONVENIENCE WHEN AVAILABLE. CITIES ALSO REQUIRE ELABORATE SYSTEMS FOR
MOVING AND STORING MATERIALS FROM POINTS OF PRODUCTION TO POINTS OF
CONSUMPTION. THESE SYSTEMS GENERATE LARGE AMOUNTS OF SOLID WASTES. BY
WAY OF CONTRAST, IN RURAL LIFE, CONSUMPTION OF FOOD, FOR EXAMPLE, TAKES
PLACE NEAR THE POINT OF PRODUCTION WITH FAR LESS NEED FOR PACKAGING OR
PRESERVATION. URBAN DWELLERS GENERATE 20% MORE WASTE PER CAPITA THAN DO
RURAL POPULATIONS.
RENE DUBOS, THE EMINENT MICROBIOLOGIST AND 1969 PULITZER PRIZE
WINNER, WARNED, "IF THIS VAST AND RISING TIDE OF SOLID WASTES IS NOT TO
BURY SOCIETY, THE THE WAY IN WHICH THE SEVEN CITIES OF UR OF THE
CHALDEES HAVE BEEN SUCCESSIVELY BURIED UNDER THE DETRITUS OF SEVEN
LEVELS OF CIVILIZATIONS, TWO PROBLEMS MUST BE SOLVED. THE FIRST, AND IN
MANY WAYS THE MOST FORMIDABLE, IS TO COLLECT THE STUFF, WHICH MODERN MAN
HAS LEFT BEHIND HIM LIKE THE SLIME OF A MOVING SNAIL. THE SECOND IS TO
DISPOSE OF MAN'S WASTES IN SUCH A WAY AS NOT TO ADVERSELY AFFECT HIS
TOTAL ENVIRONMENT -- AND THIS UNQUESTIONABLY MEANS TAKING INTO ACCOUNT
THE CONVERSATION OF OUR PRECIOUS AND EXHAUSTIBLE RESOURCES."
FINITE RESOURCES
THE PRESENT ENERGY PREDICAMENT AND GRWOING SHORTAGES OF KEY MATERIALS
FOR U.S. INDUSTRY IS THE LEGACY OF DECADES OF INATTENTION TO THE
DEVELOPING PROBLEMS; BELATED RECOGNITION THAT U.S. DEMANDS WERE RAPIDLY
OUTSTRIPPING SUPPLIES; ENVIRONMENTAL COTROVERSIES; AND A FAILURE TO
PLAN LONG-TERM RESOURCE DEVELOPMENT PROGRAMS. "WE HAVE BEEN CONSUMING
OUR CAPITAL, RATHER THAN OUR EARNINGS," SAYS ARSEN DARNAY, DEPUTY
ASSISTANT ADMINISTRATOR FOR SOLID WASTE MANAGEMENT PROGRAMS, EPA. "THE
LIFE PATTERNS OF THE INDUSTRIALIZED WORLD HAVE PUT US FAR OUT ON A LIMB.
WHILE OUR POPULATION INCREASES LESS THAN 1% A YEAR, OUR CONSUMPTION OF
PRODUCTS GROWS BETWEEN 4 AND 6% A YEAR. MOST OF THE ENERGY AND MANY OF
THE MATERIALS WE USE ARE DERIVED FROM NONRENEWABLE DEPOSITS."
OPTIMISTS FORESEE A DAY IN THE NOT-TOO-DISTANT FUTURE WHEN GROUND-UP
SOLID WASTES WILL BE SIMPLY FLUSED DOWN TE DRAIN OR FED INTO A PNEUMATIC
TUBE SYSTEM THAT WILL CONVEY MAN'S REFUSE TO VACUUM CHAMBERS, THERE TO
BE VAPORIZED BY ATOMIC FUSION TORCHES. ACCORDING TO THESE FUTURISTS,
WASTE MATERIALS FED INTO THIS SUPERHOT SYSTEM WILL BE BROKEN DOWN INTO
BASIC ELEMENTS OF OXYGEN, HYDROGEN, CARBON, ALUMINUM, IRON, SILICON, AND
OTHER REOCVERABLE MATERIALS, TO BE SEPARATED, COLLECTED, AND
RECONSTITUTED IN WHAT WOULD BECOME ESSENTIALLY A CLOSED,
SELF-PERPETUATING SYSTEM.
HOWEVER, THERE IS NO EVIDENCE YET OF AN IMPENDING BREAKTHROUGH IN THE
TECHNOLOGY THAT WILL PERMIT THE CONSTRUCTION OF THIS DEVICE. THERE IS,
THOUGH, STRONG EVIDENCE THAT BY 1980 THE AMOUNT OF GARBAGE THAT AMERICA
GENERATES WILL BE MORE THAN DOUBLE WHAT IT IS TODAY.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 006 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106654
HEARING
TRANSCRIPT
SENATE
A RECENT PROJECTION OF WASTE LOADS, MADE BY ARTHUR D. LITTLE, INC.
FOR EPA, INDICATES THAT THE RATE PER CAPITA OF REFUSE GENERATED IN THE
U.S. OVER THE NEXT 30 YEARS WILL INCREASE MORE THAN 70%. THIS WILL BE
COMPOUNDED BY INCREASING POPULATION, SO THAT THE ESTIMATED TOTAL
QUANTITY IS EXPECTED TO INCREASE BY A FACTOR OF 2.65. SIMILAR ESTIMATES
ARE BEING PROJECTED FOR MOST OTER DEVELOPED NATIONS. IN WEST GERMANY,
FOR EXAMPLE, THE RATE OF INCREASE IN DOMESTIC AND COMMERCIAL SOLID UASTE
IS EXPECTED TO BE SOME FOUR TIMES HIGHER THAN THAT OF THE U.S. ONE
REASON FOR THE SHARP PROJECTED INCREASE, SAYS WILHELM HANGER, DIRECTOR
OF THE CENTRAL WASTE DISPOSAL DEPARTMET. BERLIN HEALTH AUTHORITY, IS
THE RELATIVELY RECENT DEVELOPMENT OF THROWAWAY PACKAGING IN WEST
GERMANY.
TECHNOLOGICAL FORECASTING AND POPULATION FORECASTING ARE RISKY --
ESPECIALLY IN THE SOLID WASTES FIELD. REFUSE MUST BE REGARDED AS THE
END PRODUCT ON AN INDUSTRIAL PROCESS WITH A WIDE VARIETY OF RESIDUALS
GENERATED AT ALMOST EVERY STAGE IN THE PRODUCTION AND CONSUMPTION OF
GOODS AND SERVICES. ALTHOUGH THESE RESIDUALS MAY CHANGE IN FORM, THEY
DO NOT DISAPPEAR. THEIR TOTAL WEIGHT REMAINS THE SAME. SOLID WASTE MAY
BE CONSIDERED THE IRREDUCTIBLE LIMITING FORM OF RESIDUALS. THUS, AS AIR
AND WATER RESOURCES ARE MORE AND MORE TREATED TO MEET INCREASINGLY RIGID
STANDARDS, GREATER AND GREATER QUANTITIES OF SOLID WASTES WILL HAVE TO
BE MANAGED. COLLECTION AND CONSERVATION PROBLEMS ARE SURE TO BE AROUND
FOR SOME TIME TO COME.
THE PROBLEM IS MANAGEMENT
THE SOLID WASTE PROBLEM IS NOT AMENABLE TO SIMPLE SOLUTIONS. NO
MAGIC WAY EXISTS TO GET RID OF WASTE PRODUCTS. LAUNCHING GARBAGE INTO
OUTER SPACE, SINKING REFUSE 30 MILES OUT AT SEA OR EVEN FILLING UP
ABANDONED MINES WITH WASTES WILL NOT SOLVE THE PROBLEM.
WHAT IS NEEDED ARE PRACTICAL, POSSIBLE, IMMEDIATE, ECONOMIC SOLUTIONS
TO THE MOUNTING PROBLEMS OF SOLID WASTE PRODUCTION AND EXCESSIVE
CONSUMPTION OF IRREPLACEABLE NATURAL RESOURCES. IT MEANS COMING TO
GRIPS WITH THE TOTAL SOLID WASTE MANAGEMENT PROBLEM.
DESPITE THE AWESOME PREDICTIONS AND THE INADEQUACIES OF TODAY'S SOLID
WASTE DISPOSAL METHODS, TECHNOLOGICAL SOLUTIONS TO THE PROBLEMS DO
EXIST. THE CHALLENGE LIES IN REDUCING THE QUANTITY AND CHANGING THE
CHARACTERISTICS OF WASTE PRODUCTS; IN STREAMLINING THE ENTIRE OPERATION
- COLLECTION, TRANSFER, SEPARATION, AND DISPOSAL; AND IN PROMOTING
GREATER USE AND RECYCLING OF MORE WASTE MATERIALS.
PICTURE OMITTED.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 007 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106655
HEARING
TRANSCRIPT
SENATE
MOST OF THE TECHNOLOGY FOR TRANSFORMING TODAY'S WASTES INTO
MARKETABLE PRODUCTS "NEEDS ONLY TRIAL, REFINEMENT, APPLICATION, AND
DEDICATION TO A COMMITMENT OF RESOURCE RECOVERY AND CAPITAL INVESTMENT,"
SAYS RICHARD L. CHENEY, PAST PRESIDENT OF THE GLASS CONTAINER
MANUFACTURERS INSTITUTE, INC.
CHENEY SAYS THAT A SUCCESSFUL APPROACH TO THE SOLID WASTE PROBLEM
"MUST BE TOTAL IN CONCEPT AND EXECUTION. ANY PIECEMEAL ATTACK IS
PRE-DOOMED TO FAILURE. OUR GOAL MUST BE TO SALVAGE AND RECYCLE ALL THE
REUSABLE COMPONENTS OF SOLID WASTE." THE MAIN BARRIER NOW TO ACHIEVEMENT
OF SUCH A GOAL IS THE FACT THAT INDUSTRY, THE SECTOR OF THE ECONOMY WITH
THE TECHNICAL CAPACITY TO DO THE JOB, DOES NOT YET HAVE THE ECONOMIC
INCENTIVE TO MAKE USE OF THIS VAST QUANTITY OF POTENTIALLY RECOVERABLE
RESOURCES. THE PUBLIC IS UNWILLING TO INCONVENIENCE ITSELF OR SPEND THE
MONEY TO SOLVE THE PROBLEM, AND THE FEDERAL GOVERNMENT IS TOO APATHETIC
TO PROVIDE ADEQUATE FUNDS TO IMPLEMENT THE RESOURCE RECOVERY ACT THAT
CONGRESS ENACTED IN 1970.
CREATIVE MANAGEMENT
IMPLEMENTATION OF A RESOURCE RECYCLING AND RECOVERY PROGRAM REQUIRES
TOTALLY NEW MANAGEMENT PRACTICES. REFUSE TODAY IS STILL HANDLED MUCH
THE SAME WAY IT WAS OVER 100 YEARS AGO, RELYING PRIMARILY ON THE GARBAGE
MAN, HIS TRUCK AND, ALL TOO OFTEN, THE CITY DUMP.
UNTIL RECENTLY, DUMPING, BURNING AND BURYING WERE THE ONLY
ALTERNATIVES. DUMPS, THE LEAST EXPENSIVE, BLIGHT COMMUNITIES, PRODUCE
UNSIGHTLY LANDSCAPES, LOWER PROPERTY VALUES, ENDANGER GROUNDWATER
QUALITY AND CREATE HEALTH HAZARDS BY HARBERING INSECTS, RODENTS, AND
DISEASE-PRODUCING ORGANISMS. BURNING DUMPS CONTAMINATE THE AIR
WITHUNBURNED PARTICLES AND GASES. POORLY ENGINEERED AND OPERATED
LANDFILLS POSE SIMILAR PROBLEMS. INEFFICIENTLY OPERATED INCINERATORS
GENERATE RESIDUES CONTAINING POTENTIALLY VALUABLE MATERIAL THAT IS LOST
IN EVENTUAL BURIAL, WHILE THE HEAT GENERATED BY BURNING THE WASTES
GENERALLY IS DISSIPATED INSTEAD OF USED.
BUT, AS R.J. RINGWOOD, MANAGER OF PUBLIC ENVIRONMENTAL CONTROL FOR
KAISER ENGINEERS, POINTS OUT, "LONG TERM PLANNING FOR URBAN SOLID WASTE
MANAGEMENT MUST BE ORIENTED TOWARD A DUAL GOAL - REDUCING THE VOLUME OF
MATERIAL TO BE ULTIMATELY DISPOSED OF; AND THE CONSERVATION OF NATURAL
RESOURCES. THE INCINERATION OF URBAN WASTES AND THE RECLAMATION,
REFINING, AND RECYCLING OF METALS AND MINERALS FROM THE INCINERATOR
RESIDUES OFFER ONE ALTERNATIVE THAT IS WELL WITHIN THE REACH OF PRESENT
TECHNOLOGY - A SIGNIFICANT POTENTIAL FOR BOTH THE MANAGEMENT OF A
PORTION OF THE URBAN SOLID WASTE PROBLEM, AND THE CONSERVATION OF
DWINDLING RESOURCES."
THE OBSTACLES TO THE IMPLEMENTATION OF A TOTAL RESOURCE RECOVERY
PROGRAM ARE ECONOMIC AND INSTITUTIONAL, NOT TECHNOLOGICAL. POWERFUL
ECONOMIC DISINCENTIVES TO RECOVERY AND RECYCLING HAVE SERIOUSLY DAMAGED
THE MARKET FOR SECONDARY MATERIALS.
AT PRESENT IN THE U.S. ONLY ABOUT 25% OF MAJOR METALS, PAPER, GLASS,
RUBBER, AND TEXTILES IS RECYCLED. (MUCH LESS IS DONE IN EUROPEAN
COUNTRIES. UNDERDEVELOPED COUNTRIES GENERALLY ENGAGE IN SOURCE
SEPARATION - THAT IS, PEOPLE RUMMAGE THROUGH GARBAGE BY HAND AND TAKE
WHAT THEY WANT, THE REST IS LEFT IN OPEN DUMPS). FOR THE MOST PART,
THESE RECYCLABLE MATERIALS COME FROM PRODUCTION, FABRICATION, AND
MANUFACTURING OPERATORS RATHER THAN FROM OBSOLETE PRODUCTS.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 008 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106656
HEARING
TRANSCRIPT
SENATE
ALTHOUGH THE SALVAGE INDUSTRY IN THE U.S. IS A $3-BILLION BUSINESS,
IT IS BASED ON INDUSTRIAL AND COMMERCIAL WASTES THAT ARE COLLECTED IN
RELATIVELY CLEAN AND WELL SEGREGATED FORMS, AND HAS LITTLE EFFECT ON
MUNICIPAL SOLID WASTES. EVEN WELL-SEGREGATED SECONDARY MATERIALS FACE A
SHRINKING MARKET, THOUGH, BECAUSE NEW INDUSTRIAL PROCESSES DEMAND A MORE
UNIFORM AND HIGH-GRADE SCRAP AND VIRGIN MATERIALS ARE GENERALLY CHEAPER
THAN RECYCLED ONES.
PROPORTIONATELY TO CONSUMPTION, RESOURCE RECOVERY HAS BEEN STEADILY
LOSING GROUND IN VIRTUALLY EVERY MATERIALS SECTOR. ONE OF THE GREAT
CONTRADICTIONS IN MODERN U.S. SOCIETY IS THAT DESPITE AN AWARENESS OF
THE RAPID DEPLETION OF THE NATION'S NATURAL RESOURCES, A TAX STRUCTURE
IS MAINTAINED WHICH ENCOURAGES UTILIZATION OF VIRGIN, IRREPLACEABLE
RESOURCES. THE EXTRACTIVE MATERIALS ENJOY CAPITAL GAINS TREATMENT FOR
PROFITS, DEPRECIATION SCHEDULES, DEPLETION ALLOWANCES, AND OTHER TAX
WRITE-OFFS AS WELL AS FAVORABLE SHIPPING RATES.
LABELING STANDARDS (SPECIFICALLY FOR WOOL AND OIL) FURTHER TEND TO
DISCOURAGE CONSUMER ACCEPTANCE OF RECYCLED MATERIAL - BY IMPLYING LOWER
QUALITY. AND, GOVERNMENT SPECIFICATIONS DO LITTLE TO ENCOURAGE
SUBSTITUTION OF RECYCLED MATERIALS THAT MEET EQUAL OR HIGHER STANDARDS
THAN NEW MATERIALS.
ADDITIONALLY, MOST MODERN INDUSTRIAL SYSTEMS STILL DO NOT NORMALLY
INCLUDE IN THE COST OF WHAT THEY PRODUCE SUCH DISECONOMIES OF PRODUCTION
AND DISTRIBUTION AS THE OVERLOADING OF THE LAND WITH SOLID WASTES, OR
ANY CHARGE FOR EVENTUAL DISPOSAL OF USED UP GOODS. THUS THEY PASS ON A
HIDDEN AND HEAVY COST TO THE COMMUNITY, WHERE IT IS MET EITHER BY HIGHER
TAXATION AND PUBLIC SPENDING OR BY THE DESTRUCTION OF AMENITY. IF THE
HIGH COSTS OF ENVIRONMENTAL IMPACTS AND ENERGY USE ASSOCIATED WITH
VIRGIN MATERIALS USE WERE REFLECTED IN PRODUCTION COSTS, THERE WOULD BE
MORE RECYCLING, MOST EXPERTS AGREE.
FORMER EPA ADMINISTRATOR WILLIAM D. RUCKELSHAUS CLAIMED WE STILL RELY
ON A PRIMITIVE WASTE MANAGEMENT SYSTEM BECAUSE "WE APPLIED THE BEST
TECHNICOLOGY . . . TO EVERY STEP IN THE PRODUCTION, MARKETING, AND
DISTRIBUTION OF CONSUMER PRODUCTS . . . BUT WE FORGOT TO TAKE INTO
ACCOUNT THE FINAL STEP IN THE PROCESS. WE FAILED TO APPLY EITHER MODERN
TECHNOLOGY OR MODERN MANAGEMENT TO THE ULTIMATE DISPOSITION OF OUR
ABUNDANCE."
ALTERNATIVE SOLUTIONS
LOOKING AHEAD FOR AN ALL INCLUSIVE SOLUTION TO THE SOLID WASTE
PROBLEM COMPOUNDS AN ALREADY HIGHLY COMPLEX SITUATION. EACH EXPERT IS
READY TO DEFEND TO THE DEATH HIS PROPOSAL FOR SOLVING A PROBLEM THAT HAS
BEEN AROUND SINCE THE DAWN OF MAN. THREE OF THE MORE POPULAR THEORIES
AMONG THOSE PROJECTING ENERGY AND SOCIETY NEEDS OF THE FUTURE, AFTER
2000, ARE:
PICTURE OMITTED.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 009 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106657
HEARING
TRANSCRIPT
SENATE
A JAPANESE MODEL THAT ENVISIONS A TOTALLY AUTOMATED SOCIETY WITH HIGH
LIVING STANDARDS THAT SQUANDERS ENERGY AND KNOWS PRACTICALLY NO ECONOMIC
LIMITATIONS. THIS SOCIETY DISCARDS MOST GOODS AFTER ONE USE, THEN
INCINERATES THEM TO GENERATE THERMAL OR ELECTRIC ENERGY.
A U.S. MODEL SEES THE SOLUTIONS TO POLITICAL AND SOCIAL PROBLEMS IN
THE UNIVERSAL USE OF NUCLEAR ENERGY. EVERYTHING USED ONCE WOULD BE
INCINERATED IN A CLOSED CYCLE THAT RECOVERS ENERGY.
NORWEGIAN AND CHINESE MODELS LACK BOTH THE GIGANTISM AND WASTE OF THE
ABOVE MODELS AND TEND TO RECONCILE TECHNICAL PROGRESS WITH ENVIRONMENT,
IMPOSING ECOLOGICAL AND BIOLOGICAL LIMITATIONS. THRIFTY USE OF NATURAL
RESOURCES; ABANDONMENT OF SOME OF THE ACHIEVEMENTS OF MODERN
TECHNOLOGY, SUCH AS MANY CHEMICALS; WASTE RECYCLING; AND THE USE OF
AUTODEGRADABLE PACKAGINGS ARE ADVOCATED. ELECTROCHEMICAL FUEL CELLS,
RADIONUCLIDES AND SOLAR BATTERIES WOULD BE USED TO GENERATE ENERGY, AND
TECHNOLOGIES INVOLVING ENVIRONMENTAL HAZARDS WOULD BE REPLACED BY
IMPROVED PROCESSES.
REGARDLESS OF THE EVENTUAL OUTCOME OF SUCH FAR-REACHING CONCEPTS,
CURRENT TRENDS IN SOLID WASTE MANAGEMENT SYSTEMS POINT TO THE ULTIMATE
DEVELOPMENT OF HIGHLY COMPLEX REGIONAL REFUSE COLLECTION CENTERS. EACH
WILL SERVE AS THENUCLEUS OF AN INDUSTRIAL PARK WHERE THE COMPONENTS OF
REFUSE WILL BE SEPARATED AND PROCESSED AS RAW MATERIALS FOR RECYCLING
INTO NEW PRODUCTS. SUCH A COMPLEX MIGHT INCLUDE A PAPER MILL, GLASS
PLANT, FOUNDRY OR SMELTER, BUILDING MATERIALS PLANT, BRICKYARD, COMPOST
PLANT, AND ELECTRICAL POWER OR STEAM GENERATING PLANT.
THE SCIENCE OF COLLECTION
A TOTAL APPROACH TO SOLID WASTE MANAGEMENT MUST, OF COURSE, START
WITH GARBAGE COLLECTION. AND, A PROMISING NEW CONCEPT IS THE TRANSFER
STATION - A CENTRALLY LOCATED FACILITY TO WHICH TRASH IS TRANSPORTED FOR
PROCESSING, PARTIAL OR TOTAL SALVAGE, OR COMPACTION FOR RESHIPMENT FOR
FINAL DISPOSAL.
THE MOST CRITICAL ASPECTS OF SOLID WASTE COLLECTION, THOUGH, ARE THE
PRESENT LABOR-INTENSIVE PHASES THAT WILL REQUIRE IMMEDIATE IMPROVEMENT
THROUGH GREATER MECHANIZATION. IT WILL BE IMPOSSIBLE TO OBTAIN THE
HUNDREDS OF THOUSANDS OF WORKERS REQUIRED IN THIS COUNTRY BY 1980 TO MAN
THE PRESENT TYPES OF COLLECTION VEHICLES. AND UNLESS NEW PACKER
TECHNOLOGY IS DEVELOPED NOW, PIPELINE COLLECTION SYSTEMS WILL BE
INEVITABLE AT SOME POINT AFTER 1980.
PICTURE OMITTED.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 010 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106658
HEARING
TRANSCRIPT
SENATE
ALREADY IN SWEDEN, A VACUUM SYSTEM OF GARBAGE DISPOSAL IS BEING USED
IN CONJUNCTION WITH INCINERATION. SIMILAR PNEUMATIC TUBE SYSTEMS
CARRYING REFUSE FROM HOUSING COMPLEXES TO CENTRAL WASTE PROCESSING
FACILITIES ARE IN USE IN SEVERAL NORTH AMERICAN CITIES AND ARE BEING
EVALUATED FOR POTENTIAL LARGE SCALE USE ELSEWHERE.
AND, THERE'S ALMOST NO REASON WHY IN NEW CITIES OR NEW EXTENSIONS OF
OLD CITIES, WHAT HAS BEEN DONE ALREADY FOR UTILITIES IN GENERAL CAN'T BE
DONE SPECIFICALLY FOR GARBAGE. IT SHOULD NOT BE BEYOND MODERN
ENGINEERING CAPABILITIES TO PUT GARBAGE CONVEYANCE SYSTEMS UNDERGROUND.
BY INSTALLING GARBAGE GRINDERS IN HOMES IN SUCH AREAS, PULPED WASTE
COULD EASILY BE TRANSPORTED TO A CENTRAL PROCESSING PLANT AS A SLURRY
THROUGH A PIPELINE SYSTEM. OR IT COULD BE CHUTED TO TUNNELS ALONG WHICH
MOVING CONVEYORS COULD TAKE OFF SOLID WASTES IN A SELECTIVE PROCESS OF
SEPARATION, WITH EACH STEP BASED ON A PARTICULAR PROPERTY OF EACH
MATERIAL TO BE SEPARATED (IRON AND STEEL EXTRACTED BY MAGNETS, PAPER AND
PLASTICS BY AIR CLASSIFICATION, AND NON-FERROUS METALS, GLASS, AND
ORGANIC MATERIALS BY DENSE MEDIA SEPARATION AND SCREENING) FOR ULTIMATE
REUSE.
BY DIVERTING RECOVERABLE MATERIALS FROM THE CONVENTIONAL SOLID WASTE
CHANNEL, THE QUANTITY OF MIXED WASTE COULD BE DECREASED. DISCARDED
WASTE THUS WOULD CONSTITUTE THAT PORTION THAT WOULD BE LEAST LIKELY TO
FIND MARKETS, AND MORE THAN LIKELY NONRECYCLABLE UNLESS USED AS
FERTILIZER OR ENERGY. FOR THE LATTER USE, IT WOULD BE ESPECIALLY
ATTRACTIVE SINCE REMOVAL OF METALS AND GLASS WOULD RESULT IN AN INCREASE
IN HEAT VALUE OF THE INCOMING WASTE STREAM AND MAKE IT A BETTER FUEL FOR
GENERATING STEAM OR ELECTRIC POWER.
THE COMBINATION OF DWINDLING RESERVES OF LOW-SULFUR FUEL AND THE HIGH
COST OF SOLID WASTE DISPOSAL DICTATES THE USE OF REFUSE AS AN ENERGY
SOURCE. IT HAS THE POTENTIAL VALUE OF $6 TO $9 PER TON AS FUEL AND
COULD PROVIDE UP TO 6% OF OUR NATIONAL ENERGY NEEDS. REFUSE HAS AN
AVERAGE HEATING VALUE OF 4,500 BTU/LB COMPARED WITH VALUES OF AROUND
7,800 AND 13,000 BTU/LB FOR WOOD AND COAL RESPECTIVELY.
ACCORDING TO THE U.S. BUREAU OF MINES, THE TOTAL DRY WASTE PRODUCED
IN THIS COUNTRY EACH YEAR (940 MILLION TONS, INCLUDING URBAN REFUSE), IS
EQUIVALENT TO 3.2 MILLION BARRELS OF OIL PER DAY OR 9.4 TRILLION CU FT
OF GAS PER YEAR. ALTHOUGH DIFFICULTIES OF COLLECTING WASTES PRECLUDE
THE PRESENT REALIZATION OF THESE QUANTITIES, SOLID WASTE BURNING FOR
HEAT OR FOR METHANE (IN AN OXYGEN-FREE ATMOSPHERE) IS TECHNOLOGICALLY
POSSIBLE, AND IN CERTAIN CIRCUMSTANCES, ECONOMICALLY FEASIBLE.
TOMORROW'S SYSTEMS
THE REORIENTATION OF MATERIALS-USE PATTERNS WILL NOT BE PAINLESS
ECONOMICALLY. RESOURCE RECOVERY SYSTEMS, AS SHORT-RANGE SOLUTIONS TO
SOLID WASTE DISPOSAL PROBLEMS, CANNOT BE SELF-SUSTAINING ECONOMIC
OPERATIONS.
DIAGRAM OMITTED.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 011 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106659
HEARING
TRANSCRIPT
SENATE
MICROFORM REFILMED; SEE APPENDICES
BUT WHERE INCINERATION, REMOTE LANDFILL, OR OTHER HIGH-COST WASTE
DISPOSAL IS NECESSARY, RESOURCE RECOVERY MAY OFFER AN ECONOMICALLY
VIABLE ALTERNATIVE.
ULTIMATELY, MANY WASTE MANAGEMENT SYSTEMS WILL EXIST, EACH ONE GEARED
TO THE SPECIFIC NEEDS OF THE COMMUNITY IT IS DESIGNED TO SERVE.
SOME OF THE MORE PROMISING PROPOSALS ADVANCED AS ALTERNATIVES TO
CONVENTIONAL INCINERATION AND SANITARY LANDFILLS INCLUDE: INCINERATION
WITH RECOVERY OF MATERIALS FROM RESIDUE; INCINERATION WITH HEAT
RECOVERY USED TO PRODUCE STEAM; INCINERATION WITH HEAT RECOVERY USED TO
GENERATE ELECTRIC POWER; PYROLYSIS, WITH OIL AND CHAR RECOVERY FROM THE
COMBUSTION OF GASES AND THE RECOVERY OF INORGANIC MATERIALS FROM THE
MIXED WASTE; FUEL PRODUCTION, WHERE MAGNETIC MATERIALS ARE REMOVED FROM
THE MIXED WASTE AND THE BALANCE IS USED AS A SUPPLEMENTARY FUEL;
CHEMICAL CONVERSION; COMPOSTING WITH PRODUCTION OF HUMUS AND RECOVERY
OF INORGANIC MATERIALS; AND COMPREHENSIVE MATERIALS RECOVERY, WHERE
MIXED REFUSE IS SEPARATED INTO ITS MARKETABLE COMPONENTS. IN PRACTICE,
ANY OF THESE SYSTEMS WOULD BE COMBINED WITH SOME FORM OF SOURCE
RECOVERY, SUCH AS SEPARATING CANS OR BOTTLES FOR COLLECTION BY SCRAP
DEALERS.
HEAT RECOVERY: TECHNOLOGY FOR HEAT RECOVERY FROM MUNICIPAL
INCINERATORS IS WELL ESTABLISHED AND IN USE IN SEVERAL COUNTRIES,
NOTABLY FRANCE, GERMANY, SWITZERLAND, AND JAPAN. IN THE U.S., THE
MELT-ZIT INCINERATOR HOLDS PROMISE FOR GENERATING STEAM FROM MUNICIPAL
WASTE, OPERATING AT ULTRA-HIGH TEMPERATURES (ABOUT 3,000 F) BY BURNING
AUXILIARY FUEL. COMBUSTIBLES IN WASTE ARE COMPLETELY BURNED AND ALL
METALS, GLASS, AND OTHER NONBURNABLES ARE MELTED AND THEN WATER-QUENCHED
TO REDUCE RESIDUE TO A LAVA-LIKE MATERIAL. MALDEN, MASS., IS OPERATING
A PILOT PLANT AT PRESENT. IN THESE SYSTEMS HEAT ENERGY IS RECOVERED IN
THE FORM OF STEAM, WHICH IS DELIVERED AS PRODUCED. TRANSPORT DISTANCES
ARE LIMITED. SUCH SYSTEMS REQUIRE NEARBY CUSTOMERS WHOSE STEAM NEEDS
MATCH THE PARTICULAR INCINERATOR OPERATING SCHEDULE. RESIDUE FROM THESE
SYSTEMS IS DISPOSED OF IN SANITARY LANDFILLS.
ELECTRICAL GENERATION: IN SOME INCINERATION SYSTEMS PART OR ALL OF
THE STEAM IS CONVERTED INTO ELECTRICITY. MILAN, ITALY, IS PRODUCING
POWER THIS WAY FOR OPERATING ITS ENTIRE MUNICIPAL TRANSPORTATION SYSTEM.
ALMOST ANY COMBUSTION PROCESS THAT PRODUCES LARGE QUANTITIES OF WASTE
HEAT OFFERS AN OPPORTUNITY FOR ELECTRICAL GENERATION. A PROMISING NEW
SYSTEM IS THE CPU-400, DEVELOPED BY COMBUSTION POWER CO., WHICH HAS A
PILOT PLANT NOW IN OPERATION AT MENLO PARK, CALIF. REFUSE, SHREDDED AT
THE PLANT, PASSES THROUGH AIR CLASSIFIERS THAT SEPARATE NONCOMBUSTIBLES
FROM COMBUSTIBLES, WHICH ARE IN TURN FED INTO FLUID-BED COMBUSTORS AT
1,800 F. HOT COMBUSTION GASES ARE THEN USED IN TURBINE GENERATORS.
WHEN A SUITABLE MARKET EXISTS FOR ELECTRICAL ENERGY, THIS CONCEPT OFFERS
THE HIGHEST VALUE OF RECOVERED RESOURCES OF ALL PROPOSED SYSTEMS.
PYROLYSIS: CONSIDERABLE POTENTIAL EXISTS FOR REFORMING, BY
PYROLYSIS, THE ORGANIC PORTION OF MUNICIPAL SOLID WASTES INTO LOWER
MOLECULAR WEIGHT COMPOUNDS HAVING SIGNIFICANT ECONOMIC VALUE. HIGH
TEMPERATURES AND LACK OF OXYGEN IN THE PROCESS RESULT IN A CHEMICAL
BREAKDOWN OF ORGANIC MATERIALS INTO THREE COMPONENT STREAMS: A GAS
CONSISTING PRIMARILY OF HYDROGEN, METHANE, CARBON MONOXIDE, AND CARBON
DIOXIDE; A TAR OR OIL THAT IS LIQUID AT ROOM TEMPERATURE AND INCLUDES
ORGANIC CHEMICALS SUCH AS ACETIC ACID, ACCTONE, AND METHANOL; AND CHAR,
CONSISTING OF ALMOST PURE CARBON PLUS ANY INERTS (GLASS, METALS, ROCK)
THAT ENTER THE PROCESS.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 012 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106660
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SENATE
FUEL RECOVERY: MIXED MUNICIPAL WASTES TYPICALLY HAVE HEATING VALUES
AROUND 4,500 BTU/LB RECEIVED. THE FUEL RECOVERY CONCEPT IS A
STRAIGHFORWARD MATERIALS PREPARATION, STORAGE, AND TRANSPORT SYSTEM,
WITH MINIMAL INVESTMENT, LOW OPERATING COSTS, LOW RESOURCE VALUES (BUT
GOOD MARKET POTENTIAL) AND LOW OVERALL DISPOSAL COSTS. TOTAL CAPITAL
INVESTMENT IS LOWER THAN ANY OTHER SYSTEM. ONE OF THE MOST PROMISING OF
SUCH SYSTEMS IS THE HORNER-SHIFRIN DESIGN TO RECOVER FUEL AND MAGNETIC
METALS FROM MIXED MUNICIPAL WASTES. RECOVERED FUEL SUPPLEMENTS FUEL IN
PULVERIZED-COAL-FIRED POWERPLANT BOILERS. A FULL-SCALE DEMONSTRATION
PLANT IS IN OPERATION IN ST. LOUIS. FUEL PRODUCED FROM REFUSE WOULD NOT
OFTEN ACCOUNT FOR MORE THAN 10% OF A UTILITY'S TOTAL FUEL CONSUMPTION.
THIS IS THE ONLY RECOVERY CONCEPT THAT IS PRESENTLY COMPETITIVE WITH
SANITARY LANDFILL.
CHEMICAL CONVERSION: MUNICIPAL REFUSE CAN ALSO BE CONVERTED INTO
USABLE PRODUCTS BY NEWLY EMERGING CHEMICAL SYSTEMS. THESE PROCESSES,
WHICH INCLUDE HYDROLYSIS, HYDROGENATION, WET OXIDATION,
PHOTODEGRADATION, AND ANAEROBIC DIGESTION, USE ONLY THE CELLULOSIC
PORTION OF MUNICIPAL REFUSE AND THEREFORE PRETREATMENT OF RAW REFUSE IS
REQUIRED.
COMPOSTING: AISDE FROM RECOVERING HEAT FROM THE INCINERATION OF
MIXED MUNICIPAL WASTES, COMPOST PRODUCTION HAS YET TO BE FULLY
EXPLOITED. ALTHOUGH THE CONCEPT POTENTIALLY IS ONE OF THE MOST
PROFITABLE, TO DATE IT PROBABLY IS ONE OF THE LEAST PROFITABLE OF ALL
APPROACHES TO RESOURCE RECOVERY. THE MOST SUCCESSFUL COMPOST METHOD IN
THE U.S. IS THE FAIRFIELD-HARDY PROCESS WHEREIN REFUSE IS GROUND,
DEWATERED, THEN DIGESTED WITH SEWAGE SLUDGE, PELLETIZED AND DRIED.
HOWEVER, PRODUCTION AND DISTRIBUTION COSTS STILL GIVE CHEAPER CHEMICAL
CONDITIONERS THE COMPETITIVE EDGE OVER HUMAN FOR LARGE-SCALE FARMING.
COMPREHENSIVE MATERIALS RECOVERY
WHEN STRONG LOCAL MARKETS EXIST FOR SECONDARY MATERIALS, THEN THIS IS
PROBABLY THE MOST LOGICAL CONCEPT AND MAYBE AN ATTRACTIVE ALTERNATIVE TO
INCINERATION. MOST MAJOR U.S. CITIES SPEND FROM $20 TO $30 TO COLLECT A
TON OF WASTE; DISPOSAL ADDS ANOTHER $5 TO $10 TO THIS COST. ONE WAY OF
REDUCING THESE COSTS WOULD BE BY RECYCLING. TWO MOST PROMISING CONCEPTS
IN THIS AREA ARE THE BLACK CLAWSON CO'S HYDRAPOSAL/FIBRECLAIM AND A
BUREAU OF MINES DEVELOPED INCINERATOR RESIDUE-RECOVERY SYSTEM. A PILOT
BLACK CLAWSON SYSTEM IS NOW ON LINE AT FRANKLIN, OHIO (OTHER SITES ARE
UNDER CONSIDERATION).
PICTURE OMITTED.
STATEMENT OF LEONARD L
WILL SOLID WASTES BURY US?
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 013 OF 13
LEONARD L STATE SENATOR, WV MACDONALD J A
STATE OF WEST VIRGINIA STATE SENATE
106661
HEARING
TRANSCRIPT
SENATE
THE SYSTEM ACCEPTS RAW MUNICIPAL WASTES, REMOVES PAPER AND OTHER
FIBROUS MATERIALS IN THE FORM OF REUSABLE PULP, RECOVERS METALS AND
GLASS, AND BURNS NONRECOVERABLE ORGANIC MATERIALS IN A FLUID-BED
COMBUSTER. THE BUREAU OF MINES SYSTEM REMOVES IRON AND NONFERROUS
METALS AND GLASS FROM WET INCINERATOR RESIDUE.
KEY TO THE SUCCESS OF ANY RECOVERY SYSTEM IS THE COMBINATION OF A
RESTRUCTURED MATERIALS TAX SYSTEM THAT CREATES INCENTIVES FOR REUSING
WASTE IN NEW PRODUCTS; ULTIMATE DISPOSAL CHARGES INCLUDED IN THE COST
OF PRODUCTION AND DISTRIBUTION OF GOODS; AND THE IMPOSITION OF
PENALTIES WHERE NECESSARY TO DETER DISPOSAL OF WASTES OUTSIDE A TOTAL
RECOVERY SYSTEM.
IF SOLID WASTE COMPONENTS SUCH AS ALUMINUM, PAPER, GLASS, AND STEEL
CAN BE EFFICIENTLY SORTED OUT OF THE SOLID WASTE STREAM, THEY CAN BE
ECONOMICALLY CONVERTED INTO SALABLE PRODUCTS. ALUMINUM CANS CAN BE
PROCESSED DIRECTLY BACK INTO THE PRODUCTION CYCLE. PAPER, THE LARGEST
COMPONENT OF REFUSE, CAN EASILY BE REUSED FOR CARDBOARD AND NEW PAPER.
GLASS CAN BE GROUND UP AND REUSED TO MAKE NEW GLASS OR IT CAN BE USED AS
LIGHT-WEIGHT AGGREGATE IN PAVING AND BUILDING MATERIALS. RESEARCH UNDER
WAY POINTS TO SUCH OTHER PRACTICAL USES AS ROAD SURFACING MATERIALS,
GLASS-PHALT, BUILDING BLOCKS, POZZOLAN, BRICKS, CONSTRUCTION PANELS,
POLYMER COMPOSITES FOR EXTRUSION, GLASS WOOL, GLASS CERAMICS. FOAMED
GLASS INSULATION, TILE, SEWER PIPE AND EVEN ARTIFICAL SAND FOR SHORELINE
RECLAMATION.
SEVERAL NEW CONCEPTS FOR RECYCLING AUTO BODIES INCLUDE ONE VERY
PROMISING APPROACH NOW IN USE IN BELGIUM. A NITROGEN-CRYOGENIC METAL
RECOVERY PROCESS EMPLOYS A PRESS TO SQUEEZE CARS, WHICH ARE THEN
PRECOOLED AND FROZEN IN A TUNNEL USING LIQUID NITROGEN. FROM THERE,
VEHICLES ARE MOVED THROUGH A SHREDDER AND A SEPARATOR. THE SEPARATOR
TURNS OUT METAL IN GEOMETRIC SIZES: UP TO 6 MM, 6 TO 25 MM, AND 25 MM
AND UP. THE SYSTEM SEPARATES MATERIAL BY TYPE: CARBON STEEL, CAST
IRON, AND ALLOY STEEL PLUS A SELECTION OF NONFERROUS METALS.
WORN OUT AND DISCARDED TIRES CAN BE RECYCLED THROUGH PROCESSING INTO
RUBBER; USED AS A FUEL TO GENERATE STEAM FOR INDUSTRIAL PROCESSES;
DISTILLED TO RECOVER OILS, CARBON BLACK, OR HYDROCARBON GAS RICH IN
HYDROGEN; MIXED WITH ASPHALT FOR PAVING MATERIALS AND SEALANTS; GROUND
UP AS A SOIL CONDITIONER; USED AS OBSTACLE BUFFERS ON BRIDGES AND
HIGHWAYS; AND DEPOSITED IN THE OCEAN TO BUILD UP ARTIFICAL BARRIER
REEFS.
AT PRESENT, THERE IS LITTLE POSSIBILITY OF RECYCLING PLASTICS FROM
HOUSEHOLD REFUSE ECONOMICALLY. TOO WIDE A VARIETY OF COMPOSITION EXISTS
IN PLASTIC PRODUCTS TO ENABLE INDUSTRY TO RECLAIM MUCH OF THE MATERIAL
DISPOSED OF IN MUNICIPAL WASTE SYSTEMS. SOME EXPERIMENTS INDICATE
POSSIBLE REUSE OF THESE PLASTICS IN CONTAINER OR PIPELINE PRODUCTS.
POLYMERS HAVE HIGH HEAT VALUES AND WILL SUPPORT COMBUSTION, ALTHOUGH
HIGHLY EFFICIENT BURNING OF POLYMERS IS NOT USUALLY POSSIBLE. THE LOW
COST OF THE FUEL, HOWEVER, MAKES HEAT GENERATION ECONOMICALLY
ATTRACTIVE.
TOTAL RECYCLING OF NATURAL RESOURCES FROM THE PROCESSING OF SOLID
WASTE AND GARBAGE IS TODAY A REALITY IN HANDLING MUNICIPAL AND
COMMERCIAL SOLID WASTES. THE CHALLENGE FOR THE FUTURE LIES IN THROWING
OFF PREJUDICES THAT HAVE FETTERED WIDE-SCALE APPLICATION OF RESOURCE
RECOVERY CONCEPTS, AND IN MAKING RESOURCE RECOVERY A NECESSARY PART OF
MATERIALS-USE PRACTICES.
SENATOR RANDOLPH. SO, SENATOR DOMENICI, WHEN YOU SAID THAT IT WAS A
PROBLEM OF STAGGERING PROPORTIONS AND THAT WAS THE ESSENCE ALSO OF THE
REMARKS OF SENATOR STAFFORD, WE DO REALIZE THAT THIS IS A PROBLEM AND IT
IS ONE THAT WE HAVE NOT DEALYED IN OUR ATTEMPT TO COPE WITH, BUT
CERTAINLY WE SHOULD NOT LONGER DELAY THESE HEARINGS AND THE DRAFTING OF
THE BILL WITH THE TEETH IN IT AS SENATOR DOMENICI HAS INDICATED ARE
NEEDED IN THIS PROBLEM.
OUR FIRST WITNESS IS GRANT J. MERRITT, EXECUTIVE DIRECTOR OF THE
MINNESOTA POLLUTION CONTROL AGENCY.
MR. MERRITT, YOU ARE ACCOMPANIED BY KAREN WENDT. WILL BOTH OF YOU
COME TO THE WITNESS TABLE?
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 001 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106662
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SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
/1/ PULP AND PAPER INTERNATIONAL REVIEW, MILLER FREEMAN PUBLICATIONS,
SAN FRANCISCO. JULY 25, 1973.
MR. MERRITT. MR. CHAIRMAN, MEMBERS OF THE PANEL AND SENATOR LEONARD.
AS THE EXECUTIVE DIRECTOR OF THE MINNESOTA POLLUTION CONTROL AGENCY I
WOULD LIKE TO THANK YOU VERY MUCH FOR THE OPPORTUNITY TO TESTIFY HERE
THIS MORNING. I HAVE WITH ME TODAY MS. KAREN WENDT OF OUR SOURCE
REDUCTION STAFF. WE HAVE SUBMITTED A MORE LENGTHY STATEMENT FOR THE
RECORD AND I HAVE TRIED TO KEEP OUR REMARKS THIS MORNING TO A MINIMUM SO
THAT WE MIGHT HAVE SOME QUESTIONS AND MOVE ALONG.
(THE STATEMENT APPEARS AT P. 230.)
MINNESOTA HAS ONE OF THE MOST INNOVATIVE PIECES OF SOURCE REDUCTION
LEGISLATION IN THE COUNTRY. THIS LAW WHICH WAS PASSED BY THE 1973
MINNESOTA STATE LEGISLATURE IS A UNIQUE TEST OF SOURCE REDUCTION
REGULATION BECAUSE IT GIVES A STATE ACENCY AUTHORITY TO REGULATE
PACKAGES AND CONTAINERS BASED ON ENVIRONMENTAL IMPACT.
IN ADDITION IT ALLOWS MINNESOTA TO SEED REGIONAL SOLID WASTE
MANAGEMENT BY WAY OF STATE FINANCIAL ASSISTANCE ON A 50:50 MATCHING
BASIS FOR FEASIBILITY STUDIES, DEMONSTRATION PROJECTS AND PUBLIC
INFORMATION PROGRAMS IN THE AREAS OF RESOURCE CONSERVATION AND RESOURCE
RECOVERY. BECAUSE THE STATE REQUIRES 50 PERCENT MATCHING FUNDS LOCAL
UNITS OF GOVERNMENT MUST ALSO COOPERATE IN RAISING THEIR 50 PERCENT.
RESOURCE CONSERVATION AND SOURCE REDUCTION ARE TWO OF OUR MOST
IMPORTANT GOALS IN MINNESOTA. THE UNITED STATES CONSUMES RESOURCES AT A
RATE FAR EXCEEDING THE REST OF THE WORLD. FOR EXAMPLE IN 1972 THE
UNITED STATES CONSUMED ABOUT 613 POUNDS OF PAPER PER PERSON COMPARED TO
CANADA WHERE THE CONSUMPTION IS APPROXIMATELY 365 POUNDS PER PERSON;
THE SOVIET UNION CONSUMES APPROXIMATELY 64 POUNDS PER PERSON AND
DEVELOPING NATIONS SUCH AS SEVERAL IN AFRICA WHERE THE CONSUMPTION IS
LESS THAN 1 POUND PER PERSON. /1/
CONSUMPTION PATTERNS AND THE RESULTANT AMOUNT OF WASTE GENERATED
COULD BE REDUCED IF AMERICANS WERE WILLING TO SACRIFICE CONVENIENCE
PRODUCTS AND TURN TOWARD PRODUCTS WHICH WOULD EITHER LAST LONGER, COULD
BE REUSED OR HAD BEEN MADE FROM RECYCLED MATERIALS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 002 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106663
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SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
/2/ THE OFFICE OF EMERGENCY PREPAREDNESS, "THE POTENTIAL FOR ENERGY
CONSERVATION," A STAFF STUDY OCTOBER 1972, P. E 24.
I MIGHT ADD, SENATOR RANDOLPH, THE PROJECTIONS YOU JUST GAVE GOING
FROM I BELIEVE 4.5 BILLION TONS PER YEAR TO PERHAPS 12 BILLION TONS PER
YEAR WITHIN THE NEXT FEW YEARS IS CERTAINLY A STAGGERING STATISTIC AND
ONE WHICH CERTAINLY SHOWS THE TIMELY IMPORTANCE OF THESE HEARINGS.
ONLY WITHIN THE LAST DECADE I GUESS HAVE THE GLOBAL ENVIRONMENTAL AND
RESOURCE IMPLICATIONS OF THIS CONSUMPTION BECOME CLEAR. SOMEHOW IT
SEEMS TO US WE MUST CONVINCE THE PUBLIC OF THIS ALARMING WASTE WITH ALL
ITS UGLY IMPLICATIONS AND URGE THEM TO CONSERVE WHERE THEY CAN. MANY OF
THE PEOPLE WHO DO REALIZE THIS PROBLEM CONTINUE TO ABSOLVE THEMSELVES BY
PURCHASING GOODS WHICH THEY ARE TOLD ARE RECYCLABLE. THERE ARE TWO
MISCONCEPTIONS REGARDING THIS RECYCLABLE VERBIAGE. IF THE PRODUCT IS A
NONESSENTIAL ONE AND HAD NOT BEEN MANUFACTURED PRECIOUS ENERGY AND
MATERIAL RESOURCES WOULD NOT HAVE BEEN USED IN THE FIRST PLACE.
THE SECOND MISCONCEPTION RELATES TO THE ACTUAL DEGREE OF RESOURCE
RECOVERY THROUGH RECYCLING. FOR EXAMPLE, IN MINNESOTA TODAY WE ARE
BEING DELUGED BY AN OUT-OF-STATE BEER COMPANY WHICH CLAIMS ITS
CONTAINERS ARE RECYCLABLE. THE PEOPLE OF MINNESOTA ARE BEING DUPED INTO
BELIEVING IT IS OK TO DRINK BEER IN ONE-WAY BOTTLES AND CANS BECAUSE
THEY ARE RECYCLABLE, BUT WE QUESTION WHETHER THEY ARE ACTUALLY BEING
RECYCLED OR WILL BE RECYCLED IN THE FUTURE. WE DOUBT IT.
THESE KINDS OF ADVERTISING AND PUBLIC RELATIONS CAMPAIGNS INVOLVE
HUNDREDS OF THOUSANDS OF DOLLARS IN OUR STATE ALONE. THE MOST
SOPHISTICATED, MIND MANIPULATING TECHNIQUES ARE DESIGNED TO CREATE
WIDESPREAD PUBLIC ACCEPTANCE OF WASTEFUL THROWAWAY CONTAINERS ON THE
GROUNDS THAT THE CONTAINERS ARE RECYCLABLE AND THEREFORE GOOD FOR THE
ENVIRONMENT. WE MUST NOT ALLOW THE PUBLIC TO BE BRAINWASHED INTO
THINKING THAT RECYCLING ALONE IS THE PANACEA FOR ALL OF OUR ENERGY AND
SOLID WASTE PROBLEMS.
THIS IS NOT TO SAY THAT WE DISMISS RESOURCE RECOVERY THROUGH
RECYCLING IN MINNESOTA. ON THE CONTRARY, WE BELIEVE THAT SOURCE
REDUCTION PROGRAMS SHOULD COEXIST WITH RESOURCE RECOVERY PROGRAMS AS
SENATOR STAFFORD HAS POINTED OUT THIS MORNING. I DO WANT TO MENTION,
THOUGH, THAT THE RESOURCE RECOVERY PROCESS ITSELF MAY CREATE UNDESIRABLE
ENVIRONMENTAL IMPACTS OR CONSUME VITAL NATURAL RESOURCES SUCH AS
PETROLEUM OR NATURAL GAS. MUCH GREATER CONSERVATION IS POSSIBLE THROUGH
REGULATIONS AND PROGRAMS WHICH ENCOURAGE THE REDUCTION OF UNNECESSARY
USE OF MATERIALS, THE REUSE AND REPAIRABILITY OF THE PRODUCTS, AND THE
EXTENSION OF PRODUCT LIFETIME. /2/
ANOTHER ISSUE OF VITAL CONCERN TO THE COUNTRY IS ENERGY. I CERTAINLY
AGREE WITH YOUR DESCRIPTION THAT THIS IS AND REMAINS AN ENERGY CRISIS.
MR. CHAIRMAN. THERE IS GREAT EMPHASIS IN THE LEGISLATION BEFORE YOU
TODAY ON ENERGY RECOVERY FROM SOLID WASTE. OUR PRELIMINARY ANALYSIS OF
ENERGY DATA FOR THE COMBUSTIBLE COMPONENT OF SOID WASTE, WHICH IS MOST
NOTABLY PAPER, INDICATES THAT A GREATER ENERGY SAVING IS POSSIBLE
THROUGH RECYCLING PAPER THAN BY BURNING IT.
FOR EXAMPLE, A RECENT STUDY SHOWS THAT IT TAKES ABOUT 42 MILLION
BTU'S TO CREATE 1 TON OF VIRGIN KRAFT PAPER, WHEREAS IF 1 TON OF VIRGIN
KRAFT PAPER IS RECYCLED IT TAKES ABOUT 24 MILLION BTU'S TO RECYCLE THAT
PAPER. THEREFORE, BY USING OR RECYCLING THE PAPER YOU CAN SAVE
APPROXIMATELY 18 MILLION BTU'S PER TON OF KRAFT PAPER.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 003 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106664
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SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
/3/ ROBERT G. HUNT, LETTER TO MINNESOTA POLLUTION CONTROL AGENCY,
JUNE 14, 1972; RICHARD BALLE, "WASTED SOLIDS AS A ENERGY RESOURCE,"
PAPER PRESENTED BEFORE THE 138TH MEETING OF THE AAAS, DEC. 29, 1971,
TABLE 1.
/4/ ELLEN L. CLAUSSEN, "ENVIRONMENTAL IMPACTS OF PACKAGING," U.S.
ENVIRONMENTAL PROTECTION AGENCY, 1973, P.2.
/5/ U.S. ENVIRONMENTAL PROTECTION AGENCY, SECOND REPORT TO CONGRESS,
RESOURCE RECOVERY AND SOURCE REDUCTION, SW-122, 1974, PP. 75-76.
MICROFORM REFILMED; SEE APPENDICES
APPROXIMATELY 15.9 MILLION BTU'S CAN BE RECOVERED FROM BURNING 1 TON
OF KRAFT PAPER. THEREFORE BY RECYCLING IT APPROXIMATELY 2.1 MILLION
BTU'S PER TON CAN BE CONSERVED WHICH WOULD BE ENOUGH BTU'S TO HEAT FOUR
MINNESOTA HOMES FOR 1 DAY AND THAT IS WITH JUST 1 TON OF PAPER. /3/ .
MINNESOTA ELECTED TO ADOPT PACKAGING REGULATIONS BECAUSE OF THE
SIGNIFICANT GROWTH OF SOLID WASTE IN THIS AREA. BETWEEN 1963 AND 1970
THE PACKAGING INDUSTRY ALONE EXPERIENCED A GROWTH OF 60 PERCENT. /4/ IN
1971, PACKAGING CONSUMED 5 PERCENT OF U.S. INDUSTRIAL ENERGY AND OF
EQUAL IMPORTANCE GENERATED OVER 40 MILLION TONS OF SOLID WASTE THAT WAS
THROWN AWAY AT SIGNIFICANT PUBLIC EXPENSE. /5/ OF COURSE WE IN
MINNESOTA ARE CONFRONTED WITH ALL OF THE PROBLEMS OF OPEN BURNING DUMPS
AND THE PROBLEM WITH LANDFILLS EVEN WHERE THEY ARE MEETING OUR PERMIT
REGULATIONS. OF COURSE, AS WAS POINTED OUT, THAT IS CERTAINLY ONE OF
THE REASONS FOR CONCENTRATING ON SOURCE REDUCTION IN THESE HEARINGS.
OUR STAFF HAS DECIDED TO LIMIT THE AGENCY'S PACKAGING REVIEW
ACCORDING TO CERTAIN PRODUCT CODES AND WE SUBMITTED THE BACKGROUND ON
THIS IN OUR WRITTEN STATEMENT. I WON'T GO INTO THAT THIS MORNING, BUT
WE HAVE REDUCED DOWN TO THREE CATEGORIES THE CONTAINERS THAT WILL BE
REVIEWED AND REGULATED AND IN SOME CASES PROHIBITED FROM RETAIL SALE IN
THE STATE.
WE WILL BE REVIEWING FOOD AND BEVERAGE WHICH IS THE LARGEST SINGLE
CATEGORY OF CONTAINERS, HOUSEHOLD CLEANING SUPPLIES AND TOILETRIES AND
COSMETICS PACKAGES AND CONTAINERS. THESE THREE GROUPS CONSTITUTE
ACCORDING TO THE EPA STATISTICS APPROXIMATELY 85 PERCENT OF THE
RESIDENTIAL PACKAGING SOLID WASTE.
OUR STAFF HAS ADOPTED A REVIEW PROCEDURE SIMILAR TO THAT REQUIRED FOR
ENVIRONMENTAL IMPACT STATEMENTS THAT WE ARE ALL FAMILIAR WITH IN WHICH
THE POSITIVE AND NEGATIVE IMPACTS OF ALTERNATIVE PACKAGES ARE EXPLORED
AND A RULING IS MADE AS TO WHICH ACTION WOULD BE THE MOST DESIRABLE
ALTERNATIVE. OUR CRITERIA FIND THOSE PACKAGES MOST DESIRABLE WHICH
MINIMIZE THE POTENTIAL FOR ENVIRONMENTAL CONTAMINATION, MINIMIZE TOTAL
SYSTEM EMCRGY COSTS, MINIMIZE THE USE OF SCARCE OR NONRENEWABLE
RESOURCES, MINIMIZE THE USE OF VIRGIN RESOURCES, MINIMIZE THE ADVERSE
ECONOMIC EFFECTS ON THE CONSUMER, LABOR FORCE, AND INDUSTRY, AND
MAXIMIZE RECYCLABILITY. I WOULD LIKE TO POINT OUT SOMETHING THAT
OCCURRED TO ME AS I REVIEWED THESE BILLS. IF THE PANEL DECIDES TO ADOPT
PRODUCT AND PACKAGING STANDARDS AS SUGGESTED BY SECTIONS OF SENATOR
MUSKIE'S BILL - AND IT IS OUR HOPE THAT YOU DO - WE WOULD SUGGEST SOME
LANGUAGE WHICH WOULD EMPOWER THE EPA TO PROHIBIT PACKAGES. WE DO HAVE
THAT AUTHORITY IN OUR STATE STATUTE. I THINK THAT MIGHT AVOID SOME
UNNECESSARY LEGAL ARGUMENTS OVER WHETHER THE REGULATIONS WOULD INCLUDE
THE RIGHT OF PROHIBITION. IT SEEMS TO ME IF THERE IS GOING TO BE
PRODUCT AND PACKAGING REGULATION AND SOME EFFORT TO REDUCE SOURCE
GENERATION THAT WAY THAT IT OUGHT TO INCLUDE THE RIGHT TO PROHIBIT.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 004 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106665
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SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
I MIGHT ALSO POINT OUT THAT WE HAVE SPENT OVER A YEAR DEVELOPING
GUIDELINES FOR USE IN REGULATING PACKAGES. WE HAVE GONE THROUGH LENGTHY
HEARINGS TRYING TO DECIDE WHETHER WE COULD COME UP WITH SPECIFIC
CRITERIA WITH SCORES AND POINTS AND WE FOUND THAT THAT WOULD BE
VIRTUALLY IMPOSSIBLE. SO WE HAVE SET FORTH THESE CRITERIA THAT I
MENTION IN MY STATEMENT HERE THIS MORNING THAT DO WEIGH THE POSITIVE AND
NEGATIVE IMPACTS OF THESE VARIOUS ALTERNATIVE PACKAGES AND ARE
PRESENTED.
WITH REFERENCE TO SENATE BILL 3549, SECTIONS 111 AND 112 ARE
PARTICULARLY DESERVING OF SUPPORT BY THE CONGRESS AND THE PUBLIC AT
LARGE. HOWEVER, WE WOULD LIKE TO POINT OUT THAT THERE IS INADEQUATE
EMPHASIS ON ENVIRONMENTAL PROBLEMS CAUSED BY PRODUCTS AND PACKAGING IN
THE CURRENT BASIS FOR PACKAGING CRITERIA CONTAINED IN THESE TWO
SECTIONS. WE HAVE SUGGESTED SOME LANGUAGE IN OUR WRITTEN STATEMENT ON
THIS POINT.
WE WOULD ALSO LIKE TO SEE THE DEFINITION OF "MAJOR ITEMS OF SOLID
WASTE" IN SENATE 3549 CHANGED AND NOT HAVE THE SIZE, WEIGHT, AND VOLUME
RESTRICTIONS THAT ARE INCLUDED. BUT THIS DEFINITION AS WRITTEN, A WHOLE
SERIES OF ITEMS WHOSE PRODUCT LIFETIME HAS BEEN INCREASINGLY REDUCED BY
MANUFACTURERS SUCH AS RADIOS AND CIGARETTE LIGHTERS WOULD NOT BE COVERED
BY EITHER SECTION 111 OR 112. PRODUCTS SUCH AS THESE HAVE BEEN A
PROBLEM AND CERTAINLY DO NOT MEET THE CRITERIA FOR RESOURCE CONSERVATION
THAT WE HAVE MENTIONED HERE.
AS TO THE APPROPRIATION OF LARGE SUMS OF MONEY FOR CAPITAL INTENSIVE
RESOURCE RECOVERY EQUIPMENT, THE MINNESOTA POLLUTION CONTROL AGENCY
STAFF DOES NOT BELIEVE THIS TO BE THE PROPITIOUS TIME. OUR OWN
EXPERIENCE WITH GRANTS-IN-AID PROGRAMS HAVE SHOWN US THAT THERE ARE
PROBLEMS WHEN WE ARE TRYING TO SIMULTANEOUSLY FUND PLANNING AND
EQUIPMENT. WE CAUTION AGAINST FEDERAL LEGISLATION WHICH PUTS THE CART
EITHER AHEAD OR ALONGSIDE THE HORSE. THESE PROGRAMS SHOULD BE 5-YEAR
PROGRAMS WITH AT LEAST THE FIRST 2 YEARS BEING USED SOLELY FOR PLANNING
AND FEASIBILITY STUDIES AND THE NEXT 3 YEARS BEING USED FOR
IMPLEMENTATION.
MOST IMPORTANTLY, WE WOULD LIKE TO STRONGLY URGE THAT FUNDING FOR
RESOURCE CONSERVATION OR RESOURCE RECOVERY UNDER THESE BILLS BE GIVEN
ONLY TO THOSE PLANS, PROJECTS, OR PROGRAMS WHICH TRULY MAXIMIZE ENERGY
AND MATERIAL CONSERVATION, WHILE ATTEMPTING TO MINIMIZE ENVIRONMENTAL
AND ECONOMIC COSTS. WE ALSO BELIEVE THAT SUCH MONEYS SHOULD BE MADE
AVAILABLE TO EPA AND THE STATES FOR DEVELOPMENT OF PROGRAMS TO REDUCE
SOLID WASTE GENERATION AND THE ENVIRONMENTAL IMPACT FROM SOLID WASTE,
INCLUDING BUT NOT LIMITED TO PUBLIC EDUCATION AND THAT THESE PROGRAMS
SHOULD BE GIVEN A HIGHER PRIORITY THAN RESOURCE RECOVERY. WE ARE
CONCERNED THAT NOT ENOUGH ATTENTION HAS BEEN PAID TO THE MARKET SIDE OF
RESOURCE RECOVERY SYSTEMS. WE POSE SOME QUESTIONS HERE THAT I THINK
NEED TO BE ANSWERED BEFORE WE GET INTO AN EXTENSIVE PROGRAM NATIONWIDE
OF RESOURCE RECOVERY PROJECTS.
FIRST, WHICH ITEMS IN THE SOLID WASTE STREAM ARE TRULY WORTH
RECOVERING FROM AN ENERGY AND MATERIALS STANDPOINT? FOR EXAMPLE, OLD
SHOES, NONRETURNABLE BEVERAGE CONTAINERS, GLASS BIMETAL CANS OR ALL
STEEL CANS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 005 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106666
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COMMENT GOVERNMENT
REPORT STUDY
DOES IT MAKE SENSE FROM A LONG-TERM ENVIRONMENTAL RESOURCE STANDPOINT
TO ESTABLISH LARGE SYSTEMS TO RECOVER ENERGY FORM SOLID WASTE?
HOW DOES THE MARKET SYSTEM OPERATE FOR THOSE ITEMS WHOSE RECOVERY
DOES RESULT IN MAJOR RESOURCE SAVINGS AT LOW COST?
WHAT FEDERAL MECHANISMS COULD BE APPLIED TO THE MARKET SYSTEMS FOR
THESE ITEMS TO FURTHER STIMULATE THEIR DEMAND?
IF NOTHING IS DONE TO STIMULATE DEMAND FOR THOSE MATERIALS WHOSE
RECOVERY SHOULD BE ENCOURAGED, WHAT WILL BE THE LONG-TERM IMPACT ON THE
EXISTING SECONDARY MATERIALS INDUSTRIES AND PUBLICLY FINANCED RESOURCE
RECOVERY FACILITIES OF MAJOR INCREASES IN SUPPLY RESULTING FROM A
NATIONWIDE SYSTEM OF PU0LICLY FINANCED RECOVERY FACILITIES?
AS MENTIONED PREVIOUSLY, WE BELIEVE IT IS CRUCIAL TO DETERMINE
WHETHER IT IS BETTER TO RECYCLE OR BURN OR PYROLYSE SOLID WASTE AND HOW
MUCH OF THE COMBUSTIBLE COMPONENT MIGHT ULTIMATELY BE ECONOMICALLY
RECYCLED, REUSED, OR REMOVED FROM THE SOLID WASTE STREAM. WE ARE ALSO
CONCERNED ABOUT THE AIR QUALITY IMPLICATIONS OF NATIONWIDE RECOVERY OF
ENERGY FROM SOLID WASTE.
FURTHER WE QUESTION WHETHER A PERIOD OF GROWING RESOURCE SCARCITY
WILL THERE CONTINUE TO BE A LARGE COMBUSTIBLE SOLID WASTE COMPONENT OR
IN OTHER WORDS WILL WE BE LEFT WITH NO FUEL? WE ALSO SEE SUCH SYSTEMS
AS BEING DEPENDENT ON CONTINUED SINGLE USE PLASTIC PACKAGING AND PAPER
AND THEREFORE THE EXISTENCE OF THESE SYSTEMS AND THEIR CAPITAL-INTENSIVE
MACHINERY COULD BE USED TO ARGUE AGAINST REDUCING THE AMOUNT OF PAPER
AND PLASTIC ENTERING THE SOLID WASTE STREAM, THUS INHIBITING MUCH NEEDED
REGULATION IN THE SOURCE REDUCTION AREA. I GUESS THAT IS ONE OF THE
MOST IMPORTANT PROBLEMS WE WEE WITH RESOURCE RECOVERY AREAS. HOPEFULLY
IT WILL BE GIVEN THOROUGH STUDY BY THE PANEL.
SECTION 105 OF SENATE 3549 REQUIRES THE EPA TO CONDUCT A STUDY OF
POTENTIAL MARKETS AND THE IMPACT OF THE DISTRIBUTION OF SUCH RESOURCES
ON EXISTING MARKETS. ADDITIONALLY, BOTH SENATE 3560 AND 3547 SUGGEST
CHANGING FEDERAL PROCUREMENT POLICIES TO FAVOR RECYCLED GOODS AND SENATE
3560 ALSO REQUIRES MANUFACTURERS TO GUARANTEE PURCHASE OF ALL RECOVERED
RESOURCES FROM CONTAINERS RESULTING FROM THESE RESOURCE RECOVERY SYSTEMS
CONSTRUCTED UNDER THE BILL. WE SUPPORT AND URGE STRONG CONGRESSIONAL
SUPPORT FOR THESE SECTIONS.
THIS CONCLUDES OUR REMARKS THIS MORNING. WE WOULD LIKE TO AGAIN
THANK YOU FOR THE CHANCE TO TESTIFY AND WE ARE VERY PLEASE WITH THE
INTENSIVE EFFORT THAT YOU HAVE LAUNCHED HERE TODAY, MR. CHAIRMAN, AND WE
WOULD ALSO BE PLEASED TO ANSWER ANY QUESTIONS YOU MAY HAVE.
SENATOR RANDOLPH. THANK YOU VERY MUCH, MR. MERRITT.
FIRST OF ALL, YOU INDICATED THAT IN YOUR STATE YOU ARE NOT SATISFIED
WITH THE SOLID WASTE RECOVERY PROGRAMS. WOULD YOU TELL US SOMETHING
ABOUT FAILURE OF THE LEGISLATURE OR HAVE PROPOSALS NOT BEEN MADE OR WHAT
ACTIVITY HAS BEEN CARRIED ON AT THE STATE LEVEL?
MR. MERRITT. IN OUR STATE, SENATOR, IN CONNECTION WITH THE PACKAGING
REGULATIONS THAT I HAVE MENTIONED, WE HAVE A GRANT-IN-AID PROGRAM
WHEREBY WE ARE FUNDING PUBLIC EDUCATION, SOLID WASTE MANAGEMENT
PROGRAMS, AND RESOURCE RECOVERY AND RESOURCE CONSERVATION PROGRAMS
AROUND THE STATE. THIS EFFORT IS NOW IN THE BEGINNING STAGES. WE ARE
BEGINNING TO FUND UP TO $1.35 MILLION OVER THIS CURRENT BIENNIUM IN
THOSE AREAS. WE HAVE NOT YET FUNDED ANY RESOURCE RECOVERY CENTERS IN
MINNEOSTA FROM THESE FUNDS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 006 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
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COMMENT GOVERNMENT
REPORT STUDY
WE HAVE SERIOUS RESERVATIONS ABOUT THAT. WE HAVE PREVIOUSLY LISTED
SOME OF THE QUESTIONS WHICH WE BELIVE MUST BE ANSWERED BEFORE WE WOULD
RECOMMEND FUNDING FOR RESOURCE RECOVERY CENTERS, SO I SHALL NOT RESTATE
THEM AGAIN. I WOULD HOWEVER LIKE TO REITERATE THE IMPORTANCE OF
SOURCE-REDUCTION MEASURES TAKING PLACE PRIOR TO EMPHASIS ON RESOURCE
RECOVERY. IT DOES NOT MAKE SENSE TO START WITH RESOURCE RECOVERY AND
THEN WORK TOWARD SOURCE REDUCTION BECAUSE THE CENTERS THEMSELVES WILL BE
USED AS AN ARGUMENT AGAINST EVER REDUCING SOLID WASTE AT THE SOURCE.
CAPITAL-INTENSIVE MACHINERY MUST BE FED.
WE ARE, OF COURSE, AWARE OF THE CONNECTICUT EXPERIENCE AND I BELIEVE
WISCONSIN IS FOLLOWING SUIT IN THE CREATION OF LARGE SCALE STATEWIDE
RESOURCE RECOVERY FACILITIES. WE ARE VERY MUCH CONCERNED THAT THAT
MIGHT CATCH ON AROUND THE COUNTRY BEFORE WE TAKE THE PROPER STEPS AND
PRECAUTIONS TO GUARD AGAINST WHAT WE HAVE CONCERNED OURSELVES WITH HERE
THIS MORNING.
I THINK THAT REALLY IS A CHALLENGE TO THIS PANEL. CERTAINLY YOUR
HEARINGS ARE EARLY ENOUGH SO THAT WE CAN PROPERLY PLAN FOR THE KIND OF
OVERALL SOURCE REDUCTION AND RESOURCE RECOVERY FOR THE NATION BEFORE WE
SEE ONE STATE AFTER ANOTHER DEVELOPING BRICKS AND MORTAR AND BECOMING
DEPENDENT ON NEWSPAPER, LET'S SAY FOR PYROLYSING OR VARIOUS KINDS OF
RESOURCE RECOVERY AT WHICH TIME IT WOULD BE TOO LATE.
SO I WOULD CERTAINLY STRONGLY URGE THE PANEL TO GIVE THIS SERIOUS
THOUGHT. IF WE ARE GOING TO GET INTO THE RESOURCE RECOVERY CENTERS, THE
KIND PROJECTED FOR CONNECTICUT, WE CERTAINLY OUGHT TO DO IT WITH THE
PROPER PLANNING NATIONWIDE THAT WE NEED.
SENATOR RANDOLPH. I NOTED THAT YOU SUGGEST A 5-YEAR PLAN IN YOUR
STATEMENT. YOU HAVE BROKEN IT DOWN TO PLANNING FOR THE FIRST 2 YEARS
AND THE FEASIBILITY STUDIES AND THEN 3 YEARS FOR IMPLEMENTATION.
DO YOU THINK IT IS GOING TO TAKE THAT LONG?
MR. MERRITT. SENATOR, I THINK IT WILL TO DO THE JOB PROPERLY. I
THINK THAT IT PROBABLY SHOULD. HOPEFULLY WE CAN MOVE FASTER THAN THAT
AND PERHAPS IF ENOUGH STAFF IS APPLIED, ENOUGH RESOURCES TO THE EFFORT,
IT COULD BE DONE SOONER. BUT I THINK THE POINT HERE IS THAT WE NEED TO
DO THAT KIND OF STUDY OF MARKETS, STUDY OF FEASIBILITIES AND LAUNCH THE
PUBLIC EDUCATION PROGRAMS THAT ARE NECE-SARY BEFORE WE GET INTO BUILDING
THE PLANTS THEMSELVES.
SENATOR RANDOLPH. MR. MERRITT, YOU SPOKE OF BITS AND PIECES,
SPEAKING OF YOUR OWN STATE AND THEN ANOTHER STATE, MENTIONING
CONNECTICUT AND WISCONSIN. I AM WONDERING IF YOU ARE READY TO SUPPORT
THE EMPHASIS ON REGIONAL SOLID WASTE AND RESOURCE RECOVERY PLANNING?
THAT IS REGIONAL AS CONTAINED IN S. 3560 AND ALSO AS CONTAINED IN OTHER
MEASURES THAT HAVE BEEN BEFORE US.
MR. MERRITT. SENATOR, I THINK WE ARE QUITE FAMILIAR WITH THAT
CONCEPT FROM THE 1972 WATER POLLUTION CONTROL AMENDMENTS AND BELIEVE IN
THE CONCEPT VERY MUCH. I WOULD SAY YES, THAT WE BELIEVE FIRST OF ALL
YOU HAVE TO LOOK AT THIS ON A REGIONAL BASIS. WE ARE TRYING TO DO THAT
NOW IN MINNESOTA.
SENATOR RANDOLPH. YOU ARE PROVIDING THE SEED MONEYS, AREN'T YOU, ON
THE REGIONAL PROGRAMS, ACTUALLY?
MR. MERRITT. THAT IS RIGHT. I THINK WE HAVE TO LOOK BEYOND STATE
BORDERS HERE. IT IS NOT EASILY DONE AS WE ARE FINDING UNDER THE 1972
WATER POLLUTION CONTROL ACT WITH SECTION 208 FUNDING BEING RELEGATED TO
SOMEWHAT LESS THAN PRIORITY BY EPA.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 007 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
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COMMENT GOVERNMENT
REPORT STUDY
SENATOR RANDOLPH. DO YOU THINK YOU HAVE STATE FUNDS SUFFICIENT TO
TAKE YOUR SHARE OF THE COSTS?
MR. MERRITT. NO. I REALLY DON'T. WE HAVE HAD A PROBLEM. I HAVE
BEEN INVOLVED IN THIS STATE AGENCY WORK NOW FOR 3 YEAFS. WE HAVE HAD A
DEMONSTRATION GRANT FOR OUR SOLID WASTE PROGRAM. THAT EXPIRES SEPTEMBER
OF THIS YEAR AND WE ARE VERY CONCERNED THAT SOMETHING BE DONE HERE IN
CONGRESS THIS YEAR TO PROVIDE FOR ADDITIONAL FEDERAL FUNDING. THERE IS
NO FEDERAL GRANT PROGRAM AS YOU ARE ALL WELL AWARE FOR SOLID WASTE. IT
IS A BIG MISSING LINK IN THE ENVIRONMENT PROGRAM. I WOULD STRONGLY
SUPPORT SOME KIND OF WELL-PLANNED EFFORT IN THIS AREA.
SENATOR RANDOLPH. I WANT TO COOPERATE WITH MY COLLEAGUES IN
QUESTIONING. I WILL JUST ASK ONE MORE QUESTION AT THIS POINT.
I NOTICED MR. MERRITT, THAT YOU SUGGESTED THE POSSIBILITY THAT SOLID
WASTE MANAGEMENT SYSTEMS COULD BE DESIGNED TO RECOVER ENERGY AND A SIDE
EFFECT MIGHT BE TO DISCOURAGE EITHER RECYCLING OR EFFORTS TO REDUCE THE
AMOUNTS OF PAPER AND PLASTIC ENTERING THE SOLID WASTE STREAM.
I THINK YOU MUST CLARIFY THAT FOR ME AND MEMBERS OF THE COMMITTEE.
ARE YOU TALKING ABOUT THE MINNEAPOLIS TRIBUNE?
MR. MERRITT. NO. I DIDN'T MENTION, SENATOR, THE MINNEAPOLIS
TRIBUNE, ALTHOUGH I THINK A REPRESENTATIVE IS HERE. I THINK I COULD
BEST RELATE IT BY THE EXPERIENCE THAT WE HAVE IN THE TWIN CITIES RIGHT
NOW. THERE ARE A NUMBER OF GRANT APPLICATIONS COMING IN FOR MONEY TO BE
USED FOR PLANNING, PYROLYSING, FOR EXAMPLE, BY THE METROPOLITAN SEWER
BOARD THROUGHOUT THE TWIN CITIES OR BY THE COUNTIES OR CITIES. I THINK
SHORTLY YOU ARE GOING TO SEE GRANT APPLICATIONS IN OTHER STATES ALONG
THE SAME LINE. YOU WILL HAVE COMPETITION BETWEEN CITIES, COUNTIES,
METROPOLITAN AREAS, IF THERE IS A METROPOLITAN APPROACH TO GOVERNMENT,
AND THE PROBLEM WILL BE IN LET'S SAY, THAT THE SEWER BOARD IN OUR TWIN
CITIES IN MINNESOTA WERE TO BUILD A PYROLYSIS PLANT WHICH WOULD BE
DEPENDENT ON SOLID WASTE TOGETHER WITH THE SLUDGE FROM THE SEWATE
TREATMENT PLANT FOR THE TWIN CITIES, THEN YOU WOULD HAVE ANOTHER PLANT,
LET'S SAY, BUILT BY ANOTHER COUNTY IN THE ADJACENT AREA WHICH WOULD ALSO
BE DEPENDENT ON SOLID WASTE. PRETTY SOON THIS COULD EXPAND AND SOON
MULTIPLY TO THE POINT WHERE THOSE PLANTS WOULD HAVE TO HAVE GUARANTEES
FOR THE NEWSPAPER AND OTHER SOLID WASTE WHICH WERE EITHER PRODUCING HEAT
FOR THE OPERATIONS OF THEIR PARTICULAR PLANTS OR ELECTRICITY. WE WOULD
FIND THEN A DISINCENTIVE TO RECYCLE THAT NEWSPAPER WHICH WE POINTED OUT
WOULD REALLY BE A BETTER WAY TO GO ABOUT IT. SO I THINK THAT IS A
CRUCIAL PROBLEM FOR THE SENATE, FOR THE CONGRESS,
SENATOR RANDOLPH. THANK YOU. MR. MERRITT. SENATOR STAFFORD?
SENATOR STAFFORD. THANK YOU, MR. CHAIRMAN.
MR. MERRITT. I THINK YOUR DISCUSSION WITH US THIS MORNING IS GOING
TO BE VERY HELPFUL TO US AND YOU RAISE SOME VERY INTERESTING QUESTIONS
IN YOUR STATEMENT. I PRESUME THAT ECONOMIC CONSIDERATIONS SUCH AS A
SCARCITY OF RAW MATERIALS AND THE PRICE OF RAW MATERIALS IN THIS WORLD
WE ARE LIVING IN NOW MAY HAVE A CONSIDERABLE BEARING ON WHAT IS
WORTHWHILE TO RECYCLE. BUT WE MAY HAVE TO RECYCLE. WOULD YOU AGREE
WITH THAT?
MR. MERRITT. YES. I WOULD VERY MUCH, SENATOR.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 008 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106669
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COMMENT GOVERNMENT
REPORT STUDY
SENATOR STAFFORD. WHAT MIGHT TODAY BE THE MOST PROMISING AREAS FOR
RECYCLING MAJOR PRODUCTS THAT WE CONSUME IN OUR ECONOMY? WOULD PAPER BE
ONE OF THEM?
MR. MERRITT. YES. IT CERTAINLY WOULD. I THINK THE STUDIES HAVE
SHOWN THAT WE CAN CONSERVE THE VIRGIN TIMBER THAT YOUR ARE DESCRIBING
AND OBVIOUSLY THAT MAKES A LOT OF SENSE. I KNOW IN YOUR AREA OF THE
COUNTRY IT IS IMPORTANT AND I THINK ALL AROUND THE COUNTRY. WE ARE
TRYING TO SAVE AS MUCH AS WE CAN OF THE RESOURCES EVEN IF THEY ARE
RENEWABLE. I THINK IN THE CASE OF PAPER YOU HAVE A RENEWABLE RESOURCE.
I THINK YOU COULD ARGUE YOU CAN GROW THE TREES. BUT I THINK IT IS FAR
BETTER TO PRESERVE. THE NEWSPRINT PLANTS DO WORK, THERE ARE AT LEAST
THREE IN OPERATION IN THE COUNTRY NOW, MAYBE MORE. TH EY DO SAVE BTU'S
AND I THINK THAT IS CERTAINLY ONE AREA. I WOULD THINK THERE ARE OTHERS.
SENATOR STAFFORD. STEEL FOR EXAMPLE? WOULD STEEL BE ANOTHER, IRON
ORE?
MR. MERRITT. YES. CERTAINLY THAT IS HAPPENING NOW IN MINNESOTA. WE
HAVE ANOTHER PROGRAM THAT I DIDN'T MENTION WHICH IS AN AUTO HULK
RECYCLING PROGRAM. IT HAS BEEN IN EFFECT IN MINNESOTA SINCE 1971,
INVOLVING SOME $800,000 A YEAR OUT OF STATE MONEY THAT GOES OUT TO
SUPPORT THE COLLECTION OF THESE AUTO HULKS THAT YOU FIND IN THE FARM
AREAS AND ALL AROUND THE COUNTRY. THAT HAS BEEN A VERY SUCCESSFUL
PROGRAM. WE HAVE RECOVERED THOUSANDS OF CARS AROUND THE STATE AND THOSE
GO INTO THE KINDS OF CENTERS THAT YOU ARE DESCRIBING. WE RECOVER THAT
STEEL.
I MIGHT ADD THAT THERE IS A CHART IN OUR PREPARED LENGTHY STATEMENT
HERE WHICH SHOWS JUST HOW MUCH CAN BE RECOVERED. I THINK IT IS OVER 90
PERCENT OF STEEL.
SENATOR RANDOLPH. MAY I INTERRUPT AT THAT POINT?
SENATOR STAFFORD. CERTAINLY.
SENATYOR RANDOLPH. WHEN YOU TALKED ABOUT THE OLD CARS AND THE
NUMBER, WHAT FIGURES DID YOU USE?
MR. MERRITT. I COULD GIVE YOU THE EXACT NUMBER OF CARS FOR THE
RECORD, SENATOR. WE HAVE RECOVERED I BELIEVE OVER 100,000 CARS SINCE
THAT PROGRAM BEGAN IN 1971. I KNOW THAT IN THE FIRST YEAR IT WAS ABOUT
40,000. SO IT IS WELL OVER 100,000 AUTO HULKS THAT HAVE BEEN STREWN
AROUND THE LANDSCAPE THAT HAVE BEEN RECOVERED. WE WILL SUBMIT A SHORT
DESCRIPTION OF OUR AUTO HULK RECYCLING PROGRAM AS APPENDIX D TO OUR
LENGTHY STATEMENT.
SENATOR RANDOLPH. SENATOR LEONARD, WOULD YOU TAKE JUST A MOMENT TO
EXPLAIN WHAT WE ARE DOING IN WEST VIRGINIA IN CONNECTION WITH THE REAP
PROGRAM?
MR. LEONARD. YES. SENATOR RANDOLPH. IN WEST VIRGINIA WE HAVE THE
PROGRAM CALLED REAP. IT IS THE VEHICLE REHABILITATION PROGRAM BY THE
COLLECTION OF NOT ONLY JUNKED AUTOMOBILES, BUT ABANDONED HOUSEHOLD
APPLIANCES, INCLUDING REFRIGERATORS, WASHING MACHINES AND ALL OF THESE
OTHER MAJOR ITEMS OF CONSIDERABLE SIZE. THEY HAVE A PROGRAM UNDER WHICH
THEY ARE COLLECTED AND WHEN THEY ARE COLLECTED THEY ARE CRUSHED AND
TAKEN TO A DEMOLISHER. SOMETIMES THESE THINGS GO THROUGH A DEMOLISHER.
THE IDEA IS OF COURSE TO PICK THESE THINGS UP FROM OUR STREAMS WHERE
THEY HAVE BEEN DISCARDED FROM ABANDONED YARDS AND PLACES. THE PROGRAM
IS TO RID US OF VISUAL POLLUTION OF THESE ABANDONED VEHICLES AND
HOUSEHOLD APPLIANCES. THIS HAS BEEN GOING ON UNDER CERTAIN GRANTS AND
THEN AS I SAY, JUST LAST WEEK THE STATE PASSED LEGISLATION TO CONTINUE
THIS PROGRAM AS PART OF OUR ENVIRONMENTAL CLEANUP.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 009 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
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COMMENT GOVERNMENT
REPORT STUDY
SENATOR RANDOLPH. THANK YOU, SENATOR LEONARD. I ASK THE PRIVILEGE
OF BREAKING IN AT THAT POINT BECAUSE I DO THINK THAT STATES HAVE PERHAPS
BEEN TO TARDY IN GOING INTO PROGRAMS OF THIS KIND. I AM NOT SURE OF THE
FIGURE IN WEST VIRGINIA, BUT PERHAPS WE HAVE COLLECTED 50,000 CARS. I
AM NOT SURE.
MRS. LEONARD. I THINK IT IS HIGHER THAN THAT, SENATOR.
SENATOR RANDOLPH. IT IS A CONSIDERABLE NUMBER. WHEN YOU BEGIN TO
ADD IT UP COUNTRYWIDE, IT IS A TREMENDOUS AMOUNT OF WASTE MATERIAL THAT
IS NOT ONLY VISUAL POLLUTION BUT ALSO IT IS HAZARDOUS TO HEALT MANY,
MANY TIMES, IN THE STREAMBEDS AND ALONG THE HIGHWAYS.
THANK YOU, SENATOR, FOR ALLOWING ME TO INTERRUPT.
SENATOR STAFFORD. VERY GALD TO, MR. CHAIRMAN. I AM HAPPY TO SAY
THAT VERMONT ALSO HAS A PROGRAM OF CRUSHING AND COMPACTING AN1 THEN
RECYCLING AUTOMOBILES.
I WAS GOING TO GET TO GLASS AND ALUMINUM BECAUSE IN THE AREA OF SOFT
DRINKS AND BEER I GUESS THEY ARE THE TWO BIGGEST CONTAMINATORS,
POLLUTERS OF OUR HIGHWAYS. IDON'T KNOW WHAT THE ECONOMICS OF RECYCLING
GLASS MAY BE, BUT I WOULD APPRECIATE ANY COMMENTS YOU HAVE ON EITHER
GLASS OR ALUMINUM OR BOTH. I DO NOTE THAT RECENTLY JAMAICA RAISED THE
PRICE OF BAUXITE FOR US BY SEVERAL FACTORS WHICH IS GOING TO MAKE
ALUMINUM QUITE A LOT MORE EXPENSIVE IN THE UNITED STATES.
MR. MERRITT. SENATOR, I THINK THAT OUR EXPERIENCE IN MINNESOTA IS
THAT IT IS FAR BETTER TO TRY TO CONSERVE ON THE USE OF ALUMINUM AND
GLASS. WE HAVE HAD A STRONG EFFORT TO PASS A BAN ON THROWAWAYS, A BILL
SIMILAR TO OREGON WHICH WAS PASSED THROUGH ONE OF THE MAJOR COMMITTEES
AND AS A MATTER OF FACT, BOTH HOUSE AND SENATE COMMITTEES. IT WAS
DEFEATED BY A CLOSE VOTE ON THE SENATE FLOOR LAST SESSION. BUT THERE IS
TREMENDOUS PUBLIC INTEREST IN THAT APPROACH WHICH WOULD, OF COURSE,
INVOLVE REUSE OF THE GLASS AND THE VARIOUS PRODUCTS YOU MENTIONED RATHER
THAN THE CRUSHING, WHICH OF COURSE CONSUMES A GREAT DEAL OF ENERGY. WE
ARE CONCERNED ABOUT THE ENERGY INVOLVED IN THE CRUSHING PROCESS ITSELF.
SENATOR STAFFORD. I THINK I AGREE WITH YOU, MR. MERRITT. IT IS
BETTER TO MAKE RETURNABLE BOTTLES THAT CAN BE USED MAYBE A DOZEN TIMES
WHICH IS WHAT WE WERE DOING ABOUT 25 YEARS AGO, INSTEAD OF MAKING THE
ONE-USE, THROWAWAY CONTAINERS THAT WE USE TODAY. WE ALWAYS HAVE A
STRUGGLE WHEN WE TRY TO DO THAT.
AS A HISTORICAL NOTE, VERMONT HAD A BAN ON NONRETURNABLES BACK IN
1954. AS ATTORNEY GENERAL OF THAT STATE AT THAT TIME IT WAS MY LOT TO
DEFEND THAT BILL IN FRONT OF OUR SUPREME COURT. WE FOUND IT TO BE
CONSTITUTIONAL, BUT THE LEGISLATURE ELIMINATED IT AFTER ONE 2-YEAR
EXPERIENCE WITH IT. SO WE ARE BACK WHERE WE STARTED.
MR. MERRITT. THAT IS VERY ENCOURAGING TO HEAR THAT. THAT IS A
CONTROVERSIAL AREA.
SENATOR STAFFORD. IT IS INDEED.
IN THE FIELD OF GETTING ENERGY FROM WASTE IS THE BEST AREA THERE IN
THE FIELD THAT I MIGHT CALL BROADLY GARBACE, METHANE GAS IN THIS AREA?
MR. MERRITT. I THINK SO. I THINK THAT WE HAVE EXPERIENCED SOME
INTEREST. CERTAINLY THERE IS GREAT INTEREST AROUND THE COUNTRY IN THE
POSSIBILITY OF METHANE PRODUCTION. WE DON'T HAVE ANY APPLICATIONS YET
FOR GRANT-IN-AID. BUT I THINK SHORTLY WE WILL. WITH THIS VERY MODEST
APPROACH, $1.35 MILLION FOR 2 YEARS IS NOT MUCH MONEY, BUT THERE IS
TREMENDOUS INTEREST. IF CONGRESS WERE TO PROVIDE A MODEST AMOUNT OF
MONEY IN THOSE AREAS I THINK YOU WOULD FIND ALL KINDS OF INNOVATIVE
APPROACHES.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 010 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106671
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COMMENT GOVERNMENT
REPORT STUDY
SENATOR STAFFORD. COULD YOU COMMENT FOR THE PANEL ON WHAT HAS
OCCURRED IN MINNESOTA, IN MINNEAPOLIS-ST. PAUL OR OTHER MAJOR AREAS OF
THE STATE IN TERMS OF DEVELOPMENT OF RESOURCE RECOVERY SYSTEMS?
MR. MERRITT. YES. WE HAVE HAD A PRIVATE RECYCLING PROGRAM USING
HANDICAPPED PERSONS RECOVERING GLASS, METAL, AND PLASTIC. THAT PROGRAM,
HOWEVER, IS ON A SOMEWHAT SHAKY ECONOMIC BASIS. THEY HAVE ASKED FOR
SOME FUNDING FROM US. WE HAVE HAD A GOOD DEAL OF EXPERIENCE WITH THE
KIND OF NEWSPAPER DRIVES THAT YOU FIND ALL ACROSS THE COUNTRY, AS WELL
AS EFFORTS BY CONSERVATIONISTS AND ENVIRONMENTAL GROUPS TO RECYCLE GLASS
AND BOTTLES AND MANY OF THEM HAVE FAILED BECAUSE OF NUMEROUS FACTORS.
IT SEEMS TO ME THAT WE ARE GOING TO HAVE TO HAVE SOME KIND OF SEPARATION
AT THE SOURCE AND RECNTLY WE HAVE HAD AND FUNDED AN APPLICATION FROM
AUSTIN, MINN., WHERE THE HOUSEHOLDERS IN THAT CITY OF ABOUT 25,000 WILL
SEPARATE THE METALS, PLASTICS, NEWSPRINT, AND CORRUGATED PAPER AND THEY
WILL THEN BE RECYCLED.
I THINK THAT APPROACH IS GOING TO CATCH ON. THEN THERE ARE EFFORTS
BY THE SEWER BOARD TO ESTABLISH, AS I MENTIONED, A PYROLYSIS SYSTEM
USING SOLID WASTE AND SEWAGE SLUDGE. THERE IS ANOTHER STRONG EFFORT NOW
IN PROGRAMMING THE DULUTH AREA ON LAKE SUPERIOR TO USE SOLID WASTETO
COMBINE WITH THE SEWAGE SLUDGE TO GENERATE HEAT IN A BOILER FOR THE
SEWAGE TREATMENT PLANT, ONE OF THESE NEW REGIONAL PLANTS THAT IS NOW
UNDERWAY.
SENATOR STAFFORD. THANK YOU VERY MUCH. AT THIS POINT ON AN INFORMAL
BASIS I WILL YIELD TO SENATOR DOMENICI.
SENATOR DOMENICI. LET ME FIRST COMPLIMENT YOU ON FOCUSING IN ON THE
NEED FOR BALANCE. IF I UNDERSTAND YOUR STATEMENT, YOUR CONCERN ABOUT
ENERGY RECOVERY IS THAT WE WILL GET RIGHT BACK INTO THE CYCLE OF
PROMOTING ENERGY RECOVERY ALMOST AS THE TOTAL MEANS OF DISPOSING OF
EXCESSIVE USE OF OUR RAW MATERIALS.
MR. MERRITT. THAT IS CORRECT.
SENATOR DOMENICI. I THINK ANY EFFORT BY THE U.S. CONGRESS WHICH
DOESN'T HAVE BOTH A STRONG EFFORT AT CONSERVATION ALONG WITH A
REASONABLE EFFORT AT TURNING INTO ENERGY THAT WHICH WE FOR THE
FORESEEABLE FUTURE ENVISION AS BEING A WASTE. I THINK ANY EFFORT SHORT
OF THOSE TWO WOULD PROVIDE CHAOS AND CERTAINLY WOULD PROMOTE FURTHER
ABUSE OF THE RAW MATERIALS THAT WE ARE TRYING TO CONSERVE.
CAN I SPEAK WITH YOU FOR A MOMENT ABOUT YOUR EFFORTS IN PACKAGING?
IT WOULD SEEM TO ME THAT FOR A STATE TO DO THIS ALONE IN TERMS OF YOUR
VERY INNOVATIVE IDEA OF ANALYZING ENVIRONMENTALLY THE PACKAGING
COMPONENT OF THE MARKETING IT SEEMS TO ME THE STATE WOULD HAVE A VERY
DIFFICULT TIME BECAUSE OF THE INTERSTATE COMMERCE AND BECAUSE OF
NATIONAL PRODUCTS. YOU WOULD RUN INTO SOME RATHER INSURMOUNTABLE KINDS
OF PROHIBITIONS IF YOU HAD SUCH AUTHORITY.
WOULD YOU AGREE WITH THAT?
MR. MERRITT. I THINK, SENATOR, IT IS CERTAINLY TRUE THAT WE HAVE HAD
GREAT INTEREST IN THIS PROGRAM. LITERALLY HUNDREDS OF PEOPLE AT THE
HEARINGS. WE HAVE HELD TWO HEARINGS BEGINNING AS EARLY AS LAST JULY AND
WE WILL BE HOLDING AN UNPRECEDENTED THIRD PUBLIC HEARING ON JULY 17,
1974.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 011 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106672
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COMMENT GOVERNMENT
REPORT STUDY
WE THINK IT CAN BE DONE. I GUESS OUR PHILOSOPHY IS THAT YOU HAVE TO
START SOMEWHERE. IT IS A LITTLE LIKE THE BAN ON THROWAWAYS OR THE
SO-CALLED BAN ON THE CAN. I HAVE ALWAYS FELT THAT, REALLY, THAT OUGHT
TO START AT THE LOCAL LEVEL EVEN THOUGH THAT THEORETICALLY WOULD END UP
WITH A PATCHWORK OF ORDINANCES AROUND THE STATE WHICH VERY WELL COULD BE
DISCRIMINATORY. BUT THAT WOULD THEN SHOW THE LEGISLATURE OF A STATE
THAT THERE IS WIDESPREAD PUBLIC ATTENTION ON THIS AND THE POLLS, OF
COURSE, SHOW A MAJORITY OF PEOPLE INTERESTED IN THOSE KINDS OF
APPROACHES.
THEN THE STATE LEGISLATURE WOULD ACT AND HOPEFULLY CONGRESS WOULD
ACT. MAYBE IN SOME OF THESE AREAS WE CAN COME DOWN HERE TO WASHINGTON
AND SEE THE CONGRESS TAKE THE LEAD. I WOULD CERTAINLY HOPE THAT THAT
WILL HAPPEN.
SENATOR DOMENICI. LET ME GIVE YOU AN EXAMPLE. I DON'T WANT TO
MALIGN ANY OF OUR GREAT INSTITUTIONS LIKE BURGER CHEF AND MCDONALDS OR
THE LIKE, BUT LET'S CALL THEM INSTITUTIONS. THEY EXIST WITH THE SAME
FORMAT EVERYWHERE. THEY ALL THROW AWAY ENORMOUS QUANTITIES OF PLASTIC
AND PAPER. MOST RECENTLY YOU WILL FIND THAT THEY SERVE SALAD AND THAT
KIND OF THING IN A CONTAINER THAT PEOPLE WILL EVEN INQUIRE OF THEM IF
THEY CAN TAKE THEM HOME RATHER THAN THROW THEM AWAY BECAUSE THEY ARE
ALMOST A BOWL, BUT YET THEY ARE ALL SUPPOSED TO BE THROWN AWAY BEFORE
YOU LEAVE.
GIVE ME YOUR APPROACH TO AN ANALYSIS USING YOUR IMPACT APPROACH. HOW
WOULD ONE GO ABOUT ANALYZING THAT KIND OF A PRODUCT IN TERMS OF COMING
UP WITH A PROHIBITION IF THAT WAS THE CASE? I AM NOT SO SURE YOU CAN
JUMP FROM NONE TO PROHIBITION. MAYBE IT IS REGULATION AND PUBLIC
INFORMATION AS A STARTER. BUT WHAT WOULD YOU COMPARE WITH IT? WOULD
YOU TAKE A TYPICAL MARKETING EFFORT BY ANY OF THESE COMPANIES I HAVE
JUST DESCRIBED AND HOW WOULD YOU ANALYZE WHETHER IT IS CONSERVATION
ORIENTED, WHETHER IT IS TOTAL ABUSE, WHETHER THERE IS MORE WASTE THAN
THERE SHOULD BE?
CAN YOU SHARE SOME OF YOUR EXPERIENCES ON THAT?
MR. MERRITT. WE ARE RIGHT NOW IN THE THROES OF DOING THAT VERY
THINK, I MIGHT TURN TO OUR EXPERT HERE, KAREN WENDT, FOR AN ANSWER TO
THAT.
SENATOR DOMENICI. KAREN, HOW WOULD YOU GO ABOUT EVALUATING THAT?
MS. WENDT. IN OUR LENGTHY STATEMENT WE HAVE ATTACHED AS APPENDIX C A
COPY OF OUR PROPOSED "REVISED GUIDELINES FOR PACKAGING REVIEW" WHICH
LISTS IN SR-2 THE CRITERIA THAT WE SHALL USE. WE SHALL CONSIDER THOSE
PACKAGING ALTERNATIVES TO BE BEST WHICH: (1) MINIMIZE THE POTENTIAL FOR
ENVIRONMENTAL CONTAMINATION; (2) MINIMIZE TOTAL SYSTEM ENERGY COSTS;
(3) MINIMIZE THE USE OF SCARCE OR NONRENEWABLE RESOURCES; (4) MINIMIZE
THE USE OF VIRGIN MATERIALS; (5) MAXIMIZE RECYCLABILITY CONSISTENT WITH
MINIMIZING THE POTENTIAL FOR ENVIRONMENTAL CONTAMINATION AND MINIMIZING
TOTAL SYSTEM ENERGY COSTS; AND (6) MINIMZIE ADVERSE ECONOMIC EFFECTS ON
THE CONSUMER, LABOR FORCE, AND INDUSTRY CONSISTENT WITH MINIMIZING THE
POTENTIAL FOR ENVIRONMENTAL CONTAMINATION AND MINIMIZING TOTAL SYSTEM
ENERGY COSTS. WHAT WE ARE DOING IS LOOKING AT THESE SORTS OF CRITERIA.
WE HAVE THE AUTHORITY TO REVIEW EXISTING AND NEW PACKAGES AND
CONTAINERS. WE HAVE DEFINED A NEW PACKAGE AS ONE THAT CONTAINS A
PRODUCT WHICH HAS NOT BEEN SOLD PREVIOUSLY IN MINNESOTA. WE ARE
REQUESTING THAT THE PACKAGE USER SUBMIT FEASIBLE ALTERNATIVES TO THE
PACKAGE THEY HAVE CHOSEN TO MARKET THE NEW PRODUCT IN.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 012 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106673
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COMMENT GOVERNMENT
REPORT STUDY
WE THEN COMPARE THE SELECTED PACKAGE WITH THOSE FEASIBLE ALTERNATIVES
THE USER SUBMITS TO US. IF IT IS A REVISION OF AN EXISTING PACKAGE WE
REQUEST THAT THE PACKAGE USER SUBMIT TO US THE PROPOSED NEW PACKAGE AS
WELL AS ANY CURRENT PACKAGES THEY ARE MARKETING THAT PRODUCT IN. WE
THEN COMPARE THE PROPOSED REVISION TO THE EXISTING PACKAGE OR PACKAGES.
SENATOR DOMENICI. SO BUILT INTO EITHER NEW OR EXISTING WOULD BE AN
ANALYSIS OF THE AVAILABLE ALTERNATIVES FOR THE MARKETING END OF IT?
MS. WENDT. THIS IS CORRECT.
SENATOR DOMENICI. WAS IT YOUR TESTIMONY THAT YOU WOULD HOPE WE WOULD
PROCEED TO THE POINT WHERE THERE WOULD BE THE ABILITY TO PROHIBIT
PACKAGING THAT CAME UP ON THE SIDE OF THAT ANALYSIS AS BEING EXTREMELY
WASTEFUL WITH ALTERNATIVES THAT ARE LESS WASTEFUL? YOU WOULD HOPE THAT
THERE WOULD BE SOME ACTUAL AUTHORITY TO PROHIBIT SUCH PACKAGING?
MR. MERRITT. YES. NOT ONLY WOULD THAT AVOID ANY LENGTHY LEGAL
ARGUMENTS AS TO WHETHER THAT IS INCLUDED WITHIN REGULATIONS WHICH IS
ALREADY IN ONE OF THE BILLS. SENATOR MUSKIE'S BILL, I BELIEVE, BUT ALSO
I THINK IT IS EQUALLY IMPORTANT ON THE BASIS OF ENVIRONMENTAL
CONSIDERATIONS. THERE ARE THOSE PACKAGES THAT ARE BEING USED NOW THAT
REALLY SHOULD NOT BE USED BASED ON ANY KIND OF CRITERIA SUCH AS WE HAVE
PUT OUT HERE.
SENATOR DOMENICI. HAVE YOU HAD ENOUGH EXPERIENCE WITH THOSE WHO
MARKET COMMODITIES WHERE THE PACKAGING IS EXCESSIVE USING YOUR CRITERIA?
HAVE YOU HAD ANY EXPERIENCE WHICH WOULD INDICATE THAT THESE COMPANIES
DON'T EVEN CONSIDER THIS AS PART OF THEIR PUTTING THESE PRODUCTS ON THE
MARKET? WHAT I AM GETTING AT IS: WOULD A FIRST STEP BE TO GETTING
GOING IN THIS COUNTRY A REAL PUBLIC RELATIONS EFFORT THAT BIG BUSINESS
WOULD ALSO BECOME VERY AWARE OF SUCH AN IMPACT, SUCH AN ABUSE OF RAW
MATERIALS? WOULD THAT HAVE ANY EFFECT FROM WHAT YOU SEE AT THIS POINT?
MS. WENDT. I THINK IT WOULD. I GUESS OUR EXPERIENCE IS MIXED.
THERE ARE THOSE COMPANIES WITHOUT NAMING NAMES HERE THAT ARE VERY MUCH
CONCERNED ABOUT RESOURCE CONSERVATION AND THE PROBLEM OF WASING OUR
RESOURCES INCLUDING ENERGY. WE FOUND SEVERAL COMPANIES WILLING TO
PROVIDE SUPPORT FOR OUR REGULATIONS. THERE ARE THOSE COMPANIES THAT
DON'T SEE IT YET BECAUSE OBVIOUSLY THIS IS A NEW AREA. I THINK PUBLIC
EDUCATION IS EXTREMELY IMPORTANT AND OUGHT TO BE INCLUDED IN THE
LEGISLATION.
SENATOR DOMENICI. LET ME MOVE FROM THE SUBJECT TO YOUR CONCERN ABOUT
RECOVERY OF ENERGY FROM SOLID WASTE. WE HAVE SOME VERY BROAD FACTS THAT
INDICATE THAT PERHAPS 5 PERCENT OF OUR ENERGY COULD BE GENERATED BY THIS
METHOD IN OUR COUNTRY WHICH IS THEN EQUATED WITH ALL OF THE LIGHTING OF
OUR RESIDENCES AND BUSINESSES IN THE COUNTRY. YOU ARE NOT SAYING, ARE
YOU, THAT THIS AREA DOES NOT DESERVE SERIOUS CONSIDERATION BY CONGRESS
AND THAT WE SHOULD STIMULATE EXPERIMENTATION AND PLANNING IN THIS AREA,
BUT RATHER YOU ARE CONCERNED ABOUT FIRST FINDING OUT WHAT CAN BE REMOVED
TO BE REUSED OVER THE LONG HAUL SO THAT PEOPLE THAT ARE GOING TO PRODUCE
ENERGY DON'T BEGIN TO RELY UPON THE WRONG SOLID WASTE PRODUCT? IS THAT
YOUR CONCERN?
MS. WENDT. YES. THAT CERTAINLY VERY WELL SUMMARIZES OUR CONCERN,
SENATOR. WE DON'T WANT TO SEE US GO DOWN THE PATH OF PRODUCING
ELECTRICITY FROM MATERIALS THAT COULD BE RECYCLED, REUSED, OR MAYBE NOT
EVEN GENERATED IN THE FIRST PLACE BECAUSE THE ANALYSIS SHOWS THAT THAT
IS NOT THE MOST EFFICIENT WAY TO TREAT THESE MATERIALS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 013 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106674
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SENATE
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COMMENT GOVERNMENT
REPORT STUDY
SEANTOR DOMENICI. I WOULD WANT TO ASSURE YOU SINCE YOU WON'T BE HERE
FOR ALL OF THE TESTIMONY THAT THE STAFF AS ARRANGED FOR A NUMBER OF
WITNESSES WHO WILL TALK TO THE SUBJECT OF THE ECONOMICS OF ENERGY
CONVERSION AND ALSO WILL SPEAK TO THE SUBJECT OF WHAT CAN BE TAKEN OUT
THAT CAN BE RECYCLED OR REUSED BEFORE IT IS CONVERTED. BUT IT DOES SEEM
TO ME THAT WHEN YOU LOOK AT THE QUANTITY THAT THERE ARE CERTAINLY
REGIONS IN THIS COUNTRY THAT FOR THE FORESEEABLE FUTURE WILL HAVE AN
AMPLE SUPPLY OF RAW MATERIAL TO CONVERT. SO WE WILL NOT GO OFF ON A
BASIS OF NOT HAVING THE ECONOMICS AND THE RECOVERABLES BUILT INTO THE
EQUATION.
MR. CHAIRMAN. I HAVE USED MY 10 MINUTES.
SENATOR RANDOLPH. THANK YOU, SENATOR DOMENICI. THANK YOU, SENATOR
STAFFORD. IF YOU HAVE FURTHER QUESTIONS THINKING IN TERMS OF THE
WITNESSES TO FOLLOW, WE CERTAINLY WOULD WANT TO CONTINUE. WE WILL KEEP
OURSELVES FLEXIBLE.
A MEMBER OF OUR PUBLIC WORKS COMMITTEE BUT NOT A MEMBER OF THIS PANEL
IS SENATOR GRAVEL OF ALASKA. HE HAS A PARTICULAR REASON FOR BEING HERE
TO ASK A QUESTION IN REFERENCE TO MATTERS OF CONCERN -- TIMBER SUPPLIES
-- AS THEY ARE WORKED INTO PRODUCTIVITY OF NEWSPAPERS AND SO FORTH
THROUGHOUT THE COUNTRY.
SO, SENATOR, IF YOU WOULD MOVE TO THAT MATTER.
SENATOR GRAVEL. THANK YOU, MR. CHAIRMAN.
THE POINT I WANT TO ADDRESS MYSELF TO IN QUESTIONING IS THE DISPARITY
THAT EXISTS BETWEEN SUPPLIERS OF RAW MATERIALS THROUGH TAX ADVANTAGES
THAT THEY HAVE AS OPPOSED TO RECYCLED MATERIALS. I HAPPEN TO KNOW ONE
GENTLEMAN 3 OR 4 YEARS AGO WHO WAS IN THE RECYCLED PAPER BUSINESS.
LARGE COMPANIES MADE IT A POINT NOT TO BUY HIS PRODUCT BECAUSE IT WAS
RECYCLED. THERE IS AN ADVANTAGE OF A PERSON WITH THE DEPLETION
ALLOWANCE DEALING IN IRON ORE, DEALING IN TIMBER, A WHOLE HOST OF RAW
MATERIALS THAT GO INTO IT. SO THERE IS AN INCENTIVE. WE HAVE
STRUCTURED OUR TAX SYSTEM WHERE WE GIVE AN INCENTIVE OR EDGE TO THE
PERSON WHO IS USING RAW MATERIALS RATHER THAN THE PERSON THAT IS
CONVERTING THIS STUFF FROM EITHER SCRAP IRON OR ANY OTHER IRONS.
HAVE YOU GIVEN ANY THOUGHT TO WHAT TYPES, IF ANY, OF TAX, ADVANTAGES,
COULD BE HANDED OUT IN ORDER TO EQUATE THE SYSTEM OR TO GIVE AN EDGE
TOWARD THE RECYCLING PROCESS?
MR. MERRITT. YES, WE HAVE, SENATOR, AND MR. CHAIRMAN. WE ARE VERY
MUCH CONCERNED ABOUT, FOR EXAMPLE, IN MINNESOTA, THE POSSIBILITY THAT
LARGE INDUSTRIES SUCH AS INTERNATIONAL NICKEL AND MAYBE FOUR OR FIVE,
INCLUDING UNITED STATES STEEL WOULD COME IN AND BEGIN THE OPEN PIT
MINING OF COPPER NICKEL.
WE HAVE A LARGE DEPOSIT OF LOW-GRADE COPPER NICKEL IN MINNESOTA, BUT
THE VERY REAL POSSIBILITY RIGHT AROUND THE CORNER OF OPEN PIT MINING,
SMELTING NEAR THE CANOE AREA, WHICH IS SOMETHING LKE WHAT YOU HAVE IN
ALASKA AND THE NATIONAL FOREST.
LOOKING AT THAT SITUATION, YOU DO FIND VERY REAL TAX ADVANTAGES.
CERTAINLY WE HAVE A DEPLETION ALLOWANCE IN MINNESOTA FOR IRON OR WHICH
ENCOURAGES THE DEPLETION OF THESE NONRENEWABLE RESOURCES.
COMPARING THAT WITH THE INCENTIVES FOR RECYCLING IT IS A SHARP
CONTRAST. I THINK THAT WHAT WE NEED IS SOME KIND OF PUBLIC INCENTIVES
HERE WITH THE KINDS OF PROGRAMS THAT ARE SPELLED OUT IN THE BILLS,
GRANT-IN-AIDS FOR PLANNING AND FOR ENCOURAGEMENT OF SOURCE REDUCTION AT
THE OUTSET, AND THEN I THINK SOME KIND OF SUBSIDIES FOR OUR RESOURCE
RECOVERY IN THOSE AREAS WHERE IT WOULD BE EFFICIENT AND THE BEST USE OF
OUR RESOURCES TO DO THAT.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 014 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106675
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COMMENT GOVERNMENT
REPORT STUDY
SENATOR GRAVEL. OBVIOSLY, THE PLANNING WOULD HELP FROM A
GOVERNMENTAL POINT OF VIEW, BUT IF YOU ARE GOING TO TRY AND GET X
COMPANY TO COMPETE WITH Y COMPANY, WHICH HAS A TAX ADVANTAGE, THEN THE
ONLY WAY YOU CAN DO IT IS TO GIVE THEM ANOTHER TAX ADVANTAGE TO X
COMPANY OR TO TAKE AWAY THE TAX ADVANTAGE THAT Y COMPANY HAS.
SO EITHER WE TAKE AWAY THE DEPLETION ALLOWANCE ON NICKEL, WHICH WILL
RAISE THE PRICE OF THE NICKEL TO THE CONSUMER, BUT WE ARE GOING TO HEAR
A HUE AND CRY NOT ONLY FROM ALASKA, BUT FROM MINNESOTA ON THE DOING AWAY
WITH THE DEPLETION. OF COURSE, WE ARE TALKING IN TERMS OF DOING THAT
WITH OIL RIGHT NOW.
MR. MERRITT. I THINK THE FOCUS SHOULD BE, FOR EXAMPLE IN THE CASE OF
NICKEL, WHETHER OR NOT WE NEED THE CHROME THAT IS PRODUCED FROM THE
NICKEL TO USE ON OUR AUTOMOBILES.
IN OTHER WORDS, IF WE CAN REDUCE THE USE OF NICKEL FOR NONESSENTIAL
USES, SUCH AS CHROME ON AUTOMOBILES, THEN WE DON'T HAVE TO RIP OFF NEW
AREAS OF OUR COUNTRY OR OF THE WORLD TO PRODUCE COPPER, NICKEL TO GO
INTO THAT.
SENATOR GRAVEL. THAT IS A VERY DIFFICULT DECISION TO MAKE. YOU ARE
TALKING ABOUT THE STYLIST, THE ARTIST THAT GOES INTO THE DESIGN OF THE
AUTOMOBILE, HOW MUCH CHROME THEY NEED TO SELL ONE AUTOMOBILE OVER
ANOTHER AUTOMOBILE.
YOU CAN PUT THE GOVERNMENT IN THAT POSITION WHERE THEY ARE GOING TO
CONTROL EVERY FACET OF THAT, OR YOU CAN DO IT THROUGH THE FREE
ENTERPRISE SYSTEM BY LETTING THE PRICE OF CHROME BECOME MORE DEAR SO
THAT THEY WILL THINK TWICE BEFORE THEY DESIGN IT INTO THE AUTOMOBILE.
YOU HAVE YOUR CHOICE. YOU CAN RECOMMEND A GOVERNMENTAL ACTION, BUT
THEN AGAIN WE HAVE GOVERNMENT MAKING DECISION ON HEART, TASTE, AND ALL
OF THESE OTHER ASPECTS OF IT WHICH I BECAME SORT OF CONCERNED ABOUT. I
RATHER SEE US DO AWAY WITH THE DEPLETION ON CHROME, RATHER ON NICKEL, OR
GIVE A TAX ADVANTAGE TO PEOPLE WHO RECYCLE EXISTING BUMPERS.
MR. MERRITT. I THINK WE CAN FOLLOW SEVERAL OF THOSE ROUTES. I
BELIEVE THAT GOVERNMENT'S ROLE IN PUBLIC EDUCATION HERE IS VERY
IMPORTANT AND WOULD PROVIDE CONSUMERS WITH THE INFORMATION THAT THEY
COULD USE IN MAKING INTELLIGENT CHOICES ON CONSUMPTION.
SENATOR GRAVEL. ARE YOU INTERFACED WITH PRIVILEGE AT COMPANIES IN
YOUR AREA?
MR. MERRITT. VERY MUCH SO.
SENATOR GRAVEL. I WONDER IF WE COULDN'T ASK THEM, MR. CHAIRMAN, TO
INQUIRE OF THE ECONOMIC INTERESTS IN THIS AREA AS TO THE POSSIBILITY OF
DOING AWAY WITH THE DEPLETION ALLOWANCES OR TAX ADVANTAGES; ONE, AS TO
HOW MUCH REACTION THAT WOULD ENGENDER, AND, TWO, WHAT WOULD BE THE
RECOMMENDATION THAT YOU WOULD MAKE UPON REFLECTION TO ARRIVE AT TAX
ADVANTAGES TO EQUATE THE EXISTING SITUATION COMPETITIVELY FROM VARIOUS
SECTORS THAT ARE RECYCLED THAT NEED SOME ADVANTAGE?
MR. MERRITT. I THINK YOU ARE VERY CORRECT. THERE WOULD BE A HUE AND
CRY IF YOU ARE GOING TO DROP THE DEPLETION ALLOWANCE. I BELIEVE SENATOR
HUMPHREY HAS A BILL TO DO THAT WITH THE OIL DEPLETION ALLOWANCE.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 015 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106676
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COMMENT GOVERNMENT
REPORT STUDY
IT SEEMS TO ME IF YOU ARE GOING TO DROP THE OIL DEPLETION ALLOWANCE
THAT WOULD AFFECT TEXAS, IT WOULD ONLY APPLY TO THE OIL INDUSTRY.
SENATOR GRAVEL. THAT WOULD BE VERY DIFFICULT FOR SENATOR HUMPHREY TO
DO THAT. I THINK YOU WOULD FIND IT EASY FOR US TO LEGISLATE IN ALASKA
OR TEXAS ON THIS PROBLEM, BUT I MIGHT FIND IT VERY EASY TO TAKE CARE OF
YOUR IRON ORE PEOPLE.
WE CAN TRADE OFF AND DO WHAT IS RIGHT.
THANK YOU, MR. CHAIRMAN. IF YOU HAVE AN OPPORTUNITY TO GLEAN SOME
INFORMATION TO FURNISH TO THE COMMITTEE, I THINK IT COULD BE MOST
VALUABLE.
SENATOR RANDOLPH. THANK YOU, SENATOR GRAVEL.
SENATOR BIDEN, OF DELAWARE, IS A MEMBER OF THIS PANEL. WE WELCOME
HIM HERE TODAY. HE ALSO CHAIRS OUR PANEL, WITHIN THE SUBCOMMITTEE, ON
ENVIRONMENTAL SCIENCE AND TECHNOLOGY.
I AM NOT SURE, JOE, WHETHER YOU HAVE AN OPENING STATEMENT. IF YOU
DO, WE WOULD BE DELIGHTED TO HAVE IT NOW.
SENATOR BIDEN. MR. CHAIRMAN, I HAVE NO OPENING STATEMENT. WERE I
CONVINCED ON THE MERITS, I WOULD BE HAPPY TO ACCOMMODATE BOTH SENATOR
HUMPHREY AND DELAWARE. BEING FROM DELAWARE HAVING NEITHER IRON ORE,
NICKEL AND/OR ORE, I HAVE NO COMMENT AT THIS POINT. THANK YOU.
SENATOR RANDOLPH. THANK YOU VERY MUCH FOR YOUR ATTENTION TO NOT ONLY
THE PROBLEMS IN OUR PANEL BUT WORKING WITH US IN THIS IMPORTANT SUBJECT
MATTER.
I SHALL MOVE ALONG QUICKLY BECAUSE OF OTHER WITNESSES. WHAT WE HAVE
BEEN RAISING HERE ARE POINTS THAT I WANT TO FOLLOW THROUGH ON FOR
PERHAPS 5 MINUTES.
WHEN I INTRODUCED S. 3560, THAT LEGISLATION REQUIRED THE
MANUFACTURERS OF CONTAINERS TO GUARANTEE PURCHASE OF ALL SECONDARY
MATERIALS FROM CONTAINERS RECOVERED FROM RESOURCE RECOVERY SYSTEMS
CONSTRUCTED WITH FUNDS RECEIVED UNDER THE SOLID WASTE DISPOSAL ACT, AS
AMENDED.
IN PRINCIPLE, MR. MERRITT, DO YOU SUPPORT A GUARANTEED MARKET FOR
RECYCLED MATERIALS? DO YOU BELIEVE THAT THIS APPROACH HAS MERIT ON
OTHER MATERIALS OTHER THAN CONTAINERS?
SHOULD THE MARKETPLACE DETERMINE THE PRICE THAT IS TO BE PAID FOR
SUCH RECYCLED MATERIALS? OR WOULD THERE HAVE TO BE A GUARANTEED MINIMUM
PRICE TO ASSURE THAT RECYCLING DOES OCCUR? IF SO, WHO IS GOING TO SET
THE PRICE? WOULD YOU COMMENT?
MR. MERRITT. SENATOR, I THINK, IN GENERAL, WE WOULD BELIEVE THAT
THERE SHOULD BE SOME KIND OF GUARANTEE BY THE COMPANIES INVOLVED HERE
THAT THE MATERIALS RECOVERED WOULD BE USED.
THERE ARE SOME EXCEPTIONS, I BELIEVE, IN SECTIONS 217 AND 218 THAT
CONCERN US. WE HAVEN'T HAD AN OPPORTUNITY TO GO THROUGH THIS IN GREAT
DETAIL AND WE ARE CERTAINLY GOING TO FOLLOW THE RECORD HERE AND THE
TESTIMONY THAT IS PRODUCED SO THAT I DON'T HAVE ANY VERY DETAILED
RESPONSE TO THAT PORTION OF YOUR BILL AT THIS TIME.
SENATOR RANDOLPH. WE WOULD WELCOME THE OPPORTUNITY TO STUDY WHAT YOU
WOULD PREPARE AND SEND TO US, FOLLOWING YOUR TESTIMONY TODAY.
SENATOR STAFFORD?
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 016 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106677
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COMMENT GOVERNMENT
REPORT STUDY
SENATOR STAFFORD. THANK YOU, MR. CHAIRMAN. I HAVE NO FURTHER
QUESTIONS OF MR. MERRITT. I WILL BE GLAD TO YIELD WHAT TIME I HAVE TO
SENATOR DOMENICI, IF HE NEEDS IT.
SENATOR DOMENICI. I HAVE JUST A COUPLE OF QUESTIONS. WOULD YOU GIVE
US YOUR BEST JUDGMENT ON WHETHER WE NEED A SPECIAL OFFICE EITHER IN EPA
OR ELSEWHERE IN THIS WHOLE AREA AT THE NATIONAL LEVEL TO BE THE FOCAL
POINT FOR GATHERING UP THE INFORMATION FOR THE ISSUANCE OF INFORMATION,
STANDARDS FOR HELPING STATES WITH TECHNICAL KIND OF ASSISTANCE IN THE
AREA OF LAND USE PLANNING, SOLID WASTE DISPOSAL AND THE WHOLE ARENA,
INCLUDING HAZARDOUS WASTE?
MR. MERRITT. SENATOR, IN OUR LENGTHY STATEMENT FOR THE RECORD WE
HAVE ADDRESSED THIS QUESTION AND I BELIEVE THAT SECTION 217 OF YOUR
BILL, S. 3277, PROPOSES THE ESTABLISHMENT OF AN OFFICE OF ENERGY AND
RESOURCE RECOVERY.
OUR FRANK REACTION TO THAT IS THAT IT SHOULD BE BROADENED TO
ENCOMPASS RESOURCE CONSERVATION ALONG THE LINES WE DISCUSSED.
IF IT WERE FOCUSED ON RESOURCE CONSERVATION AND SOMETHING BROADER
THAN THE TITLE "ENERGY AND RESOURCES RECOVERY" AND, OF COURSE, WOULD
INCLUDE SOURCE REDUCTION, WE COULD THEN SUPPORT IT.
MY OWN EXPERIENCE WITH OUR AGENCY AND IN DEALING WITH EPA IS THAT WE
HAVEN'T GIVEN ENOUCH ATTENTION TO SOLID WASTE MANAGEMENT. IT HAS BEEN
CERTAINLY BEHIND AIR AND WATER, PROBABLY IN PART BECAUSE WE HAD THE
CLEAN AIR ACT OF 1970.
WE HAD THE 1972 FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS AND
ALL OF THE EFFORT THAT WENT INTO THOSE. OF COURSE, WE CAN ONLY FIND SO
MUCH TIME. NOW I THINK THAT IN ORDER TO FOCUS ATTENTION ON THESE
PROBLEMS IT IS IMPORTANT TO NOTE THAT ADDITIONAL STAFFING BE PROVIDED
FOR THE EPA. I BELIEVE THAT CREATING THE NEW TYPE OF OFFICE WHICH YOU
SUGGEST AND WHICH WE FURTHER DEFINED WOULD BE A COMMENDABLE APPROACH.
SENATOR DOMENICI. LET'S REFER TO A FEW SECTIONS BEYOND THAT, SECTION
221
SENATOR BIDEN. WILL THE SENATOR YIELD?
SENATOR DOMENICI. CERTAINLY.
SENATOR BIDEN. SENATOR DOMENICI'S QUESTION WAS DIRECTED TOWARD A
VERY SPECIFIC OFFICE BEING SET UP. I THOUGHT YOUR ANSWER SAID YOU WOULD
LIKE IT BROADER, MORE ALL ENCOMPASSING AND THE REASON FOR THAT IS THE
NEED TO FOCUS.
IN MY LIMITED EXPERIENCE HERE IN 18 MONTHS IF YOU WANT TO FOCUS, YOU
HAD BETTER FOCUS BEFORE YOU START RATHER THAN GO THROUGH THE LARGE
BUREAUCRATIC FRAMEWORK OF SETTING UP A PANEL THAT IS GOING TO STUDY THE
WORLD AND END UP DOING NOTHING EXCEPT PAYING SALARIES.
I WONDER WHETHER OR NOT YOU COULD BE MORE SPECIFIC WITH ME AS TO
PRECISELY WHAT YOU THINK THAT OFFICE WITHIN THE EPA SHOULD BE DOING.
MR. MERRITT. YES, SENATOR. EARLIER IN OUR STATEMENT, WE ADDRESSED,
I THINK THE PROBLEMS THAT YOU HAVE RAISED HERE. OUR CONCERN IS WE WILL
HAVE AN OFFICE OF RESOURCE RECOVERY THAT WILL FUNNEL MONEY OUT AROUND
THE COUNTRY TO BUILD RESOURCE RECOVERY CENTERS BEFORE WE STUDY THE
PROBLEM AND DETERMINE WHAT THE MARKETS ARE AND FOCUS ATTETNION ON SOURCE
REDUCTION.
THAT IS REALLY THE THRUST OF OUR COMMENTS HERE THIS MORNING: TRYING
TO REDUCE THE GENERATION OF SOLID WASTE. OUR CONCERN IS PRECISELY WHAT
YOU ARE ALLUDING TO HERE, THAT WE WILL GO AHEAD WITH A BUREAUCRATIC
OPERATION IN THE WRONG DIRECTION.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 017 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106678
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COMMENT GOVERNMENT
REPORT STUDY
ON THE OTHER HAND, IT IS CERTAINLY OUR EXPERIENCE THAT IT TAKES
PEOPLE TO FOCUS ATTENTION ON A PROBLEM. I THINK IF CONGRESS WRITES THE
RIGHT KIND OF BILL AND ALSO PROVIDES SOME STAFF TO IMPLEMENT IT ALONG
THAT LINE WITH THE COMBINED APPROACH THAT WE HAVE DISCUSSED HERE THAT WE
WOULD MEET OUR PROBLEM.
SENATOR BIDEN. IF IT WERE AN EITHER-OR PROPOSITION, YOU WOULD PREFER
THAT THERE BE THE STAFF TO STUDY THE REDUCTION AS OPPOSED TO THE
RECYCLING. IS THAT CORRECT?
MR. MERRITT. YES. I W OULD HAVE TO ANSWER YES AND WE HAVE STATED
THAT IN OUR STATEMENT HERE THAT IF IT CAME DOWN TO JUST AN OFFICE OF
ENERGY AND RESOURCE RECOVERY, WE WOULD NOT LIKE TO SEE THAT KIND OF AN
OFFICE ESTABLISHED.
IF IT WERE BROADENED TO FOCUS ALONG THE LINES WE HAVE DISCUSSED HERE,
I THINK THE ANSWER WOULD BE YES.
SENATOR BIDEN. THANK YOU VERY MUCH. THANK YOU FOR YIELDING.
SENATOR DOMENICI. WOULD YOU REFER TO SECTION 221 OF THE SAME BILL
WHERE WE REQUIRE EPA TO PUBLISH GUIDELINES, SPECIFYING RECOVERABLE
PERCENTAGES OF ENERGY AND RESOURCES AND TO PUBLISH DESCRIPTIONS OF THE
BEST PRACTICES AND TECHNOLOGIES FOR ACHIEVING SUCH RECOVERY? IF I
UNDERSTAND THAT SECTION IN TERMS OF YOUR DISCUSSION HERE TODAY, IF IN
FACT IT COULD DO THAT AND IF IT COULD INCLUDE WITHIN ITS GUIDELINES
RECOVERABLE AND REUSABLE AND RECYCLED ALONG WITH ENERGY CONVERSION
FACTORS YOU WOULD SUPPORT SUCH AN EFFORT. IS THAT CORRECT?
MR. MERRITT. SENATOR, I THINK IF IT WERE BROADENED IN THAT WAY WE
COULD SUPPORT THAT KIND OF RESEARCH. I GUESS IF IT WERE FOCUSED AS 221
NOW IS, ON MERE GUIDELINES OF PERCENTAGE AND ENERGY RESOURCES RECOVERED
FROM SOLID WASTE, WE WOULD BE CONCERNED ABOUT BUILDING UP A BUREAUCRACY
TO DO WHAT MIGHT BE LARGELY A MEANINGLESS ACTIVITY.
I GUESS IF YOU ADDED THOSE ENERGY CONSERVATION AND SOURCE REDUCTION
RESPONSIBILITIES AND IMPROVED THAT LANGUAGE WE WOULD GO ALONG WITH THAT.
SENATOR DOMENICI. IT WOULD APPEAR TO ME THAT IF WE ARE GOING TO HAVE
A BALANCED THRUST AT ENERGY CONVERSION AND A THRUST AT YOUR MAJOR
PREMISE, OF CONSERVATION, REUSE, RECYCLE, IT WOULD SEEM TO ME THAT WE
OUGHT TO BE RUNNING THEM TOGETHER, NOT NECESSARILY THE IMPLEMENTATION,
BUT CERTAINLY IF YOU ARE GOING TO HAVE ANYONE IN THE ENERGY CONVERSION
END THEY OUGHT TO HAVE SOME VERY BASIC FACTS AVAILABLE SO THEY AREN'T
RELYING UPON THE MARKETPLACE THAT WILL DRY UP AS WE PROCEED DOWN THE
LINE OF CONSERVATION AND REUSE.
IT JUST SEEMS TO ME YOU HAVE TO HAVE BOTH GOING AT THE SAME TIME TO
HAVE A TOTAL WORKABLE PROGRAM. WHAT KEEPS GOING THROUGH MY MIND IS THAT
IN SPITE OF RECYCLING AND CONSERVATION, WHEN YOU LOOK AT THE BULK, THE
QUANTITIES OF BULK WE HAVE BEEN DESCRIBING, THE PROBLEMS OF BIG CITIES
DISPOSING OF GARBAGE, THAT WE CERTAINLY HAVE AN INTERIM PERIOD OF A
NUMBER OF YEARS WHEN THERE IS A CONVERTIBLE QUANTITY OF SIGNIFICANT
DIMENSION THAT CAN BE TURNED INTO ENERGY.
MR. MERRITT. I WOULD AGREE WITH THAT. I THINK, FOR EXAMPLE, THERE
ARE TREMENDOUS AMOUNTS OF SLUDGE GENERATED BY THE NEW SEWAGE TREATMENT
PLANTS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 018 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106679
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COMMENT GOVERNMENT
REPORT STUDY
/1/ "PULP AND PAPER INTERNATIONAL REVIEW," MILLER FREEMAN PUBLISHERS.
SAN FRANCISCO. JULY 25, 1973.
THAT SLUDGE CAN BE USED TO PRODUCE HEAT WHICH, ACCORDING TO THE DATA
WE HAVE SO FAR, IS BETTER THAN USING IT TO PRODUCE ELECTRICITY. I THINK
IF WE HAD SOME MORE DATA AND BACKGROUND PRODUCED BY THE KINDS OF THRUST
THAT YOU SPECIFY HERE THAT WE MIGHT BE BETTER ABLE TO DETERMINE HOW THIS
SLUDGE FITS IN WITH AN OVERALL SOLID WASTE MANAGEMENT PLANT.
SENATOR DOMENICI. THANK YOU, MR. CHAIRMAN.
SENATOR RANDOLPH. THANK YOU VERY MUCH, SENATOR DOMENICI.
FOLLOWING THROUGH ON YOUR LAST COLLOQUY, I WOULD LIKE TO ASK
MR. MERRITT IF THERE WERE TO BE A MAJOR RECYCLING OF PAPER AND
PLASTICS, WOULD THE REMAINING SOLID WASTES HAVE SUFFICIENT
HEAT VALUE FOR ENERY RECOVERED? HE WAS ADDRESSING HIMSELF
TO THIS POINT.
MR. MERRITT. SENATOR, I GUESS THAT I DON'T REALLY HAVE ENOUGH DATA
TO GIVE A DEFINITIVE ANSWER. MY FEELING FROM WHAT I HAVE SEEN SO FAR IS
IF YOU ELIMINATE PAPER AND PLASTIC YOU ARE TAKING AWAY A GOOD DEAL OF
THE NECESSARY INGREDIENTS FOR ENERGY RECOVERY CENTERS, AND THAT YOU
MIGHT HAVE SOME PROBLEMS TRYING TO GENERATE HEAT FROM THE REMAINING
SOLID WASTE.
SENATOR STAFFORD. SENATOR BIDEN, DO YOU HAVE FURTHER QUESTIONS?
SENATOR BIDEN. NO; THANK YOU, MR. CHAIRMAN.
SENATOR RANDOLPH. THANK YOU VERY MUCH FOR YOUR COOPERATION WITH THE
COMMITTEE AND THE PANEL THIS MORNING AND REMEMBER THAT WE WELCOME FROM
YOU ADDITIONAL MATERIAL WHICH WE WILL INCLUDE IN THE RECORD AND PERHAPS
JUST COLLOQUY BACK AND FORTH EVEN BY TELEPHONE AS WELL AS WRITTEN
RESPONSES.
MR. MERRITT. THANK YOU. IT HAS BEEN OUR PLEASURE TO BE HERE AND TO
PARTICIPATE, MR. CHAIRMAN.
MS. WENDT. THANK YOU.
(MR. MERRITT'S PREPARED STATEMENT FOLLOWS:)
THE CASE FOR SOURCE REDUCTION
SOURCE REDUCTION IS ONE OF OUR MOST IMPORTANT GOALS IN MINNESOTA. WE
SUPPORT THIS APPROACH FOR TWO BASIC REASONS -- MORAL AND PRAGMATIC. WE
NEED ONLY TO LOOK AT FIGURES ON U.S. VS. THE REST OF THE WORLD'S
CONSUMPTION OF RESOURCES TO BE CONVINCED THAT THE U.S. HAS NOT BEEN A
VERY RESPONSIBLE MEMBER OF TOTAL PLANET EARTH. ADDITIONALLY, THERE ARE
THREE PRAGMATIC CONSIDERATIONS IN THE SOURCE REDUCTION APPROACH. THESE
ARE THE INCREASING SCARCITY OF SOME RESOURCES, LAND NEEDED FOR SOLID
WASTE DISPOSAL, AND THE RELATIVELY SHORT SUPPLY OF ENERGY.
THE UNITED STATES CONSUMES RESOURCES AT A RATE THAT FAR EXCEEDS THAT
OF THE REST OF THE WORLD. STATISTICS ON PAPER USE ALONE WHEN COMPARED
TO THOSE FROM OTHER COUNTRIES, PROVIDE EVIDENCE OF OUR WASTEFULNESS.
FOR EXAMPLE, IN 1972, THE UNITED STATES CONSUMED ABOUT 613 POUNDS OF
PAPER PER PERSON; CANADA CONSUMED APPROXIMATELY 365 POUNDS PER PERSON;
THE SOVIET UNION 64 POUNDS PER PERSON, AND DEVELOPING NATIONS SUCH AS
SOME OF THOSE IN AFRICA LESS THAN ONE POUND OF PAPER PER PERSON. /1/
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 019 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106680
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COMMENT GOVERNMENT
REPORT STUDY
/2/ MATERIAL NEEDS AND THE ENVIRONMENT TODAY AND TOMORROW FINAL
REPORT OF THE NATIONAL COMMISSION ON MATERIALS POLICY, WASHINGTON, D.C.
JUNE 1973, PE-18.
/3/ THE OFFICE OF EMERGENCY PREPAREDNESS, "THE POTENTIAL FOR ENERGY
CONSERVATION," A STAFF STUDY, OCTOBER 1972, P. E-24.
THE HISTORICAL DEVELOPMENT OF THE U.S. ECONOMY HAS BEEN BASED ON THE
ABUNDANCE OF RESOURCES AND THE SEEMINGLY ENDLESS OPPORTUNITIES FOR
DEVELOPMENT AND GROWTH. THE ORIGINAL IMAGE OF THE U.S. AS THE "LAND OF
OPPORTUNITY" ATTRACTED IMMIGRANTS, AND THE RELATIVE ABSENCE OF SOCIAL
STRATIFICATION BASED ON HEREDITARY PRIVILEGE, TOGETHER WITH BOUNTIFUL
LAND, FOREST, AND WATER RESOURCES HELPED TO PROVE THE IMAGE TRUE FOR
MANY AMERICANS. BECAUSE AMERICA HAD SEMMINGLY UNLIMITED RESOURCES
COMPARED TO MOST EUROPEAN NATIONS, HER PEOPLE BECAME ACCUSTOMED TO A
HIGH STYLE DEPENDENT UPON USING THE AVAILABLE RESOURCES WITHOUT THOUGHT
OF THEIR DEPLETION IN THE FUTURE.
IT IS ONLY WITHIN THE LAST DECADE THAT OUR RATE OF CONSUMPTION OF
RESOURCES HAS BECOME A THREAT. EVEN NOW, HOWEVER, MOST AMERICANS ARE
UNAWARE OF THE GRAVE IMPLICATIONS OF BOTH CURRENT AND PROJECTED GROWTH
RATES IN RESOURCE USE. WHEN WE EXERCISE OUR CHOICE AS CONSUMERS VERY
FEW OF US CONSIDER HOW LONG THE PRODUCTS WE PURCHASE WILL LAST, OR
WHETHER THEY CAN BE EASILY REPAIRED, OR WHETHER THEY CAN BE REUSED OR
FEASIBLY RECYCLED.
NOW THE INCREASING BURDEN ON THE ENVIRONMENT AND OUR DOMESTIC
RESOURCE SUPPLIES MAKE IT IMPERATIVE FOR US TO BE MORE DISCRIMINATING IN
THE USE OF NATURAL RESOURCES. AS THE NATIONAL COMMISSION ON MATERIALS
POLICY FINAL REPORT OF 1973 STATES:
"PROFLIGATE MATERIALS USE HAS BEEN THOROUGHLY BUILT INTO THE NATION'S
ECONOMY, AND REMEDIAL STEPS MAY CAUSE PAINFUL READJUSTMENTS. BUT
INACTION CAN RESULT IN SERIOUS ECONOMIC DISLOCATIONS RESULTING IN LOSS
OF EMPLOYMENT AND INVESTMENTS, WHEN EMERGENCY MEASURES ARE TAKEN IN
RESPONSE TO UNFORESEEN SHORTAGES OR ENVIRONMENTAL CRISES. THE PROPER
APPROACH IS TO THINK AHEAD AND BRING ABOUT NEEDED CHANGE IN AN ORDERLY
MANNER. /2/
ONE WAY FOR GOVERNMENT TO DEAL WITH THE PROBLEM OF CONSERVING
MATERIALS AND ENERGY IS THROUGH RESOURCE RECOVERY. HOWEVER, RESOURCE
RECOVERY OR RECYCLING IS NOT ENOUGH. GENERALLY RESOURCE RECOVERY IS
MUCH MORE COSTLY THAN SIMPLY ENCOURAGING SOCIETY TO USE LESS. FOR
EXAMPLE, IN OUR OWN STATE WE HAVE CALCULATED THAT IT WOULD TAKE AT LEAST
16 RECYCLING CENTERS EACH HANDLING SIX MILLION POUNDS OF NON RETURNABLE
BEVERAGE BOTTLES AND CANS PER YEAR TO HAVE THE SAME IMPACT ON SOLID
WASTE AS A BAN ON NON-REFILLABLE BEVERAGE CONTAINERS. IN ADDITION, THE
RESOURCE RECOVERY PROCESS MAY ITSELF CREATE UNDESIRABLE ENVIRONMENTAL
IMPACTS OR CONSUME VITAL NATURAL RESOURCES SUCH AS PETROLEUM OR NATURAL
GAS. AS STATED IN THE OFFICE OF EMERGENCY PREPAREDNESS' STAFF STUDY,
THE POTENTIAL FOR ENERGY CONSERVATION:
". . .IT SHOULD BE EMPHASIZED THAT, WHILE THERE IS POTENTIAL ENERGY
SAVING IN RECYCLING, THE SAVINGS THROUGH REUSE (AS WITH REFILLABLE
CONTAINERS) OR THROUGH EXTENDING THE LIFE OF A PRODUCT IS MUCH GREATER.
IMAGINATIVE DESIGN AND STANDARDIZATION OF PRODUCT COMPONENTS COULD
FACILITATE REUSE WITHOUT REQUIRING RECYCLING OF THE CONSTITUENT
MATERIALS. /3/
THEREFORE, UNNECESSARY PRODUCTS THAT ULTIMATELY BECOME SOLID WASTE
UTILIZE SCARCE RESOURCES AND ENERGY IN THEIR PRODUCTION AND AGAIN IN
THEIR COLLECTION AND DISPOSAL. IN ORDER TO CUT DOWN ON THE WASTEFUL USE
OF NATURAL RESOURCES, AMERICANS SHOULD TURN TOWARD SOURCE REDUCTION.
AS WELL AS REDUCINC THE NUMBER OF RESOURCES AND ENERGY AVAILABLE, A
VAST QUANTITY OF LAND IS USED FOR SOLID WASTE DISPOSAL. THE GREATEST
AMOUNT OF WASTE IS GENERATED IN HIGHLY POPULATED AREAS WHERE THE VALUE
OF LAND IS HIGH. IT HAS BECOME INCREASINGLY DIFFICULT TO OBTAIN LAND
FOR DISPOSAL THAT IS WITHIN AN ECONOMICALLY FEASIBLE HAULING DISTANCE OF
THE SOLID WASTE. A PROGRAM OF SOURCE REDUCTION WOULD REDUCE THE
NECESSARY LAND FOR WASTE DISPOSAL AND INCREASE THE AMOUNT OF LAND TO BE
USED FOR OTHER PURPOSES.
THERE ARE TWO MAJOR AVENUES TO ACHIEVEMENT OF SOURCE REDUCTION
EDUCATIONAL AND LEGISLATIVE. THE EDUCATIONAL APPROACHES INCLUDE THE
REUSE OF PRODUCTS RATHER THAN IMMEDIATE DISPOSAL, EXTENSION OF PRODUCT
LIFETIME, USE OF LESS ENERGY AND MATERIALS PER PRODUCT, CONSUMPTION OF
FEWER PRODUCTS, SINGLE MATERIAL CONTAINERS TO ENHANCE RECYCLABILITY AND
UNIFORM SIZE AND SHAPE OF CONTAINERS FOR CERTAIN PRODUCTS TO ENHANCE
REUSE.
ONE NEED ONLY LOOK AT THE FOLLOWING TABLE FROM THE FINAL REPORT OF
THE NATIONAL COMMISSION ON MATERIALS POLICY TO IMAGINE THE VAST RESOURCE
AND ENERGY SAVINGS POSSIBLE BY EXTENDING BY ONE HALF THE LIVES OF THE
PRODUCTS LISTED.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 020 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106681
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COMMENT GOVERNMENT
REPORT STUDY
/4/ IBID., PP. 4C-13, RC-14.
/5/ ELLEEN L. CLAUSSEN, ENVIRONMENTAL IMPACTS OF PACKAGING, U.S.
ENVIRONMENTAL PROTECTION AGENCY, 1973, P. 2.
TABLE 1. -- LIFE EXPECTANCY AND RECOVERABILITY OF VARIOUS PRODUCTS 1
TABLE OMITTED
1 "MATERIAL NEEDS, " OP. CIT., P. 4C-13 SOURCE: BATTELLE MEMORIAL
INSTITUTE
AGAIN FROM THE COMMISSION REPORT:
"WE BELIEVE THAT THE NATION SHOULD NOT WAIT FOR A CRISIS BEFORE
CHANGING ATTITUDES ON EFFECTIVE UTILIZATION OF MATERIALS. IMPROVING THE
SERVICE PERFORMANCE OF MATERIALS MUST BE A NATIONAL GOAL BECAUSE THE
EXTENSION OF SERVICE LIFE OF A PRODUCT STRETCHES THE SUPPLY OF
MATERIALS, SINCE IT REDUCES THE NUMBER OF UNITS REQUIRED PER YEAR,
REDUCES THE GROWTH IN THE RECYCLING LOAD AND THEREBY THE IMPACT ON THE
ENVIRONMENT, REDUCES ENERGY DEMAND, AND MAY REDUCE NEEDS FOR RAW
MATERIAL IMPORTS." /4/
THE LEGISLATIVE APPROACHES IN ACHIEVING SOURCE REDUCTION WOULD
INCLUDE PRODUCT TAXES OR CHARGES, DEPOSITS OR BANS ON SELECTIVE PRODUCTS
OR CONTAINERS, AND REGULATIONS TO ACHIEVE PRODUCT STANDARDS.
MINNESOTA ELECTED TO ADOPT PACKAGING REGULATIONS BECAUSE OF THE
SIGNIFICANT GROWTH OF SOLID WASTE IN THIS AREA. BETWEEN 1963 AND 1970
THE PACKAGING INDUSTRY EXPERIENCED A GROWTH OF 60%. THIS GROWTH NOW
ACCOUNTS FOR 50% OF ALL PAPER, 87% OF GLASS, 11% OF ALUMINUM, 20% OF
PLASTICS AND 9% OF U.S. STEEL PRODUCTION. IN 1971 PACKAGING CONSUMED 5%
OF U.S. INDUSTRIAL ENERGY AND OF EQUAL IMPORTANCE, GENERATED OVER 40
MILLION TONS OF SOLID WASTE THAT WAS THROWN AWAY AT SICNIFICANT PUBLIC
EXPENSE. THIS 40 MILLION TONS REPRESENTS AN INCREASE OF 22% OVER 1966.
/5/
MUCH OF THIS PACKAGING, OF COURSE, SERVED A PRIMARY FUNCTION PRODUCT
PROTECTION. BUT IT IS CLEARLY EVIDENT THAT MORE AND MORE PACKAGING IS
ONLY FOR CONSUMER CONVENIENCE OR SALES APPEAL AT A MASSIVE PUBLIC COST
IN ENERGY, RESOURCES AND SOLID WASTE.
WE WOULD THEREFORE RECOMMEND THAT THE EPA BE CHARGED WITH THE
DEVELOPMENT OF EDUCATIONAL PROGRAMS IN THE SOURCE REDUCTION AREA FOR USE
BY STATES AND LOCAL AGENCIES. ALSO, CONGRESS SHOULD PASS LEGISLATION
SETTING PRODUCT AS WELL AS PACKAGING STANDARDS AS SOON AS POSSIBLE.
THE MINNESOTA PACKAGING STANDARD EXPERIENCE
BELIEVING THAT THE MOST EFFECTIVE WAY TO REDUCE THE SOLID WASTE
BURDEN IN THE STATE OF MINNESOTA WAS TO REDUCE IT AT THE SOURCE,
REPRESENTATIVE WILLARD MUNGER (WITH THE SUPPORT OF THE MINNESOTA
POLLUTION CONTROL AGENCY CITIZEN BOARD) INTRODUCED A BILL IN THE 1973
STATELEGISLATIVE SESSION WHICH WOULD HAVE GIVEN A STATE AGENCY THE
AUTHORITY TO CONTROL THE GENERATION OF ALL SOLID WASTE IN THE STATE.
MOST LEGISLATORS THOUGHT THAT WHILE SOME REGULATORY AUTHORITY WAS
NEEDED, THIS PROPOSED AUTHORITY WAS TOO BROAD. CONSEQUENTLY, THE BILL
WAS REVISED TO REGULATE PACKAGES AND CONTAINERS BASED ON ENVIRONMENTAL
IMPACT. WHEN IT BECAME APPARENT THAT THIS REVISION WAS STILL SUBJECT TO
CONSIDERABLE OPPOSITION, PARTICULARLY FROM THE PACKAGING INDUSTRY AND
LABOR, THE LEGISLATION WAS FURTHER REVISED TO GIVE THE MPCA THE
AUTHORITY TO REVIEW ALL NEW AND REVISED PACKAGES OR CONTAINERS SOLD AT
RETAIL IN MINNESOTA.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 021 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106682
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TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
THIS FINAL REVISION PROVED TO BE ACCEPTABLE TO LABOR, AND LESS
UNACCEPTABLE TO INDUSTRY, SINCE IT DID NOT THREATEN EXISTING INDUSTRIES.
CHAPTER 116F, MINN. STAT. (SUPP. 1973) BECAME EFFECTIVE ON MAY 25, 1973
(SEE APPENDIX A).
SECTION 6 OF CHAPTER 116F DIRECTS THE MPCA TO REVIEW NEW OR REVISED
PACKAGES OR CONTAINERS SOLD AT RETAIL IN MINNESOTA TO DETERMINE WHETHER
THE PACKAGE OR CONTAINER WILL CONSTITUTE A SOLID WASTE DISPOSAL PROBLEM
OR BE INCONSISTENT WITH THE ENVIRONMENTAL POLICIES OF THE STATE. THE
STATE POLICIES ARE DERIVED PRIMARILY FROM MINNESOTA STATE ENVIRONMENTAL
POLICY ACT. SEE MINN. STAT. 116D.02, SUBD. 2, (SUPP. 1973) WHICH
REQUIRES THAT STATE GOVERNMENT:
FULFILL THE RESPONSIBILITIES OF EACH GENERATION AS TRUSTEE OF THE
ENVIRONMENT FOR SUCCEEDING GENERATIONS;
ASSURE FOR ALL PEOPLE OF THE STATE SAFE, HEALTHFUL, PRODUCTIVE, AND
AESTHETICALLY AND CULTURALLY PLEASING SURROUNDINCS;
DISCOURAGE ECOLOGICALLY UNSOUND ASPECTS OF POPULATION, ECONOMIC AND
TECHNOLOGICAL GROWTH AND DEVELOP AND IMPLEMENT A POLICY SUCH THAT GROWTH
OCCURS ONLY IN AN ENVIRONMENTALLY ACCEPTABLE MANNER;
PRACTIC THRIFT IN THE USE OF ENERGY AND MAXIMIZE THE USE OF ENERGY
EFFICIENT SYSTEMS FOR THE UTILIZATION OF ENERGY, AND MINIMIZE THE
ENVIRONMENTAL IMPACT FROM ENERGY PRODUCTION AND USE;
REDUCE WASTEFUL PRACTICES WHICH GENERATE SOLID WASTE;
MINIMIZE WASTEFUL AND UNNECESSARY DEPLETION OF NONRENEWABLE
RESOURCES;
CONSERVE NATURAL RESOURCES AND MINIMIZE ENVIRONMENTAL IMPACT BY
ENCOURAGING EXTENSION OF PRODUCT LIFETIME BY REDUCING THE NUMBER OF
UNNECESSARY AND WASTEFUL MATERIALS PRACTICES, AND BY RECYCLING MATERIALS
TO CONSERVE BOTH MATERIALS AND ENERGY.
IF THE AGENCY DECIDES THAT A PARTICULAR PACKACE OR CONTAINER CREATES
A PROBLEM, THE AGENCY MAY AFTER HOLDING PUBLIC HEARINGS ISSUE AN ORDER
PROHIBITING THE SALE OF THE PACKAGE OR CONTAINER IN THE STATE. THE
PROHIBITION REMAINS IN EFFECT UNTIL THE LAST DAY OF THE NEXT FOLLOWING
LEGISLATIVE SESSION UNLESS EXTENDED BY ACTION OF THE LEGISLATURE. SEC.
6. CHAPTER 116F ALSO REQUIRES THAT THE AGENCY MUST ADOPT GUIDELINES
IDENTIFYING THE TYPES OF NEW OR REVISED PACKAGING SUBJECT TO ITS REVIEW.
THE MPCA STAFF FACED SEVERAL IMMEDIATE PROBLEMS IN IMPLEMENTATION OF
THE NEW LEGISLATION. PRELIMINARY ESTIMATES FROM INDUSTRY
REPRESENTATIVES INDICATED THAT THE MPCA MIGHT RECEIVE AS MANY AS 10,000
PACKAGES PER YEAR. THEREFORE, A MECHANISM WAS NEEDED TO REDUCE THIS
QUANTITY TO A RESONABLE NUMBER. MOST IMPORTANTLY, WE WERE FACED WITH
PRODUCING A WORKABLE SET OF GUIDELINES. THESE GUIDELINES HAD TO:
CONTAIN CRITERIA WHICH INDUSTRY COULD UTILIZE IN MAKING AT LEAST
PRELIMINARY JUDGMENTS AS TO WHETHER THEIR PROPOSED PACKAGES WOULD BE
ENVIRONMENTALLY SOUND, ESTABLISH A REIVEW PROCEDURE, AND DETERMINE WHAT
TYPE OF INFORMATION WOULD BE NEEDED BY THE STAFF TO ADEQUATELY REVIEW
PACKAGE AND CONTAINERS.
AS MINNESOTA WAS THE FIRST (AND TO DATE THE ONLY) STATE TO PASS
LEGISLATION SETTING PRODUCT STANDARDS, WE HAD NO MODEL TO FOLLOW IN
WRITING GUIDELINES OR SETTING UP OUR PROGRAM.
ANOTHER PROBLEM FACING THE AGENCY WAS A LACK OF STAFF WITH EXPERTISE
IN THE TECHNICAL ASPECTS OF PACKAGE DESIGN.
REALIZING THAT THE LIMITED MPCA SOURCE REDUCTION STAFF COULD NOT
POSSIBLY HANDLE THE ESTIMATED 10,000 PACKAGES IN THE REVIEW PROCESS EACH
YEAR, IT NARROWED ITS AUTHORITY BY USE OF THE DEPARTMENT OF COMMERCE
NUMERICAL LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS) WHICH WAS
A PUBLICATION FAMILIAR TO MOST INDUSTRIES. THIS PUBLICATION HAD THE
ADDED ADVANTAGE OF PROVIDING AN UNBIASED, UNDISPUTED DELINEATION OF
PRODUCTS BY CODE NUMBERS. THE STAFF SELECTED INDUSTRY NUMBERS
20111-20999 (FOOD AND BEVERAGE), 28412-28424 (HOUSEHOLD CLEANING
SUPPLIES), AND 28441-28445 (COSMETICS AND TOILETRIES) AS THOSE PRODUCT
AREAS WHICH THE AGENCY WOULD BE INTERESTED IN REVIEWING. ACCORDING TO A
STUDY COMMISSIONED BY THE U.S. EPA THESE THREE CATEGORIES CONSTITUTE 85%
OF RESIDENTIAL PACKAGING SOLID WASTE.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 022 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106683
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COMMENT GOVERNMENT
REPORT STUDY
THE TYPES OF PACKAGES OR CONTAINER MATERIALS UTILIZED BY THESE THREE
PRODUCT CATEGORIES ARE SUMMARIZED IN THE SUPPORTING DOCUMENT ENTITLE1
"PACKAGING MATERIALS DATA" (SEE APPENDIX B). OUR GUIDELINES ARE
THEREFORE APPLICABLE TO 75% OF THE PAPER, 99% OF THE GLASS, 85% OF THE
STEEL, 96% OF THE ALUMINUM AND 57% OF THE PLASTIC IN RESIDENTIAL
PACKAGING SOLID WASTE.
ADDITIONALLY, WE INCORPORATED INTO THE GUIDELINES AN EXEMPTION
SECTION TO FURTHER REDUCE THE VOLUEM OF PACKAGES NECESSARY FOR REVIEW.
(SEE SR-4 ON PAGES 11-16 OF APPENDIX C.) SR-4 DEALS WITH BOTH GENERAL
AND SPECIFIC EXEMPTIONS. AS THE STAFF BECAME MORE KNOWLEDGEABLE IN THE
PACKAGING DESIGN AREA, WE REALIZED THAT THERE ARE MINOR CHANGES
OCCURRING IN ANY GIVEN PACKAGING INDUSTRY EVERY DAY FOR A VARIETY OF
REASONS. WITHOUT A SET OF EXEMPTIONS TO DEAL WITH THESE MINOR CHANGES,
THE MPCA STAFF WOULD HAVE BEEN DELUGED WITH PACKAGES WHICH WOULD HAVE
HAD NO ADVERSE ENVIRONMENTAL IMPACT WHATEVER. THE STAFF WAS AND
CONTINUES TO BE INTERESTED IN REVIEWING ONLY SUBSTANTIVE PACKAGING
CHANGES, E.G., A SHIFT FROM A GLASS CONTAINER TO A PRESSURIZED
CONTAINER.
THE DEVELOPMENT OF A SET OF CRITERIA WHICH COULD PROVIDE ASSISTANCE
TO INDUSTRY IN PREDETERMINING WHETHER A SPECIFIC PACKAGE WOULD BE
APPROVED OR NOT, PROVED TO BE A DIFFICULT PROBLEM. HOWEVER, THE STAFF
HAS NOW DECIDED TO ENCOUFAGE THOSE ALTERNATIVES WHICH:
1. MINIMIZE THE POTENTIAL FOR ENVIRONMENTAL CONTAMINATION, INCLUDING
BUT NOT LIMITED TO THE RELEASE OF METALS OR SUBSTANCES WITH THE
POTENTIAL FOR BIOLOGICAL HARM;
2. MINIMIZE THE TOTAL SYSTEM ENERGY COSTS (THESE INCLUDE: MINING,
MANUFACTURING, FABRICATION, TRANSPORTATION AND DISPOSAL):
3. MINIMIZE THE USE OF SCARCE OR NON-RENEWABLE RESOURCES;
4. MINIMIZE THE USE OF VIRGIN MATERIALS;
5. ARE MOST RECYCLABLE WHERE RECYCLABILITY IS CONSISTENT WITH 1. AND
2. ABOVE;
6. MINIMIZE ADVERSE ECONOMIC EFFECTS ON THE CONSUMER, THE LABOR
FORCE, AND INDUSTRY, CONSISTENT WITH 1. AND 2. ABOVE.
ADDITIONALLY, THE STAFF HAS IN SR-4 (ON PAGES 6-8 OF APPENDIX C),
LISTED THOSE TYPES OF REVISIONS IN PACKAGING MATERIALS WHICH WOULD
GENERALLY BE CONSIDERED TO BE DESIRABLE, UNDESIRABLE OR OF NEUTRAL
VALUE.
IN ORDER TO DEVELOP A BETTER SPIRIT OF COOPERATION WITH INDUSTRY A
SERIES OF MEETINGS WAS HELD BETWEEN INDUSTRY REPRESENTATIVES, MPCA STAFF
AND ENVIRONMENTAL REPRESENTATIVES. THESE MEETINGS PROVED TO BE OF GREAT
BENEFIT TO ALL INVOLVED. THE STAFF HAS NOW DEVELOPED AT LEAST A
RUDIMENTARY LEVEL OF TECHNICAL EXPERTISE IN PACKAGE DESIGN AND INDUSTRY
IS MORE AWARE THAT THEY SHOULD CONSIDER THE ENVIRONMENTAL IMPACT OF ANY
CHANGES THEY MIGHT WISH TO MAKE IN DESIGNING A PACKAGE.
THE MPCA WILL BE HOLDING ITS THIRD SET OF PUBLIC HEARINGS ON THE
REVISED GUIDELINES FOR PACKAGING REVIEW (SEE APPENDIX C) ON JULY 17,
1974 WHICH WE BELIEVE ARE VERY CLOSE TO FINAL PROMULGATION.
THERE STILL REMAIN TWO MAJOR AREAS OF INTERPRETIVE DISPUTE BETWEEN
MPCA STAFF AND INDUSTRY SPOKESMEN HOWEVER. THESE ARE: 1. THE
GRANDFATHER CLAUSE AND 2. SUBJECTIVE VS. OBJECTIVE CRITERIA. ALL
PACKAGES OR CONTAINERS THAT WERE BEING SOLD AT RETAIL IN MINNESOTA PRIOR
TO MAY 25, 1973 HAVE BEEN "GRANDFATHERED." CONSEQUENTLY, IT IS THE
POSITION OF MOST INDUSTRIES THAT ANY GRANDFATHERED MATERIAL MAY BE USED
FOR ANY PRODUCT. THE MPCA, ON THE OTHER HAND, MAINTAINS THE POSITION
THAT WHILE A THREE MATERIAL PACKAGE MAY BE ENVIRONMENTALLY SOUND FOR A
TENNIS BALL CONTAINER, IT SHOULD NOT BE USED AS A SNACK CONTAINER
WITHOUT AN AGENCY REVIEW. WITHOUT BEING ABLE TO TIE PRODUCT (USING THE
5-DIGIT PRODUCT CODE FOUND) WITH THE PREVIOUSLY REFERRED TO NUMERICAL
LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS) TO PACKAGE, THE LAW
BECOMES NEARLY MEANINGLESS SINCE ALMOST ALL KNOW PACKAGE MATERIALS HAVE
BEEN GRANDFATHERED.
THE CONTROVERSY SURROUNDING THE SUBJECTIVE/OBJECTIVE CRITERIA IS NO
DOUBT A FAMILIAR ONE. INDUSTRY WANTED A POINT SYSTEM WITH WHICH THEY
COULD REVIEW THEIR OWN PACKAGES AND DECIDE WHETHER THEY WOULD BE FOUND
ACCEPTABLE OR UNACCEPTABLE BY THE AGENCY. THE AGENCY STAFF ALSO WISHED
TO MAKE THE CRITERIA FOR REVIEW AS OBJECTIVE AS POSSIBLE. OUR PROBLEM
CENTERED AROUND DEVELOPING CONSENSUS AMONG TECHNICAL EXPERTS, INDUSTRY
REPRESENTATIVES AND ENVIRONMENTALISTS AS TO THE RELATIVE WEIGHTS TO
ASSIGN TO DIFFERENT TYPES OF PACKAGES AND PACKAGING MATERIALS --
WEIGHTED VALUES WHICH WOULD BE ACCEPTED IN A COURT OF LAW. SINCE THIS
PROVED TO BE IMPOSSIBLE, THE STAFF ADOPTED A REVIEW VERY SIMILAR TO THAT
REQUIRED UNDER ENVIRONMENTAL IMPACT STATEMENTS IN WHICH THE POSITIVE AND
NEGATIVE IMPACTS OF ALTERNATIVE COURSES OF ACTION ARE EXPLORED AND A
RULING IS MADE AS TO WHICH ACTION WOULD BE THE MOST DESIRABLE
ALTERNATIVE.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 023 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106684
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COMMENT GOVERNMENT
REPORT STUDY
COMMENTS ON PROPOSED PACKAGING AND PRODUCT STANDARD LEGISLATION
THE SOURCE REDUCTION STAFF OF THE MINNESOTA POLLUTION CONTROL AGENCY
BELIEVES THAT ONE OF THE MOST EFFECTIVE METHODS OF ACHIEVING SOURCE
REDUCTION IS TO PROVIDE REGULATORY AUTHORITY TO ESTABLISH PRODUCT
STANDARDS. WE FURTHER BELIEVE THAT MINNESOTA'S EXPERIENCE MAY SERVE AS
A USEFUL MODEL FOR THE ESTABLISHMENT OF PACKAGING AND PRODUCT STANDARDS
ON A FEDERAL LEVEL. ADDITIONALLY, NATIONAL INDUSTRIES HAVE BECOME
AWARE, AGAIN THROUGH THE MINNESOTA LAW, THAT A CONSIDERABLE AMOUNT OF
INTEREST EXISTS IN LEGISLATION OF THIS TYPE, AND MOST INDUSTRIES HAVE
TAKEN OR ARE BEGINNING TO TAKE STEPS TO COMPLY WITH THE INTENT OF THE
MINNESOTA LAW. AT A MINIMUM, AFFECTED NATIONAL INDUSTRIES ARE AWARE OF
THE EXISTENCE OF MINNESOTA'S PACKAGING STANDARDS AND THOSE WHO WISH TO
CONTINUE DOINC BUSINESS AT RETAIL IN OUR STATE WILL HAVE TO DEVELOP THE
MECHANISMS NEEDED TO COMPLY WITH A SIMILAR FEDERAL LAW.
WE BELIEVE THAT THE ESTABLISHMENT OF PACKAGING GUIDELINES DESCRIBED
IN SEC. 222 OF S. 3277 DOES NOT PROCEED FAR ENOUGH. MOST MAJOR
INDUSTRIES ARE AWARE OF THE ENVIRONMENTAL CONCERNS IN PACKAGING AND
WOULD NOT NECESSARILY VOLUNTARILY COMPLY WITH GUIDELINES WHICH HAVE NO
REGULATORY AUTHORITY. WE STRONGLY URGE FEDERAL GUIDANCE IN THIS AREA.
WE BELIEVE THAT INSTEAD OF HAVING THE EPA ADMINISTRATOR PREPARE MODEL
PACKAGING GUIDELINES FOR DISTRIBUTION TO THE STATES, AS DESCRIBED IN S.
3277, THE FEDERAL GOVERNMENT SHOULD TAKE THE LEAD AND PROMULGATE
NATIONAL PACKAGING STANDARDS. STATE LEGISLATURES WOULD NOT PASS THE
MODEL LAWS IN THE SAME FORM THE EPA DISTRIBUTED THEM, AND NATIONAL
INDUSTRIES WOULD LIKELY BE FACED WITH HAVING TO DEAL WITH A CONFUSING
MAZE OF SEVERAL DIFFERENT PACKAGING STANDARDS IN A NUMBER OF STATES.
FOR THIS REASON WE FAVOR THE GENERAL APPROACH TAKEN IN SEC. 111 OF
S. 3549. THIS SECTION AS WELL AS THE ONE THAT FOLLOWS IT, WOULD REQUIRE
THE EPA TO SET NATIONAL PACKAGING AND PRODUCT STANDARDS WHICH ARE
URGENTLY NEEDED IF THIS COUNTRY IS TO MAKE ANY PROGRESS IN THE AREA OF
SOURCE REDUCTION. HOWEVER, WE BELIEVE THAT THE CURRENT BASIS FOR
PACKAGING CRITERIA IN SEC. 111 OF S. 3549 PUTS INADEQUATE EMPHASIS ON
ENVIRONMENTAL PROBLEMS CAUSED BY PACKAGING, OTHER THAN THOSE CAUSED BY
SOLID WASTE DISPOSAL. WE WOULD SUGGEST THAT THE BASIS FOR PACKAGING
CRITERIA SHOULD BE SIMILAR TO MINNESOTA SR-2 (B) (SEE APPENDIX C) WHICH
IS TO MINIMIZE THE POTENTIAL FOR ENVIRONMENTAL CONTAMINATION, MINIMIZE
TOTAL SYSTEM ENERGY COSTS, MINIMIZE THE USE OF VIRGIN MATERIALS,
MINIMIZE THE USE OF SCARCE OR NON-RENEWABLE RESOURCES, MINIMIZE ADVERSE
ECONOMIC EFFECTS ON THE CONSUMER, THE LABOR FORCE AND INDUSTRY, AND
MAXIMIZE RECYCLABILITY.
WITH REGARD TO SEC. 112 OF S. 3549 WE ARE PLEASED TO SEE THE
INCLUSION OF THIS TYPE OF AUTHORITY FOR CONTROL OVER SOLID WASTE
GENERATION, HOWEVER WE QUESTION THE DEFINITION FOR "MAJOR ITEM OF SOLID
WASTE". BY DEFINING MAJOR ITEMS OF SOLID WASTE BY SIZE, WEIGHT OR
VOLUME, CERTAIN PRODUCTS WOULD BE OVERLOOKED, E.G., RADIOS AND CIGARETTE
LIGHTERS AND A WHOLE SERIES OF ITEMS WHOSE PRODUCT LIFETIME HAS BEEN
INCREASINGLY REDUCED BY MANUFACTURERS. WE BELIEVE THESE TYPES OF SMALL
PRODUCTS SHOULD NOT BE EXCLUDED FROM ANY REGULATIONS, HOWEVER AS THE
DEFINITION IS WRITTEN, THESE WOULD NOT BE WITHIN THE PURVIEW EITHER OF
SEC. 112 OR SEC. 111. WE THEREFORE WOULD RECOMMEND THAT THE DEFINITION
NOT INCLUDE THE (A), (B) OR (C) RESTRICTIONS IT CURRENTLY CONTAINS.
ADDITONALLY, WE BELIEVE SEC. 112(A) SHOULD BE MODIFIED TO INCLUDE
BOTH THE SOLID WASTE AND ENVIRONMENTAL IMPACT OF THE ITEM AS IN THE
SUGGESTED CHANGES FOR SEC. 111. WE WOULD THEREFORE SUGGEST THAT THE
BASIS FOR CLASSIFICATION SYSTEM OF MAJOR ITEMS OF SOLID WASTE SHOULD
ALSO BE SIMILAR TO MINNESOTA SR-2 (B) (SEE APPENDIX C).
FINALLY, THE EFFECTIVE DATE OF SEC. 112 SHOULD COINCIDE WITH THE DATE
OF FORMAL ADOPTION OF THE FINAL REGULATIONS. AS PRESENTED, THE BILL
REQUIRES THE EPA TO PUBLISH REGULATIONS AFTER PUBLIC HEARINGS. BASED ON
MINNESOTA'S EXPERIENCE WITH GUIDELINE PROMULGATION, THIS PROCESS WILL NO
DOUBT CONSUME FROM ONE-TWO YEARS AFTER PASSAGE OF THE LEGISLATION.
ACCORDING TO THE PROPOSED BILL, THE REGULATIONS WILL NOT TAKE EFFECT
UNTIL 24 MONTHS AFTER PUBLICATION. THIS COULD MEAN WE WOULD BE WITHOUT
NATIONAL REGULATIONS SETTING PRODUCT STANDARDS FOR THREE-FOUR YEARS
AFTER PASSAGE OF THE LEGISLATION.
WE BELIEVE SEC. 111 AND 112 OF S. 3549 ARE PARTICULARLY DESERVING OF
SUPPORT B Y CONGRESS AND THE PUBLIC AT LARGE.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 024 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106685
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COMMENT GOVERNMENT
REPORT STUDY
THE MINNESOTA GRANT-IN-AID EXPERIENCE
THE LEGISLATION THAT AUTHORIZED THE PACKAGING PROGRAM (CHAPTER 116F
-- SEE APPENDIX A) ALSO INCLUDED A SECTION WHICH APPROPRIATED $1.35
MILLION TO THE MPCA FOR A GRANTS-IN-AID PROGRAM TO INCREASE RESOURCE
CONSERVATION AND RESOURCE RECOVERY. GRANTS NOT TO EXCEED 50% OF THE
TOTAL COST MAY BE MADE FOR:
"(1) THE DEVELOPMENT OF FEASIBILITY STUDIES FOR RESOURCE RECOVERY
SYSTEMS OR FACILITIES;
"(2) THE CONSTRUCTION OF A RESOURCE RECOVERY FACILITY OR
IMPLEMENTATION OF A RESOURCE RECOVERY SYSTEM AND;
"(3) THE DEVELOPMENT OF PROGRAMS TO ENCOURAGE SOLID MATERIALS
CONSERVATION AND THE REDUCTION OF ENVIRONMENTAL IMPACT FROM SOLID WASTE;
INCLUDING BUT NOT LIMITED TO PUBLIC EDUCATION AND ENCOURAGEMENT OF
MARKET DEMAND FOR REUSABLE OR RECYCLABLE MATERIALS."
THIS IS A VERY INNOVATIVE PIECE OF LEGISLATION IN THAT IT ALLOWS
MINNESOTA TO SEED REGIONAL SOLID WASTE MANAGEMENT BY WAY OF STATE
FINANCIAL ASSISTANCE ON A 50-50 MATCHING BASIS FOR FEASIBILITY STUDIES,
DEMONSTRATION PROJECTS AND PUBLIC INFORMATION PROGRAMS IN THE AREAS OF
RESOURCE CONSERVATION AND RESOURCE RECOVERY. BECAUSE THE STATE REQUIRES
50% MATCHING FUNDS, LOCAL UNITS OF GOVERNMENT MUST COOPERATE IN RAISING
THEIR 50%. THUS, WE HAVE SEEN THE BEGINNINGS IN MINNESOTA OF REGIONAL
COOPERATION IN RESOURCE RECOVERY AND THE BREAKDOWN OF COMPLETE LOCAL
AUTONOMY. THIS WE BELIEVE IS A GOOD THING IN THAT WE BELIEVE THESE
PROJECTS ARE MATTERS FOR REGIONAL CONCERN.
THIS LEGISLATION WAS NOT WITHOUT SOME PROBLEMS HOWEVER. THE BILL
SHOULD HAVE BEEN A FIVE YEAR PROGRAM, WITH THE FIRST TWO YEARS BEING
DEVOTED TO PLANNING AND DEVELOPMENT AND THE NEXT THREE INTENDED FOR
IMPLEMENTATION. IN THE NEXT SECTION OF OUR STATEMENT, "GENERAL COMMENTS
ON PROPOSED FEDERAL LEGISLATION" WE SUGGEST A NUMBER OF QUESTIONS WHICH
MUST BE ANSWERED BEFORE ANY PUBLIC MONEY SHOULD BE EXPENDED FOR RESOURCE
OR ENERGY RECOVERY EQUIPMENT.
ADDITIONALLY, THE BILL PROVIDED A RELATIVELY LARGE SUM OF GRANT
MONEY, BUT DID NOT INCREASE THE MPCA STAFF POSITIONS PROPORTIONATELY.
CONSEQUENTLY, THE AGENCY HAS BEEN ABLE TO ALLOCATE ONLY ONE FULL-TIME
POSITION TO THE GRANTS PROGRAM. THIS PERSON HAS BEEN INVOLVED PRIMARILY
IN SETTING UP ADMINISTRATIVE PROCEDURES AND SEEKING GRANT APPLICATIONS.
BECAUSE MANY OF THE APPLICANTS HAVE NOT HAD MUCH EXPERIENCE IN GRANT
APPLICATION WRITING, THE AGENCY HAS HAD TO PROVIDE ADDITIONAL STAFF TIME
TO APPLICANTS TO HELP THEM DEVELOP REALISTIC PROPOSALS. WE NOW ARE IN
THE POSITION OF REVIEWING AND APPROVING PROPOSALS BUT HAVE NO STAFF
AVAILABLE FOR PROJECT DIRECTION TO FOLLOW UP THE PROPOSALS SUBSEQUENT TO
FUNDING. THEREFORE, WE WOULD CAUTION AGAINST CREATING A LARGE
GRANTS-IN-AID PROGRAM WITHOUT ADEQUATE PROJECT DIRECTION STAFF IN EPA.
IT HAS BEEN OUR EXPERIENCE THAT THE SMALLER THE GRANTS-IN-AID STAFF, THE
GREATER THE POSSIBILITY FOR HASTY AND ILL-CONCEIVED DECISIONS AND POOR
FOLLOWUP.
WE OFFER THESE COMMENTS AND THOSE THAT FOLLOW IN THE NEXT SECTION SO
THAT IMPLEMENTATION OF FEDERAL GRANTS-IN-AID LEGISLATION DOES NOT
ENCOUNTER THE SAME DIFFICULTIES THE MINNESOTA GRANTS-IN-AID LEGISLATION
DID.
GENERAL COMMENTS ON PROPOSED FEDERAL LEGISLATION
THE MINNESOTA POLLUTION CONTROL AGENCY WOULD LIKE TO STRONGLY URGE
THAT FUNDING FOR RESOURCE CONSERVATION OR RESOURCE RECOVERY UNDER THESE
BILLS BE GIVEN ONLY TO THOSE PLANS, PROJECTS, OR PROGRAMS WHICH TRULY
MAXIMIZE ENERGY AND MATERIAL CONSERVATION, WHILE ATTEMPTING TO MINIMIZE
ENVIRONMENTAL AND ECONOMIC COSTS.
SECOND, WE BELIEVE THAT SUCH MONIES SHOULD BE MADE AVAILABLE TO EPA
AND THE STATES FOR THE DEVELOPMENT OF PROGRAMS TO REDUCE SOLID WASTE
GENERATION AND THE ENVIRONMENTAL IMPACT FROM SOLID WASTE, INCLUDING BUT
NOT LIMITED TO PUBLIC EDUCATION, AND THAT THESE PROGRAMS SHOULD BE GIVEN
A HIGHER PRIORITY THAN RESOURCE RECOVERY.
THIRD, WE BELIEVE THE EMPHASIS OF THE LEGISLATION SHOULD BE TO REDUCE
THE SOLID WASTE AND ENVIRONMENTAL IMPACT OF PRODUCTS AND PACKAGING. ALL
SOURCE REDUCTION REGULATIONS SHOULD BE BASED ON WHETHER THE PRODUCT OR
PACKAGE CONSTITUTES A POTENTIAL SOLID WASTE OR ENVIRONMENTAL PROBLEM.
WE ALSO BELIEVE THAT BEFORE A NATIONWIDE COMMITMENT IS MADE TO ENERGY
AND MATERIALS RECOVERY FROM SOLID WASTE, A NUMBER OF QUESTIONS NEED TO
BE ANSWERED, INCLUDING:
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 025 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106686
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COMMENT GOVERNMENT
REPORT STUDY
/1/ ROBERT G. HUNT, LETTER TO MINNESOTA POLLUTION CONTROL AGENCY,
JUNE 14, 1972; RICHARD C. BAILE, "WASTED SOLIDS AS AN ENERGY RESOURCE,"
PAPER PRESENTED BEFORE THE 138TH MEETING OF THE AAAS, DEC. 29, 1971,
TABLE 1.
WHICH ITEMS IN THE SOLID WASTE STREAM ARE TRULY WORTH RECOVERING FROM
AN ENERGY AND MATERIALS STANDPOINT, E.G., OLD SHOES, NON-RETURNABLE
BEVERAGE CONTAINERS, GLASS, BI-METAL CANS, OR ALL-STEEL CANS?
DOES IT MAKE SENSE FROM A LONG-TERM ENVIRONMENTAL AND RESOURCE
STANDPOINT TO ESTABLISH LARGE SYSTEMS TO RECOVER ENERGY FROM SOLID
WASTE?
HOW DOES THE MARKET SYSTEM OPERATE FOR THOSE ITEMS WHOSE RECOVERY
DOES RESULT IN MAJOR RESOURCE SAVINGS AT LOW COST?
WHAT FEDERAL MECHANISMS COULD BE APPLIED TO THE MARKET SYSTEM FOR
THESE ITEMS TO FURTHER STIMULATE THEIR DEMAND?
IF NOTHING IS DONE TO STIMULATE DEMAND FOR THOSE MATERIALS WHOSE
RECOVERY SHOULD BE ENCOURAGED, WHAT WILL BE THE LONG-TERM IMPACT ON THE
EXISTING SECONDARY MATERIALS INDUSTRIES AND PUBLICLY FINANCED RESOURCE
RECOVERY FACILITIES OF MAJOR INCREASES IN SUPPLY.
WITH REGARD TO THE SECOND QUESTION ABOVE, THE MPCA IS GREATLY
CONCERNED ABOUT THE EMPHASIS ON ENERGY RECOVERY FROM SOLID WASTE IN THE
BILLS UNDER CONSIDERATION. OUR PRELIMINARY ANALYSIS OF ENERGY DATA FOR
THE COMBUSTIBLE COMPONENT OF SOLID WASTE -- MOST NOTABLY PAPER --
INDICATES THAT A GREATER ENERGY SAVING IS POSSIBLE THROUGH RECYCLING
PAPER THAN BY BURNING IT.
FOR EXAMPLE, ACCORDING TO AVAILABLE DATA; 18 MILLION BTU'S CAN BE
SAVED FOR EACH TON OF RECYCLED KRAFT PAPER MANUFACTURED AS COMPARED TO 1
TON OF VIRGIN KRAFT PAPER.
SINCE 15.9 MILLION BTU'S CAN BE RECOVERED FROM BURING 1 TON OF PAPER,
THE RESULTANT ENERGY SAVINGS FROM RECYCLING 1 TON OF KRAFT PAPER,
INSTEAD OF BURNING IT APPEARS TO BE APPROXIMATELY 2.1 MILLION BTU'S PER
TON OR ENOUGH BTU'S TO HEAT FOUR MINNESOTA HOMES FOR 1 DAY, AND THAT'S
WITH ONLY 1 TON OF PAPER. /1/
BURNING OR PYROLYSING PAPER OR PLASTIC WASTES APPEARS TO MAKE EVEN
LESS SENSE IF THE RESULTING BTU'S ARE CONVERTED TO ELECTRICAL POWER,
SINCE 70% OF THE BTU'S WILL BE LOST AS WASTE HEAT.
WE, THEREFORE, BELIEVE IT IS CRUCIAL TO DETERMINE WHETHER IT IS
BETTER TO RECYCLE OR BURN OR PYROLYSE SOLID WASTE, AND HOW MUCH OF THE
COMBUSTIBLE COMPONENT MIGHT ULTIMATELY BE ECONOMICALLY RECYCLED, REUSED,
OR REMOVED FROM THE SOLID WASTE STREAM. WE ARE ALSO CONCERNED ABOUT THE
AIR QUALITY IMPLICATIONS OF NATIONWIDE ENERGY RECOVERY FROM SOLID WASTE.
FURTHER, WE QUESTION WHETHER IN A PERIOD OF GROWING RESOURCE SCARCITY
THERE WILL CONTINUE TO BE A LARGE COMBUSTIBLE SOLID WASTE COMPONENT, OR
WILL BE LEFT WITH LARGE CAPITAL INVESTMENTS IN FUEL RECOVERY SYSTEMS
WITH NO FUEL. WE ALSO SEE SUCH SYSTEMS AS BEING DEPENDENT ON CONTINUED
SINGLE-USE PLASTIC PACKAGING AND PAPER, AND THEREFORE, THE EXISTENCE OF
THESE SYSTEMS AND THEIR CAPITAL INTENSIVE MACHINERY COULD IN EFFECT BE
USED TO ARGUE AGAINST REDUCING THE AMOUNT OF PAPER AND PLASTIC ENTERING
THE SOLID WASTE STREAM, THUS INHIBITING MUCH NEEDED REGULATION IN THE
SOURCE REDUCTION AREA.
THE MPCA GENERALLY SUPPORTS FEDERAL GRANTS TO STATES AT THIS TIME FOR
THE PURPOSES OF STUDYING LOCAL SOLID WASTE PROBLEM AREAS AND FOR OVERALL
STATE AND REGIONAL PLANNING IN THE SOLID WASTE MANAGEMENT AND RESOURCE
CONSERVATION AREA. WE BELIEVE THAT THE STATES SHOULD BE AFFORDED
OVERALL GUIDANCE BY EPA IN THE AREAS OF LONG-RANGE SOLID WASTE
MANAGEMENT AND RESOURCE CONSERVATION. THE EPA SHOULD ALSO PROVIDE
FINANCIAL AS WELL AS TECHNICAL ASSISTANCE TO STATES IN THE DEVELOPMENT
OF COMPREHENSIVE STATE SOLID WASTE MANAGEMENT AND RESOURCE CONSERVATION
PLANS.
COMMENTS ON S. 1086, S. 3227, S. 3560 AND S. 3549
S. 1086 -- HAZARDOUS WASTE MANAGEMENT ACT OF 1973
THE MINNESOTA POLLUTION CONTROL AGENCY IS INITIATING A REGULATORY
PROGRAM FOR HAZARDOUS WASTE MANAGEMENT. PRESENTLY, APPROXIMATELY 80,000
TONS OF HAZARDOUS WASTE ARE BEING GENERATED IN THE MINNEAPOLIS-SAINT
PAUL AREA ANNUALLY, HOWEVER, ONLY 13,000 TONS OF THIS WASTE ARE BEING
DISPOSED OF AT FACILITIES SET UP TO HANDLE HAZARDOUS WASTES.
FEDERAL LEGISLATION SHOULD AUTHORIZE THE ENVIRONMENTAL PROTECTION
AGENCY TO ESTABLISH MINIMUM STANDARDS FOR THE GENERATION OF HAZARDOUS
WASTES AS WELL AS THEIR IDENTIFICATION, LABELING, STORAGE, COLLECTION,
TRANSPORTATION, PROCESSING AND DISPOSAL.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 026 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106687
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COMMENT GOVERNMENT
REPORT STUDY
UNIFORM FEDERAL STANDARDS SHOULD ELIMINATE ONE STATE BECOMING THE
DUMPING GROUND FOR ANOTHER. LEGISLATION SHOULD ENCOURAGE A
FEDERAL-STATE-LOCAL REGULATORY SYSTEM IN PARTNERSHIP WITH DISTINCT
ROLES. FUNDING WILL BE NECESSARY FOR BOTH EPA AND THE STATES TO
INITIATE PROGRAMS, TRAIN PERSONNEL AND CARRY OUT RESEARCH ACTIVITIES.
IT IS IMPORTANT THAT LEGISLATION BE ENACTED AT THE FEDERAL LEVEL AS
THE VOLUME OF HAZARDOUS WASTE WILL CONTINUE TO INCREASE WITH THE
IMPLEMENTATION OF THE CLEAN AIR AND CLEAN WATER ACTS. WE WOULD
RECOMMEND THAT THE CONGRESS PASS LEGISLATION AUTHORIZING THE PROHIBITION
OF THE MANUFACTURE OF PRODUCTS THAT CREATE HAZARDOUS WASTE BY-PRODUCTS
WHICH HAVE LONG-TERM DEGRADING EFFECTS ON THE ENVIRONMENT. CHEMICAL
WASTES AND SLUDGE GENERATED FROM NEW TREATMENT FACILITIES MUST BE
DISPOSED OF. PROGRAMS MUST BE IMPLEMENTED TO MANAGE THESE WASTES.
WE FEEL THAT THE PRESENT BILL (S. 1086) SHOULD HAVE AN EXPANDED ROLE
FOR STATES AND THAT FUNDING SHOULD BE PROVIDED TO STATES. REGULATORY
AUTHORITY SHOULD BE EXPANDED TO INCLUDE RADIOACTIVE WASTES AND
DEPARTMENT OF DEFENSE BIOLOGICAL WARFARE WASTES.
S. 3277 -- ENERGY & RESOURCES RECOVERY ACT OF 1974
THE MINNESOTA POLLUTION CONTROL AGENCY GENERALLY AGREES WITH THE
OVERALL PHILOSOPHICAL APPROACH OF GRANTING FINANCIAL SUPPORT FOR
PLANNING INSTEAD OF FACILITY CONSTRUCTION, HOWEVER WE NOTE THAT THIS
SUPPORT DOES NOT APPEAR TO BE AVAILABLE FOR SOURCE REDUCTION, PUBLIC
EDUCATION ON RESOURCE CONSERVATION OR MARKET STUDIES. WE URGE THE PANEL
TO INCLUDE FINANCIAL ASSISTANCE TO STATES FOR THESE TYPES OF ENDEAVORS.
FOR REASONS STATED PREVIOUSLY, WE CONSIDER THAT LARGE EXPENDITURES OF
CAPITAL FOR ENERGY RECOVERY ARE PREMATURE AT THIS TIME, CONSEQUENTLY WE
WOULD NOT LIKE TO SEE AN OFFICE OF ENERGY AND RESOURCES RECOVERY
ESTABLISHED AT THIS TIME FOR THE PURPOSES STATED IN SEC. 217. WE MIGHT
ALTERNATIVELY SUGGEST THE ESTABLISHMENT OF AN OFFICE OF RESOURCE
CONSERVATION WHOSE ASSIGNMENTS MIGHT INCLUDE THE DEVELOPMENT OF A
FEDERAL RESOURCE CONSERVATION POLICY. THIS OFFICE MIGHT INVESTIGATE
CHANGING DEPLETION ALLOWANCES AS WELL AS FREIGHT RATES, AMONG OTHER
THINGS.
BY SEC. 221 THE EPA IS REQUIRED TO PUBLISH GUIDELINES "SPECIFYING THE
PERCENTAGES OF ENERGY AND RESOURCES THAT CAN BE RECOVERED FROM SOLID
WASTE . . ." WE HAVE ALREADY MADE CLEAR OUR THOUGHTS WITH REGARD TO
ENERGY RECOVERY SO WE SHALL NOT DWELL ON THAT EXCEPT TO REITERATE OUR
FEELING THAT WE NEED MORE DATA BEFORE CONCLUDING THAT BURNING SOLID
WASTE IS THE BEST USE OF IT. WE BELIEVE THAT THIS SECTION WOULD REQUIRE
MUCH STAFF TIME OF EPA THAT COULD BE UTILIZED IN MORE PRODUCTIVE WAYS.
WE FAIL TO UNDERSTAND WHAT MIGHT BE GAINED FROM THE PUBLICATION OF THESE
GUIDELINES AND WOULD AGAIN SUGGEST THAT STAFF TIME BE EXPENDED IN
RESOURCE CONSERVATION MEASURES WHICH WOULD THEN RENDER THE STUDY
PROPOSED UNDER SEC. 221 UNNECESSARY.
IN SEC. 225, "STUDY OF LAND ACQUISITION" WE DO NOT BELIEVE AN
INVESTIGATION AND STUDY OF THE "LEGAL AND INSTITUTIONAL PROBLEMS
ASSOCIATED WITH THE ACQUISITION OF LAND FOR HAZARDOUS AND OTHER SOLID
WASTE DISPOSAL, AND FOR THE CONSTRUCTION AND IMPLEMENTATION OF ENERGY
AND RESOURCE RECOVERY FACILITIES. . ." IS NECESSARY. WE URGE THE PANEL
TO INCLUDE STUDIES OF THE ENVIRONMENTAL IMPACTS ASSOCIATED WITH LAND
ACQUISITION FOR THE AFOREMENTIONED USES. THE QUESTION OF ENVIRONMENTAL
IMPACTS IS ONE THAT MUST NOT BE OVERLOOKED.
SEC. 226 REQUIRES THE EPA TO "MAKE GRANTS TO EACH STATE TO ASSIST IN
ESTABLISHING AND CARRYING ON THE WORK OF A COMPETENT AND QUALIFIED
ENERGY AND RESOURCES RECOVERY RESEARCH INSTITUTE, CENTER, OR EQUIVALENT
AGENCY . . . AT ONE COLLEGE OR UNIVERSITY IN EACH SUCH STATE WHICH
WISHES TO SUPPORT SUCH AN INSTITUTE." THERE DO NOT APPEAR TO BE ANY
REQUIREMENTS OF THE COLLEGE OR UNIVERSITY. FOR EXAMPLE, NO REPORT
EITHER TO EPA OR TO CONGRESS IS REQUIRED. WE HAVE SERIOUS RESERVATIONS
ABOUT DISBURSING $100,000 ANNUALLY TO EACH INSTITUTE WITH NO CONTROL
OVER THE MONEY. ALSO THERE ARE NO SPECIFIC TASKS SET OUT FOR THE
INSTITUTES TO PERFORM. IT IS UNCLEAR TO US JUST WHAT THEY'LL BE DOING
WITH THE MONEY. THIS SECTION THEREFORE SHOULD EITHER BE SUBSTANTIALLY
STRENGTHENED OR REMOVED.
THE $300,000,000 APPROPRIATION DESCRIBED IN SEC. 216 FOR SMALL
BUSINESS LOANS RAISES SEVERAL QUESTIONS. WHAT IS THE MONEY TO BE USED
FOR? HOW MUCH CONSERVATION OF RESOURCES PER DOLLAR IN THIS
$300,000,000? IF THIS MONEY IS TO BE USED FOR RESOURCE RECOVERY
EQUIPMENT, ARE THERE ANY CONTROLS -- FEDERAL OR STATE -- ON WHAT TYPE OF
EQUIPMENT IS TO BE PURCHASED OR ALTERED AND ON WHAT IS TO BE RECOVERED?
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 027 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106688
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TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
S. 3560 -- SOLID WASTE UTILIZATION ACT OF 1974
WE HAVE THE SAME AFORESTATED PROBLEMS AS TO THE BILL'S ENERGY
RECOVERY SECTIONS. ADDITIONALLY, THE MPCA BELIEVES THAT FEDERAL MONEY
SHOULD AT THIS TIME BE EXPENDED ONLY FOR PLANNING IN THE RESOURCE
RECOVERY AREA AND NOT FOR THE PURCHASE OF CAPITAL INTENSIVE EQUIPMENT.
WE THEREFORE ARE HAPPY WITH THE BILL'S OVERALL EMPHASIS ON PLANNING
RATHER THAN EQUIPMENT PURCHASE.
THE STAFF OF THE MPCA ALSO BELIEVES IN A REGIONAL APPROACH TO SOLID
WASTE MANAGEMENT AS SET OUT IN SEC. 215 OF S. 3560. PLANNING AND
DECISION MAKING IN THIS AREA SHOULD BE ENCOURAGED AT THE LOCAL LEVEL.
HOWEVER WE WOULD PREFER AN EMPHASIS ON SOURCE REDUCTION AS WELL AS
RESOURCE RECOVERY IN THIS SECTION. THIS SECTION ALSO ASSUMES THAT THE
STATES SHOULD BE THE OWNERS OF RESOURCE RECOVERY FACILITIES. WHILE THIS
MAY INITIALLY PLACE PRIVATE INDUSTRY IN THIS AREA AT A DISADVANTAGE, WE
BELIEVE THAT THIS WOULD ULTIMATELY RESULT IN MORE CAREFULLY PLANNED AND
EXECUTED OPERATIONS. THERE ALSO WOULD BE NO DISPUTE OR LACK OF
COORDINATION OVER THE USES OF SOLID WASTE IN ONE SPECIFIC AREA. THIS
SECTION PLACES NO LIMITATION ON WHAT THESE FACILITIES MIGHT RECYCLE. WE
BELIEVE THAT FEDERAL GUIDELINES SHOULD BE PROMULGATED, AFTER APPROPRIATE
STUDIES HAVE BEEN COMPLETED, INDICATING WHICH MATERIALS ARE ECONOMICALLY
AS WELL AS ENVIRONMENTALLY FEASIBLE TO RECYCLE.
WE ARE ALSO OF THE OPINION THAT IT IS THE WASEST USE OF TAXPAYER
DOLLARS TO ISSUE GRANTS FOR PLANNING, AND LOANS AND LOAN GUARANTEES FOR
THE ACTUAL PURCHASE OF EQUIPMENT. WE THEREFORE CONCUR WITH THE GENERAL
PHILOSOPHY BEHIND SEC. 216.
CHANGING FEDERAL PROCUREMENT POLICIES AS IS DONE BY SEC. 217 IS
DESIRABLE. WE WOULD ALSO PREFER CHANGES IN FREIGHT RATES TO REMOVE THE
CURRENT INEQUITY BETWEEN VIRGIN AND RECOVERED RESOURCES, HOWEVER. BOTH
OF THESE PRACTICES SHOULD SOMEWHAT ALLEVIATE THE PROBLEMS WE SEE ON THE
DEMAND SIDE OF RESOURCE RECOVERY.
SEC. 218(A) WHICH REQUIRES MANUFACTURERS TO GUARANTEE PURCHASE OF ALL
RECOVERED RESOURCES FROM CONTAINERS RECOVERED FROM RESOURCE RECOVERY
SYSTEMS CONSTRUCTED UNDER SECTION 208 OR 216 MERITS SUPPORT AS WELL AS
PRAISE. THIS ALSO WOULD GREATLY ENCOURAGE DEMAND. UNFORTUNATELY THE
LATTER PORTION OF 218(A) ALLOWS FOR A SUBSTANTIAL LOOPHOLE IN THE LAW
FOR CERTAIN MANUFACTURERS. BY STATING THAT EPA SHALL CONSIDER ". . .
ANY OTHER FACTOR AFFECTING SUCH MANUFACTURER'S ABILITY TO UTILIZE SUCH
RECOVERED RESOURCES. . .", A COMPANY DOING BUSINESS OUTSIDE ITS HOME
STATE MAY BE ALLOWED TO DUMP MILLIONS OF CONTAINERS IN ANOTHER STATE
WITHOUT BUYING THEM BACK SIMPLY ON THE BASIS OF TRANSPORTATION COSTS
BACK TO ITS HOME STATE. THIS SECTION SHOULD BE STRENGTHENED TO AVOID
THIS TYPE OF LOOPHOLE.
SEC. 218(B) WHICH STATES THAT NO STATE OR POLITICAL SUBDIVISION MAY
RECEIVE ASSISTANCE UNDER THIS ACT WHICH ADOPTS ANY TYPE OF CONTAINER
LEGISLATION IS UNWORTHY OF COMMENT FROM A SOURCE REDUCTION STATE SUCH AS
MINNESOTA.
S. 3549 -- ENERGY RECOVERY AND RESOURCE CONSERVATION ACT OF 1974
WE HAVE ALREADY COMMENTED ON THE PACKAGING AND PRODUCT STANDARD
PORTIONS OF S. 3549 AND SHALL NOW COMMENT ON THE REMAINING SECTIONS. WE
REITERATE OUR FEELINGS THAT ENERGY RECOVERY IS PREMATURE AT THIS TIME,
BUT COMMEND THE BILL'S EMPHASIS ON RESOURCE CONSERVATION.
AS PREVIOUSLY STATED, WE URGE SUPPORT OF ANY LEGISLATION ADDRESSING
RESOURCE CONSERVATION IN A MEANINGFUL MANNER. THIS BILL IN SEC. 104
REQUIRES THE EPA TO RENDER FINANCIAL, TECHNICAL AND OTHER ASSISTANCE TO
PUBLIC AUTHORITIES FOR, AMONG OTHER THINGS, "(7) THE DEVELOPMENT AND
IMPLEMENTATION OF STANDARDS AND REGULATIONS TO CONTROL AND REDUCE THE
VOLUME OF SOLID WASTE REACHING THE DISPOSAL SYSTEM." WE WHOLEHEARTEDLY
SUPPORT THIS POSITIVE STEP TOWARD SOURCE REDUCTION.
SEC. 107 IS AN EXCELLENT SECTION, WITH THE EXCEPTION OF
DEMONSTRATIONS OF ENERGY RESOURCE RECOVERY SYSTEM AND ASSUMING THE
APPROPRIATE MARKET STUDIES HAVE BEEN COMPLETED PRIOR TO ITS
IMPLEMENTATION. IT CONTAINS A PROVISION REQUIRING CONTRACTUAL
ARRANGEMENTS WITH THE PRIVATE SECTOR TO MARKET ANY RESOURCES RECOVERED.
IT DOES NOT FUND OPERATING AND MAINTENANCE COSTS FOR EQUIPMENT WHICH
MEANS THE FACILITY MUST BE SELF SUPPORTING AND THEREFORE AN ECONOMICALLY
VIABLE ENTITY. WE ALSO BELIEVE THE FEDERAL GOVERNMENT SHOULD NOT
FINANCE LAND ACQUISITION AND THIS SECTION IS IN AGREEMENT WITH OUR
PHILOSOPHY ON THAT ISSUE. NO ONE STATE MAY RECEIVE MORE THAN 15 PER
CENTUM OF THE TOTAL FUNDS APPROPRIATED UNDER THIS SECTION WHICH WOULD
PRECLUDE ANY ONE STATE FROM EXPENDING LARGE PORTIONS OF FEDERAL TAXPAYER
DOLLARS FOR A MASSIVE STATE WIDE FACILITY WHICH IS OF QUESTIONABLE VALUE
GIVEN THE LACK OF MARKET DATA AT THIS TIME.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 028 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106689
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COMMENT GOVERNMENT
REPORT STUDY
SEC. 109 PROVIDES GRANTS OR CONTRACTS FOR TRAINING AND EDUCATION OF
PERSONNEL INVOLVED IN SOLID WASTE DISPOSAL AND RESOURCE RECOVERY
EQUIPMENT AND FACILITIES. WE SUGGEST THAT THIS SECTION SHOULD BE
EXPANDED TO INCLUDE TRAINING OF PERSONNEL IN THE SOURCE REDUCTION AREA.
SEC. 110 "FEDERAL AGENCY ACTIVITIES" IS BENEFICIAL IN THAT IT
REQUIRES THE EPA TO PROMULGATE GUIDELINES REQUIRING FEDERAL AGENCIES TO
PURCHASE RECYCLED GOODS, THUS INCREASING THE DEMAND FOR RECYCLED
MATERIALS. ADDITIONALLY, FEDERAL AGENCIES ARE ENCOURAGED TO MINIMIZE
THE ACCUMULATION OF SOLID WASTE. UNDER SUBD. (F) OF THIS SECTION
HOWEVER, WE WOULD OPPOSE ALLOWING THE PRESIDENT TO EXEMPT ". . . ANY
SINGLE ACTIVITY OR FACILITY OF ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY
IN THE EXECUTIVE BRANCH FROM COMPLIANCE WITH ANY REGULATIONS RECOMMENDED
UNDER THIS SECTION . . ." WE DO NOT AGREE WITH THE APPROACH OF WRITING
VARIANCES INTO LAWS.
WITH REGARD TO SEC. 120, THE "ANNUAL REPORT" WE WOULD SUGGEST THAT
EPA ADDITIONALLY BE REQUIRED TO SPECIFY THE NATURE OF GRANTS MADE UNDER
THIS SECTION -- TO WHOM? FOR WHAT? HOW MUCH MONEY? WE WOULD LIKE TO
COMMEND THE SECTION FOR "(3) THE DEVELOPMENT OF MARKETS FOR RECYCLED
MATERIALS."
THIS CONCLUDES OUR REMARKS. WE WISH TO THANK THE PANEL FOR ALLOWING
THE MINNESOTA POLLUTION CONTROL AGENCY THE OPPORTUNITY TO SUBMIT THIS
STATEMENT FOR THE RECORD.
AN ACT RELATING TO THE ENVIRONMENTAL IMPACT, REDUCTION, REUSE AND
RECYCLING OF SOLID WASTE; AUTHORIZING STATE GRANTS TO REGIONS,
MUNICIPALITIES, AND INSTITUTIONS THEREFOR; PRESCRIBING DUTIES AND
POWERS OF THE MINNESOTA POLLUTION CONTROL AGENCY; PROVIDING PENALTIES;
IMPOSING A SOLID WASTE DISPOSAL CHARGE; APPROPRIATING FUNDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
SECTION 1. (116F.01) RECYCLING OF SOLID WASTE; STATEMENT OF POLICY.
THE LEGISLATURE SEEKS TO ENCOURAGE BOTH THE REDUCTION OF THE AMOUNT AND
TYPE OF MATERIAL ENTERING THE SOLID WASTE STREAM AND THE REUSE AND
RECYCLING OF MATERIALS. SOLID WASTE REPRESENTS DISCARDED MATERIAL AND
ENERGY RESOURCES, AND IT ALSO REPRESENTS AN ECONOMIC BURDEN TO THE
PEOPLE OF THE STATE. THE RECYCLING OF SOLID WASTE MATERIALS IS ONE
ALTERNATIVE FOR THE CONSERVATION OF MATERIAL AND ENERGY RESOURCES, BUT
IT IS ALSO IN THE PUBLIC INTEREST TO REDUCE THE AMOUNT OF MATERIALS
REQUIRING RECYCLING OR DISPOSAL.
THE LEGISLATURE ALSO SEEKS TO ENCOURAGE THE DESIGN AND IMPLEMENTATION
OF REGIONAL PROGRAMS FOR MATERIALS CONSERVATION WHICH TAKE INTO ACCOUNT
THE VARIATIONS IN SOLID WASTE GENERATION THROUGHOUT THE STATE.
SEC. 2. (116F.02) DEFINITIONS. SUBDIVISION 1. AS USED IN SECTIONS 1
TO 8, THE TERMS DEFINED IN THIS SECTION HAVE THE MEANINGS GIVEN TO THEM.
SUBD. 2. "AGENCY" MEANS THE MINNESOTA POLLUTION CONTROL AGENCY.
SUBD. 3. "INSTITUTION" MEANS AN INCORPORATED PRIVATE ORGANIZATION.
SUBD. 4. "MUNICIPALITY" MEANS ANY CITY, VILLAGE, BOROUGH, OR ANY
DESIGNATED AGENCY THEREOF.
SUBD. 5. "REGION" MEANS ANY COUNTY, GROUP OF COUNTIES, GROUP OF
MUNICIPALITIES, ANY SPECIAL DISTRICT, OR ANY DESIGNATED AGENCY THEREOF.
SUBD. 6. "RESOURCE RECOVERY SYSTEM" MEANS ANY SYSTEM USED FOR (A)
THE RECOVERY OF MATERIALS OR ENERGY FROM SOLID WASTE, OR FOR (B) THE
COLLECTION, TRANSPORTATION, SEPARATION, SORTING, PROCESSING OR STORAGE
OF SOLID MATERIALS WHICH AIDS IN THE RECOVERY OF MATERIALS OR ENERGY
FROM SOLID WASTE.
SUBD. 7. "SOLID WASTE GENERATION" MEANS THAT A SOLID MATERIAL IN ITS
FINAL CONFIGURATION HAS FULFILLED THE PURPOSE FOR WHICH IT WAS CREATED,
CANNOT BE REUSED IN ITS FINAL CONFIGURATION, AND MUST BE DISPOSED OF OR
RECYCLED INTO A NEW OR DIFFERENT PRODUCT.
SEC. 3. (116F.03) STATE AID TO REGIONS, MUNICIPALITIES, INSTITUTIONS.
THE AGENCY MAY, IN THE NAME OF THE STATE AND WITHIN THE LIMIT OF
APPROPRIATIONS PROVIDED HEREIN, MAKE OR CONTRACT TO MAKE GRANTS-IN-AID
TO ANY REGION, MUNICIPALITY, OR INSTITUTION FOR:
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 029 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106690
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COMMENT GOVERNMENT
REPORT STUDY
(1) THE DEVELOPMENT OF FEASIBILITY STUDIES FOR RESOURCE RECOVERY
SYSTEMS OR FACILITIES;
(2) THE CONSTRUCTION OF A RESOURCE RECOVERY FACILITY OR
IMPLEMENTATION OF A RESOURCE RECOVERY SYSTEM; AND
(3) THE DEVELOPMENT OF PROGRAMS TO ENCOURAGE SOLID MATERIALS
CONSERVATION AND THE REDUCTION OF ENVIRONMENTAL IMPACT FROM SOLID WASTE,
INCLUDING BUT NOT LIMITED TO, PUBLIC EDUCATION AND ENCOURAGEMENT OF
MARKET DEMAND FOR REUSABLE OR RECYCLABLE MATERIALS.
SEC. 4. (116F.04) RULES. SUBDIVISION 1. THE AGENCY SHALL PROMULGATE
RULES FOR THE ADMINISTRATION OF GRANTS AUTHORIZED IN SECTION 3. THE
RULES SHALL ESTABLISH AND CONTAIN AS A MINIMUM:
(1) PROCEDURES FOR GRANT APPLICATIONS BY REGIONS, MUNICIPALITIES, OR
INSTITUTIONS;
(B) CONDISTIONS AND PROCEDURES FOR THE ADMINISTRATION OF SUCH GRANTS;
(C) CRITERIA OF ELIGIBILITY FOR GRANTS INCLUDING, BUT NOT LIMITED TO,
THOSE SPECIFIED IN SUBDIVISION 2; AND
(D) SUCH OTHER MATTERS AS THE AGENCY MAY FIND NECESSARY TO THE PROPER
ADMINISTRATION OF THE GRANT PROGRAM.
SUBD. 2. THE RULES OF THE AGENCY SHALL PROVIDE THAT A HIGH PRIORITY
BE GIVEN TO APPLICATIONS FOR PROJECTS AND PROGRAMS DESIGNED TO SERVICE
MORE THAN ONE COUNTY OR DESIGNED TO SERVICE AREAS OF THE STATE WHERE
NATURAL GEOLOGIC CONDITIONS MAKE SANITARY LANDFILLS UNDESIRABLE. THE
RULES SHALL CONTAIN CRITERIA RELATING TO:
(A) THE TECHNOLOGICAL FEASIBILITY OF A PROJECT;
(B) THE AVAILABILITY OF OTHER SOURCES OF FINANCING; AND
(C) THE ADEQUACY OF PROVISIONS TO ASSURE PROPER, EFFICIENT AND
ECONOMICAL OPERATION AND MAINTENANCE OF A RESOURCE RECOVERY PROJECT
AFTER THE CONSTRUCTION IS COMPLETED OR THE RESOURCE RECOVERY SYSTEM IS
IMPLEMENTED.
SUBD. 3. GRANT-IN-AID PAYMENTS MADE BY THE AGENCY PURSUANT TO
SECTION 3, SHALL NOT EXCEED 50 PERCENT OF THE TOTAL COSTS OF THE
PROJECTS OR PROGRAMS FUNDED.
SUBD. 4. FUNDING UNDER SECTION 3 SHALL NOT BE MADE AVAILABLE TO ANY
RESOURCE RECOVERY FACILITY WHICH ACCEPTS SOLID WASTE MATERIAL WHICH IS
TRANSPORTED TO THE FACILITY PRIMARILY IN MOTOR VEHICLES WITH A LOAD
CAPACITY OF LESS THAN TEN CUBIC YARDS.
SEC. 5. (116F.05) POWERS AND DUTIES. SUBDIVISION 1. STATE POWERS.
IN ADMINISTERING AND ENFORCING SECTIONS 1 TO 8, THE AGENCY MAY:
(A) INITIATE AND CONDUCT PUBLIC EDUCATION PROGRAMS WHICH ENCOURAGE
THE CONSERVATION OF SOLID MATERIALS, THE REDUCTION OF SOLID WASTE
GENERATION, AND THE REDUCTION OF ENVIRONMENTAL IMPACT OF SOLID WASTE;
(B) ENCOURAGE THE DEVELOPMENT OF MARKETS FOR REUSABLE OR RECYCLABLE
SOLID MATERIALS;
(C) CONDUCT STUDIES OF THE ENVIRONMENTAL, RESOURCE AND ECONOMIC
IMPACT, AND OF THE RELATIVE ADVISABILITY OR PREFERENCE OF USE, OF
VARIOUS MATERIAL COMPONENTS WHICH ENTER THE SOLID WASTE STREAM;
(D) DEVELOP RECOMMENDATIONS TO ENCOURAGE REDESIGN AND THE
STANDARDIZATION OF MATERIAL COMPOSITION AND CONFIGURATION, IN ORDER TO
FACILITATE MATERIAL REUSE OR RECYCLABILITY;
(E) ASSIST IN THE PLANNING AND DEVELOPMENT OF RESOURCE RECOVERY
SYSTEMS; AND
(F) ENCOURAGE THE EXTENSION OF THE USEFUL LIVES OF PRODUCTS, AND THE
REDUCTION OF BOTH SOLID WASTE GENERATION AND SOLID WASTE MANAGEMENT
COSTS.
SUBD. 2. POWERS OF GRANTEES. A REGION, MUNICIPALITY, OR INSTITUTION
MAY APPLY TO AND CONTRACT WITH THE AGENCY FOR STATE AID, BUT MAY EXPEND
AID MONEYS RECEIVED FROM THE AGENCY PURSUANT TO THIS ACT ONLY FOR
PURPOSES WHICH ARE CONSISTENT WITH SECTIONS 1 TO 6.
SUBD. 3. LIMITATION. IN EXERCISING ITS POWERS UNDER THIS SECTION,
THE AGENCY SHALL SEEK THOSE ALTERNATIVES WHICH MAXIMIZE THE CONSERVATION
OF ENERGY AND MATERIALS WHILE MINIMIZING THE ENVIRIRONMENTAL IMPACT AND
THE COST TO THE PEOPLE OF THE STATE. CONSIDERATION SHALL BE GIVEN TO
ECONOMIC FACTORS, INCLUDING BUT NOT LIMITED TO, EFFECTS ON THE LABOR
FORCE.
SEC. 6. (116F.06) PACKAGES AND CONTAINERS; ASSISTANCE; ORDERS;
REPORT, SUBDIVISION 1. THE AGENCY SHALL ADVISE AND ASSIST INDUSTRY AND
BUSINESS WITHIN THE STATE IN PROVIDING AND DEVELOPING PACKAGING AND
CONTAINERS CONSISTENT WITH ENVIRONMENTAL POLICIES OF THE STATE.
SUBD. 2. THE AGENCY SHALL REVIEW NEW OR REVISED PACKAGES OR
CONTAINERS EXCEPT WHEN SUCH CHANGES INVOLVE ONLY COLOR, SIZE, SHAPE OR
PRINTING. THE AGENCY SHALL REVIEW INNOVATIONS INCLUDING, BUT NOT
LIMITED TO, CHANGES IN CONSTITUENT MATERIALS OR COMBINATIONS THEREOF AND
CHANGES IN CLOSURES. WHEN THE AGENCY DETERMINES THAT ANY NEW OR REVISED
PACKAGE OR CONTAINER WOULD CONSTITUTE A SOLID WASTE DISPOSAL PROBLEM OR
BE INCONSISTENT WITH STATE ENVIRONMENTAL POLICIES, THE MANUFACTURER OF
THE PRODUCT MAY WITHDRAW IT FROM FURTHER CONSIDERATION UNTIL SUCH TIME
AS THE MANUFACTURER MAY RESUBMIT SUCH PRODUCT TO THE AGENCY, OR, THE
AGENCY MAY, BY ORDER MADE AFTER NOTICE AND HEARING AS PROVIDED IN
MINNESOTA STATUTES, CHAPTER 15, AND FOLLOWING AN ADDITIONAL PERIOD NOT
TO EXCEED 30 DAYS DURING WHICH THE ENVIRONMENTAL QUALITY COUNCIL MAY
REVIEW THE PROPOSED ACTION, PROHIBIT THE SALE OF THE PACKAGE OR
CONTAINER IN THE STATE.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 030 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106691
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COMMENT GOVERNMENT
REPORT STUDY
ANY SUCH PROHIBITION SHALL CONTINUE IN EFFECT UNTIL REVOKED BY THE
AGENCY OR UNTIL THE LAST LEGISLATIVE DAY OF THE NEXT FOLLOWING
LEGISLATIVE SESSION, WHICHEVER OCCURS FIRST, UNLESS EXTENDED BY LAW.
THIS SUBDIVISION SHALL NOT APPLY TO ANY PACKAGE OR CONTAINER SOLD AT
RETAIL IN THIS STATE PRIOR TO FINAL ENACTMENT OF THIS ACT.
SUBD. 3. THE AGENCY SHALL ADOPT AND MAY AMEND OR RESCIND GUIDELINES
IDENTIFYING THE TYPES OF NEW OR REVISED CONTAINERS AND PACKAGING THAT
ARE SUBJECT TO ITS REVIEW AFTER NOTICE AND HEARING AS PROVIDED IN
MINNESOTA STATUTES, SECTION 15.0412, SUBDIVISION 4. ANY PERSON MAY
SUBMIT TO THE AGENCY A SAMPLE OF A PACKAGE OR CONTAINER FOR AGENCY
REVIEW. THE AGENCY SHALL REVIEW THE SAMPLE, AND MAY REQUIRE THE PERSON
TO FURNISH SUCH ADDITIONAL SAMPLES AND INFORMATION AS MAY BE NECESSARY
FOR IT TO DETERMINE THE ENVIRONMENTAL OR SOLID WASTE DISPOSAL PROBLEMS
THAT THE CONTAINER OR PACKAGING WOULD CAUSE. EXCEPT AS MAY BE NECESSARY
IN CONNECTION WITH ANY PUBLIC HEARING, THE AGENCY SHALL KEEP THE SAMPLES
AND INFORMATION CONFIDENTIAL IF THE PERSON SUBMITTING THEM CERTIFIES
THAT DISCLOSURE OF SAID SAMPLES AND INFORMATION WOULD AFFECT THE
COMPETITIVE POSITION OF THE PERSON: IF THE AGENCY FAILS TO ISSUE AN
ORDER PROHIBITING SALE OF A PACKAGE OR CONTAINER WITHIN 120 DAYS AFTER
THE SAMPLE WAS SUBMITTED, THE AGENCY SHALL NOT PROHIBIT IT THEREAFTER.
THE AGENCY MAY, HOWEVER, FOR GOOD CAUSE, ORDER THE 120 DAY PERIOD TO BE
EXTENDED FOR AN ADDITIONAL PERIOD NOT TO EXCEED 30 DAYS.
SUBD. 4. THE AGENCY'S REPORT TO THE LEGISLATURE ON PROGRESS ON
ABATEMENT OF LAND POLLUTION REQUIRED BY MINNESOTA STATUTES, SECTION
116.10, SHALL BE SUPPLEMENTED BY ANNUAL RECOMMENDATIONS CONCERNING
PROBLEMS RELATING TO SOLID WASTE GENERATION AND SUGGESTED REMEDIES,
INCLUDING BUT NOT LIMITED TO THE PROHIBITION OF THE SALE OR USE OF ANY
PACKAGE OR CONTAINER.
SUBD. 5. NON-SEVERABILITY. THE PROVISIONS OF THIS SECTION SHALL NOT
BE SEVERABLE. IF ANY PROVISION OF THIS SECTION IS FOUND TO BE VOID FOR
ANY REASON, THE REMAINING PROVISIONS OF THE SECTION SHALL BE VOID ALSO.
SEC. 7. (116F.07) USER FEE IMPOSED. A USER FEE OF 15 CENTS PER CUBIC
YARD SHALL BE LEVIED ON SOLID WASTE MATERIALS DISPOSED OF AT A PERMITTED
LANDFILL, OR AT A PERMITTED INCINERATOR WITHOUT HEAT RECOVERY WHEN THE
INCINERATOR CAPACITY IS GREATER THAN 400 POUNDS PER HOUR, EXCEPT THAT NO
FEE SHALL BE LEVIED AGAINST A COMPANY FOR BY-PRODUCT MATERIALS PRODUCED
BY ITS MANUFACTURING, CONSTRUCTION, POWER-GENERATING OR MINING PROCESSES
WHEN SUCH MATERIALS ARE DISPOSED OF AT THE COMPANY'S PRIVATE DISPOSAL
FACILITY. SUCH CHARGE SHALL BE COLLECTED FROM THE OPERATOR OF THE
FACILITY BY THE STATE COMMISSIONER OF TAXATION IN A MANNER DETERMINED BY
HIM. PROCEEDS OF SUCH DISPOSAL CHARGE SHALL BE PAID INTO THE GENERAL
FUND OF THE STATE TREASURY. ANY CONTRACT IN EFFECT ON FINAL ENACTMENT
OF THIS ACT MAY, IF THE PARTIES TO THE CONTRACT MUTUALLY AGREE, BE
RENEGOTIATED TO REFLECT INCREASED COSTS DUE TO THE USER FEE IMPOSED BY
THIS SECTION. THE EXEMPTION SHALL TERMINATE UPON EXPIRATION OF THE
CONTRACT. IF A PARTY TO SUCH A CONTRACT, AFTER A GOOD FAITH ATTEMPT TO
RENEGOTIATE THE CONTRACT, IS UNABLE TO DO SO AND THE CONTRACT WILL
CONTINUE IN EFFECT ON AND AFTER MARCH 1, 1974, THE COMMISSIONER OF
TAXATION, AFTER NOTICE FROM THE PARTY IN SUCH FORM AS THE COMMISSIONER
MAY PRESCRIBE AND SETTING FORTH THESE FACTS, SHALL ISSUE TO THE PARTY A
CERTIFICATE THAT SOLID WASTE MATERIALS DISPOSED OF PURSUANT TO THE
CONTRACT ARE EXEMPT FROM THE USER FEE IMPOSED BY THIS SECTION. THE
OPERATOR OF A SOLID WASTE DISPOSAL FACILITY MAY REQUIRE SUCH A PARTY TO
DISPLAY HIS CERTIFICATE OF EXEMPTION AT THE OPERATOR'S REQUEST.
SEC. 8. (116F.08) PENALTIES. ANY PERSON, CORPORATION, PARTNERSHIP,
FIRM ASSOCIATION, POLITICAL SUBDIVISION OR BODY CORPORATE AND POLITIC
WHICH VIOLATES ANY PROVISION OF SECTIONS 1 TO 7, OR ANY REGULATION OR
RULE PROMULGATED THEREUNDER, SHALL BE GUILTY OF A MISDEMEANOR; AND EACH
DAY THAT A VIOLATION OCCURS OR CONTINUES MAY BE DEEMED A SEPARATE
OFFENSE. IN ADDITION, THE AGENCY MAY REVOKE THE GRANT OF ANY GRANTEE
VIOLATING THE PROVISIONS OF SECTIONS 1 TO 7, OR MAY SEEK OTHER EQUITABLE
OR LEGAL RELIEF.
SEC. 9. APPROPRIATION. THERE IS APPROPRIATED TO THE MINNESOTA
POLLUTION CONTROL AGENCY FROM THE GENERAL FUND IN THE STATE TREASURY THE
SUM OF $1,500,000 OR SO MUCH THEREOF AS MAY BE NECESSARY, FOR THE PERIOD
BEGINNING JULY 1, 1973, AND ENDING JUNE 30, 1975, FOR THE PURPOSE OF
CARRYING OUT THE TERMS AND PROVISIONS OF SECTIONS 1 TO 8.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 031 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106692
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TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
/1/ DATA RECEIVED FROM EILEEN CLAUSEN OF THE U.S. ENVIRONMENTAL
PROTECTION AGENCY. DATA RECEIVED BY EPA FROM CONTRACT AWARDED TO
RESEARCH TRIANGLE PARK. ALL DATA IS IN TONS PER YEAR AND BASED ON A
1970 STUDY YEAR.
THE CALCULATIONS WERE PREPARED BY CONNIE ENNENGA, RESEARCH
SCIENTIST, MINNESOTA POLLUTION CONTROL AGENCY.
ALL EXPENSES OF THE AGENCY IN ADMINISTERING THE APPROPRIATION MADE BY
THIS SECTION ARE PAYABLE THEREFROM. NOT LESS THAN 90 PERCENT OF THE
MONEY APPROPRIATED BY THIS SECTION SHALL BE SPENT FOR GRANTS-IN-AID AS
SPECIFIED IN SECTION 3 OF THIS ACT.
SEC. 10. EFFECTIVE DATE. SECTION 3 OF THIS ACT SHALL TAKE EFFECT ON
JANUARY 1, 1974, SECTION 7 OF THIS ACT SHALL TAKE EFFECT ON MARCH 1,
1974, AND THE REMAINDER OF THIS ACT SHALL TAKE EFFECT THE DAY FOLLOWING
ENACTMENT.
APPROVED MAY 24, 1973.
TABLE OMITTED.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 032 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106693
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COMMENT GOVERNMENT
REPORT STUDY
TABLE OMITTED.
SR-1 APPLICABILITY AND DEFINITIONS
(A) SCOPE
THESE REGULATIONS AND CRITERIA GOVERN THE REVIEW OF NEW OR REVISED
PACKAGES/CONTAINERS SOLD AT RETAIL WITHIN THE STATE OF MINNESOTA AFTER
MAY 25, 1973, IN ACCORDANCE WITH CHAPTER 116 F. MINN. STAT. (SUPP.
1973).
THE PURPOSE OF THESE GUIDELINES IS TO:
(1) IDENTIFY THE TYPES OF NEW OR REVISED PACKAGES/CONTAINERS WHICH
CONVEY PRODUCTS WHICH COME WITHIN INDUSTRY NUMBERS 20111-20999
INCLUSIVE, 28412-28424 INCLUSIVE, 28441-28445 INCLUSIVE OF THE NUMERICAL
LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS) WHICH MAY BE
SUBJECT TO AGENCY REVIEW;
(2) SET FORTH THE CRITERIA WHICH THE AGENCY WILL USE IN EVALUATING
NEW OR REVISED PACKAGES/CONTAINERS;
(3) ESTABLISH THE TYPES OF SAMPLES AND INFORMATION THAT SHALL BE
REQUESTED OR REQUIRED BY THE AGENCY FOR EVALUATION OF NEW OR REVISED
PACKAGES/CONTAINERS;
(4) ESTABLISH A PROCEDURE FOR THE MANNER IN WHICH SAMPLES AND
INFORMATION SHALL BE SUBMITTED AND REVIEWED;
(5) ESTABLISH EXEMPTIONS FOR SOME NEW OR REVISED PACKAGES/
CONTAINERS.
(B) DEFINITIONS
(1) ACCEPTABLE PLASTIC. -- "ACCEPTABLE PLASTIC" IS A PLASTIC THAT WAS
IN USE FOR PACKAGING PRODUCTS WITHIN THE SAME FIVE-DIGIT PRODUCT CODE OF
THE NUMERICAL LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS),
PRIOR TO MAY 25, 1973, OR HAS SUBSEQUENTLY BEEN APPROVED BY THE AGENCY
FOR PACKAGING PRODUCTS WITHIN THE SAME FIVE-DIGIT PRODUCT GROUP
SUBSEQUENT TO MAY 25, 1973;
(2) AGENCY. -- "AGENCY" IS THE MINNESOTA POLLUTION CONTROL AGENCY,
ITS AGENT OR REPRESENTATIVE;
(3) CLOSURE. -- "CLOSURE" MEANS ANY ARTICLE, DEVICE OR CONTRIVANCE
MADE IN WHOLE OR PART OF PAPER, PAPERBOARD, FIBER, WOOD, CERAMIC, GLASS,
METAL, PLASTIC OR ANY COMBINATION OF SUCH MATERIALS, INCLUDING BUT NOT
LIMITED TO CAPS, CLIPS, COVERS, LIDS, TABS OR SEALS FOR THE PURPOSE OF
CLOSING OR FASTENING A PACKAGE/CONTAINER, BUT NOT INCLUDING STAPLES,
METAL TACKS, NAILS, GLUES AND ADHESIVES;
(4) NEW. -- "NEW" MEANS A PACKAGE/CONTAINER DESIGNED TO CONVEY A
PRODUCT NOT PREVIOUSLY SOLD AT RETAIL IN MINNESOTA;
(5) PACKAGE/CONTAINER. -- "PACKAGE/CONTAINER" MEANS ANY ARTICLE,
RECEPTACLE, DEVICE OR CONTRIVANCE MADE IN WHOLE OR IN PART OF PAPER,
FIBER, WOOD, CERAMIC, GLASS, METAL, PLASTIC OR ANY COMBINATION OF SUCH
MATERIALS, INCLUDING BUT NOT LIMITED TO BAGS, BASKETS, BOTTLES, BOXES,
CANS, CARTONS, CARRYING CASES, CUPS, CYLINDERS, ENVELOPES, GLASSES,
JARS, JUGS, PAILS, TUBS, SACKS, TRAYS, TUBES, TUMBLERS, AND VESSELS
INTENDED FOR USE IN CONVEYING ANY PRODUCT FOR SALE AT RETAIL;
(6) REVIEW PERIOD. -- "REVIEW PERIOD" IS THE ONE HUNDRED AND TWENTY
(120) DAY TIME PERIOD IN WHICH THE AGENCY MAY REVIEW SUBMITTED SAMPLES
AND THE ACCOMPANYING INFORMATION. THE AGENCY MAY, FOR GOOD CAUSE SHOWN,
ORDER THE ONE HUNDRED AND TWENTY (120) DAY PERIOD TO BE EXTENDED FOR AN
ADDITIONAL PERIOD NOT TO EXCEED THIRTY (30) DAYS;
(7) REVISED. -- "REVISED" MEANS ANY CHANGE IN A PACKAGE/CONTAINER
SOLD AT RETAIL IN MINNESOTA BEFORE MAY 25, 1973, OR APPROVED FOR SALE AT
RETAIL UNDER THESE REGULATIONS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 033 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106694
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COMMENT GOVERNMENT
REPORT STUDY
SUCH CHANGES INCLUDE: CHANGE IN THE CHEMICAL FORMULATION OF ANY
CONSTITUENT MATERIAL, SUBSTITUTION OF ONE OR MORE CONSTITUENT MATERIALS;
SUBSTITUTION OF CLOSURE; SUBSTITUTION OF LABEL, EXCEPT CHANGES ONLY IN
COLOR AND/OR PRINTING; CHANGES IN DESIGN OR CONFIGURATION, EXCEPT
CHANGES ONLY IN COLOR AND/OR SHAPE; AND ALL OTHER CHANGES, EXCEPT ANY
CHANGES IN SIZE, COLOR, PRINTING, OR SHAPE;
(8) SOLD AT RETAIL. -- "SOLD AT RETAIL" MEANS SALE TO THE HOUSEHOLD
OF THE ULTIMATE CONSUMER.
(9) USER. -- "USER" MEANS AN INDUSTRY WHICH COMBINES PACKAGES/
CONTAINERS AND PRODUCTS TO CREATE A UNIT INTENDED FOR SALE AT RETAIL.
(C) SEVERABILITY
IF ANY PROVISION OF ANY PACKAGING REGULATION OR THE APPLICATION
THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATION OF ANY OTHER
PART OF SUCH REGULATION OR ANY OTHER REGULATION WHICH CAN BE GIVEN
EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION; AND TO THIS END
ALL THE PROVISIONS OF ALL PACKAGING REGULATIONS AND THE VARIOUS
APPLICATIONS THEREOF ARE DECLARED TO BE SEVERABLE.
SR-2 CRITERIA
(A) IN DETERMINING WHETHER A PACKAGE/CONTAINER IS CONSISTENT WITH
STATE ENVIRONMENTAL POLICY, THE AGENCY SHALL PLACE EMPHASIS UPON STATE
RESPONSIBILITIES AND POLICIES ESTABLISHED BY THE ENVIRONMENTAL POLICY
ACT, MINN. STAT. 116D.02, SUBD. 2 (SUPP. 1973), AND BY MINN. STAT.
116F.01 AND 116F.05, SUBD. 3 (SUPP. 1973).
(B) THE AGENCY STAFF WILL COMPARE A SUBMITTED PACKAGE/CONTAINER WITH
PACKAGING ALTERNATIVES. THE OBJECT OF THIS COMPARISON WILL BE TO
ENCOURAGE THOSE ALTERNATIVES WHICH MAXIMIZE MATERIAL AND ENERGY
CONSERVATION WHILE MINIMIZING ADVERSE ENVIRONMENTAL IMPACT AND INCREASED
ECONOMIC COSTS TO THE PEOPLE OF THE STATE. THE STAFF WILL ASSESS THE
RELATIVE MERITS OF ALTERNATIVES AND ENCOURAGE THOSE ALTERNATIVES WHICH;
(1) MINIMIZE THE POTENTIAL FOR ENVIRONMENTAL CONTAMINATION, INCLUDING
BUT NOT LIMITED TO THE RELEASE OF METALS OR SUBSTANCES WITH THE
POTENTIAL FOR BIOLOGICAL HARM;
(2) MINIMIZE THE TOTAL SYSTEM ENERGY COSTS;
(3) MINIMIZE THE USE OF SCARCE OR NON-RENEWABLE RESOURCES;
(4) MINIMIZE THE USE OF VIRGIN MATERIALS;
(5) ARE MOST RECYCLABLE WHERE RECYCLABILITY IS CONSISTENT WITH
(1) AND (2) ABOVE;
(6) MINIMIZE ADVERSE ECONOMIC EFFECTS ON THE CONSUMER, THE LABOR
FORCE, AND INDUSTRY, CONSISTENT WITH (1) AND (2) ABOVE.
(C) IN REVIEWING REVISED PACKAGES/CONTAINERS THE ONLY ALTERNATIVE TO
BE CONSIDERED SHALL BE THE ORIGINAL PACKAGE(S)/CONTAINER(S). NEW
PACKAGES/CONTAINERS SHALL BE COMPARED TO ALL FEASIBLE ALTERNATIVES
SUBMITTED PURSUANT TO SR-5. THE DECISION TO APPROVE A REVISED
PACKAGE/CONTAINER SHALL BE BASED ON A FINDING THAT THE TOTAL POSITIVE
IMPACTS OF THE REVISED PACKAGE/CONTAINER OUTWEIGH THE TOTAL NEGATIVE
IMPACTS IN COMPARISON TO THE EXISTING PACKAGE/ CONTAINER. THE DECISION
TO APPROVE A NEW PACKAGE/CONTAINER SHALL BE BASED ON A FINDING THAT THE
TOTAL POSITIVE IMPACTS OF THE NEW PACKAGE/CONTAINER OUTWEIGH THE TOTAL
NEGATIVE IMPACTS IN COMPARISON TO THE SUBMITTED ALTERNATIVES PURSUANT TO
SR-5.
THE AGENCY SHALL ASSESS WHETHER THE NEW OR REVISED PACKAGE/
CONTAINER:
(1) CONTAINS GREATER OR LESSER QUANTITIES OF METALS, HYDROCARBONS,
ORGANIC OR INORGANIC CHEMICALS, OR OTHER SUBSTANCES WHICH UPON RELEASE
INTO THE ENVIRONMENT THROUGH INCINERATION, LEACHING, OR LITTERING HAVE
OR MAY HAVE POTENTIAL FOR BIOLOGICAL HARM WHEN COMPARED WITH THE
EXISTING PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES SUBMITTED PURSUANT
TO SR-5;
(2) HAS A POTENTIAL FOR CREATING AN ENVIRONMENTAL PROBLEM AS LITTER,
WHICH IS HIGHER OR LOWER THAN THE EXISTING PACKAGE/ CONTAINER OR
FEASIBLE ALTERNATIVES SUBMITTED PURSUANT TO SR-5;
(3) REQUIRES MORE OR LESS BTU/KG OF PRODUCT THAN THE EXISTING
PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES SUBMITTED PURSUANT TO SR-5
FOR THE SAME PACKAGE/CONTAINER SIZE;
(4) REQUIRES MORE OR LESS SCARCE OR NON-RENEWABLE RESOURCES THAN THE
EXISTING PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES SUBMITTED PURSUANT
TO SR-5, FOR THE SAME PACKAGE/CONTAINER SIZE;
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 034 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106695
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COMMENT GOVERNMENT
REPORT STUDY
(5) HAS A HIGHER OR LOWER VIRGIN MATERIALS CONTENT THAN THE EXISTING
PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES SUBMITTED PURSUANT TO SR-5;
(6) HAS MORE OR LESS CURRENT POTENTIAL FOR RECYCLE THAN THE EXISTING
PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES SUBMITTED PURSUANT TO SR-5;
(7) RESULTS IN AN INCREASE OR DECREASE IN THE VOLUME OF SOLID WASTE
IN COMPARISON TO THE EXISTING PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES
SUBMITTED PURSUANT TO SR-5;
(8) HAS A BENEFICIAL OR ADVERSE ECONOMIC EFFECT ON THE CONSUMER, IN
COMPARISON TO THE EXISTING PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES
SUBMITTED PURSUANT TO SR-5;
(9) HAS A BENEFICIAL OR ADVERSE ECONOMIC EFFECT ON THE LABOR FORCE,
IN COMPARISON TO THE EXISTING PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES
SUBMITTED PURSUANT TO SR-5; AND
(10) HAS A BENEFICIAL OR ADVERSE ECONOMIC EFFECT ON INDUSTRY IN
COMPARISON TO THE EXISTING PACKAGE/CONTAINER OR FEASIBLE ALTERNATIVES
SUBMITTED PURSUANT TO SR-5.
(D) AS AN AID IN THE DESIGN, FORMULATION OR SELECTION OF REVISED
PACKAGES/CONTAINERS BY INDUSTRY, THE FOLLOWING CHANGES WILL IN MOST
APPLICATIONS BE CONSIDERED DESIRABLE:
(1) THE SUBSTITUTION OF PAPER FOR SINGLE-USE METAL, SINGLE-USE GLASS,
SINGLE-USE ACCEPTABLE AND OTHER PLASTIC;
(2) THE SUBSTITUTION OF FERROUS METAL, GLASS, OR ACCEPTABLE PLASTIC,
FOR SINGLE-USE PLASTIC WITH POTENTIAL FOR BIOLOGICAL HARM;
(3) THE SUBSTITUTION OF FERROUS METAL, GLASS, ACCEPTABLE PLASTIC, OR
PAPER FOR SINGLE-USE ALUMINUM OR OTHER NON-FERROUS METALS;
(4) THE SUBSTITUTION OF NON-PRESSURIZED CONTAINERS FOR PRESSURIZED
CONTAINERS.
(3) AS AN AID IN THE DESIGN, FORMULATION, OR SELECTION OF REVISED
PACKAGES/CONTAINERS BY INDUSTRY, THE FOLLOWING CHANGES WILL IN MOST
APPLICATIONS BE CONSIDERED TO BE OF NEUTRAL VALUE;
(1) THE SUBSTITUTION OF FERROUS METAL FOR SINGLE-USE GLASS OR
SINGLE-USE ACCEPTABLE PLASTIC;
(2) THE SUBSTITUTION OF ACCEPTABLE PLASTIC FOR SINGLE-USE GLASS OR
FERROUS METAL;
(3) THE SUBSTITUTION OF GLASS FOR SINGLE-USE ACCEPTABLE PLASTIC OR
FERROUS METAL.
(F) AS AN AID IN THE DESIGN, FORMULATION, OR SELECTINON OF REVISED
PACKAGES/CONTAINERS BY INDUSTRY, THE FOLLOWING CHANGES WILL BE
CONSIDERED TO BE UNDESIRABLE:
(1) THE SUBSTITUTION OF SINGLE-USE PLASTIC, METAL OR GLASS OR
COMBINATIONS THEREOF FOR PAPER;
(2) THE SUBSTITUTION OF SINGLE-USE PLASTICS WITH HIGHER POTENTIAL FOR
BIOLOGICAL HARM FOR OTHER PLASTICS;
(3) THE SUBSTITUTION OF SINGLE-USE NON-FERROUS METALS FOR ACCEPTABLE
PLASTIC, GLASS OR FERROUS METALS;
(4) THE SUBSTITUTION OF PRESSURIZED CONATINERS FOR NON-PRESSURIZED
CONTAINERS.
SR-3 REVIEW PROCEDURE
(A) PACKAGE/CONTAINER REVIEW BY THE AGENCY MAY BE INITIATED IN ANY OF
THE FOLLOWING WAYS:
(1) A PACKAGE/CONTAINER USER MAY SUBMIT THE INFORMATION AND SAMPLES
DESCRIBED IN SR-5. WHILE SUCH SUBMISSION FOR REVIEW IS NOT MANDATORY,
ANY PACKAGE/CONTAINER USER WISHING TO INITIATE THE REVIEW PROCESS MUST
SUBMIT ALL THE INFORMATION REQUESTED IN SR-5;
(2) THE AGENCY ITSELF MAY IDENTIFY A PACKAGE/CONTAINER WHICH IT
BELIEVES IS SUBJECT TO ITS REVIEW AND SHALL PROCEED ACCORDING TO
SR-3(C);
(3) ANY OTHER PERSON MAY SUBMIT TO THE AGENCY A PACKAGE/CONTAINER FOR
REVIEW, AND IF THE AGENCY DETERMINES THAT SUCH PACKAGE/ CONTAINER IS
SUBJECT TO ITS REVIEW, THE AGENCY SHALL PROCEED ACCORDING TO SR-3(C).
(B) ONCE THE REVIEW PROCESS IS INITIATED, THE AGENCY SHALL REVIEW THE
PACKAGE/CONTAINER DURING THE REVIEW PERIOD. IF THE AGENCY DETERMINES
THAT THE PACKAGE/CONTAINER CONSTITUTES A SOLID WASTE DISPOSAL PROBLEM OR
IS INCONSISTENT WITH STATE ENVIRONMENTAL POLICIES, AS MANIFESTED IN THE
CRITERIA OF SR-2, THE AGENCY MAY BY ORDER MADE AFTER NOTICE AND HEARING
AS PROVIDED IN CHAPTER 15, MINN. STAT. (1971), PROHIBIT THE SALE OF THE
PACKAGE/CONTAINER WITHIN THE STATE. ANY SUCH PROHIBITION SHALL CONTINUE
IN EFFECT UNTIL REVOKED BY THE AGENCY OR UNTIL THE LAST LEGISLATIVE DAY
OF THE NEXT FOLLOWING LEGISLATIVE SESSION, WHICHEVER OCCURS FIRST,
UNLESS EXTENDED BY ACTION OF THE LEGISLATURE. IF THE AGENCY FAILS TO
ISSUE AN ORDER PROHIBITING A PACKAGE/CONTAINER BY THE END OF THE REVIEW
PERIOD OR TO PROVIDE WRITTEN NOTICE OF ITS ACCEPTABILITY, THE AGENCY MAY
NOT THEREAFTER PROHIBIT IT, PURSUANT TO MINN. STAT., CHAPTER 116F (SUPP.
1973).
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 035 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106696
HEARING
SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
IF IT IS DETERMINED THAT THE PACKAGE/CONTAINER IS ACCEPTABLE, THE
AGENCY WILL SO NOTIFY THE SUBMITTING USER. ANY PACKAGE/CONTAINER
APPROVED BY THE AGENCY MAY SUBSEQUENTLY BE USED TO ENCLOSE OR CONVEY
OTHER PRODUCTS WITHIN THE SAME FIVE-DIGIT PRODUCT GROUP OF THE NUMERICAL
LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS), AS THE PRODUCT IN
THE APPROVED PACKAGE/CONTAINER WITHOUT FURTHER REVIEW BY THE AGENCY, BUT
USE OF PACKAGE/CONTAINER TO ENCLOSE OR CONVEY PRODUCTS WITHIN OTHER
PRODUCT GROUPS SUBJECTS THE PACKAGE/CONTAINER TO REVIEW INITIATED
PURSUANT TO SR-3(A).
(C) WHERE THE AGENCY OR ANY OTHER PERSON INITIATES THE REVIEW PROCESS
BY IDENTIFICATION OR SUBMISSION OF A PACKAGE/CONTAINER, A NOTICE OF
INTENTION TO REVIEW SHALL BE SENT TO THE USER OF THE PACKAGE/CONTAINER
WITHIN TEN (10) DAYS OF IDENTIFICATION OR RECEIPT OF THE
PACKAGE/CONTAINER. UPON RECEIPT OF SUCH NOTICE, THE PACKAGE/CONTAINER
USER SHALL HAVE THIRTY (30) DAYS TO SUBMIT THE INFORMATION REQUIRED BY
SR-5. THE REVIEW PERIOD SHALL BEGIN UPON THE DATE OF RECEIPT OF
INFORMATION.
SR-4 EXEMPTIONS
(A) A NEW OR REVISED PACKAGE/CONTAINER, WILL NOT BE REVIEWED BY THE
AGENCY IF:
(1) IT IS MARKETED WITH A DEPOSIT OF FIVE (5) CENTS OR MORE TO
ENCOURAGE ITS RETURN TO THE DISTRIBUTION SYSTEM FOR REUSE;
(2) IT HAS A CAPACITY OF OVER TWO (2) GALLONS BY VOLUME OR
TWENTY-FIVE (25) POUNDS BY WEIGHT;
(3) IT IS REQUIRED BY FEDERAL OR MINNESOTA LAWS AND REGULATIONS
RELATING TO HEALTH OR SAFETY. PROVIDED, HOWEVER, THAT ANY MODIFICATION
OF A PACKAGE OSTENSIBLY INTENDED TO ACHIEVE COMPLIANCE WITH FEDERAL OR
MINNESOTA LAW, WHICH CLEARLY GOES BEYOND WHAT IS REQUIRED FOR COMPLIANCE
WITH THE LAW OR REGULATION SHALL NEGATE THE EXEMPT STATUS OF THE
PACKAGE;
(4) IT IS CLEARLY INTENDED FOR MULTIPLE REUSE BY THE CONSUMER AND
SPECIFICALLY DESIGNED SO AS TO BE SUITABLE FOR SUCH MULTIPLE REUSE; AND
IS A PACKAGE OR CONTAINER WHICH THE CONSUMER MIGHT PURCHASE SEPARATELY
ON MORE THAN ONE OCCASION;
(5) IT CONVEYS PRODUCTS OTHER THAN THOSE WHICH COME WITHIN INDUSTRY
NUMBERS 20111-20999 INCLUSIVE, 28412-28424 INCLUSIVE, 28441-28445
INCLUSIVE OF THE NUMERICAL LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC
BASIS).
(B) A REVISED PACKAGE/CONTAINER, WILL NOT BE REVIEWED BY THE AGENCY:
(1) WHEN A PACKAGE/CONTAINER IS MADE SUBSTANTIALLY OF GLASS, AND THE
REVISION(S) IS (ARE) OF THE FOLLOWING NATURE;
(A) ANY CHANGES IN THE CHEMICAL FORMULATION OF THE GLASS OR ITS
COLORING AGENTS; OR
(B) ANY CHANGES IN ENAMELS OR COATINGS WHICH ARE FIRED TO THE GLASS;
OR
(C) ANY CHANGES IN COATINGS USED TO FACILITATE LUBRICITY IN
MANUFACTURE OR HANDLING AS LONG AS SUCH COATING IS NOT A STRUCTURAL
PORTION OF THE PACKAGE/CONTAINER.
(2) WHEN A PACKAGE/CONTAINER IS MADE SUBSTANTIALLY OF ALUMINUM OR
STEEL, AND THE REVISION(S) IS (ARE) OF THE FOLLOWING NATURE:
(A) ANY CHANGES IN THE ALLOY CHEMISTRY OR TEMPER THEREOF WITHIN THE
SAME METAL TYPE; OR
(B) ANY GAUGE CHANGES; OR
(C) ANY CHANGES IN SEAM CONSTRUCTION OR SOLDERS OR ADHESIVES; OR
(D) ANY CHANGES IN THE INSIDE COATINGS OF METAL PACKAGES/CONTAINERS
AS LONG AS SUCH MATERIALS WERE IN USE FOR ANY STEEL OR ALUMINUM
PACKAGE/CONTAINER COATINGS PRIOR TO MAY 25, 1973, OR ARE APPROVED BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION FOR CONTACT WITH FOOD
SURFACES, PROVIDED THAT SUCH COATINGS DO NOT EXCEED .0025 INCH IN GAUGE;
(E) A REVISED PACKAGE/CONTAINER OTHERWISE EXEMPT FROM REVIEW PURSUANT
TO SR-4 (B) (2) MAY BE REVIEWED BY THE AGENCY IF THE REVISION INVOLVES A
CLOSURE WHICH IS AN INTEGRAL PART OF THE PACKAGE/ CONTAINER BODY OR
ENDS.
(3) WHEN A PACKAGE/CONTAINER IS MADE SUBSTANTIALLY OF PAPER OR PAPER
PRODUCTS AND THE REVISION(S) IS (ARE) OF THE FOLLOWING NATURE:
(A) CHANGES IN BOARD OR PAPER COATINGS OF CLAY, WAXES, LACQUERS, OR
POLYOLEFIN COMPOUNDS AS LONG AS SUCH SUBSTITUTE MATERIALS WERE IN USE AS
BOARD OR PAPER COATINGS PRIOR TO MAY 25, 1973, OR ARE APPROVED FOR
CONTACT WITH FOOD SURFACES BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION; OR
(B) CHANGES OF FOIL LAMINATES WHICH DO NOT EXCEED .0005 INCH IN GAUGE
AND SERVE AS A FUNCTIONAL BARRIER; OR
(C) CHANGES IN CALIPER OR BASIS WEIGHT; OR
(D) CHANGES IN BOARD OR PAPER FURNISH WHERE SUCH CHANGES DO NOT
REPRESENT A SPECIFICATION CHANGE BY TEH USER WITH THE EFFECT OF REDUCING
RECYCLED CONTENT.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 036 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106697
HEARING
SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
(4) WHEN A PACKAGE/CONTAINER IS MADE SUBSTANTIALLY OF PLASTIC TYPE
MATERIALS AND THE REVISION(S) IS(ARE) OF THE FOLLOWING NATURE:
(A) FOR RIGID WALL CONTAINERS; (1) CHANGES IN BASIS WEIGHT; OR (2)
SUBSTITUTION OF STANDARD FORMULATIONS WITHIN THE SAME MONOMER GROUP.
(B) FOR POUCHES, LINERS, CHUBS, AND OTHER FLEXIBLE PACKAGING
INCLUDING LAMINATES WITH A WALL THICKNESS NOT EXCEEDING .010 INCH: (1)
SUBSTITUTIONS WITHIN OR BETWEEN THE FOLLOWING GROUPS; A. NYLONS; B.
POLYESTER; C. PVDC; D. POLYETHYLENE; E. POLYPROPYLENE; F. IONOMERS;
AND G. POLYETHYLENE TEREPHTHALATE; OR
(2) CHANGES IN BASIS WEIGHT OR CALIPER OF ANY MATERIAL CONSTITUENTS
SO LONG AS THE TOTAL GAUGE DOES NOT EXCEED .010 INCH; OR
(3) SUBSTITUTIONS INDIVIDUALLY OR IN COMBINATION OF SUBSTRATE
MATERIALS OF PAPER, GLASS OR COTTON FABRIC.
(C) A REVISED PACKAGE/CONTAINER OTHERWISE EXEMPT FROM REVIEW PURSUANT
TO SR-4 (B) (4) MAY BE REVIEWED BY THE AGENCY IF THE REVISION INVOLVES
THE USE OF ANY FOAMED RESINS.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF THESE REGULATIONS, NO
PACKAGE/CONTAINER SHALL BE REVIEWED IF:
(1) IT IS IDENTICAL IN ALL WAYS TO A PACKAGE/CONTAINER SOLD AT RETAIL
IN MINNESOTA BEFORE MAY 25, 1973, OR IF ANY CHANGES DO NOT BRING IT
WITHIN THE DEFINITION OF "REVISED" CONTAINED IN SR-1, AND
(2) THE PRODUCT TO BE PACKAGED IN THE PACKAGE/CONTAINER IS WITHIN THE
SAME PRODUCT GROUP AS A PRODUCT SOLD AT RETAIL BEFORE MAY 25, 1973, IN
SUCH IDENTICAL CONTAINER. FOR PRODUCTS WITHIN THE NUMERICAL LIST OF
MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS) SUBJECT TO REVIEW THE
FIVE-DIGIT PRODUCT CODE SHALL BE USED TO DETERMINE WHETHER THE PRODUCTS
ARE WITHIN THE SAME PRODUCT GROUP.
(D) UPON INITIATION OF THE REVIEW PROCESS PURSUANT TO SR-3 BY A
PACKAGE/CONTAINER USER, THE AGENCY IN CONSULTATION WITH THE USER MAY
DEFER REVIEW FOR A FIXED PERIOD OF TIME (NOT TO EXCEED 180 DAYS) FOR
TEST MARKETING, SEASONAL, PROMOTIONAL OR EMERGENCY SITUATIONS.
(E) NOTWITHSTANDING ANY OTHER PROVISION(S) OF SR-4, THE USER OF ANY
PACKAGE/CONTAINER WHO BELIEVES THE PACKAGE/CONTAINER TO BE EXEMPT UNDER
SR-4 (A), (B) OR (C) MAY, BUT IS NOT REQUIRED TO:
(1) SUBMIT TO THE AGENCY A REQUEST FOR CERTIFICATION OF EXEMPTION
WHICH IDENTIFIES THE SUBDIVISION OF SR-4 THAT THE USER BELIEVES IS
APPLICABLE AND WHICH CONTAINS APPROPRIATE DOCUMENTATION. THE AGENCY MAY
REQUEST THE SUBMISSION OF ADDITIONAL INFORMATION NECESSARY TO DETERMINE
WHETHER SUCH CERTIFICATION OF EXEMPTION IS APPROPRIATE.
(2) INITIATE THE REVIEW PROCESS, PURSUANT TO SR-3(A)(1), BY
SUBMITTING THE INFORMATION AND SAMPLES DESCRIBED IN SR-5.
SR-5 INFORMATION REQUIRED FOR REVIEW
(A) WHERE THE PACKAGE/CONTAINER REVIEW PROCESS HAS BEEN INITIATED
PURSUANT TO SR-3, THE PACKAGE/CONTAINER USER MAY, BUT IS NOT REQUIRED
TO, SUBMIT A SAMPLE OF THE NEW OR REVISED PACKAGE/CONTAINER. THE SAMPLE
MAY, BUT NEED NOT, CONTAIN THE PRODUCT TO BE RETAILED IN IT. SUCH
SAMPLES AND PRODUCTS WILL NOT BE RETURNED TO THE SUBMITTING PARTY.
(B) THE PACKAGE/CONTAINER USER AND/OR MANUFACTURER WHO INITIATES THE
REVIEW PROCESS PURSUANT TO SR-3(A) (1) OR WHO RECEIVES A NOTICE OF
INTENTION TO REVIEW ISSUED PURSUANT TO SR-3(C) SHALL SUBMIT TO THE
AGENCY:
(1) A BRIEF DESCRIPTION OF THE PACKAGE/CONTAINER AND CLOSURE
INCLUDING ITS APPEARANCE, WEIGHT (IN GRAMS OF EACH SUB-ASSEMBLY), VOLUME
OF PACKAGE/CONTAINER AND WEIGHT OF PRODUCT TO BE CONTAINED THEREIN;
(2) IN THE EVENT A SAMPLE IS NOT SUBMITTED, AN ENGINEERING DRAWING OF
THE PACKAGE/CONTAINER WITH CLOSURE MUST ACCOMPANY THE APPLICATION FOR
REVIEW;
(3) A BRIEF DESCRIPTION OF THE PRODUCT TO BE RETAILED IN THE NEW
REVISED PACKAGE/CONTAINER AND THE FIVE-DIGIT PRODUCT GROUP OF THE
NUMERICAL LIST OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS) THEREOF;
(4) THE TRADE NAME AND/OR COMMON NAMES OF ALL COMPONENTS IN THE
PACKAGE/CONTAINER AND CLOSURE;
(5) THE CHEMICAL NAME (FOLLOWING THE NOMENCLATURE OF CHEMICAL
ABSTRACTS) OF ALL COMPONENTS IN THE PACKAGE/CONTAINER AND CLOSURE
INCLUDING BUT NOT LIMITED TO RESINS, CATALYSTS, PLASTICIZERS,
STABILIZERS, COATINGS, COLORING AGENTS, METALS AND PRESERVATIVES. THE
TOTAL MASS OF EACH SUCH CONSTITUENT SHALL BE LISTED IN GRAMS.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 037 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106698
HEARING
SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
(6) THE PERCENT OF RECYCLED CONTENT FROM POST-CONSUMER WASTE OF EACH
COMPONENT IF KNOWN;
(7) A BRIEF STATEMENT AS TO WHETHER THE USER'S SPECIFICATIONS FOR THE
PACKAGE/CONTAINER SPECIFICALLY DISCRIMINATE AGAINST THE USE OF RECYCLED
MATERIALS FROM POST-CONSUMER WASTE IN CASES WHERE THE UNITED STATES FOOD
AND DRUG ADMINISTRATION DOES NOT PROHIBIT SUCH REUSE;
(8) THE BEST ESTIMATE OF ENERGY REQUIREMENTS FOR FABRICATION OR
CONVERSION OF THE PACKAGE/CONTAINER AND CLOSURE;
(9) ANY SPECIFICATIONS FOR THE PACKAGE/CONTAINER AND CLOSURE WHICH
LIMIT TOTAL HEAVY METALS AND WHICH SPECIFICALLY LIMIT ANY UNDESIRABLE
IMPURITIES SUCH AS UNREACTED MONOMER, CATALYSTS OR REACTION-BY-PRODUCTS
TO LOWEST LEVELS CONSISTENT WITH GOOD MANUFACTURING PRACTICES;
(10) AN ESTIMATE BY THE PACKAGE/CONTAINER USER OF EFFECTS ON THE
LABOR FORCE OF ACCEPTANCE OR PROHIBITION OF THE PACKAGE/CONTAINER. THIS
ESTIMATE SHALL INCLUDE BOTH POSITIVE AND NEGATIVE EFFECTS;
(11) AN ESTIMATE BY THE PACKAGE/CONTAINER USER OF EFFECTS ON INDUSTRY
OF ACCEPTANCE OR PROHIBITION OF THE PACKAGE/CONTAINER. THIS ESTIMATE
SHALL INCLUDE BOTH POSITIVE AND NEGATIVE EFFECTS;
(12) AN ESTIMATE BY THE PACKAGE/CONTAINER USER OF UNIT PRICE PER
OUNCE OF PRODUCT SOLD AT RETAIL FOR THE SAME PACKAGE/CONTAINER SIZE;
(13) THE APPROXIMATE DATE THE PACKAGE/CONTAINER WILL BE INTRODUCED
INTO THE MINNESOTA RETAIL MARKET;
(14) THE NAME AND ADDRESS OF THE USER OF THE PACKAGE/CONTAINER,
INCLUDING THE NAME OF A PERSON WITHIN THE COMPANY WHO MAY BE CONTACTED
FOR ADDITIONAL INFORMATION.
(C) IN THE CASE OF A NON-EXEMPT REVISED PACKAGE/CONTAINER FOR
PURPOSES OF COMPARISON, THE USER SHALL SUBMIT THE FOLLOWING INFORMATION
ON THE ORIGINAL PACKAGE/CONTAINER.
(1) A BRIEF DESCRIPTION OF THE ORIGINAL PACKAGE/CONTAINER AND CLOSURE
INCLUDING ITS APPEARANCE, WEIGHT (IN GRAMS OF EACH SUB-ASSEMBLY), VOLUME
OF PACKAGE/CONTAINER AND VOLUME OF PRODUCT TO BE CONTAINED THEREIN;
(2) IN THE EVENT A SAMPLE IS NOT SUBMITTED, AN ENGINEERING DRAWING OF
THE PACKAGE/CONTAINER WITH CLOSURE SHALL ACCOMPANY THE OTHER
INFORMATION;
(3) A BRIEF DESCRIPTION OF THE PRODUCT RETAILED IN THE ORIGINAL
PACKAGE/CONTAINER AND THE FIVE-DIGIT PRODUCT GROUP OF THE NUMERICAL LIST
OF MANUFACTURED PRODUCTS (NEW (1972) SIC BASIS) THEREOF;
(4) THE TRADE NAME AND/OR COMMON NAMES OF ALL COMPONENTS IN THE
PACKAGE/CONTAINER AND CLOSURE;
(5) THE CHEMICAL NAME (FOLLOWING THE NOMENCLATURE OF CHEMICAL
ABSTRACTS) OF ALL COMPONENTS IN THE PACKAGE/CONTAINER AND CLOSURE
INCLUDING BUT NOT LIMITED TO RESINS, CATALYSTS, PLASTICIZERS,
STABILIZERS, COATINGS, COLORING AGENTS, METALS AND PRESERVATIVES. THE
TOTAL MASS OF EACH CONSTITUENT SHALL BE LISTED IN GRAMS;
(6) THE PERCENT OF RECYCLED CONTENT FROM POST-CONSUMER WASTE OF EACH
COMPONENT IF KNOWN;
(7) THE BEST ESTIMATE OF ENERGY REQUIREMENTS FOR FABRICATION OR
CONVERSION OF THE PACKAGE/CONTAINER AND CLOSURE;
(8) ANY SPECIFICATIONS FOR THE PACKAGE/CONTAINER AND CLOSURE WHICH
LIMIT TOTAL HEAVY METALS AND WHICH SPECIFICALLY LIMIT ANY UNDESIRABLE
IMPURITIES SUCH AS UNREACTED MONOMER, CATALYSTS OR REACTION-BY-PRODUCT
TO LOWEST LEVELS CONSISTENT WITH GOOD MANUFACTURING PRACTICE;
(9) AN ESTIMATE BY THE PACKAGE/CONTAINER USER ON UNIT PRICE PER OUNCE
OF PRODUCT AT RETAIL FOR THE SAME PACKAGE/CONTAINER SIZE.
(D) IN THE CASE OF A NEW PACKAGE/CONTAINER THE USER SHALL EVALUATE
THE MERITS OF ALTERNATIVE PACKAGES/CONTAINERS. THE USER SHALL SUBMIT TO
THE AGENCY ALL INFORMATION REQUIRED PURSUANT TO SR-5 (B) ON ALL
ALTERNATIVES SO CONSIDERED.
SR-6 CONFIDENTIALITY
(1) IF THE MANUFACTURER OF A NEW OR REVISED PACKAGE/CONTAINER
CERTIFIES AT THE TIME OF SUBMISSION OF THE SAMPLE AND OTHER REQUIRED
INFORMATION THAT DISCLOSURE OF ANY OF THE INFORMATION WILL AFFECT THE
COMPANY'S COMPETITIVE POSITION, THE AGENCY SHALL KEEP SUCH SAMPLE AND
INFORMATION CONFIDENTIAL EXCEPT AS MAY BE NECESSARY FOR PUBLIC HEARINGS
AS REQUESTED BY THE USER REQUIRED UNDER SR-3.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 038 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106699
HEARING
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TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
(1) TAX MONEY COLLECTED
MINNESOTA STATUTES CHAPTER 168B PLACED A $1.00 TAX ON THE TRANSFER OF
TITLE OF ALL MOTOR VEHICLES WEIGHING OVER 1000 POUNDS. THE TAX TOOK
EFFECT ON JANUARY 1, 1972 AND IS STILL IN EFFECT.
TAX COLLECTED: FISCAL YEAR 1972 -- JANUARY 1, 1972 TO JUNE 30, 1972
-- $261,450 FISCAL YEAR 1973 -- JULY 1, 1972 TO JUNE 30, 1973 -- 921,518
FISCAL YEAR 1974 -- JUNE 30, 1973 TO DECEMBER 31, 1974 -- 385,456 FISCAL
YEAR 1974 -- TOTAL ESTIMATE -- 825,000 TAX COLLECTED IN FIRST 24 MONTHS
-- 1,568,424
THE PROCEEDS FROM THE TAX ARE PAID INTO THE STATE TREASURY WITH
PROGRAM OPERATION FUNDS ALLOCATED IN THE DIVISION OF SOLID WASTE'S
BUDGET. FOR FISCAL YEARS 1972 THROUGH 1975, $800,000 WAS APPROPRIATED
FOR EACH FISCAL YEAR. ANY REMAINING FUNDS FROM THE YEARLY APPROPRIATION
NOT USED DURING A FISCAL YEAR ARE LOST SINCE THERE IS NO PROVISION TO
ALLOW CARRYOVER OF UNUSED FUNDS FROM ONE FISCAL YEAR TO THE NEXT.
(2) FISCAL YEAR 1972 PROGRAM ACTIVITIES
TOTAL FUNDS EXPENDED -- $122,014.05.
AGENCY ABANDONED MOTOR VEHICLE PROGRAM FUNDS BECAME AVAILABLE ON
MARCH 3, 1972, THE DATE THE ABANDONED MOTOR VEHICLE REGULATIONS BECAME
EFFECTIVE. DURING FISCAL YEAR 1972, $677,985.95 WAS LOST DUE TO THE
SHORT PERIOD AVAILABLE FOR UNITS OF GOVERNMENT TO APPLY FOR PROGRAM
FUNDS. NO CONTRACTS WERE APPROVED FOR THE COLLECTION AND TRANSPORTATION
OF ABANDONED MOTOR VEHICLES.
DURING FISCAL YEAR 1972, THERE WERE 65 CONTRACTS APPROVED. THEY
INVOLVED PARTICIPATION OF 56 COUNTIES. THE MAJORITY OF THE CONTRACTS
57, WERE FOR CONDUCTING INVENTORIES OF ABANDONED MOTOR VEHICLES. EACH
COUNTY WAS AUTHORIZED TO APPLY FOR $2000 FOR INVENTORY PURPOSES. EIGH
CONTRACTS WERE FOR ESTABLISHING PERMANENT COLLECTION SITES.
THE ESTABLISHMENT OF COMPLETE PERMANENT COLLECTION SITES WAS
DISCONTINUED AFTER THE INITIAL NINE SITES WERE APPROVED DUE TO THE HIGH
COST.
WE NOW RECOMMEND THAT COUNTIES FIRST CONSULT WITH THEIR LOCAL AUTO
PARTS SALVAGE YARDS OR SCRAP DEALERS TO DETERMINE IF ARRANGEMENTS
CAN BE MADE FOR THE LOCAL DEALERS TO ACCEPT AT NO COST, VEHICLES
BROUGHT TO THE DEALERS BY LOCAL CITIZENS. IN A CASE WHERE NO
ARRANGEMENT IS POSSIBLE, A COUNTY CAN APPLY FOR FUNDING FOR
ASSISTANCE IN ESTABLISHMENT OF A PERMANENT COLLECTION SITE. IF IT
IS DETERMINED A COLLECTION SITE IS NECESSARY, A COUNTY CAN APPLY FOR
$30.25 PER TON FOR ONE OF OUR FIRST CONTRACTS AWARDED FOR REMOVAL
OF AN ABANDONED AUTO PARTS SALVAGE YARD TO A LOW OF $6 PER VEHICLE
FOR COLLECTION OF VEHICLES WHICH WERE THEN ULTIMATELY SOLD.
TOTALLY, 43,078 UNITS WERE MOVED TO SCRAP PROCESSORS UNDER FISCAL
1973 CONTRACTS. THE 43,078 FIGURE REPRESENTS APPROXIMATELY 51,695 TONS
OF SCRAP METAL. ON AN AVERAGE, VEHICLES WEIGHED APPROXIMATELY 1.2 TONS.
THE TOTAL REMOVAL FIGURE ALSO INCLUDES SOME FARM MACHINERY AND OTHER
SCRAP METAL. IN SEVERAL COUNTIES, FARM MACHINERY REPRESENTED ALMOST 12%
OF THEIR TOTAL UNITS. ADDITIONALLY, THERE WERE PROBABLY 10,000 MORE
VEHICLES WHICH WERE MOVED TO SCRAP PROCESSORS AS A RESULT OF CONTRACTORS
DOING SIDE JOBS ON THEIR OWN WHEN THEY WERE IN AN AREA DOING A COUNTY
CLEAN-UP. TAKING INTO ACCOUNT ONLY THE CONTRACT COST OF REMOVAL OF THE
43,078 UNITS, THE COST OF INVENTORY WAS DEDUCTED, IT COST AN AVERAGE OF
$15.34 PER UNIT FOR THE CLEAN-UP OF THE 43,078 VEHICLES.
THE LARGEST NUMBER OF VEHICLES MOVED FROM ANY AREA WAS 2562 VEHICLES
REMOVED FROM THE RED LAKE INDIAN RESERVATION AT A COST OF $12.68 PER
VEHICLE. THEY HAVE AN ADDITIONAL 1500 VEHICLES TO BE REMOVED TO
COMPLETE THEIR CLEAN-UP.
(4) FISCAL YEAR 1974 PROGRAM ACTIVITIES
TOTAL FUNDS EXPENDED, APRIL 8, 1974 -- $302,264.11.
ALL CONTRACTS FOR REMOVAL OF ABANDONED MOTOR VEHICLES APPROVED DURING
FISCAL YEAR 1974 ARE FOR COMBINED COLLECTION AND TRANSPORTATION. THE
EXISTING CONTRACTS SHOULD RESULT IN THE REMOVAL OF APPROXIMATELY 20,000
VEHICLES.
THE AVERAGE COST FOR REDUCTION AND TRANSPORTATION FOR THE 32
CONTRACTS IS APPROXIMATELY $14 PER VEHICLE. WITH THE RECENT
SKYROCKETING OF SCRAP PRICES, MOST VEHICLES ARE MOVING AT NO COST TO OUR
PROGRAM. TWENTY-FIVE OF THE 32 CONTRACTS AVERAGING $14 PER UNIT WERE
AWARDED BEFORE NOVEMBER, 1973, WHICH IS PRIOR TO THE BIG JUMP IN SCRAP
PRICES. THE MOST RECENT BID IS WITH KANDIYOHI COUNTY FOR $2.95 PER TON
FOR COLLECTION AND TRANSPORTATION OF 600 VEHICLES. SIX COUNTIES HAVE
RECEIVED BIDS TO PURCHASE VEHICLES WHEN ADVERTIZING. LYON COUNTY
RECENTLY RECEIVED A PURCHASE BID OF $8 PER TON FOR 2000 VEHICLES
SCATTERED THROUGHOUT THE COUNTY.
(5) PROGRAM SUMMARY
A. TOTAL PROGRAM COST TO DATE: FISCAL YEAR 1972 ----- $122,014.05
FISCAL YEAR 1973 ----- 675,834.16 FISCAL YEAR 1974 (9 MOS.)302,264.11
TOTAL ----- 1,100,112.32
B' TOTAL UNITS COLLECTED AND TRANSPORATED TO SCRAP PROCESSORS UNDER
CONTRACTS: FISCAL YEAR 1972 ----- 0 FISCAL YEAR 1973 ----- 43,078
FISCAL YEAR 1974 (ESTIMATE) ----- 25,000
C. COST PER UNIT: FISCAL YEAR 1973 ----- $15.34 FISCAL YEAR 1974
(ESTIMATE) ----- 14.00
THE $14 FIGURE DOES NOT INCLUDE ANY SAVINGS TO THE STATE FOR VEHICLES
SOLD BY COUNTIES. AS MENTIONED EARLIER, 6 COUNTIES HAVE SOLD VEHICLES
AND MANY OTHER COUNTIES HAVE DECIDED NOT TO ADVERTIZE SINCE THE HIGH
SCRAP PRICES HAVE PROMOTED MOVEMENT OF THE ISOLATED ABANDONED MOTOR
VEHICLES.
D. TOTAL TAX COLLECTED AND DEPOSITED IN THE STATE TREASURY SINCE
JULY, 1972: TOTAL TAX COLLECTED THROUGH DEC, 31, 1974 . . . $1,508,424
TOTAL ESTIMATED TAX COLLECTION FISCAL YEAR 1972-74 . . . 2,007,968
C. SCRAP PRICES FOR FLATTENED MOTOR VEHICLES: PER TON JULY 1972 --
PROGRAM START . . . $7-$10 JULY 1973 . . . $16-$18 OCTOBER 1973 . .
.$18-$25 APRIL 1974 . . .$35
F. AGENCY APPROVED REDUCER-TRANSPORTERS:
DURING THE FIRST EIGHT MONTHS, THERE WERE ONLY 4 CONTRACTORS LICENSED
TO PARTICIPATE IN THE PROGRAM. AS A RESULT, SOME INITIAL PROGRAM
CONTRACTS COULD HAVE BEEN DONE AT LESS COST. PRESENTLY, THERE ARE 22
LICENSED CONTRACTORS. FOURTEEN OF THE CONTRACORS HAVE PORTABLE
AUTOMOBILE CRUSHERS. THE REMAINING CONTRACTORS ARE STATIONARY AND
OPERATE ONLY IN A LIMITED AREA. IN THE PAST YER, COUNTIES NORMALLY
RECEIVED 5 OR 6 BIDS EACH TIME THEY ADVERTIZED. THERE ARE ALSO AN
ADDITIONAL 10 OR 12 CONTRACTORS WHO COULD BE LICENSED UNDER OUR PROGRAM,
BUT HAVE CHOSEN NOT TO PARTICIPATE.
G. PROGRAM SYNOPSIS:
AT EXISTING SCRAP PRICES, MOST VEHICLES SHOULD MOVE TO SCRAP
PROCESSORS AT NO OR QUITE LOW COST TO THE STATE. THE PROBLEM MOST
CONTRACTORS HAVE IS THAT MANY CITIZENS FEEL THEIR RETIRED VEHICLES ARE
WORTH $20 IF A REDUCER-TRANSPORTER ASKS TO TAKE THE VEHICLE FOR FREE OR
PAY A FEW DOLLARS FOR IT. THIS RELUCTANCE TO RELEASE VEHICLES CAN BE
OVERCOME IF A COUNTY ASSISTS IN THE CLEAN-UP EFFORT.
OVERALL, THE CONTRACT COSTS OF REMOVAL MAY NOT GO TO MUCH LOWER THAN
IT IS NOW BECAUSE THE VEHICLES OUR PROGRAM WILL MOVE WILL BE THE ONES A
PRIVATE CONTRACTOR WOULD NORMALLY NOT TAKE.
SENATOR RANDOLPH, RALPH L. TABOR?
MR. TABOR, YOU WILL GIVE US YOUR CORRECT NAME AND POSITION YOU HOLD,
AND ALSO I SHOULD STATE THAT MRS. IDAMAE GARROTT, THE MONTGOMERY CONTY
COUNCILWOMAN, HAD AN EMERGENCY TASK WHICH SHE HAD TO PERFORM THIS
MORNING AND THEREFORE IS NOT APPEARING. I FUNDING FOR THE COST OF LAND
CLEARING AND FOR THE COST OF NECESSARY GRAVEL FOR AN ACCESS ROAD TO THE
COLLECTION SITE. ONE SITE HAS BEEN ESTABLISHED USING THIS PROCEDURE.
(3) FISCAL YEAR 1973 PROGRAM ACTIVITIES
TOTAL FUNDS EXPENDED -- $675,834.16.
FISCAL YEAR 1973 WAS THE FIRST FULL YEAR OF COMPLETE OPERATION OF THE
AGENCY'S ABANDONED MOTOR VEHICLE PROGRAM. DURING THE YEAR, 116
CONTRACTS WERE APPROVED. THE CONTRACTS INVOLVED OPERATIONS IN 54
COUNTIES AND THE CITIES OF DULUTH, MINNEAPOLIS AND ST. PAUL.
TWENTY-FIVE OF THE CONTRACTS WERE FOR CONDUCTING INVENTORIES OF
ABANDONED VEHICLES, TWO WERE FOR ESTABLISHMENT OF PERMANENT COLLECTION
SITES AND THE REMAINING CONTRACTS WERE FOR COLLECTION AND TRANSPORTATION
OF VEHICLES.
DURING THE YEAR, THE NORMAL CONTRACT PROCEDURE FOLLOUED WAS TO FIRST
HAVE THE COUNTY CONDUCT AN INVENTORY AND LOCATE AT LEAST 400 VEHICLES.
ONCE THE INVENTORY WAS COMPLETE, THE COUNTY WOULD BE AUTHORIZED TO
ADVERTIZE FOR BIDS FOR THE COLLECTION OF THE VEHICLES TO SEVERAL
COLLECTION POINTS IN THE COUNTY. WHEN THE COLLECTION WAS COMPLETE, THE
COUNTY WAS THEN AUTHORIZED TO ADVERTISE FOR BIDS FOR THE REDUCTION AND
TRANSPORTATION OF THE COLLECTED VEHICLES TO ANY SCRAP PROCESSOR. IN
MOST CASES, ONCE THE VEHICLES WERE COLLECTED, COUNTIES WERE ABLE TO SELL
THE COLLECTED VEHICLES.
STATEMENT OF MERRITT G J, ACCOMPANIED BY WENDT K
STATEMENT OF MERRITT GJ
APPENDIX A LAWS OF MINNESOTA FOR 730000
THE NEED FOR A NATIONAL MATERIALS POLICY
APPENDIX B PACKING MATERIALS DATA
APPENDIX C REVISED GUIDELINES FOR PACKAGING REVIEW
APPENDIX D ABANDONED MOTOR VEHICLES PROGRAM REPORT
PART 039 OF 39
MERRITT G J EXECUTIVE DIRECTOR
WENDT K MEMBER, SOURCE REDUCTION STAFF
ENNENGA C RESEARCH SCIENTIST
KYSER D PE
MINNESOTA POLLUTION CONTROL AGENCY
STATE OF MINNESOTA
MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF SPECIAL SERVICES
106700
HEARING
SENATE
TRANSCRIPT
COMMENT GOVERNMENT
REPORT STUDY
NINE CONTRACTS WERE APPROVED FOR REDUCTION AND TRANSPORTATION OF
COLLECTED VEHICLES. THERE WERE ALSO SIX CONTRACTS APPROVED FOR COMBINED
COLLECTION AND TRANSPORTATION OF INVENTORIED VEHICLES.
AT THE INITIATION OF THE COLLECTION PROGRAM, JULY 1, 1972, SCRAP
PRICES WERE FAIRLY LOW. CONTRACTORS WITH PORTABLE COMPACTORS WERE
SELLING FLATTENED VEHICLES FOR APPROXIMATELY $10 PER TON AND IN MOST
CASES, THEY WERE REQUIRED TO REMOVE THE SEATS FROM THE VEHICLES PRIOR TO
CRUSHING. PRESENTLY, FLATTENED VEHICLES ARE SELLING FOR APPROXIMATELY
$35 PER TON. BID PRICES HAVE VARIED CONSIDERABLY DURING THE YEAR. THEY
HAVE RANGED FROM A HIGH OF UNDERSTAND YOU WILL, AT LEAST, IN PART, DEAL
WITH HER TESTIMONY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 001 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106701
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
MR. TABOR. YES. THANK YOU, MR. CHAIRMAN, MY NAME IS RALPH TABOR,
DIRECTOR OF FEDERAL AFFAIRS FOR THE NATIONAL ASSOCIATION OF COUNTIES. I
AM ACCOMPANIED BY CAROL SHASKAN, ELGISLATIVE RESEARCH ASSISTANT WITH THE
NATIONAL ASSOCIATION OF COUNTIES.
I WOULD LIKE TO APOLOGIZE FOR MRS. GARROTT IN HER BEHALF. I THINK
SHE MAY HAVE ALREADY SPOKEN TO THE STAFF. THEY HAVE AN IMPORTANT BILL
AND SHE HAD TO BE IN COUNCIL SESSION ON THIS MORNING.
I WILL GIVE MOST OF HER STATEMENT SINCE THIS IS DEALING WITH SPECIFIC
AMENDMENTS BEFORE THIS COMMITTEE:
S. 3560, THE SOLID WASTE UTILIZATION ACT OF 1974;
S. 3549, THE ENRGY RECOVERY AND RESOURCE CONSERVATION ACT OF 1974;
S. 3277, THE ENERGY AND RESOURCE RECOVERY ACT OF 1974; AND S. 1086,
THE HAZARDOUS WASTE MANAGEMENT ACT OF 1973.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 002 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106702
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
IN ADDITION TO THESE FOUR BILLS, THE COMMERCE COMMITTEE HAS BEEN
CONSIDERING A SOLID WASTE RESOURCE CONSERVATION AND ENERGY RECOVERY ACT
S. 2753, WHICH IS NOW BEFORE THIS SOBCOMMITTEE AS S. 3723.
THA NATIONAL ASSOCIATION OF COUNTIES ENVIRONMENT AND ENERGY STEERING
COMMITTEE ADOPTED A RESOLUTION EARLIER THIS MONTH SUPPORTING THIS BILL.
THERE ARE A NUMBER OF PROVISIONS IN S. 3723 WHICH DO NOT APPEAR IN ANY
OF THE FOUR BILLS BEFORE THIS COMMITTEE TODAY, BUT WHICH ARE STRONGLY
ENDORSED BY COUNTY GOVERNMENTS.
THESE INCLUDE A CHANGE IN THE TRANSPORTATION RATES REGULATED BY THE
INTERSTATE COMMERCE COMMISSION (ICC) AND THE FEDERAL MARITIME COMMISSION
(FMC) WITH RESPECT TO RECOVERED MATERIALS; AND THE AUTHORITY FOR THE
ENVIRONMENTAL PROTECTION AGENCY TO SET STANDARDS FOR PRODUCTS IN
COMMERCE WHOSE DISPOSAL PRSENTS A PROBLEM TO HUMAN HEALTH AND THE
ENVIRONMENT.
WE HOPE THAT THESE AREAS WILL ULTIMATELY BE INCORPORATEINTO ONE
COMPREHENSIVE SOLID WASTE MANAGMENT BILL ENDORSED BY BOTH THE COMMERCE
AND PUBLIC WORKS COMMITTEES.
EACH OF THE BILLS BEFORE US TODAY ADDRESSES ONE OR MORE PARTS OF THE
MEASURE OUTLINED IN THE AMERICAN COUNTY PLATFORM, THE OFFICIAL POLICY
STATEMENT OF THE NATIONAL ASSOCIATION OF COUNTIES. A COPY OF THE
PLATFORM POSITION IS ATTCHED TO MY STATEMENT. WHILE EACH OF THE BILLS
SEEKS TO FIND A SOLUTION TO THE SOLID WASTE PROBLEM, THE APPROACHES VARY
CONSIDERABLY.
HAZARDOUS WASTE
NAC SUPPORTS THE ADMINISTRATION'S EFFORTS IN S. 1086 TO ADDRESS
SPECIFICALLY THE PROBLEM OF HAZARDOUS WASTE. WE FEEL THAT THE FEDERAL
GOVERNMENT MUST TAKE A LEADING ROLE IN SETTING STANDARDS FOR THE
TREATMENT AND DISPOSAL OF HAZARDOUS WASTE. HOWEVER, THESE FEDERAL
REGULATIONS SHOULD MERELY SERVE AS MINIMUM STANDARDS AND SHOULD NOT
PREVENT ANY STATE, OR LOCALITY FROM IMPOSING MORE STRINGENT REQUIREMENTS
THAN THOSE IMPOSED BY THE FEDERAL GOVERNEMNET.
SENATOR RANDOLPH. YOU MEAN WITH FEDERAL FUNDS OR YOUR OWN FUNDS?
MR. TABOR. WITH OUR OWN FUNDS AND WITH OUR OWN LEGISLATION IF WE
WANT TO GO FURTHER THAN WHATEVER THE FEDERAL LAW WOULD BE REQUIRING,
SUCH AS IN THE CASE OF AIR AND WATER POLLUTION.
OTHERWASTES -- PRODUCT STANDARDS
WE FEEL THAT THE ADMINISTRATION'S BILL HAS TOO NARROWLY CONFINED ITS
PROGRAM TO HAZARDOUS WASTES, AS THERE ARE OTHER WASTES THAT
SIGNIFICANTLY CONTRIBUTE TO THE SOLID WASTE PROBLEM.
FEDERAL STANDARDS ARE ALSO NEEDED FOR NONHAZARDOUS WASTES, AS WELL AS
STANDARDS FOR THEMANUFACTURE AND DISTRIBUTION OF CERTAIN PRODUCTS WHOSE
DISPOSAL PRESENTS A RISK TO HUMAN HEALTH AND THE ENVIRONMENT.
SECTION 7 OF S. 3723 -- THE COMMERCE BILL -- AND TO A LIMITED DEGREE,
SECTION 111 OF S. 3549 ADDRESS THIS NEED FOR SOURCE REDUCTION BY SETTING
STANDARDS FOR PRODUCTS.
NAC URGES THE SENATE TO ADOPT SOME FORM OF FEDERAL PRODUCT STANDARD
CONTROL WITH FIRM PACKAGING GUIDELINES AND A TIMETABLE BY WHICH THESE
STANDARDS MUST BE MET.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 003 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106703
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
NAC IS ESPECIALLY CONCERNED WITH THE APPROACH THAT THE BILL S. 3560
TAKES IN ESTABLISHING A SOLID WASTE MANAGEMENT PROGRAM. SECTION 215 OF
THIS BILL OUTLINES A REGIONAL SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY PLANNING SYSTEM THATIS MODELED AFTER SECTION 208 OF THE 1972
FEDERAL WATER POLLUTION CONTROL ACT.
WE FEEL THAT IT IS INAPPROPRIATE TO ADOPT A PROGRAM IN NEW LEGISATION
BASED UPON A SYSTEM WHICH HAS NOT BEEN IMPLEMENTED LONG ENOUGH FOR ITS
EFFECTIVENESS TO BE MEASURED.
SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL ACT HAS PROVED TO
BE A VERY COMPLICATED AND TIME CONSUMING PROCEDURE. TO BEGIN WITH,
THERE HAS NEVER BEEN ANY CONSENSUS ON WHAT DEFINES AN URBAN INDUSTRIAL
AREA.
IN ADDITION, THE PROCESS OF DESIGNATING A PLANNING AGENCY HAS BEEN
TOO POLITICALLY INEXPEDIENT FOR GOVERNORS, AND ONLY A LIMITED NUMBER
HAVE CHOSEN TO UTILIZE THE PROGRAM.
CONFLICT HAS OCCURED AMONG LOCALITIES WHILE WAITING FOR DESIGNATION.
MANY AREAS HAVE SLOWED UP THEIR POLLUTION CONTROL EFFORTS FOR FEAR THAT
THEIR WORK WILL BE INCONSISTENT WITH THE 208 DESIGNATED AREAS AND THE
PLANS THAT THESE AGENCIES WILL ULTIMATELY DESIGN.
TO DATE, NEARLY 2 YEARS AFTER THE WATER POLLUTION LEGISLATION WAS
ENACTED, ONLY 14 SECTION 208 DESIGNATIONS AHVE BEEN APPROVED, AND ONLY
11 SECTION 208 GRANTS HAVE BEEN AWARDED. IN TOTAL, ONLY 15 STATES HAVE
INDICATED ANY PLANS TO DESIGNATE.
SINCE THE FIRST OF THESE 11 SECTION208 GRANTS WAS JUST AWARDED ON MAY
10, 1974, W E VIRTUALLY HAVE NO EXPERIENCE OF HOW THIS PROVISION WILL
WORK. WE BELIEV IT WOULD BE ILL-ADVISED TO MODEL NEW LEGISLATION AFTER
THE 1972 FEDERAL WATER POLLUTION CONTROL ACT.
A RECENT SURVEY BY THE ADVISORY COMMISSION ON INTERGOVERNMENTAL
RELATIONS -- ACIR -- NOTD THAT THERE ARE CURRENTLY IN EXISTENCE, 600
COUNCILS OF GOVERNMENTS AND REGIONAL PLANNING COMMISSIONS; 450
CLEARINGHOUSES TO HANDLE THE OMBA -- 95 REVIEW AND COMMENT PROCEDURE
MORE THAN 500 SUB-STATE DISTRICTS FOR LAW ENFORCEMENT, HEALTH,
TRANSPORTATION, MANPOWER PLANNING, ECONOMIC DEVELOPMENT, AIR AND WATER
QUALITY CONTROL AND OTHER FEDERALLY SUPPORTED UNDERTAKINGS.
AND OUR PROBLEMS ARE STILL UNSOLVED. IT SEEMS THAT WE ARE SPENDING
MORE OF OUR EFFORTS REORGANIZING RATHER THAN SOLVING OUR ACTUAL
PROBLEMS..
WE AS ELECTED REPRESENTATIVES OF LOCAL GOVERNMENTS, FEEL IT IS TIME
TO STRENGTHEN THE CAPACITIES OF OUR URBAN COUNTIES -- 652 OVER 50,000
POPULATION -- LARGER MUNICIPALITIES -- OVER 50,000 POPULATION -- AND 50
STATES TO MEET THE EVER-PRESSING PROBLEMS OF OUR COUNTRY.
WE FEEL THAT LOOKING AT THE NUMBER OF LARGE COUNTIES, LARGE CITIES
AND THE STATES, IF THAT IS A MANAGEABLE NUMBER OF STATE AND LOCAL
GOVERNMENTS WHICH THE FEDERAL AGENCIES COULD BE WORKING WIHT. WE
PARTICULARLY BELIEVE THAT YOU SHOULD LOOK CLOSER AT THE AREAWIDE
JURISDICTION OF COUNTIES.
DR. CARL STENBERG, SENIOR ANALYST OF ACIR, HAS NOTED THAT:
WHEN WE TALK ABOUT THE NEED FOR AREA-WIDE GOVERNMENT, WE TOO OFTEN
OVERLOOK THE FACT THAT IN ALMOST 100 PLACES, COUNTY BOUNDARIES ARE
CONTERMINOUS WITH THOSE OF THE STANDARD METROPOLITAN STATISTICAL AREA
(SMSAS) AND THAT ABOUT 170 SMSAS ARE COMPOSED PREDOMINANTLY OF ONE
COUNTY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 004 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106704
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
NAC DOESN'T WISH TO IMPLY THAT WE ARE AGAINST REGIONALISM,
SPECIFICALLY REGIONAL COOPERATION IN THE FIELD OF SOLID WASTE
MANAGEMENT.
ON THE CONTRARY, WE BELIEVE THAT A REGIONAL APPROACH OFTEN OFFERS
MANY ADVANTAGES OVER SMALL SCALE OPERATION BY PROVIDING MORE
CONCENTRATED FINANCIAL EXPERTISE, MANAGERIAL TALENT AND FACILITIES TO
COPE WITH SOLID WASTES. HOWEVER, WE FEEL THAT LOCALITIES SHOULD BE FREE
TO ENTER INTO REGIONAL AGREEMENTS, AT THEIR DISCRETION.
FOR MANY COUNTIES, THE COUNTYWIDE SOLID WASTE PLAN IS THE MOST
EFFICIENT REGION OF MANAGEMENT. WE AT THE COUNTY LEVEL LIKE THE
REGIONAL APPROACH, BUT WE WANT TO SAFEGUARD THE RIGHTS OF LOCAL ELECTED
OFFICIALS.
WE WANT TO MAKE CERTAIN THAT THESE REGIONAL BODIES ARE COMPRISED OF
AT LEAST A MAJROITY OF LOCAL ELECTED OFFICIALS WHO ARE CLEARLY
ACCOUNTABLE TO THE RESIDENTS OF AN AREA.
WE THEREFORE SUPPORT SECTION 106 OF S. 3549 WHICH PROVIDES FINANCIAL
INCENTIVES FOR REGIONAL PLANNING AND PROGRAMS. THIS APPROACH RECOGNIZES
THE NEED FOR REGIONAL PLANNING BUT ENSURES THE RIGHT OF LOCAL OFFICIALS
TOMAKE THE DECISION TO ENTER INTO REGIONAL CONTRACTS.
STATE ROLE
NAC SUPPORTS S. 3277 AND S. 3549 IN PROVIDING GRANTS TO STATES AND
LOCALITIES FOR THE PLANNING AND DEVELOPMENT OF A COMPREHENSIVE SOLID
WASTE MANAGEMENT AND RECOVERY PROGRAM. WE WERE PARTICULARLY PLEASED
WITH SECTION 106 OF S. 3549 WHICH PROVIDES THAT AFTER 1977, STATES MUST
ESTABLISH A SINGLE STATEWIDE SOLID WASTE AGENCY, AND DEVELOP A STATEWIDE
SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN IN ORDER TO BE
ELIGIBLE FOR GRANTS.
THESE PLANS MUST MEET SPECIFIC REQUIREMENTS THAT NAC FEELS ARE
ESSENTIAL FOR A COMPREHENSIVE SOLID WASTE MANAGEMENT SYSTEM. WE ARE
PLEASED THAT STATES MUST ASSIGN THE PRIMARY RESPONSIBILITY FOR PLAN
DEVELOPMENT AND IMPLEMENTATION TO GENERAL PURPOSE UNITS OF GOVERNMENT.
WE WERE CONCERNED WITH ONE PROVISION OF SECTION 106 SUBSECTION F --
WHICH PROVIDES THAT IF A STATE DOES NOT SUBMIT A PLAN, AREAWIDE SOLID
WASTE PLANS MAY BE RECEIVED WITH A SINGLE AGENCY DESIGNATED AS THE SOLD
AGENCY FOR CARRYING OUT THIS PLAN.
ONCE AGAIN, WE WOULD URGE THAT THESE AGENCIES BE A SINGLE COUNTY
MULTIJURISDICTIONAL AGENCY OR AN AGENCY WHOSE BOARDS ARE COMPOSED OF AT
LEAST A MAJORITY OF LOCALLY ELECTED OFFICIALS. WE ARE SUBMITTING WITH
THIS STATEMENT SOME CHANGES IN THE WORDING OF THIS SECTION SO IT IS MORE
COMPATIBLE WITH NAC'S POLICY BELIEFS.
WE RECOMMEND THAT THE DEFINITION OF MUNICIPALITY IN SECTION 103 OF S.
3549 BE CHANGED TO EXCLUDE THE PHRASE, "OTHER PUBLIC BODY CREATED BY OR
PURSUANT TO STATE LAW WITH RESPONSIBILITY FOR THE PLANNING OR
ADMINISTRATION OF SOLID WASTE DISPOSAL."
THIS CHANGE IN THE WORDING IS CRITICAL FOR AS IT NOW STANDS, THE
STATE COULD CREATE SINGLE PURPOSE SPECIAL DISTRICTS FOR THE PURPOSE OF
SOLID WASTE MANAGEMENT. THE CREATION OF SINGLE PURPOSE SPECIAL
DISTRICTS DEFEATS THE WHOLE IDEA OF A COMPREHENSIVE APPROACH TO SOLID
WASTE MANAGEMENT.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 005 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106705
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
WE FEEL GENERAL PURPOSE GOVERNMENTS SHOULD PROVIDE SOLID WASTE
MANAGEMENT SO THAT THESE PROGRAMS ARECOORDINATED WITH OTHER
ENVIRONMENTAL AND RELATED PROGRAMS.
DEMONSTRATION AND LOANS
NAC SUPPORTS THE AUTHORIZATION OF FUNDS FOR DEMONSTRATION PROJECTS IN
THE FIELD OF SOLID WASTE. DEMONSTRATION PROJECTS ENCOURAGE
EXPERIMENTATION AND INNOVATIVE TECHNIQUES TO SOLID WASTE MANAGEMENT
SYSTEMS.
BOTH S. 3560 AND S. 3549 AUTHORIZE FUNDS FOR DEMONSTRATION OF
RESOURCE RECOVERY FACILITIES AND SYSTEMS.
THE COMMERCE BILL, S. 3723, WOULD GIVE FINANCIAL ASSISTANCE FOR
DEMONSTRATION PROJECTS DESIGNED TO RECOVER ENERGY FROM URBAN-INDUSTRIAL
WASTES.
NAC RECOMMENDS THAT NEW LEGISLATION INCLUDE AUTHORIZATION OF FUNDS
FOR DEMONSTRATION PROJECTS. WE OBJECT, HOWEVER, THAT IN S. 3549, AFTER
JULY 1, 1976, DEMONSTRATION GRANTS TO LOCALITIES ARE CONTINGENT UPON THE
SUBMISSION OF STATEWIDE PLANS BY 1976. IT SEEMS UNFAIR TO PENALIZE LOCAL
GOVERNMENTS FOR THE LACK OF ACTION BY STATES.
WHILE NAC CONCEPTTUALLY SUPPORTS LOANS FOR SOLID WASTE, WE OBJECT TO
STRONG EMPHASIS ON A LOAN PROGRAM. LONG-TERM COMMITMENTS ARE
ADMINISTRATIVELY EXPENSIVE AND MAY PRECLUDE LATER ALTERNATIVE FUND ING
MODES. WE CANNOT SUPPORT AN AUTHORIZATION FOR LOANS FOR ANY PROJECT FOR
WHICH THERE IS ALSO AN AUTHORIZATION OF GRANTS.
PAST EXPERIENCE INDICATES THAT THE ADMINISTRATION WILL HONOR ONLY THE
LOAN PROVISION.
FUNDING
NAC URGES MAXIMUM FUNDING FOR SOLID WASTE PLANNING AND RESOURCE
RECOVERY SYSTEMS. WE IN COUNTY GOVERNMENT HAVE BEEN DISCOURAGED BY THE
LOW LEVEL OF THE ADMINISTRATION'S FUNDING FOR SOLID WASTE PROGRAM IN
FISCAL YEAR 1974 AND THE BUDGET REQUEST FOR FISCAL YEAR 1975.
THEREFORE, WE WOULD URGE THE AUTHORIZING OF $1.5 BILLION OVER A
3-YEAR PERIOD THAT IS AUTHORIZED IN THE BILL S. 3723 -- THE COMMERCE
BILL.
PROCUREMENT POLICIES
WE URGE THE SENATE, IN ADOPTION OF A BILL, TO INCLUDE A PROVISION
REQUIRING THE FEDERAL, STATE, AND LOCAL GOVERNMENTS TO A GOOD EXAMPLE
WITH RESPECT TO RESOURCE CONSERVATION BY PURCHASHING AND GIVING EQUAL
TREATMENT TO RECYCLED MATERIALS.
ALL THREE BILLS, S. 3277, S. 3560, AND S. 3549, INCLUDE PROCUREMENT
PROVISIONS BUT LIMIT THEM TO FEDERAL AGENCIES. WE WOULD URGE THAT THIS
REQUIREMENT BE MADE MANDATORY FOR STATE AND LOCAL GOVERNMENT AS WELL AS
FEDERAL AGENCIES.
THIS PROVISION IS PROVIDED IN THE COMMERCE BILL S. 3723 AND
ENCOURAGES GOVERNMENT TO PURCHASE RECYCLED PRODUCTS WHEN THEY ARE
AVAILABLE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 006 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106706
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
TECHNICAL ASSISTANCE
A VITAL PART OF A COMPREHENSIVE NATIONAL SOLID WASTE PROGRAM IS THE
PROVISION OF TECNICAL ASSISTANCE BY EPA TO STATES AND LOCALITIES. WE
ARE ESPECIALLY PLEASED WITH THE TECHNICAL ASSISTANCE PROVISION IN
SECTION 214 OF THE BILL S. 3560.
IN ADDITION, WE SUPPORT THE STIPULATION IN S. 3549 THAT STATES MUST
INCLUDE A PROGRAM OF TECHNICAL ASSISTANCE FOR SMALL AND MEDIUM SIZED
COMMUNITIES IN THEIR STATEWIDE SOLID WASTE PLAN.
THESE SMALL AND MEDIUM SIZE COMMUNITIES ARE IN SPECIAL NEED OF
FEDERAL ASSISTANCE TO CLIMINATE THEIR OPEN DUMPS AND REPLACE THEM WITH
SANITARY LANDFILLS AND OTHER FORMS OF IMPROVED DISPOSAL TECHNIQUES.
WE URGE THAT ONCE SOLID WASTE LEGISLATION IS ENACTED, THAT CONGRESS
MOVE QUICLY INTO OVERSIGHT HEARINGS TO GUARD THIS SOLID WASTE PROGRAM
FROM THE SAME IMPLEMENTATION PROBLEMS THAT PLAGUED THE 1972 FEDERAL
WATER POLLUTION CONTROL ACT.
MRS. GARROTT ASKED IF I WOULD SUBMIT FOR YOUR REVIEW A DOCUMENT THAT
HAS BEEN ADOPTED BY MONTGOMERY COUNTY, MD. IT IS A 10-YEAR SOLID WASTE
PLAN, A COMPREHENSIVE PLAN. IT IS FOR PROCESSING SOLID WASTE AND
CONVERTING IT INTO ENERGY USES.
WE THINK THAT THIS PARTICULARLY IS GOOD BECAUSE I THINK IT IS
REPRESETNATIVE OF A LOT OF COUNTIES THROUGHOUT THE COUNTRY THAT HAVE
ADOPTED COMREHENSIVE SOLID WASTE SYSTEMS. SO WE WOULD LIKE SUBMIT THAT
FOR YOUR COMMITTEE.
SENATOR RANDOLPH. MR. TABOR, THAT WILL BE INCLUDED.
(SEE P. 270.)
MR. TABOR. MR. CHAIRMAN, WE THANK YOU VERY MUCH FOR THIS OPPORTUNITY
TO TESTIFY AND APPEAR BEFORE YOU TODAY. IF THERE ARE ANY QUESTIONS YOU
WOULD LIKE US TO ANSWER, WE WOULD BE HAPPY TO DO SO.
SENATOR RANDOLPH. MR. TABOR, IN OUR SOLID WASTE DISPOSAL ACT OF
1965, AS YOU KNOW, WE MADE GRANTS AVAILABLE TO STATES AND LOCALITIES FOR
THE PLANNING AND DEVELOPMENT OF COMPREHENSIVE SOLID WASTE MANAGEMENT AND
RECOVERY PROGRAM.
YOU SUPPORT THE PROVISIONS OF S. 3589, WHICH PROVIDE THAT AFTER 1977,
STATES MUST ESTABLISH A SINGLE STATEWIDE SOLID WASTE AGENCY AND DEVELOP
A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN.
HOW DO YOU PROPOSE THATTHAT GOAL CAN BE ACHIEVED? MR. TABOR. AS WE
SEE IN THE BILL HERE, THERE WILL BE FUNDS PROVIDED TO HELP STATES SET UP
THIS AGENCY AND GET THEIR PLANNING DONE.
I THINK THE PLANNING IS PROBABLY MORE IMPORTANT. BUT SOME FEDERAL
ASSISTANCE SHOULD BE PROVIDED AND AFTER THAT THIS WOULD BE A CONDITION
OF RECEIVING ANY FURTHTER FEDERAL GRANTS WITHIN THE WHOLE STATE.
SENATOR RANDOLPH. FOR ABOUT 9 YEARS WE HAVE BEEN ENCOURAGING THAT
PLAN, AS YOIU KNOW. WE ARE STILL ENCOURAGING IT.
MR. TABOR. THE STATES HAVEN'T HAD VERY MUCH OF A CARROT, MR.
CHAIRMAN, OUT IN FRONT OF THEM AS FAR AS ANY FEDERAL ASSISTANCE GOES.
THE LEGISLATION THAT IS BEFORE THE SUBCOMMITTEE CERTAINLY IS PROVIDING A
LOT MORE FINANCIAL INDUCEMENT THAN- WE HAVE EVER TALKED ABOUT BEFORE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 007 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106707
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR RANDOLPH. YOU ARE REALLY SAYING THA T THE FEDERAL GOVERNMENT
ONCE AGAIN HAS TO PUT UP THE MONEY. IS THAT RIGHT?
MR. TABOR. I THINK IN THE CASE OF SOME OF THE STATES, MR. CHAIRMAN,
THIS IS PROBABLY NECESSARY TO GET THEM TO MOVE.
IT IS NOT JUST A QUESTION OF WHAT WE CAN DO AT THE LOCAL LEVEL. IN
MANY CASES WE HAVE NO CHOICE ANYWAY. WE HAVE HEALTH COURT MANDATES THAT
WE HAVE TO BE MEETING. WE HAVE OTHER REQUIREMENTS THAT ARE FORCING US
TO ACT. WE DO HAVE A LOT OF COUNTIES AND CITIES THAT HAVE DEVELOPED
COMPREHENSIVE PROGRAMS AND ARE NOW CARRYING THESE PLANS OUT WITH THEIR
OWN RESOURCES.
SEANTOR RANDOLPH. WHAT WAS THE POPULATION OF MONTGOMERY COUNTY 10
YEARS AGO?
MR. TABOR. I THINK IT WAS ABOUT HALF OF WHAT IT IS NOW. IT IS ABOUT
650,000 NOW. IT WAS ABOUT 300,000 AT THAT TIME.
SENATOR RANDOLPH. HOW MANY PEOPLE DO YOU EXPECT IN THE NEXT 10
YEARS?
MR. TABOR. MR. CHAIRMAN, I THINK THEGROWTH NOW HAS SLOWED DOWN TO
WHERE IT IS ABOUT 20,000 INCREASEPER YEAR, WHERE BEFORE IT HAD BEEN
CONSIDERABLY MORE THAN THAT.
I BELIEVE THAT THEY DON'T FEEL THAT THE RATE OF INCREASE IS GOING TO
BE QUITE AS LARGE IN THE FUTURE. THAT IS PARTLY DUE TO STATE
REQUIREMENTS AND SOME OF THE COURT DECISIONS ABOUT WATER POLLUTION
FACILITIES TREATMENT FACILITIES AND THEN ALSO SOME FO THE DELIBERATE
POLICIES OF THE COUNTY GOVERNMENT IN CONTROLLING GROWTH.
SENATOR RANDOLPH. THESE TWO COUNTIES, MONTGOMERY AND PRINCE GEORGES
THAT ARE ADJACENT TO THE DISTRICT OF COLUMBIA, YOU HAVE GIVEN USDE SORY
ON ONE OF WHICH YOU AREFAMILIAR. DO YOU HAVE COMMENT ON PRINCE GEORGES?
MR. TABOR. I AM NOT FAMILIAR WITH THEIR PROGRAM. I WOULD BE GLAD TO
SUPPLY IT FOR THE RECORD.
SENATOR RANDOLPH. IF YOU WOULD SUPPLY IT FOR THE RECORD I WOULD
APPRECIATE IT.
(SEE P. 328.)
YOU INDICATD THAT A VITAL PART OF THE COMPREHENSIVE NATIONAL SOLID
WASTE PROGRAM IS THE PROVISION FOR TECNICAL ASSISTANCE BY EPA TO THESE
STATES AND LOCALITIES.
WHAT IMPROVEMENTS IN THE EPA TECHNICAL ASSISTANCE IS NEEDED NOW OR
ARE NEEDED NOW TO TAKE CARE OF THESE -- LET'S SAY SMALL OR MEDIUM SIZED
COMMUNITIES?
MR. TABOR. I THINK FIRST OF ALL, MR. CHAIRMAN, THEY DO NEED MORE
STAFF WITHIN EPA FOR THIS PARTICULAR FUNCTION. I DON'T KNOW THE EXACT
NUMBER, BUT THE STAFF IS QUITE SMALL. I THINK, SECOND, SOMEHOW OR
ANOTHER, THEY HAVE TO PUT AN EMPHASIS OR A PRIORITY ON TECHNICAL
ASSISTANCE AND LESS IN PROCESSING PAPERWORK.
YOU HAVE TOO MANY PEOPLE IN EPA THAT ARE PUSHING PAPER BACK AND FORTH
AL OF THE TIME. IF YOU COULD TAKE ALL OF THOSE BUREAUCRATS AND GET THEM
OUT THERE TO HELP COUNTIES AND CITIES, I THINK WE WOULD GET MORE FRM
THEM. THAT REALLY, I THINK, IS ESSENTIAL HERE. WE HAVE GOT TO BE DOING
BOTH. YOU COULD ADD A LOT MORE STAFF AND JUST PUSH MORE THAN PAPER AND
NOT GET MORE TECHNICAL ASSISTANCE.
SENATOR RANDOLPH. MR. TABOR, YOUR CONCERN WITH THE APPROACH
TAKEN IN S. 3560 IN CONNECTION WITH THE ESTABLISHMENT OF REGIONAL
SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY, PLANNING SYSTEMS
THAT WOULD BEMODELED AFTER SECTION 208 OF OUR 1972 FEDERAL WATER
POLLUTION CONTRL LAW.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 008 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106708
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
QUOTING YOU, YOU SAY:
IT IS INAPPROPRIATE TO ADOPT A PROGRAM IN AND NEW LEGISLATION
BASEDUPON A SYSTEM WHICH HAS NOT BEEN IMPLEMENTED LONG ENOUGH FOR ITS
EFFECTIVENESS TO BE MEASURED.
I NOTE, MR. TABOR, THAT YOU SUGGEST THAT LOCALITIES SHOULD BE FREE TO
ENTER INTO REGIONAL AGREEMENTS. I THINK IT IS IMPORTANT THAT I POINT
OUT THAT SIMPLY PROVIDING GRANTS FOR REGIONAL PLANNING CERTAINLY DOESN'T
INSURE IMPLEMENTATION.
HOW DO WE ASSURE SUCCESSIN THE PROGRAM WHERE WE WILL SAY NOW VERY
LITTLE IS VISIBLE?
MR. TOABOR. I THINK, MR. CHAIRMAN, IF THIS SECTION 208 APPROACH IS
TAKEN, THAT WE HAVE TO HAVE SOME PROVISION IN THE LEGISLATION TO GIVE
THE GOVERNOR A SPECIFIED PERIOD OF TIME, SUCH AS 30 DAYS, IN WHICH HE
WOULD HAVE TO SAY THAT HE IS NOT DESIGNATING THE AGENCY THERE.
IF THE GOVERNOR PLANNED TO MAKE A DESIGNATION AND HE NEEDED MORE
TIME, FINE. THERE IS AN ATTEMPT THERE. BUT THE PROBLEM THAT WE HAVE
HAD IS NO ACTION AT ALL. THE GOVERNOR IS REMAINING SOLENT IN WHAT HE IS
GOING TO DO AND HE HASN'T DESIGNATED AN AGENCY.
SENATOR RANDOLPH. YOU MEAN THE GOVERNOR OF MARYLAND?
MR. TABOR. THERE HAS BEEN SOME PROBLEM THERE. I,REPRESENTING A
NATIONAL ORGANIZATION, WOULD RATHER LET SOMEONE FROM MARYLAND ANSWER
THAT QUESTION. IF MRS. GARROTT WERE HERE SHE WOULD HAVE ANSWERED THAT
QUITE SPECIFICALLY.
IF YOU WOULD LIKE, I WOULD BEHAPPY TO HAVE HER ANSER THAT IN REGARD
TO THE STATE OF MARYLAND.
BUT THE OTHER POINT HERE IS THAT IF THE GOVERNOR IS NOT DESIGNATING,
WE SHOULD HAVESOME RECOURSE AT THE LOCAL LEVEL TO GO AHEAD OR AT
LEASTHAVE SOME KIND OF APPEAL TO THE ADMINISTRATOR OF EPA. WE FEEL THAT
THAT WOULD HELP.
I THINK THERE IS ANOTHER IMPORTANT POINT HERE. IF YOU WERE GOING TO
GO AHEAD WITH THIS, YOU SHOULD HAVE THESE OVERSIGHT HEARINGS RIGHT AWAY
AND FIND OUT WHAT IS HAPPENINNG AND WHICH DESIGNATIONS AREN'T BEING
MADE.
SENATOR RANDOLPH. MR. TABOR, I WILL ASK YOU A VERY POINTED QUESTION
BECAUSE I THINK IT IS NECESSARY FOR WITNESSES LIKE YOURSELF TO BE ON THE
RECORD.
DO YOU BELIEVE THAT HAZARDOUS WASTES ARE A SUFFICIENT THREAT TO
PUBLIC HEALTH AND THE ENVIRONMENT AS TO ENCESSITATE THE FEDERAL
GOVERNMENT MOVING INTO A LEADING ROLE AND SETTING STANDARDS FOR THEIR
TREATMENT AND FOR THEIR DISPOSAL?
MR. TABOR. YES, MR. CHAIRMAN, WE DO. I THINK THE MAJOR REASON FOR
IT IS THAT SO MANY OF THESE WASTES WE ARE TAKING ABOUT UP CROSSING STATE
LINES. IF YOU ARE TRYING TO REGULATE THIS YOU CAN'T REALLY HAVE 50 SETS
OF REGULATIONS.
WHAT IS NEEDED HERE IS ONE NATIONAL ONE. YOU HAVE A BETTER CHANGE OF
CONTORL AND CERTAINLY IN THEEND, IT WOULD SAVE MANUFACTURERS AND
CONSUMERS MONEY.
SENATOR RANDOLPH. SEANTOR BIDEN, DO YOU WISH TO QUESTION THE
WITNESS?
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 009 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106709
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR BIDEN. YES, I WOULD LIKE TO, MR. CHAIRMAN, I WILL BE VERY
BRIEF.
YOU TOUCHED ON THE ONE AREA THATIMPRESSED MEMOST IN THE STATMENT,
BOTH POSITIVELY AND NEGATIVELY AND THAT IS MIDWAY THORUGH YOURSTATEMENT.
IT SORT OF REMINDED ME OF A MEETING WHEN WE TALKED ABOUT
JURISDICTIONAL BOUNDARIES OF COMMITTEES. EVERY TIME WE START TALKING
ABOUT JURISDICTION OF COMMITTEES, MR.CHAIRMAN, YOU KNOW EVERYONE GETS
VERY CONCERNED ABOUT THAT.
I AM HAVEING A LITTLE BIT OF TROUBLE UNDERSTANDING THE PAROCHIAL
ATTITUDE THAT THE STATEMENT TAKES, IN MY OPINION, OF WORRYING ABOUT THE
COUNTIES AS ENTITIES AND THERE PRESERVING THEIR ROLES WHICH I FOUND IN
YOUR STATEMENT AND MAYBE THERE IS A GOOD DEAL MORE FOR IT, BUT I
FOUNDLITTLE REASON FOR SUCH EMPHASIS.
IN THE STAETMENT, YOU SAY "HOWEVER, WE FEEL THAT LOCALITIES SHOULD BE
FREE TO ENTER INTO REGIONAL AGREEMENTS AT THEIR DISCRETION." I ASSUME
THE EMPHASIS IS ON "AT THEIR DISCRETION."
I WOULD LIKE TO KNOW WHY THAT IS IMPORTANT. I ASSUME THAT THE REASON
WHY IT IS IMPORTANT IS WHEREOU SAY"WE FEEL GENERAL PURPOSE GOVERNMENT
SHOULD PROVIDE SOLID WASTING MANAGEMENT SO THAT THESE PROGRAM SARE
COORDINATED WITH OTHER ENVIRONMENTAL AND RELATED PROGRAM."
IS THAT THE BASIS FOR YOUR BEING SO PARAOCHIAL?
MR. TABOR. SENATOR, WITH YOUR EXPERIENCE BEING A FORMER COUNCIL
MEMBER OF NEW CASTLE COUNTY, DEL., I THINK YOU COULD APPRECIATE THAT YOU
DONTWANT THE GOVERNOR OR SOMEONE ELSE TO MAKE A DECISION WITHOUT TAKING
YOUR VIEWS INTO CONSIDERATION. I THINK THAT IS ONE POINT.
I THINK THE OTHER POINT IS THAT ON REGIONAL BODIES MANY TIMES IT IS
NOT JUST LOCAL ELECTED OFFICIALS THAT ARE SERVING. THERE MAY BE
OFFICIALS APPOINTED BY THE GOVERNOR AND IN SOME CASES OFFICIALS
APPOINTED BY THE COUNTY EXECUTIVE. THESE APPOINTMENTS COULD BE PRIVATE
CITIZENS, SAY, FROM THE DUPONT CORP., WHICH YOU MIGHT NOT FEEL ARE
PARTICULARLY APPROPRIATE TO BE ON THAT PARTICULAR COMMISSION. THER
COULD BE A LOT OF REASONS WHY YOU AS A LOCALLY ELECTED OFFICIAL MIGHT
FEEL YOU SHOULD HAVETHE SAY TO HOW HIS ISDONE.
I THINK THE OTHER POINT ABOUT COUNTY-WIDE, FOR EXAMPLE, TAKE NEW
CASTLE COUNTY IF WE ARE TALKING ABOUT SOLID WASTE, IS THAT A VERY STRONG
ARGUMENT COULD BE MADE FOR AN AREAWIDE SOLID WASTE PROGRAM IF YOU STUCK
TO THAT COUNTY.
WHY DO YOU HAVE TO CROSS OVER INTO OTHER JURISDICTIONS -- IN ANOTHER
STATE IN THIS CASE -- WHICH MIGHT BE NECESSARY FOR WATER POLLUTION? IT
MIGHT BE NECESSARY FOR AIR POLLUTION. BUT IN THIS CASE HERE IT MIGHT
ONLY BE NECESSARY FOR THE CITY OF WILMINGTON AND THE NEW CASTLE COUNTY
TO REACH AN AGREEMENT, ESTABLISH A BODY AND MAYBE SET UP AN OUTSIDE
CORPORATION TO HANDLE THE WHOLE THING FOR THEM SUCH AS DISPOSAL.
THATMAYBE IS THE ONLY PROBLEM YOU HAVE THERE.
THOSE KINDS OF CONTRATUAL AGREEMENTS COULD BE WORKED OUT BY THE
LOCALLY ELECTED OFFICIALS AND YET THEINTEREST OF WILMINGTON, THE
INTEREST OF NEW CASTLE COUNTY WOULD BE PRESERVED AS YOU JUDGE IT AS A
LOCALLY ELECTED OFFICIAL.
SENATOR BIDEN. MY CONCERN HAVING BEEN A LOCALLY ELECTD OFFICIAL, AND
YOU SEEM FAIRLY WE AWARE OF MY COUNTY AND MY FORMER FUNCTION, IS THAT WE
BECOME VERY JEALOUS OF OUR JURISIDCTION FOR LITTLE ORNO REASON OTHER
THAN WANTING THE POWER TO MAKE THE DECISION AND HAVING LITTLE BEARING ON
THE PROBLEM AND THE RATIONALE FOR THE SOLUTION.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 010 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106710
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
I FIND THAT ESPECIALLY DOWN HERE, I FIND THAT WHEN ASKING A MEMBER OF
THE DEPARTMENT OF INTERIOR ON DEEPWATER PORTS WHY THEY WERE SO CONCERNED
ABOUT MAINTAINING JURISIDCTION, FINNALY THE CANDID ANSWER I GOT WAS,
"WELL, YOU ARE TALKING SO MUCH JURISIDCTION FROM US WE ARE GOING TO
FIGHT THE WHOLE THING."
I SAID, "WHY?" THEY SAID, "WE DIDN'T WANT TO BE TAKEN ADVANTAGE OF."
THAT IS THE WAY I FIND OFFICIALS TO BE.
I FURTHER FIND THAT LOCAL OFFICIALS, MYSELF INCLUDED, REALLY DIDN'T
KNOW A LOT ABOUT THE PROBLEM. SO I PREFER THAT REGIONAL APPRAOCH. I
THINK, FOR EXAMPLE, IT IS ABSOLUTELY ASININE FOR NEW CASTLE COUNTY TO
CONSIDER NOT GOING INTO AN ARRANGEMENT WHEREBY THE WHOLE AREA OF THE
SOLID WASTEPROBLEM IS TREATED. UNFORTUNATELY, IT IS A PROBLEM I BECAME
TOO FAMILIAR WITH.
I REALLY RESENT THE FACT THAT I HAD TO BECOME AS KNOWLEDGEABLE AS I
AM WHICH IS STILL LIMITED IN THE AREA OF SOLID WASTE. I THINK THERE IS
NOTHING I WOULD RATHER NOT HAVE TO KNOW ABOUT. BUT THAT IS WHAT I SPEND
2 YEARS DOING.
I FIND THAT OUR COUNTY BEING PARACHIAL AGAIN WAS A LITTLE BIT MORE
ENLIGHTENED THAN MOST SURROUNDING US IN MOVING FORWARD, I MIGHT ADD I
WAS A DEMOCRAT UNDER REPUBLICANS, BUT THEY DID IT MOVING TOWARD THIS
REGIONAL APPROACH.
I FOUND THAT THE LOWE COUNTIES IN MY STATE, OTHER COUNTIES IN THE
SURROUNDING AREAS OF PENNSYLVANIA, NEW JERSEY, MARLAND, WERE EVEN MORE
PARACHIAL TO THE POINT OF FIGHTING OVER WHO WAS GOING TO HAVE THE
GARBAGE DUMP WHICH WAS ABSOLUTELY ASININE. IT COST THE TAXPAYERS MORE
MONEY. IT DOESN'T SOLVE THEPROBL EM.
BUT IT IS GOOD TO GET REELECTED AT NAC. IT IS GOOD STUFF. YOU TALK
ABOUT THE COUNTY'S RIGHTS. YOU HAVE THE CITY COME IN AND THEY TALK
ABOUT IT IS THE CITY'S RIGHT. THE BIGGEST FIGHT WE HAD, MR. CHAIRMAN,
WAS WHETHER OR NOT THE CITY OR COUNTY WAS GOING TO HAGVETHE MAN AT THE
GATE OF THE DUMP, WHOSE MAN IT WAS GOING TO BE, THE CITY'S MAN OR THE
COUNTY'S MAN. BOY, THAT WAS IT. THAT WAS A BIG DEAL. SO THAT IS WHY I
THINK THAT I FOUND NAC TO BE EXTREMELY PAROCHIAL WHILE I WAS A MEMBER OF
NAC ON ISSUES LIKE THIS ISSUE.
I DON'T MEAN TO BE OFFENSIVE, BUT I FIND THE STATEMENT A LITTLE
PAROCHIAL. WE CAN DO A BETTER JOB BECAUSE WE ARE COUNTIES AND THE
LOCALLY ELECTE D PUBLIC OFFICIALS ARE THE ONES THAT SHOULD HAVE -- WE
KEEP EMPHASIZING THEY ARE LOCALLY ELECTED. THAT IS TRUE. BUT I DON'T
SEE WHAT THAT REALLY HAS TO DO WITH HANDLING OF SOLID WASTE AND THE BEST
WAY TO HANDLE SOLID WASTE IF IT IS IN FACT A REGIONAL QUESTION.
WELL, I COULD GO ON AND DISCUSS THAT. IT IS A BROADER SUBJECT WHICH
WE PROBABLY HAVE DIFFERING VIEWS ON. I HAVECOME AWAY FROM MY EXPERIENCE
WITH A PREJUDICED POIT OF VIEW AS YOU COME HERE WITH A PREJUDICED POINT
OF VIEW AS YOU COME HERE WITH A PREJUDICED POINT. WE ALL HAVE
PREJUDICED POINTS OF VIEW.
I SHOULD ADD THAT MY EXPERIENCE IN NEW CASTLE COUNTYWS ONE THAT I
FOUND VERY REWARDING. I FOUND IT BE TO AND I WOULD BE WILLING TO SAY
THAT THE NEW CASTLE COUNTY COUNCIL IS AS ENLIGHTENED AS ANY I HAVE RUN
ACROSS. THEY HAVEBEEN IN THE FOREFRONT OF A NUMBER OF PROGRAMS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 011 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106711
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THEY HAVE BEEN ASTOUNDINLY BIPARTISAN IN THEIR APPROACH TO THE
PROBLEM. I THINK THEY HAVE DONE AN EXEMPLARY JOB.
THAT HAS BEEN RECOGNIZED IN A NUMBER OF AREAS BY NAC AND STILL IN
SPITE OF THAT I FIND IT BE SO MUCH PETTY JURISDICTIONAL SQUABBLES THAT I
SAY WE WASTE A LOT OF THE TAXPAYERS MONEY AND TIME.
THAT IS WHAT I WORRY ABOUT THIS. I CAN APPRECIATE THE FACT THATIF
YOU HAVE A GOVERNOR WHO DOESN'T OPERATE, WHO DOESN'T MOVE OR A GOVERNOR
WHO IN ORDER TO APPEASE THE LOWER COUNTIES SETS UP A REGIONAL BODY WHICH
PUTS JURISDICTION DOWN THERE THAT HAS NO RELATIONSHIP TO THE PROBLEM OR
UP THERE WITH NO RELATIONSHIP TO THE PROBLEM OR UP THERE WITH NO
RELATIONSHIP TO THE PROBLEM.
BUT I WORRY MORE ABOUT THE OTHER. IWORRY MORE ABOUT THE COUNTY
SAYING THIS IS MY LITTLE COUNTY, WE ARE GOING TO HAVE OUR OWN DUMP AND
MY MAN IS GOING TO STAND AT THE GATE OF THE CITY DUMP OR THE COUNTY
DUMP.
THAT WAS ANOTHER BIG ARGUMENT. ARE WE GOING TO CALL IT THE
COUNTY-CITY DUMP OR THE CITY-COUNTY DUMP? I SUGGESTED TO ALL OF THE
COUNCIL-MEN WHO FELT STRONGLY ABOUT IT TO DO DOWN THERE AND WORK PART
TIME.
MR. TABOR. WE OBVIOUSLY HAVE A LITTLE DIFFERENCE OF PHILOSOPHY ON
THIS POINT, SENATOR BIDEN. I WOULDLIKE TO MAKE ONE POINT AS FAR AS THE
PAROCHIALISM GOES. IT MAY APPEAR TO BE PAROCHIAL THAT WE WANT OFFICIALS
TO AHVE A SAY IN WHAT IS GOING TO BE DONE. I THINK THAT WITHIN CERTAIN
PROGRAM GOALS YOU CAN SET UP TIMETABLES AND IN A WAY YOU CAN ENFORCE
THINGS WITH A STICK AS WELL AS WITH A CARROT AND THINGS CAN GET DONE.
BUT IF IT IS GOING TO BE DONE, I THINK OIR MAIN EMPHASIS HERE, OUR
MAIN POINT IS THAT WE FEEL THAT THE LOCALLY ELECTED OFFICIALS SHOULD
HAVE THE MAJOR SAY. GIVE THEM THE OPPORTUNITY TO SET UP THIS AGENCY.
IF YOU FOLLOW THE EXAMPLE OF THE 208, IT IS REALLY LEFT UP TO THE
GOVERNOR. SO YOU ARE REALLY PUSHING IT ONE LEVEL HIGHER IN THIS CASE.
SENATOR BIDEN. I THINK YOU ARERIGHT. LOCAL OFFICIALS HAVE A STAKE.
I THINK THAT THE POINT THAT THE CHAIRMAN RAISED EARLIER WHEN YOU TALKED
ABOUT FEDERAL MONEYS, I THINK IF THEY ARE SO CONCERNED ABOUT THEIR STATE
THEY SHOLD HAVE THE GUMPTION TO STAND UP AND SAY SOME OF THE THINGS THAT
AREN'T BEING SAID. THE TAXPAYERS ARE GOING TO HAVE TO PAY THINGS THAT
AREN'T BEING SAID. THE TAXPAYERS ARE GOING TO HAVE TO PAY MORE MONEY.
YOU AT THE COUNTY LEVEL ARE HAPPY TO TAKE FEDERAL MONEY AND TALK ABOUT
FEDERAL ACCOUNTABILITY, BUT YOU ARE VERY RELUCTANT IN AN EDITORIAL SENSE
TO STAND UP AND SAY TAXPAYERS, THIS IS YOU R MONEY WE ARE SPENDING.
WHAT YOU STAND UP AND SAY, AND I HAVE HEARD IT A HUNDRED TIMES AT MY
COUNCIL MEETING AND OTHERS THAT I HAVE ATTENDED ON A REGIONAL BASIS, IS
THEY WILL SAY TO ME THIS IS NOT GOING TO COST TAXPAYERS A PENNY. THIS
IS FEDERAL MONEY. YOU HAVE HEARD THAT COMMENT.
HOW MANY OF YOU WHO WORK FOR COUNTIES HAVE HEARD THAT COMMENT? THIS
IS FEDERAL MONEY. THIS IS NOT TAX MONEY.
SO YOU SAY TO US, YOU PROVIDE THE CARROT, WE WILL EAT THE CARROT. WE
WILL GET FAT AND THEN TELL YOU YOU SPEND TOO MUCH MONEY.
WHAT I AM SAYING TO YOU IS THAT I THINK THE COUNTIES DO HAVE HAVE
OBLIGATION. I COULD THINK THE COUNTIES HAVE TO HAVE A RESPONSIBILITY
AND THEY DO HAVE TO MOVE FORWARD, BUT IN MOVING FORWARD ALSO COMES THAT
PRECARIOUS POSITION OF SAYING TO THE TAXPAYERS, SOLID WASTE COSTS A LOT
OF MONEY. IF YOU WANT SOLID WASTE AND YOU WANT TO DO IT OUR WAY IN THIS
CITY, IN THIS COUNTY, THE WAY WE WANT TO DO IT, DIFFERENT THEN THE WAY
THE FEDERAL GOVERNMENT OF THE GOVERNOR WANTS TO DO IT, WE WILL HAVE TO
SAY YOUR PROPERTY TAX WIL GO UP SO MANY CENTS OR WHATEVER IT HAPPENS TO
BE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 012 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106712
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
MICROFORM REFILMED; SEE APPENDICES
BUT I FIND VERY FEW PEOPLE READY TO DO THAT.
MR. TABOR. WHAT HAPPENS IF YOU HAVE A STATE CEILING ON THE PROPERTY
TAX WHICH HAS BEEN THE CASE IN CALIFORNIA FOR THE LAST 2 YEARS? MANY OF
THE COUNTIES ARE UP AGAINST THEIR MILLAGE AT THE MOMENT.
SENATOR BIDEN. THAT EXISTS IN SOME STATES, BUT IT DOESN'T EXIST IN
MOST STATES. I SEE NO FURTHER EFFORTS ON THE PART OF CITIES,
MUNICIAPLITIES OR COUNTIES TO MAKE THAT EFFORT IN THE STATES THAT DON'T
HAVE IT. CAN YOU NAME SOME FOR ME?
MR. TABOR. THE REPRESENTATIVE OF THE NATIONAL LEAGUE OF CITIES
COMING AS THE NEXT WITNESS REPRESENTS A VERY GOOD CASE.
SENATOR BIDEN. CITIES BY THE WAY ARE CONSIDERABLY MORE ENLIGHTENED
THAN COUNTIES IN MY OPINION. I AM COUNTY OFFICIAL. ANYWAY, I THINK WE
NEED MORE STICKS THAN CARROTS. YOU GUYS NIBBLE UP THE CARROTS AND THEN
BEAT US WITH THE STICK, I WOULD RATHER KEEP A LITTLE BIT OF THE STICK.
I AM BEING A LITTLE FACETIOUS, BUT I THINK IT IS ABOUT TIME WHEN WE TALK
ABOUT ACCOUNTABILITY IN GOVERNMENT THAT THOSE OF US WHO FEEL STRONGLY AS
SENATOR DOMENICI HAS FROM THE TIME HE ARRIVED HERE ABOUHIS PROBLEM AND
OTHER PROBLEMS THAT AFFECT THE CITIES, HAVING MORE EXPEREIENCE THAN
PROBABLY ANY OF US ON THIS COMMITTEE IN TERMS OF DEALING WITH THE
SPECIFIC PROBLEMS, HAVING BEEN THE MAYOR OF A LARGE CITY, I THINK THAT
WHEN WE ARE TOLD WE HAVE TO BE ACCOUNTABLE ON THE FEDERAL LEVEL AND WE
MOVE FORWARD WITH FEDERAL PROGRAMS THAT WE FEEL ARE NEEDED BADLY AT A
LOCAL LEVEL THAT WE SHOLD ALSO AT THE SAME TIME BE IN THEPOSITION OF
HAVING THE COOPERATION OF THE LOCAL CITIES AND COUNTIES WHO ARE GOING TO
TAK E AN EQUAL SHARE OF THAT BURDEN INSTEAD OF BEING PUT IN THEPOSITION
THAT WE ARE PUT IN, AT LEAST IN MY 18 MONTHS, MY 2 YEARS HERE HAS BEEN
THAT WE AT THE FEDERAL LEVEL JUST SPEND AND SPEND AND SPEND AND WE JSUT
CAUST THE TAXPAYERS TO BE JUST BURDENED WITH ALL OF THESE PROGRAMS, THAT
NOBODY WANTS, AND TAKEN OUT OF THATPOOR GUY'S P-OCKET.
AT THE SAME TIME THE VERY PROGRAMS, OR MANY OF THEM, ARE ONES WHICH
THE COUNTIES AND CITIES BEG US FOR BUT YET DON'T DO ANYTHING ABOUT,
SAYING THAT THEY IN FACT SHARE THE BURDEN. I HAVE NEVER HEARD A COUNTY
COUNCILMAN STAND UP DURING AN ELECTION WHEN HE IS ON THE PLATFORM WITH A
GOVERNOR, SEANTOR, CONGRESSMAN OR ANYONE ELSE SEEKING THOSE OFFICES, AND
SAY, "THE FACT OF THE MATTER IS THAT MUCH OF THE MONEY THAT IS BEING
SPENT AT THE FEDERAL LEVEL IS BEEN REQUESTED BY WE AT TEH COUNTY LEVEL."
REVENUE SHARING, I HAVE NOT HEARD ANYBODY SAY AT THE LOCAL LEVEL, AND I
HAVE NOT BEEN AROUND THAT MUCH, I GUESS:
THE MONIES THAT WE ARE SPENDING HERE ARE GOING, ARE MONIES THAT ARE
INCREASING YOUR FEDERAL TAX BURDEN. IT IS COSTING YOU MORE MONEY
BECAUSE IT IS FEDERAL MONIES WE ARE GETTING AND IT IS MONEY THAT WE
DON'T HAVE TO TURN AROUND AND TAX YOU FOR.
WHAT I HEAR THEM SAYING WITH REVENUE SHARING IS:
WE ARE GOING TO REDUCE YOUR TAX BASE. LOOK WHAT WE HAVE DONE FOR
YOU.
I, AS A LOCAL LEVEL OFFICIAL, HAVE REDUCED YOUR TAX BURDEN, WHILE
LOOK AT MY FRIEND IN THE OPPOSITE PARTY OVER THERE WHO IS A UNITED
STATES SENATOR OR GOVERNOR, LOOK WHAT THEY HAVE DONE.
I AM SICK OF THAT. I AM REALLY FED UP WITH THAT. IF YOU ALL WANT
THE RESPONSIBILITY WHICH I THINK YOU SHOULD HAVE, I WANT YOU TO HAVE THE
RESPONSIBILITY ON THE OTHER SIDE. I WANT YOU TO HAVE TO GO OUT THERE
AND SAY TO THE PEOPLE:
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 013 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106713
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 014 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106714
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
IT IS GOING TO COST MORE MONEY; IT WILL COST MORE MONEY LOCALLY AND
IT WILL CAUSE ME AS YOUR LOCAL OFFICIAL TO SAY TO YOU IF YOU WANT THE
PROGRAM I AM THE ONE WHO IS MAKING THE DECISION AND YOU ARE THE ONE WHO
IS GOING TO HAVE TO PAY FOR IT.
I AM TAKING UNFAIR ADVANTAGE OF IT BECAUSE I AM SITTING UP HERE
BEHIND THIS BIG MICROPHONE AND YOU HAVE TO BE POLITE WITH ME DOWN THERE.
THAT IS UNFAIR. BUT I AM A SENATOR AND YOU ARE NOT. THAT IS ONE OF
THE BURDENS, I MEAN. YOU KNOW I REALLY AM TAKING -- WHAT I AM TRYING TO
SAY IS I AM SORRY FOR SAYING THAT. I GUESS I HAD BETTER RELINQUISH
THISMICROPHONE OR I WILL BE BACK IN THE COUNTY COUNCIL BEFORE I KNOW IT.
SENATOR RANDOLPH. SENATOR STAFFORD, DO YOU HAVE QUESTIONS? I THANK
THE SENATOR FOR HS REMARKS ABOUT MY PAST EXPERIENCE, I AM SOMEWHAT
CONFUSED NOW. SO I AM GOING TO TAKE ALITTLE BIT OF YOUR TIME. I KNOW
THE MAYOR IS HERE AND HE IS WAITING A LONG TIME. WE WANT TO HEAR HIM
ALSO. BUT I UNDERSTAND THAT REVENUE SHARING HAS GIVEN THE COUNTIES OF
AMERICA, GENERALLY SPEAKING, A VERY NEWKIND OF LIFE. ONE OF THE
PREMISES OF REVENUE SHARING WAS THAT YOU HAV THE MONEY, YOU HAVE THE
POWER, AND IF YOU HAVE THE POWER, I SORT OF AGREE WITH SENATOR BIDEN,
THAT YOU HAVE A NEW KIND OF RESPONSIBILITY. I AGREE ALSO WITH THAT PART
OF HIS STATEMENT WHERE HE SAYS WHEN YOU GET REVENUE-SHARING MONEY TO
ASSUME THIS NEW LEADERSHIP ROLE -- BECAUSE THE CITY AND COUNTY ARE
BECOMING VERY MIXED IN THE KIND OF RESPONSIBILITES TO BRAG THAT YOU HAV
CUT TAXES, AT THE SAME TIME TO NOT BRAODEN THE PARTICIPATION OF
THATLOCAL GOVERNMENT IN THE SOCIAL PROBLEMS ON THE REGION, BE IT COUNTY
OR BI-COUNTY OR CITY AND COUNTY TOGETHER.
I HAVE ADDRESSED MANY COUNTY ORGANIZATION S IN MY STATE AND
ENCOURAGED THAT THEY ASSUME THIS NEW ROLE, NOW THAT THEY HAVE SOME
MONEY, AND BROADEN THEIR HORIZONS. I HOPE THAT COMES TRUE. I HOPE AS
SENATOR BIDEN, HAS INDICATED THAT IT ISN'T EXCLUSIVELY PREDICATED UPON,
"FOR HOW MUCH LONGER ARE WE GOING TO GET REVENUE SHARING AND HOW MUCH
MORE ARE WE GOING TO GET OF IT? I THINK IT IS A SECOND BEST. I THINK
THE BEST WOULD BE IF YOU ARE IMPOSING YOUR OWN TAXES ON YOUR OWN PEOPLE
AND IF YOU DON'T HAVE AUTHORITY THAT YOU GET STRONG ENOUGH TO TELL STATE
GOVERNMENTS YOU WANT THE AUTHORITY AND THAT YOU GET BOLD ENOUGHT TO SAY
THAT WE CAN'T DO IT UNTIL YOU GIVE US THE AUTHORITY. BUT THAT IS JUST
PREMISE.
YOU HAVE TALKED IN YOUR STATEMENT ABOUT THE MULTIPLICITY OF KINDS OF
DISTRICTS THAT WE HAVE CAUSED TO BE CREATD, WHTHER THEY BE LEGAL FROM
THE STATE SENSE OR WHETHER WE HAVE CREATED THEM BY OUR VARIOUS LAWS.
YOU SPEND A WHOLE PAGE OF YOUR TESTIMONY TALKING ABOUT DIVERSE KIND OF
REGIONAL PLANNING CONCEPTS.
BUT AT ONE POINT YOU ASWERED OUR CHAIRMAN'S QUESTION OF YOUR, WHERE
HE SAID FOR 9 YEARS WE HAVE BEEN TRYING TO ENCOURAGE STATEWIDE PLANNING
IN SOLID WASTE DISPOSAL AND REUSE AND THELIKE AND YOU INDICATED THAT IT
HAS NOT SUCCEEDED. THEN YOU SAY WE NEED MORE CARROT, AND AT THE SAM E
TIME INDICATED YOU WOULD ADVOCATE STATEWIDE PLANNING IN THIS AREA.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 015 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106715
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
MICROFORM REFILMED; SEE APPENDICES
THEN YOU GO ON IN ANOTHER STATEMENT AND ON PAGE SIX, TO BE SPECIFIC,
SAY, HOWEVER, YOU DON'T WANT LOCAL UNITS OF GOVERNMENT TO BE PENALIZED
IN TERMS OF WHETHER OR NOT THEY CAN GET DEMONSTRATION GRANTS AFTER 1976
BECAUSE THE STATE HAS NOT COMPLIED WITH COMPREHENSIVE PLANNING.
THAT PUTS THE CONGRSS IN A PRETTY TOUGH POSITION. WHO SHOULD BE
BETTER EQUIPPED TO FORCE THE STATES OF THIS NATION IF WE GAVE THEM THE
CARROT, WHICH WAS YOUR FIRST PREMISE, AND PRESUMABLY WE WILL TRY TO GIVE
ONE IN THIS BILL, WHO SHOULD BE BETTER EQUIPPED TO FORCE THE STATES TO
COME UP WITH COMPREHENSIVE PLANNING THAT INCLUDSE BY REPRESENTATION BY
LOCAL GOVERNMENT UNITS? PERHAPS THE COUNTY AS A UNIT? SHOLD YOU BE
BETTER EQUIPPED TO FORCE THAT ON THE GOVERNORS OR SHOULD THE CONGRESS OF
THE UNITED STATES SET ABOUT IN THIS ACCOUNT TO HAVE 25,000 SPECIAL
GRANTS BEING ADMINISTERED AROUND THE COUNTIES AND CITIES AND THE LIKE?
WHAT ARE YOUR VIEWS ON THAT?
MR. TABOR. YOU HAD SEVERAL STATEMENTS THERE AND QUESTIONS, SENATOR.
BUT IF I COULD DEAL WITH ONE OF THESE, TALKING ABOUT THIS MONEY FOR
DEMONSTRATION GRANTS AND THE KIND OF STATE PLANS, HAVING TO HAVE THEM
DONE BY JULY 1976.
SENATOR DOMENICI. LET ME INTERRUPT. I ASSUME YOUR STATEMENT WOULD
HAVE BEEN THE SAME IFWE PUT 1977 IN THERE INSTEAD OF 1976?
MR. TABOR. NO.
SENATOR DOMENICI. YOU NEED MORE TIME?
MR. TABOR. WE FEEL A LOCAL GOVERNMENT SHOULD NOT BE PENALIZED
BECAUSE THE STATE IS TAKING MORE TIME IN DEVELOPING THEIR PLANS WHICH IS
NOTHIIG TO SAY ABOUT HOW CAPABLE THEY ARE OR WHAT THEIR INTENT IS. WE
ARE ONLY TALKING HERE ON THE DEMONSTRATIN PART OF THIS BILL. IT IS A
VERY SMALL PART OF THIS LEGISLATION.
SENATOR DOMENICI. YES. BUT WE WILL START A MECHANISM OF CATEGORICAL
GRANTS FOR DEMONSTRATIONS IN THIS BILL TO LOCAL UNITS OF GOVERNMENT
WHILE WE HAVE IN EXISENCE A QUASI-MADATE, STATES COME UP WITH AT LEAST A
GENERAL STATEWIDE PLAN. WOULD IT HELP YOUR CONCERN IF WE MERELY
REQUIRED THAT THEY COME UP WITH THE MECHANISM FOR THE PLAN AND THAT IF
THEY HAVE NOT IMPLEMENTED IT THAT LOCAL UNITS OF GOVERNMENT OUGHT NOT BE
PENALIZED IN THEIR INDIVIDUAL EFFORTS TO IMPLMENET?
MR. TABOR. THE MAIN THING WE WERE TALKING ABOUT WAS THE TIME TABLE.
YOU MENTIONED 1977. I THINK THAT IS PROBABLY MUCH MORE REASONABLE THAN
1976. IT DOES GIVE THE STATE MORE TIME.
IN THE MEANWHILE THESE DEMONSTRATION GRANTS CAN BE GIVEN OUT AS
CATEGORICAL GRANTS WITH A CHANCE TO LOOK OVER NEEDS AND REVIEW
PRIORITIES. ITCOULD DOVETAIL NICELY WITH WHAT IS GOING ON WITH THE
PLANNING AND WHAT COMES AFTERWARDS.
SENATOR DOMENICI. CAN WE IN CONGRESS MAKE THE CARROT BIG ENOUGH SO
THE MAJORITY OF THE STATES IN THE UNITED STATES WILL IN FACT ADOPT A
COMPREHENSIVE PLAN FOR SOLID WASTE DISPOSAL?
MR. TABOR. I THINK THE CARROT IS AN IMPORTANT PART OF IT, SENATOR.
BUT THERE ALSO IS SOMETHING ELSE DEVELOPING OUT THERE. THE CHAIRMAN HAD
MENTIONED 9 YEARS WITHOUT MUCH TO SHOW FOR IT. MAYBE NOT IN SOME
PLACES. BUT I THINK THAT THERE IS MORE AND MORE PUBLIC CONCERN ABOUT
THIS. JUST AS YOU, AS ELECTED OFFICIALS, AT THE NATIONAL LEVEL HAVE TO
BE RESPONSIVE TO THAT, SO DO WE AT THE STATE AND LOCAL LEVEL SO THAT
THIS IS COMING.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 016 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106716
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
YOU MENTIONED REVENUE SHARING AND WHAT IS BEING DONE. MANY OF OUR
COUNTIES AND CITIES HAVE USED REVENUE SHARING DOLLARS FOR CARRYING OUT
SOLID WASTE PROGRAMS BECAUSE THIS HAS BEEN ONE OF THE BIG UNDE-FUNDED
AREAS. IT WOULD BE AN OBVIOUS ONE FOR A COUNTY.
THE OTHER POINT I WANT TO MAKE ABOUT REVENUE SHARING IS YOUR
STATEMENT THAT IT IS GIVING US NEW POWER. THIS IS TRUE IN CASE OF MANY
OF OUR SMALLER AND MEDIUM-SIZED COUNTIES WHERE THE REVENUE SHARING MONEY
MAY AMOUNT TO 15, 20, AND IN SOME CASES 25PERCENT OF THE TOTAL LOCAL
BUDGET. BUT THAT IS MUCH HIGHER THAN THE NATIONAL AVERAGE. WE HAE GOT
MANY OF OUR COUNTEIS, LARGE COUNTIES, WHERE REVENUE SHARGIN MONEY IS
ONLY 3 AND 4 PERCENT OF THEIR BUDGET.
FOR MANY OF OUR LARGER COUNTIES THIS IS NOT A -LARGE PART OF THEIR
BUDGET. IT IS NOT NEARLY MAKING THAT MUCH DIFFERENCE AS FAR AS THOSE
WHO HAE ALREADY GOT THE CLOUT. IT IS JUST HELPING THEM A LITTLE BIT
FROM HAVING TO FINANCE IT THORUGH PROPERTY TAXES.
SENATOR BIDEN. I WANT TO CLOSE WITH THIS OBSERVATION. I WOULD LIKE
YOU TO COMMENT ON IT. I THOROUGHLY AGREE WITH YOU R PREMISE THAT WHERE
FEASIBLE JURISDICTION OF GENERAL PROBLEMS OUGHT TO BE VERY MUCH INVOLVED
IN SOLID WASTE DISPOSAL PLANNING, NOT BECASUE WE WANT COUNTY
COMMISSIONERS AND MAYORS AND CITY COUNCILMEN TO DO ALL OF THAT, BUT
RATHER SOLID WASTE DISPOSAL CARRIES WITH IT A RATHER HUGE IMPLEMENTATION
PROGRAM THT HAS TO FOLLOW. SOMEBODY HAS TO CARRY OUT THE COLLECTION OF
THE GARBAGE, THE DELIVERY OF IT, THE CONTRATING WITH REFUSE COMPANIES.
ALL OF THAT ASPECT IS A N ONGOING OPERATION OF SOME UNIT OF FACTITIOUS
KINDS OF QUASI-GENERAL PURPOSE UNITS OF GOVERNMENT THAT HAVE TO DO WITH
THE COLLECTION AND DISPOSAL OF GARBAGE. SO WE WANT TO MAXIMIZE THE
OPPORTUNITY FOR GENERAL JURISDICTIONS TAHT ARE WILLING AND BIG ENOUGHTOT
DO IT ON THEIR OWN, TO BE PART OF THE IMPLEMENTATION OF A MASTER PLAN.
ON THE OTHER HAND, YOU SEEM TO HAVE CONTRADICTORY KINDS OF
STATEMENTS IN TERMS OF AN APPROACH. ARE YOU SUGGESTING THAT
COUNTIES OUGHT TO BE EMPHASIZED IN THIS BILL AS UNITS THAT MIGHT
BE PART OF PLANNING AND THUS THE IMPLEMENTATION OF THE PLAN?
MR. TABOR. YES. WE THINK THE LOOKING AT THE KINDS OF PROBLEMS WE
HAVEGOT IN SOLID WASTE MANAGEMENT, PARTICULARLY THE MOST CRITICAL
PROBLEM OF ALL -- DISPOSAL, THAT THE COUNTY IN MANY PLACES IS A MORE
REASONABLE, A MORE MANAGEABLE AREA TO TRY TO COORDINATE THE UNITS OF
GOVERNMENT FOR THAT SERVICE.
AS WE POINT OUT IN STATEMENT, THERE ARE 170 METROPOLITAN AREAS, OUT
OF A TOTAL OF 260 METROPOLITAN AREAS IN THE COUNTRY, WHERE OVER 70
PERCENT OF THE POPULATION IS ON ONE SINGLE COUNTY. I AM NOT CERTAIN
ABOUT BERNALILLO. IS THAT A SINGLE METROPOLITAN AREA?
MR. DOMENICI. SINGLE.
MR. TABOR. IN THAT CASE WHERE BY OMB STANDARDS OR CENSUS BUREAU
STANDARDS OF AN SMSA THERE ARE THREE OR FOUR COUNTIES. BUT THE MAJOR
PART OF THAT POPULATION IS IN ONE COUNTY. I THINK FOR A LOT OF PURPOSES
IF WE WANT TO GET METROPOLITAN COOPERATION WE CAN HANDLE THE BULK OF THE
PROBLEM BY WORKING WITHIN THAT ONE COUNTY. THE MUNICIPALITIES CAN GET
TOGETHER WITH THE COUNTY THROUGH A COG OR THROUGH SOME OTHER KIND OF
INSTRUMENTALITY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 017 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106717
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
IT EVEN CAN BE AN AGREEMENT WITH THE CENTRAL CITY TO HANDLE IT BY
CONTRACT. THE COUNTIES ARE HANDLING THE PROBLEM THIS WAY IN THIS
METROPOLITAN AREA.
I THINK THAT IS WHY WE THINK THAT IT IS IMPORTANT IN THIS PROGRAM TO
LOOK AT THE COUNTY AS AN AREA-WIDE UNIT AND THE MOST MANAGEABLE. WE DO
NOT BELIEVE IT SHOULD BE AN SMSA WHICH REALLY STARTED OUT BE TO NOTHING
BUT A STATISTICAL MEASURE. NOW IT IS USED FOR ALL KINDS OF FEDERAL
PROGRAMS.
SENATOR DOMENICI. THANK YOU, MR. CHAIRMAN.
SENATOR RANDOLPH. THANK YOU, SENATOR, THANK YOU VERY MCUH,
MR. TABOR.
I WANT YOU TO TAKE THE TIME THAT IS NECESARY TO FILL OUT SOME OF YOUR
ANSWERS. WE WANT YOU TO HAVETHE OPPORTUNITY TO DO THAT.
I KNOW OF A STATEMENT I SHALL NOW MAKE HAS NO REAL SUBSTANCE PERHAPS
IN REFERENCE TO THESE HEARINGS AND CERTAINLY I DO NOT MEAN THEM TO BE
SELF-SERVING TO YOU OR ANY OTHER LEVEL OF OFFICAL STRUCTURE IN OUR
COUNTRY. BUT WITH THE COMPLEXITY OF OUR PROBLEMS IN THIS NATION -- AND
IT IS SO ALSO IN THE OTHER NATIONS OF THE WORLD, IT IS NOT CONFIENED TO
THE UNITED STATES OF AMERICA -- WE ARE THENO. 1 GENERATOR OF WASTE AS WE
ARE TALING ABOUT IT HERE TODAY.
FOR EVERY ONE TONE OF URBAN WASTE ANNUALLY FOR EVERY MAN, WOMAN, AND
CHILD, AND IT IS BELIEVD THAT IT IS GROWING AT THE RATE OF 4 TO 6
PERCENT EACH YEAR, BUT IF WE CHECK JAPAN AND WEST GERMANY, HOLLAND,
BELGIUM, ENGLAND, ITALY, FRANCE, WE ARE FINDING IN MOST OF THOSE
COUNTRIES, MR. TABOR, THIS WASTE VOLUME GROWS.
WHAT I AM SAYING HERE IS TAHT WE ESTIMATE THIS 4 TO 6 PERCENT GROWTH
ON AN ANNUAL BASIS, THOSE COUNTRIES ARE RUNNING 5 TO 8 PERCENT,BUT IT IS
A WORLDWIDE PROBLEM. FOR THOSE PERSONS WHO ARE ON THE JOB LIKE YOU, MR.
TABOR, OR THEMAYOR OF NASHIVILLE, THE HON. BEVERLY BRILEY, OR MR. MAYOR,
YOU HAVE GOT A TREMENDOUS JOB TO DO.
WE AT OTHER LEVELS OF GOVERNMENTS, OTHER THAN THE ONES REPRESENTED IN
OUR WITNESS TODAY, HAVE A VERY REAL COMMITMENT I JUSP HOPE WE WILL NOT
FALL INTO WHAT I THINK IS A FALSE PREMISE OFTHINKING THAT THE PEOPLE
THAT ARE TRYING TO SOLVE THESE PROBLEMS, IF THEY WERE ALL OUT OF OFFICE
, WE WILL SAY, THAT THE PROBLEMS WOULD AUTOMATICALLY BE SOLVED IF A NEW
GROUP OF PEOPLE TOOK OVERTHOSE OFFICES. THAT HAS NOTHING TO DO WITH
POLITICS OR PARTIES WHATSOEVER.
THESE ARE PROBLEMS ATHAT ARE GOING TO HAVE TO HAVE THE CAREFUL STUDY
OF WHOEVER IS IN THE OFFICE, AT WHATEVER LEVEL OF GOVERNMENT.
I HOPE THAT THE PUBLIC ITSELF WILLPAUSE PERHAPS JUST A LITTLE ALONG
THE WAY TO RECOGNIZE THE MAGNITUDE OF THIS ONE PROBLEM WHICH FRANKLY IN
MY THINKING RANKS ALONGSIDE OF OTHER PROBLEMS TAHT WE GIVE MUCH MORE
PRIORITY TO IN THIS COUNTRY.
FOR THOSE WHO ARE DOING THE JOB, WHETHERR IT IS YOU, THE MAYOR OR
SOMEONE ELSE, I AM NOT GOING TO SELL YOU SHORT. I DON'T THINK
THEAMERICAN PEOPLE HAD BETTER DO THAT RIGHT NOW BECAUSE WE ARE GOING TO
NEED PEOPLE ON THE JOB WHO ARE TRYING NOT ONLY TO KNOW BETTER HOW TO DO
THE JOB WHICH HAS TO BE DONE, BUT ALSO COMMITTING THEMSELVES TO THAT
EFFORT.
THANK YOU, MR. TABOR.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 018 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106718
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
MR. TABOR. WE APPRECIATE THAT COMMENT, MR. CHAIRMAN, VERY MUCH.
SENATOR DOMENICI. MR. CHAIRMAN, WOULD YOU INDULGE ME?
SENATOR RANDOLPH. YES.
SENATOR DOMENICI. LET ME NOT LEAVE THE WRONG IMPRESSION WITH
REFERENCE TO YOUR TESTIMONY AND YOUR INPUT. I HAVE NOW HAD OCCASION IN
THREE OR FOUR HEARINGS TO HAVE OFFICIAL REPRESENTATIVES OF EITHERTHE
CONFERENCE OF MAYORS OR THE NATIONAL LEAGUE OF CITIES COME AND TESTIFY.
HAVING BEEN A AMYOR AND A MEMBER OF BOTH NATIONAL GROUPS I HAVE A REAL
EMPATHY FOR THEM, TRYING TO BE PART OF THE IMPLEMENTATION OF LAWS THAT
THEY HAVE VERY LITTLE INPUT IN AND THAT WE HAD VERY LITTLE UNDERSTANDING
OF IN THE PAST.
ONE THING THAT I HAV LEDGED TO THEM AS THEY HAVE APPEARED HERE IS
THAT CERTAINLY AS WE PASS LAWS THAT TRY TO CHANGE JURISDICTIONAL
BOUNDARIES, WHETHER IT BE FOR PLANNING PURPOSES, IMPLEMENTATION
PURPOSES, THAT WE CERTAINLY WANT THEIR INPUT.
I SAY TO YOU FROM THE COUNTIES THAT THIS NEW BIRTH OF INFLUENCE THAT
YOU HAVE AN D THIS NEW STAFFING THAT YOU HAVE AT THE NATIONAL LEVEL
CARRIES WITH IT THE SAME PLEDGE ON MY PART. I THINK YOUR STATEMENTS
WHERE YOU HAVE ANALYZED 600 TO 700 KINDS OF JURISDICTIONS TAHT WE HAVE
CREATED THROUGH TWO OR THREE DIFFERENT LAWS AND THEY LIE THERE DORMANT
BECAUSE YOU CAN'T PUT THE PIECES TOGETHER, FOR WHATEVER REASONS. I
THINK WE HAVE TO KNOW ABOUT THAT IN ADVANCE.
TO THAT EXTENT, WHETHER WE AGREE TODAY SPECIFICALLY ON WHOSE CHARGE
IT IS TO MAKE WHAT WAVES AT THE LOCAL LEFEL FOR INNOVATION AND
IMPLEMENTATION OF NEW NEEDED SERVICES OR NOT, THAT IT IS NOT TERRIBLY
RELEVANT, I CERTAINLY WANT YOU TO KNOW THAT WE APPRECIATE THE INPUT
WHICH ONLY YOU CAN BRING BECAUSE YOU ARE OUT THERE WORKING WITH THE
LOCAL UNITS OF GOVERNMENT THAT YOU REPRESENT.
I THANK YOU FOR THAT.
THEREIS ONE COMMENT IN YOUR STATEMENT THAT I DID NOT UNDERSTAND WHEN
IT COMES TO ME HERE IN CLOSING MOMENTS. WHEN YOU WERE TALKING ABOUT
LOANS AND GRANTS YOU SAID YOU PREFERRED GRANTS OVER LEANS FOR THE
OBVIOUS REASON. YOU DON'T HAVE TO PAY THEM BACK, OBVIOUSLY; THAT IF
YOU PUT BOTH IN THE SAME PACKAGE IN YOUR PREPARED REMARKS YOU SAID THE
ADMINISTRATION WILL CHOOSE LOANS. IN YOUR ORAL REMARKS YOU SAID: THIS
"ADMINISTRATION." THAT KIND OF STUCK WITH ME. DID YOU MEAN THIS
ADMINISTRATION OVER OTHERS?
MR. TABOR. YES, I THINK SO, SENATOR, BECAUSE THERE HAS BEEN A LOT
MORE USE OF LOANS MADE FOR DIFFERENT PROGRAMS THAN UNDER PREVIOUS
ADMINISTRATIONS. AN EXAMPLE IS OUR EXPERIENCE WITH THE FARMERS HOME
ADMINISTRATION PROGRAMS. FOR THIS CURRENT FISCAL YEAR, THE
ADMINISTRATION WAS REQUESTING ALMOST $1 BILLION IN LOAN PROGRAMS AND NOT
REALLY WANTING TO PUT UP ANY MONEY IN GRANT PROGRAMS. YET THE CONGRESS
2 YEARS AGO AUTHORIZED $300 MILLION FOR RURAL WATER SEWER PROGRAMS. THE
ADMINISTRATION FIANNLY GAVE AWAY $120 BILLION A COUPLE OF MONTHS AGO.
BUT THAT WAS APPROPRIATED ORIGINALLY IN FISCAL 1973.
SENATOR DOMENICI. COULD WE AGREE THAT LOANS ARE SOMETIMES
APPROPRIATE AND GRANTS ARE SOMETIMES APPROPRIATE? WHAT YOU ARE
SUGGESTING IS WE HAVE TO FIND A WAY TO MAKE SURE THERE IS A REASONABLE
MIX AND NOT LEAVE IT UP TOTALLY TO THE JURISDICTION OF THE EXECUTIVE?
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 019 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106719
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
MR. TABOR. YES, AND THEN MERELY PUT OUT A STATEMENT THAT WE ARE NOT
GOING TO ISSUE ANY GRANTS, BECAUSE WE ARE GIVING YOU PLENTY OF LOAN
AUTHORITY.
SENATOR DOMENICI. ONTHE SECOND PART OF THE STATEMENT YOU REFERRED TO
THE FACT THAT IF IT IS LOANS YOU GET KIND OF LOCKED IN AND YOU CANT
INNNOVATE AS CHANGES ARE NEEDED. I REALLY DONT UNDERSAND THAT.
DO YOU MEAN BECAUSE OFINDEBTEDNESS YOU ARE PRECLUDED FROM MAKING
NECESSARY CAPITAL IMPROVEMENTS AS CHANGES ARE NEEDED? THAT IS A DIRECT
STATEMENT THAT YOU MADE. I REALLY DON'T UNDERSTAND THAT.
MR. TABOR. IW OULD LIKE TO RETRACT THAT BECAUSE I CAN SEE THE
OBVIOUS IMPLICATIONS OF IT RIGHT NOW. IF YOU ARE GOING TO GO AHEAD WITH
THE GRANT PROGRAM OR ANY KIND OR LONG-RANGE COMMITMENT YOU HAVE THE SAME
PROBLEM AS YOU HAVE WITH THE LOAN I WOULD BE GLAD TO CORRECT THAT
STATEMENT. THANK YOU.
SENATOR DOMENICI. THANK YOU, MR. CHAIRMAN.
SENATOR RANDOLPH. THANK YOU, SEANTOR DOMENICI. THANK YOU, MR.
TABOR, AND TAHNK YOU, MISS SHASKAN, VERY, VERY MUCH.
(THE ADDITIONAL INFORMATION REGARDING MONTGOMERY AND PRINCE GEORGES
COUNTIES FOLLOW:)
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 020 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106720
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
RESOLUTION NUMBER 7 - 1590
SUBJECT: ADOPTION OF MONTGOMERY COUNTY TEN YEAR SOLID WASTES
MANAGEMENT PLAN, FYS 1975-84
WHEREAS, THE GENERAL ASSEMBLY OF THE MARYLAND HAS BY ARTICLE 43
SECTION 387C OF THAT ANNOTATED CODE OF MARYLAND (1973 CUMULATIVE
SUPPLEMENT) ENACTED THAT THE GOVERNING BODY OF EACH COUNTY SHALL ADOPT
AND SUBMIT TO THE MARYLAND STATE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, A COMPLETECOUNTY PLAN DEALING WITH SOLID WASTE DISPOSAL SYSTEMS
AND SOLID WASTE ACCEPTANCE FACILIITES AND A SYSTEMATIC PROGRAM FOR THE
COLLECTION AND DISPOSAL OF LITTER, REFUSE, OR OTHER SOLID WASTES,AND
SHALL FROM TIME TO TIME SUBMIT AMENDMENTS OR REVISIONS OF SUCH PLAN;
AND
WHEREAS, IN ACCORDANCE IWTHTHE ABOVE CITED STATUTE, THE COUNTY
EXECUTIVE HS PREPARED AND TRANSMITTED TO THE COUNTY COUNCIL ON OCTOBER
12, 1973, A DOCUMENT ENTITLED "TEN YEAR SOLID WASTE MANAGEMENT PLAN FYS
1975-1984, MONTGOMERY COUNTY, MARYLAND"; AND
WHEREAS, THE COUNTY COUNCIL GAVE NOTICE TO THE PRINCIPAL
ELECTED OFFICIAL OF EVERY MUNICIPAL CORPORATION CONCERNED AND
ALSO GAVE NOTICE TO EVERY PRIVATELY OWNED SOLID WASTE COLLECTION
AND DISPOSAL SERVICE CONCERNED, AND HAS HELD PUBLIC HEARINGS,
TEN DAYS NOTICE OFWHICH WAS GIVEN BY ONE PUBLICATION IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY ON NOVEMBER 14,
1973 AT WHICH TIME ALL INTERESTED PERSONS WERE AFFORDED REASONABLE
OPPORTUNITY TO BE HEARD; AND.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 021 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106721
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
WHEREAS, ON NOVEMBER 27, 1973, THE COUNTY BECUTIVE TRANSMITTED TO THE
COUNTY COUNCIL RECOMMENDATIONS CONCERNING THE SOLID WASTE DISPOSAL
SYSTEM BY MEMORANDUM ON THE SUBJECT "SOLID WASTE DISPOSAL: RECOMMENDED
SYSTEM AND SANITARY LANDFILL SITE;" AND
WHEREAS, ON DECEMBER 20, 1973, THE COUNTY EXECUTIVE TRANSMITTED TO
THE COUNTY COUNCIL RECOMMENDATIONS REGARDING THE OVERALL SOLID WASTE
MANAGEMENT PLAN BY MEMORANDUM ON THE SUBJECT "DRAFT TEN YEAR SOLID
WASTEMANACEMENT PLAN MODIFICATIONS;"
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, THAT
1. THE COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND HEREBY ADOPTS T
HE ATTACHED DOCUMENT ENTITLED "TEN YEAR SOLID WASTE MANAGEMENT PLAN,
FISCAL YEARS 1975-84, MONTGOMERY COUNTY, MARYLAND, JANUARY 1974," AS THE
TEN YEAR SOLID WASTE MANAGEMENT PLAN FOR FYS 1975-84 FOR MONTGOMERY
COUNTY, MARYLAND.
2. APPROVAL OF THIS PLAN SHALL NOT BECOME FINAL UNTIL THE EXPIRATION
OF TEN DAYS DURING WHICH TIME THE COUNTY EXECUTIVE MAY REVIEW SUCH PLAN
AND MAKE SUCH RECOMMENDATIONS AS HE DEEMS NECESSARY OR DESIRABLE FOR THE
COUNCIL'S CONSIDERATION.
A TRUE COPY.
ATTEST.
ANNA P. SPATES, SECRETARY OF THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 022 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106722
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
COVER SHEET OMITTED.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 023 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106723
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
ADOPTED BY THE MONTGOMERY COUNTY COUNCIL BY RESOLUTION NO. 7-1590
JANUARY 22, 1974.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 024 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106724
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
A. INTRODUCTION 1. GENERAL AND BACKGROUND THE MONTGOMERY COUNTY
SOLID WASTE MANAGEMENT PLAN, COVERING TEN YEAR PERIOD BETWEEN JULY 1974
ANDJULY 1984, AHS BEEN PREPARED AND ADOPTED TO MEET THE REQUIREMENTS OF
SECTION 387 C OF ARTICLE 43 OF THE ANNOTATED CODE OF THE STATE OF
MARYLAND ADDITIONALLY, THE PLAN CONTAINS INFORMATION FOR THE PERIOD
JANUARY 1 TO JUNE 30, 1974, TO ENSURE CLARITY AND COMPLETENESS.
IN 1971, MONTGOMERY COUNTY EMBARKED ON A COMPREHENSIVE APPROACH TO
THE DEVELOPMENT OF A SOLID WASTE MANAGEMENT SYSTEM. TO FURTHER ITS
GOAL, EXTENSIVE INITIAL DISCUSSIONS WERE HELD BETWEEN TEH COUNTY
COUNCIL, AND THE COUNTY EXECUTIVE AND HIS STAFF, TO DEFINE THE
PARAMETERS OF STUDIES TO BE ACCOMPLISHED, INTERMEDIATE ACTIONS REQUIRED,
AND A TIMETABLE OF EVENTS TO TAKE PLACE. IN 1971, AN INITIAL STUDY WAS
COMPLETED BY GREEN ASSOCIATES, INC., CONDULTING ENGINEERS, PROVIDING
SOLID WASTE DATA AND EVALUATIONS OF LANDFILL SITES. THIS REPORT SERVED
AS THE BASIS FOR SELECTION OF THE CURRENT GUIDE LANDFILL SITE.
SUBSEQUENTLY, IN 1972, THE COUNTY EXECUTIVE ENGAGED THE FIRM OF POPE,
EVANS AND ROBBINS (PER), INC., TO PREPARE A REPORT TO FORM THE BASIS FOR
THE COUNTY'S TEN YEAR PLAN. ADDITIONALLY, THE FIRM OF WHITMAN,
REQUARDT, AND ASSOCIATES, CONSULTING ENGINEERS, WAS ENGAGED TO STUDY AND
INVENTORY POTENTIAL SOLID WASTE DISPOSAL SITES, AND JHK & ASSOCIATES WAS
ENGAGED TO PERFORM TRAFFIC IMPACT ANALYSES OF THE PROPOSED LANDFILL
SITES. THE LATTER THREE CONSULTANTS WERE AVAILABLE TO THE COUNTY
COUNCIL FOR ADDITIONAL SUPPPORT AND ANALYSES DURING ITS EXTENSIVE
DELIERATIONS AND WORKSESSIONS ON THE PLAN.
TO ENSURE CITIZEN INPUT FROM THE BEGINNING, THE COUNTY EXECUTIVE,
WITH THE CONCURRENCE OF THE COUNTY COUNCIL, APPOINTED A SOLID WASTE
ADVISORY PANEL (SWAP). THIS PANEL HELD MANY AND EXTENSIVE MEETINGS AND
WORKSESSIONS, MADE FIELD TRIPS, PARTICIPATED IN MEETINGS WITH CITIZENS,
AND PROVIDED ADVICE AND TESTIMONY TO THE COUNTY EXECUTIVE AND THE COUNTY
COUNCIL.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 025 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106725
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE COUNTY EXECUTIVE, THROUGH HIS STAFF, PROVIDED CONTRACT
SUPERVISION OF CONSULTANT; CONDUCTED COMMUNITY MEETINGS; PREPARED
SUMMARIES OF REPORTS AND DATA AND MATERIALS FOR PUBLIC HEARINGS;
PROVIDED EXTENSIVE SUPPORT TO THE COUNCIL DURING ITS DELIBERATIONS AND
WORKSESSIONS; AND CONDUCTED EXTENSIVE DISCUSSIONS WITH FEDERAL, SATE
AND REGIONAL BODIES. THE COUNCIL SAT JOINTLY WITH THE COUNTY EXECUTIVE
AT THE PUBLIC HEARINGS ON LANDFILL SITES. FINALLY, THE COUNTY EXECUTIVE
PROVIDED THE COUNCIL WITH HIS RECOMMENDATIONS FOR THE TEN YEAR SOLID
WASTE MANAGEMENT PLAN, INCLUDING RECOMMENDED SANITARY LANDFILL SITES.
THE COUNCIL RECEIVED FORMAL COMMENTS ON THE PLAN FROM THE MONTGOMERY
COUNTY PLANNING BOARD OF THE MARYLAND NATIONAL CAPITAL PARK AND PLANNING
COMMISSION AND THE WASHINCTON SUBURBAN SANITARY COMMISSION,
MUNICIPATLITIES, AND PRIVATELY OWNED SOLID WASTE COLLECTION AND DISPOSAL
SERVICES.
THE EXTENSIVE TESTIMONY RECEIVED AT THE PUBLIC HEARINGS ON THE
MANAGEMENT PLAN AND SANITARY LANDFILL SITES IS ON FILE IN THE COUNCIL
OFFICE AS PART OF THE FORMAL HEARING FILES OF RECORD. CITIZEN INPUT WAS
EXTENSIVE, BOTH AT HEARINGS AND AT SUBSEQUENT COUNCIL WORKSESSIONS.
THE MONTGOMERY COUNTY COUNCIL EXTENDS ITS SINCERE APPRCIATION TO THE
COUNTY EXECUTIVE AND HIS STAFF, SWAP, THE CONSULTANTS, THE VARIOUS
FEDERAL, STATE, REGIONAL AND BI-COUNTY AGENCIES, THE CITIZEN GROUPS
WHICH PARTCIPATED, AND THE COUNTY COUNCIL STAFF FOR THEIR EFFORTS IN
ACHIEVING THIS ADOPTED PLAN.
2. PLAN BASES AND CONTENT
THE SELECTED DOCUMENTATION, LISTING THE MAJOR REPORTS, STUDIES AND
OTHER MATERIALS, WHICH SERVED AS THE BASES FOR THE COUNCIL'S DECISIONS
AND THE ADOPTION OF THIS PLAN, ARE LISTED IN APPENDIX 1, BIBLIOGRAPHY,
OF THIS PLAN.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 026 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106726
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
MONTGOMERY COUNTY'S CURRENT SOLID WASTE MANAGEMENT SYSTEM IS
DESCRIBED IN VOLUME IV, EXISTING CONDITIONS AND PROBLEM AREAS, OF THE
POPE, EVANS AND ROBBINS REPORT ON THE TEN YEAR SOLID WASTE MANAGEMENT
PLAN; VOLUME V, ALTERNATIVES, OF THE SAME REPORT ANALYZES ALTERNATIVE
COURSES OF ACTION. THESE VOLUMES MAY BE CONSIDERED FOR PURPOSES OF THIS
PLAN, AS MEETING THE REQUIREMENTS OFSTATE LAW.
THIS PLAN HAS TWO MAJOR PARTS: SECTION III, THE SOLID WASTE
MANAGEMENT SYSTEM FOR THE PERIOD BEGINNING JANUARY 1, 1977;
THE SECOND, SETS FORTH THE SPECIFIC STEPS TO BE TAKEN SUBSEQUENT
TO JANUARY 1974 TO ACHIEVE THE 1977 MANAGEMENT SYSTEM AND
BEYOND. WHEREVER POSSIBLE, SPECIFIC DATES FOR COMPLETION
OF ACTIONS HAVE BEEN PROVIDED.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 027 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106727
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
B. GOALS AND IMPLEMENTATION
THE COUNTY'S ULTIMATE SOLID WASTE-RELATED GOALS ARE TO ESTABLISH A
SOLID WASTE MANAGEMENT SYSTEM THAT:
ENSURES THE HEALTH, SAFETY AND WELFARE OF RESIDENTS AND WORKERS.
PROTECTS THE ENVIRONMENT, AND TERMINATES OR REDUCES TO ACCEPTABLE
LEVELS, EXISTING ENVIROMNENTAL POLLUTION.
IS CAPABLE OF HANDLING ALL SOLID WASTES GENERATED IN THE COUNTY AND
IS READILY EXPANDABLE TO MEET INCREASED FUTURE DEMANDS.
PROVIDES FOR A COMPLETE RESOURCE RECOVERY SYSTEM AS THE BASIC THRUST,
WITH THE CAPABILITY OF INCORPATING EXISTING FEASIBLE TECHNIQUES AND
OTHERS AS THEY DEVELOP AND ARE ECONOMICALLY FEASIBLE.
ENSURES PUBLIC SATISFACTION AS A COST LEVEL THAT THE PUBLIC IS
WILLING TO BEAR.
IS READILY IMPLEMENTABLE.
INCLUDES PARTICIPATION OF AN INFORMED CITIZENRY.
HAS THE MINIMUM ACCEPTABLE IMPACT ON COMMUNITIES.
PROVIDES FOR ENERGY CONSERVATION.
TO ACHIEVE THESE GOALS, THE FUTURE SOLID WASTE MANAGEMENT SYSTEM MUST
PROVIDE FOR:
TECHNIQUES AND PROCEDURES FOR REDUCTION OF THE SOLID WASTE STREAM AT
THE GENERATIN SOURCES.
SYSTEM REDUNDANCY AND "FAIL SAFE" PROCEDURES TO THE MAXIMUM
ECONOMICAL EXTENT FEASIBLE.
SAFE STORAGE EQUIPMENT AND PRACTICES ATALL GENERATING SOURCES.
ADEQUATE COLLECTION SERVICES FOR ALL SOURCES OF WASTE.
TRANSPORTATION AND STORAGE OF WASTES IN A MANNER OF FREE NUISANCES
AND HEALTH HAZARDS, AND MAXIMUM FEASIBLE RELIANCE ON TRANSPORTATION
METHODS AND MODES LEAST DISRUPTIVE TO TO COMMUNITIES.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 028 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106728
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
EFFICIENT AND ENVIROMENTALLY ACCEPTABLE COLLECTION AND PROCESSING OF
WASTES.
MAXIMIZATION OF RESOURCE RECOVERY AS AN INTEGRAL PART OF PROCESSING
OPERATIONS.
EFFICIENT AND ENVIRONMENTALLY SOUND DISPOSAL OF PROCESS RESIDUE OR OF
NON-PROCESSIBLE WASTES.
MODE OF SYSTEM OPERATION IN A MANNER ENSURING EQUITABLE SERVICE TO
ALL RESIDENTS.
ADEQUATE AND SUFFICIENT LOCAL LEGISLATION TO ENFORCE THE SYSTEM AND
AS NECESSARY, STATE LEGISLATION.
OPTIMAL COST RICK BALANCE IN FINANCING THE SYSTEM.
EQUITABLE CHARGES TO ALL USERS TO SUPPORT THE OPERATIONAL
EXPENDITURES OF THE SYSTEM.
EFFECTIVE LONG TERM AND SHORT TERM PLANNING AND UPDATING AS A
BUILT-IN FEATURE OF THE SYSTEM.
MONITORING OF PHYSICAL AND CONTROL ASPECTS OF THE SYSTEM AS AN
INTEGRAL COMPONENT OF THE SYSTEM.
LOCAL GOVERNMENT PERFORMANCE AND OR SUPERVISION OF ALL SOLID WASTE
RELATED ACTIVITIES.
PUBLIC INVOLVMENT IN SOLID WASTE PLANNING, AND EDUCATIONAL PROGRAMS
TO INFORM THE PUBLIC ON ALL ASPECTS OF THE SYSTEM AND TO ASSIST IN
REDUCTION OF THE SOLID WASTE SYSTEM.
INCORPORATION INTO THE NEW SYSTEM OF VALUABLE FEATURES OF THE
EXISTING SYSTEM.
ADHERENCE TO STATE AND FEDERAL LAWS, REGULATIONS AND STANDARDS
PARTICIPATION IN FEDERAL, STATE, AND REGIONAL PLANS AND PROGRAMS
WHERE FEASIBLE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 029 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106729
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
ABBREVIATIONS AV ABANDONED VEHICLES AW AGRICULTURAL WASTES AWT
ADVANCED WASTEWATER TREATMENT PLANT BO BULKY OBJECTS B&0 BALTIMORE AND
OHIO RAILROAD CIP CAPITAL IMPROVEMENTS PROGRAM CPF CENTRAL PROCESSING
FACILITY CS CHEMICAL SLUDGE DEP DEPARTMENT OF ENVIRONMENTAL PROTECTION
DP DISPOSAL POINT FB FLOATAGE AND BEACH DEBRIS FPP FISCAL POLICY PROGRAM
FY FISCAL YEAR GN GENERATIPN NODE G&S GRIT AND SCREENINGS HEAP HIGHWAY
ENVIRONMENTAL ACTION PROGRAM HW HAZARDOUS WASTES MPW MEDICAL AND
PATHOLOGICAL WASTES MMDP MULTI MATERIAL DEPOSIT POINTS OS ORGANIC SLUDGE
OPCP OFFICE OF PLANNING AND CAPITAL PROGRAMMING PEPCO POTOMAC ELECTRIC
POWER COMPANY PER POPE, EVANS AND ROBBINS INCORPORATED PSP PUBLIC
SERVICES PROGRAM SAP SEPARATE ACCEPTANCE POINTS SL SANITARY LANDFILL SS
SEWAGE SOLIDS STP SEWAGE TREATMENT PLANT SW SECURITY WASTES SWAP SOLID
WASTE ADVISORY PANEL TPD TONS PER DAY UT USED TIRES TS TRANSFER STATION
TYP TEN YEAR PLAN WO WASTE OIL
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 030 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106730
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
GENERAL
THE MONTGOMERY COUNTY TEN YEAR SOLID WASTE MANAGEMENT SYSTEM COVERS
THE PERIOD BETWEEN JULY 1974 AND JULY 1984. ADDITIONAL INFORMATION IS
PROVIDED FOR THE PERIOD JANUARY 1974, THROUGH JUNE 1974, TO ENSURE
COMPLETNESS OF DATA, AND TO PROVIDE FULL DELINEATION OF ACTIONS TAKING
PLACE IN THIS TIME FRAME, WHICH WILL IMPINGE ON THE TEN-YEAR PERIOD.
THE PLAN DEALS WITH SYSTEM GOALS AND THE METHODS FOR IMPLEMENTATION
THEREOF, AND THE STORAGE, COLLECTION, PROCESSING TRANSPORTATION DISPOSAL
AND RESOURCE RECOVERY OF GENERAL WASTES, WITH A SEPARATE DISCUSSION OF
MATTERS PECULIAR TO SPECIAL WASTES. THE SYSTEM IS DESIGNATED AS THE
RAIL HAUL-ENERGY RECOVERY SYSTEM.
GOALS
THE ULTIMATE GOAL OF THE SOLID WASTE MANAGEMENT SYSTEM IS COMPLETE
RESOURCE RECOVERY FROM ALL SOLID WASTES. FOR TRUE EFFECTIVENESS,
MATERIALS WHICH NOW END UP IN THE SOLID WASTE STREAM, NEED ALSO TO BE
ADDRESSED BEFORE THEY ENTER INTO THE USER PHASE, AND BEFORE THEY BECOME
WASTE MATERIALS REQUIRING COLLECTION AND DISPOSAL. MANY MATTERS
RELATING THERETO ARE BEYOND THE CAPABILITIES OF MONTOGEMERY COUNTY TO
SOLVE' THEREFORE, THIS PLAN SETS FORTH SPECIFIC GOALS WHICH CAN GE
ACHIEVED, AND THE PROCEDURES FOR IMPLEMENTATION THEREOF. THE GOALS
PROVIDE, THAT THE SOLID WASTE MANAGEMENT SYSTEM WILL; ENSURE THE
HEALTH, SAFETY AND WELFARE OF RESIDENTS AND WORKERS;PROTECT AND IMPROVE
THE ENVIRONMENT; BE ABLE TO HANDLE THE WASTES GENERATED IN THE COUNTY,
AND BE FLEXIBLE ENOUGH TO HANDLE INCREASING DEMANDS AND TO INCORPORATE
NEW PROCESSES AND TECHNIQUES' INCOPRORATE RESOURCE RECOVERY; BE
ACCEPTABLE TO THE PUBLIC, BOTH AS TO METHODS AND COST; BE CAPABLE OF
IMPLEMENTATION; HAVE THE MINIMUM ACCEPTABLE IMPACT ON COMMUNITIES; AND
WILL INCLUDE THE PARTICIPATION OF AN INFORMED CITIZENTRY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 031 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106731
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
SYSTEM COMPONENT DESCRIPTION
STORAGE INCLUDES THE METHODS, PROCEDURES AND EQUIPMENT TO BE USED IN
KEEPING SOLID WASTES IN A SAFE, SANITARY AND EFFICIET MANNER PRIOR TO
COLLECTION. COLLECTION COVERS THAT PORTION OF THE SYSTEM FROM THE TIME
REFUSE IS PICKED UP UNTIL IT IS DELIVERED TO A CENTRAL FACILITY FOR
PROCESSING (OR POSSIBLE DIRECT DELIVERY TO MARKETS FOR SALE.) PROCESSING
INCLUDES THAT SEGMENT OF THE SYSTEM WHICH CHANGES EITHER THE PHYSICAL OR
CHEMICAL CHARACTERISTICS OF THE MIXED MUNICIPAL REFUSE TO PREPARE IT FOR
RESOURCE RECOVERY, ECONOMICAL TRANSPORTATION AND OR ULTIMATE DISPOLAS.
TRANSPORTATION INVOLVES THE TRANSFER OF REFUSE FROM THE PROCESSING
FACITITY (OR IN THE CASE OF CERTAIN WASTES, FROM POSSIBLE INTERMEDIATE
POINTS) TO THE ULTIMATE DISPOSAL POINT. DISPOSAL IS THE SYSTEM SEGMENT
WHICH INCLUDES THE METHODS FOR GETTING RID OF PROCESSED AND
NON-PROCESSIBLE WASTES. RESOURCE RECOVERY IS THAT PORTION OF THE
SYSTEM, WHICH PROVIDES FOR THE REINTRODUCTION OF THE RESOURCES PRESENT
IN SOLID WASTE INTO THE ECONOMY FOR REUSE.
THE SYSTEM COMPONENTS
COLLECTION OF SOLID WASTES IN THE COUNTY WILL BE MANDATORY FOR ALL
SOLID WASTE GENERATIN SOURCES -- RESIDENTIAL, COMMERCIAL AND INDUSTRIAL,
WITH THE POSSIBLE EXCEPTION OF FARM RESIDENCES. THE COUNTY WILL PROVIDE
FOR COLLECTION SERVICES FOR ALL HOUSEHOLD REFUSE GENERATED BY COUNTY
RESIDENCES OF ONE THROUGH SIX DWELLING UNITS, BY MEANS OF CONTRACTS WITH
PRIVATE HAULERS SIMILAR TO THE ONE IN EFFECT IN THE PRESENT COLLECTION
DISTRICT. BULKY OBJECT COLLECTION WILL BE PROVIDED IN THE COUNTY
SYSTEM, EXCEPT FOR COMMERCIALLY AND INDUSTRIALLY GENERATE MATERIALS.
COLLECTION OF COMMERIAL AND INDUSTRIAL WASTES, AND THOSE FROM MULTI-
FAMILY DWELLINGS NOT INCLUDED IN THE COUNTY COLLECTION SYSTEM, WILL BE
PROVIDED BY THE REFUSE GENERATORS DIRECTLY OR THROUGH CONTRACTS WITH
LICENSED HAULERS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 032 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106732
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
FOR THE COLLECTION SYSTEM TO BE PROVIDED FOR BY THE COUNTY THE COUNTY
WILL BE DIVIDED INTO COLLECTION DISTRICTS, AND CONTRACTS AWARDED FOR
EACH DISTRICT. EANCH DISTRICT MIGHT CONTAIN BOTH URBAN AND RURAL AREAS.
URBAN AREAS ARE THOSE HAVING SEWER LINES IN PLACE AND ABUTTING PROPERTY
LINES; ALL OTHER RURAL. URBAN AREAS WILL RECEIVE COLLECTION TWICE A
WEEK; RURAL AREAS ONCE A WEEK. WITHIN EACH DISTRICT THE COST OF THE
COLLECTION CONTRACT WILL BE BORNE UNIFORMALY BY EACH HOUSEHOLDER.
SURVEYS WILL BE CONDUCTED TO: DETERMINE WHETHER TO CONTINUE THE
BACKYARD PICKUP SYSTEM OR PROVIDE FOR CURBSIDE OR ROADSIDE COLLECTION
SERVICE; AND WHETHER IT IS ECONOMICAL AND FEASIBLE TO PROVIDE FOR
SEPERATION AND COLLECTION OF NEWSPAPERS AT THE GENERATING SOURCES.
THE PROCESSING SYSTEM INVOLVES THE SHREDDING OF MIXED MUNICIPAL,
COMMERCIAL AND INDUSTRIAL WASTE -- EXCEPT FOR CONSTRUCTION AND
DEMOLITION DEBRIS --INTO A LIGHT, COMBUSTIBLE FRACTION AND A HEAVY,
NON-COMBUSTIBLE FRACTION, WITH FURTHER SEPARATION OF THE LETTER INTO
MARKETABLE RESOURCES. CONSTRUCTION AND DEMOLITION DEBRIS WILL BE
HANDLED SEPARATELY
THE TRANSPORTATION SYSTEM WILL CONSIST OF RAIL HAUL OF
NON-PROCESSIBLE WASTES AND NON-MARKETABLE PROCESSED RESIDUE TO
OUT-OF-COUNTY DISPOSAL POINTS. RAIL HAUL WILL BE USED TO TRANSPORT THE
PROCESSED, LIGHT, COMBUSTIBLE FRACTION TO PEPCO'S DICKERSON ELECTRIC
POWER GENERATIN SITE, BEGINNING 1978, IF PEPCO IS ELECTED FOR ENERGY
RECOVERY; RAIL HAUL WILL BE USED TO TRANSPORT ALL SOLID WASTED UNTIL
PEPCO IS READY TO ACCEPT THE PROCESSED WASTE. IN THE EVENT ANOTHER FIRM
IS SELECTED TO RECEIVE THE LIGHT FRACTION, RAIL HAUL WILL BE USED, IF
FEASIBLE; OTHERWISE, EITHER THE COUNTY WILL USE LARGE, OVER-THE-ROAD
VEHICLES TO TRANSPORT TO MARKETS OR THE FIRM WILL PROVIDE
TRANSPORTATION. IN ADDITION TO THE PROCEDURED DESCRIBED ABOVE, RAILHAUL
WILL BE USED TO TRANSPORT ALL SOLID WASTE IN THE EVENT OF FAILUFE IN THE
ENERGY RECOVERY SEGMENT OF THE TOTAL SYSTEM.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 033 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106733
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE DISPOSAL SYSTEM INVOLVES LAND RECLAMATION IN OUT-OF-COUNTY
DISPOSAL POINTS FOR THE NON-PROCESSIBLE AND NON-MARKETABLE PROCESSED
WASTES, AND AS INDICATED UNDER TRANSPORTATION, FOR ALL WASTES. THE
LIGHT, COMBUSTIBLE FRACTION WILL BE USED AS AN AUXILIARY FUEL EITHER AT
THE PEPCO PLANT OR A SIMILAR FACILITY. SALEABLE MATERIAL WILL BE
RETURNED TO THE ECONOMIC CYCLE. A BACKUP, EMERGENCY SANITARY LANDFILL
WILL BE USED ONLY IN THE EVENT THERE IS A FAILURE IN THE RAIL HAUL
SEGMENT OF THE SYSTEM AND THE WASTES CANNOT BE ACCOMMODATED AT THE
PROCESSING FACILITY.
THE SOLID WASTE MANAGEMENT SYSTEM RECOVERS THE MAXIMUM RESOURCES
POSSIBLE WITH PRESENT AND FORESEEABLE TECHNOLOGY. THE MANAGEMENT SYSTEM
HAS ADDRESSED: BEVERAGE CONTAINER LEGISLATION, OPERATION OF RECYCLING
CENTERS ON A POLIT BASIS AND EVALUATION THEREOF; SEPARATE COLLECTION
AND MARKETING OF NEWSPAPERS; CENTRALIZED SEPARATION AND MARKETING OF
FERROUS AND NON-FERROUS MATERIALS; SEPARATION AND MARKETING OF THE
LIGHT, COMBUSTIBLE FRACTION FOR ENERGY RECOVERY; AND THE RECLAMATION OF
LAND.
THE APPROVED SYSTEM OF SOLID WASTE HANDLING REPRESENTS A SIGNIFICANT
CHANGE FROM PRESENT HANDLING METHODS, AND MUST BE IMPLEMENTED ON A
TIME-PHASED BASIS. A PLAN OF ACTION HAS BEEN APPROVED SETTING FORTH
SPECIFIC ACTIONS WHICH ARE REQUIRED TO ACHIEVE THE FULL SYSTEM TO BE
ESTABLISHED BY JANUARY 1977. THE CRITICAL PARTS OF THE SYSTEM REQUIRING
EARLY ACTION ARE: THE ESTABLISHMENT OF THE RAIL HAUL SEGMENT BY
DECEMBER 1974 - FEBRUARY 1975; AND THE SELECTION OF THE BACKUP,
EMERGENCY LANDFILL SITE EARLY IN 1974.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 034 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106734
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
A. GENERAL
THIS SECTION CONTAINS THE SOLID WASTE MANAGEMENT SYSTEM FOR THE
PERIOD BEGINNING JANUARY 1, 1977. SECTION IV, PLAN OF ACTION, SETS
FORTH THE SPECIFIC ACTIONS TO BE TAKEN IN THE PERIOD JANUARY 1, 1974 TO
JANUARY 1, 1977 TO ESTABLISH THIS SYSTEM.
THIS SECTION PRESENTS THE METHODS FOR MANAGING THE MAJOR WASTE TYPES:
GENERAL (HOUSEHOLD, COMMERCIAL, AND INDUSTRIAL) AND SPECIAL.
DISCUSSION OF EACH WASTE TYPE IS DIVIDED INTO SEGMENTS CORRESPONDING TO
THE MAJOR SYSTEM COMPONENTS: STORAGE, COLLECTION, TRANSPORTATION,
PROCESSING, DISPOSAL AND RESOURCE RECOVERY.
B. STORAGE OF GENERAL WASTES
1. RESIDENTIAL WASTES.
A. REFUSE CONTAINER SPECIFICATIONS WILL BE IN CONFORMANCE WITH THE
PROVISIONS CONTAINED IN THE MONTGOMERY COUNTY CODE, 1972, CHAPTER 48.
CONTAINERS SHOULD BE VERMIN-PROOF AND WATERPROOF, OF NONCORRODIBLE METAL
OR SIMILAR MATERIAL, AND SHALL BE EQUIPPED WITH TIGHT FITTING LIDS.
B. AN ADDITIONAL STORAGE REQUIREMENT SHOULD BE ADDED TO THE CODE
SPECIFYING THAT NO CONTAINER FOR HOUSEHOLD REFUSE BE OVER 32 GALLONS.
C. THE COUNTY SHOULD DEVELOP A CAPABILITY FOR INSPECTION AND
ENFORCEMENT IN THE DEP.
D. A REQUIREMENT SHOULD BE ADDED TO THE CODE TO PROVIDE FOR SEPARATE
STORAGE OF NEWSPAPERS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 035 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106735
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
2. COMMERCIAL AND INDUSTRIAL WASTES. THE FOLLOWING REQUIREMENTS FOR
STORAGE OF COMMERCIAL AND INDUSTRIAL WASTES SHALL ALSO APPLY TO
MULTI-FAMILY DWELLINGS WHICH ARE NOT INCLUDED IN THE COUNTY COLLECTION
SYSTEM.
A. REFUSE CONTAINER AND MAINTENANCE STANDARDS SHALL BE IN ACCORDANCE
WITH THE PROVISIONS CONTAINED IN THE MONTGOMERY COUNTY CODE, 1972.
B. ACCEPTABLE STORAGE METHODS SHALL INCLUDE, BUT NOT BE LIMITED TO,
BIN-TYPE DETACHABLE CONTAINERS, COVERED ROLL-OFF CONTAINERS AND
COMPACTORS USED WITH THESE CONTAINERS.
C. THE COUNTY CODE SHOULD BE MODIFIED TO PROVIDE FOR SEPARATE
STORAGE OF NEWSPAPERS.
D. THE COUNTY CODE WILL BE MODIFIED TO PREVENT THE STORAGE OF REFUSE
WHICH IS PUTRESCIBLE, PRODUCES ODORS, DUST OR LITTER OR PROVIDES
HARBORAGE FOR VECTORS IN OPEN-TOP REFUSE CONTAINERS.
E. INSPECTORS FROM THE DEP SHALL BE PROVIDED TO INSPECT CONTAINERS
FOR COMPLIANCE WITH THE COUNTY CODE AND BE EMPOWERED TO ISSUE SUMMONSES.
F. THEIR INSPECTIONS WILL BE PERFORMED BOTH ON A GENERAL SCALE (AS
THE CURRENT EXAMINATION OF STORAGE IN RESTAURANTS) AND ON A SPOT CHECK
BASIS.
C. COLLECTION OF GENERAL WASTES
1. RESIDENTIAL WASTES.
A. OPERATIONAL
(1) MANDATORY COLLECTION SERVICE WILL BE INSTITUTED FOR ALL
RESIDENCES IN MONTGOMERY COUNTY WITH THE POSSIBLE EXCEPTION OF FARM
RESIDENCES.
(2) THE COUNTY WILL PROVIDE FOR COLLECTION SERVICE FOR ALL HOUSEHOLD
REFUSE GENERATED BY ALL COUNTY RESIDENCES OF ONE THROUGH SIX DWELLING
UNITS.
(3) THE COUNTY SHOULD OFFER THE OPTION TO PARTICIPATE IN THE COUNTY
COLLECTION SYSTEM TO MUNICIPELITIES AND SPECIAL TAX AREAS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 036 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106736
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(4) THE COUNTY SHOULD CONSIDER OFFERING THE OPTION TO PARTICIPATE IN
THE COUNTY COLLECTION SYSTEM TO MULTI-FAMILY DWELLINGS OVER SIX UNITS ON
A SEPARATELY NEGOTIATED BASIS, AFTER THE BASIC COLLECTION SERVICE HAS
BEEN ESTABLISHED.
(5) THE COUNTY SHALL PROVIDE AT LEAST THE MINIMUM LEVEL OF SERVICE
REQUIRED TO PREVENT HEALTH HAZARDS. THIS LEVEL OF SERVICE IS
ONCE-PER-WEEK COLLECTION FROM RESIDENCES IN RURAL AREAS AND
TWICE-PER-WEEK COLLECTION FROM RESIDENCES IN URBAN AREAS.
(6) THE COUNTY WILL PROVIDE FOR MINIMUM SERVICES, INCLUDING
COLLECTION OF ALL RESIDENTIAL BULKY OBJECTS EXCEPT COMMERCIALLY
GENERATED CONSTRUCTION AND DEMOLITION DEBRIS. SUCH COLLECTIONS SHOULD
BE SCHEDULED FOR URBAN AREAS ON A MONTHLY BASIS AND SHOULD OCCUR
REGULARLY WITHOUT THE NEED TO REQUEST SUCH SERVICE. ON-CALL SERVICE
SHOULD BE PROVIDED IN RURAL AREAS.
(7) IN CONSIDERATION OF THE TOTAL COLLECTION SYSTEM COSTS, THE COUNTY
WILL DECIDE WHETHER TO CONTINUE THE BACKYARD PICK-UP SYSTEM OR PROVIDE
FOR CURBSIDE OR ROADSIDE COLLECTION SERVICE. THIS DECISION WILL BE
BASED ON THE RESULTS OF A SU-VEY DURING THE PERIOD 1974-75.
(8) THE COUNTY WILL BE DIVIDED INTO COLLECTION DISTRICTS. EACH
COLLECTION DISTRICT WILL CONSIST OF A SUFFICIENT NUMBER OF RESIDENCES TO
BE INCLUDED INTO SUFFICIENT ROUTES FOR THE EFFICIENT UTILIZATION OF
COLLECTION VEHICLES AND PERSONNEL AT THE REQUIRED FREQUENCY.
(9) THE NUMBER OF COLLECTION DISTRICTS WILL BE ESTABLISHED. THIS
NUMBER WILL BE DETERMINED AFTER CAREFUL STUDY OF SUCH FACTORS AS
GEOGRAPHY, POPULATION DENSITY, HAULING DISTANCE TO DISPOSAL AREAS, AND
PATTERNS ALREADY ESTABLISHED IN THE INDUSTRY. THIS NUMBER SHOULD BE
LARGE ENOUGH TO ENSURE COMPETITIVE BIDDING AS REQUIRED BY THE COUNTY
CHARTER AND SMALL ENOUGH TO PREVENT EXCESSIVE ADMINISTRATIVE PROBLEMS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 037 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106737
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(10) COLLECTION DISTRICTS SHOULD BE OF TWO TYPES: PRIMARILY URBAN OR
PRIMARILY RURAL.
(11) COLLECTION DISTRICT SUBDIVISIONS WHICH ARE OF A DIFFERENT TYPE
THAN THE COLLECTION DISTRICTS AS A WHOLE WILL BE IDENTIFIED. (AN
EXAMPLE IS HOUSING DEVELOPMENTS OF AN URBAN NATURE WITHIN A RURAL
COLLECTION DISTRICT.)
(12) COLLECTION WILL BE PERFORMED BY PUBLICLY CONTRACTED HAULING
COMPANIES, THAT WILL BID TO PROVIDE SERVICES TO EACH COLLECTION
DISTRICT, WITH THE POSSIBLE EXCEPTION OF THE "MODEL" COLLECTION
DISTRICT. (SEE PARAGRAPH C.1. F.(4) BELOW.)
(13) THERE WILL BE ESTABLISHED A MAXIMUM NUMBER OF RESIDENCES TO BE
SERVICED BY ANY ONE COLLECTOR.
(14) RESIDENTIAL BULKY OBJECT COLLECTION WILL BE PROVIDED EITHER BY
THE COUNTY DIRECTLY OR BY THE CONTRACT HAULERS. THE DICISION ON THIS
MATTER WILL BE MADE AFTER A STUDY SCHEDULED FOR THE PERIOD 1974-75 HAS
BEEN COMPLETED.
B. PLANNING
(1) THE DELINESTION OF COLLECTION DISTRICTS WILL BE PERFORMED BY THE
OFFICE OF PLANNING AND CAPITAL PROGRAMMING (OPCP). IN THE DEVELOPMENT
OF COLLECTION DISTRICTS, OPCP SHOULD SECURE COMMENTS AND RECOMMENDATIONS
OF THE PUBLIC AND THE INDUSTRY THROUGH THE PUBLIC HEARING PROCESS.
THERE SHOULD BE ESTABLISHED A REFUSE COLLECTION ADVISORY COMMITTEE
INCLUDING REPRESENTATIVES OF THE GENERAL PUBLIC, THE INDUSTRY AND THE
GENERAL GOVERNMENT.
(2) SEWER AREA #1, AS DESIGNATED IN THE SEWERAGE SERVICE CATEGORIES
MAP OF THE TEN YEAR WATER AND SEWER PLAN, WILL BE USED TO DESIGNATE
AREAS TO RECEIVE TWICE-A-WEEK COLLECTION SERVICE. THUS ANY DWELLINGS
WITH SEWER LINES IN PLACE AND ABUTTING THE PROPERTY LINE WOULD BE
ENTITLED TO TWICE-WEEKLY COLLECTION.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 038 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106738
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(3) THE OPCP WILL REVIEW ALL COLLECTION DISTRICTS PRIOR TO BIDDING
FOR COLLECTION CONTRACTS TO DETERMINE REDEFINITION OF CLASSIFICATION,
WHETHER URBAN OR RURAL, AND REDESIGNATION OF COLLECTION DISTRICT
BOUNDARIES, WHERE NECESSARY.
C. ADMINISTRATIVE
(1) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) WILL ASSUME
RESPONSIBILITY FOR COLLECTION SERVICES; WILL ACT AS THE REGULATORY
AGENCY ENSURING THAT ALL REFUSE COLLECTION PRACTICES COMPLY WITH THE
COUNTY CODE; AND WILL ACT AS CONTRACT ADMINISTRATOR.
D. LECAL
(1) THE COUNTY COUNCIL WILL ESTABLISH, AND REVISE AS NECESSARY,
COLLECTION DISTRICTS THROUGH LEGISLATION RECOMMENDED BY THE COUNTY
EXECUTIVE.
(2) ALL REGULATORY ISSUES DEALING WITH ENVIRONMENTAL AND OTHER
NON-PERFORMANCE MATTERS WILL GENERALLY BE INCLUDED IN THE COUNTY CODE,
AND SPECIFIC GUIDELINES WILL BE PROMULGATED THROUGH THE USE OF EXECUTIVE
REGULATIONS.
(3) THOSE MATTERS CONCERNED WITH OPERATION AND PERFORMANCE OF
COLLECTION WILL BE INCLUDED IN THE CONTRACT, AND WILL BE THE SAME FOR
ALL CONTRACTS.
(4) EXECUTIVE REGULATIONS OR CODE CHANGES, AS APPROPRIATE, WILL BE
ISSUED TO REFLECT THE FORMATION OF COLLECTION DISTRICTS AND DESIGNATION
OF AUTHORITY TO CONTROLLING AGENCIES. THE BASIS FOR CHANGE OF URBAN
AREAS IN THE RURAL COLLECTION DISTRICTS WILL BE SET FORTH IN EXECUTIVE
REGULATIONS.
(5) THE DEP WILL PREPARE CONTRACT DOCUMENTS FOR THE REFUSE-HAULING
COMPANIES TO POST BONDS GUARANTEEING SERVICE. THE VALUE OF SUCH A BOND
FOR EACH COLLECTION DISTRICT SHOULD BE HIGH ENOUGH TO COVER THE
DIFFERENTIAL COSTS THE COUNTY WOULD ENCOUNTER, SHOULD A CONTRACTOR
SUSPEND OPERATIONS OR BE DISCHARGED FOR FAILURE TO COMPLY WITH EXISTING
REGULATIONS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 039 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106739
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
E. FINANCIAL
(1) BIDS FOR EACH COLLECTION DISTRICT WILL BE BASED ON DWELLING
INFORMATION ISSUED TO BIDDERS BY THE COUNTY AND BE QUOTED AS
PRICE-PER-HOUSEHOLD, PER-MONTH.
(2) THE QUOTED RATE PER HOUSEHOLD WILL INCLUDE PICK-UPS OF BULKY
OBJECTS, EXCLUDING COMMERCIALLY GENERATED CONSTRUCTION AND DEMOLITION
DEBRIS, IF IT IS DECIDED THAT COLLECTION WILL BE MADE BY COUNTY CONTRACT
HAULERS.
(3) COLLECTION CHARGES TO HOMEOWNERS WILL REFLECT TOTAL COLLECTION
COSTS FOR THE DISTRICT.
(4) COLLECTION CHARGES TO EACH RESIDENCE IN A COLLECTION DISTRICT
WILL BE BASED ON THE BID PRICE FOR THAT COLLECTION DISTRICT.
F. MONITORING
(1) THE DEP SHALL EVALUATE THE RELIABILITY, PERFORMANCE, AND WHERE
APPLICABLE THE FINANCIAL ASPECTS, OF ALL BIDDERS AND RE-BIDDERS ON
CONTRACTS. WHEREVER POSSIBLE, THE EVALUATION SHALL INCLUDE MONITORING
OF PERFORMANCE. THE EVALUATION SHALL BE USED IN DETERMINING THE
ELIGIBILITY OF CONTRACTORS AND SHALL BE AVAILABLE TO THE PUBLIC. IN
AWARDING CONTRACTS, THE EXECUTIVE WILL CONSIDER THE EFFICIENCY,
EXPERIENCE, AND ECONOMICS, RELIABILITY AND PERFORMANCE OF EXISTING
RESIDENTIAL COLLECTORS NOW OPERATING IN MONTGOMERY COUNTY WHO BID.
(2) THE DEP WILL INSPECT COLLECTION VEHICLES EACH YEAR WHEN PERMIT
RENEWAL IS REQUIRED; INSPECTORS WILL BE PROVIDED WITH AUTHORITY TO
ISSUE SUMMONSES, TO ENSURE COMPLIANCE WITH STANDARDS BETWEEN ANNUAL
INSPECTIONS; AND ALL COLLECTORS WILL BE REQUIRED TO SUBMIT QUARTERLY
STATEMENTS REGARDING VEHICLE CONDITION TO THE DEP.
(3) THE DEP WILL PROVIDE INSPECTORS FOR MONITORING COLLECTION
PROCEDURES; INSPECTORS WILL BE REQUIRED TO REPORT CORRECTIVE ACTIONS TO
BE TAKEN FOR VIOLATIONS OF CONTRACT TERMS; AN UPDATED LIST WITH ALL
RESIDENCES SERVICED BY EACH CONTRACT WILL BE FILED WITH THE DEP AT ALL
TIMES.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 040 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106740
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(4) CONSIDERATION WILL BE GIVEN TO ESTABLISHING ONE MODEL COLLECTION
DISTRICT OPERATED BY THE DEP, OR A PRIVATE CONTRACTOR, WHICHEVER IS MORE
ECONOMICAL AND FEASIBLE, AND MORE SUSCEPTIBLE TO EVALUATION AND
COMPARISON WITH OTHER DISTRICTS. THE PURPOSE WOULD BE: TO PROVIDE A
YARDSTICK BY WHICH BIDS OFFERED BY CONTRACTORS, AND CONTRACTORS'
PERFORMANCE STANDARDS CAN BE MEASURED; AND TO PROVIDE AN AREA WHERE NEW
AND INNOVATIVE TECHNIQUES MAY BE TESTED AND EVALUATED.
(5) THE DEP WILL DESIGNATE PERSONNEL TO HANDLE CITIZEN COMPLAINTS
REGARDING REFUSE COLLECTION, AND PROVIDE ADEQUATE AND PERIODIC
DISSEMINATION OF THE INFORMATION TO CITIZENS, BY THE VARIOUS MEANS
AVAILABLE TO THE COUNTY.
2. CONTROLLED INDUSTRIAL WASTES. THE FOLLOWING PROCEDURES FOR
COLLECTION OF COMMERCIAL AND INDUSTRIAL WASTES SHALL ALSO APPLY TO
MULTI-FAMILY DWELLINGS WHICH ARE NOT INCLUDED IN THE COUNTY COLLECTION
SYSTEM.
A. OPERATIONAL
(1) REGULARLY SCHEDULED COLLECTION SERVICE WILL BE MANDATORY FOR ALL
SOURCES, EXCEPT FOR COMMERCIALLY GENERATED CONSTRUCTION AND DEMOLITION
DEBRIS IN WHICH CASE PARAGRAPHS 2A(2) # 2A(3) BELOW, WOULD APPLY.
(2) REFUSE REMOVAL FREQUENCY WILL BE IN ACCORDANCE WITH THE QUANTITY
AND TYPE OF WASTES GENERATED AND THE ON SITE STORAGE CAPACITY OF THE
GENERATOR.
(3) REFUSE GENERATORS WILL EITHER PROVIDE COLLECTION SERVICES OR
CONTRACT WITH LICENSED HAULERS FOR COLLECTION.
B. ADMINISTRATIVE. THE DEP WILL ACT AS THE REGULATORY AGENCY
ENSURING THAT ALL REFUSE COLLECTION PRACTICES COMPLY WITH THE APPLICABLE
LAWS AND REGULATIONS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 041 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106741
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
C. LEGAL
(1) ALL COLLECTORS WILL BE SUBJECT TO THE SAME CODE PROVISIONS AND
EXECUTIVE REGULATIONS.
(2) COMMERCIAL AND INDUSTRIAL REFUSE GENERATORS, INCLUDING THOSE
GENERATING COMMERCIALLY GENERATED CONSTRUCTION AND DEMOLITION DEBRIS,
AND ALL HAULERS MUST OBTAIN A PERMIT.
D. FINANCIAL. ADMINISTRATIVE COSTS TO THE COUNTY WILL BE PAID BY
FEES CHARGED TO ALL INDIVIDUALS AUTHORIZED TO COLLECT REFUSE FROM
COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS AND MULTI-FAMILY DWELLINGS
EXCLUDED FROM COUNTY-SPONSORED COLLECTIONS.
E. MONITORING
(1) THE DEP COLLECTION-VEHICLE INSPECTION PROGRAM, AS DESCRIBED FOR
THE COLLECTION OF RESIDENTIAL WASTES, WILL BE APPLICABLE TO ALL
COLLECTION VEHICLES.
(2) VEHICLE TAGS WILL BE AFFIXED PERMANATELY TO VEHICLES WITH
PERMITS, TO AVOID UNAUTHORIZED COLLECTION VEHICLES.
D. TRANSPORTATION OF GENERAL WASTES
THESE PROCEDURES APPLY TO RESIDENTIAL, INDUSTRIAL AND COMMERCIAL
WASTES. THE METHOD OF TRANSPORTATION SHALL BE CONSISTENT WITH THE
APPROVED RAIL HAUL-ENERGY RECOVERY PROCESSING AND DISPOSAL SYSTEM. THE
SYSTEM IS SUMMARIZED HERE.
-86 PERCENT BY WEIGHT OF ALL WASTES WILL BE COLLECTED FROM THE
GENERATING SOURCES AND DELIVERED TO AND PROCESSED AT THE CENTRAL
PROCESSING FACILITY, THE SITE OF WHICH WILL HAVE BEEN DETERMINED IN
1974.
-70 PERCENT BY WEIGHT OF ALL WASTES, CONSISTING OF THE LIGHT FRACTION
OF THE PROCESSED WASTES, WILL BE DELIVERED FROM THE CENTRAL PROCESSING
FACILITY TO MARKETS.
-10 TO 16 PERCENT BY WEIGHT OF ALL WASTES, THE HEAVY FRACTION, WILL
BE PROCESSED FOR RESOURCE RECOVERY. THE MARKETABLE PORTIONS WILL BE
SOLD LOCALLY OR SHIPPED TO THEIR UTILIZATION POINTS. THE NON-MARKETABLE
PORTIONS WILL BE BALED, WHERE APPROPRIATE, AND HAULED BY RAIL TO A
SPECIFIED DISPOSAL POINT(S). IN THE EVENT MARKETS ARE NOT AVAILABLE,
THE ENTIRE 10 TO 16 PERCENT FRACTION WILL BE BALED, WHERE APPROPRIATE,
AND RAIL-HAULED.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 042 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106742
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
-14 PERCENT BY WEIGHT OF THE SOLID WASTE (CONSTRUCTION DEBRIS), WILL
BE COLLECTED FROM THE GENERATING NODES AND DELIVERED DIRECTLY TO THE
CENTRAL PROCESSING FACILITY FOR BALING, WHERE APPROPRIATE, AND
RAIL-HAUL.
-IN THE EVENT OF ANY FAILURE OR CESSATION OF OPERATIONS AT THE ENERGY
RECOVERY FACILITY, AND WASTES CANNOT BE ACCOMMODATED AT THE CENTRAL
PROCESSING FACILITY, ALL WASTES DESIGNATED FOR THE ENERGY RECOVERY
PROJECT WILL BE RAIL-HAULED.
-ASSUMING THE CONTINUING VIABILITY OF THE PROGRAM FOR SEPARATION,
COLLECTION AND SALE OF NEWSPAPERS TO BE INSTITUTED IN THE 1974-75
PERIOD, THE 86% OF WASTES TO BE PROCESSED, AND THE 70% LIGHT FRACTION TO
ENERGY RECOVERY CITED ABOVE, WILL BE REDUCED IN PROPORTION.
-THE DESIGNATED LANDFILL SITE TO BE SELECTED EARLY IN 1974 WILL BE
USED ONLY IN EMERGENCIES.
1. OPERATIONS
A. COLLECTION VEHICLES WILL TRANSPORT WASTES FROM THE GENERATING
NODES DIRECTLY TO THE CENTRAL PROCESSING FACILITY. ONE OR MORE RAIL
TRNASFER FACILITIES MAY BE BUILT IF DURING THE 1974-75 PERIOD IT IS
FOUND TO BE MORE ECONOMICAL AND EFFICIENT TO DO SO.
B. THE LIGHT FRACTION OF PROCESSED WASTES WILL BE TRANSPORTED FROM
THE CENTRAL PROCESSING FACILITY TO MARKETS BY RAIL AS FIRST PRIORITY AND
IN THE EVENT THAT MARKETS CANNOT BE REACHED BY RAIL, BY LARGE-CAPACITY,
OVER-THE-ROAD VEHICLES.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 043 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106743
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
C. THE MARKETABLE PORTION OF THE HEAVY FRACTION OF THE WASTE WILL BE
TRANSPORTED FROM THE CENTRAL PROCESSING FACILITY TO THE RECEIVING
POINT(S) BY LARGE-CAPACITY, OVER-THE-ROAD VEHICLES; IF FEASIBLE AND
ECONOMICAL, RAIL HAUL MAY BE USED. THE NON-MARKETABLE PORTION OF THE
HEAVY FRACTION WILL BE RAIL-HAULED FROM THE CENTRAL PROCESSING FACILITY
TO THE DISPOSAL POINT(S).
D. THE NON-PROCESSIBLE WASTES WILL BE TRANSPORTED FROM THE
GENERATING NODES TO THE CENTRAL PROCESSING FACILITY THENCE BY RAIL TO
THE DISPOSAL POINTS.
2. CONTROL
A. OPERATIONAL
(1) THE COUNTY WILL OPERATE THE TRANSPORTATION SYSTEM, INCLUDING
RECEIVING AND TRANSFER OPERATIONS AT THE CENTRAL PROCESSING FACILITY;
RECEIVING OPERATIONS AT THE DICKERSON DISPOSAL POINT, IF SO SELECTED AND
AT THE EMERGENCY SANITARY LANDFILL; AND ALL TRANSPORT VEHICLES EXCEPT
THOSE ALSO USED FOR COLLECTION AND POSSIBLE RAIL CARS. THE RAIL HAUL
RECEIVING FACILITY OPERATIONS WILL BE DETERMINED DURING 1974.
(2) THE COUNTY WILL ORGANIZE AND OPERATE SEPARATE ACCEPTANCE POINTS
AT THE COUNTY WASTE ACCEPTANCE FACILITIES. THESE POINTS WILL CONSIST OF
TRANSFER CONTAINERS WHERE PRIVATE CITIZENS ONLY CAN DELIVER BULKY
WASTES, CONSTRUCTION DEBRIS, OR OTHER WASTES AS APPROPRIATE. THESE
ACCEPTANCE POINTS WILL HAVE ACCESS SEPARATE FROM THE MAIN ACCEPTANCE
FACILITIES' ACCESS, SO THAT THE TWO SETS OF OPERATIONS DO NOT INTERFERE
WITH EACH OTHER.
(3) THE COUNTY WILL ISSUE MAPS AND POST SIGNS INDICATING THE BEST
ROUTES TO THE COUNTY'S ACCEPTANCE FACILITIES. THE COUNTY WILL DESIGNATE
THE MAJOR ROAD APPROACHES TO THE FACILITIES WHICH ARE TO BE USED BY
CONTRACTORS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 044 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106744
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
B. ADMINISTRATIVE. THE COUNTY WILL IMPLEMENT THE PROPOSED
TRANSPORTATION SECTION OF THE DIVISION OF SOLID WASTE MANAGEMENT OF DEP
TO BE IN CHARGE OF ALL COMPONENTS OF THE TRANSPORTATION SYSTEM EXCEPT
THOSE INVOLVING COLLECTION VEHICLES.
C. PLANNING. OPERATIONAL PLANNING (MANPOWER, MACHINERY, BUDGETS)
WILL BE THE RESPONSIBILITY OF THE DEP.
D. FINANCIAL
(1) THE COUNTY WILL OWN ALL FACILITIES AND VEHICLES INVOLVED IN
TRANSPORTATION, EXCEPT COLLECTION VEHICLES AND POSSIBLY RAIL CARS.
(2) CHARGES FOR ALL TRANSPORTATION COSTS INCURRED BETWEEN THE
GENERATING SOURCES AND THE CENTRAL PROCESSING FACILITY OR THE EMERGENCY
SANITARY LANDFILL WILL BE PART OF COLLECTION CHARGES.
(3) CHARGES FOR ALL OTHER TRANSPORTATION COSTS WILL BE PART OF
DISPOSAL CHARGES. THESE OTHER TRANSPORTATION COSTS REFER TO TRANSFER
OPERATIONS AT THE CENTRAL PROCESSING FACILITY AND THE DISPOSAL POINT;
TRANSPORT FROM THE CENTRAL PROCESSING FACILITY TO THE DISPOSAL POINT;
AND FROM THE CENTRAL PROCESSING FACILITY TO THE EMERGENCY LANDFILL WHEN
IN OPERATION; TRANSPORT FROM THE CENTRAL PROCESSING FACILITY OF
RECOVERABLE RESOURCES TO RECEIVING POINTS; AND OPERATIONS BETWEEN THE
SPECIAL ACCEPTANCE POINTS AT THE CENTRAL PROCESSING FACILITY AND THE
EMERGENCY SANITARY LANDFILL FOR WASTE DELIVERED BY PRIVATE CITIZENS.
E. MONITORING
(1) MONITORING OF THE TRANSPORTATION SYSTEM WILL INCLUDE CHECKING THE
PHYSICAL CONDITION OF THE TRANSFER STATION AND COUNTY OWNED TRUCKS;
KEEPING RECORDS OF THE NUMBER OF TRUCKS AND CONTAINERS USED; AND
MAINTAINING RECORDS OF EXPENSE-RELATED ITEMS SUCH AS THROUGHPUT
QUANTITIES (SUCH AS TOTAL THROUGHPUT, TONNAGE/BALES TO MARKETS AND
TONNAGE/BALES TO RAIL HAUL,) FUEL CONSUMPTION, MANPOWER USAGE, AND
ROAD-MILES TRAVELED.
(2) MONITORING WILL BE THE RESPONSIBILITY OF THE DEP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 045 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106745
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
E. PROCESSING OF GENERAL REFUSE
THE SYSTEM SET FORTH BELOW APPLIES TO RESIDENTAIL, INDUSTRIAL AND
COMMERCIAL WASTES.
1. OPERATIONS. SOLID WASTE WILL BE PROCESSED USING THE RAIL HAUL
ENERGY-RECOVERY SYSTEM. THE MAJOR PROCESSING STEPS ARE PRESENTED BELOW.
(REFER TO TABLE 1 FOR THE MATERIAL BALANCE.)
TABLE 1. -- MONTGOMERY COUNTY RAIL HAUL-ENERGY RECOVERY SYSTEM
MATERIAL BALANCE
TABLE OMITTED.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 046 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106746
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
A. CENTRAL PROCESSING FACILITY
(1) GENERAL SOLID WASTE (LESS NEWSPAPERS WHEN APPLICABLE) AND BULKY
OBJECTS REPRESENTING 86 PERCENT BY WEIGHT OF THE COUNTY'S WASTES ARE
RECEIVED AT THE CENTRAL PROCESSING FACILITY.
(2) WASTES ARE SHREDDED.
(3) FERROUS METALS ARE MAGNETICALLY REMOVED.
(4) NON-FERROUS METALS, GLASS, AND OTHER HEAVY FRACTIONS ARE
SEPARATED FROM THE LIGHT FRACTION THROUGH AIR CLASSIFICATION, AND
FURTHER PROCESSED AND MARKETED. THE NON-MARKETABLE HEAVY FRACTION IS
RAIL-HAULED TO THE OUT-OF-COUNTY DISPOSAL POINT(S).
(5) THE LIGHT FRACTION WILL BE TRANSPORTED TO MARKET BY RAIL AS FIRST
PRIORITY. IN THE EVENT THE MARKETS CANNOT BE REACHED BY RAIL, THEN
LARGE CAPACITY, OVER-THE ROAD VEHICLES WILL BE USED.
(6) THE NON-PROCESSIBLE WASTE (CONSTRUCTION AND DEMOLITION DEBRIS)
WILL BE RAIL-HAULED TO THE OUT-OF-COUNTY DISPOSAL POINT(S).
(7) IN THE EVENT OF ANY FAILURE OR CESSATION OF OPERATIONS IN THE
ENERGY RECOVERY PART OF THE SYSTEM, AND WHERE THE WASTES CANNOT BE
ACCOMMODATED AT THE CPF, THE LIGHT FRACTION MAY BE MARKETED ELSEWHERE,
AND IF NOT POSSIBLE WILL BE RAIL-HAULED TO OUT-OF-COUNTY DISPOSAL
POINT(S). IN THE EVENT MARKETS ARE NOT AVAILABLE FOR THE LIGHT FRACTION
WHEN THE CPF BEGINS OPERATION, THIS MATERIAL WILL BE RAIL-HAULED TO
OUT-OF-COUNTY DISPOSAL POINT(S) UNTIL MARKETS ARE DEVELOPED.
(8) THE CENTRAL PROCESSING FACILITY WILL HAVE THE CAPABILITY OF
PROCESSING ANY FRACTION OR THE ENTIRE WASTE STREAM FOR BALING, IF
APPROPRIATE, AND PREPARATION FOR RAIL-HAUL.
(9) PROVISION WILL BE MADE FOR 3-5 DAY STORAGE OF PROCESSED WASTE AT
THE CENTRAL PROCESSING FACILITY.
B. DISPOSAL POINT(S) FOR LIGHT FRACTION
(1) THE LIGHT FRACTION MAY BE TRANSPORTED TO MARKETS, INCLUDING THE
PEPCO DICKERSON POWER GENERATING PLANT, (CURRENTLY SCHEDULED TO BE
EXPANDED BY JANUARY 1978) FOR BURNING FOR ENERGY RECOVERY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 047 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106747
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(2) IN THE EVENT THE PEPCO PLANT IS SELECTED FOR THE DISPOSAL POINT,
THE LIGHT FRACTION SHIPPED FROM THE CENTRAL PROCESSING FACILITY IS
RECEIVED, DISCHARGED FROM THE RAIL CARS, AND CONVEYED TO A REPROCESSING
POINT (AND RECONSTITUTED IF NECESSARY AS SHREDDED MATERIAL) THENCE TO A
STORAGE BIN, AND THEREAFTER TO A SURGE BIN NEXT TO THE PEPCO BOILERS.
C. RAIL HAUL. SOLID WASTE AS SET FORTH IN PARAGRAPH E 1.A(4) AND E
1.A(6),(7) AND (8) ABOVE, WILL BE DELIVERED TO THE RAIL SHIPMENT POINT
AND TRANSPORTED TO THE DISPOSAL SITE(S) FOR LAND RECLAMATION OUTSIDE OF
THE COUNTY.
THE PROCESSING SYSTEM SET FORTH ABOVE, ELIMINATES USE OF THE
SOUTHLAWN INCINERATOR WHICH WILL NOT BE UPGRADED IN ANY WAY.
2. CONTROL.
A. OPERATIONAL. THE CENTRAL PROCESSING FACILITY WILL BE OPERATED BY
THE COUNTY. IN THE EVENT THAT THE PEPCO PLANT IS SELECTED FOR THE
DISPOSAL POINT OF THE LIGHT FRACTION, THE DISPOSAL FACILITIES WILL BE
OPERATED BY THE COUNTY.
B. ADMINISTRATIVE. THE DEP WILL BE IN CHARGE OF THE ENTIRE
PROCESSING SYSTEM THAT TAKES PLACE AT THE CENTRAL PROCESSING FACILITY,
AND THE DICKERSON DISPOSAL POINT IF THAT POINT IS SELECTED.
C. PLANNING. OPERATIONAL PLANNING (MANPOWER, MACHINERY, BUDGETS)
WILL BE THE RESPONSIBILITY OF THE DEP.
D. FINANCIAL
(1) THE COUNTY WILL OWN ALL FACILITIES AND EQUIPMENT INVOLVED IN THE
PROCESSING SYSTEM.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 048 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106748
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(2) A DUMPING FEE WILL BE CHARGED, AND MAY BE WAIVED BY REGULATION
FOR SMALL LOADS BY PRIVATE VEHICLES.
(3) THE COUNTY COUNCIL WILL REVIEW DURING THE ANNUAL BUDGET
DECISIONS, THE CHARGES TO BE APPLIED, WHICH MAY INCLUDE ALL PROCESSING
AND DISPOSAL COSTS.
E. MONITORING
(1) ALL WASTES DELIVERED TO THE CENTRAL PROCESSING FACILITY,
INCLUDING THOSE COLLECTED IN THE CONTAINERS INSTALLED AT THE SEPARATE
ACCEPTANCE POINTS, WILL BE WEIGHED AND WEIGHTS RECORDED.
(2) THE COUNTY WILL REPLACE ITS MANUAL WEIGHT RECORDING, CAR
COUNTING, AND BILLING SYSTEM WITH A COMPUTERIZED SYSTEM.
(3) THE COUNTY WILL PERFORM PERIODIC REFUSE COMPOSITION ANALYSES.
(4) THE COUNTY WILL SURVEY AND RECORD QUANTITIES OF WASTES GENERATED
BY THOSE SOURCES PRESENTLY NOT DELIVERING TO THE COUNTY'S DISPOSAL
FACILITIES, BUT THAT MIGHT BECOME FUTURE USERS OF THESE FACILITIES.
(5) MONITORING OF THE PROCESSING SYSTEM WILL INCLUDE CHECKING THE
PHYSICAL CONDITION OF THE PROCESSING FACILITY; CHECKING THE PERFORMANCE
OF ALL UNIT OPERATIONS AND PROCESSES; MAINTAINING RECORDS OF QUANTITIES
OF WASTE DELIVERED; AND MAINTAINING RECORDS OF EXPENSE-RELATED ITEMS.
F. DISPOSAL OF NON-PROCESSIBLE WASTES AND NON-MARKETABLE PROCESS
RESIDUES
THE FOLLOWING PROVISIONS WILL APPLY TO NON-PROCESSIBLE WASTES AND
UNSOLD PROCESSED WASTES RESIDUES FOR GENERAL WASTES GENERATED BY
RESIDENTIAL, INDUSTRIAL, AND COMMERCIAL SOURCES.
1. OPERATIONS
A. THE PROCESS RESIDUE (THE UNSOLD PORTION OF THE HEAVY FRACTION
SEPARATED AT THE CENTRAL PROCESSING FACILITY) AND THE NON-PROCESSIBLE
WASTES (MAINLY CONSTRUCTION AND DEMOLITION DEBRIS AND SOILS) WILL BE
RAIL HAULED TO AN OUT-OF-COUNTY DISPOSAL POINT FOR LAND RECLAMATION.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 049 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106749
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
B. IN THE EVENT OF ANY FAILURE IN RAIL HAUL OPERATIONS AND THE
INABILITY TO HANDLE STORAGE OF THE WASTES AT THE CENTRAL PROCESSING
FACILITY, THE WASTES WILL BE TRANSPORTED TO THE EMERGENCY LANDFILL.
G. RESOURCE RECOVERY
1. OPERATIONS
A. DURING THE 1974-75 PERIOD, A SYSTEM FOR SEPARATION AND COLLECTION
OF NEWSPAPERS AT GENERATING NODES WILL BE STUDIED. IF ECONOMICAL AND
FEASIBLE, LONG TERM MARKETING CONTRACTS WILL BE COMPLETED.
B. ENERGY WILL BE RECOVERED FROM REFUSE INCINERATED AT PEPCO'S
DICKERSON STATION OR AT OTHER SUITABLE LOCATION(S).
C. MATERIALS CONTAINED IN THE HEAVY FRACTION FROM THE CENTRAL
PROCESSING FACILITY WILL BE SOLD IF MARKETS EXIST.
D. DURING THE 1974-75 PERIOD, THE PILOT OPERATIONS OF THE COUNTY
RECYCLING CENTERS WILL HAVE BEEN COMPLETED, AND ANALYZED TO DETERMINE
WHETHER THEY CAN FIT INTO THE BASIC SYSTEMS OR WHETHER CENTRALIZED
HANDLING IS MORE EFFICIENT AND ECONOMICAL.
E. DURING THE FIRST PART OF 1974, THE COUNTRY COUNCIL WILL HAVE MADE
ITS DECISIONS ON BEVERAGE CONTAINER LEGISLATION.
2. CONTROL. DURING THE 1974-75 PERIOD, THE COUNTRY WILL DETERMNE
THE EFFECTIVENESS AND ECONOMIC VIALBILITY OF A PRIVATE CONCERN
CONDUCTING RESOURCE RECOVERY AT THE CENTRAL PROCESSING FACILITY.
HOWEVER, FOR PURPOSES OF THIS PLAN, THE FOLLOING WILL OBTAIN.
A. OPERATIONAL. THE COUNTY WILL OPERATE THE EQUIPMENT AND
FACILITIES, IF ANY, ASSOCIATED WITH SALE OF HEAVY-FRACTION COMPONENTS.
B. ADMINISTRATIVE. RESOURCE RECOVERY WILL BE THE RESPONSIBLITY OF
THE DEP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 050 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106750
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
C. PLANNING
(1) NEW RECOVERY TECHNOLOGIES WILL BE CONSIDERED FOR INCORPORATION
INTO THE SYSTEM. THIS PLANNING SHOULD BE DONE AS PART OF THE TEN YEAR
PLAN UPDATING.
(2) OPERATIONAL PLANNING WILL BE DONE BY DEP.
(3) A COUNTY PROCUREMENT POLICY WILL BE ESTABLISHED TO GIVE
PREFERENTIAL TREATMENT TO RECYCLED MATERIAL.
(4) THE COUNTY WILL ASSIST IN THE PASSAGE OF AND POSSIBLY EVEN
INITIATE STATE AND FEDERAL LEGISLATION THAT WILL ENCOURAGE RECYCLING.
D. FINANCIAL
(1) CHARGES ASSOCIATED WITH THE RESOURCE RECOVERY OPERATION WITHIN
THE ENERGY RECOVERY SEGMENT OF THE SYSTEM WILL BE BILLED AS PART OF
DISPOSAL CHARGES.
(2) CREDITS, IF ANY, FOR THE USE OF REFUSE AS FUEL WILL BE USED TO
REDUCE DISPOSAL CHARGES.
(3) NET REVENUE, IF ANY, FROM PRIVATE OPERATIONS OF RESOURCE RECOVERY
OPERATIONS AND THE SALE OF MARKETABLE HEAVY MATERIALS WILL BE USED TO
REDUCE THE DISPOSAL CHARGES OR TO SUPPORT OTHER COUNTY-SPONSORED
RECYCLING ACTIVITIES COMPATIBLE WITH THE BASIC SYSTEM.
E. MONITORING
(1) MONITORING OF FACILITIES WILL INCLUDE THE CHECKING OF PHYSICAL
CONDITION; KEEPING RECORDS OF MATERIAL QUANTITIES; AND MAINTAINING
RECORDS OF COST-RELATED ITEMS SUCH AS MANPOWER USED, FUEL CONSUMPTION,
AND MARKET PLACES AND PRICES FOR MATERIALS SOLD.
(2) MONITORING WILL BE THE RESPONSIBILITY OF THE DEP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 051 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106751
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
H. SPECIAL WASTES
THE FOLLOWING ARE THE PROVISIONS FOR SPECIAL WASTES GENERATED IN
MONTGOMERY COUNTY THAT REQUIRE SPECIFIC COLLECTION, TRANSPORTATION,
PROCESSING AND/OR DISPOSAL PROCEDURES. THESE SPECIAL WASTES ARE:
BULKY OBJECTS
AGRICULTURAL WASTES
PEPCO ASH
HAZARDOUS WASTES
USED TIRES
WASTE OIL
ABANDONED VEHICLES
MEDICAL AND PATHOLOGICAL WASTES
SECURITY WASTES
SEWAGE SOLIDS
1. BULKY OBJECTS.
A. OPERATIONS.
(1) BULKY OBJECTS GENERATED BY RESIDENTIAL SOURCES WILL BE COLLECTED
SEPARATELY FROM GENERAL REFUSE.
(2) SYSTEMATIC BULKY-OBJECT COLLECTIONS WILL BE PROVIDED TO ALL
RESIDENCES RECEIVING COUNTY-CONTRACTED COLLECTION SERVICE.
(3) PROVISION OF BULKY-OBJECT COLLECTION FROM HOUSEHOLDS BY THE
GENERAL REFUSE COLLECTOR WILL BE INCLUDED IN THE CONTRACT SPECIFICATIONS
FOR THE COLLECTION DISTRICT OR BE UNDERTAKEN BY THE DEP. THE DECISION
ON THIS MATTER WILL BE MADE AFTER THE STUDY TO BE CONDUCTED DURING THE
1974-75 PERIOD HAS BEEN COMPLETED.
(4) BULKY OBJECTS SUITABLE FOR PROCESSING WILL BE COMBINED WITH
GENERAL REFUSE AT THE CENTRAL PROCESSING FACILITY.
(5) PRELIMINARY SIZE REDUCTION EQUIPMENT, SUCH AS SHEARS, REQUIRED TO
REDUCE THE SIZE OF EXCEPTIONALLY LARGE OBJECTS SUCH AS LOGS AND TREE
TRUNKS BEFORE SHREDDING WILL BE INSTALLED ONLY IF ECONOMICALLY
JUSTIFIED.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 052 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106752
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
B. CONTROL.
(1) BULKY-OBJECT COLLECTION WILL EXCLUDE COMMERCIALLY GENERATED
CONSTRUCTION AND DEMOLITION DEBRIS.
(2) REGULATIONS WILL BE ESTABLISHED TO COVER THE SAFE ONSITE STORAGE
OF BULKY OBJECTS, SUCH AS REFRIGERATORS AND TELEVISION SETS.
(3) THE QUOTE FOR BULKY-OBJECT PICK-UPS WILL BE INCLUDED IN THE
BIDDER'S QUOTE PER HOUSEHOLD, THIS WAY ESTABLISHING THE TOTAL COLLECTION
CHARGE PER HOUSEHOLD IN THE DISTRICTS. IF THE COUNTY PROVIDES BULKY
OBJECT PICK-UP DIRECTLY, THE COST WILL BE MADE PART OF THE DISPOSAL
CHARGE.
(4) CHARGES FOR RESIDENTIAL BULKY OBJECT DISPOSAL COSTS WILL BE
INCLUDED IN DISPOSAL CHARGES FOR GENERAL RESIDENTIAL REFUSE.
(5) RECORDS WILL BE KEPT OF BULKY OBJECTS QUANTITIES DELIVERED AT THE
CENTRAL PROCESSING FACILITY AND THE EMERGENCY LANDFILL.
2. AGRICULTURAL WASTES.
A. OPERATIONS. THE PRESENT METHODS OF HANDLING FARM WASTES WILL
CONTINUE IN THE FUTURE, EXCEPT IN THE CASE OF HAZARDOUS WASTES.
B. CONTROL.
(1) FARM PRACTICES WILL BE MONITORED ON A CONTINUING BASIS TO
DETERMINE POSSIBLE CHANGES IN THESE PRACTICES THAT MIGHT CREATE A NEW
DISPOSAL PROBLEM TO THE COUNTY.
(2) DISPOSAL PRACTICES FOR HAZARDOUS FARM WASTES SUCH AS PESTICIDE
CONTAINERS AND EXPLOSIVES AND PATHOLOGICAL FARM WASTES SUCH AS CATTLE
CARCASSES WILL BE OBSERVED CLOSELY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 053 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106753
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
3. PEPCO ASH.
A. OPERATIONS.
(1) COLLECTION OF PEPCO ASH WILL BE PERFORMED BY PEPCO OR BY A
PRIVATE COMPANY CONTRACTED BY PEPCO.
(2) DISPOSAL WILL CONTINUE TO BE OUT-OF-COUNTY BY PEPCO.
(3) IN THE EVENT THAT PEPCO FACILITIES ARE UTILIZED FOR THE ENERGY
RECOVERY PORTION OF THE SOLID WASTE SYSTEM, PEPCO WILL ASSUME THE
RESPONSIBLITY FOR THE DISPOSAL OF THE SOLID WASTE ASH.
B. CONTROL.
(1) PROVISIONS WILL BE INCLUDED IN THE CODE TO SPECIFY FLY ASH
STORAGE PROCEDURES TO PREVENT POLLUTION.
(2) CONTINGENCY OUT-OF-COUNTY DISPOSAL PLANS WILL BE PREPARED BY
PEPCO, POSSIBLY JOINTLY WITH THE COUNTY.
(3) IN BOTH THE CURRENT METHOD OF DISPOSAL, AND IN THE CONTINGENCY
PLAN, RAIL HAUL SHOULD BE USED FOR TRANSPORTATION.
4. HAZARDOUS WASTES.
A. OPERATION. PROCEDURES FOR COLLECTION, TRANSPORTATION,
PROCESSING, AND DISPOSAL OF HAZARDOUS WASTES WILL BE ESTABLISHED, BASED
ON THE RESULTS OF THE HAZARDOUS WASTES SURVEY AND STUDY TO BE CONDUCTED
IN 1974.
B. CONTROL.
(1) APPROPRIATE REGULATIONS WILL BE DEVELOPED, DEPENDING ON THE
RESULTS OF THE HAZARDOUS WASTE STUDY.
(2) A PROGRAM WILL BE IMPLEMENTED TO MONITOR HAZARDOUS WASTE
GENERATION AND HANDLING, AND PROVISION WILL BE MADE FOR DETECTING NEW
SOURCES OF HAZARDOUS WASTES AND FOR DETERMINING THE NATURE OF THE WASTES
AND BEST HANDLING PROCEDURES.
5. USED TIRES.
A. OPERATIONS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 054 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106754
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(1) TIRES FROM RESIDENTIAL SOURCES WILL BE COLLECTED AS PART OF THE
REGULAR COLLECTIONS OR WITH BULKY OBJECTS. PICK-UPS SHOULD BE LIMITED
TO PREVENT DUMPING OF TIRES FROM OTHER SOURCES.
(2) COMMERCIAL AND INDUSTRIAL SOURCES, SUCH AS TIRE STORES, GAS
STATIONS, FLEET OPERATIONS AND RETREADERS, THAT GENERATE USED TIRES IN
SIGNIFICANT QUANTITY, SHALL ARRANGE FOR SEPARATE COLLECTION AND
TRANSPORTATION OF USED TIRES TO THE CENTRAL PROCESSING FACILITY.
(3) ALL TIRES WILL BE SHREDDED WITH GENERAL REFUSE, AT THE CENTRAL
PROCESSING FACILITY, UNLESS NEW RECOVERY METHODS FOR USED TIRES ARE
DEVELOPED AND IMPLEMENTED.
B. CONTROL.
(1) COMMERCIAL AND INDUSTRIAL SOURCES OF USED TIRES WILL BE
MONITORED.
(2) NEW RESOURCE RECOVERY TECHNIQUES AND MARKETS WILL BE MONITORED.
6. WASTE OIL.
A. OPERATIONS.
(1) WASTE OIL FROM RESIDENTIAL SOURCES WILL BE COLLECTED WITH GENERAL
REFUSE.
(2) THE HANDLING AND DISPOSAL OF WASTE OIL FROM COMMERCIAL AND
INDUSTRIAL SOURCES WILL BE TIED INTO THE STATE'S PROGRAM FOR PROCESSING
AND RE-USE OF THIS MATERIAL.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 055 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106755
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
B. CONTROL. A MONITORING PROGRAM WILL BE IMPLEMENTED FOR WASTE OIL
GENERATION AND HANDLING. NEW SOURCES OF WASTE OIL SHOULD BE IDENTIFIED
AND PROPER HANDLING PROCEDURES IMPLEMENTED.
7. ABANDONED VEHICLES.
A. OPERATIONS. THE PRESENT ABANDONED VEHICLE COLLECTION AND
DISPOSAL PROGRAM WITHIN PROJECT HEAP WILL BE CONTINUED AND EXPANDED AS
NEEDED.
B. CONTROL.
(1) THE CODE AND RELEVANT EXECUTIVE REGULATIONS WILL INCLUDE
PROVISIONS COVERING THE PROPER DISPOSAL OF AUTOMOBILE BODIES.
(2) CONTRACTS WILL BE SIGNED, WHERE FEASIBLE, BETWEEN THE COUNTY AND
PRIVATE FIRMS FOR ABANDONED-VEHICLE REMOVAL.
(3) AN ACTIVE PUBLIC INFORMATION PROGRAM, AS PART OF A BROAD GENERAL
EDUCATION PROGRAM, WILL BE USED TO ENSURE CITIZENS' SUPPORT OF THE
COUNTY'S ABANDONED-VEHICLE DISPOSAL PROGRAM.
(4) DURING THE 1974-76 PERIOD, THE COUNTY WILL STUDY THE MATTER OF
LEGISLATION PROVIDING A NOMINAL CHARGE TO BE ADDED TO THE YEARLY VEHICLE
REGISTRATION FEE, OR A SPECIAL ONE TIME CHARGE, TO COVER DISPOSAL COSTS.
8. MEDICAL AND PATHOLOGICAL WASTES. THE FOLLOWING PROVISIONS ARE A
SUMMARY BASED ON THE DETAILED RECOMMENDATIONS CONTAINED IN VOLUME VII OF
THE POPE, EVANS AND ROBINS TEN YEAR PLAN REPORT.
A. OPERATIONS.
(1) ALL PATHOLOGICAL AND MEDICAL-WASTE GENERATORS WILL BE IDENTIFIED
THROUGH A DETAILED SURVEY, AND WILL BE PROVIDED COLLECTION SERVICES BY
THE COUNTY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 056 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106756
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(2) LARGE GENERATORS OF MEDICAL WASTES WILL STERILIZE THE WASTES AND
WILL PACKAGE THEM IN PLASTIC BAGS INSERTED IN METAL CONTAINERS FOR
COLLECTION.
(3) PROCEDURES FOR THE COLLECTION OF MEDICAL AND PATHOLOGICAL WASTES
WILL BE ESTABLISHED BASED ON THE STUDY TO BE COMPLETED DURING 1974.
(4) COLLECTION FROM LARGE GENERATORS OF PATHOLOGICAL AND MEDICAL
WASTES WILL BE PROVIDED ON A REGULAR SCHEDULE.
(5) COLLECTION FROM SMALL GENERATORS WILL BE PROVIDED ON AN AS-CALLED
BASIS.
(6) CLOSED-BODY TRUCKS WILL BE USED FOR COLLECTION.
(7) ALL MEDICAL AND PATHOLOGICAL WASTES WILL BE INCINERATED IN A
SPECIALLY DESIGNED CENTRAL DISPOSAL FACILITY, WHICH WILL BE CONSTRUCTED
DURING THE 1974-76 PERIOD.
(8) RESIDUE OF INCINERATION WILL BE LANDFILLED OR ADDED TO THE
MATERIALS TO BE RAIL HAULED.
B. CONTROL.
(1) THE CODE OR EXECUTIVE REGULATIONS, AS APPROPRIATE, WILL CONTAIN
PROVISIONS FOR THE STORAGE, COLLECTION, TRANSPOFTATION, PROCESSING, AND
DISPOSAL OF PATHOLOGICAL AND MEDICAL WASTES ACCORDING TO THE RECOMMENDED
OPERATIONAL PROCEDURES.
(2) SPECIAL TRAINING PROGRAM FOR COLLECTION PERSONNEL AND INCINERATOR
OPERATORS WILL BE EMPLOYED TO ENSURE THAT PATHOLOGICAL AND MEDICAL
WASTES ARE HANDLED SAFELY.
(3) THE COUNTY WILL OWN THE COLLECTION AND DISPOSAL FACILITIES AND
EQUIPMENT.
(4) THE ENTIRE COLLECTION AND DISPOSAL PROGRAM WILL BE OPERATED BY
THE DEP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 057 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106757
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
(5) THE COUNTY'S COLLECTION AND DISPOSAL SYSTEM COSTS WILL BE
ASSESSED TO THE GENERATORS OF PATHOLOGICAL AND MEDICAL WASTES BY MEANS
OF A SERVICE CHARGE.
(6) A MONITORING PROGRAM WILL BE USED TO CHECK WHETHER THE STORAGE
PRACTICES OF WASTE GENERATORS, AND THE PROCEDURES USED BY THE PERSONNEL
INVOLVED IN COLLECTING, TRANSPORTING, PROCESSING AND DISPOSING OF THESE
WASTES, RESPECT THE COUNTY CODE PROVISIONS AND EEXECUTIVE REGULATIONS AT
ALL TIMES. THIS PROGRAM WILL BE THE RESPONSIBLITY OF THE DEP.
9. LITTER.
A. OPERATIONS. A COMPREHENSIVE LITTER COLLECTION PROGRAM WILL BE
IMPLEMENTED. PROJECT HEAP'S LITTER COLLECTION PROVISIONS COULD BE
EXPANDED AND USED AS A BASIS FOR THE FOLLOWING:
(1) SCHEDULED CLEANING OF STREETS AND ROADS WILL BE PERFORMED.
(2) MECHANICAL VACUUM SWEEPERS WILL BE USED FOR STREET CLEANING.
(3) LITTER RECEPTACLES IN IDENTIFIED CABINETS WILL BE PLACED AT
LOCATIONS CONVENIENT FOR PEDESTRIANS AND DRIVERS.
(4) SCHEDULED COLLECTION OF LITTER RECEPTACLES WILL BE IMPLEMENTED.
(5) SCHEDULED CLEANING OF CATCH BASINS WILL BE ESTABLISHED.
(6) CATCH BASINS REQUIRING SPECIAL CLEANING PROCEDURES WILL BE
IDENTIFIED.
(7) CLEANING-UP OPERATIONS OF ILLEGAL OFF-THE-ROAD DUMPS WILL BE
PERFORMED.
(8) TRANSFER POINTS WILL BE CONSIDERED FOR ACCEPTANCE OF LITTER
COLLECTED.
(9) ALL LITTER WILL BE PROCESSED IN THE SAME MANNER AS HOUSEHOLD
REFUSE OR NON-PROCESSIBLE REFUSE, AS APPLICABLE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 058 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106758
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
B. CONTROL.
(1) THE DOT WILL ASSUME RESPONSIBLITY FOR LITTER COLLECTION FROM ALL
STREETS AND ROADS UNDER COUNTY JURISDICTION.
(2) SPECIAL TAX AREAS AND MUNICIPALITIES WILL BE GIVEN THE OPTION TO
USE COUNTY COLLECTION SERVICES FOR LITTER.
(3) PROVISION IN THE COUNTY CODE WILL BE INCLUDED TO PREVENT THE
UNSIGHTLY OR UNSANITARY STORAGE OF REFUSE ON PRIVATE PROPERTY AND TO
PERMIT THE COUNTY TO ENTER PRIVATE PROPERTY TO CLEAN UP ILLEGAL DUMPS.
(4) THE EXISTING LITTER PROVISIONS OF THE COUNTY CODE WILL BE
ENFORCED.
(5) A PROCEDURE FOR IDENTIFYING ILLEGAL OFF-THE-ROAD DUMPS BY
STREET-CLEANING CREWS AND CITIZENS WILL BE ESTABLISHED.
(6) ALL LITTER RECEIVED AT THE CENTRAL PROCESSING FACILITY OR
EMERGENCY LANDFILL WILL BE WEIGHED, AND THE SOURCE IDENTIFIED FOR
MONITORING PURPOSES.
(7) A REGULARLY SCHEDULED SURVEY OF THE COUNTY WILL BE PERFORMED TO
IDENTIFY NEW ACCUMULATIONS OF ILLEGALLY DISCARDED REFUSE.
10. SEWAGE SOLIDS. THE HANDLING AND DISPOSAL OF SEWAGE SOLIDS
GENERATED BY THE PROGRAMMED MONTGOMERY COUNTY WASTEWATER TREATMENT
PLANTS, AND THE COUNTY'S SHARE OF SOLIDS GENERATED AT THE DISTRICT OF
COLUMBIA BLUE PLAINS TREATMENT PLANT WILL BE THE SUBJECT OF SEPARATE
DECISIONS BY THE COUNTY COUNCIL, IN CONJUNCTION WITH THE COUNTY
EXECUTIVE, THE WSSC, AND THE MARYLAND ENVIRONMENTAL SERVICE AS PART OF
THE COUNTY'S TEN YEAR WATER AND SEWERAGE PLAN AND THE WSSC'S SIX YEAR
CAPITAL IMPROVEMENTS PROGRAM. THE DECISIONS WHEN MADE, WILL BE
INCORPORATED IN THIS PLAN.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 059 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106759
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
SANITARY LANDFILL SITE AND THE USE OF PITS AND QUARRIES.
1. EMERGENCY LANDFILL
THE COUNTY HAS CONDUCTED EXTENSIVE STUDIES, EXPLORATIONS, HEARINGS
AND DISCUSSIONS ON SANITARY LANDFILL SITES, BEGINNING WITH PRELIMINARY
SITE SELECTIONS AND EVALUATIONS, TO THE DETAILED INVESTIGATIONS, OF
SEVEN CANDIDATE SITES WHICH WERE THE SUBJECT OF PUBLIC HEARINGS AND
FINAL EVALUATIONS AND RECOMMENDATIONS.
DURING ITS FINAL DELIBERATIONS, THE COUNTY COUNCIL DETERMINED THAT
THE SEVEN CANDIDATE SITES, AS ORIGINALLY PROPOSED, WERE NOT ENTIRELY
COMPATIBLE WITH THE RAIL HAUL - ENERGY RECOVERY SYSTEM AGREED UPON BY
THE COUNCIL, NOR WERE THE ORIGINAL CRITERIA ENTIRELY RESPONSIVE TO
CURRENT EVENTS SUCH AS THE ENERGY CRISIS. ALSO, REVISIONS OF THE
ORIGINAL SITE LOCATIONS, AND DEVELOPMENT PLANS WHICH WERE THE LEAST
UNACCEPTABLE WENT BEYOND THE BOUNDARIES OF THE SITES WHICH WERE THE
SUBJECT OF PUBLIC HEARINGS. LASTLY, THE SIZE OF THE SITES AND USEABLE
SPACE WERE CONSIDERABLY REDUCED, SINCE THE REQUIREMENT WAS NO LONGER FOR
A CONTINUING OPERATIONAL LANDFILL, BUT A STANDBY,
BACKUP,.EMERGENCYLANDFILLTO BE-UTILIZED-IN.THE-EVENT THE RAIL HAUL
SEGMENT OF THE APPROVED SOLID WASTE SYSTEM WERE TO BECOME INOPERATIVE
FOR ANY REASON.
THE COUNTY COUNCIL HAS APPROVED SITE 30, LOCATED IN THE NORTHERN PART
OF THE COUNTY, BOUNDED ON THE NORTHEAST BY I-70-S, ON THE NORTH BY MD 95
ON THE NORTHWEST BY SHILOH CHURCH ROAD FOR APPROXIMATELY 3000 FEET AND
ON THE SOUTHEAST BY MD 121 FOR APPROXIMATELY 4000 FEET; AND AS MORE
PARTICULARLY DESCRIBED IN "VOLUME 3, SOLID WASTE MANAGEMENT TEN YEAR
PLAN, 7/75 DISPOSAL SYSTEM, INVENTORY OF POTENTIAL SOLID WASTE DISPOSAL
SITES." THE COUNTY EXECUTIVE WILL SELECT A SPECIFIC SITE FROM THE AREA
(OF SITE 30) AFTER A PUBLIC HEARING. THE COUNCIL INDICATES TOTHE
EXECUTIVE, THAT THE SELECTED SITE SHOULD HAVE A USABLE LANDFILL LIFE OF
THREE TO FIVE YEARS, IF IT WERE TO BE USED FOR DISPOSAL OF ALL OF THE
COUNTY'S GENERAL SOLID WASTES; AND THAT THE PURPOSE OF THE LANDFILL
WOULD NOT BE FOR SUSTAINED OPERATIONS, BUT TO PROVIDE A BACKUP,
EMERGENCY LANDFILL IN THE EVENT OF ANY FAILURE IN THE RAIL HAUL SEGMENT
OF THE APPROVED SYSTEM, AND WHERE THE WASTES CANNOT BE ACCOMMODATED AT
THE CENTRAL PROCESSING FACILITY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 060 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106760
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE COUNTY IS HOWEVER, NOT LACKING IN BACKUP RESOUFCES PENDING THE
SELECTION OF THE DESIGNATED EMERGENCY LANDFILL SITE. DURING THE 1974-76
PERIOD, TWO LANDFILLS WILL BE OPERATING; THESE ARE:
- THE FAIRLAND LANDFILL SITE WHICH WILL START OPERATIONS IN JANUARY
1974 AND CONTINUE UNTIL APPROXIMATELY OCTOBER 1975. THIS SITE WILL BE
USED FOR DISPOSAL OF NON-PUTREACIBLE WASTES. WHEN FILLED, THE SITE WILL
BE PREPARED FOR RECREATIONAL PURPOSES.
- THE CODE LANDFILL SITE, WHICH WILL START OPERATIONS IN JUNE 1974
AND CONTINUE UNTIL DECEMBER 1975. THE CODE SITE WILL BE USED IN
CONJUNCTION WITH THE COUNTY'S INCINERATOR, WHICH IS SCHEDULED TO BE
CLOSED OUT NOT LATER THAN DECEMBER 31, 1975, IN ACCORDANCE WITH THE PLAN
OF COMPLIANCE FILED WITH THE STATE.
SINCE THE RAIL HAUL SEGMENT OF THE APPROVED SOLID WASTE MANAGEMENT
SYSTEM IS ANTICIPATED TO BE ON LINE WITHIN THE CURRENTLY PLANNED
LIFETIME OF THE CODE AND FAIRLAND LANDFILLS, THESE LANDFILLS COULD BE
CONSIDERED FOR THE PURPOSES OF THIS PLAN, AS THE EMERGENCY LANDFILLS
UNTIL THE DESIGNATED EMERGENCY LANDFILL SITE HAS BEEN SELECTED EARLY IN
1974, AND IS READY FOR OPERATIONS.
THE COUNTY'S PLAN, PROVIDING FOR PRIORITY ESTABLISHMENT OF THE
APPROVED SYSTEM'S RAIL HAUL SEGMENT -- ESTIMATED TO BE WITHIN 12-14
MONTHS AFTER JANUARY 1974 -- WOULD ALLOW THE CLOSING OF THE COUNTY'S
SOUTHLAWN INCINERATOR EARLIER THAN PROJECTED IN THE "PLAN OF
COMPLIANCE," AND THE CLOSING OF THE GUDE LANDFILL EARLIER THAN PLANNED
WITH SUBSEQUENT RESTORATION.
2. PITS AND QUARRIES
THE COUNTY WILL CONDUCT MORE INTENSIVE EXPLORATION OF GRAVEL PITS AND
QUARRIES THAN IT WAS ABLE TO DO DURING THE LATTER PART OF 1973, AND
IDENTIFY THOSE MOST SUITED FOR THE DISPOSAL OF CONSTRUCTION AND
DEMOLITION DEBRIS AND PROCESSED, NON-MAREKTABLE HEAVIES. THE PURPOSE
WILL BE TO PROVIDE SITES, IN ADDITION TO THE EMERGENCY LANDFILL SITE FOR
USE IN THE EVENT OF RAIL HAUL FAILURE, AND WHERE WASTES CANNOT BE
ACCOMMODATED AT THE CENTRAL PROCESSING FACILITY TO: REDUCE THE
OPERATIONAL IMPACT IN THE USE OF THE EMERGENCY LANDFILL; EXTEND THE
USEABLE LIFETIME OF THE LANDFILL; AND TO PROVIDE LAND RECOVERY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 061 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106761
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
J. ALTERNATIVE SYSTEM
THIS SECTION DESCRIBES AN ALTERNATE SYSTEM FOR THE PROCESSING,
TRANSPORTATION AND DISPOSAL OF GENERAL WASTES IN THE EVENT THE APPROVED
ENERGY RECOVERY SEGMENT OF THE SYSTEM, OR A VIABLE AND ACCEPTABLE
VARIATION THEREOF CANNOT BE ESTABLISHED.
1. ALTERNATE SYSTEM. IN THE EVENT OF FAILURE IN NEGOTIATIONS FOR
MARKETING OF THE LIGHT FRACTION FOR ENERGY RECOVERY, OR ADVERSE RESULTS
OF ANALYSIS BY THE UNION ELECTRIC CO., ST. LOUIS, AND THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY ON THE PILOT PROJECT CURRENTLY BEING
CONDUCTED BY THE CITY OF ST. LOUIS AND THE ELECTRIC COMPANY, THEN THE
COUNTY WOULD.
A. PROCEED WITH OPERATIONS OF THE MONTGOMERY COUNTY RECYCLING
CENTERS AND MARKET RECOVERED RESOURCES AND EVALUATE THE RESULTS.
B. SEPARATE AND COLLECT NEWSPAPERS AT GENERATINC NODES AND MARKET,
IF, AS AFOREMENTIONED, THE PROCESS IS ECONOMICALLY VIABLE.
C. PROCEED WITH THE PROCESSING AND RAIL HAUL SEGMENT AS THE BASIC
SYSTEM AND PLAN FOR RESOURCE RECOVERY AT THE FRONT-END AND MARKET THE
RECOVERED MATERIALS; AND PROVIDE FOR PROCESSING AND RAIL HAUL OF ALL
GENERAL WASTES, LESS ANY INCREMENT OF CONSTRUCTION AND DEMOLITION DEBRIS
WHICH CAN BE LANDFILLED IN PITS AND QUARRIES.
D. CONTINUE THE RAIL HAUL SYSTEM UNTIL: SUITABLE ARRANGEMENTS CAN
BE MADE FOR MARKETING THE LIGHT FRACTION FOR ENERGY RECOVERY; THE
ADVERSE RESULTS OF THE ST. LOUIS PILOT PROJECT HAVE BEEN OVERCOME; OR
NEW AND IMPROVED PROCESSES AND TECHNIQUES ARE DEVELOPED.
E. IN THE EVENT OF FAILURE OF THE RH-ER SYSTEMS THE COUNTY WILL HAVE
COMPLETED A STUDY IN 1974 OF ALTERNATIVE SYSTEMS OR COMPONENTS OF
SYSTEMS TO BE ESTABLSIHED IN THE EVENT OF FAILURE OF THE RH-ER SYSTEM.
F. PROVIDE AN EMERGENCY SANITARY LANDFILL SITE.
2. ACTION IN THE EVENT THAT AN ALTERNATE SYSTEM IS SELECTED
A. THE COUNTY WILL INFORM THE APPROPRIATE OFFICIALS IMMEDIATELY OF
THE DECISION.
B. THIS PLAN WILL BE REVISED AND TRANSMITTED TO THE APPROPRIATE
STATE AGENCY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 062 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106762
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
C. COPIES OF THE REVISED PLAN WILL BE MADE AVILABLE TO THE PUBLIC.
K. PUBLIC PARTICIPATION
THE COUNTY WILL ESTABLISH BY LEGISLATION DURING CALENDAR 1974, A
PERMANENT SOLID WASTE ADVISROY COMMITTEE; THE AFOREMENTIONED COLLECTION
ADVISORY COMMITTEE WILL BE A PERMANENT SUBCOMMITTEE THEREOF. IN
ADDITION, THERE MAY BE OTHER PERMANENT SUBCOMMITTEES AS THE NEED ARISES.
THE SOLID WASTE ADVISORY COMMITTEE WILL BE ADVISORY TO THE COUNTY
EXECUTIVE AND THE COUNTY COUNCIL ON ALL MATTERS RELATING TO SOLID WASTE
MANAGEMENT.
L. MUNICIPAL SYSTEMS
WITHIN MONTGOMERY COUNTY, VARIOUS MUNICIPAL JURISDICTIONS ARE
RESPONSIBLE FOR CONDUCTING THEIR OWN COLLECTION SYSTEMS FOR GENERAL AND
CERTAIN SPECIAL SOLID WASTES. THESE MAY BE MUNICIPALLY OWNED AND
OPERATED SYSTEMS, PRIVATE COLLECTION SYSTEMS, OR A COMBINATION OF THE
TWO. THE WASTES ARE CURRENTLY DELIVERED TO THE COUNTY FOR PROCESSING
AND DISPOSAL.
THIS MANAGEMENT PLAN PROVIDES FOR THE FUTURE PROCESSING,
TRANSPORTATION AND DISPOSAL OF THE SOLID WASTES WHICH WILL BE DELIVERED
TO THE COUNTY BY THE MUNICIPAL JURISDICTIONS. ADDITIONALLY, THE PLAN
PROVIDES FOR THE EXERCISING OF AN OPTION BY THE JURISDICTIONS FOR THE
COUNTY TO PROVIDE COLLECTION SERVICES.
SUBSEQUENT TO THE PREPARATION OF THE CONSULTANT'S REPORTS AND THE
PREPARATION OF THE DRAFT PLAN, IT WAS DETERMINED THAT MORE REFERENCE TO
THE MUNICIPAL JURISDICTIONS' SOLID WASTE PLANS SHOULD BE INCLUDED IN THE
OVERALL COUNTY PLAN. THEREFORE, THE COUNTY PROPOSES TO SECURE THE
NECESSARY INFORMATION, AND INCLUDE THE DATA IN THE NEXT REVISION TO THIS
PLAN.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 063 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106763
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
A. GENERAL
THIS SECTION PRESENTS THE MAJOR ACTIONS THAT WILL BE TAKEN BY THE
COUNTY AND BY OTHER AGENCIES TO DEVELOP AND OPEFATE THE APPROVED SOLID
WASTE SYSTEM. THESE ACTIONS ARE PRESENTED AS A SERIES OF ACTIVITIES.
DESCRIPTIONS OF THE STEPS INVOLVED ARE USED TO CHARACTERIZE THE CONTENT
AND THE AGENCIES INVOLVED IN THE COMPLETION OF EACH ACTIVITY.
REFERENCE PARAGRAPH III J, ALTERNATIVE SYSTEM. IN THE EVENT OF
FAILURE IN ESTABLISHING THE ENERGY RECOVERY SEGMENT OF THE SOLID WASTE
MANAGEMENT SYSTEM, THE COUNTY EXECUTIVE WILL PROCEED WITH ESTABLISHMENT
OF THE ALTERNATE SYSTEM DESCRIBED IN PARAGRAPH III J.1., AND THE COUNTY
WILL PROCEED WITH ACTIONS INDICATED IN PARAGRAPH III J.2.
B. DESCRIPTION OF ACTIVITIES
THE MAJOR OPERATIONAL AND CONTROL ACTIVITIES FOR GENERAL WASTE
MANAGEMENT ARE PRESENTED UNDER THE CATEGORIES OF COLLECTION,
TRANSPORTATION, PROCESSING, DISPOSAL AND RESOURCE RECOVERY. OPERATIONAL
AND CONTROL ACTIVITIES FOR SPECIAL WASTES ARE PRESENTED SEPARATELY.
THERE IS A SERIES OF MASTER ACTIVITIES COMMON TO ALL OF THESE
CATEGORIES. THEY ARE PRESENTED FIRST.
C. CONTINUING MASTER ACTIVITIES
1. TYP YEARLY UPDATE. ALL ELEMENTS OF THE TYP WILL BE REVIWED ON AN
ANNUAL BASIS. PUELIC HEARINGS WILL BE HELD, APPROPRIATE CHANGES WILL BE
MADE, AND THE TYP WILL BE UPDATED AND SUBMITTED TO THE STATE. A
THIRTEEN-WEEK REVIEW PERIOD IS SCHEDULED, BETWEEN JULY AND SEPTEMBER OF
EACH YEAR.
2. LOCAL AND REGIONAL REVIEW OF THE TEN YEAR PLAN. THE COUNTY
GOVERNMENT, THE MONTGOMERY COUNTY PLANNING BOARD OF THE MRCPPC, COC, MES
AND ALL INCORPORATED MUNICIPALITES AND SPECIAL TAX AREAS IN THE COUNTY
WILL PERFORM AN OVERALL REVIEW OF THE TEN YEAR PLAN (TYP). COMMENTS
FROM THESE AGENCIES WILL BE CONSIDERED BY THE COUNTY COUNCIL, AND PLANS
OF MUNICIPAL JURISDICTIONS WILL BE INCORPORATED CONSISTENT WITH THE TYP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 064 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106764
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
3. STATE REVIEW OF TYP. THE REVISED TYP ADOPTED BY THE COUNTY
COUNCIL WILL BE SUBMITTED TO THE MARYLAND STATE DHMH ON OR BEFORE
JANUARY 1, OF EACH YEAR.
4. COUNTY CODE. MODIFICATIONS WILL BE MADE TO THE COUNTY CODE TO
REFLECT UNIFORM ENVIRONMENTAL CONCERNS. NEW PROVISIONS WILL BE ADDED
FOR SPECIFIC ELEMENTS OF THE TYP.
5. BUDGET. A BUDGET WILL BE PREPARED FOR THE ACTIVITIES OF THE
SEVERAL AGENCIES INVOLVED IN ADMINISTERING AND OPERATING THE MAJOR
SYSTEMS OF THE TYP, AND WILL BE INCLUDED IN THE COUNTY'S ANNUAL BUDGET.
FINANCING METHODS WILL BE DECIDED UPON FOR THE ACQUISITION OF ANY
CAPITAL NECESSARY TO IMPLEMENT THE MAJOR SYSTEMS.
6. ANNUAL BUDGET REVIEW. A REVIEW OF THE PREVIOUS YEAR'S BUDGET
WILL BE PERFORMED, IN PREPARATION FOR THE ANNUAL BUDGET SUBMISSION
DURING SEPTEMBER AND OCTOBER OF EACH YEAR.
D. COLLECTION ACTIVITIES
1. COLLECTION STUDIES. STUDIES WILL BE COMPLETED DURING THE 1974-75
PERIOD CONCERNING.
A. BACKYARD VERSUS CURBSIDE PICKUP.
B. SEPARATION AND COLLECTION OF NEWSPAPERS AT GENERATING SOURCES.
C. BULKY WASTE COLLECTION INCLUDING DETERMINATION OF WHETHER THE
COUNTY OR CONTRACTORS WILL COLLECT THE WASTE.
D. COLLECTION OF FARM RESIDENCE WASTES.
E. THE ESTABLISHMENT OF A "MODEL" COLLECTION DISTRICT TO BE OPERATED
BY THE COUNTY OR A CONTRACT COLLECTING.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 065 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106765
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
2. DELINEATION OF COLLECTION DISTRICTS. THIS WILL BE REVIEWED THREE
TIMES DURING THE TYP AND CAN BE CONSIDERED AS THREE SUB-ACTIVITIES. THE
DISTRICTS WILL BE ESTABLISHED IN 1976 AND SUBSEQUENTLY, WHERE NECESSARY,
REVISED BY THE COUNTY COUNCIL THROUGH LEGISLATION RECOMMENDED BY THE
COUNTY EXECUTIVE.
A. DELINEATE 1976 COLLECTION DISTRICTS. THE ENTIRE COUNTY WILL BE
DIVIDED INTO DISTRICTS. THOSE MUNICIPALITIES AND SPECIAL TAX AREAS
ELECTING TO JOIN THE COUNTY COLLECTION SYSTEM WILL BE INCLUDED IN THE
1976 COLLECTION DISTRICTS. THIS ACTIVITY SHOULD BE COMPLETED BY JULY
1975.
B. REVIEW 1976 COLLECTION DISTRICTS AND DEFINE 1980 DISTRICTS. THE
1976 COLLECTION DISTRICT BOUNDARIES AND THEIR RESPECTIVE ENCLAVE
BOUNDARIES WILL BE REVIEWED. THE COUNDARIES WILL BE ALTERED TO REFLECT
THE CHANGES IN THE COMPOSITION OF THE AREAS IN THE DISTRICTS AND TO
REFLECT ALL COMMUNITEIS NEWLY CHOOSING TO ACCEPT COUNTY COLLECTION
SERVICE. THIS ACTIVITY SHOULD BE COMPLETED BY JULY 1980.
C. REVIEW 1980 COLLECTION DISTRICTS AND DEFINE 1984 DISTRICTS THE
1980 COLLECTION DISTRICT BOUNDARIES WILL BE ALTERED TO REFLECT THE
CHANGES IN THE COMPOSITION OF THE AREAS IN THE DISTRICTS AND TO REFLECT
ALL COMMUNITIES NEWLY CHOOSING TO ACCEPT COUNTY COLLECTION SERVICE.
THIS ACTIVITY SHOULD BE COMPLETED BY JULY 1984.
3. PREPARE SPECIFICATIONS AND AWARD COLLECTION DISTRICT CONTRACTS.
THIS WILL INCLUDE ADVERTISEMENT FOR BIDS, PREPARATION AND SUBMITTAL OF
BIDS BY INTERESTED CONTRACTORS, EVALUATION OF ALL BIDDERS AND REBIDDERS
ON CONTRACTS AS DELINEATED IN SECTION III C.1.F(1) OF THIS PLAN, REVIEW
OF BIDS, AND CONTRACT AWARDING TO SUCCESSFUL BIDDERS. THIS WILL OCCUR
THREE TIMES DURING THE TYP, FOLLOWING EACH REVIEW OF COLLECTION
DISTRICTS BOUNDARIES. THESE SUBACTIVITIES SHOULD BE COMPLETED BY
JANUARY 1976, JANUARY 1980 AND JANUARY 1984.
4. OPERATE DISTRICT COLLECTION. RESIDENTIAL WASTES, INCLUDING BO,
WILL BE COLLECTED IN ALL COLLECTION DISTRICTS COMMENCING JULY 1, 1976.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 066 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106766
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
5. ANNUAL COLLECTION SYSTEM PERFORMANCE REVIEW. BASED ON THE ANNUAL
REVIEW OF THE COUNTY'S UPDATED SEWER CATEGORIES MAP, APPROPRIATE CHANGES
AND/OR ADDITIONS WILL BE MADE IN THE NUMBER OF RESIDENCES TO RECEIVE
ONCE-A-WEEK AND TWICE-A-WEEK COLLECTION SERVICE. THE MATTER OF ADDING
APARTMENT HOUSES TO THE SYSTEM WILL ALSO BE REVIEWED. NINE-WEEK REVIEW
PERIODS ARE SCHEDULED FOR APRIL AND MAY OF EACH YEAR.
6. DEVELOP REGULATORY, OPERATIONAL AND MONITORING PROCEDURES THIS
WILL INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING
PROCEDURES FOR ALL TYPES OF COLLECTORS, AND THE DEVELOPMENT OF
INSPECTION AND MONITORING PROGRAMS, TO BE COMPLETED PRIOR TO JULY 1975.
E. TRANSPORTATION ACTIVITIES
1. FEASIBILITY STUDY FOR TRANSFER STATION(S). AN ENGINEERING STUDY
WILL BE PERFORMED TO DETERMINE WHETHER THE COUNTY COULD AND SHOULD BUILD
ONE OR MORE TRANSFER STATIONS (TS) INCLUDING CONSIDERATION OF RAIL
TRANSFER FACILITIES, IN ADDITION TO THE CENTRAL PROCESSING FACILITY
(CPF). THE STUDY SHOULD BE COMPLETED BY DECEMBER, 1974.
2. DESIGN AND CONTRUCT TS, IF REQUIRED. THIS WILL INCLUDE AN
ENGINEERING DESIGN, PREPARATION OF SPECIFICATIONS, AWARD OF EQUIPMENT
AND CONSTRUCTION CONTRACTS, AND THE CONSTRUCTION OF THE TRANSFER
FACILITY. CONSTRUCTION SHOULD BE SCHEDULED TO BE COMPLETED BY APRIL 1,
1976.
3. OPERATE TRANSPORTATION SYSTEM. THE COUNTY WILL PURCHASE SUCH
TRANSFER VEHICLES AS REQUIRED, AND ARRANGE FOR PURCHASE OR LEASE RAIL
CARS IF REQUIRED, AND PROVIDE APPROPRIATE OPERATING AND MAINTENANCE
PERSONNEL AND FACILITIES. TRANSPORT VEHICLES WILL PROVIDE
TRANSPORTATION FROM THE CPF TO DICKERSON IF PEPCO IS SELECTED FOR
DISPOSAL OF THE LIGHT FRACTION, OR TO OTHER MARKETS IF THE COUNTY IS TO
PROVIDE THE TRANSPORTATION FROM THE CPF; FROM THE TS'S TO THE CPF; IF
NECESSARY, FROM THE CPF AND TS'S TO THE EMERGENCY LANDFILL; AND IF
REQUIRED, FROM THE CPF TO THE OUT-OF-COUNTY DISPOSAL POINTS.
APPROPRIATE SEGMENTS OF THE TRANSPORTATION SYSTEM WILL START OPERATION
IN 1975, IF THE COUNTY IS RESPONSIBLE FOR HAUL TO THE OUT-OF-COUNTY
DP'S; IN 1976 IF A T.S.(S) IS BUILT, OTHERWISE IN JANUARY 1977.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 067 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106767
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
4. DEVELOP REGULATORY, OPERATIONAL AND MONITORING PROCEDURES. THIS
WILL INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING
PROCEDURES FOR THE TRANSPORTATION SYSTEM, AND THE DEVELOPMENT OF
INSPECTION AND MONITORING PROGRAMS. THIS ACTIVITY WILL BE COMPLETED
BEFORE THE TRANSPORTATION SYSTEM STARTS TO OPERATE.
F. PROCESSING ACTIVITIES
1. OPERATE SOUTHLAWN INCINERATOR. BASED ON AN INTERIM PERMIT
EXPECTED TO BE ISSUED BY THE STATE DHMH FOLLOWING THE PLAN OF COMPLIANCE
SUBMITTED BY THE COUNTY, THE SOUTHLAWN INCINERATOR WILL BE OPERATED
UNTIL RAIL HAUL OPERATIONS ARE INSTITUTED AND THE EMERGENCY SL IS READY
FOR OPERATIONS. HOWEVER, IN NO EVENT WILL THE INCINCERATOR BE OPERATED
BEYOND DECEMBER 31, 1975.
2. INCINERATOR DISPOSITION. A DECISION WILL BE MADE REGARDING THE
DISPOSITION OF THE SOUTHLAWN INCINERATOR COMPLEX BY JANUARY 1, 1975.
3. SELECTION OF CPF SITE. THE COUNTY EXECUTIVE WILL SELECT THE CPF
SITE BY JULY 1, 1974.
4. DESIGN AND CONSTRUCT SELECTED CPF. THIS WILL INCLUDE AN
ENGINEERING DESIGN, PREPARATION OF SPECIFICATIONS, AWARD OF EQUIPMENT
AND CONSTRUCTION CONTRACTS, AND TEH CONSTRUCTION OF CPF IN TIME FOR FULL
OPERATIONS TO BEGIN NO LATER THAN JANUARY 1, 1977. CONSTRUCTION WILL BE
PHASED TO PROVIDE FIRST PRIORITY COMPLETION OF THE RAIL HAUL SEGMENT OF
THE CPF TO BECOME OPERATIONAL IN DECEMBER 1974-FEBRUARY 1975, BUT IN NO
EVENT LATER THAN JUNE 1, 1975.
5. DEVELOP REGULATORY, OPERATIONAL AND MONITORING PROCEDURES. THIS
WILL INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING
PROCEDURES FOR THE TRANSPORTATION SYSTEM, AND THE DEVELOPMENT OF
INSPECTION AND MONITORING PROGRAMS. THIS ACTIVITY SHOULD BE COMPLETED
FOR THE RAIL HAUL SEGMENT PRIOR TO INCEPTION OF OPERATIONS, AND FOR THE
FULL-SCALE OPERATIONS PRIOR TO INCEPTION OF THAT PHASE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 068 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106768
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
G. DISPOSAL ACTIVITIES
1. OPERATE RAVINE. THE RAVINE SL IS PRESENTLY IN OPERATION
ACCEPTING INCINERABLE REFUSE NOT PROCESSED BY THE COUNTY'S INCINERATOR,
AS WELL AS NON-INCINERABLE REFUSE INCLUDING BULKY OBJECTS AND BUILDING
DEBRIS. THIS LANDFILL IS SCHEDULED TO BE CLOSED WHEN THE GUDE SL OPENS
IN JUNE 1974.
2. OPERATE FAIRLAND SL. THE FAIRLAND SL WILL ACCEPT NON-PUTRESCIBLE
REFUSE. THIS LANDFILL IS SCHEDULED TO CLOSE IN OCTOBER 1975.
3. OPERATE GUDE SL. THE GUDE SL IS SCHEDULED TO OPEN IN JUNE 1974.
ACCEPTING REFUSE WHICH IS NOT PROCESSED IN THE COUNTY'S INCINERATOR.
THIS LANDFILL IS SCHEDULED TO CLOSE IN DECEMBER 1975, IN CONJUNCTION
WITH THE SOUTHLAWN INCINERATOR. THE GUDE LANDFILL WILL BE CLOSED
EARLIER WITH THE ESTABLISHMENT OF RAIL HAUL OPERATIONS AND WITH THE
READINESS OF THE EMERGENCY LANDFILL FOR OPERATION.
4. EMERGENCY LANDFILL SITE SELECTION. THE COUNTY COUNCIL HAS
SELECTED AN EMERGENCY LANDFILL SITE AS INDICATED IN SECTION III, I OF
THIS PLAN.
5. SELECT, ACQUIRE, DESIGN, AND CONSTRUCT NEW EMERGENCY LANDFILL THE
COUNTY EXECUTIVE WILL PROCEED WITH THE NECESSARY ACTIONS TO SELECT, AND
ACQUIRE THE SPECIFIC EMERGENCY LANDFILL SITE, AND TO PROVIDE FOR
ENGINEERING, DESIGN, PREPARATION OF SPECIFICATIONS, AWARD OF CONTRACTS,
AND THE CONSTRUCTION OF THE NEW SITE. IT IS PLANNED THAT ALL ACTIONS
WILL BE COMPLETED BY OCTOBER 1975.
6. RAIL HAUL. THE COUNTY EXECUTIVE WILL PURSUE NECESSARY ACTIONS TO
ESTABLISH A SYSTEM FOR THE DELIVERY OF SOLID WASTE BY RAIL TO OUT-OF
COUNTY POINT(S) FOR PURPOSES OF LAND RECLAMATION. THIS SYSTEM WILL
INCLUDE: TRANSPORTATION AND DISPOSAL OF ALL SOLID WASTED DURING THE
PERIOD UNTIL THE ENERGY RECOVERY SEGMENT OF THE SOLID WASTE MANAGEMENT
SYSTEM IS OPERATIONAL; SUBSEQUENT TO THE ESTABLISHMENT OF THE ENERGY
RECOVERY SEGMENT, TRANSPORTATION AND DISPOSAL OF THE NON-PROCESSIBLE AND
NON-MARKETABLE PROCESSED WASTES; AND IN THE EVENT OF A TEMPORARY OR
SUSTAINED FAILURE OF THE ENERGY RECOVERY SEGMENT OF THE SYSTEM, WHICH
CANNOT BE HANDLED BY STORAGE AT THE CPF, THE TRANSPORTATION AND DISPOSAL
OF ALL SOLID WASTES. IF A CONTRACTOR IS USED, PROVISION WILL BE MADE
FOR BUY-OUT OF THE CONTRACT BY THE COUNTY.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 069 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106769
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
7. DISPOSAL FACILITY.
A. THE COUNTY EXECUTIVE WILL PROCEED WITHTE NECESSARY ACTIONS AND
AWARD CONTRACTS FOR THE DISPOSAL OF THE PROCESSED LIGHT FRACTION TO BE
USED FOR ENERGY RECOVERY, TO BE COMPLETED NO LATER THAN JANUARY 1, 1977,
TO COINCIDE WITH THE OPENING OF THE CPF.
B. IN THE EVENT THAT A SUITABLE AGREEMENT IS CONSUMATED WITH PEPCO,
THE COUNTY WILL PROCEED WITH ENGINEERING DESIGN, PREPARATION OF
SPECIFICATIONS, AND AWARD OF EQUIPMENT AND CONSTRUCTION CONTRACTS, AND
CONSTRUCTION OF THE DP AT THE PEPCO DICKERSON POWER GENERATING STATION
SITE. CONSTRUCTION OF THE DP SHOULD BE COMPLETED IN ADVANCE OF PEPCO'S
CURRENT SCHEDULE OF GENERATING PLANT EXPANSION TO BE ON LINE JANUARY 1,
1978.
8. DEVELOP REGULATORY, OPERATIONAL AND MONITORING PROCEDURES. THIS
WILL INCLUDE THE REVIEW OF EXISTING REGULATIONS AND THE PREPARATION OF
NEW REGULATIONS DEFINING OPERATING PROCEDURES FOR THE DISPOSAL SYSTEM,
AND THE DEVELOPMENT OF INSPECTION AND MONITORING PROGRAMS. APPROPRIATE
ACTIONS WILL BE COMPLETED PRIOR TO THE INCEPTION OF EACH OF THE
OPERATIONS DELINEATED ABOVE.
9. PITS AND QUARRIES. A MORE INTENSIVE STUDY OF PITS AND QUARRIES
WILL BE MADE. A PRELIMINARY REPORT ON TIMING, EFFORT, AND COMPLETION OF
THE STUDY WILL BE MADE BY JUNE OF 1974.
H. RESOURCE RECOVERY ACTIVITIES
1. MONTGOMERY COUNTY RECYCLING PROGRAM. THE COUNTY WILL BEGIN
OPERATIONS OF THE RECYCLING PROGRAM FOR PAPER, GLASS, AND METALS IN
JANUARY 1974. THIS PROGRAM WILL BE REVIEWED PERIODICALLY AND ANY
NECESSARY MODIFICATIONS WILL BE MADE. THE PROGRAM WLL BE EVALUATED TO
DETERMINE WHETHER IT SHOULD CONTINUE AS PART OF THE APPROVED SOLID WASTE
MANAGEMENT SYSTEM, OR THAT CENTRALIZED HANDLING WOULD BE MORE EFFICIENT
AND ECONOMICAL.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 070 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106770
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
2. MARKET STUDY FOR THE RECOVERY OF HEAVY FRACTION AT CPF. A MARKET
STUDY WILL BE PERFORMED TO DETERMINE THE FEASIBILITY OF SEPARATING THE
NON-FERROUS HEAVY FRACTION OF REFUSE AT THE CPF FOR SALE AS RECOVERED
MATERIAL. THIS STUDY WILL BE COMPLETED BY JANUARY 1976, AND IN
SUFFICIENT TIME FOR THE REQUIRED EQUIPMENT TO BE INSTALLED AND IN
OPERATION WHEN THE CPF IS ON LINE.
3. NEWSPAPER RECOVERY. ASSUMING FAVORABLE RESULTS OF THE STUDY ON
NEWSPAPER SEPARATION AND COLLECTION AT GENERATING SOURCES, THE COUNTY
WILL ENDEAVOR TO ARRANGE FOR LONG-TERM CONTRACTS FOR MARKETING OF THE
MATERIALS.
4. OPERATE RESOURCE RECOVERY SYSTEM. THE FULL RESOURCE RECOVERY
SYSTEM OF THE TYP WILL BEGIN OPERATIONS ON JANUARY 1, 1977. THIS WILL
INCLUDE DELIVERING THE PROCESSED COMBUSTIBLE REFUSE TO BE USED AS FUEL;
RECOVERING FERROUS METALS; POSSIBLY RECOVERING COMPONENTS OF THE HEAVY
NON-FERROUS FRACTION OF THE REFUSE AT THE CPF FOR SALE; MARKETING OF
NEWSPAPERS; AND RECLAIMING OF LAND.
5. REGULATORY, OPERATIONAL AND MONITORING PROCEDURES. THIS WILL
INCLUDE THE PREPARATION OF ANY REQUIRED REGULATIONS DEFINING OPERATING
PROCEDURES FOR THE RESOURCE RECOVERY SYSTEM, AND THE DEVELOPMENT OF
INSPECTION AND MONITORING PROGRAM. THIS ACTIVITY SHOULD BE COMPLETED
PRIOR TO JANUARY 1977.
6. LOCAL LEGISLATION ON "BEVERAGE CONTAINERS." THE COUNTY COUNCIL
HAS HELD PUBLIC HEARINGS ON LEGISLATION REQUIRING DEPOSITS ON BEVERAGE
CONTAINERS TO PROVIDE FOR RETURN AND REUSE OF THESE CONTAINERS. THE
DECISIONS ON THE LEGISLATION WILL BE MADE IN THE FIRST PART OF 1974.
I. SPECIAL WASTES ACTIVITIES
1. BULKY OBJECTS (BO).
A. REGULATORY, OPERATIONAL AND MONITORING PROCEDURES. THIS WILL
INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING PROCEDURES FOR
THE HANDLING OF BO, AND THE DEVELOPMENT OF INSPECTION AND MONITORING
PROGRAMS.
B. FEASIBILITY OF PRELIMINARY SIZE-REDUCTION EQUIPMENT. THE
POSSIBILITY OF INCLUDING SUCH PRELIMINARY SIZE-REDUCTION EQUIPMENT AS A
BULKY-SHREDDER AT THE CPF WILL BE CONSIDERED. IF THE STUDY IS
FAVORABLE, ACTIONS SHOULD TAKE PLACE FOR ACQUISTION AND INSTALLATION OF
EQUIPMENT TO BECOME OPERATIONAL WHEN RAIL HAUL IS ON LINE.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 071 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106771
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE STUDY MUST THEREFORE BE COMPLETED IN SUFFICIENT TIME FOR THESE
ACTIONS TO TAKE PLACE.
C. BO RECEIVING AREA AT CPF. SPECIAL RECEIVING AREAS AT THE CPF
WILL BE PREPARED TO ACCEPT BULKY OBJECTS SEPARATE FROM REGULAR
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL REFUSE. THIS ACTIVITY SHOULD BE
COMPLETED BY JANUARY 1, 1977.
D. BO RECEIVING AREA AT EMERGENCY SL. THIS ACTIVITY IS SIMILAR TO
THE ONE DESCRIBED ABOVE. IT SHOULD BE COMPLETED IN CONJUNCTION WITH THE
PREPARATION OF THE EMERGENCY LANDFILL SITE.
2. AGRICULTURAL WASTES (AW), SECURITY WASTES (SW) AND FLOTAGE AND
BEACH DEBRIS (FB). THIS WILL INCLUDE THE PREPARATION OF REGULATIONS
DEFINING OPERATING PROCEDURES FOR THE HANDLING OF AW, SW, AND FB, AND
THE DEVELOPMENT OF MONITORING PROGRAMS.
3. PEPCO ASH. THE COUNTY WILL COOPERATE IN THE DEVELOPMENT OF A
CONTINGENCY OUT-OF-COUNTY DISPOSAL PLAN TO BE IMPLEMENTED IN THE EVENT
THAT PEPCO'S PRESENT DISPOSAL METHOD FAILS. IN BOTH THE CURRENT METHOD
OF DISPOSAL, AND IN THE CONTINGENCY PLAN, RAIL HAUL SHOULD BE USED FOR
TRANSPORTATION.
4. HAZARDOUS WASTES (HW).
A. SURVEY OF HAZARDOUS WASTES. A SURVEY WILL BE PERFORMED TO
DETERMINE THE NATURE AND EXTENT OF HAZARDOUS WASTES GENERATED WITHIN THE
COUNTY, TO DETERMINE QUANTITIES GENERATED AND THE STATUS OF
HAZARDOUS-WASTE HANDLING. BASED ON THE RESULTS OF THIS STUDY, THE
COUNTY WILL DECIDE WHETHER OR NOT TO ASSUME THE RESPONSIBILITY FOR
DISPOSAL OF THESE WASTES. THE STUDY SHOULD BE COMPLETED BY MARCH 1974.
B. DESIGN, CONSTRUCT AND OPERATE HW DISPOSAL FACILITIES, IF
REQUIRED. APPROPRIATE PROCESSING AND DISPOSAL FACILITIES SHOULD BE
COMPLETED SO THAT OPERATIONS CAN START AUGUST, 1976.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 072 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106772
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
C. REGULATORY, OPERATIONAL AND/OR MONITORING PROCEDURES. THIS WILL
INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING PROCEDURES FOR
THE HANDLING OF HW, AND THE DEVELOPMENT OF INSPECTION, AND/OR MONITORING
PROGRAMS. THIS STEP WILL BE DEPENDENT ON THE RESULTS OF THE SURVEY OF
HAZARDOUS WASTES, AND SHOULD BE COMPLETED PRIOR TO AUGUST 1976.
5. USED TIRES (TR) AND WASTE OIL (WO).
A. MATERIAL RECOVERY FROM TR AND WO. A STUDY WILL BE PERFORMED TO
DETERMINE THE FEASIBILITY OF PROCESSING USED TIRES SEPARATELY TO RECOVER
SALEABLE MATERIALS. THE HANDLING AND DISPOSAL OF WO FROM COMMERCIAL AND
INDUSTRIAL SOURCES WILL BE TIED IN TO THE STATE'S AQNOUNCED PROGRAM FOR
PROCESSING WO.
B. REGULATORY, OPERATIONAL DNA MONITROING PROCEDURES FOR TR AND WO.
THIS WILL INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING
PROCEDURES FOR HANDLING TR AND WO, AND THE DEVELOPMENT OF A MONITORING
PROGRAM.
6. MEDICAL AND PATHOLOGICAL WASTES (MPW).
A. SURVEY OF MPW GENERATION. A SURVEY WILL BE PERFORMED TO ASSESS
THE MAGNITUDE OF THE MPW PROBLEM, AND TO MAKE AN ACCURATE DETERMINATION
OF QUANTITIES GENERATED, AND HANDLING AND DISPOSAL PRACTICES. THE
SURVEY SHOULD BE COMPLETED BY APRIL 1974.
B. COLLECTION PROGRAM FOR MPW. A PROGRAM WILL BE DEVELOPED FOR THE
COUNTY COLLECTION OF MPW. ROUTING, FREQUENCY OF COLLECTION, D ALL OTHER
ITEMS RELATED TO THE COUNTY'S MPW COLLECTION SYSTEM WILL BE FORMALIZED.
THIS ACTIVITY SHOULD BE COMPLETED BY APRIL 1975.
C. PATHOLOGICAL INCINERATOR. THIS PROJECT WILL INCLUDE THE DESIGN
AND CONSTRUCTION OF THE PATHOLOGICAL INCINERATOR, AS WELL AS AN
ENVIRONMENTAL IMPACT ASSESSMENT. CONSTRUCTION IS SCHEDULED TO BE
COMPLETED BY AUGUST 1976. THE COUNTY WILL FILE A PLAN OF COMPLIANCE
WITH THE STATE TO SECURE A PERMIT TO CONTINUE OPERATIONS OF THE ANIMAL
CREMATORIUM AT THE SOUTHLAWN SITE, UNTIL THE PATHOLOGICAL INCINERATOR
STARTS OPERATIONS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 073 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106773
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
D. REGULATORY, OPERATIONAL AND MONITORING PROCEDURES FOR MPW. THIS
WILL INCLUDE THE PREPARATION OF REGULATIONS DEFINING OPERATING
PROCEDURES FOR THE HANDLING OF MPW, AND THE DEVELOPMENT OF IMSPECTION
AND MONITORING PROGRAMS. THIS ACITIVTY SHOULD BE COMPLETED PRIOR TO
AUGUST 1976.
E. COLLECTION PROGRAM FOR MPW. COUNTY COLLECTION OF MPW FROM ALL
SOURCES SPECIFIED BY THE MPW SURVEY WILL BEGIN IN AUGUST 1976.
F. OPERATE PATHOLOGICAL INCINERATOR. THE INCINCERATOR SHOULD OPEN
IN AUGUST 1976, ACCEPTING PATHOLOGICAL WASTES FROM THE SOURCES
DETERMINED PREVIOUSLY.
7. ABANDONED VEHICLES (AV).
A. CONTINUE PRESENT PROGRAM. THE PRESENT PROGRAM, PART OF HEAP,
SHOULD CONTINUE. THE ONLY MODIFICATION COULD BE SIGNING CONTRACTS TO
REMOVE AV. THE PROGRAM SHOULD BE EXPANDED OR REPLACED AFTER THE
COMPLETION OF THE ONE YAR TRIAL PERIOD, IN APRIL 1974.
B. DISPOSAL CHARGE. THE COUNTY WILL STUDY THE MATTER OF LEGISLATION
PROVIDING A NOMINAL CHARGE TO BE ADDED TO THE YEARLY VEHICLE
REGISTRATION FEE, OR A SPECIAL ONE-TIME CHARGE, IN ORDER TO COVER
DISPOSAL COSTS.
8. LITTER.
A. PROJECT HEAP. THE COUNTY WILL CONTINUE TO OPERATE PROJECT HEAP
UNTIL APRIL 1974.
B. REVIEW OF PROJECT HEAP. AFTER ITS YEAR'S OPERATION, PROJECT HEAP
WILL BE EVALUATED TO DETERMINE WHETHER OR NOT THE COUNTY SHOULD CONTINUE
THE PROGRAM.
C. STUDY FOR SEPARATE ACCEPTANCE POINTS (SAP'S). TO PREVENT
ADDITIONAL ILLEGAL DUMPING OF WASTES, THE COUNTY WILL INITIATE A STUDY
TO DETERMINE THE FEASIBILITY, NUMBER, AND LOCATION OF AMNNED SAP'S FOR
REFUSE TRANSPORTED BY INDIVIDUALS AND FOR LITTER COLLECTED BY COUNTY
CREWS. THE STUDY WILL INCLUDE THE RESULTS OF THE EVALUATION OF PROJECT
HEAP, AND SHOULD BE COMPLETED BY JANUARY 1975.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 074 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106774
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
D. SAP'S. THIS WILL INCLUDE AN ENGINEERING DESIGN, PREPARATION OF
SPECIFICATIONS, AWARD OF EQUIPMENT AND CONSTRUCTION CONTRACTS, AND THE
CONSTRUCTION OF THE SAP'S, IF JUSTIFIED. CONSTRUCTION SHOULD BE
SCHEDULED TO BE COMPLETED SO THAT THE SAP'S WILL BE IN OPERATION BY
JANUARY 1, 1976.
E. LEAF COMPOSTING PROGRAM. THE COUNTY WILL CONTINUE ITS LEAF
COLLECTION AND COMPOSTING OPERATIONS AS PRESENTLY RUN.
9. SEWAGE SOLIDS (SS).
A. BLUE PLAINS SLUDGE. UPON COMPLETION OF INTERJURISDICTIONAL
DISCUSSIONS BEING HELD EARLY IN 1974, AMONG THE STATES OF MARYLAND AND
VIRGINIA, THE DISTRICT OF COLUMBIA, MONTGOMERY AND PRICE GEORGE'S
COUNTIES, THE WASHINGTON SUBURBAN SANITARY COMMISSION AND THE SEVERAL
VIRGINIA LOCAL AND REGIONAL GOVERNMENTAL AGENCIES INVOLVED, A PLAN WILL
BE DEV EOPED FOR THE DISPOSAL OF THE BLUE PLAINS WASTEWATER TREATMENT
PLANT SLUDGE RESULTING FROM THE INTERIM CHEMICAL TREATMENT PROGRAM.
THIS COULD INVOLVE ALLOCATIONS OF AMOUNTS OF SLUDGE TO VARIOUS
JURISDICTIONS FOR LOCAL DISPOSAL. ONCE THE COURSES OF ACTION ARE
DECEIDED AND AGREED TO, MONTGOMERY COUNTY WILL TAKE THE NECESSARY
ACTIONS TO ASSURE ITS SHARE OF THE EFFORT, AND INCORPORATE THE
INFORMATION RELATING THERETO IN THIS PLAN IN ACCORDANCE WITH ITS LOCAL
PROCEDURES. IT IS ANTICIPATED THAT ALL ACTIONS REQUIRD WILL BE
ACCOMPLISHED IN 1974.
B. MARYLAND ENVIRONMENTAL SERVICE (MES) COMPOSTING PROJECT. THE MES
WILL COMPLETE ITS YEAR OF OPERATION OF THE PILOT COMPOSTING PROJECT AT
THE BELTSVILLE, U.S. AGRICULTURE RESEARCH STATION, DURING EARLY 1974.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 075 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106775
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
AFTER RECEIPT OF THE RESULTS OF THE MES EVALUATION OF THE PROJECT,
MONTGOMERY COUNTY WILL ANALYZE THESE TO DETERMINE APPLICATION TO
HANDLING SLUDGE FROM WASTEWATER TREATMENT PLANTS LOCATED IN THE COUNTY.
ACTIONS WILL BE COMPLETED IN 1974.
C. ADVANCED WASTEWATER TREATMENT (AWT) PLANT SLUDGE. THE COUNTY'S
CURRENT TEN YEAR WATER AND SEWERAGE PLAN CALLS FOR "ALL EFFORTS TO BE
MADE TO INCORPORATE INTO THE AWT SYSTEM, PROVISIONS FOR SLUDGE
COMPOSTING AND/OR TRENCHING, OR SOME OTHER OPERATION WHICH WILL UTILIZE
SLUDGE AS A SOIL RESOURCE. SLUDGE INCINERATION SHOULD BE UTILIZED ONLY
TO THE EXTENT THAT ALL OTHER METHODS OF SLUDGE HANDLING HAVE BEEN FOUND
TO BE ECONOMICALLY OR ENVIRONMENTALLY INFEASIBLE." AS INDICATED IN
PARACRAPH 9B ABOVE, THE COUNTY WILL EVALUATE THE MES COMPOSTING PROJECT,
AND WILL ALSO ANALYZE OTHER PROCEDUES -- BOTH EXISTING AND DEVELOPING --
TO DETERMINE THE MOST ENVIRONMENTALLY SOUND METHODS TO BE INSTITUTED.
THE DECISION ON THE METHODS WILL BE MADE AS PART OF THE DECISIONS ON THE
FINAL DESIGN OF THE AWT. IT IS ANTICIPATED THAT SUCH DECISIONS WILL BE
MADE DURING 1974.
J. CITIZEN PARTICIPATION.
BY JULY 1974, THE COUNTY WILL ESTABLISH BY LEGISLATION, A PERMANENT
SOLID WASTE ADVISORY COMMITTEE, AND A PERMANENT COLLECTION ADVISORY
SUBCOMMITTEE THEREOF.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 076 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106776
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
1. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, OFFICE OF
PLANNING AND CAPITAL PROGRAMMING, "TEN YEAR SOLID WASTE MANAGEMENT PLAN
FYS 1975-1984" (OCTOBER 1973).
2. POPE, EVANS AND ROBBINS, "SOLID WASTE MANAGEMENT PLAN"
VOLUME 1: 7/75 DISPOSAL SYSTEM ANALYSIS AND RECOMMENDATIONS (NOV.
1972)
VOLUME 2: 7/75 DISPOSAL SYSTEM ANALYSIS AND RECOMMENDATIONS
APPENDICES (NOVEMBER 1972)
VOLUME 4: EXISTING CONDITIONS AND PROBLEM AREAS (JUNE 1973)
VOLUME 5: ALTERNATIVES CONSIDERED (JUEN 1973)
VOLUME 6: ANALYSIS, RECOMMENDATIONS AND PLAN OF ACTION (JUNE 1973)
VOLUME 7: APPENDICES (JUNE 1973)
3. WHITMAN, REQUARDT AND ASSOCIATES, "SOLID WASTE MANAGEMENT TEN
YEAR PLAN, 7/75 DISPOSAL SYSTEM, INVENTORY OF POTENTIAL SOLID WASTE
DISPOSAL SITES, VOLUME 3" (NOVEMBER 1972)
4. WHITMAN, REQUARDT AND ASSOCIATES, "REPORT ON SANITARY LANDFILL
SITE INVESTIGATIONS AND PRELIMINARY DESIGN CRITERIA DEVELOPMENT"
(SEPTEMBER 1973)
5. WHITMAN, REQUARDT AND ASSOCIATES, RTKL ASSOCIATES, JHK
ASSOCIATES, "INVESTIGATION OF POTENTIAL SANITARY LANDFILL SITES, PHASE
I-I SOLID WASTE DISPOSAL SYSTEM FOR MONTGOMERY COUNTY, MARYLAND"
(OCTOBER 1973)
6. JHK & ASSOCIATES, "A TRAFFIC ANALYSIS OF PROPOSED LANDFILL SITES"
(SEPT. 1973).
7. JAMES P. GLEASON, COUNTY EXECUTIVE, MEMORANDUMS TO COUNTY
COUNCIL:
"WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL" (NOVEMBER 13, 1972)
"SOLID WASTE DISPOSAL: RECOMMENDED SYSTEM AND SANITARY LANDFILL
SITE' (NOVEMBER 27, 1973)
"DRAFT TEN YEAR SOLID WASTE MANAGEMENT PLAN MODIFICATIONS" (DEC. 20,
1973).
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 077 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106777
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
8. MONTGOMERY COUNTY PLANNING BOARD REPORTS TO COUNTY COUNCIL:
"COUNTY EXECUTIVE'S 7/75 SOLID WASTE DISPOSAL SYSTEM REPORT" (DEC.
1972)
"SANITARY LANDFILL SITE SELECTION" (NOVEMBER 1973)
9. SOLID WASTE ADVISORY PANEL MEMORANDUMS TO COUNTY EXECUTIVE:
"SOLID WASTE DISPOSAL SYSTEM RECOMMENDATION" (NOVEMBER 10, 1972)
"SWAP'S RECOMMENDATION ON A NEW LANDFILL SITE FOR MONTGOMERY COUNTY"
(OCTOBER 12, 1973)
10. SOLID WASTE ADVISORY PANEL, "TESTIMONY PRESENTED AT THE PUBLIC
HEARING ON THE TEN YEAR SOLID WASTE MANAGEMENT PLAN" (NOVEMBER 14, 1973)
11. LETTERS TO "PRINCIPAL ELECTED OFFICIAL OF EVERY MUNICIPAL
CORPORATION CONCERNED" WITH SOLID WASTE PLAN (OCTOBER 1973)
12. LETTERS TO "OFFICIALS OF EVERY PRIVATELY OWNED SOLID WASTE
COLLECTION AND DISPOSAL SERVICE CONCERNED" WITH SOLID WASTE PLAN
(NOVEMBER 5, 1973)
13. LETTER FROM COUNTY COURT OF MINERAL COUNTY, WEST VIRGINIA
REGARDING BALE-RAIL SYSTEM (DECEMBER 10, 1973)
14. LETTER FROM COUNTY COURT OF GRANT COUNTY, WEST VIRGINIA
REGARDING BALE-RAIL SYSTEM (NOVEMBER 29, 1973)
15. PUBLIC HEARING RECORD ON THE MATTER OF SOLID WASTE REPORT
(DISPOSAL REPORT) OF JANUARY 4, 1973.
16. PUBLIC HEARING RECORD ON THE MATTER OF SITE SELECTION FOR A
SNAITARY LANDFILL OF NOVEMBER 3, AND 10, 1973.
17. PUBLIC HEARING RECORD ON THE MATTER OF THE TEN YEAR SOLID WASTE
MANAGEMENT PLAN, FY 1975-84 ON NOVEMBER 14, 1973.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 078 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106778
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
I. HISTORICAL BACKGROUND
GARBAGE, TRASH, RUBBISH, LITTER, ABANDONED AUTOMOBILES AND VARIOUS
OTHER DISCARDS OF CIVILIZATION CALLED "SOLID WASTES" CAN NO LONGER BE
IGNORED, INDISCRIMINATELY DUMPED, IMPROPERLY BURIED OR BURNED WITHIN
PRINCE GEORGE'S COUNTY. RECENT STATE AND LOCAL ENACTMENTS HAVE
EFFECTIVELY SET FORTH A BODY OF LAW AND REGULATION WHICH NOW PROVIDES
LOCAL GOVERNMENT WITH THE TOOLS IT NEEDS TO DEVELOP PROGRESSIVE AND
COMPREHENSIVE SOLID WASTES MANAGEMENT PLANS AND PROGRAMS.
THE GOVERNING BODY OF PRINCE GEORGE'S COUNTY, MARYLAND, IN DIRECT
RESPONSE TO THESE NEW REQUIREMENTS, FORMALLY INITIATED A COMPREHENSIVE
AND CONTINUOUS SOLID WASTES PLANNING, PROGRAMMING AND MANAGEMENT PROCESS
DESIGNED TO MEET PRESENT AND FUTURE NEEDS BY PROVIDING THE BEST
AVAILABLE LEVEL OF SERVICES WHILE PROTECTING PUBLIC HEALTH AND
PREVENTING ENVIRONMENTAL POLLUTION.
PRESENTED HEREIN IS A CASE STUDY OF PRINCE GEORGE'S COUNTY MARYLAND,
AND ITS INVOLVEMENT AND TOTAL COMMITMENT TO THE DEVELOPMENT AND
IMPLEMENTATION OF THE COUNTY'S FIRST SOLID WASTES MANAGEMENT PLAN.
A. NEED FOR THE COMPREHENSIVE SOLID WASTES MANAGEMENT PLAN.
PRICE GEORGE'S COUNTY IS LOCATED IN THE SOUTH CENTRAL PART OF
MARYLAND. IT COMPRISES A LAND AREA OF 485 SQUARE MILES AND IS BOUNDED
ON THE NORTH AND EAST BY THE PATUXENT RIVER; THE SOUTH BY CHARLES
COUNTY, MARYLAND; AND THE WEST AND NORTHWEST BY THE POTOMAC RIVER, THE
DISTRICT OF COLUMBIA AND MONTGOMERY COUNTY, MARYLAND.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 079 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106779
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
PROXIMITY TO THE NATION'S CAPITAL, GROWTH OF THE FEDERAL
ESTABLISHMENT, AND CLOSE LOCATION RELATIVE TO THE MAIN SURFACE
TRANSPORTATION CORRIDORS OF THE EASTERN SEABOARD HAVE CONTRIBUTED TO
PRINCE GEORGE'S COUNTY BECOMING IN RECENT YEARS ONE OF THE FASTEST
GROWING COUNTIES IN THE NATION.
PRIOR TO THE GREAT EXODUS OF THE CITY DWELLER TO THE UNCLUTTERED
SUBURBAN COUNTRYSIDE, PRINCE GEORGE'S COUNTY WAS CHARACTERIZED BY SMALL
TOWN COMMERCE, GEARED TO AGRICULTURE, AND PRIMARILY TOBACCO PRODUCTION.
THE AGRARIAN CHARACTER OF THE COUNTY, BASICALLY UNCHANGED DURING THE
FIRST 200 YEARS OF ITS HISTORY, WAS SUDDENLY AND COMPLETELY TRANSFORMED
IN THE COURSE OF A SINGLE GENERATION.
AS THE FEDERAL GOVERNMENT AND INDEED THE DISTRICT OF COLUMBIA GREW
AND ASSUMED NEW ROLES DURING AND IMMEDIATELY FOLLOWING THE SECOND WORLD
WAR, SO ALSO DID PRINCE GEORGE'S COUNTY. IN 1940 THE COUNTY'S
POPULATION WAS APPROXIMATELY 90,000. IT MORE THAN DOUBLED BETWEEN 1940
AND 1950 TO OVER 190,000 PERSONS. BETWEEN 1950 AND 1960 IT INCREASED TO
SLIGHTLY OVER 350,000 PERSONS. THE DECADE OF THE 1960'S SAW THE
GREATEST SINGLE DECENIAL POPULATION INCREASE IN THE COUNTY'S 264 YEAR
HISTORY. IN THIS SINGLE DECADE 300,000 NEW RESIDENTS WERE ADDED TO THE
COUNTY'S POPULATION, BRINGING THE TOTAL NUMBER TO OVER 660,000 PERSONS.
MOST CURRENT ESTIMATES PLACE THE 1973 POPULATION IN EXCESS OF 700,000
PERSONS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 080 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106780
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THIS STAGGERING RATE OF POPULATION GROWTH OVER THE PAST 30 YEARS HAS
TRANSFORMED THE COUNTY'S RURAL, AGRARIAN COUNTRYSIDE INTO A HIGHLY
COMPLEX, URBAN SOCIETY CHARACTERIZED BY HIGH POPULATION IN-MIGRATION, A
RESIDENTIAL HOUSING BOOM AND GROWTH OF IN-COUNTRY EMPLOYMENT. AS AN
URBAN ENTITY PRINCE GEORGE'S COUNTY HAS BEEN ENDOWED WITH MANY FAVORABLE
NATURAL FEATURES AND RESOURCES THAT HAVE PLAYED A MAJOR ROLE IN SHAPING
THE PHYSICAL AND ECONOMIC PROFILE OF ITS DEVELOPMENT.
THE ACCELERATION OF THE COUNTY'S POPULATION BETWEEN 1940 AND THE
PRESENT WOULD HAVE BEEN UNTENABLE, HOWEVER, WITHOUT THE SUPPORT OF A
SERIES OF RELATED FACTORS, INCLUDING EXPANDED TRANSPORTATION, ROAD
IMPROVEMENTS, WATER AND SEWER LINES, INCREASES IN EMPLOYMENT, EXPANDING
ECONOMIC BASE, AND A DESIRE ON THE PART OF NEW RESIDENTS TO SEEK THE
UNCLUTTERED COUNTRYSIDE AND A SEMBLANCE OF RURAL LIVING.
PRINCE GEORGE'S COUNTY IS TODAY A COMPLEX ENTITY PROVIDING URBAN
SERVICES TO OVER 700,000 RESIDENTS WHOSE NEEDS AND ASPIRATIONS ARE AS
VARIED AS ANY URBAN COUNTY.
AMONG THE MANY PUBLIC SERVICES WHICH MUST BE PROVIDED COUNTY
RESIDENTS, CONCERN OVER THE PROPER HANDLING AND DISPOSAL OF INCREASING
QUANTITIES OF SOLID WASTES HAVE OCCUPIED MORE AND MORE OF THE VALUABLE
TIME AND ENERGY OF THE GOVERNING BODY. INCREASING COSTS; MORE
EFFICIENT METHODS OF OPERATION AND PROPER DISPOSAL TECHNIQUES; RESOURCE
RECOVERY, RECYCLING, AND REUSE; CURB SERVICE VERSUS BACK DOOR SERVICE;
HAZARDOUS WASTES HANDLING AND NEW AND EXPANDED SERVICE AREAS; AND
POPULATION GROWTH -- ITS DISTRIBUTION, TIMING AND REQUIRED SERVICE
LEVELS -- ARE JUST A FEW OF THE MYRIAD CONCERNS WHICH HAVE OCCUPIED THE
MINDS OF PUBLIC OFFICIALS CHARGED WITH THE RESPONSIBILITY TO SEE THAT
SOLID WASTES ARE HANDLED IN A SAFE AND EFFICIENT MANNER.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 081 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106781
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
TO RESPOND TO THIS NEW CHALLENGE THE COUNTY HAS ISNTITUTED A SYSTEMS
MANAGEMENT APPROACH TO THE RESOLUTION OF THE GROWING SOLID WASTES
PROBLEM. A KEY INPUT TO THIS MANAGEMENT SYSTEM IS THE COUNTY'S RECENTLY
ADOPTED AND STATE APPROVED TEN YEAR SOLID WASTES MANAGEMENT PLAN WHICH
ATTEMPTS TO DRAW TOGETHER UNDER A SINGLE COVER THE IDENTIFICATION OF THE
GOALS, PROBLEMS, OBJECTIVES, PRIORITIES, PLANS AND PROGRAMS OF THE
COUNTY TO ADDRESS OVER THE ENSUING TEN-YEAR PERIOD THE QUESTION OF
EFFICIENT AND EFFECTIVE SOLID WASTES MANAGEMENT.
B. RESPONSIBILITY FOR PROGRAM DEVELOPMENT.
ON JUNE 30, 1976, THE FORMER BOARD OF COUNTY COMMISSIONERS FOR PRINCE
GEORGE'S COUNTY ADOPTED GENERAL RESOLUTION NO. 17-1967 WHICH OFFICIALLY
ACKNOWLEDGED PRINCE GEORGE'S COUNTY AS AN URBAN ENTITY. THE IMPORTANCE
OF THIS ACTION WAS THE FORMAL RECOGNITION BY THE COUNTY GOVERNING BODY
THAT A BASIC CHANGE IN THE CHARACTER OF THE COUNTY FROM RURAL TO URBAN
HAD INDEED OCCURRED, NECESSITATING THE PROVISION OF URBAN SERVICES ON A
MORE COMPREHENSIVE BASIS.
IN 1971, PRINCE GEORGE'S COUNTY CONVERTED FROM A FIVE-MEMBER
COMMISSION FORM OF GOVERNMENT TO A MORE COMPLEX AND RESPONSIVE REFORM
CHARTER GOVERNMENT CONSISTING OF AN ELECTED ELEVEN-MEMBER COUNTY COUNCIL
REPRESENTING THE LEGISLATIVE BRANCH AND A COUNTY EXECUTIVE REPRESENTING
THE EXECUTIVE BRANCH.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 082 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106782
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
DAY-TO-DAY ADMINISTRATION OF THE COUNTY GOVERNMENT RESTS FOR THE MOST
PART WITH THE ELECTED COUNTY EXECUTIVE WHO DIRECTLY OVERSEES THE
OPERATIONS OF ALL DEPARTMENTS AND AGENCIES.
THE CHIEF ADMINISTRATIVE OFFICER IS APPOINTED BY THE COUNTY EXECUTIVE
WITH COUNTY COUNCIL CONFIRMATION AND SERVES AS THE LINK BETWEEN THE
COUNTY EXECUTIVE AND THE 14 MAJOR DEPARTMENTS AND OFFICES UNDER THE
EXECUTIVE BRANCH OF THE GOVERNMENT.
MAJOR MANAGEMENT, RESEARCH PROJECTS AND PLANNING AND PROGRAMMING
COORDINATION ARE PART OF THE CHIEF ADMINISTRATIVE OFFICER'S
RESPONSIBILITIES. HE IS CHARGED WITH OVERSEEING THE DEVELOPMENT AND
COORDINATION OF THE COMPREHENSIVE TEN YEAR SOLID WASTE MANAGEMENT PLAN.
THE CHIEF ADMINISTRATIVE OFFICER IS ALSO RESPONSIBLE TO SEE THAT SOLID
WASTE MANAGEMENT, PLANNING AND PROGRAMMING ARE CARRIED OUT IN
CONFORMANCE WITH EXECUTIVE AND LEGISLATIVE POLICIES, AND ARE COMPATIBLE
WITH OVERALL COUNTY GOALS, PURPOSES AND CONCEPTS.
THE SOLID WASTES MANAGEMENT PLAN WAS PREPARED BY AN
INTER-AGENCY/DEPARTMENT TECHNICAL COMMITTEE UNDER THE SUPERVISION OF THE
CHIEF ADMINISTRATIVE OFFICER. THE PLAN WAS STRUCTURED TO MEET BASIC
STATE REQUIREMENTS AND STILL RESPOND TO PARTICULAR NEEDS OF THE COUNTY,
SUCH AS IN THE AREA OF RESOURCE RECOVERY AND HAZARDOUS WASTES HANDLING.
ONCE THE PROGRAM STRUCTURE WAS SET, EACH TECHNICAL COMMITTEE MEMBER
WAS ASSIGNED THE RESPONSIBILITY FOR A PARTICULAR SUBJECT AREA.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 083 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106783
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE CHIEF ADMINISTRATIVE OFFICER SERVED AS CLEARINGHOUSE TO RECEIVE
THE FRAGMENTED PLAN INPUT, AND ORGANIZED AND ARRANGED THE MATERIALS TO
REPRESENT A COHERENT PLAN AND PROGRAM REFLECTING IDENTIFIED COUNTY
GOALS, PROBLEMS AND NEEDS.
C. ROLE OF THE COUNTY
ONE OF THE UNUSUAL FACTS ABOUT PRINCE GEORGE'S COUNTY IS THAT IT HAS
MORE INCORPORATED TOWNS THAN ANY OTHER MARYLAND COUNTY, TOTALING 27 IN
ALL, NOT INCLUDING A PORTION OF THE TOWN OF TAKOMA PARK WHICH IS SHARED
BY MONTGOMERY COUNTY, MARYLAND. TODAY, ABOUT ONE-THIRD OF THE COUNTY'S
RESIDENTS RESIDE IN THE 28 INDIVIDUAL MUNICIPALITIES.
DURING THE PERIOD 1962-1963 THE MUNICIPAL GOVERNMENTS JOINTLY
PREPARED A STUDY WHICH RECOGNIZED THE NEED FOR CENTRALIZATION AND
SINGULAR COUNTY RESPONSIBILITY FOR SOLID WASTES PLANNING INCLUDING
COORDINATED DISPOSAL SERVICES.
IN RESPONSE TO THIS THE COUNTY ASSUMED THE RESPONSIBLITY TO PROVIDE
ADEQUATE SOLID WASTE DISPOSAL FACILITIES TO SERVE NOT ONLY THE AREA OF
THE COUNTY OUTSIDE MUNICIPAL BOUNDARIES, BUT ALSO THE MUNICIPALITIES
THEMSELVES. ALL OF THE COUNTY'S PLANNING AND PROGRAMMING EFFORTS IN THE
FIELD OF SOLID WASTES DISPOSAL INCLUDE ALLOWANCES FOR QUANTITIES OF
REFUSE GENERATED WITHIN THE ENTIRE BOUNDARY OF THE COUNTY.
IN ADDITION, THE COUNTY GOVERNMENT HAS PROVIDED TECHNICAL ASSISTANCE
TO MANY JURISDICTIONS OUTSIDE THE COUNTY AND SOME MUNICIPALITIES WITHIN
THE COUNTY REQUESTING ADVICE CONCERNING THEIR SOLID WASTE PROBLEMS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 084 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106784
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE COUNTY GOVERNMENT AND THE MUNICIPALITIES HAVE ESTABLISHED A VERY
CLOSE AND SUCCESSFUL WORKING RELATIONSHIP TO RESOLVE ASSOCIATED SOLID
WASTE PROBLEMS.
ALL OF THE MUNICIPALITIES WITHIN THE COUNTY PROVIDE REFUSE COLLECTION
SERVICE AS MUNICIPAL SERVICES, WITH SOME USING MUNICIPAL FORCES AND
OTHERS USING A CONTRACT SYSTEM WITH PRIVATE ENTERPRISE.
THE GOVERNING BODY OF PRINCE GEORGE'S COUNTY FULLY RECOGNIZES ITS
ROLE IN THE SOLID WASTE MANAGEMENT FIELD AND ACTIVELY PROVIDES THE LEGAL
AND ADMINISTRATIVE BASE AND GUIDANCE FOR ALL OF ITS ORGANIZATIONS AND
AGENCIES.
THE LEGISLATIVE BRANCH OF COUNTY GOVERNMENT PROVIDES THE LEGAL AND
POLICY BASE TO PERMIT ITS AGENCIES TO IMPLEMENT AND ENFORCE SOUND SOLID
WASTES MANAGEMENT PRACTICES.
THE COUNTY EXECUTIVE'S OFFICE PROVIDES THE EXECUTIVE LEADERSHIP
NECESSARY TO CARRY OUT THE LEGISLATIVE AND POLICY INTENT OF THE COUNTY
COUNCIL. THIS OFFICE IS RESPONSIBLE TO SEE THAT THE PLAN IS PREPARED
AND SUBMITTED FOR LEGISLATIVE REVIEW AND APPROVAL PRIOR TO ITS
IMPLEMENTATION.
IN SUMMARY, A CONTINUING PLANNING EFFORT IS SUSTAINED BY THE
GOVERNING BODY TO DETERMINE THE MOST ECONOMICAL, PRACTICAL AND
ENVIRONMENTALLY SOUND SOLID WASTES MANAGEMENT SYSTEM FOR THE ENTIRE
COUNTY.
ROLE OF OTHER GOVERNMENT GROUPS, CIVIC GROUPS AND THE PRESS.
AN INTERESTING ASPECT DEALING WITH THE DEVELOPMENT OF THE FIRST
COUNTY SOLID WASTES PLAN IS THAT THE PLAN WAS DEVELOPED BY AN
INTER-GOVERNMENTAL TECHNICAL COMMITTEE CONSISTING OF REPRESENTATIVES
FROM THE OFFICE OF THE COUNTY EXECUTIVE, THE COUNTY DEPARTMENT OF PUBLIC
WORKS AND TRANSPORTATION, COUNTY HEALTH DEPARTMENT, AND THE
MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 085 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106785
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
EACH AGENCY/DEPARTMENT MEMBER PROVIDED VALUABLE INPUT TO THE OVERALL
PLAN, INCLUDING THEIR TIME, ENERGY, RESIDENT EXPERTISE AND LOGISTIC
SUPPORT. IN THE TRUEST SENSE THE PLAN WAS PREPARED AS A COOPERATIVE,
INTER-GOVERNMENTAL EFFORT WITH THE CHIEF ADMINISTRATIVE OFFICER, LOCATED
WITHIN THE OFFICE OF THE COUNTY EXECUTIVE, SERVING AS THE CENTRAL
COORDINATION LINKAGE.
AS REGARDS PLANNING COORDINATION AND INTERJURISDICTIONAL COOPERATION
IN SOLID WASTES MANAGEMENT, THE COUNTY HAS BEEN ACTIVE IN PROMOTING
INTERLOCAL AND INTERSTATE COOPERATION WITHIN THE CONTEXT OF A REGIONAL
FORUM TO DISCOVER MUTUAL INTERESTS AND NEEDS AMONG NEIGHBORING
JURISDICTIONS. THE COUNTY IN ITS PLANNING EFFORTS HAS CLEARLY
RECOGNIZED THAT THE PROBLEM OF SOLID WASTE MANAGEMENT IS REGIONAL IN
SCOPE, AND THAT A CONSOLIDATED REGIONAL APPROACH TO SOLVING THE PROBLEMS
OF SOLID WASTE DISPOSAL MAY BE IN THE BEST INTERESTS OF ALL CONCERNED.
TO THIS END THE COUNTY HAS ACTIVELY SUPPORTED AND PARTICIPATED IN THE
EFFORTS OF THE METROPOLITAN WASHINGTON COUNCIL OF GOVERNMENTS IN
SEARCHING FOR A CONCENSUS TO SOLVING THE SOLID WASTES PROBLEM ON A
REGIONAL BASIS.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 086 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106786
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
ACTIVE CITIZEN INVOLVEMENT IS ALSO CONSIDERED AN IMPORTANT ELEMENT IN
THE SUCCESS OF THE COUNTY'S PLAN. A MAJOR PORTION OF THE PLAN IS
DEVOTED TO DEVELOPING A MORE EFFECTIVE AND RESPONSIVE PUBLIC INFORMATION
PROGRAM TO BETTER STIMULATE PUBLIC AWARENESS IN THE PROPER HANDLING,
RECYCLING AND DISPOSAL OF SOLID WASTES IN THE COUNTY.
DIRECT CITIZEN INVOLVEMENT; LECTURES, PAMPHLETS, AND BROCHURES,
UTILIZATION OF THE MEDIA, SUCH AS NEWSPAPERS, RADIO AND TELEVISION; AND
PUBLIC SERVICE NEWSLETTERS AND ANNOUNCEMENTS ARE BUT A FEW OF THE
METHODS USED TO GENERATE AND STIMULATE CITIZEN INTEREST AND SUPPORT FOR
THE SOLID WASTES MANAGEMENT PROGRAM. THE PROVISION OF RESOURCE
ASSISTANCE TO LOCAL COMMUNITIES IN CONDUCTING CLEAN-UP CAMPAIGNS AND
PILOT SOLID WASTE RECYCLING PROJECTS ARE FAVORED TECHNIQUES TO STIMULATE
AND IMPROVE THE ROLE OF CITIZEN PARTICIPATION.
E. MEANS OF FINANCING
THE PLAN WAS FINANCED PRINCIPALLY FROM COUNTY FUNDS. ADDITIONAL
FUNDING ASSISTANCE WAS PROVIDED FROM THE STATE'S SANITARY FACILITIES
FUND WHICH IS ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH ANE MENTAL
HYGIENE PURSUANT TO ARTICLE 43, SECTION 387B OF THE ANNOTATED CODE OF
MARYLAND.
F. ADEQUACY OF LEGAL REQUIREMENTS.
THE PLAN WAS PREPARED PURSUANT TO STATE LAW (ARTICLE 43, SECTION
387C) AND REGULATION (10.03.31) GOVERNING THE PLANNING OF SOLID WASTES
MANAGEMENT FACILITIES WITHIN THE STATE OF MARYLAND.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 087 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106787
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
II. SUMMARY HIGHLIGHTS OF THE FY 1974-1983 TEN YEAR COMPREHENSIVE
SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY.
THE FY 1974-1983 COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN
REPRESENTS A MAJOR STEP IN WHAT IS TO BECOME A CONTINUOUS SOLID WASTES
PLANNING, PROGRAMMING AND MANAGEMENT PROCESS. EACH YEAR THE PLAN WILL
BE SUBJECTED TO REVIEW AND, WHERE NECESSARY, REVISION. THE PLAN MAY
ALSO BE AMENDED PERIODICALLY TO RESPOND TO SITUATIONS REQUIRING
IMMEDIATE ACTION BY THE GOVERNING BODY.
THE PLAN IS DESIGNED TO RESPOND TO STATE REQUIREMENTS BY SETTING
FORTH A COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT AND PLANNING
PROGRAM CAPABLE OF MEETING PRESENT AND FUTURE NEEDS. THE PLAN
ENCOMPASSES THE ENTIRE GEOGRAPHIC AREA OF PRINCE GEORGE'S COUNTY AND
DEALS WITH CURRENT AND ANTICIPATED SOURCES OF SOLID WASTES; PROVIDES
FOR ACCEPTABLE DISPOSAL FACILITIES AND SPACE FOR FUTURE DISPOSAL SITES;
RECOMMENDS THE BEGINNING OF A MAJOR RECYCLING AND RESOURCE RECOVERY
PROGRAM; AND ACHIEVES CERTAIN ECONOMICS OF SCALE BASED ON PLANNING,
PROGRAMMING AND BUDGETING SYSTEMS CURRENTLY IN OPERATION WITHIN THE
COUNTY.
THE CONCEPT OF THE PLAN IS FOR THE GOVERNING BODY TO DEVELOP A SOUND
SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING PROGRAM WHICH WILL
PROVIDE FOR THE SAFE, EFFICIENT AND ECONOMICAL DISPOSAL OF SOLID WASTES
GENERATED WITHIN THE COUNTY. BASICALLY, THE PLAN INCLUDES THE
ESTABLISHMENT AND OPERATION OF AN INTEGRATED SYSTEM OF SANITARY
LANDFILLS, TRANSFER STATIONS, AND MAXIMUM VOLUME REDUCTION AND RECYCLING
PROCESSES IN SUCH A MANNER AS TO MINIMIZE POLLUTION OF NATURAL
RESOURCES, INCLUDING AIR, LAND AND WATER.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 088 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106788
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
IT IS RECOGNIZED THAT IN ORDER FOR THIS OR ANY PLAN TO BE
COMPREHENSIVE, IT MUST ALSO BE FLEXIBLE SO AS TO PERMIT THE ADOPTION OF
NEW TECHNOLOGIES AS THEY BECOME AVAILABLE. THIS CONCEPT OF SYSTEMS
FLEXIBIILTY IS THE HALLMARK OF THIS PLAN.
THE PLAN ALSO RECOGNIZES THAT A SATISFACTORY SOLUTION TO THE PROBLEMS
OF SOLID WASTE IS DEPENDENT TO A LARGE EXTENT ON THE KNOWLEDGE AND
ACCEPTANCE BY THE GENERAL PUBLIC OF THE VARIOUS PROGRAMS INITIATED BY
THE GOVERNING BODY. THIS PLAN PROVIDES FOR A WIDE RANGE OF CITIZEN
EDUCATION AND PARTICIPATION CONSISTENT WITH THE PURPOSE OF THE PLAN.
A. COMMUNITY COLLECTION SYSTEMS.
IT IS CALLED FOR THAT THE PRESENT SYSTEMS OF COLLECTION (E.G.
COUNTY, MUNICIPAL, AND PRIVATE) BE CONTINUED INTO THE FORESEABLE FUTURE
WITHOUT BASIC CHANGE. THE PRESENT METHODS OF COMBINED PUBLIC AND
PRIVATE COLLECTION WILL ALLOW MAXIMUM FLEXIBILITY WITHIN A CONTROLLED
AND REGULATED SYSTEM, AND WILL PERMIT THE CONTINUATION OF A BASIC
COMPETITIVE STRUCTURE THAT WILL HAVE THE ADVANTAGE OF KEEPING COSTS TO
THE INDIVIDUAL RESIDENT AS LOW AS POSSIBLE.
B. COMMUNITY COLLECTION SYSTEM AREAS.
THE PLAN CREATES A NEW CONCEPT OF "COMMUNITY COLLECTION SYSTEM AREAS"
WHICH ARE IDENTIFIED ON AN OFFICIAL MAP AS AREAS OF THE COUNTY CURRENTLY
RECEIVING COLLECTION SERVICES FROM COUNTY, MUNICIPAL OR PRIVATE SOURCES.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 089 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106789
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
ADDITIONAL AREAS DEPICTED ON THE OFFICIAL MAP INDICATE THOSE AREAS
WHERE THE OPPORTUNITY TO RECEIVE COUNTY COLLECTION SERVICES WILL OR WILL
NOT BE PROVIDED. THESE AREAS WERE DELIMITED BASED ON CURRENT LAND USE
PLANNING PROGRAMS AND REFLECT WHERE INTENSIVE URBAN DEVELOPMENT WILL BE
PERMITTED TO OCCUR DURING THE TEN-YEAR PLAN PERIOD.
FINAL APPROVAL AS TO WHETHER OR NOT COUNTY COLLECTION SERVICE WILL IN
FACT BE EXTENDED TO THE AREAS INDICATED ON THE MAP WILL BE BASED ON THE
ACCEPTANCE BY NOT LESS THAN 50% OF THE AFFECTED AREA RESIDENTS PRESENT
AT A PUBLIC HEARING HELD WITHIN THE COMMUNITY. THUS, DIRECT LOCAL
PARTICIPATION IN THE IMPLEMENTATION OF THE
C. COMMUNITY DISPOSAL SYSTEM.
THE COUNTY WILL CONTINUE TO EMPLOY SANITARY LANDFILLS AS THE PRIMARY
SOLID WASTES ACCEPTANCE AND DISPOSAL FACILITY. ALL PROPOSED LANDFILL
SITES WILL BE SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENTS PRIOR TO ANY
SITE COMMENCING OPERATION.
IT IS PROPOSED THAT BY 1983 THE ONLY NON-COUNTY OPERATED WASTE
ACCEPTANCE FACILITY IN OPERATION WILL BE THE CITY OF COLLEGE PARK'S
LANDFILL. ALL REMAINING SANITARY LANDFILL SITES WILL BE PHASED OUT AND
THE LAND RECLAIMED FOR PARK AND RECREATION USES.
BY THE END OF THE PLANNING PERIOD, THE COUNTY WILL HAVE PLACED IN
OPERATION TWO TRANSFER STATIONS, A MAXIMUM VOLUME REDUCTION AND RESOURCE
RECOVERY FACILITY, AND TWO SMALLER, COUNTY OWNED SANITARY LANDFILLS.
D. RESOURCE RECOVERY AS A MAJOR ELEMENT OF THE PLAN.
THE FIRST STEP IN THE DEVELOPMENT OF ANY RECYCLING PROCESS IS THE
CREATION OF A MARKET FOR RECYCLED MATERIALS. THE COLLECTION AND
SEGREGATION OF SOLID WASTES IS THE SECOND STEP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 090 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106790
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
TO REVERSE THIS LOGICAL SEQUENCE IS TO SOUND A DANGER SIGNAL TO ANY
MUNICIPAL OR COUNTY SOLID WASTES MANAGEMENT EFFORT.
IT IS APPARENT TO PRINCE GEORGE'S COUNTY THAT THE CLIMATE, COMMITMENT
AND NEED FOR RESOURCE RECOVERY, RECYCLING AND REUSE IS CLEARLY PRESENT.
HOWEVER, IT IS ALSO RECOGNIZED THAT THERE IS A SUBSTANTIAL RISK FACTOR
INVOLVED IN HIGH CAPITAL INVESTMENTS IN SYSTEMS WHICH MAY OR MAY NOT
WORK; OR WHICH MAY BE OBSOLETE BY THE TIME THEY ARE PLACED IN
OPERATION, OR SHORTLY THEREAFTER.
PRINCE GEORGE'S COUNTY IS COMMITTED TO THE DEVELOPMENT OF A TOTAL
SYSTEM OF RESOURCE RECOVERY. AS A FIRST OVERT STEP TOWARD THIS
REALIZATION, THE COUNTY WILL UNDERTAKE AS PART OF THE CONTINUOUS
PLANNING PROCESS A DETAILED MARKET ANALYSIS AND FEASIBILITY STUDY OF THE
POTENTIALS FOR TOTAL AND SELECTIVE RESOURCE RECOVERY.
COINCIDENT WITH THIS, THE COUNTY WILL BEGIN ASSEMBLING THE HARDWARE
WHICH WOULD IN THE COMPONENT FASHION BECOME THE BASIC BUILDING BLOCKS
FOR THE RESOURCE RECOVERY SYSTEM. FIRST ON THE PLAN IS ASSURED.
C. COMMUNITY DISPOSAL SYSTEM.
THE COUNTY WILL CONTINUE TO EMPLOY SANITARY LANDFILLS AS THE PRIMARY
SOLID WASTES ACCEPTANCE AND DISPOSAL FACILITY. ALL PROPOSED LANDFILL
SITES WILL BE SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENTS PRIOR TO ANY
SITE COMMENCING OPERATION.
IT IS PROPOSED THAT BY 1983 THE ONLY NON-COUNTY OPERATED WASTE
ACCEPTANCE FACILITY IN OPERATION WILL BE THE CITY OF COLLEGE PARK'S
LANDFILL. ALL REMAINING SANITARY LANDFILL SITES WILL BE PHASED OUT AND
THE LAND RECLAIMED FOR PARK AND RECREATION USES.
BY THE END OF THE PLANNING PERIOD, THE COUNTY WILL HAVE PLACED IN
OPERATION TWO TRANSFER STATIONS, A MAXIMUM VOLUME REDUCTION AND RESOURCE
RECOVERY FACILITY, AND TWO SMALLER, COUNTY OWNED SANITARY LANDFILLS.
D. RESOURCE RECOVERY AS A MAJOR ELEMENT OF THE PLAN.
THE FIRST STEP IN THE DEVELOPMENT OF ANY RECYCLING PROCESS IS THE
CREATION OF A MARKET FOR RECYCLED MATERIALS. THE COLLECTION AND
SEGREGATION OF SOLID WASTES IS THE SECOND STEP.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 091 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106791
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
TO REVERSE THIS LOGICAL SEQUENCE IS TO SOUND A DANGER SIGNAL TO ANY
MUNICIPAL OR COUNTY SOLID WASTES MANAGEMENT EFFORT.
IT IS APPARENT TO PRINCE GEORGE'S COUNTY THAT THE CLIMATE, COMMITMENT
AND NEED FOR RESOURCE RECOVERY, RECYCLING AND REUSE IS CLEARLY PRESENT.
HOWEVER, IT IS ALSO RECOGNIZED THAT THERE IS A SUBSTANTIAL RISK FACTOR
INVOLVED IN HIGH CAPITAL INVESTMENTS IN SYSTEMS WHICH MAY OR MAY NOT
WORK; OR WHICH MAY BE OBSOLETE BY THE TIME THEY ARE PLACED IN
OPERATION, OR SHORTLY THEREAFTER.
PRINCE GEORGE'S COUNTY IS COMMITTED TO THE DEVELOPMENT OF A TOTAL
SYSTEM OF RESOURCE RECOVERY. AS A FIRST OVERT STEP TOWARD THIS
REALIZATION, THE COUNTY WILL UNDERTAKE AS PART OF THE CONTINUOUS
PLANNING PROCESS A DETAILED MARKET ANALYSIS AND FEASIBILITY STUDY OF THE
POTENTIALS FOR TOTAL AND SELECTIVE RESOURCE RECOVERY.
COINCIDENT WITH THIS, THE COUNTY WILL BEGIN ASSEMBLING THE HARDWARE
WHICH WOULD IN THE COMPONENT FASHION BECOME THE BASIC BUILDING BLOCKS
FOR THE RESOURCE RECOVERY SYSTEM. FIRST ON THE COUNTY'S ACQUISITION
LIST, WHICH INCIDENTLY WILL BE SUBJECT TO VOTER APPROVAL AT THE NEXT
GENERAL ELECTION, ARE TWO HIGH COMPRESSION, SHREDDING-BALING SYSTEMS TO
BE INSTALLED AT THE COUNTY'S CENTRALLY LOCATED, SANITARY LANDFILL.
THESE INITIAL ACQUISITIONS WILL PERMIT THE SHREDDING OF WASTES IN
PREPARATION FOR POSSIBLE SELECTIVE SEGREGATION OF INITIAL RECYCLABLES
SUCH AS METAL.
STATEMENT OF TABOR RL, ACCOMPANIED BY SHASKAN C
RESOLUTION NUMBER 7-1590, 740122
TEN YEAR SOLID WASTE MANAGEMENT PLAN, FISCAL YEAR 750000 - 840000, MONTGOMERY COUNTY, MARYLAND, 740100
INITIAL COMPREHENSIVE TEN YEAR SOLID WASTES MANAGEMENT PLAN FOR PRINCE GEORGE'S COUNTY, MARYLAND
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 092 OF 92
TABOR RL DIRECTOR OF FEDERAL AFFAIRS
SHASKAN C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106792
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
THE BALING FACILITY WOULD PRINCIPALLY HANDLE THE RESIDUAL
NON-RECLAIMABLE WASTES FOR EITHER BALE-LANDFILLING WHICH IS
ENVIRONMENTALLY NON-DEGRADING AND WILL PERMIT MINING IN THE FUTURE WHEN
MARKETS ARE AVAILABLE, OR SHIPMENT TO A REGIONAL SOLID WASTES RECOVERY
AND RECYCLING PLANT WHICH MAY BE ESTABLISHED AS PART OF A LARGER
REGIONAL OR STATE SYSTEM.
RESOURCE RECOVERY, RECYCLING AND REUSE ARE CLEARLY THE CHOSEN COURSE
FOR THE FUTURE SOLID WASTES MANAGEMENT SYSTEM IN PRINCE GEORGE'S COUNTY.
SIMPLY STATED, RESOURCE RECOVERY CONSERVES OUR NATURAL RESOURCES;
REDUCES THE SOLID WASTE ACCUMULATION AND NECESSITY FOR CONTINUED
RELIANCE ON THE SANITARY LANDFILL; AND ADDS TO THE ECONOMIC STRENGTH OF
THE COUNTY, REGION AND STATE IF PROPERLY INSTITUTED.
E. ADMINISTRATION
1. THE PLAN CALLS FOR THE CREATION OF A BUREAU OF SOLID WASTES
MANAGEMENT OR A WASTES MANAGEMENT AGENCY TO BE HOUSED WITHIN THE COUNTY
DEPARTMENT OF PUBLIC WORKS TO SERVE AS THE COUNTY'S SOLID WASTES
PLANNING, PROGRAMMING, OPERATIONS, INSPECTIONS AND ENFORCEMENT AGENCY TO
MANAGE AND ADMINISTER THE COUNTY'S SOLID WASTES MANAGEMENT SYSTEM.
2. IT IS PROPOSED THAT AN ADEQUATE INFORMATION SYSTEM REFLECTING THE
TOTAL SPECTRUM OF SOLID WASTES MANAGEMENT WITHIN THE COUNTY BE
ESTABLISHED AND MADE CAPABLE OF REPORTING COMPATIBLE AND COMPREHENSIVE
DATA FOR PRESENT AND FUTURE PLAN FORMULATION AND IMPLEMENTATION.
STATEMENT STATEMENT OF OF BRILEY TABOR C RL, ACCOMPANIED B, ACCOMPANIED BY BY SHASKAN HORTON C
RA RESOLUTION
NUMBER THE NEED 7-1590, 740122 FOR
A NATIONAL TEN YEAR MATERIALS SOLID POLICY
WASTE NASHVILLE MANAGEMENT PLAN, TURNS TO FISCAL SOLID YEAR WASTE 750000 - FOR 840000, HEATING, COOLING MONTGOMERY COUNTY, SERVICES, 731000 MARYLAND,
740100
STATEMENT INITIAL OF COMPREHENSIVE BRILEY CB, TEN YEAR ON FEDERAL SOLID WASTES RESOURCE MANAGEMENT CONSERVATION AND PLAN FOR SOLID WASTE PRINCE MANAGEMENT GEORGE'S COUNTY, LEGISLATION, MARYLAND 740709
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 001 OF 23
PART 093 OF 92
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE
TABOR ASSISTANT
RL DIRECTOR AVERS, CE OF FEDERAL GENERAL MANAGER AFFAIRS -
CHIEF SHASKAN ENGINEER C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106793
106793
HEARING
TRANSCRIPT
SENATE
HEARING
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TRANSCRIPT
REPORT STUDY
MAYOR BRILEY. MR, CHAIRMAN, I AM BEVERLY BRILEY, THE MAYOR OF
METROPOLITAN NASHVILLE AND I HAVE NO ARGUMENT WITH MY FRIEND, THE
SENATOR WHO BROUGHT THE
ARGUMENT 3. TODAY. IT IS I PROPOSED AM ALSO THAT THE AN INTEGRATED
PAST PUBLIC PRESIDENT INFORMATION -- I PROGRAM DIDN'T BE INAUGURATED.
INTEND TO SAY SUCH A ALL PROGRAM OF THIS. WOULD INCLUDE BUT THE I
PUBLICATION OF THOUGHT I PAMPHLETS AND MIGHT INTRODUCE BROCHURES MYSELF
DESCRIBING -- GENERAL AND OF SPECIFIC THE SOLID NATIONAL WASTES
ASSOCIATION MANAGEMENT OF COUNTIES, ACTIVITIES; AS ANNOUNCE WELL
CERTAIN AS PUBLIC THE PAST ACTIONS RELATIVE PRESIDENT TO OF THE THE
COLLECTION, NATIONAL LEAGUE DISPOSAL OF AND CITIES. RECYCLING SO OF I
SOLID HAVE WASTES; A UNIQUE AND SEEK ROLE AND HERE PROVIDE OF NOT FOR A
BEING CONSCIOUS WIDE RANGE OF OF WHETHER IT CITIZEN PARTICIPATION IS AND
A INVOLVEMENT CADILLAC IN OR AN THE COUNTY'S AMERICAN MOTORS SOLID WASTE
OR FORD MANAGEMENT ACTIVITIES, OR INCLUDING WHAT HAVE POTENTIAL PILOT
YOU THAT RECYCLING WE EFFORTS. DRIVE
4. IN.
WE IT HAVE IS PROPOSED TO THATPROVISION HAVE SOME BE SYSTEM MADE TO
OF GOVERNMENT ASSIST LOCAL IN COMMUNITIES WHICH WE CONDUCT CAN CLEAN-UP
CAMPAIGNS CARRY AND FORWARD THE PILOT SOLID ANSWERS TO WASTE PROBLEMS.
MANAGEMENT
PROJECTS, I INCLUDING LOCAL THINK RECYCLING THE THINGS EFFORTS.
THATHAVE
5. BEEN SAID HERE IT IS ARE PROPOSED QUITE WELL THAT THE SAID.
COUNTY I HAVE FIRE CONCERNS DEPARTMENT, ABOUT WHICH REGIONALISM. IS THE
I BEST AM EQUIPPED GIVING AND TRAINED, A BE LITTLE PHILOSOPHY DESIGNATED
BEFORE THE PRIMARY I GET ACTION FORCE TO MY SERVING TESTIMONY, THE
BUREAU BUT LISTENING OF WASTES TO MANAGEMENT THE AGENCY REPERTOIRE WHO,
TODAY IN I TURN, AM SHALL VERY INTRIGUED OPERATE A WITH 24-HOUR IT
BECAUSE A IT DAY IS LISTENING POST MATTERS TO THAT IS COORDINATE THE
GIVING ME HANDLING AND A DISPOSAL LOT OF OF CONCERN HAZARDOUS THROUGH
AND MANY SPECIAL YEARS WASTE OF AS PUBLIC THE SITUATION SERVICE. MAY
I WARRANT. HOPE
6. SOMEWHERE REGIONALISM WILL IT IS FIND ITS PROPOSED PROPER THAT
PLACE. THE COUNTY'S
SENATOR OFFICE OF RANDOLPH. LAW YOU EXAMINE IN ARE PART DETAIL OF
THE THE POSSIBILITIES APPALACHIAN OF REGIONAL AMENDING DEVELOPMENT.
EXISTING
LAW TO MAYOR BRILEY. PROVIDE FOR THEY GREATER DON'T ENFORCEMENT LET
OF ANTI-DUMPING ME AND IN. LITER ORDINANCES. MY COUNTY
IV. SAID PROSPECTS THE FOR PER FUTURE CAPITA INCOME OF IS PROGRAM.
TOO HIGH. AS MENTIONED PRIVIOUSLY, I CAN'T THE HALLMARKS GET IN. OF
THE I PLAN AM ARE MADE ITS SYSTEMS ABOUT FLEXIBILITY IT. AND
THE SENATOR STAFFORD. REQUIREMENT FOR MR. ANNUAL REVIEW CHAIRMAN,
AND COULD UP-DATE I TO SAY AT REFLECT CHANGING THIS POINT TIME THAT AND
NEW SENATOR HOWARD TECHNOLOGIES. BAKER HAD VERY MUCH HOPED TO BE HERE
THIS MORNING AND ATTEND THE MEETINGS OF THIS PANEL IN ORDER TO GREET THE
MAYOR. HE IS THE RANKING MINORITY MEMBER OF THE PARENT COMMITTEE OF
THIS PANEL. BUT SENATOR BAKER HAS BEEN DELAYED EN ROUTE TO WASHINGTON
THAT IS THE REASON FOR HIS ABSENCE. HE APOLOGIZES TO YOU, MR. MAYOR,
THAT HE ISN'T HERE.
HE HAS ASKED US IN HIS BEHALF TO WELCOME YOU BEFORE THIS PANEL AND HE
WISHES US AND WE WANT TO EXTEND TO YOU HIS CONGRATULATIONS AND BEST
WISHES FOR THE EXCELLENT PIONEERING WORK THATIS BEING DONE IN NASHVILLE
TO HEAT, COOL, AND LIGHT GOVERNMENT BUILDINGS WITH ENERGY RECOVERED FROM
SOLID WASTE.
MAYOR BRILEY. THANK YOU VERY MUCH. SENATOR BAKER DOESN'T HAVE TO
APOLOGIZE TO ME. I KNOW HOW BUSY HE IS, ESPECIALLY THESE DAYS.
SENATOR DOMENICI. I KNOW WE ARE GOING LATE, MR. CHAIRMAN. BUT I
WANT TO SAY SOMETHING FIRST. PERHAPS THE MAYOR DOESN'T EVEN REMEMBER
THIS, BUT ABOUT 6 YEARS AGO WHEN I WAS MAYOR OF OUR CITY WE BROUGHT 100
BUSINESSMEN AND CIVIC LEADERS TO YOUR CITY WHO WERE ABOUT TO UNDERTAKE
THE FIRST PUBLIC HOUSING IN THE CITY OF ALBUQUERQUE, A MAMMOTH URBAN
RENEWAL PROJECT.
I JUST WANT TO TELL YOU, YOU HAVE NO IDEA WHAT AN IMPACT YOUR
GOVERNMENT AND THE WAY YOU SOLVED PROBLEMS OF HOUSING, REVITALIZATION OF
THE INNER CITY BUSINESS DISTRICT, HAD AN IMPACT ON OUR CITY OVER IN NEW
MEXICO. I CAN REPORT TO YOU THAT IS HAS BEEN FANTASTICALLY SUCCESSFUL.
IN FACT, IF YOU WANT TO SEND ANYONE TO A CITY THAT HAS A BETTER URBAN
RENEWAL PROJECT AND BETTER PUBLIC HOUSING THAN YOURS, WE WOULD BE GLAD
TO WELCOME THEM AND WE WILL TELL THEM THAT WE LEARNED FROM YOU.
STATEMENT STATEMENT OF OF TABOR BRILEY RL, C ACCOMPANIED B, ACCOMPANIED BY BY SHASKAN C HORTON
RA RESOLUTION
NUMBER THE 7-1590, NEED FOR 740122
A NATIONAL TEN YEAR MATERIALS POLICY SOLID WASTE
MANAGEMENT NASHVILLE TURNS PLAN, FISCAL TO SOLID YEAR WASTE 750000 FOR - 840000, HEATING, COOLING MONTGOMERY SERVICES, COUNTY, 731000 MARYLAND,
740100
STATEMENT OF INITIAL BRILEY COMPREHENSIVE CB, TEN YEAR ON FEDERAL SOLID RESOURCE WASTES MANAGEMENT CONSERVATION AND PLAN FOR SOLID WASTE PRINCE MANAGEMENT GEORGE'S COUNTY, LEGISLATION, MARYLAND 740709
THE NEED FOR A NATIONAL MATERIALS POLICY
PART 002 OF 23
PART 094 OF 92
BRILEY CB MAYOR
HORTON RA FISCAL
ADMINISTRATIVE ASSISTANT TABOR
RL DIRECTOR AVERS, CE OF FEDERAL GENERAL AFFAIRS MANAGER
- CHIEF SHASKAN ENGINEER C LEGISLATIVE RESEARCH ASSISTANT
SPATES AP SECRETARY, COUNTY COUNCIL
POTTER N PRESIDENT, COUNTY COUNCIL
KRAMER S VICE PRESIDENT
CHRISTELLER NL
HOVSEPIAN DY
GARROTT I
SCULL EL
SHER W
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
NATIONAL ASSOCIATION OF COUNTIES
COUNTY COUNCIL MONTGOMERY COUNTY, MD
106794
106794
HEARING
TRANSCRIPT
SENATE
HEARING
SENATE
TRANSCRIPT
REPORT STUDY
SO THANK YOU FOR THAT BEFORE YOU START TO TESTIFY, MR. MAYOR.
SENATOR RANDOLPH. SENATOR DOMENICI, SENATOR STAFFORD, WITH THE
JOVIAL MOOD NOW PERVADING
THE ROOM, WHAT I IS WOULD EMERGING WANT FROM THIS TO ADD FIRST PLAN
THAT TOM IS COOPER, THE REALIZATION YOUR AND ASSISTANT, IS ACCEPTANCE BY
THE GRANDSON THOSE WHO OF A ARE CONCERNED VERY THAT DEAR WE CONSTITUENT
NOW OF MINE HAVE IN FOR THE THE FIRST STATE OF TIME A WEST VIRGINIA.
PLANNING AND
MAYOR PROGRAMMING BRILEY. PROCESS FOR SOLID I WAS WASTES MANAGEMENT
JUST ABOUT WHICH TO IS INTRODUCE DYNAMIC BY HIM.
DESIGN SENATOR AND INTENT. RANDOLPH.
SO SENATOR RANDOLPH. THAT COVERS, MAYOR, I WILL BELIEVE, YOU
PRACTICALLY AT THE LONG REGION. LAST
MAYOR COME BRILEY. FORWARD? IF I MAY CARRY THE JOVIALITY A LITTLE
FURTHER, I HAVE WITH ME MY EXECUTIVE ASSISTANT. HE HAS BEEN WITH ME
ABOUT 24 YEARS IN LOCAL GOVERNMENT NOW. HE HAS BEEN MY EXECUTIVE
ASSISTANT, ORIGINALLY WITH FISCAL MANAGEMENT. HE HAS HEADED UP MY
RESEARCH STAFF, THE FORD FOUNDATION GRANTS I HAVE GOT ON ENVIRONMENTAL
MATTERS, PROGRAM PLANNING MATTERS AND AS HE SAYS, HE HAS LOST ALL OF HIS
HAIR AS A RESULT OF BEING AROUND ME. I AM CURRENTLY GROWING A
TRANSPLANT FOR HIM.
I REPRESENT, OF COURSE, THE U.S. CONFERENCE OF MAYORS AND THE
NATIONAL LEAGUE OF CITIES WHICH REPRESENTS REALLY ESSENTIALLY THE
INCORPORATED CITIES.
WITH YOUR PERMISSION I WILL FILE MY STATEMENT AND ALSO I HAVE A
COLLECTION OF DOCUMENTS THAT WE HAVE DONE ON ENVIRONMENTAL PROBLEMS
PARTICULARLY WITH RESPECT TO SOLID WASTE THAT WE HAVE UNDER THE FORD
FOUNDATION GRANTS, SOME OTHER GRANTS, THAT WE HAVE BEEN DOING SOME
RESEARCH ON AND ALSO THE MATTER OF OUR THERMAL TRANSFER CORPORATION
MENTIONED A MOMENT AGO WHEREIN WE ARE HEATING AND AIR-CONDITIONING
DOWNTOWN BUILDINGS WITH SOLID WASTE BURNING IN A CENTRAL PLANT.
(THE STATEMENT APPEARS AT P. 355; THE ADDITIONAL DOCUMENTS HAVE BEEN
RETAINED IN THE COMMITTEE'S FILES.)
IT IS INNOVATIVE AND THE ONLY ONE IN THE WORLD TODAY. IT IS IN
OPERATION, ON LINE JUST CURRENTLY.
WE ARE VERY MUCH GRATEFUL FOR THE FACT THAT THERE IS THIS GREAT
CONCERN NOW BEING EXPRESSED IN THE CONGRESS THAT IS REPRESENTATIVE OF
MANY BILLS THAT ARE NOW BEING INTRODUCED AND CERTAINLY THE CONCERN AND
ESTABLISHMENT OF THE PANEL FOR THE PURPOSE OF GOING INTO THIS BECAUSE IT
IS AND HAS BEEN FOR MANY YEARS A VERY, VERY PRESSING PROBLEM IN THE
URBAN AREAS.
THE CITIES, AND AS YOU GAVE THE STATISTICS THERE AWHILE AGO, THEY
OVERWHELM YOU. IF YOU ASK ME ONE OF THE MAJOR PROBLEMS AND MOST MAYORS
IN A SURVEY RANKED IT AS ONE OF THE MOST PRESSING PROBLEMS OF THE
MUNICIPALITY.
IT IS A GROWING PROBLEM AND THEN WITH THE ENVIRONMENTAL AGENCY, VERY
PROPERLY TAKING A VERY DIM VIEW OF THE PROBLEMS OF SOLID WASTE DISPOSAL
BY LANDFILLS WHICH WE ARE LEARNING MORE AND MORE ABOUT AS WE DO IT. WE
SEE THIS AS EVEN A MORE DIFFICULT PROBLEM IN THE FUTURE ALONG WITH THE
GROWING SIZE OF IT.
SO WE WOULD APPROACH IT FROM SEVERAL ANGLES. FIRST, IN ENERGY THAT
CAN BE DONE TO REDUCE THE SOURCE OF THESE MATERIALS, I THINK THIS WOULD
REQUIRE CONGRESSIONAL OR FEDERAL ACTION.
I THINK IT WILL REQUIRE MORE STUDIES OF IT, HOW WE CAN REDUCE THE
AMOUNT OF WASTE BEING CREATED BY OUR MANUFACTURERS AS HAS ALREADY BEEN
DISCUSSED HERE; MANY OTHER THINGS THAT THEY ARE DOING TO CREATE
ADDITIONAL WASTE THAT THEY MIGHT BE ABLE TO CONSERVE.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 003 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106795
HEARING
TRANSCRIPT
SENATE
INCIDENTALLY, LOOKING AT THIS YOU ALSO FIND A GREAT WASTE OF ENERGY
INVOLVED IN THIS. THERE MIGHT BE A CONSERVATION OF THE ENERGY AS A
BY-PRODUCT IF IT IS PROPERLY APPLIED.
I THINK WE ARE RATHER SLOW IN OUR TECHNOLOGY OF THE RECYCLING
PROGRAMS. I, AS A RESULT OF THE PLANTS THAT WE WERE PLANNING THERE,
LOOKED AT MANY RECYCLING VENTURES ALL OVER THE WORLD. I HAVE PERSONALLY
VISITED SOME OF THEM. OUTSIDE OF FERROUS MATERIALS AND WASTE PAPER THAT
COMES FROM THE COMMERCIAL HOUSES I DON'T SEE MUCH RECYCLING ADVANTAGE.
I THINK THE FINANCE SITUATION OF THE HAND METHOD OF SORTING IS JUST
NOT THE ANSWER TO THE PROBLEM. I THINK THERE IS A LOT IN THE TECHNOLOGY
THAT IS GOING TO HAVE TO BE DONE. WE MUST TO SOME EXTENT REDUCE THIS.
AS AN ILLUSTRATION I MIGHT GIVE YOU A PATTERN HERE. WE ARE RECYCLING
A LOT OF MATERIALS NOW IN NASHVILLE AND HAVE BEEN. WE HAVE PER MONTH
2,000 JUNKED AUTOMOBILES THAT GO INTO THE RECYCLING PROGRAMS; 6,200
TONS OF FERROUS METALS PER MONTH; 375 TONS OF NONFERROUS METALS; 2,500
TONS OF PAPER; 250 TONS OF TEXTILES AND FABRICS PER MONTH.
BUT PRINCIPALLY THAT IS COMING FROM THE SORT OF COMMERCIAL ENDEAVORS
THAT HAVE THE WASTE MATERIAL THAT DON'T HAVE TO GO THROUGH THE SORTING
PROBLEM WHICH IS VERY DIFFICULT.
SENATOR STAFFORD. AT THIS POINT WOULD YOU BE WILLING TO TELL US WHAT
THE POPULATION OF NASHVILLE MIGHT BE SO WE CAN PUT THAT IN CONTEXT OF
THE SAVINGS?
MAYOR BRILEY. YES; NASHVILLE, DAVIDSON COUNTY, IS A COMBINED
CITY-COUNTY GOVERNMENT, OF SOME 13 YEARS' DURATION AT THE PRESENT TIME
AND VERY POPULAR WITH THE PEOPLE. SO IT MUST HAVE BEEN SUCCESSFUL. WE
HAVE 600,000 PEOPLE ROUGHLY NOW BY THE ADJUSTED CENSUS FIGURES. I THINK
OUR CENSUS SHOWS US AT ABOUT 500,000. IT IS ABOUT 600,000. WE HAVE 533
SQUARE MILES. WE ARE IN THE CENTER OF THE REGION OF CLOSE TO ONE
MILLION PEOPLE. WE ARE A HUB OF A REGION. THERE IS A LOT OF ACTIVITY
IN BETWEEN. WE HAVE THE MIDCOMBINE COUNCIL GOVERNMENT WHICH IS OUR
REGIONAL AUTHORITY ON A PLANNING BASIS ONLY THAT WE WORK WITH. THERE
ARE 13 COUNTIES AND ALL OF THE CITIES IN THOSE COUNTIES THAT ARE IN THE
MIDCOMBINE COUNCIL OF GOVERNMENTS.
SENATOR STAFFORD. THANK YOU VERY MUCH.
MAYOR BRILEY. I WILL NOT TRY TO REPEAT ALL OF THE MATTERS IN THE
TESTIMONY WHICH WE ARE FILING BECAUSE I THINK A LOT OF IT HAS ALREADY
BEEN DISCUSSED HERE. IT WOULD BE REPETITIOUS. I THINK IT DOCUMENTS IT.
THE QUESTIONS THAT I SEE AGAIN GOING BACK TO THE ORIGIN OF IT IS TO
TRY TO REDUCE THE SOURCES OF THIS WASTE OR WHAT BECOMES WASTE. THEN TO
TAKE A LOOK AT WHAT HAS BEEN THE NATIONAL AND LOCAL EFFORTS, WHAT HAVE
BEEN THE FAILURES AND WHAT HAVE BEEN THE SUCCESSES. I THINK THIS
LEGISLATION IS DIRECTED TO ASCERTAIN SOME OF THIS AND TO TRY TO SET UP
AN AGENCY, IF THERE SHOULD BE A SEPARATE AGENCY, OR TAKE EXISTING
AGENCIES AND TAKE THE ADVANTAGE OF THE SUCCESSFUL PROGRAMS THAT WE HAVE
HAD AND LET'S EXPAND THEM AND MAKE THEM A NATIONWIDE PROGRAM BECAUSE IT
IS A NATIONAL PROBLEM.
AGAIN, I WOULD LIKE TO REPEAT THIS. THE MORE I HAVE STUDIED IT, THE
MORE THAT I HAVE SEEN IT IS A MATTER OF ENERGY INVOLVEMENT HERE. I
MIGHT USE THIS ILLUSTRATION. THE SCIENTIST GAVE ME THE IDEA THAT WE
WOULD HAVE ABOUT ONE-THIRD THE BTU CAPACITY IN SOLID WASTE ON THE BASIS
OF THE EXAMINATION OF OUR GARBAGE AS COMPARED TO A TON OF COAL.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 004 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106796
HEARING
TRANSCRIPT
SENATE
OUR EXPERIMENT NOW, WE HAVE BEEN ON IT JUST A SHORT TIME, AND IT IS
SHOWING NOW BECAUSE I AM SURE WE ARE NOT GETTING A CROSS SECTION OF
WASTE YET BEING BURNED, WE ARE RUNNING 40 TO 70 PERCENT OF THE BTU
CAPACITY OUT OF SOLID UASTE AS OF COAL.
AT THAT TIME WE WERE TALKING IN TERMS OF HOW MUCH IT WAS COSTING IN
TERMS OF AIR CONDITIONING AND HEATING THESE BUILDINGS. WE WERE TALKING
INTERMS OF 75 PERCENT OF THE COST OF THE FUEL REDUCED BY VIRTUE OF USING
THE SOLID WASTE.
SENATOR STAFFORD. WHAT KINDS OF SOLID WASTE ARE YOU USING TO PRODUCE
THE ENERGY?
MAYOR BRILEY. AT THE PRESENT MOMENT THE PRINCIPAL BURNING IS COMING
FROM THE CENTRAL DOWNTOWN AREA. OUR STUDY THAT WE MADE ON FEASIBILITY
OF COURSE INCLUDED THE COLLECTION OF ALL OF OUR SOLID WASTE.
WE ARE BURNING A CAPACITY OF THIS PLANT, THE 700 TONS PER DAY, 720
TONS PER DAY OUT OF A TOTAL SOLID WASTE STREAM OF APPROXIMATELY 2,400
TONS. ABOUT 500 TONS OF SOLID WASTE MATERIAL IS RECYCLED. THE REST OF
THE 1200 OR SO TONS IS STILL GOING TO LANDFILL.
SENATOR STAFFORD. THE 700 TONS THAT ARE BEING CONSUMED TO PRODUCE
ENERGY, WHAT TYPES OF SOLID WASTE ARE THEY? THAT IS REALLY MY QUESTION.
MAYOR BRILEY. WHAT WE WILL BE DOING, ALL OF OUR SOLID WASTE, EXCEPT
THAT WHICH CAN BE RECYCLED, WHICH ARE THE FERROUS METALS THAT ARE THE
ONES WE ARE DEALING WITH, AND THE PAPER COMING FROM COMMERCIAL HOUSES
THAT ARE NOT INVOLVED IN HAVING ANY SORTING PROBLEMS, THEY PRINCIPALLY,
AND OF COURSE THE RECYCLING OF TELEPHONE WIRES AND THAT TYPE OF THING
WHICH IS A SEPARATE OPERATION ENTIRELY. WE ARE BURNING ALL OF THE REST
OF THE SOLID WASTE THAT WE ARE GETTING. THIS IS OUR CURRENT PROGRAM
BECAUSE WE DO NOT FIND THAT THE RECYCLING IS FINANCIALLY FEASIBLE UNDER
THE PRESENT CONDITIONS OF TECHNOLOGY.
AS I SAY, WE HAVE NOT ONLY LOOKED AT THESE FIGURES AND STATISTICS
THAT OTHER PLACES HAVE USED, BUT AS WE HAVE GONE ABOUT AND VISITED THEM
WE FIND THAT THEY CAN'T JUSTIFY THEMSELVES. WE WOULD LIKE TO SEE THE
EXPERIMENTATION AND WE WOULD LIKE TO TAKE ADVANTAGE OF ANY SUCCESS
ANYONE ELSE HAS IN THE MATTER. WE LEARNED THIS: THAT BURNING A LOAD OF
CELERY THAT HAD GONE BAD ON THE MARKET, THAT DIDN'T HELP US VERY MUCH.
WATERMELON RINDS DO NOT MAKE VERY GOOD FUEL. WE LEARN LOTS OF THINGS IN
THE COURSE OF PROBLEM AREAS AS WE DEAL WITH THIS.
SENATOR STAFFORD. I GUESS MY QUESTION REALLY IS WHICH SOLID WASTES
MAKE GOOD FUEL. THAT IS WHAT I AM TRYING TO FIND OUT.
MAYOR BRILEY. OF COURSE WE WERE DEALING WITH IT IN TERMS OF MIXTURE.
OF COURSE PAPER MAKES VERY GOOD. WE USE RUBBER TIRES, TREE CLIPPINGS
AND THINGS THAT WE DON'T LET THEM HAVE OPEN BURNING ANYMORE, THIS TYPE
GIVES YOU A HIGH BTU RATING.
SENATOR STAFFORD. I THINK THATIS REALLY WHAT I WAS TRYING TO FIND
OUT, WHAT DID BURN WELL ENOUGH TO BE USED.
MAYOR BRILEY. WE ARE USING IT ALL BECAUSE YOU HAVE TO DISPOSE OF IT
IN SOME MANNER. IF YOU DO IT WITH THE RIGHT MIXTURE, YOU CAN MAINTAIN A
TEMPERATURE WHERE YOU ARE NOT IN ANY DIFFICULTY WITH SOME OF THE WET
WASTES THAT ARE INVOLVED.
MR. HORTON. WE ARE USING 2.5 MILLION GALLON WASTE LUBRICATING OIL
FROM THE SERVICE STATIONS AS AN AUXILIARY FUEL. IT IS SETTLED 30 DAYS,
PROCESSED TO THE POINT WHERE IT CAN BE USED AS AN AUXILIARY FUEL TO
MAINTAIN TEMPERATURE LEVELS AND COME INTO THE ENVIRONMENTAL CONSTRAINTS.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 005 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106797
HEARING
TRANSCRIPT
SENATE
SENATOR STAFFORD. THANK YOU. MY APOLOGIES FOR INTERRUPTING.
MAYOR BRILEY. NO APOLOGY AT ALL, SIR. WE APPRECIATE THE
INTERRUPTION FROM ANYONE ELSE THAT HAS QUESTIONS.
SENATOR DOMENICI. I GLANCED THROUGH, MR. CHAIRMAN, AND WE CAN
CERTAINLY READ HIS OBSERVATIONS ABOUT THE SEPARATE SECTIONS OF THE BILL
AS YOU CAN GIVE THEM TO US.
MAYOR BRILEY. THAT IS CORRECT. THAT IS THE WAY I FELT.
SENATOR DOMENICI. LET ME ASK YOU WITH REFERENCE TO THE CONSTRUCTION
OF YOUR ENERGY PRODUCTION PLANT. COULD YOU QUICKLY EXPLAIN HOW THIS WAS
FINANCED, WHO PUT IT TOGETHER?
MAYOR BRILEY. I AM VERY HAPPY TO DO THIS. WE CONCEIVED THIS IDEA --
I HAVE TO GIVE A BACKGROUND QUICKLY. NASHVILLE IS LOCATED RIGHT ON THE
RIVER BANK. WE HAVE SEVERAL MUNICIPAL BUILDINGS. WE WERE PLANNING SOME
ADDITIONAL BUILDINGS. I HAD ENGINEERS DEVELOP A COMPLEX OF AIR
CONDITIONING OUT OF A CENTRAL PLANT AND HEATING WHICH IS A COMMON DEVICE
USED IN MANY PLACES. I HAD A TASK FORCE WORKING ON SOLID WASTES. THEY
ALL COME UP WITH THE IDEA OF BURNING. QUESTION: WHERE DO YOU BURN;
HOW DO YOU BURN; WHEN DO YOU BURN; AND THE ENVIRONMENTAL PROBLEMS WE
ARE INVOLVED IN. THE HEAT THAT AFFECTS THE TEMPERATURE OF THE OUTSIDE
WEATHER CONDITIONS, WHICH ARE AFFECTED BY THIS TYPE OF BURNING. IT
DAWNED ON ME THIS WAS RATHER RIDICULOUS. WE WERE TRYING TO FIND A
FOSSIL FUEL TO AIR CONDITION AND HEAT AND HERE WE HAD A HEAT OUT HERE
THAT WE DIDN'T KNOW WHAT TO DO WITH. IT WAS JUST THERE.
WHAT DO YOU DO WITH IT? IT WAS ANOTHER ENVIRONMENTAL PROBLEM. WE
CAME UP WITH THIS IDEA OF COMBINING IT ALL TOGETHER, HAD IT STUDIED BY
THE SAME TASK FORCES THAT HAD BEEN DOING THE OTHER WORK. WE WERE ALSO
DOING SOME DOWNTOWN URBAN RENEWAL WHEREBY WE WERE RELOCATING UTILITIES
IN THE STREETS.
WE NOT ONLY FURNISH AIR CONDITIONING AND STEAM FOR OUR BUILDINGS, WE
ARE NOW DOING IT FOR THE STATE OF TENNESSEE, FOR MANY PRIVATE BUILDINGS
THAT ARE ALREADY BUILT AND MANY THAT ARE BEING BUILT IN THE URBAN
RENEWAL AREA.
THE PLAN CAME ABOUT AS A RESULT OF THE MULTIPLICITY OF PROBLEMS THAT
WE GOT THESE PEOPLE TOGETHER ON. WE TALKED ABOUT FINANCING. WE
APPROACHED THE EPA. FRANKLY I WAS VERY MUCH DISAPPOINTED TO DISCOVER
THAT IF WE HAD A LITTLE PILOT PLANT THAT THEY WOULD BE INTERESTED. A
LITTLE PILOT PLANT WE COULDN'T AFFORD. SOME OF THE BASIC SCIENCE WE HAD
TO PUT IN THE APPLICATIONS IN THE NEW TECHNOLOGY AND THERE ARE CERTAIN
EXPERIMENTATIONS AND CONTROL DEVICES THROUGH COMPUTERS AND WHAT HAVE
YOU, CONTROL TELEVISION WE WOULD LIKE TO PUT IN WHICH IS SOMETHING YOU
DON'T HAVE TO HAVE BUT YOU COULDN'T PUT ANYTHING IN IT. SO THEY SAID
YOU CAN'T FINANCE A THING LIKE THAT.
WE FINANCED IT ON A REVENUE BOND AND NO GENERAL OBLIGATION BONDS,
THAT FIRST ISSUE OF $17 MILLION. OUR PLANT IS NOW CONTRACTED FOR
CAPACITY. WE ARE GOING TO THE SECOND STAGE OF IT NOW. WHEN EPA WANTS
TO COME DOWN TO VISIT AND SEE WHAT WE ARE DOING, WE ARE GOING TO CHARGE
THEM $500 A DAY.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 006 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106798
HEARING
TRANSCRIPT
SENATE
SERIOUSLY, I THINK NOW THEY ARE SORRY THEY DIDN'T GET INTO THE WORK
WITH US AND I THINK IN TIME THEY WILL LEARN THAT WE HAVE GOT A LOT OF
BUGS IN IT, OF COURSE. WE WENT ON LINE IN JANUARY, STARTED BURNING
SOLID WASTE ABOUT 30 OR 40 DAYS AGO. WE HAVE HAD THE NORMAL BUGS YOU
HAVE IN A MASSIVE PLANT LIKE THIS AND PIONEERING THE EFFORT. REALLY
THERE IS NOTHING WE ARE DOING IN ANY OF IT THAT HASN'T BEEN DONE
SOMEWHERE ELSE IN VARYING SPLITUP SECTIONS. BUT BY PUTTING IT ALL
TOGETHER IT ADDED SOME ADDITIONAL PROBLEMS WHICH ARE BEING RESOLVED
WITHOUT ANY DIFFICULTY.
SENATOR DOMENICI. WHO OWNS THE FACILITY?
MAYOR BRILEY. WHAT WE DID BECAUSE OF FRANCHISED PROBLEMS IS WE SET
UP A PRIVATE CORPORATION. MY LAW DIRECTOR, PUBLIC WORKS DIRECTOR, BOB
HORTON, HERE FROM MY STAFF, THE FINANCE DIRECTOR, BECAUSE WE FURNISHED
THEM SO MUCH OF THE COMMODITY -- IN FACT, THE BIGGEST CONSUMER IN THE
STATE OF TENNESSEE -- WE HAVE TWO MEMBERS THERE. THE ATTORNEY GENERAL
OF THE STATE IS ON THE BOARD OF DIRECTORS AND THE COMMISSIONER OF
FINANCE AND ADMINISTRATION OF THE STATE IS ON THE BOARD OF DIRECTORS.
IT IS A PUBLIC CORPORATION WITH A DIRECTORSHIP NAMED BY THE TITLES
THAT THEY HOLD HERE THAT WILL OPERATE IT AND ESTABLISH THE RATES FOR THE
DISTRIBUTION OF IT.
SENATOR DOMENICI. DID I HEAR YOU SAY THAT YOU WERE PRESENTLY
SUPPLYING SOME OF THIS ENERGY TO THE PRIVATE SECTOR?
MAYOR BRILEY. YES.
SENATOR DOMENICI. ARE YOU RUNNING INTO ANY PROBLEMS WITH THE
EXISTING SUPPLIER OF ELECTRICITY OR NATURAL GAS?
MAYOR BRILEY. THREE REASONS, NO. THE ENERGY CRISIS -- OF COURSE, AT
THE TIME WE STARTED THIS 5 YEARS AGO WE WERE NOT TALKING ABOUT ENERGY
CRISIS IN TERMS OF TIME. BUT WE DID NOT HAVE IT BECAUSE THE NASHVILLE
ELECTRIC SERVICE IS A DIRECTOR OF TVA POWER AND IT IS APPOINTED BY THE
MUNICIPAL GOVERNMENT. THE NATIONAL GAS CO., A PRIVATE COMPANY
CONTROLLED BY A CORPORATION, HAVE JUST ABOUT ALL OF THE CAPACITY THEY
CAN HANDLE. SO WE HAVE NO DIFFICULTY. WE HAVE COMPLETE COOPERATION
WITH THEM IN THIS. I THINK NOW ON ACCOUNT OF THE ENERGY CRISIS THEY ARE
RATHER GLAD WE DID GO AHEAD WITH IT. TVA HAS GONE FROM $8 A TON OF COAL
TO $19.30. WHEN I WAS TALKING ABOUT THE CONSERVATION OF FUEL, WE WERE
USING $8 PRICES AS COMPARED TO $19. SO IT IS A MUCH GREATER SAVING AND
GAIN, WE HAVE REDUCED OUR COST OF COLLECTION OR WILL HAVE WHEN WE
COMPLETE WHAT WE ARE DOING BECAUSE WE ARE USING COMPACTION STATIONS NOW
IN ORDER NOT TO PUT TOO MUCH TRAFFIC WEIGHT DOWNTOWN IN HANDLING THESE
FUELS THAT ARE COMING INTO THE PLANT.
SO WE ARE GOING TO REDUCE OUR COST OF COLLECTION IN DIRECT PROPORTION
TO WHAT WE ARE ABLE TO SAVE THERE.
SENATOR DOMENICI. IN THE BROADER SENSE, MAYOR, AS REPRESENTATIVE OF
THE ASSOCIATION OF CITIES, WOULD YOU OR ANY OF YOUR STAFF ANSWER THIS
ONE FOR US?
IS IT FAIR TO ASSUME THAT, EVEN WITH COMPARABLE POPULATION AREAS, WE
MAY HAVE A PROBLEM OF JOINT VENTURE IN THE PRIVATE SECTOR WITH THE
PUBLIC SECTOR IN THIS CONVERSION SITUATION?
MAYOR BRILEY. THERE WILL BE SOME AREAS WHERE THIS POSSIBLY COULD BE
TRUE. BUT I HAVEN'T REALLY REALIZED OR BEEN ABLE TO PINPOINT ONE. I
ANTICIPATED THE PROBLEMS IN MY OWN AREA. BUT I DIDN'T HAVE ANY.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 007 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106799
HEARING
TRANSCRIPT
SENATE
WE ARE HAVING AN ENORMOUS NUMBER OF VISITORS COMING TO SEE THIS
BECAUSE OF THE INNOVATIVE FEATURES OF IT; I CAN'T TELL YOU HOW MANY. I
HAVE PEOPLE ANSWER THE DETAILS OF WHAT WE ARE DOING THERE. NONE OF THEM
HAVE INDICATED TO ME THAT THEY HAVE ANY PROBLEM WHEN THEY TALK TO THE
SUPPLIERS OF ENERGY IN THEIR AREA. SO I HAVE SUSPECTED THAT IT EXISTS
BUT I DON'T FIND IT.
SENATOR DOMENICI. ONE LAST QUESTION.
THE FIRST WITNESS TODAY INDICATED SERIOUS CONCERN FOR THIS KIND OF
PROGRAM BEING A NATIONAL EFFORT IN THAT IT MIGHT MOVE US TOWARD OR AWAY
FROM CONSERVATION AND REUSE AND RECYCLING OF THE KINDS OF MATERIAL THAT
ARE USED IN YOUR COMBUSTION PROCESS.
YOU HAVE EXPLAINED TO US THAT YOU ONLY USE 700 TONS OUT OF 2,400 AND
THAT SOME RECYCLED MATERIAL, I ASSUME THAT WHICH IS ECONOMICALLY
FEASIBLE TO BE RECYCLED, IS REMOVED AND RECYCLED.
WOULD YOU, BASED UPON YOUR EXPERIENCE, TELL US YOUR VIEWS IN THIS
REGARD?
MAYOR BRILEY. I THINK THAT THERE CAN BE A VERY HAPPY BALANCE
DEVELOPED IN THIS. I WOULD LIKE TO ADDRESS MYSELF TO ONE POINT THAT
MAKES WHAT HE IS TALKING ABOUT MORE POSSIBLE, IS TAKE A HEALTHY LOOK AT
THE FREIGHT RATE SITUATION. THE FREIGHT RATE SITUATION MAKES RECYCLING
VERY DIFFICULT.
SENATOR STAFFORD. WOULD THE SENATOR YIELD?
SENATOR DOMENICI. SURELY.
SENATOR STAFFORD. I REMEMBER THAT ONE OF YOU TESTIFIED THAT YOU USED
2 MILLION GALLONS; WAS IT A DAY?
MR. HORTON. 2.5 MILLION PER YEAR.
SENATOR STAFFORD. OF CONTAMINATED OR LUBRICATING OIL. MY QUESTION
REALLY IS I GUESS CAN YOU OPERATE AND BURN WITHOUT THE USED OIL BECAUSE
THE TIME MAY BE APPROACHING WHEN IT WILL BE FEASIBLE TO RECYCLE OIL
WHICH AFTER ALL IS NOT WORN OUT.
IT IS JUST FULL OF CONTAMINANTS. THE TIME MAY COME WHEN IT WILL BE
NECESSARY TO RECYCLE THAT TO HAVE ADEQUATE SUPPLIES OF OIL FOR ENGINES.
CAN YOU OPERATE YOUR PLANT WITHOUT THIS?
MAYOR BRILEY. OUR PLANT IS DESIGNED TO USE FOSSIL FUELS. WE FELT
LIKE IN MAINTAINING CERTAIN TEMPERATURE LEVELS NECESSARY, YOU HAVE TO
USE FOSSIL FUELS. IN CERTAIN WEATHER CONDITIONS WE WOULD HAVE TO REDUCE
THE AMOUNT OF GARBAGE BURNED AND LEAN MORE HEAVILY ON FOSSIL FUELS.
AS A UTILITY WE HAVE TO HAVE STANDBY BOILERS. YOU CAN HAVE
BREAKDOWNS. SO WE PROVIDED FOR THE USE OF OIL.
SENATOR STAFFORD. THANK YOU.
THANK YOU, SENATOR, FOR LETTING ME BREAK IN.
SENATOR DOMENICI. MR. CHAIRMAN, WE HAD INTERRUPTED THE TESTIMONY. I
TURN THE MATTER TO THE CHAIR FOR HOWEVER HE WANTS TO PROCEED.
SENATOR RANDOLPH. MAYOR, WERE YOU DESIROUS OF READING YOUR
STATEMENT?
MAYOR BRILEY. NO, SIR. I MADE A STATEMENT, AND I PREFER IT BE FILED
BECAUSE IT IS REALLY A REHASH OF SOME OF THE THINGS SAID HERE. I DO
WANT TO MAKE AN EMPHASIS ON THE QUESTION OF THE FREIGHT RATE BECAUSE I
DON'T THINK THE RECYCLING CAN EVERY BE DONE NATIONALLY ADVANTAGEOUSLY
UNLESS SOMETHING IS DONE ABOUT THE FREIGHT RATE PROBLEM INVOLVED.
I THINK THE OTHER THINGS HAVE BEEN PROPERLY DISPLAYED HERE AND
DISCUSSED TODAY. I WOULD BE GLAD TO TRY TO ANSWER ANY QUESTIONS THAT
MIGHT INVOLVE ANY OF THEM.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 008 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106800
HEARING
TRANSCRIPT
SENATE
OUR OWN EXPERIENCE HERE HAS CERTAINLY RECEIVED THE ATTENTION OF THE
PANEL HERE TODAY, AS PEOPLE FROM ALL OVER THE WORLD ARE COMING TO TAKE A
LOOK AT WHAT WE ARE DOING ON THIS THERMAL TRANSFER THING THAT WE HAVE
DEVELOPED.
IT HAS BEEN A FANTASTIC THING. I PREDICT -- I AM GOING OUT OF OFFICE
IN SEPTEMBER OF 1975, AND I THINK I AM GOING INTO BUSINESS AND MAKE A
LITTLE MONEY FOR A CHANGE AND GET OUT OF POLITICS.
SENATOR RANDOLPH. I LOOK AT YOU AND I KNOW YOU WILL NEVER QUIT.
SENATOR DOMENICI. HE QUIT WHEN I WENT THERE. THAT WAS ABOUT 6
MONTHS FROM ELECTION, AND HE WASN'T GOING TO RUN AGAIN.
SENATOR RANDOLPH. AS WE COME THIS WAY ON THE TABLE HERE, WE GET
OLDER. I KNOW THAT SENATOR DOMENICI IS UNDER 45. WITHOUT DIVULGING ANY
SECRETS, I KNOW THAT SENATOR STAFFORD IS OVER 60. WITHOUT EQUIVOCATION
SENATOR STAFFORD. YOU HAVE GONE FAR ENOUGH, MR. CHAIRMAN.
SENATOR RANDOLPH (CONTINUING). I KNOW I AM 72, BUT IT GIVES ME THE
OPPORTUNITY TO SAY THAT WE SHARE VERY MUCH THE DISTINCTION THAT COMES TO
YOU, PETE, BEING ONE OF THE 200 YOUNG LEADERS OF OUR NATION, MEN AND,
WOMEN, AS EXPRESSED IN THE CURRENT ISSUE OF TIME, NOT ONLY WHAT YOU ARE
DOING NOW, BUT WHAT YOU ARE GOING TO BE DOING IN THE YEARS AHEAD.
IT IS VERY COMFORTING TO THOSE OF US WHO ARE OLDER, NO MATTER WHETHER
WE ARE IN PUBLIC OFFICE OR IN PRIVATE LIFE. I JUST WANT THE RECORD TO
INDICATE THAT WE ARE FORTUNATE TO HAVE YOU IN THE SENATE AND A MEMBER OF
THIS PANEL AND THE PUBLIC WORKS COMMITTEE.
SENATOR DOMENICI. MR. CHAIRMAN, I THANK YOU. IT IS A LITTLE LATE TO
TELL THE MAYOR THAT THE MAYORSHIPS ARE NOT ALL DEAD-END STREETS.
ACTUALLY I THINK PROBABLY IF YOU ARE GOING TO GET OUT OF BEING A MAYOR,
YOU HAVE TO GET IN AND GET OUT QUICK.
I THINK YOU, MAYOR BRILEY, HAVE MADE A DECISION CONTRARY TO THAT. I
NOT ONLY SHARE THE BELIEF OF THE CHAIRMAN THAT YOU ARE IN IT FOR GOOD,
BUT I THINK THE KIND OF PROGRESS THAT YOUR CITY AND COUNTRY HAS MADE,
THE KIND OF LEADERSHIP THAT COMES FROM THERE DESERVES THAT YOU STAY IN
SOME POSITION WHERE YOU EMPHASIZE FOR ALL OF AMERICA THE STRENGTH OF
LOCAL GOVERNMENT.
IT IS ABSOLUTELY FANTASTIC TO SEE WHAT YOU HAVE DONE. WE READ ABOUT
IT AND POLITICAL SCIENTISTS TALK ABOUT IT, BUT WHATEVER THE MOTIVATION
OF THE CITY AND COUNTRY THAT YOU HAVE HAD AS CHIEF EXECUTIVE, IS JUST
EXCELLENT IN ANYBODY'S POLITICAL SCIENCE, MUNICIPAL GOVERNMENT, OR LOCAL
GOVERNMENT TEXTBOOK.
IT IS BECAUSE OF YOUR KIND OF LEADERSHIP. I HOPE WE DON'T LOSE THAT
FOR THIS COUNTRY, MUCH LESS FOR YOUR CONSTITUENTS.
MAYOR BRILEY. THANK YOU. I CONSIDER THAT A REAL TRIBUTE.
SENATOR RANDOLPH. DO YOU HAVE ANY FURTHER QUESTIONS?
SENATOR DOMENICI. NO. THANK YOU, MR. CHAIRMAN.
MAYOR BRILEY. ALSO, I DID OVERLOOK ONE THING I WOULD EMPHASIZE. I
THINK THAT THE MATTER OF TECHNOLOGY EXPERIMENTS ARE VERY DESIROUS. I
DON'T KNOW WHO CAN FINANCE THEM. WE CAN'T FINANCE THEM AT THE LOCAL
LEVEL. THERE NEEDS TO BE SOME ENCOURAGEMENT. I WILL BE FRANK WITH YOU.
I AM VERY GRATEFUL TO THE FORD FOUNDATION FOR GIVING US SOME
SUBSTANTIAL GRANTS THAT HAS CAUSED US TO BE ABLE TO DO A GOOD MANY
THINGS THAT WE WOULD NOT HAVE BEEN ABLE TO DO, WHICH MR. HORTON HERE HAS
BEEN CAPABLE OF LEADING. THERE ARE MANY THINGS THAT WE WOULD LIKE TO
SEE CARRIED OUT, BUT WE JUST DON'T HAVE THE FUNDING TO DO IT.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 009 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106801
HEARING
TRANSCRIPT
SENATE
SENATOR RANDOLPH. HOW MUCH MONEY HAS FORD PLACED IN THIS PROGRAM?
MR. HORTON. IT IS GOING TO BE MORE THAN $1 MILLION; $650,000 FOR
THE FIRST 2 YEARS. WE ARE GETTING READY TO GO INTO THE SECOND 2-YEAR
PHASE.
SENATOR RANDOLPH. EPA HASN'T GIVEN YOU ANY MONEY?
MR. HORTON. EPA HASN'T GIVEN US A THING BUT A HARD TIME.
MAYOR BRILEY. WE REDUCED THE AIR POLLUTION BY 80 PERCENT OF NOXIOUS
GASES OVER EXISTING PLANTS, AND SOLID PARTICLES BY 75 PERCENT IN PUTTING
IT ALL IN ONE PLANT PROPERLY CONTROLLED. TO GO WITH THE EXISTING PLANTS
ARE TO SAY NOTHING OF THE NEW BUILDINGS.
SENATOR RANDOLPH. MAYOR, I ASKED THIS EARLIER. YOU HEARD THE
COMMENT OF MR. MERRITT. THE BILL THAT I HAVE INTRODUCED IS ONLY ONE OF
THE MEASURES. I WANT ALL OF US TO UNDERSTAND THAT I HOPE WILL BE ABLE
TO PRODUCE A COMPOSITE OF WHAT WE CAN DO IN A BILL THAT WILL MEET THE
NEEDS.
HOWEVER, REFERRING TO S' 3560. THIS LEGISLATION WOULD REQUIRE THE
MANUFACTURERS OF CONTAINERS TO GUARANTEE PURCHASE OF ALL RECOEERED
RESOURCES FROM CONTAINERS RECOVERED FROM RESOURCE RECOVERY SYSTEMS,
CONSTRUCTED WITH FUNDS UNDER THE SOLID WASTE DISPOSAL ACT, AS AMENDED.
I WANT TO ASK YOU HOW YOU FEEL ABOUT THIS, IF YOU BELIEVE, IN
PRINCIPLE, THAT YOU COULD SUPPORT A GUARANTEED MARKET FOR RECYCLED
MATTER?
MAYOR BRILEY. I THINK IT SHOULD BE A CONTROL OF THE SOURCE. THERE
SHOULD BE CONCERN IN NOT LETTING THE LOCAL GOVERNMENTS IN THE ABSENCE OF
SOMETHING DONE TO HAVE THE AUTHORITY.
WE THINK THEY HAVE BEEN HELPFUL IN HANDLING OF THEIR LOCAL PROBLEM.
WE WOULD NOT LIKE TO SEE IN THAT AN ELIMINATION OF THEIR HAVING SOME
ADDITIONAL CONTROL IN CONNECTION WITH IT. IT IS JUST LIKE THE BEER
CANS. IT TOOK THEM MANY YEARS TO PUT ON THE TOP OF IT "PLEASE BE
CAREFUL" ABOUT DISPOSAL. THEY HAVE A PRESS. ALL THEY HAVE TO DO IS PUT
A FEW LETTERS ON IT. IT TOOK THEM YEARS TO EVER GETTING AROUND TO
PUTTING IT ON THERE.
THE INDUSTRY HAS NOT BEEN AS CONCERNED ABOUT THIS AS WE WHO HAVE THE
PROBLEM HAVE BEEN CONCERNED ABOUT IT.
(SUBSEQUENT TO THE HEARINGS, THE FOLLOWING ARTICLE WAS INSERTED IN
THE RECORD AT THE REQUEST OF SENATOR RANDOLPH:)
(FROM PROFESSIONAL ENGINEER, OCTOBER 1973)
(BY CARL E. AVERS, P.E., GENERAL MANAGER/CHIEF ENGINEER, NASHVILLE
THERMAL TRANSFER CORP.)
THE WORLD'S FIRST LARGE-SCALE PLANT TO PRODUCE BOTH STEAM AND CHILLED
WATER FROM SOLID WASTE DEMONSTRATES A UNIQUE MUNICIPAL INTERFACE OF
ENERGY CONSERVATION AND ECONOMICS.
THE NASHVILLE THERMAL TRANSFER CORPORATION CENTRAL HEATING AND
COOLING SERVICE PROJECT, WHICH INCLUDES A SOLID WASTE-FUELED PLANT, HAS
THESE PRIMARY OBJECTIVES:
1. PROVIDE LOW-COST DISTRICT HEATING AND COLLING TO NASHVILLE'S
CENTER CITY AREA BUILDINGS.
2. RECOVER ENERGY IN ALL COMBUSTIBLE SOLID WASTE NOT RECYCLED FOR
OTHER PURPOSES.
3. VIRTUALLY ELIMINATE THE NEED FOR SANITARY LANDFILL IN NASHVILLE.
4. REDUCE SUBSTANTIALLY AND ALMOST ELIMINATE THE SOLID WASTE
DISPOSAL COST FOR NASHVILLE.
5. IMPROVE WATER AND AIR QUALITY IN URBAN NASHVILLE BY MEETING SOLID
WASTE DISPOSAL, WATER, AND AIR EMISSION STANDARDS WITH A CENTRAL PLANT
WHICH INCORPORATES EFFECTIVE ENVIRONMENTAL CONTROL EQUIPMENT.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 010 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106802
HEARING
TRANSCRIPT
SENATE
6. PROVIDE FOR MAJOR FERROUS MATERIAL RECYCLING FROM INCINERATOR
RESIDUE.
7. CREATE AND OPERATE A SOLID WASTE-FUELED CENTRAL HEATING AND
COOLING PLANT PROJECT THAT HAS A FAVORABLE ECONOMIC AND ENVIRONMENTAL
IMPACT ON THE COMMUNITY.
THE PROJECT IS CALLED "CASH FOR TRASH" IN NASHVILLE. IN THE TRADE
MAGAZINES IT IS REFERRED TO AS "ONE OF THE MOST EXCITING THINGS IN THE
BUSINESS OF RUNNING CITIES AND LIVING ECOLOGICALLY."
THE PROJECT WILL HEAT AND COOL NASHVILLE'S DOWNTOWN HIGH-RISE
BUILDINGS WITH ENERGY RECOVERED BY COMBUSTING THE CITY'S GARBAGE AND
TRASH. THE DESIGN ENGINEERS, I. C. THOMASSON & ASSOCIATES, INC.,
PREDICT THAT WITHIN A YEAR MORE THAN THREE-FOURTHS OF THE AIR POLLUTION
WHICH IS CURRENTLY EMITTED BY THE BUILDINGS TO BE SERVED WILL BE
ELIMINATED. AT THE SAME TIME, THE BUILDING OWNERS WILL ENJOY SAVING
BETWEEN 15 AND 50 PERCENT ON THEIR NORMAL BUILDING HEATING AND COOLING
COSTS.
A NEW CONVENTION HOTEL, EXPECTED TO BE COMPLETED SOON AFTER THE
PROJECT IS READY FOR SERVICE, WILL SAVE AN ESTIMATED $400,000 IN CAPITAL
COSTS BY NOT HAVING TO INSTALL ITS OWN IN-BUILDING HEATING AND COOLING
PLANT. THE AVERAGE PRICE FOR CHILLED WATER IS $4.14/TON AND THEPRICE
FOR STEAM IS ABOUT $1.50 PER 1000 LB. THE METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON COUNTY WILL SAVE ABOUT $1.25 MILLION YEARLY BY
AVOIDING OPERATION OF AND HAULING TO EXPENSIVE REMOTELY LOCATED SANITARY
LANDFILLS.
BUILDING OWNERS WILL NOT HAVE TO WORRY ABOUT SHORTAGES OF GAS, OIL,
AND COAL BECAUSE THE PROJECT'S FUEL WILL ESSENTIALLY BE 100 PERCENT
SOLID WASTE WHICH IS IN CONSTANT AND INCREASING SUPPLY. CENTRAL HEATING
AND COOLING PLANTS HAVE PROVEN TO BE A WAY OF CONSERVING ENERGY,
REDUCING POLLUTION, AND REDUCING CAPITAL AND OPERATING COSTS FOR
BUILDING HEATING AND AIR CONDITIONING PLANT FACILITIES. AT THIS POINT
THE NASHVILLE ENTERPRISE APPEARS TO PROVE THE OLD ADAGE THAT PROBLEMS
ARE MERELY UNEXPLOITED OPPORTUNITIES. THE NASHVILLE TYPE SYSTEM IS
BEGINNING TO BE UTILIZED AS A MODEL FOR OTHER CITIES WITH HIGH SOLID
WASTE DISPOSAL COSTS.
LOCAL GARBAGE AND TRASH ROUTE TRUCKS OPERATING THROUGHOUT THE COUNTY
WILL DELIVER THEIR SOLID WASTE TO THREE STRATEGICALLY LOCATED TRANSFER
STATIONS. AT THESE STATIONS, SOLID WASTE FROM MANY LOCAL, RELATIVELY
SMALL TRUCKS WILL BE PLACED IN LARGE 65 TO 75 CUBIC YARD TRAILER TRUCKS.
THE SOLID WASTE WILL THEN BE DELIVERED TO THE PLANT IN THESE LARGE,
FULLY ENCLOSED SEMI-TRAILER TRUCKS AND DUMPED INTO A REFUSE PIT LARGE
ENOUGH TO PERMIT WEEKDAY AND WEEKEND OPERATION ON WEEKDAY DELIVERIES.
ONE OR TWO DELIVERIES PER HOUR WILL BE MADE TO THE CENTRAL PLANT. THE
TRANSFER STATION PROCESS WILL SIGNIFICANTLY REDUCE ANNUAL TRAVEL AND
KEEP LOCAL TRUCKS OFF THE MAIN ROADS AND PERMIT THEM TO RETURN TO THEIR
ROUTES MORE QUICKLY, THUS SAVING FUEL AND LABOR COSTS.
THE NASHVILLE PROJECT IS ENERGY CONSERVATION AT ITS BEST. THE
THERMAL ENERGY VALUE IN A POUND OF SOLID WASTE IS ROUGHLY ONE-THIRD TO
ONE-HALF THE VALUE OF A POUND OF COAL, AND IT IS VERY GOOD FUEL.
TODAY THIS FUEL IS BEING DISCARDED BY CITIES ACROSS THE COUNTRY, AND
IT AMOUNTS TO 543,000 TONS PER DAY. IF THE COUNTRY'S SOLID WASTE WERE
ALL CONVERTED INTO COOLING CAPACITY IT WOULD AMOUNT ELECTRICALLY TO
ABOUT 16 MILLION KILOWATTS WHICH IS TWICE THE PEAK ELECTRICITY DEMAND OF
NEW YORK CITY.
DISPOSAL OF SOLID WASTE ELIMINATES THE OPPORTUNITY TO UTILIZE THIS
FREE FUEL, AND IT ALSO COSTS A LOT TO JUST BURY IT PROPERLY. THE NORMAL
LANDFILL COST EXCEEDS $5 PER TON. DISPOSAL COSTS IN THE NATION FOR ITS
SANITARY LANDFILL OPERATIONS ARE ESTIMATED AT $500 MILLION PER YEAR, AND
LANDFILLS CONSUME ABOUT 60,000 ACRES OF VALUABLE LAND EACH YEAR.
THIS PLANT IS SIMILAR TO MANY EXISTING PLANTS. THERE ARE HUNDREDS OF
CENTRAL STEAM AND CENTRAL COOLING PLANTS THROUGHOUT THE UNITED STATES,
AND PLANTS IN EUROPE, FOR A NUMBER OF YEARS, HAVE BEEN COMBUSTING SOLID
WASTE IN HEAT RECOVERY SYSTEMS. THEREFORE, THE NASHVILLE PROJECT REALLY
ISN'T ANYTHING NEW. HOWEVER, IT IS THE WORLD'S FIRST LARGE-SCALE PLANT
TO PRODUCE BOTH STEAM AND CHILLED WATER FROM SOLI1 WASTE. THE PROJECT
IS A COMBINATION OF PROVEN IDEAS.
IN 1974, THE FIRST FULL YEAR OF OPERATION FOR NASHVILLE THERMAL,
HEATING AND COOLING CUSTOMERS WILL INCLUDE AT LEAST TWELVE STATE OFFICE
BUILDINGS, FOUR MUNICIPAL BUILDINGS, AND ELEVEN PRIVATE BUILDINGS.
THESE ORIGINAL CONTRACTS HAVE BEEN EXECUTED FOR 30-YEAR TERMS,
COMMENCING WITH THE INITIAL DELIVERY OF SERVICE. CONTRACTS WITH
ADDITIONAL CUSTOMERS ARE BEING NEGOTIATED. IT APPEARS THAT THE CENTRAL
PLANT WILL BE EXPANDED IN 1974 WITH THE INSTALLAION OF A THIRD SOLID
WASTE-FUELED BOILER AND AN ADDITIONAL 7000-TON CHILLER. ALSO, MAJOR
DISTRIBUTION SYSTEM EXTENSIONS WILL BE IN STALLED TO SERVICE NEW
CUSTOMERS. NOW THAT THE PROJECT IS ESSENTIALLY A REALITY, MORE
CUSTOMERS IN THE DOWNTOWN AREA ARE SIGNING UP FOR HEATING AND COOLING
SERVICES.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 011 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106803
HEARING
TRANSCRIPT
SENATE
SENATOR RANDOLPH. BECAUSE THERE HAS BEEN SOME DISCUSSION TODAY IN
PART OF THE NEED FOR CONSERVATION AND WE HAVE MENTIONED CONSERVATION
BECAUSE OF THE ENERGY PROBLEMS, I WOULD LIKE TO CLOSE OUR HEARING BY
INDICATING THAT IT IS SO VERY EASY, MAYOR, FOR PEOPLE GENERALLY -- THAT
IS, ALL OF US -- TO THINK IN TERMS OF A SITUATION THAT SEEMS TO IMPROVE
ITSELF IF ONLY TEMPORARILY TO THE POINT WHERE WE FORGET THE NEED FOR
CONSERVATION; WHATEVER THE REASON, ENERGY OR OTHERWISE.
YOU WILL RECALL THAT WE HAVE A 55-MILE SPEED LIMIT IN THIS COUNTRY.
DURING THE 5 MONTHS IN WHICH THAT SPEED LIMIT HAS BEEN IN EFFECT, WITH
SOME MONTHS GOOD ENFORCEMENT, WITH OTHER MONTHS LESSER ENFORCEMENT, AND
NOW FRAGMENTARY ENFORCEMENT. YET WE HAVE AS AGAINST 5 MONTHS OF THE
PRIOR YEAR 5,100 LESS TRAFFIC FATALITIES.
IF WE OBSERVE THE 55-MILE-AN-HOUR SPEED LIMIT, WE CONSERVE 200,000
BARRELS OF OIL, NOT MONTHS, NOT WEEKLY, BUT DAILY, BY THAT APPROXIMATE
SPEED LIMIT OF 55, 56, 57 MILES AN HOUR.
IF WE BEGIN AS WE ARE NOW DOING, TO MOVE INTO 60 AND 61 AND 62, WE
ARE GOING TO DROP DOWN SO THAT WE WILL ONLY HAVE A CONSERVATION OF
APPROXIMATELY 80,000 BARRELS OF OIL A DAY.
I AM MENTIONING THESE TWO FACTORS ONLY TO INDICATE THAT WE AS A
PEOPLE SO VERY OFTEN ACT NOT ONLY AFTER THE FACT, BUT THEN WHEN WE ACT
AFTER THE FACT, WE GO VERY QUICKLY INTO A SITUATION WHERE WE UNDO WHAT
REALLY WE ARE DOING.
I TRUST THAT OUT OF THIS SITUATION IN CONNECTION WITH OUR SOLID WASTE
PROBLEM, WE KNOW THE STAGGERING PROPORTIONS OF IT. WE KNOW THAT, BUT WE
CAN'T DO THIS JOB IF WE APPROACH IT WITH TIMID STEPS, LEGISLATIVELY.
WHATEVER LAW WE PASS, IT MUST BE ENFORCED, MR. MAYOR, OTHERWISE WE
WILL HAVE SPUN OUR LEGISLATIVE WHEELS. I THINK THAT GENERALLY THERE IS
A DESIRE OF COMPONENTS OF INDUSTRY AND BUSINESS THAT ARE INVOLVED TO
COOPERATE IN THIS EFFORT.
I FEEL THIS. I HOPE THAT THERE IS A COMMITMENT WITHIN THE CONGRESS
SO THAT, AS EXPRESSED BY SENATOR DOMENICI, WE CAN BRING THE LAW TO ENACT
BEFORE THE SECOND SESSION OF THE 93D CONGRESS HAS CLOSED ITS WORK.
THIS MAY BE DIFFICULT, BUT THAT IS WHAT I DESIRE VERY MUCH, AND I
KNOW I SHALL HAVE THE COMBINED STRENGTH OF THE COMMITTEE INSOFAR AS
POSSIBLE, ESPECIALLY THIS PANEL.
SO, MR. MAYOR, AS YOU GO BACK TO YOUR RESPONSIBILITIES WITHOUT MY
ATTEMPTING TO LECTURE, BECAUSE I HAVE NO RIGHT TO DO THAT, DO WHAT I
HAVE BEEN DOING, AND THAT IS I HAVE ADDRESSED NOW THE THIRD MESSAGE TO
THE GOVERNORS OF OUR STATES TO ENFORCE THE 55-MILE-AN-HOUR SPEED LIMIT
FOR THE REASONS THAT I HAVE GIVEN, PLUS A MORE PLEASANT DRIVING, OF
COURSE, WITH LESS TENSION FOR MEN AND WOMEN.
TALKING ABOUT THE ACCIDENTS WHERE PEOPLE ARE AFFECTED FOR LIFE
BECAUSE OF INJURY, NOT ABOUT FATALITIES -- I AM ONLY TALKING ABOUT
CONSERVATION OF THE ACTUAL OIL THAT CAN BE USED FOR OTHER PURPOSES.
I HOPE THAT YOU WILL RETURN AND DO WHAT YOU CAN SO WELL, MAYOR, AND
THAT IS TO IMPRESS UPON PEOPLE THAT NO MATTER WHAT LAW IS UPON THE
BOOKS, IF THEY, THEMSELVES, DO NOT BELIEVE THAT IT IS NECESSARY TO
ENFORCE IT, OUR EFFORTS IN THIS FIELD AND ALL FIELDS WILL FAIL.
THANK YOU VERY MUCH.
(MAYOR BRILEY'S PREPARED STATEMENT FOLLOWS:)
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 012 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106804
HEARING
TRANSCRIPT
SENATE
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 013 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106805
HEARING
TRANSCRIPT
SENATE
GOOD MORNING, MY NAME IS C. BEVERLY BRILEY. I AM THE MAYOR OF
NASHVILLE, TENNESSEE. I AM HERE TODAY REPRESENTING THE NATIONAL LEAGUE
OF CITIES AND THE UNITED STATES CONFERENCE OF MAYORS AS WELL AS MY OWN
CITY. THE NATIONAL LEAGUE OF CITIES CONSISTS OF, AND IS THE NATIONAL
SPOKESMAN FOR, APPROXIMATELY 15,000 MUNICIPAL GOVERNMENTS IN ALL 50
STATES AND PUERTO RICO. THE UNITED STATES CONVERENCE OF MAYORS INCLUDES
VIRTUALLY ALL CITIES WITH A POPULATION IN EXCESS OF 30,000.
WE WELCOME THE OPPORTUNITY TO APPEAR BEFORE THE PANEL ON MATERIALS
POLICY TO GIVE YOU OUR VIEWS ON FIVE OF THE PROPOSALS CURRENTLY PENDING
BEFORE THE COMMITTEE. RESOURCE CONSERVATION, ENERGY EONSERVATION, AND
SOLID WASTE DISPOSAL CONTINUE TO REMAIN HIGH PRIORITY ITEMS ON LOCAL
ELECTED OFFICIALS LIST OF URBAN MANAGEMENT PROBLEMS. THIS IS
EXEMPLIFIED BY A SURVEY OF OVER 1000 MUNICIPAL OFFICIALS TAKEN EARLIER
THIS YEAR IN WHICH WE FOUND THAT A MAJORITY OF MAYORS RANKED SOLID WASTE
MANAGEMENT AS THEIR MOST PRESSING PROBLEM.
LAST MONTH WHEN WE APPEARED BEFORE THIS PANEL, WE OUTLINED WHAT WE
FELT SHOULD BE THE APPROPRIATE FEDERAL, STATE AND LOCAL ROLES IN
RESOURCE CONSERVATION AND SOLID WASTE MANAGEMENT. TODAY, IN AN ATTEMPT
TO MAINTAIN SOME SENSE OF CONTINUITY AND FOR THE EDIFICATION OF THE
COMMITTEE, I WILL RESPOND TO THE SPECIFIC PROVISIONS CONTAINED IN EACH
OF THE FIVE BILLS YOU HAVE BEFORE YOU WITHIN THE CONTEXT OF THE MAJOR
POINTS WE RAISED WITH YOU PREVIOUSLY. FOR PURPOSES OF CLARITY THEN I
WILL DIVIDE MY TIME THIS MORNING AMONG THE FOLLOWING GENERAL SUBJECT
AREAS: SOLID WASTE PLANNING AND MANAGEMENT, SOURCE REDUCTION, FEDERAL
SOLID WASTE EFFORTS, FEDERAL FINANCIAL AND TECHNICAL ASSISTANCE AND
SOLID WASTE RESEARCH.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 014 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106806
HEARING
TRANSCRIPT
SENATE
SOLID WASTE PLANNING AND MANAGEMENT
LET ME AT THE OUTSET COMMEND THE EFFORTS OF ALL THOSE SENATORS WHO
HAVE EITHER AUTHORED OR CO-SPONSORED BILLS PENDING BEFORE THE COMMITTEE.
WHILE WE CANNOT ENDORSE ALL OF THEM IN TOTAL AND WHILE A COUPLE OF THEM
CONTAIN PROVISIONS WITH WHICH WE ARE EXTREMELY UNCOMFORTABLE, THE SHEER
FACT THAT THEY ARE ON THE TABLE, READY FOR CONSIDERATION, INDICATES TO
ME AND TO THE NATION'S LOCAL OFFICIALS THAT THE CONGRESS IS SERIOUS IN
ITS ATTEMPT TOPROVIDE US WITH SOME RELIEF FROM THIS MOST PRESSING URBAN
PROBLEM. FURTHER, THEY ALL REPRESENT A COMMITMENT, IN VARYING DEGREES,
TOWARDS EMPLOYING MORE EFFICIENT MEANS OF UTILIZING OUR NATURAL
RESOURCES, TOWARDS DEVELOPING A KIND OF CONSERVATION ETHIC, IF YOU WILL.
I THINK YOU COULD SAY THAT WITHOUT EXCEPTION THE MAYORS OF THIS COUNTRY
ARE BEHIND YOU ONE HUNDRED PERCENT IN THIS EFFORT. BUT THEY CANNOT
TACKLE THIS IMMENSELY COMPLICATED AND INTERRELATED PROBLEM ALONE. THEY
MUST BE ASSURED OF SUBSTANTIAL ASSISTANCE FROM ALL LEVELS OF GOVERNMENT,
AND ESPECIALLY FROM THE LEVEL OF GOVERNMENT WHICH POSSESSES THE GREATEST
DEGREE OF FINANCIAL AND REGULATORY RESOURCES TO BRING TO BEAR ONTE
PROBLEM. AND THAT, GENTLEMEN, IS WHY WE ARE HERE TODAY.
ESSENTIAL TO THE SUCCESS OF ANY STRATEGY FOR AFFECTING A MORE
JUDICIOUS USE OF RESOURCES AND A SAFER DISTRIBUTION OF THOSE SUBSTANCES
WHICH CANNOT EITHER BE RECYCLED OR RECOVERED IS, OF COURSE, A SOUND
PLANNING AND MANAGEMENT PROCESS. ALL OF THE BILLS ADDRESS THIS ISSUE IN
A DIFFERENT MANNER, SOME OF WHICH WE FEEL COULD WORK, BUT ONLY ONE WHICH
WE FEEL WE CAN ENDORSE FULLY AT THIS TIME.
S. 1086, THE HAZARDOUS WASTE MANAGEMENT ACT, WOULD, AS ITS TITLE
IMPLIES, ESTABLISH A PLANNING PROCESS AIMED AT CONTROLLING ONLY WHAT THE
BILL DEFINES ARE "HAZARDOUS" WASTES. WE FEEL THIS PROPOSAL FALLS
MARKEDLY SHORT OF WHAT IS NEEDED AND SERIOUSLY QUESTION WHETHER THE LINE
BETWEEN HAZARDOUS AND NON HAZARDOUS WASTES CAN BE DRAWN AS THIS BILL
ATTEMPTS TO DO.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 015 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106807
HEARING
TRANSCRIPT
SENATE
PRELIMINARY RESEARCH UNDERTAKEN BY SEVERAL AGENCIES, INCLUDING THE
ENVIRONMENTAL PROTECTION AGENCY, INDICATED THAT EVEN WASTE DISPOSED OF
IN THE MOST CAREFULLY DESIGNED SANITARY LANDFILLS CAN BE "HAZARDOUS" DUE
TO THE SEEPAGE OF LEACHATES INTO UNDERGROUND ACQUIFERS. FURTHER, THE
OMNIPRESENT FIRE HAZARDS ASSOCIATED WITH MANY PARTIALLY OPERATIVE OPEN
DUMPS CAN ALSO HAVE QUITE A NEGATIVE IMPACT ON THE HEALTH AND WELL BEING
OF THE NATION'S CITIES. WHO IS TO SAY WHICH IS MORE HAZARDOUS -- A
TOXIC SUBSTANCE WHICH IS DIRECTLY INJECTED INTO THE MAINSTREAM OF THE
HUMAN ENVIRONMENT OR AN OPEN DUMP WHICH IGNITES AND RESULTS IN THE
BURNING DEATHS OF CHILDREN PLAYING NEARBY?
WE WOULD SUGGEST THAT ALL WASTE IS HAZARDOUS BOTH BECAUSE OF THE
REASONS MENTIONED EARLIER AND BECAUSE THE GENERATION OF EXCESS WASTE
DEPLETES THE AMOUNT OF VIRGIN MATERIALS WE HAVE REMAINING TO SUSTAIN
LIFE ON THIS PLANT. WE WOULD PROPOSE THAT WHAT IS REALLY NEEDED IS A
COMPREHENSIVE PLAN DIRECTED AT CONTROLLING EXISTING, REDUCING FURTHER
AND MANAGING THE OVERALL VOLUME OF WASTES GENERATED THROUGHOUT THE
COUNTRY.
BOTH THE ENERGY AND RESOURCE CONSERVATION ACT OF 1974 (S. 3549) AND
THE ENERGY AND RESOURCES RECOVERY ACT OF 1974 (S. 3277) WOULD ESTABLISH
A PLANNING PROCESS WITH ECONOMIC INCENTIVES FOR LOCAL GOVERNMENTS TO
ENGAGE IN REGIONAL EFFORTS. IT WOULD ALLOW AND IT APPEARS, ALMOST
ENCOURAGE, A TWO-TIERED PLANNING SYSTEM -- ONE AT THE STATE LEVEL AND
THE OTHER AT THE LOCAL AND/OR REGIONAL LEVELS. WHILE S. 3549 WOULD
REQUIRE COORDINATION WITH OTHER PLANNING ACTIVITIES SPECIFICALLY SECTION
208 OF THE WATER POLLUTION CONTROL ACT AND SECTION 110 OF THE CLEAN AIR
ACT -- IT DOES NOT INSURE THAT REGIONAL ARRANGEMENTS WILL BE
EFFECTUATED. AS YOU KNOW, REGIONAL COOPERATION IS ESSENTIAL IN VIEW OF
THE IMPENDING LAND DISPOSAL CRISIS WHERE ADEQUATE LANDFILL CAPACITY DOES
NOT LIE WITHIN THE JURISDICTIONAL BOUNDARIES OF MOST OF THE INVOLVED
CITIRES. AN ADDITIONAL CONCERN OF OURS RELATIVE TO S.3549 IS THE
SECTION WHICH PROVIDES GRANTS FOR ENERGY AND RESOURCE RECOVERY SYSTEMS
AND IMPROVED SOLID WASTE DISPOSAL FACILITIES.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 016 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106808
HEARING
TRANSCRIPT
SENATE
SPECIFICALLY, SECTION 107(F) WOULD PRECLUDE CITIES FROM RECEIVING
FEDERAL ASSISTANCE IF THE STATE FAILED TO ACT. WHILE SECTION 106 MAKES
LOCAL GOVERNMENTS ELIGIBLE FOR PLANNING AND "OTHER FINANCIAL ASSISTANCE"
UNDER THE ACT IF THEY TAKE THE INITIATIVE IN ESTABLISHING REGIONAL
ARRANGEMENTS, THE LATTER PROVISION APPEARS TO PUT A DAMPER ON SUCH LOCAL
INITIATIVES. IF THIS IS THE APPROACH THE PANEL EVENTUALLY DECIDES TO
UTILIZE IN THE LEGISLATION, THEN WE SUGGEST THAT THIS APPARENT
INCONSISTENCY BE CLARIFIED TO REFLECT THE LOCAL OPTION AVAILABILITY.
SECTION 215 OF THE SOLID WASTE UTILIZATION ACT (S. 3560) INCORPORATES
PRACTICALLY VERBATIM THE PLANNING PROCESS ESTABLISHED UNDER THE FEDERAL
WATER POLLUTION CONTROL ACT. WE SUPPORT THIS TYPE OF 208 PLANNING
PROCESS AND HOPE THAT IT IS INCLUDED IN THE SOLID WASTE LEGISLATION WHEN
THE COMMITTEE CONCLUDES ITS DELIBERATIONS. OUR REASONS FOR OFFERING
SUCH STRONG SUPPORT FOR THE MEASURE BASICALLY ARE AS FOLLOWS. FIRST, IT
ESTABLISHES A STATEWIDE PLANNING PROCESS WHICH BECAUSE OF ITS STRUCTURE,
FACILITIATES THE GREATEST DEGREE OF REGIONAL COOPERATION POSSIBLE BOTH
AT THE PLANNING AND AT SUBSEQUENT PROGRAM IMPLEMENTATION STAGES.
SECOND, IT ALLOWS LOCAL GOVERNMENT OFFICIALS TO TAKE AFFIRMATIVE ACTION
TO ESTABLISH THE BOUNDARIES OF REGIONAL PLANNING DISTRICTS IN THE
ABSENCE OF STATE ACTION. THIRD, AND FINALLY, BY ESTABLISHING A PLANNING
PROCESS SIMILAR TO THAT CONTAINED IN THE WATER STATUTE, CONGRESS WOULD
BE WELL ON THE WAY TOWARDS DEVELOPING THE KIND OF COMPREHENSIVE OVERALL
ENVIRONMENTAL CONTROL MECHANISM SO SORELY NEEDED AT THE LOCAL LEVEL. I
MIGHT ADD AT THIS POINT THAT AT THE U.S. CONFERENCE OF MAYORS CONVENTION
IN SAN DIEGO TWO WEEKS AGO, WE PASSED IN PLENARY SESSION BY UNANIMOUS
DECLARATION RESOLUTIONS CALLING ON CONGRESS TO "AMEND FEDERAL
ENVIRONMENTAL STATUTES TO ENCOURAGE REGIONAL POLLUTION CONTROL EFFORTS"
AND TO "SERIOUSLY CONSIDER CONSOLIDATING PRESENT AND EXPANDING FUTURE
FINANCIAL ASSISTANCE FOR POLLUTION CONTROL, PROVIDING AN ENVIRONMENTAL
BLOCK GRANT PROGRAM WHICH WOULD ALLOU LOCAL OFFICIALS TO DETERMINE
ENVIRONMENTAL PRIORITIES AND STRATEGIES BASED ON THE DEGREE OF EXISTING
POLLUTION AND THE ECONOMIC AND ENVIRONMENTAL COSTS INVOLVED IN
IMPLEMENTING SUCH STRATEGIES."
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 017 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106809
HEARING
TRANSCRIPT
SENATE
WE WOULD, HOWEVER, ATTACH SEVERAL CAVEATS TO OUR APPROVAL OF SECTION
215. FIRST, WE HAVE LEARNED FROM OUR EXPERIENCE IN IMPLEMENTING THE
WATER POLLUTION CONTROL ACT THAT LENGTHY DELAYS IN THE DESIGNATION
PROCESS WILL OCCUR UNLESS THERE IS A TOTAL COMMITMENT AT ALL LEVELS OF
GOVERNMENT AND PARTICULARLY WITHIN ALL BRANCHES OF THE FEDERAL
GOVERNMENT TOWARD MAKING THE PROCESS WORK. THIS SHOULD NOT BE PERMITTED
TO HAPPEN AGAIN AND WE WOULD SUGGEST THAT A TIGHTENING OF DEADLINES IN
THE LAW AS WELL AS A COMMITMENT ON THE PART OF THE COMMITTEE AT THIS
TIME TO HOLD OVERSIGHT HEARINGS ON THE IMPLEMENTATION OF THIS
LEGISLATION AT THE EARLIEST PRACTICAL TIME -- SAY ONE YEAR FROM NOW --
WOULD OBVIATE THE LONG DRAWN OUT SITUATION WE HAVE EXPERIENCED WITH THE
WATER LAW. SECOND, WE WOULD SUGGEST THAT THE STATES' OPTIONS BE LIMITED
UNDER SECTION 215(A)4 TO EITHER DESIGNATING OR NOT ACTING RATHER THAN
THE THREE OPTIONS CURRENTLY IN THE LAW. AND THIRD, WE WOULD PROPOSE
INCLUDING A PROVISION SIMILAR TO THAT CONTAINED IN S. 3549 WHICH WOULD
PROVIDE FOR THE ADVANCE DESIGNATION OF LANDFILL SITES THROUGHOUT THE
STATE AND WITHIN EACH REGION.
SOURCE REDUCTION
IT IS THE FIRM POLICY OF BOTH OUR ORGANIZATIONS THAT POLLUTION, IN
THIS INSTANCE SOLID WASTE, MUST TO THE MAXIMUM EXTENT POSSIBLE BE
CONTROLLED OR REDUCED AT ITS SOURCE. SOURCE REDUCTION OF SOLID WASTE IS
THE MOST EFFECTIVE METHOD FOR DEALING WITH THE LOCAL SOLID WASTE
PROBLEM. IT IS ALSO THE MOST EFFICIENT MANNER IN WHICH TO PROMOTE
CONSERVATION OF SCARCE NATURAL RESOURCES.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 018 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106810
HEARING
TRANSCRIPT
SENATE
JUST TWO WEEKS AGO, AFTER CONSIDERABLE DEBATE IN ONE OF OUR
ENVIRONMENTAL QUALITY COMMITTEES, THE U.S. CONFERENCE OF MAYORS PASSED A
RESOLUTION CALLING ON THE CONGRESS TO ENACT LAWS WHICH WOULD, AND I
QUOTE; "REQUIRE THAT ALL BEVERAGE CONTAINERS IN INTERSTATE COMMERCE BE
RETURNABLE BEVERAGE CONTAINERS; AND, ENCOURAGE THE USE OF STANDARIZED
CONTAINERS." THE RESOLUTION ALSO CALLED ON THE FEDERAL GOVERNMENT TO
ESTABLISH DESIGN, PACKAGING AND PRODUCT STANDARDS WHICH WILL EFFECTIVELY
PROVIDE FOR THE REDUCTION IN ENERGY CONSUMPTION AND ENVIRONMENTAL
DEGRADATION. THE NATIONAL LEAGUE OF CITIES ADOPTED POLICIES SIMILAR TO
THESE EARLIER THIS YEAR.
IN VIEW OF THESE POLICY STATEMENTS, WE WOULD OFFER OUR STRONG SUPPORT
FOR SECTION III OF S. 3549 WHICH WOULD REQUIRE THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY TO PROMULGATE STANDARDS FOR PRODUCTS,
CONTAINERS AND PACKAGING WITHIN TWO YEARS OF ENACTMENT. SECTION 7 OF
THE RESOURCE CONSERVATION AND ENERGY RECOVERY ACT (S. 3723), PENDING
BEFORE BOTH THIS COMMITTEE AND THE COMMERCE COMMITTEE, CONTAINS A
SIMILAR PROVISION ON THE MINIMIZATION OF NEEDLESS WASTE. S. 3723,
HOWEVER, FAILS TO ESTABLISH A SPECIFIC TIMETABLE FOR THE ESTABLISHMENT
AND IMPLEMENTATION OF STANDARDS, LEADING US TO DOUBT THE SERIOUSNESS OF
THE PROPOSAL. WHILE SEVERAL OF THE BILLS ARE AIMED AT ENCOURAGING
RECYCLING OPPORTUNITIES, WE BELIEVE TOP PRIORITY IN THE RESOURCE
CONSERVATION AREA MUST BE GIVEN TO REDUCING THE DEPLETION OF VIRGIN
MATERIALS AT ITS SOURCE, BY PLACING, IF NECESSARY, A CELINING ON THE
AMOUNT OF NATURAL RESOURCES WE WILL EXTRACT EACH YEAR, AND FURTHER, BY
REVAMPING THE MANNER IN WHICH WE EMPLOY THESE SCARCE MATERIALS IN BOTH
BUSINESS AND INDUSTRY. WE WOULD, THEREFORE, HOPE THAT THE PANEL WILL
ADOPT THE PACKAGING PROVISIONS IN S. 3549. AND, IN ADDITION, WE HOPE
THE COMMITTEE WOULD CONSIDER THE MERITS OF ENACTING A NATIONAL BAN ON
NON-RETURNABLE CONTAINERS AS PART OF THE OVERALL RESOURCE CONSERVATION
STRATEGY.
LET ME AT THIS POINT MENTION ONE ADDITIONAL CONCERN WE HAVE RELATIVE
TO SECTION 218 OF THE SOLID WASTE UTILIZATION ACT. THIS PROVISION WOULD
PROHIBIT LOCAL GOVERNMENTS WHO RECEIVE FEDERAL ASSISTANCE UNDER THIS ACT
FROM ENACTING CONTROLS, TAXES OR FEES ON CONTAINERS.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 019 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106811
HEARING
TRANSCRIPT
SENATE
I WOULD BE LESS THAN CANDID WITH YOU, GENTLEMEN, IF I DIDN'T TELL YOU
THAT IN THE ABSENCE OF A FEDERAL BAN ON THE MANUFACTURE AND DISTRIBUTION
OF THROWAWAY BEVERAGE CONTAINERS, WE WOULD FIND THIS PROVISION REMAINS.
CLEARLY, AS I HAVE INDICATED EARLIER IN MY REMARKS, THE MOST EFFECTIVE
COMPONENT IN AN OVERALL RESOURCE CONSERVATION STRATEGY LIES IN SOURCE
REDUCTION AND NOT IN RECYCLING AN INCREASED SUPPLY OF CONTAINERS. BY
RESTRICTING THE RIGHTS OF LOCAL GOVERNMENTS TO SET HIGHER STANDARDS, YOU
WOULD BE IN ESSENCE TELLING LOCAL OFFICIALS NOT TO BE CONCERNED WITH
INCREASING THE DEMAND ON THE NATION'S SUPPLY OF VIRGIN RESOURCES. YOU
WOULD ALSO BE TAKING AWAY FROM THEM ONE OF THE MOST EFFECTIVE TOOLS
LOCAL GOVERNMENTS CURRENTLY HAVE AVAILABLE TO DEAL WITH THE SOLID WASTE
PROBLEM. WE WOULD PREFER INSTEAD TO SEE THE PANEL ADOPT A MEASURE
SIMILAR TO SECTION 123 OF S. 2549 WHICH WOULD PRESERVE THE LOCAL
GOVERNMENT PREROGATIVE FOR SETTING STANDARDS HIGHER THAN THOSE
ESTABLISHED BY THE FEDERAL GOVERNMENT.
FEDERAL ACTIVITIES
SECTION 110 OF S. 3549 APPEARS TO US TO BE THE BEST APPROACH TO
INVOLVING THE FEDERAL GOVERNMENT IN A RESOURCE CONSERVATION PROCUREMENT
EFFORT. UNLIKE THE PROVISIONS CONTAINED IN S. 3277 AND S. 3560 --
EFFORTS WE ALSO COMMEND -- SECTION 110 WOULD ESTABLISH A STRINGENT
TIMETABLE FOR THE FEDERAL GOVERNMENT TO COME UP WITH AND IMPLEMENT A
RESOURCE CONSERVATION PROCUREMENT PROGRAM. ADDITIONALLY, THE BILL WOULD
REQUIRE ALL ORGANIZATIONS WHO CONTRACT WITH THE FEDERAL GOVERNMENT TO
COMPLY WITH THE SAME SET OF PROCUREMENT REGULATIONS.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 020 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106812
HEARING
TRANSCRIPT
SENATE
IN ADDITION TO THE PROCUREMENT AREA, WE SUPPORT TWO OTHER PROPOSALS
FOR INVOLVING THE FEDERAL GOVERNMENT IN THE CREATION AND ENLARGEMENT OF
MARKETS FOR RECYCLED MATERIALS INCLUDING SECTION 218 OF S. 3560 WHICH
REQUIRES MANUFACTURERS TO BUY BACK RECYCLED MATERIALS FROM FACILITIES
FINANCED UNDER THE ACT; AND SECTION 4 OF S. 2753 WHICH WOULD DIRECT THE
INTERSTATE COMMERCE COMMISSION TO RESTRUCTURE ITS FREIGHT RATES TO
PROMOTE THE MOVEMENT OF SECONDARY MATERIALS BY RAIL.
FEDERAL FINANCIAL AND TECHNICAL ASSISTANCE
BOTH S. 3549 AND S. 3560 WOULD PROVIDE GREATLY EXPANDED FINANCIAL
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS TO AID IN THE CONSTRUCTION OF
RESOURCE RECOVERY AND IMPROVED SOLID WASTE DISPOSAL FACILITIES. IN A
SURVEY CONDUCTED BY OUR STAFF HERE IN WASHINGTON EARLIER THIS YEAR, IT
WAS DETERMINED THAT OVER 800 MILLION DOLLARS WORTH OF RESOURCE RECOVERY
PROJECTS COULD BE INITIATED THIS YEAR ALONE WERE ADEQUATE FINANCING
ARRANGEMENTS AVAILABLE. WE WOULD URGE THE COMMITTEE TO KEEP THIS FIGURE
IN MIND WHEN ENGAGING IN FURTHER DISCUSSION ON THIS LEGISLATION.
EXPANDED TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS TO AID THEM IN
IMPROVING EFFICIENCY IN BOTH COLLECTION AND DISPOSAL IS GREATLY NEEDED.
THE CURRENT EPA TECHNICAL ASSISTANCE PROGRAM WHILE ITSELF BEING A TOP
NOTCH OPERATION IS SIMPLY NOT LARGE ENOUGH, WITH THE RESULT THATONLY A
SMALL NUMBER OF COMMUNITIES CAN BENEFIT FROM THIS EXPERTISE EACH YEAR.
ONE OF THE DIFFICULTIES IN GETTING THIS EXPERTISE OUT TO ALL CITIES HAS
RESULTED SIMPLY BECAUSE OF THE SHEER NUMBER OF CITIES. IT IS OBVIOUS TO
US THAT SOME OTHER FORM OF DELIVERY SYSTEM WILL HAVE TO BE DEVELOPED AND
FULLY FUNDED IF WE ARE TO ADEQUATELY SERVICE ALL CITIES. THE TECHNICAL
ASSISTANCE PROVISIONS OF S. 3277 ARE PARTICULARLY APPEALING TO US AS IT
WOULD SEEM THAT A WIDER DISTRIBUTION OF INFORMATION COULD BE
ACCOMPLISHED THROUGH A JOINT FEDERAL, STATE, LOCAL PROGRAM. WE WOULD
SUGGEST TWO ADDITIONS TO THE PROPOSAL, HOWEVER; FIRST, LANGUAGE SHOULD
BE INCLUDED WHICH WOULD INSURE THAT AN ADEQUATE AMOUNT OF TECHNICAL
ASSISTANCE MONEY WILL BE PASSED THROUGH TO THE LOCAL GOVERNMENTS IN THE
STATE. SECOND, THE AMOUNT OF MONEY FOR THEPROGRAM SHOULD BE EXPANDED
BEYOND THE 10 MILLION DOLLARS PRESENTLY BEING CONTEMPLATED.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 021 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106813
HEARING
TRANSCRIPT
SENATE
SOLID WASTE RESEARCH
WE WERE GLAD TO SEE THE SECTION ON SOLID WASTE RESEARCH INCLUDED IN
S. 3277. SECTION 226 OF THATPROPOSAL WOULD ESTABLISH A NETWORK OF FIFTY
STATE ENERGY AND RESOURCES RECOVERY INSTITUTES FUNDED AT A LEVEL OF
$100,000 ANNUALLY. WE FEEL, HOWEVER, THAT THE PROPOSAL MIGHT BE OVERLY
AMBITIOUS IN ATTEMPTING TO ACCOMPLISH THE GOAL SETDOWN FOR THE RESEARCH
INSTITUES IN ALL FIFTY STATES WITH THIS SUM OF MONEY. WE WOULD SUGGEST
THAT INSTEAD OF A SERIES OF FIFTY INSTITUTES, A NATIONAL CENTER FOR
SOLID WASTE RESEARCH SHOULD BE ESTABLISHED. ONE RESEARCH TRACK OF THE
CENTER SHOULD ADDRESS A FULL RANGE OF DISPOSAL PROBLEMS SUCH AS LEACHATE
STUDIES AND TESTING, RESEARCH IN TRANSPORTATION REQUIREMENTS AND
SAFEGUARDS RELATIVE TO RAIL HAUL AND EXTENSIVE WORK ON IMPROVED METHODS
OF SLUDGE DISPOSAL. THE CENTER SHOULD BE FUNDED AT THE SAME OVERALL
LEVEL PROPOSED BY S. 3277, THAT IS TO SAY AT A LEVEL OF FIVE MILLION
DOLLARS ANNUALLY.
CONCLUSION
IN CONCLUSION, LET ME REPEAT THAT THE NATION'S LOCAL OFFICIALS ARE
HEARTENED BY THE FACT THAT LEGISLATIVE HEARINGS ON EXPANDED FEDERAL
RESOURCE CONSERVATION AND SOLID WASTE MANAGEMENT EFFORTS ARE BEING
CONDUCTED. WE COMMEND THE EFFORTS OF ALL THOSE WHO HAVE PRODUCED AND
INTRODUCED THESE PROPOSALS. WE THANK THE PANEL FOR THE OPPORTUNITY TO
APPEAR AND HOPE THAT ALL OF YOU WILL CONSIDER THE VIEWS WE HAVE
PRESENTED HERE TODAY WHEN YOU BEGIN MARKING UP THE LEGISLATION. WE
WOULD URGE THE COMMITTEE TO SET AS ITS GOAL PASSAGE OF A NEW AND
COMPREHENSIVE SOLID WASTE AND RESOURCE CONSERVATION BY THE END OF THIS
SUMMER. THE NATION'S LOCAL OFFICIALS STAND READY TO ASSIST YOU IN ANY
WAY WE CAN WITH THIS DIFFICULT TASK.
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 022 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106814
HEARING
TRANSCRIPT
SENATE
SENATOR RANDOLPH. TOMORROW'S WITNESS FOR THOSE WHO ARE GUESTS,
PERHAPS WE WILL START AT 9 O'CLOCK IN THE MORNING.
GEORGE STINSON, CHAIRMAN AND CHIEF EXECUTIVE OFFICE OF THE NATIONAL
STEEL CORP., WILL APPEAR ON BEHALF OF THE AMERICAN IRON AND STEEL
INDUSTRY.
E. J. SPIEGEL, JR., CHAIRMAN OF THE SOLID WASTE COUNCIL OF THE PAPER
INDUSTRY, WILL APPEAR.
DR. ROBERT TESTIN, THE ENVIRONMENT PLANNING DIVISION OF REYNOLDS
ALUMINUM CO., WILL BE WITH US.
EBON C. JONES, EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER OF
PACKAGING GROUP FOR OWENS-ILLINOIS.
THESE MEN, THE FOUR, WILL GIVE US THEIR STATEMENTS AND ENTER INTO
COLLOQUY. WE HOPE ALSO, AND I AM SURE THAT YOU HAVE A SPECIAL INTEREST
IN THIS, SENATOR DOMENICI, THAT WE WILL HEAR FROM JAMES ZWERNEMAN, THE
ASSOCIATE DIRECTOR OF THE COLLEGE OF BUSINESS ADMINISTRATION AND
ECONOMICS OF NEW MEXICO STATE UNIVERSITY.
(WHEREUPON, AT 12:45 P.M., THE PANEL RECESSED, TO RECONVENE AT 9
A.M., WEDNESDAY, JULY 10, 1974.)
STATEMENT OF BRILEY C B, ACCOMPANIED BY HORTON RA
THE NEED FOR A NATIONAL MATERIALS POLICY
NASHVILLE TURNS TO SOLID WASTE FOR HEATING, COOLING SERVICES, 731000
STATEMENT OF BRILEY CB, ON FEDERAL RESOURCE CONSERVATION AND SOLID
WASTE MANAGEMENT LEGISLATION, 740709
PART 023 OF 23
BRILEY CB MAYOR
HORTON RA FISCAL ADMINISTRATIVE ASSISTANT
AVERS, CE GENERAL MANAGER - CHIEF ENGINEER
OFFICE OF THE MAYOR NASHVILLE, TN
OFFICE OF THE MAYOR ADMINISTRATIVE ANALYSIS DIVISION NASHVILLE, TN
NASHVILLE THERMAL TRANSFER CORP
106815
HEARING
TRANSCRIPT
SENATE
BLANK PAGE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 001 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106816
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE PANEL MET AT 9 A.M., PURSUANT TO RECESS, IN ROOM 4200, DIRKSEN
SEANTE OFFICE BUILDING, HON. JENNINGS RANDOLPH (CHAIRMAN OF THE FULL
COMMITTEE), PRESIDING.
PRESENT: SENATORS RANDOLPH, STAFFORD, MCCLURE, AND DOMENICI.
ALSO PRESENT: SENATOR SCHWEIKEF.
SENATOR RANDOLPH. A PLEASANT GOOD MORNING TO ALL WHO HAVE COME FOR
THE SECOND DAY OF OUR HEARINGS. THOSE HEARINGS PROGRAMMED FOR 7 DAYS.
I SHALL ASK THE WITNESSES, A PANEL OF FOUR, AS I UNDERSTAND IT, TO
COME TO THE TABLE FOR TESTIMONY AT THIS TIME.
SENATOR RANDOLPH. MR.STINSON, I AM NOT SURE OF THE PROCEDURE THAT
YOU AND YOUR COLLEAGUES WISH TO FOLLOW. BUT IF YOU WOULD AS YOU DESIRE,
GIVE YOUR NAME, THE POSITION YOU HOLD, THE GROUP FOR WHOM YOU APPEAR,
INTRODUCING THOSE WHO SIT WITH YOU OR ASKING THEM TO DO THEIR PERSONAL
INTRODUCTION AS YOU DESIRE. BUT I WILL ADDRESS YOU FIRST AND GIVE YOU
THE OPPORTUNITY OF MOVING IN THE MATTER OF TESTIMONY AS YOU THINK BEST.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 002 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106817
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR. STINSON. THANK YOU VERY MUCH, MR. CHAIRMAN. IF IF IS AGREEABLE
TO YOU, MR. CHAIRMAN, WE WILL HAVE EACH OF THE PANEL MEMBERS INTRODUCE
THEMSELVES AS THEY IN TURN MAKE THEIR STATEMENT TO THE COMMITTEE.
I AM GEORGE STINSON, MR. CHAIRMAN, THE CHAIRMAN OF THE NATIONAL STEEL
CORP. IAM HERE IN BEHALF OF MY COMPNAY, BUT I AM ALSO HERE IN BEHALF OF
THE AMERICAN IRON & STEEL INSTITUTE, REPRESENTING THE MAJOR PRODUCERS IN
THE AMERICAN STEEL INDUSTRY. WE APPRECIATE VERY MUCH THIS OPPORTUNITY
TO APPEAR BEFORE THE PANEL THIS MORNING.
SENATOR RANDOLPH. THANK YOU VERY MUCH MR. STINSON. I INTERRUPT ONLY
BECAUSE YOU HAVE NOT BEGUN YOUR FORMAL STATEMENT TO SAY THAT WE HAVE THE
PRIVILEGE OF HAVING OUR COLLEAGUE, SENATOR SCHWEIKER OF PENNSYLVANIA,
SIT WITH THE PANEL THIS MORNING FOR WHAT TIME HIS SCHEDULE WOULD PERMIT.
WE ARE GRATEFUL, DICK, FOR YOUR INTEREST IN THIS. YOU HAVE DISCUSSED
IT WITH ME IN AN INFORMAL WAY AND PERHAPS YOU HAVE DISCUSSED IT WITH
OTHER MEMBERS OF OUR PANEL AS WELL.
SO, IF YOU WILL PROCEED, MR. STINSON, AS YOU DESIRE, I THINK IT IS
NOT IMPROPER TO HAVE THE RECORD INDICATE THAT IN THE PARENT COMPANY OF
NATIONAL STEEL CORP. THER IS THE WEIRTON STEEL CO. LOCATED AT WEIRTON,
W. VA. MR. STINSON WOULDYOU INDICATE BEFORE YOUR STATEMENT THE NUMBER OF
PERSONS EMPLOYED IN THAT FACILITY. YOU MIGHT EVEN SAY WHETHER YOU ARE
BUSY AT THE PFESNET TIME AT THAT LOCATION.
MR. STINSON. SENATOF, I AM VERY GRATEFUL FOR THIS OPPORTUNITY TO
HAVE A LITTLE COMMERCIAL. WERITON STEEL DIVISION EMPLOYES ABOUT 12,000
PEOPLE IN WERITON, W.VA. WE PRODUCE ABOUT 4 MILLION TONS OF STEEL A
YEAF AT THAT LOCATION.
WE ARE EXTREMELY BUSY. WE HAVE AN EMBARRASSMENT OF GOOD CUSTOMERS.
WE LOOK FORWARD TO BE BUSY AT THE MAXIMUM CAPACITY FOR AT LEAST THE
REMAINDER OF THIS YEAR. SO WE ARE VERY PLEASED WITH THE PRESENT
SITUATION FROM A COMMERCIAL STANDPOINT.
MR. CHIRMAN, I LAST TESTIFIED BEFORE THIS COMMITTEE IN MARCH OF 1970
ON THE RESOURCE RECOVERY -CT OF 1970. AT THAT TIME, I EXPRESSED THE
STELL INDUSTRY'S DESIRE TO ASSIST FEDERAL, STATE, AND LOCAL GOVERNMENTAL
BODIES IN SOLVING DEVELOPING MUNICIPAL PROBFEMS OF SOLID WASTE DISPOSAL
AND RESOURCE RECOVERY. I SAID AT THAT TIME THAT THE STEEL INDUSTRY HAD
THE CAPACITY TO RECYCLE ALL OF THE 60 BILLIONSTEEL CANS IN OUR NATION'S
SOLID WASTE SYSTEMS. LATER THAT YEAR, SENATOR RANDOLPH AND OTHERS
VISITED OUR PLANT AT WERITON, W.VA., AND SAW 600,000 CANS REMELTED IN A
SINGLE HEAT OF STEEL. OTHER DEMONSTRATIONS OF THE CAPACITY OF THE
INDUSTRY TO USE CANS AS SCARP WERE HELD AT STEEL PLANTS ON BOTH COASTS,
THE GULF OF MEXICO, AND THE CANADIAN BORDER, AND NUMEROUS POINTS IN
BETWEEN. THEY SHOWED THAT ADEQUATE MARKETS EXIST FOR THE RECYCLE OF
FERROUS METALS FROMMUNICIPAL REFUSE.
UNDER THAT SAME RESOURCE RECOVERYACT, THE STEEL INDUSTRY PROVIDED
DOZENS OF CITIES WITH WRITTEN GUARANTEES OF A MARKET FOR RECOVERED
FERROUS SCRAP SHOULD FEDERAL DEMONSTRATION GRANTS BE APROVED FOR
CONSTRUCTION OF RESOURCE RECOVERY SYSTEMS. ALTHOUGH SEVERAL SYSTEMS ARE
ON THE DRAWING BOARDS, TODAY, SOME 3 YEARS FOLLOWING PASSAGE OF THE ACT,
ONLY ONE CITY, ST. LOUIS, MO., ACTUALLY IS RECYCLING FERROUS METALS IN
VOLUME TO A STEEL PLANT.
THIS LIMITED PROGRESS UNDER THE ACT IS DUE IN PART TO INADEQUATE
FUNDING BY THE ADMINISTRATION AND, IN PART, TO A LACK OF DEMONSTRATED
TECHNOLOGY. NOW THE TECHNOLOGY EXISTS TO RECOVER ENERGY AND RESOURCES
FROM MUNICIPAL REFUSE ACROSS THE ENTIRE UNITED STATES.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 003 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106818
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
IN ST. LOUIS, THE FEDERAL EPA, THE UNION ELECTRIC POWER CO., AND THE
STEEL INDUSTRY HAVE DEMONSTRATED A SYSTEM WHICH RECOVERS THE COMBUSTIBLE
FRACTION OF SOLID WASTE ANDUSES IT TO FIRE BOILERS TO RPODUCE
ELECTRICITY. BUT FIRST, IT MAGNETICALLY SEPARATES THE FERROUS FRACTION,
WHICH IT NUGGESTIZES IN A SMALL MILL, AND THEN DELIVERS THAT PRODUCT AT
A PROFIT -- TO A STEEL. PLANT FOR RECYCLE INTO NEW STEEL.
THIS SYSTEM HAS BEEN SO SUCCESSFUL ON A LIMITD SCALE THAT UNION
ELECTRIC POWER HAS ANNOUNCED PLANS TO BUILD A $70 MILLION FACILITY TO
PROCESS ALL REFUSE FROM THE GREATER ST. LOUIS METROPOLITAN AREA. ALSO,
THE NEARBY STEEL PLANT HAS GUARANTEED TO BUY ALL THE RECOVERED FERROUS
WASTE AT PREVAILING MARKET PRICES. SYSTEMS ARE DEVELOPING IN NEW
ORLEANS, THE STATEOF CONNECTICUT, AMES, IOWA, WILMINGTON, DEL.,
BLATIMORE, MD., SAN DIEGO COUNTY, CHARLESTON, W.VA., AND ELSEWHERE TO
RECOVER VALUABLE ENERGY AND BELIEVE, OTHERS SUCH AS ALUMINUM AND GLASS
-- WILL GUARANTEE TO PROVIDE MARKETS FOR THESE RECOVERED RESOURCES
WHENEVER THEY BECOME AVAILABLE.
SENATOR RANDOLPH. MR. STINSON, ALLOW ME NOT TO BREAK THE CONTINUITY
OF YOUR STATEMENT BUT ONLY TO ADD THAT I BELIEVE IT IS VERY IMPORTAHT
FOR A MANUFACTURING COMPANY SUCH AS YOURS OR ANY OTHERCOMPANY TO GIVE
NOT EQUAL BUT PERHAPS A BALANCES POSTURE. CERTAINLY YOUR COMANY'S
POSITION IS A STRONG INDICIATION FROM YOUR LEADERSHIP. FROM THE
STANDPOINT OF MANAGEMENT AND THE WORKER, THER IS NEED FOR CONSERVATION
IN THIS COUNTRY, NOT ONLY A PROGRAM USING A PRODUCT FOR A SECOND TIME
FOR WHATEVER THEUSE MIGHT BE, BUT THE USE OF THE WASTE MATERIAL AGAIN.
THERE NEEDS TO BE ABETTER EDUCATIONAL PROGRAM AMONG PEOPLE GENERALLY.
THIS CAN BE A RESPONSIBILITY OF INDUSTRY WITH THE PARTS OF MANAGEMENT
AND LABOR INVOLVED.
DO YOU AGREE, SIR?
MR. SINTSON. YES; I SO, SENATOR. THIS IS EACTLY OUR PHILOSOPHY.
IN ALL OF THE COMMUNITIES THROUGHOUT THE COUNTRY HERE STEEL OPERATIONS
ARE CARRIED OUT THERE HAVE BEEN LOCAL PROGRAMS ATTEMPTING TO GIVE
LEADERSHIP TO THE CONSERVATION AND RECLAIMING OF RESOURCES FROM SOLID
WASTE.
WE HAVE COLLECTION CENTERS THROUGHOUT THE COUNTRY AND HAVE BEEN QUITE
SUCCESSFUL IN RECLAIMING AND PUTTING THROUGH A FERROUS SEPARATION
OPERATION, THE RESOURCES THAT WE RECOVER IN THAT WAY .
NATIONALLY, ALSO, SENATOR, ALONG THE SAME LINES WE HAVE VERY STRONG
AND EXTENSIVE PROGRAMS TO CONSERVE ENERGY. WE THINK THAT FITS INTO THE
WAST RECOVERY IN THE WAY THAT I HAVE INDICATED THE UTILITIES HAVE USED
THE ENERGY PORTION OF THIS WASTE.
BUT I DO AGREE, SIR, THAT INDUSTRY SHOULD PROVIDE LEADERSHIP IN THIS
AREA.
THE PROBLEM OF SOLID WASTE MANAGMENT IS CLOSELY RELATED TO PACKAGING
AND FOR THIS REASON THERE ARENUMEROUS CLAIMS THAT IF E REDUCE THE VOLUME
OF PACKAGING IN THE CONSUMER MARKET WE WILL SOLVE THE SOLID WASTE
PROBLEM. BEFORE TAMPERING WITH THIS COMPLEX, TRULY AMERICAN PACKAGING
SYSTEM,HOWEVER, WE SHOLD UNDERSTAND WHAT CONVENIENCE PACKAGING MEANS TO
THE U.S. ECONOMY. ON A DOLLAR BASIS, ABOUT 75 PERCENT OF ALL FINISHED
GOO-DS PURCHASED BY THE CONSUMER IS PACKAGED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 004 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106819
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE PACKAGEMAKING INDUSTRY, WITH ABOUT 1 MILLION WORKERS , IS
CONSIDERED THE LARGEST INDUSTRIAL EMPLOYER IN THE UNITED STATES AND THE
THIRD LARGETS IN SALES VALUE.
THE MOST IMPORTANT ELEMENT OF PACKAGING, HOWEVER,IS NOT ITS COST,
CAPITAL INVESTMENT, OR NUMBER OF EMPLOYEES. PACKAGING CONTRIBUTES FAR
MORE THAN ECONOMICBENEFITS TO THE AMERICAN SYSTEM. PACKAGING
CONTRIBUTES FAR MORE THAN ECONOMIC BENEFITS TO THE AMERICAN SYSTEM. IT
HAS MADE POSSIBLE AN EFFICIENT SYSTEM OF MASS PHYSICAL DISTRIBUTION THAT
PROTECTS THE PRODUCT, REDUCES WASTE, IMPROVES -UTRITION, PROVIDES
CONVENIENCES, SAVES TIME, AND GENERALLY IMPROVES THE QUALITY OF LIFE
THAT WE ENJOY IN THE UNITED STATES TODAY. CONSUMPTION OF PACKAGING
CORRELATES DIRECTLY WITH A NATION'S STANDARD OF LIVING, AS MEASURED BY
PER CAPITAINCOME OR THE DEGREE OF INDUSTRIALIZATION. PACKAGING AND
MECHANIZATION HAVE CONTRIBUTED TO THE PHENOMENAL EFFICIENCY OF
AGRICULTURE IN OUR-COUNTRY, WHERE ONLY 4.5 PERCENT OF THE POPULATION
PRODUCES FOOD FOR 210 MILLION PEOPLE AND EXPOFTS ENOUGHT FOOD TO FEED 55
MILLION MORE. VIRTUALLY ALL OF THIS FOOD IS DISPENSED TO THE CONSUMER
IN DISPOSAL PACKAGES IN AHIGHLY EFFICIENT AND SANITARY SYSTEM.
MUCH OF THIS PACKAGING ENDS UP IN THE SOLID WASTE SYSTEM. WE NOW
HAVETHE TECHNOLOGY TO CONVERT THIS WASTEANDALL CONSUMER WASTE PRODUCTS
INTO ENERGY AND VALUABLE RAW MATERIALS. IMPLEMENTATION OF THIS
TECHNOLOGY WILL PERMIT US TO ENJOY THE BENEFITS OF AN ESTABLISHED,
EFFICIENT PACKAGING AND DISTRUBTION SYSTEM. SOURCE REDUCTION IS
UNNECESSARY WHERE RESOURCE RECVOERY IS PRACTICES AS WE KNOW HOW TO
PRACTICE IT TODAY.
AT THE SAME TIME THIS WHOLE NEW INDUSTRY AND TECHNOLOGY IS EMERGING
TO RECOVER ENERGY, VALUABLE RESOURCES AND PROFITS FROM WHAT IS NOW A
WASTE OF NEARLY UNMANAGEABLE PROPORTIONS, THERE ARE THOSE WHO PROPOSE TO
"BAN THE CAN" FROM THE MARKET. WE HAVE AT LENGTH ABOUT THE
SELF-PROCLAIMED SUCCESS OF THE OREGON DEPOSIT LAW, WHICH EFFECTIVELY
ELIMINATES THE STEEL AND ALUMINIM CAN FOR BEER AND BEVERAGES. I WON'T
ATTEMPT TO REFUTE THOSE CLAIMS BEFORE THIS PANEL. THE REAL ISSUE IS
WHETHER GOVERNMENT, IN ITS ZEAL TO SOLVE THE LITTER PROBLEM BY ATACKING
ONE SMALL SEGMENT OF THAT PROBELM -- THE NONRETURNABLE BEVERAGE
CONTAINER IS WILLING TO DISRUPT, AND IN MANY CAES RUIN, THE LIVES AND
ECONOMY OF THOUSANDS OF WAGE ERANERS THROUGHOUT THE UNITED STATES.
BETTER, LESS DISRUPTIVE MEANS EXIST AND SHOULD BE IMPLEMENTED.
IN 1973, THE STEEL INDUSTRY PRODUCED 6 MILLION TONS OF STEEL FOR THE
CAN MANUFACTURING INDUSTRY. THERE WERE 42,368 STEELORKERS DIRECTLY
EMPLOYED IN PRODUCING -THAT PRODUCT. AN ADDITIONAL 7,032 PEOPLE WERE
EMPLOYED IN THE COAL AND IRON ORE MINES TO SUPPLY RAW MATERIALS. THESE
49,400 WORKESR EARNED AN AVERAGE WAGE OF $13,300 PER YEAR, FOR A TOTAL
INCOME OF $657 MILLION. THE BREAKDOWN OF THESE EMPLOYEES BY STATES IS
AS FOLLOWS:
TABLE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 005 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106820
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
PLEASE NOTE, MR. CHAIRMAN, THAT NONE OF THESE EMPLOYEES WORK IN THE
STATE OF OREGON. THE STATE OF WEST VIRGINIA, FOR WHCIH THE CHAIRMAN OF
THIS COMMITTEE WAS WORKED HARD ALL OF THESE YERS, NUMBERS 8,703 OF ITS
CITIZENS -- OR 1.5 PERCENT OF ITS TOTAL. WORK FORCE -- IN STEELMAKING
TO SUPPLY THE CAN MANUFACTURING INDUSTRY. OF EVEN MORE SIGNIFICANCE,
THESE JOBS REPRESENT 10 PERCENT OF ALL MINING AND MANUFACTURING
EMPLOYEED IN THE STATE OF WEST VIRGINIA. ALL OF THESE JOBS, PLUS
THOUSAND OF OTHERSIN TRANSPORTATION, CAN, ALMINUM, AND GLASS
MANUFACTURING ARE THFEATENED BY LEGISLATION NOW PENDING BEFORE THE
CONGRESS. EVEN IF ALL THE CLAIMS FOR SUCCESS IN OREGON WERE TRUE, IS
THE SACRIFICE OF 49,400 WELL-PAID JOBS IN STEEL ALONE WORTH THE CLAIMS
IN LITTER CONTROL? I THINK NOT -- WHEN BETTER, LESS-DISRUPTIVE
SOLUTUIONS ARE AVAILABLE.
TWO BILLS BEFORE THIS PANEL POLARIZE THESE TWO POSITIONS FO "LITTER
VERSUS PEOPLE." THEY ARE S. 3549 AND S. 3560. ALTHOUGH S. 3549 DOES NOT
MANDATE THE OREGON APPROAHC, IT DOES -- BY AUTHORIZATION IN SECTION 111
TO THE ADMINISTRATOR OF EPA -- ASSURE THAT THE OREGON BAN ON STEEL AND
ALUMINUM CANS WILL BECOME A NATIONAL REALITY.
ON MAY 7, 1974, HON. JOHN R., QUARLES, JR., DEPUTY ADMINISTRATOR OF
EPA, IN TESTIMONY BEFORE THE SENATE COMMITTEE ON COMMERCE SUPPPORTED S.
2062, A BILL TPOROHIBIT THE INTRODUCTION INTO INTERSTATE COMMERCE OF
NONRETURNABLE BEVERAGE CONTAINERS. SECTION 111 OF S. 3549 AUTHORIZES
THE SECRETARY OF EPATO REGULATE PACKAGING AND "PROHIBIT AGAINST THE
MANUFACTURE AND SALE OF SPECIFIC ITMS." THERE IS LITTLE DOUBT IN MY MIND
THAT GIVEN THE AUTHORITY UNDER S. 3549, THE ADMINISTRATOR WOULD "BAN THE
CAN" THROUGHOUT THE UNITED STATES AS HAS BEEN DONE IN THE STATE OF
OREGON. THAT IS ONE WAY TO ASSURE THAT CONVENIENCE, ONE-WAY BEER AND
BEVERAGE CANS NEVER AGAIN APPEAR AS LITTER.
I SUBMIT, MR. CHAIRMAN, IT IS AKIN TO KILLING ALL DOGS AND CATS TO
PREVENT RABIES, OR PROHIBITING ALL CANDY TO PREVENT TOOOTH DECAY. THE
CURE INTHIS CASE IS MOFE DAMAGING THEN THE DISEASE.
IT ISN'T EVEN A CURE FOR THE LITTER DISEASE -- FOR METAL CANS
CONSTITUTE ONLY 15 PERCENT TO 18 PERCENT, BY WEIGHT, OF THE LITTER
PROBLEM.
S. 3560, ON THE OTHER HAND, PRESENT S A POSITIVE APPROACH TO A
PROBLEM WHICH CAN BE SOLVED. IT PROVIDES A MEANS BY WHICH WE CAN CLOSE
THE UNSIGHTLY AND DANGEROUS OPEN DUMPS.
ON A REGIONAL BASIS, IT WILL ACCELERATE THECON STRUCTION OF ENERGY
AND RESOURCE RECOVERY SYSTEMS. IT WIL GUARANTEE MARKETS FOR RECOVERY
RESOURCES AT PREVAILING PRICES. IT WILL PRESERVE THE CONSUMERS'S
FREEDOM OF CHOICE.
EXPERIENCE OF THE LAST 3 YEARS UNDER RESOURCE RECOVERY ACT HAS SHOWN
THAT IN THOSE AREAS WHERE THE INITIATIVE AND THE FUNDS ARE AVAILABLE,
LOCAL COMMUNITIES HAVE THE WILL TO IMPROVE THEIR SOLID WASTE SYSTEMS.
IT HAS SHOWN ALSO THAT IN MANY CASES, TAXPAYING INDUSTRY CAN OPERATE
MORE EFFICIENTLY THAT TAX-SUPPORTED MUNICIPAL GOVERNMENT.
THERE ARE THOSE WHO CLAIM THAT IN THE ABSENCE OF FEDERAL ASSISTANCE
OR REGULATION, THE WASTE PROBLEM WILL SOLVE ITSELF. I SUSPECT THIS IS
TRUE. THE QUESTION IS: HOW LONG WILL THAT SOLUTION TAKE ADN HOW LONG
CAN WE AFFORD TO WAIT BEFORE THE PROBLEMS BECOME CRISIS?
S. 3560 PROVIDES REGULATORY AUTHORITY AND MODEST FEDERAL INCENTIVES
TO BRING ABOUT A SOLUTION TO THE PROBLEM SOONERTHAN WOULD BE POSSIBLE
WITHOUT FEDERAL ACTION.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 006 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106821
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SECTION 213 OF S. 3560, UTILIZING EXISTING FEDERAL AIR AND WATER
QUALITY LEGISLATION, REQUIRES THAT WITHIN A REASONABLE PERIOD OF TIME,
ALL SIGNIFICANT MUNICIPAL OR INDSTRIAL SOLID WASTE OPEN DUMPS WILL BE
CLOSED OR PROPERLY CONTROLLED. THIS SECTION WILL AC CELERATE THE
CONSTRUCTION OF REGIONAL RESOURCE RECOVERY SYSTEMS ACROSS THE UNITED
STATES. ONCE COMMUNITIES ARE REQUIRED TO OPERATE ENVIRONMENTALLY
ACCEPTABLE SOLID WASTE DISPOSAL SYSTEMS, THEY WILL FIND IT ECONOMICALLY
MORE ATTRACTIVE TO JOIN WITH OTHER COMMUNITIES TO CONSTRUCT REVENUE
PRODUCING RESOURCE RECOVERY SYSTEMS.
WE BELIEVE SECTION 213 SHOULD BE CHANGED TO COVER ONLY CONSUMER WASTE
OF AN ORGANIC OR CHEMICALLY ACTIVE NATURE. THIS WOULD EXCLUDE
INDUSTRIAL REFUSE SUCH AS COAL MINING REFUSE WHICH ALREADY IS CONTROLLED
BY STATE AND INTERIOR DEPARTMENT REGULATIONS.
SECTION 216 PROVIDES AN ACCEPTABLE ALTERNATIVE TO OUTRIGHT FEDERAL
GRANTS FOR CONSTRUCTION OF RESOURCE RECOVERY SYSTEMS. ALTHOUGH ADEQUATE
TECHNOLOGY IS AVAILABLE NOW TO REDUCE REFUSE DISPOSAL COSTS, THE CAPITAL
TO CONSTRUCT THESE FACILITES IS LACKING. FEDERAL LOANS TO
MUNICIPALITIES AND LOAN GUARANTEES TO THE PRIVATE SECTOR WILL ACCELERATE
THIS CONSTRUCTION AT LITTLE OR NO COST TO THE FEDERAL TREASURY. WE
SUPPORT THESE MODEST INCENTIVES TO RESOURCE RECOVERY.
SECTION 217 REQUIRES THAT FEDERAL GOVERNMENT AGENCIES GIVE PREFERENCE
TO THE PURCHASE OF GOODS MANUFACTURED FROM RECOVERED RESOURCES.
ALTHOUGH WE ARE SYMPATHETIC WITH THE OBJECTIVES OF THIS SECTION, WE
BELIEVE ITS IMPLEMENTATION COULD CAUSE PROBLEMS FOR BOTH THE GOVERNMENT
AND INDUSTRY.
IN THE STEEL INDUSTRY THE AMOUNT OF SCRAP RECYCLED IS ALMOST TOTALY
DEPENDENT UPON THE PROCESS USED FOR PRODUCTION OF THE PRODUCT. CAR BON
STEEL CAN BE PRODUCED IN ELECTRIC FURNACES USING A 100-PERCENT SCRAP
CHARGE, OPEN HEARTH FURNACES USING WELL IN EXCESS OF 50-PERCENT SCRAP
CHARGE, OR BASIC OXYGEN FURNACES WHICH ARE LIMITED TO 30 TO 35 PERCENT
SCRAP. OVER 50 PERCNET OF THE STEEL MADE IN THIS COUNTRY IS PRODUCED IN
BASIC OXYGEN FURNACES. STABLE MARKETS FOR RECOVERED RESOURCES SUCH AS
STEEL, ALUMINUM, GLASS, PAPER, AND PLASTICS WILL BE GUARANTEED BY
SECTION 218(A) AND NEED NT BE FURTHER PROTECTED BY THE PROVISIONS OF
SECTION 217.
SECTION 218(A) OF S. 3560 PLACES A HEAVY RESOPNSIBILITY UPON OUR
INDUSTRY TO GUARANTEE MARKETS FOR RECOVERED RESOURCES. ALTHOUGH WE WILL
NOT KNOW THE FULL IMPACT OF THESE GUARANTEES UNTIL THE ADMINISTRATOR
PROMULGATES REGULATIONS UNDER SECTION 218, IT IS A RESPONSIBILITY THAT
WE MUST ACCEPT TO ASSURE THE ECONOMIC SUCCESS OF RESOURCE RECOVERY.
IN 1978, THE STEEL INDUSTRY RECYCLED 81 MILLION TONS OF FERROUS
SCRAP. SECTION 218(A) COULD ADD 6 MILLION TONS OF SCRAP WHICH WE MUST
LEARN TO PURCHASE AN DRECYCLE. SECTION 218(B)? OF S. 3560 IS OF EQUAL
IMPORTANCE TO THE SUCCESS OFFEDERALLY SUPPORTED RESOURCE RECOVERY
SYSTEMS. TO REMOVE EITHER THE MARKET OR THE RAW MATERIAL FROM RESOURCE
RECOVERY SYSTEMS WOULD JEOPARDIZE THEIR ECONOMIC VIABILITY.
THROUGHOUT THESE HEARINGS, YOU MAY HEAR MUCH TALK ABOUT "SOURCE
REDUCTION." IT IS ALMOST AS THOUGH A NEW CONCEPT HAS BEEN DISCOVERED
WHICH WILL SOLVE PROBLEMS OF SOLID WASTE, ENERGY AND NATURAL RESOURCE
CONSERVATION. ALMOST NO RECOGNITION IS GIVEN TO THE FACT THAT INDUSTRY
HAS PRACTICED "SOURCE REDUCTION" THROUGH MORE EFFICIENT USE OF BASIC
MATERIALS FOR DECADES.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 007 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106822
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
FOR EXAMPLE, IN 1950 APPROXIMATELY 11,500 BEVERAGE CANS WERE PRODUCED
FROM 1 TON OF STEEL. BY 1960, THIS NUMBER INCREASED TO 13,500, AND BY
1970 IT HAD GONE TO 20,000 CANS PER TON.
TODAY, A NEW CAN, CALLED THE DRAN AND IRONED CAN, IS ENTERING THE
MARKET. DPENEDING UPON CONSUMER ACCEPTANCE, THIS TWP-PIECE STEEL
CONTAINER COULD INCREASE THIS FIGURE TO 25,000 CANS PER TON BY 1980.
THIS, ALONG WITH OTHER CONSERVATION PRACTICES IN OUR INDUSTRY, MEANS
THAT LESS THAN HALF THE IRON ORE, COAL, LIMESTONE, ENERGY AND OTHER
BASIC RESOURCES ARE NEEDED TODAY TO MAKE A SINGLE STEEL BEVERAGE CAN
THAN WAS NEEDED 20 YEARS AGO.
MR.CHAIRMAN, OUR INDUSTRY WITH THE SUGGESTED CHANGES MENTIONED ABOVE
SUPPORTS S.3560 AS A POSITIVE AND REALISTIC APPROACH TO RESOURCE
RECOVERY AND ENERGY CONSERVATION. WE ENCOURAGE FAVORABLE ACTION BY THIS
COMMITTEE.
WE VIGOROUSLY OPPOSE ANY LEGILSATION WHICH PROPOSES TO SOLVE AN
AESTHETIC PFOBLEM BY DISRUPTING AN ESTABLISHED EFFICIENT PACKAGING
DISTRIBUTION SYSTEM, DESTROYING THE LIVES OF THOUSNDS OF OUR EMPLOYEES,
AND MAKINGUSELESS HUNDREDS OF MILLIONS OF DOLLARS IN CAPITAL EQUIPMENT.
SENATOR RADNOLPH. THANK YOU VERY MUCH, MR. STINSON.
I WANT TO GIVE THE OPPORTUNITY TO OUR GUEST WHO IS, OF COURSE, AS
OTHER MEMBERS OF THE SENATE, WELCOME TO SIT WITH THIS COMMITTEE AT ALL
TIMES.
OUR PANEL THIS MORNING, AS SENATOR SCHWEIKER UNDERSTANDS IS IN THE
PROCESS OFHEARING WITNESSES WHO CAN MAKE CONSTRIBUTIONS TO A VERY
SIGNIFICANT SUBJECT WHICH IS BEFORE US.
SENATOR SCHWEIKER. THANK YOU, MR.CHAIRMAN. I WON'T TAKE VERY MUCH OF
YOUR TIME. I APPRECIATE THEOPPORTUNITY,PARTICULARLY GLAD TO BE HEFE
WHEN MR. STINSON IS HERE. HE IS A VERY HIGHLY REGARDED INDUSTRIAL CIVIC
LEADER IN MY STATE.
MR. STINGON, I WAS VERY IMPRESSED WITH YOUR EMPLOYMENT FIGURES THAT
YOU PUT IN YOUR STATEMENT AND VERY SIGNIFICANTLY IMPRESSED WITH THE
NUMBERS.
AS I RECALL YOU SAID ABOUT 1 MILLION. WHAT WAS THE FIGURE?
MR. STINSON. 1 MILLION IN THE PACKAGING INDUSTRY; YES.
SENATOR SCHWEIKER. THAT REPRESENTED ONE OF THE LARGEST
INDUSTRIALEMPLOYERS IN THE COUNTRY, AS I RECALL.
MR. STINSON. IT IS COMMONLY REGARDED AS THESINGLE LARGEST INDUSTRIA
L EMPLOYER IN THE UNITED STATES. IT COVERS A MULTITUDE OF DIFFERENT
SEGMENTS, SENATOF. BUT ALL ARE RELATED TO PACKAGING.
SENATOR SCHWEIKER. THE FIGURES YOU AREUSING IN TERMS OF THE
STATE-BY-STATE BREAKDOWN APPLY ONLY TO IRON AND STEEL. THEY WOULD NOT
APPLY TO GLASS OR SOME OF THE OTHER CONTAINERS?
MR. STINSON. THATIS RIGHT. WE HAD THE FIGURES MORE READILY
AVAILABLE FOR STEEL AND THAT IS WHY WE RESTRICTED IT TO STEEL.
SEANTOR SCHWEIKER. SO THOSE JOBS WOULD BE IN ADDITION TO THE ONES
YOU ENUMERATED BY STATE?
MR.STINSON. YES.
SEANTOR SCHWEIKER. ALSO THE OTHER THING THAT IMPRESSED ME WAS THE
SIGNIFICANT GROWTH IN TERMS OF THENUMBER OF CANS THAT CAN BE PRODUCED
OUT OF A TON OF STEEL.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 008 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106823
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
I JUST WONDER IN LAYMAN'S TERMS WHAT IS THENEW CONCEPT OF THE
TWO-PIEC - STEEL CONTAINER YOU CALL DRAWN AND IRONED CAN? YOU UTILIZE
THESTEEL EVEN FURTHER IN TERMS OF THE NUMBER OF CANS PER TON?
MR. STINSON. I WOULD MENTION IN THE BEGINNING, SENATOR, THE WAY IN
WHICH THE PROGRESS UP TO THIS POINT HAS BEEN MADE SIMPLY BY REDUCING THE
THICKNESS OF THE STEEL THAT IS USED TO MAKE THE ENDS ANS SIDES OF THE
CAN. WE HAVE GONE FROM WHAT USED TO ALMOST BE CALLED BOILER-PLATE DOWN
TO AN EXTREMELY THIN 55-POUND BASIS WEIGHT MATERIAL TO ACHIEVE THIS
IMPROVEMENT FROM 11,000 TO 20,,,. NOW THE NEW CAN, COMMONLY REFERRED TO
AS THE TWO-PIECE CAN WHERE A SINGLE PICE OF METAL,EITHER ALUMINUM OR
STEEL, IS FORMED INTO A SINGLE RECEPTABLE TO PROVIDE THE BOTTOM AND THE
SIDES AND THEN A SEPARATE END IS PLACED ON IT. IT IS MANUFACTURED INA
SOMEWHAT DIFFERENT WAY BY PRESSES THAT FORM THE METAL INTO A CONTAINER,
A SEAMLESS CONTAINER WITH THE BOTTOM AND SIDES. IT USES AS YOU CAN SEE
ABOUT 20 PERCENT LESS METAL AT CURRENT BASIS WEIGHTS THAN ARE COMMONLY
BEING USED NOW IN OLDER STYLED CANS.
I AM TALKING NOW OF THE STEEL, OLD STYLE STEEL CAN VERSUS THE NEW
TWO-PIECE STEEL CAN.
THERE AREFURTHER REDUCTIONS, SENATOR, IN THE WIEGHT OF THE METAL THAT
CAN BE USED IN THIS DRAWN AND IRONED CAN. WE THINK REDUCTION IS POSSIBLE
SO THAT 25,000 CANS PER TON IS STILL A RELATIVELY CONSERVATIVE FIGURE.
WE BELIEVE IT CAN BE PUSHED HIGHER THAN THAT.
SENATOR SCHWEIKER. THAT IS ALL I HAVE, MR.CHAIRMAN. I THANK YOU FOR
LETTING ME GO OUT OF ORDER.I DO HAVE ANOTHER COMMITTEE MEETING TO GO TO.
SENATOR RANDOLPH. THANK YOU, SENATOR, FOR BEING WITH US. WE KNOW YOU
WILL CONTINUE YOUR STUDY OF THE TESTIMONY -IN THE COMING DAYS. THANK
YKU VERY MUCH.
MR. STINSON, BEFORE I ASK OTHER QUESTIONS, I WOULD FOR THIS
COMMITTEE'S INFORMATION BECAUSE THE WEIRTON STEEL CO. IS LOCATED ON THE
OHIO RIVER, WOULD YOU GIVE US JUST A GENERALIZED STATEMENT AND THEN
DOCUMENT IT FOR THE RECORD THE PERCENTAGE OF YOUR PRODUCTS THAT MOVE
OVER THE OHIO AND OTHER INLAND WATERWAYS TO THE CONSUMER.
MR. STINSON. OF COURSE WE MOVE TWO WAYS, SENATOR. THE PRODUCT MOVING
OUT AT THE PRESNT TIME CONSTITUTES ABOUT ONE-THIRD OF OUR SHIPMENT.
MOVING IT IN WOULD CONSTITUTE SLIGHTLY LESS THAN THAT, BUT IT IS A VITAL
WATEFWAY THAT WE USE TO MOVE IN ALL OF OUR COAL, AL OF OUR CHEMICAL, AL
OF OUR STONE AND SOME PARTS OF OUR IRON ORE. IT IS A VERY BUSY PALCE. I
AM SURE YOU REMEMBER FROM YOUR VISITS THERE.
SENATOR RANODLPH. YES. WE DO KNOW THATTHE NAVIGATION ON THEOHIO
CONTINUES TO INCREASE YEAR BY YEAR. FEW PEOPLE REALIZE THAT OUR INLAND
WATERWAYS FROM THE STANDPOINT OF NAVIGATION, THE TONNAGES ARE HEAVIER
EACH YEAR THAN THE TONNAGES MANY, MANY YEARS AGO. I THINK IT IS AN
INTERESTING POINT. I MAY DOCUMENT IT PARTIALLY IN THIS HEARING BECAUSE
IT IS A VITAL ARTERY FOR THE BRINGING IN OF MATERIALS AND ALSO THE
FINISHED PRODUCT.
MR.STINSON. YES; IT IS. WE WOULD BE GLAD TO SUBMIT FIGURES TO YOU
ON THAT SHOWING THE PRESENT SITUATION AND THE WAY IT HAS INCREASED OVER
THE PAST 10 YEARS, IF THAT WOULD BE AGREEABLE TO YOU.
SENATOR RADNOLPH. THANK YOU.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 009 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106824
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE FOLLOWING INFORMATION WAS SUBSEQUENTLY SUPPLIED:)
DURING 1972 OUR WERITON STEEL DIVISION SHIPPED 387,724 TONS FO STEEL
VIA 481 BARGES ON THE OHIO RIVER. DURING 1973, THESE FIGURES INCREASED
TO 403,842 TONS AND 484 BARGES. THIS REPRESENTS ABOUT 11 PER CENT OF
TOTAL STEEL SHIPMENTS AT WERITON. APPROXIMALY 50 PER CENT GOES BY RAIL
AND 39 PERCENT-BY TRUCK.
IN 1972 WE RECEIVED 3,712168 TONS AND 3,798 BARGES.
THUS IN 1973, 4,036,812 TONS VIA 4,282 BARGES MOVED TO OR FROM OUR
WERITON DIVISION ON THE OHIO RIVER.
SENATOR RADNOLPH. MR. STINSON, YOU HAVE USED THE WORDS THERE IS IN
CREATION, QUOTING DIRECT, " A WHOLE NEW INDUSTRY AND TECHNOLOGY. IT SI
EMERGING TO RECOVER THE ENERGY AND VALUABLE RESOURCES AND PROFITS FROM
WHAT IS NOW WASTE OF NEARLY UNMANAGEABLE PROPROTIONS."
YESTERDAY I SPOKE WITH THOSE UNMANAGEABLE PROPROTIONS AND I WILL TAKE
ONLY THE MOMENT TO READ ONCE AGAIN FROM MY STATEMENT THAT 4.4 BILLION
TONNS -- BILLION TONS -- THAT IS FOR THE YEAR 1971 -- ARETH SOLID WASTES
THAT WE ARE GENERATING IN THE UNITED STATES OF AMERICA OF ONE TYPE OR
ANOTHER.
THERE ARE THE ANIMAL WASTES, MINERAL WASTES, AGRICULTURAL WASTES,
URBAN AND INDUSTRIAL WASTES, AND SO FORTH. IT WAS ESTAIMATE DTHAT BY THE
YEAR 2000 WE WILL HAVE TO COPE WITH SOME 12 BILLION TONS OF SOLID WASTE
EACH YEAR.
THAT PROJECTION WAS FROM THE AMERICAN IRON & STEEL INSTITUTE AND YOUR
COMPANY IS A MEMBER OF THAT INSTITUTE,IS THAT CORRECT?
MR. STINSON. THAT IS CORRECT.
SENATOR RANDOLPH. SO YOU DO REALIZE THAT THAT INFORMATION COMING TO
USE IS SOMETHING THATYOU YOURSELF COULD SUBSCRIBE TO HERE TODAY?
MR. STINSON. YES, SENATOR. WE NATURALLY HAVE HAD TO MAKE SOME
ESTIAMTES IN COMING TO THE FIGURES THAT YOU USED OF 12 PILLION TONS.
BUT WE BELIEVE THEY ARE REASONABLE EXTRAPOLATIONS FROM THE PRESENT
TREND, THE PAST HISTORY AND THE PROJECTED INCREASE IN POPULATION IN THE
COUNTRY. THE 12 BILLION MIGHT TURN OUT TO BE CONSERVATIVE.
SENATOR RANDOLPH. MR. STINSON, AS I UNDERSTAND IT YOU ARE SPEAKING
FROM THE STNADPOINT OF THE RECYCLING OF MATERIALS THAT INCLUDE GLASS AND
ALUMINUM AND PLASTICS, OR ARE YOU SPEAKING OF STEEL ONLY AS YOU MAKE
YOUR PROJECTION?
MR. STINSON. I AM SPEAKING OF THE WHOLE SLID WASTE BULK, THE ENTIRE
TOTAL OF IT INCLUDING THE METALLICS AND GLASS AND ALL OF THE OTHER
COMPONENTS.
SENATOR RANDOLPH. MR. STINSON, AS I UNDERSTAND I THE STEEL INDUSTRY
PROVIDED MANY, MANY CITIES WITH -- AT LEAST DOZENS OF OUR METROPOLITAN
AREAS -- WRITTEN GUARANTEES OF A MARKET, A MARKET FOR RECOVERED FERROUS
SCRAP SHOULD FEDERAL DEMONSTRATION GRANTS BE APPROVED FOR CONSTRUCTION
OF RESOURCE RECOVERY SYSTEMS. YOU HAVE NOTED THAT ONLY ONE CITY I RECALL
THAT IS ST. LOUIS -- HAS ACTUALLY HAD THE RECYCLING OF FERROUS METALS IN
VOLUME FOR A STEEL PALNT.
I AM NOT SURE. THIS DOESN'T LOOK TO ME LIKE MUCH IMPROVEMENT, VERY
FRANKLY, IN THE RECYCLING OF STEEL SINCE THE RESOURCE RECOVERY ACT OF
1970.
PERHAPS THE ACTUAL PERCENTAGE IN RECYCLING VERSUS TOTAL STEEL
PRODUCTION, IT MAY HAVE INCREASED OR DECREASED.
COULD YOU CLARIFY THAT FOR THE PANEL?
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 010 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106825
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR. STINSON. I THINK THAT THERE HAS BEEN A GRADUAL INCRASE, SENATOR,
THAT WOULD BE REPRESENTED BY MORE THAN SIMPLY THE ST. LOUIS SITUATION
WHICH IS THE ONE INSTALLATION THAT IS OPERATING NOW TO PROCESS ANY
VOLUME OF WASTE.
BUT THE OTHER LOCATIONS HANDLE A RELATIVELY MINOR AMOUN T OF
RECLAMATION. THIS IS ONE OF OUR CONCERNS AND ONE OF OUR REASONS FOR OUR
STRONG SUPPORT OF THE BILL THAT YOU HAVE INTRODUCED BECAUSE WE BELIEVE
THAT THIS MOVEMENT WITH THE TECHNOLOGY DEVELPED IS AT A POINT NOW
WHEREIT NEEDS SOME REAL STRONG ASSISTANCE AND WE BELIEVE THE GOVERNMENT
IS THE ONLY INSTRUMENTALITY THAT WE CAN TURN TO TO GIVE IT THE KIND OF
SUPPORT THAT IS NEEDS AT THIS VERY CRITICAL TIME. IT COULD MOVE FORWARD
VERY RAPIDLY, WE BELIEVE, WITH THAT KIND OF SUPPORT.
SENATOR RANDOLPH. I THINK THAT THAT SUPPORT IS NEEDED, NOT ONLY AS
AN INCENTIVE SYSTEM, BUT CERTAINLY IT COULD BE AND I HOPE IT CAN BE A
CATALYST TO DO EXACTLY WHAT YOU HAVE INDICATED.
YOU HAVE ALSO SAID THAT ADEQUATE MARKETS EXIST FOR THE RECYCLING OF
FERROUS METALS FROM MUNICIPAL WASTES. THIS IS A CONCERNOF THE MEMBERS
OF THE PANEL, THE MUNICIPAL REFUSE. WE ARE READING ABOUT IT AND WE KNOW
ABOUT IT.
YOU SUGGEST THAT SOURCE REDUCTION IS UNNECESSARY WHERE RESOURCE
RECOVERY IS PRACTICED AS WE KNOW HOW TO PRACICE IT TODAY.
I THINK YOU MIGHT REVIEW, IN OTHER WORDS, THAN YOU HAVE ALREADY IN
YOUR STATEMENT, JUST HOW THAT IS BEING PRACTICED, BECAUSE UNLESS THE
POTENTIAL FOR RESOURCE RECOVERY IS ACTUALLY IN BEING, ACTUALLY ACHIEVED,
IT IS ACADEMIC. I THINK YOU WOULD AGREE WITH THAT.
EVEN A GUARANTEED MARKET FOR RECOVERED RESOURCES AT PREVAILING PRICES
COULD BE INEFFECTIVE UNLESS RECYCLING ACTUALLY OCCURS ON WHAT I CALL A
VERY SIGNIFICANT, A VERY LARGE SCALE.
WOULD YOU CARE TO COMMENT ON THAT POINT?
MR. STINSON. I AGREE ENTIRELY. IT IS ONE ESSENTIAL PIECE OF THE
PUZZLE FOR US TO GUARANTEE TO PURCHASE AND FOR ALUMINUM GLASS AND OTHERS
TO BE PREPARED TO PURCHASE.
BUT THAT IS KIND OF GETTING THE CART BEFORE THE HORSE IN THE
SENSE, THAT EVEN THOUGH IT IS ESSENTIAL THE FIRST THING THAT HAS
TO MOVE IS THE RECLAMATIONINSTALLATION ITSELF. WHILE WE DON'T HAVE
IT WE REALLY ARE IN AN ACADEMIC KIND OF A POSTURE.
AS I INDICATED HERE THERE ARE ON THE DRAWING BOARDS A NUMBER OF OTHER
LARGE INSTALLATION SUCH AS NEW ORLEANS WHICH WILL TACKLE THE ENTIRE NEW
ORLEANS METROPOLITAN AREA WASTE PROBLEM, BUT THOSE ARE SLOW AND THEY DO
NEED THIS ASSISTANCE YOUR MEASURE WOULD PROVIDE.
SENATOR RANDOLPH. THANK YOU.
I RECALL THAT WHEN I READ YOUR STATEMENT VERY CAREFULLY LAST NIGHT --
AS I READ THE STATEMENTS THAT WERE PROVIDED FOR ME IN PART BY THE PANEL
OF WITNESSES -- THATYOU STATED THAT INDUSTRY WILL GUARANTEE TO PROVIDE
MARKETS FOR THESE RECOVERED RESOURCES WHENEVER THEY BECOME AVAILABLE.
I THINK IT IS IMPORTANT FOR THE MEMBERS OF OUR PANEL TO UNDERSTAND
WHETHER, LET'S SAY NATIONALSTEEL, FOR INSTANCE, IS PREPARED TO PROVIDE A
GUARANTEE FOR ALL RECYCLED STEEL, NOT JUST FROM FEDERALLY FUNDED
PROJECTS. YOU HAVE FURTHER STATED THAT IN THE STEEL INDUSRY THE AMOUNT
OF SCRAP RECYCLED IS ALMOST TOTALLY DEPENDENT UPON THE PROCESS USED FOR
THE PRODUCTION OF THE PRODUCT.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 011 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106826
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THIS SEEMS TO IMPLY THE PRACTICAL LIMIT TO THE RECYCLING OF STEEL. I
DO NOT KNOW WHETHER I AM READING THAT RIGHT. WHAT DO YOU THINK SIR?
MR.STINSON. SENATOR, I THINK DESPITE THE FACT THAT THERE ARE SOME
LIMITATIONS ON HOW MUCH SCRAP CAN BE USED IN THE BASIC OXYGEN FURNACE
WHICH IS ONLY THE LIMITATIN I HAVE REFERRED TO I THINK THERE IS NO
QUESTION ABOUT OUR BEING PREPARED TO PURCHASE AND RECYLCE ALL FERROUS
PRODUCT SPEARATED IN THESE RECLAMATION CENTERS.
IN THE CASE OF MY OWN COMPANY, IT IS OUR COMPANY IN ST. LUOIS, THAT
IS BUYING THE FERROUS SCARP FROM UNION ELECTRIC AND UTILIZING IT EVERY
DAY IN OUR FURANCE OPERATIONS THERE. UNITED STATES STEEL PROVIDED THE
GUARANTEE BECAUSE OF THE LOCATION OF THEIR BIRMINGHAM MILLS TO THENEW
ORLEANS PROJECT WHICH, AS I AM SURE YOU KNOW, IS MOVING ALONG VERY
RAPIDLY.
SIMILARLY THROUGHOUT THE COUNTRY THESTEEL INDUSTRY STANDS PREPARED TO
MAKE AGREEMENTS, BINDING AGREEMENTS. WE HAVE NO OBJECTION TOTHAT
PROVISION OF THE ACT. IN FACT, WE RECOGNIZE THAT TO BE AN ESSENTIAL
PART OF THE PROCESS.
SENATOR RANDOLPH. I APPRECATE YOUR ENDORSEMENT OF THAT PROVISION
BECAUSE I THINK IT MUST BE THERE. IT IS A STIMULUS. IT IS A
COORDIANTED EFFORT BETWEEN THE GOVERNMENT AND PRIVATE INDUSTRY. IS THAT
YOUR UNDERSTANDING?
MR. STINSON. I WOULD CERTAINLY AGREE WITH THA, SENATOR.
SENATOR RANDOLPH. STABLE MARKETS FOR RECOVERED RESOURCES SUCH AS
STEEL, ALUMINUM, GLASS, PAPER AND PLASTICS WOULD BE GUARANTEED AS YOU
KNOW UNDERSECTION 218(A) OF THE MEASURE THAT I HAVE INTRODUCED S. 3560.
THIS WILL PLACE A HEAVY RESPONSIBILTY ON THE SECONDARY MATERIALS
INDUSTRY OF THE UNITED STATES. I RECOGNIZE THAT. IT WOULD MEAN THAT
THEY MUST PROVIDE GUARANTEED MARKETS FOR RECOVERED RESOURCES AS YOU HAVE
INDICATED.
WE WILL NOT KNOW THE FULL IMPACT, MR. STINSON, OF THESE GUARANTEES
UNTIL EPA, THE ADMINISTRATION, PROMULGATES REGULATIONS.
IF WE SHOULD PASS THIS AUTHORITY,SOME MORESPECIFIC GUIDANCE TO EPA
MIGHT BE WARRANTED. I WOULD LIKE TO HAVE YOUR COMMENT ON THAT.
THE REASON IT MIGHT BE WARRANTED WOULD BE TO ASSURE THAT SUCH A
PROGRAM WILL WORK IF ADOPTED BY THE CONGRESS.
I THINK THIS IS AN IMPORTANT ITEM FOR YOU TO ADDRSSS YOURSELF TO.
MR. STINSON. I RECOGNIZE THAT MANY DETAILS WILL HAVE TO BE IRONED OUT
AND THAT THE EPA WILL NEED GUIDANCE WHICH WE WOULD BE PREPARED TO GIVE.
THE PROBLEMS OF A SMALLER, MORE PRACTICAL NATURE THAT ARISE HERE ARE
THE LOCATIONS OF THE STEEL-PRODUCING FACILITIES.
OBVIOUSLY IN THE EASTERN PART OF THEUNITED STATES THE
STEEL-MANUFACTURING FACILITIES ARE LOCATED AT SUCH PLACES THAT IS
RELATIVELY EASY TO FIND A MARKET FOR THE PRODUCT OF MUNICIPAL REFUSE
RECYCLING SYSTEM.
IN SOME PARTS OF THE WEST MUNICIPALITIES AND SYSTEMSOF THIS SORT MAY
BE LOCATED AT SOME DISTANCE FROM STEEL MILLS. THIS WILL REQUIRE SOME
WORK WITH THE EPA. THE PROBLEM DOES NOT EXIST WHEN IT COMES TO THE
QUESTION OF THE ABILITY OF THE STEEL INDUSTRY TO UTILIZE THE MATERIAL.
THE PROBLEMS WILL PROBABLY CENTER AROUND THE PROBLEMS OF TRANSPORTATION
COSTS IN SOME LOCALITIES. BUT I AGREE THAT THATRACTICAL PROBLEMS THAT
WILL HAVE TO BE TABLEDWILL REQUIRE A COOPERATIVE EFFORT.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 012 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106827
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
WE WOULD BE HAPPY AND STAND READY TO MAKE ANY INPUT THAT THE EPA
ADMINISTRATOR WANTS FROM US IN WORKING OUT THESE DETAILS.
SENATOR RANDOLPH. YOU ARESAYING, MR. STINSON,THAT THERE IS NOT A
RELUCATNCE. THERE IS AN IGNORANCE OF HOW TO DO THIS JOB RIGHT UNDER A
COOPERATIVE EFFORT?
MR.STINSON. YES. SENATOR, I AM HERE AS YOU KNOW SPEAKING FOR THE
STEEL INDUSTRY. WHAT I SAY REFLECTS THE ATTITUDE OF THE STEEL INDUSTRY.
I DON'T SAY THAT IN ANY SENSE THAT THE ATTITUDE OF OTHER BASIC
MATERIALS PRODUCERS IS DIFFERENT, SIR, I WOULD HAVE TO SAY THAT WHAT I
AM SAYING IS THAT THE STEEL INDUSTRY IS QUITE PREPARED TO MAKE ANY KIND
OF COMMITMENT TO ENTER INTO ARRANTEMENTS WITH TEH EPA ADMINISTRATOR
AFTER THE PASSAGE OF THIS ACT THAT MAY BE REQUIRED TO AMKE IT WORKABLE.
SENATOR RANDOLPH. IN OTHER WORDS, TO USE THE TRITE AND PERHAPS
OVERWORKED EXPRESSION,THERE WILL BE NO DRAGGIN OF FEET?
MR. STINSON. NO, SIR.
SENATOR RANDOLPH. THANK YOU, MR. STINSON.
SENATOR MCCLURE?
SENATOR MCCLURE. THANK YOU VERY MUCH, MR. CHAIRMAN.
MR. STINSON AND THE OTHER MEMBERS OF THE PANEL, I HAVE READ THE
STATEMENTS THAT ALL FOUR OF YOU HAVE PRESENTED. I FIND SOME COMMON
THEMES THAT RUN THROUGH ALL FOUR. BECAUSE I MUST LEAVE IN ABOUT 5
MINUTES I MAY AS A QUESTION OF ONE OF TH E OTHER GENTLEMEN AS WELL.
MR. SPIEGEL, IN GOING THORUGH YOUR TESTIMONYI NOTICE THAT YOU SUGGEST
THAT THERE BE SEPARATION OF THE RECYCLABLE MATERIALS INTHREE STAGES AND
THAT THE FINAL STAGE BY THE BURNING FOR THE SOURCES OF ENERGY.
AFTER YOU HAVE REMOVED FROM THE WASTE STREAM ALL OF THE RECYCLABLE
FIBERS IS THERE ENOUGH COMBUSTIBLE MATERIAL LEFT FOR AN ECONOMI ENERGY
UTILIZATION?
MR. SPIEGEL. YES, SIR; THEREIS, SENATOR. I DON'T BELIEVE I HAVE
THE EXACT PERCENTAGES THAT REMAINS OF THE CONTAMINATED FIBERS THAT ARE
NOT EXONOMICALLY SUITABLE FOR RECYCLING, BUT THERE IS SUFFICIENT
QUANTITY OF CELLULOSE FIBER REMAINING IN THE WOLID WASTE STREAM TO
PROVIDE NEEDED BTU'S FOR THE PRODUCTION OF ENERGY.
SENATOR MCCLURE. YOU SUGGESTED ALSO AS YOU DID IN YOUR ANSWER JUST
NOW THAT THESE PAPER PRODUCTS BE ISOLATED FROM CONTAMINATION AND
CONTACTWITH OTHER REFUSE. SOME 4 OR 5 YEAFS AGO I VISITED THE
NATIONALFOREST PRODUCTS LABORATORY IN MADISON, WIS., AND THEY WERE
RUNNING A DEMONSTRATION PROJECT AT THAT TIME IN WHICH THEY FED MUNICIPAL
WASTES WITHOUT SEPARATION INTO THE STREAM AND THE FIBERS WERE SEPARATED
BY MECHANICAL DEVICES AND PAPER PRODUCED FROM THE RECYCLED PRODUCT.
THERE WAS NO EFFORT MADE IN THAT DEMONSTFATION TO SEPARATE IT. WHY
DO YOU STATE THAT SEPARATION IS NECESSARY?
MR. SPEIGEL. SENATOR, THIS IS A MATTER OF ECONOMICS. IT COSTS MORE
TO TRY TO PRODUCE A USABLE PAPER PRODUCT FROM CONTAMINATED FIBERS.
SENATOR MCCLURE. SO IT IS A MATTER OF COST RATHER THAN A MATTER OF
TECHNOLOGY?
MR. SPEIGEL. EXACTLY RIGHT, SIR.
SENATOR MCCLURE. SO IF THE ECONOMICS WERE DIFFERENT OR IF WE DESIRED
TO BUY ARTIFICAL OUTSIDE INCENTIVES OF ONE KIND OR ANTOHER TO CHANGE THE
ECONOMICS, A HIGHER DEGREE OF RECOVERABEL FIBER COULD BE PROCESSED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 013 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106828
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR. SPEIGEL. SENATOR, I BELIEVE THAT IT IS POSSIBLE TO GENERATE A
SUBSTANTIAL INCREASE IN THE RECOVERABEL FIBERS THROUGH SOURCE SEPARATION
AND WITHOUT SOMESORT OF ARTIFICAL STIMULUS FOR THE USE OF THE
CONTAMINATED FIBERS. I ALSO BELIEVE THAT A CERTAINAMOUNT OF
CONTAMINATED PAPER FIBER IS DESIRABLE IN THE GENERATION OF ENERGY.
SENATOR MCCLURE. I HAVE NOTICED-IN READING ALL FOUR OF THE
STATEMENTS THERE IS A FATHEF UNIFORM TONE TO THE STATEMENTS WHICH WOULD
SUGGEST TO ME THAT YOU GENTLEMEN ARE NOT TOTALLY WITHOUT COMMUNICATION
AMONG YOURSELVES.
THERE IS ONE AREA, HOWEVER,TOUCHED UPON BY MR. STINSON, WHICH ITHINK
MF. JONES HAS NOT REALLY TOUCHED UPON,AND THTA IS THE QUSTION OF THE
OREGON EXPERIMENT OF NONRETURNABLE CONTAINERS, IS THAT BECAUSE YOUR
INDUSTRY FINDS ITSELF AFFECTED DIFFERENTLY IN THAT PARTICULAR INSTANCE?
MR. JONES. NO. WE SHARE WITH MR. STINSON, COMPLETE ENIGMA AS FAR AS
THE OREGON TYPE OF SITUATIONIS CONCERNED. WE THIS IT IS WRONG FROM AN
EMPLOYMENT STANDPOINT. WE THINK ECONOMICALLY IT IS NOT RICHT FOR THIS
COUNTRY. WE THINK THE -OUSEWIFE IN THE FINAL ANALYSIS SHOULD HAVE
FREEDOM OF CHOICE. IF SHE ELECTS TO USE A RETURNABLE BOTTLE FOR
WHATEVER HER REASONS OR WHATEVER SHE PERCEIVES TO BE HER REASONS, I
THINK THE RETURNABLE BOTTLE SHOULD BE MDE AVAILABLE TO HER. EQUALLY, IF
SHE ELECTS TO USE HER MONEY IN THE MARKETPLACE TO BUY CONVENIENCE FOF
WHATEEVER REASON SHE PERCEIVES AND WANTS TO BUY CONVENIENCE, SHE SHOULD
HAVETHAT FREEDOM OF CHOCE. WE AREVERY MUCH AGAINST THE OREGON LAW
PROLIFERATING OTHEF STATES.
SENATOR MCCLLRE. YOU ALSO STATE KINI OF A SUMMARY OF YOUF
OENSTATEMENT AND I THINK PERHAPS THE SUMMARY AS I WOULD CET IT MOST OF
INDUSTRY,CERTAINLY THE FOUR OF YOU HERE TODAY, IT APPEAR AT THE BOTTOM
OF PAGE 3 AND TOP OF PAGE 4 OF YOUR STATEMENT, THATIF THE ECONOMICS OF A
MARKETPLACE INDICATES THAT A PRODUCT SHOULD BE MADE OF RECYCLFD MATERIAL
IT WILL BE. IT NOT, IT SHOULD BE MADE OF VIRGIN MATERIALS. THAT TO ME
WOULD SUMMARIZE WHAT YOU ALL FOUR ARE SAYING.
TO A LIMITED DEGREE I AGREE WITH THAT, BUT TO A SOMEWHAT LESS LIMITED
DEGREE I WOULD SAY THAT THAT IS BASICALLY THE PROBLEM WE ARE CONFRONTED
WITH, THAT AS LONG AS THAT IS THE APPROACH TAKEN BY INDUSTRY THEN THAT,
COUPLED WITH YOUR AVERSION TO SOURCE REDUCTION WOULD SIMOPLY INDICATE TO
ME A CONTINUATION OF THE PRESENT CONDITION IN WHICH WE GENERATE HIGHER
RATES OF CONSUMPTION OF VIRGIN MATERIALS RATHER THAN REDUCED RATES OF
CONSUMPTION OF VIRGINMATERIALS.
THE CONGRESS IS GOING TO DO SOMETHING I SUSPECT WITH REGRAD TO TRYING
TO CHANGE THE ECONOMIC PICTURE TO INDICATE THAT RECYCLED MATERIALS WILL
BE LESS EXPENSIVE THAN VIRGIN MATERIALS. THAT CAN TAKE THE PLCE OF
INCENTIVES AS HAS BEEN SUGGESTED BY SOME OF YOU, OR TAX INCENTIVES TO
AID IN RECYCLING OR IT CAN TAKE THEFORM WHICH YOU HAVE RATHER UNIFORMLY
CONDEMNED OF TAXING THE USE OF VIRGIN MATERIALS, MAKING THE USE OF
VIRGIN MATERIALS MORE EXPENSIVE AND MORE DIFFICULT.
I UNDERSTAND YOUR APPROACH THAT SAYS YOU DON'T LIKE THE APPROACH.
YOU PREFER THE FORMER IF THERE IS GOING TO BE ANY.
ONE THING THAT NONE OF YOU HAS TOUCHED ON IS THE WAY IN WHICH
GOVERNMENT CAN ASSIST IN TRANSPROTATION. MY UNDERSTANDING IS THAT IT IS
CHEAPER TO TRANSPORT VIRGIN MATERIALS THAT IT IS RECYCLED MATERIALS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 014 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106829
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
IS THAT ACCURATE BOTH IN TERMS OF RATES AND IN TERM SO BULK?
MR. STINSON. YES. AT THE PRESNET TIME THE RATES -- I AM SPEAKING
NOW ONLY FOR THE STEEL INDUSTRY, SENATOR -- THE RATES ON ORE, FOR
EXAMPLE, AND COAL, ARE CHEAPER PER TON BECAUSE OF THE VALUE OF THE
PRODUCT BEING CARRIED AND BECAUE OF THE BULK PROBLE, THATN THE
TRANSPORTATION OF SCRAP. THAT IS TRUE.
SENATOR MCCLURE. SO THERE IS AN ECONOMIC DISINCENTIVE FOR THE
RECYCLING OF SCRAP IN THE TRANSPORTATION RATES OF SCRAP MATERIALS VERSUS
VIRGIN MATERIALS?
MR. STINSON. SENATOR, THIS INCENTIVE IS SO SLIGHT COMPARED TO THE
DIFFERENCE IN THE PRICE OF VIRGIN MATERIALS VERSUS SCRAP THAT IF YOU
HAUL THE SCRAP FREE YOU STILL WON'T AFFECT THE PROBLEM VERY MUCH. TODAY
THE STEEL SCRAP IS SELLING AT VARIOUS LOCATIONS AT DIFFERENT PRICES, BUT
LET'S SAY $150 TO $175 A TON AND VIRGIN MATERIALARE STILL PRODUCED AND
ARE SOLD AT SOMEWHERE LESS THAN $30 A TON.
SENATOR MCCLURE. SO THE PRICE FOR SCRAP HAS GON E UP DRAMATICALLY IN
THE LAST 3 YEARS.
MR. STINSON. BUT THIS DIFFERENCE HAS ALWAYS EXISTED. SENATOR. THE
PRICE OF SCRAP, LET'S SAY, OVER THE LAST 10 YEARS RESPECTIVELY MIGHT
HAVE BEEN IN THE $30 TO $35 AREA AND THE PRICE OF THE MOST EXPENSIVE
TYPE OF IRON PELLETS ARE AROUND $16. YOUR FREIGHT RATES MIGHT BE $4 OR
$5 A TON. SO IF YOU CHANGE THE FFEIGHT RATES YOU STILL WOULDN'T
ACCOMPLISH VERY MUCH TO BRIDGE THAT GAP.
SENATOR MCCLURE. SOE 4 YEARS AGO I INTRODUCED LEGISLATION ATTEMPTING
TO DEAL WITH THE PROBLEM OF RECYCLING JUNKED AUTOMOBILES WHICH
TRANSPORTATION WAS ONE OF THE BOTTLENECKS. WITH THE INCREASE IN PRICE
OF SCRAP METAL THERE IS NO PROBLEM IN RECYCLING JUNK AUTOMOBILES.
GENERALLY SPEAKING, EXCEPT IN ISOLATED CASES OR ISOLATED LOCATIONS,
JUNK AUTOMOBILES ARE FINDINGTHEIR WAY VERY FREELY INTO THE RECYCLING.
IS THAT NOT CORRECT?
MR.STINSON. THAT IS CORRECT . THE TRANSPORTATION PROBLEM THAT YOU
REFERRED TO WAS PERHAPS THE MOST DIFFICULT PROBLEM IN UTILIZING THE OLD
AUTOMOBILE HULK.
SENATOR MCCLURE. I AM SYMPATHETIC WITH THE DIFFICULTIES THAT
INDUSTRY HAS IN TRYING TO COMPETE IN A MARKETPLACE IN WHICH THERE ARE
ALWASY COMPETITIVE FACTORS. YOU ARE CERTAINLY NOT WITHOUT DIFFICULTY OF
MEETING THATCOMPETITIVE SITUATION IF INDEED YOU MOVE INTO AN AREA WHERE
YOUR COMPETITORS DO NOT HAVE THE HIGH COST. SO THERE HAS TO BE SOME
UNIFORMITY TO THE INDUSTRY APPROACHES OR YOU PRICE YOURSELF OUT OF
BUSINESS REGARDLESS OF YOUR PUBLIC SPIRIT OR YOUR DESIRE TO BE OF
ASSITANCE IN RECYCLING THE SCRAP. SO I AM QUITE AWARE OF THE NECESSITY
FOR AFFORDING SOME KIND OF A LEGISLATIVE BASEMARK FROM WHICH ALL OF YOU
WILL OPERATE EQUALLY.
BUT I AM SOMEWAHT CONCERNED THAT THE TESTIMONY THIS MORNING SEEMSTO
BE UNIFORMLY AGAINST ANY ATTEMPT TO REDUCE THE GROSS CONSUMPTION OF
MATERIALS. I A M AWARE THAT JOBS ARE CREATED BU ANY PRODUCTION OR
DISTRIBUTION MECHANISM. BUT I AM ALSO AWARE THAT OUR RATE OR RESOURCE
CONSUMPTION IS HIGH AND GROWING HIGHER ON THE PER CAPITA BASIS AT THE
TIME WE FIND RESOURCES MORE AND MORE EXPENSIVE AND T A TIME WHEN WE ARE
BEGINNING TO RECOGNIZE THAT RESOURCES ARE FINITE, AT LEAST SOME OF THEM
WHICH ARE NOT RENEWABLE THAT HAVE BERY DEFINITE LIMITS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 015 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106830
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SO THEFE ARE SOME LIMITATIONS. I WOULD SUGGEST ON NOW MUCH GROSS
CONSUMPTION WE CAN HAVE. YES, YOUR STATEMENT ALL SEEM TO ME TO INDICATE
THAT THE ONLY DIRECTION WE SHOULD TAKE IS TOWARD RECYCLING WHAT WE HAVE
ALREADY USED AND PAY NO ATTENTION AT ALL TO THE REDUCTION OF GROSS
CONSUMPTION. AM I CORRECT IN SUMMARIZING YOUR STATEMENTS? IF ANY OF
THE FOUR OR YOU DISAGREE WITH THAT I WOULD WELCOME YOUR STATEMENT .
MR.SRINSON. SENATOR, MY POSITION. I THINK, WOULD BE IT IS REALLY UP
TO THE PUBLIC TO DETERMINE THE AMOUNTOF MATERIAL THAT WE PRODUCE IF THEY
WANT TO CONSUME IF; NOT IN A FRIVOLOUS WAY, BUT IN A WAY THAT SERV ES
THE DISTRIBUTIONOF FOOD AND OTHER NECESSITIES OR THINGS THAT THE PUBLIC
REGARDS AS NECESSITIES.
IT SEEMS TO ME THAT THE DETERMINIG FORCE HERE OUGHT TO BE THE PUBLIC,
NOT OURSELVES OR THE GOVERNMENT, FOR THAT MATTER.
SENATOR MCCLURE. THE GOVERNMENT IS AN EXTENSION OF THE PUBLIC FOR
SOME RESPECTS AT LEAST. I SUSPECT THE PUBLIC WILL BE HEARD FROM THROUGH
ONE CHANNEL OR THEOTHER.
MR. STINSON, THERE IS ONLY ONE STATEMENT THAT YOU MAKE THAT I WOULD
REALLY QUARREL WITH VERY STRENOUSLY, AND I DO QUARREL WITH IT QUITE
STRENUOUSLY.
PACKAGING HAS VIRUTE, I HAVE NO QUESTION OF THAT. IT PROVIDES
CONVENIENCE AND SAFETY AND NUTRITIONALVALUE AND SANITATION AND ALL OF
THE OTHE R VIRTUES THAT YOU ASCRIBE TO IT. BUT WHEN YOU SUGGEST THAT
PACKGING IS THE REASON THAT AGRICULTURE IS SO PRODUCTIVE. I HAVE TO
SOMEHOW DEPART. THAT IN MY JUDGMENT, PACKAGING ADDS A COST TO THE
CONSUMER WHICH THE CONSUMER IS WILLING TO PAY, BUT TOO MUCH OF THAT COST
OF THAT PACKAGING HAS BEEN TAKEN OUT OF THE HIDE OF THE PRODUCER IN
TERMS OF THE FINISHED COST OF THE PRODUCT TO THECONSUMER. UNTIL VERY
RECENTLY, THE PRODUCER OF AGRICULTURAL PRODUCTS HAS BEEN GETTING LESS
AND LESS AND A SMALLER AND SMALLERPERCENTAGE OF THE TOTAL PRICE PAID BY
THE CONSUMER AND PACKAGING IS A LARGE PART OF THAT COST.
I HAV NO OBJECTION TO THE PACKAGING, BU TI DO HAVE AN OBJECTION WHEN
PACKAGING IS TAKEN OUT OF THE HIDE OF THE PRODUCER. I CAN'T AGREE WITH
YOUR STATEMENT THAT THAT PACKAGING HAS SOMETHING TO DO WITH THE
PRODUCIVE CAPACITY OF THE NATION'S FARMS.
MR. STINSON. SENATOR. I DIDN'T MEANTO CONVEY THAT IMPRESION. IF
THAT IS THE WAY IT IS STATED, IT REFLECTS OUR BEING CARRIED AWAY
WITHOURSELVES A LITTLE BIT. ALL I WAS TRYING TO INDICATE WHICH I BEIEVE
IS TRUE, THAT THE MOVEMENT OF THE FOOD ONCE IT HAS BEN PRODUCED IS
GREATLY FACILITATED BY THE PACKAGINGINDUSTRY AND THE ADVANCES THAT HAVE
BEEN MADE, THE SCIENTIFIC TECHNOLOGY THAT HAS BEEN DEVELOPED, THE
SANITARY ASPETS OF IT, THE PRESERVATIVE ASPECTS OF IT, SO THAT IT CAN BE
SHIPPED GREAT DISTANCES AND KEPT ON SHELVES AND IN STORAGE. ALL OF
THOSETHINGS ARE AN EXTENSION OF THE EFFORT IN PRODUCING THE AGRICULTURAL
RPODUCT.
MY HAT IS OFF TO THE PRODUCERS OF THE AGRICULTURAL PRODUCTS THAT WE
HAVE NOTHING TO DO WITH. THEY HAVE DONE A FABULOUS JOB. BUT IT DOES
SEEMTO ME THAT WE HAVEAN ESSENTIAL CONNECTION WITH THEM IN DISTRIBUTING
THE PRODUCT THAT THEY PRODUCE. THAT IS WHAT I WAS TRYING TO REFER TO.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 016 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106831
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR MCCLURE. I HAVENO QUSETION THAT THAT STAEMENT IS CORRECT.
BUT I DO HAVE A QUESTION AS TO WHETHER THAT HAS ANYTHING TO DO WITH
THEIR PRODUCTIVE CAPACITY. A S A MATTER OF FACT, IF YOU DON'T DO SUCH A
GOOD JOB OF PACKAGING AND DISTRIBUTING, MAYBE THERE WOULD BE MORE WASTE
AND THERE WOULD BE A LARGER MARKTE. THEY WOULD GET A HIGHER PRICE, AND
BECAUSE LES OF IT WAS PAID IN THE PACKAGING, THEY WOULD GET MORE MONEY
FOR WHAT THEY SELL. I DON'T MEAN BY THAT TO SAY THAT I DON'T LIKE
PACKAGING. I DO. MY WIFE LIKES THE CONENIENCE. I THIN EVERYONG OF US
BENEFITS FROM THE PACKAGING AND DISTRUBTION INDUSTRIES.
BUT THE FARMERS HAVE NOT BEEN BENEFITED IN TERMS OF INCREASED MONEY
INTHEIR POCKETS BECAUE OF THE PACKAGING, IN MY JUDGMENT, AS BENEFICIAL
AS IT MAY BE.
MR. CHAIRMAN. THANKYOU. I DO HAVE ANOTHER HEARING. I HAVE
1TO GO. I THANK ALL FOUR OF YOU FOR YOUR STATEMENTS.
SENATOR DOMENICI (PRESIDING). THANK YOU SENATOR.
I THINK RATHER THAN PROCEED WITH THE QUESTIONS, WE WILL PROCCED WITH
THE STATEMENT FROM THE REST OF THE PANEL, AND THEN SENATORS WILL INQUIRE
OF ALL FOUR OF THEWITNESSES. THEN WE WILL HAVE ADDITIONAL QUESTIONS FOR
YOUR. LET'S PROCEED NOW WITH OUR NEXT WITNESS.
OUR NEXT WITNESS IS THE CHAIRMAN OF THE SOLID WASTE COUNCIL OF THE
PAPER INDUSTRY MR. EDWIN J. SPEIGEL, JR.
MR. SPEIGEL. THANK YOU, SENATOR.
MY NAME IS EDWIN J. SPEIGEL, JR. I AM THE PRESIDENT AND CHIEF
EXECTUIVE OFFICER OF THE ALTON BOX BOARD CO. MY COMPANY ISHEADQUARTERED
IN ALTON, ILL. IT HAS 46 OPERATING LOCATIONS IN THE UNITED STATES WITH
APPROXIMATELY 5,000 EMPLOYEES. I AM ALSO THE CHAIRMAN OF THE SOLID
WASTE COUNCIL OF THE PAPER INDUSTRY ON WHOSE BEHALF I AM APPEARING HERE
TODAY.
I AHVE WITH MR J. RODNEY EDWARDS, VICE PRESDIENT OF THE AMERICAN
PAPER INSTUTUTE; AND RICHARD J. WIECHMANN, DIRECTOR OF ENVIRONMENTAL
AFFAIRS FOR THE AMERICAN PAPER INSTITUTE AND SECRETARY OF THE SOLID
WASTE COUNCIL.
I AM SPEAKING HERE THIS MORNING ON BEHALF OF THE SOLID WASTE COUNCIL
OF THE PAPER INDUSTRY. THIS ORGANIATION FOUNDED NEARLY 4 YEARS AGO, IS
COMPOSED OF KEY PAPER INDUSTRY EXECUTVIES AND IS SUPPORTED AND FUNDED BY
THE MEMBER COMPANIES OF THREE MAJOR INDUSTRY TRADE ASSOCIATIONS. THESE
ARE:
THE AMERICAN PAPER INSTITUTE, THE NATIONAL TRADE ASSOCIATION OF THE
PULP. PAPER, AND PAPERBOARD INDUSTRY, WITH ITS 200 MEMBER FIRMS THAT
PROVIDE MORE THAN 90 PERCENT OF ALL OF THE PULP, THE PAPER , AND
PAPERBOARD MANUFACTURED DOMESTICALLY.
THE FIBRE BOX ASSOCIATION WHICH REPRESENTS OVER 100 COMPANIES THAT
-CCOUNT FOR MORE THAN 85 PERCENT OF THE CORRUGATED AND SOID FIBER BOARD
MADE IN THIS COUNTRY -- THE GREAT BULK OF WHICH IS CONVERTED INTO
SHIPPING CONTAINERS AND
THE PAPERBOARD PACKAGING COUNCIL WHOSE OVER 125 MEMBERS PRODUCE
APPROXIMATELY 80 PERCENT OF DOMESTICALLY MANUFACTURED FOLDING PAPER
CR-TON WHICH ARE USED PRIMARILY FOR THE PACKAGING OF CONSUMER
COMMONDITIES SUCH AS FOOD,DRUGS, COSMETICS, SOAPS, APPLIANCES, TOAY, AND
HARDWARE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 017 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106832
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE PAPER INDUSTRY RANKS AMONG THE 10 LARGEST INDUSTRIRES IN THE
UNITED STATES. LAST YEAR IT PRODUCED 62 MILLION TONS OF PAPER AND
PAPERBOARD, AND THE NET SALES OF THE PAPER AND ALLIED PRODUCTS COMPANIES
AMOUNTED TO OVER $26 BILLION. THE INDUSTRY EMPLOYS OVER 700,000 POEPLE
AND LST YEAR ITS OUTLAY IN WAGES, SALARIES AND BENEFITS CAME TO NEARLY
$8 BILLION. IT OPERATES IN VIRTUALLY EVERY STATE OF THE UNION AND LAST
YEAR PAID $1.8 BILLION IN TAXES.
THE PAPER INDUSTRY IS DEEPLY CONCERNED WITH THE NATION'S MOUNTING
SOLID WASTE PROBLEM. IT RECOGNIZES THE NEED FOR LEGILSATION WHICH WILL
STIMULATE THE DEVELOPMENT O F POSITIVE SOLUTION S TO THIS PROBLEM. THE
SOLID WASTE COUNCIL HAS APPEARED ON PREVIOUS OCCASIONS BEFORE MEMBERS OF
THE SENATE ON PROPOSED LEGISLATION DESIGNED TO ALLEVIATE THE SOLID WASTE
PROBLEM. WITHIN THE PST YEAR WE HAVE EITHER TESTIFIED OR SUBMITTED
WRITTEN COMMENTS FOR THE RECORD ON SENATE BILLS 1122, 1593, 1879, 2062,
AND 2753. I WOULD LIKE TO SAY, HOWEVER, THAT WHEREAS WE COULD ENDORSE
THE GOALS OF THOSEBILLS, WE FOUND SERIOUS DEFICIENCIES WITH MANY OF THE
METHODS THEY PROPOSED TO ACHIEVE THOSE GOALS.
TODAY, HOWEVE, WE ARE DELIGHTED TO NOTE THAT OF THE FOUR PIECES OF
LEGISLATION UNDER CONSIDERATION, ONE OF THEM, S. 3560, THE SOLID WASTE
UTILIZATION ACT OF 1974, DOESNOT PROVOSE UNPRODUCTIVE DISINCENTIVES SUCH
AS ESTABLISHING PRODUCT STANDARDS AND IMPOSING TAXES ON PACKAGING AS A
SOLUTION TO THE SOLID WASTE PROBLEM. ON THE CONTRARY, THE RANDOLPH BILL
IS WRITTEN WITH THE RECOGNIZATION THAT OUR SOCIETY IS FAST BECOMING
RESOURCE SHORT -- THAT W MUST MAKE EVERY EFFORT TO RECOVER AND REUSE THE
TREASURE-TROVE OF RESOURCES IN SOLID WASTE -- INCLUDING ENERGY.
TODAY THERE ARE TWO BASIC PHILOSOPHIES WITH REGARD TO SOLIVNG THE
PROBLEMS OF SOLIDWASTE. THEY CO-LD BE GENERALLY CATEGORIZED AS "SOURCE
REDUCTION" VERSUS "RESOURCE RECOVERY." SOURCE REDUCTION WE BELIEVE, IS A
NEGATIVE APPROACH TO THE PROBLEM AS AGAINST THE THE POSITIVE CONCEPT OF
RESOURCERECOVERY.
TODAY NEWSPAPER HEADLINES INDICATE THAT IN MANY SECTORS OUR SOCIETY
IS TURNING FROM A CONDITION OF SURPLUS TO ONE OF SHORTAGE. IN THESE
DAYS WHEN THE SOLID WASTE WHICH OUR NATION BURNS OR BURIES IS REPLETE
WITH METALS, GLASS AND PAPER FIBER, OUR COUNTRY MUST SET UP PROGRAMS TO
RECLAIMAND REUSE THESE MATERIALS. IN SHORT, WE WOULD RESPECTFULLY
SUGGEST THAT THE ULTIMATE SOLUTION FOR OUR NATION'S SOLID WASTE PROBLEM
WILL BE FOUND IN THE EVENTUAL NATIONAWIDE APPLICATION OF RESOURCE
RECOVERY TECHNOLOGIES.
RESOURECE RECOVERY FROM SOLID WASTE INCLUDES THE RECLAMATION OF
MATERIALS SUCH AS METALS, GLASS, AND FIBER WHICH CAN BE USED INTHE
MANUFACTURE OF NEW PRODUCTS, UTILIZING THOSE MATERIALS ALONE OR IN
COMBINATION.
IN ADDITION TO SPECIFIC MATERIALS, RESOURCE RECOVERY ALSO INCLUDES
THE UTILIZATION OF THE COMBUSTIBLE COMPONENTS OF WASTE AS FUEL IN ENERGY
GENERATION,PRODUCTION OF COMPOST, AND RECLAMATION OF LANDTHROUGH
SANITARY LANDFILL.
LOGICALLY, RESOURCE RECOVERY, IN CONCEPT AND PRACTICE, SHOULD AIM TO
OPTOMIZE THE POSSIBLE SOCIAL, ECONOMIC AND ENVIRONMENTAL BENEFITS. TO
THIS END, RESOURCE RECOVERY SHOULD UTILIZE WASTE MATERIALS AT THEIR
HIGHEST ECONOMICVALUE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 018 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106833
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
AS FAR AS THE PAPER INDUSTRY IS CONCERNED, RESOURCE RECOVERY IS A
POSTIVE SOLUTION WHICH -- IF PROPERLY IMPLEMENTED COULD EVENTUALLY
RESULT IN THE CONSTRUCTIVE UTILIZATION OF THE MAJOR PORTION OF
POSTCONSUMER WASTE PAPER FRM THE NATION'S SOLID WASTE STREAM.
LLOKING AT RESOURCE RECOVERY OF THE PAPER FRAC TION OF SOLID WASTE,
IT IS IMPORTANT TO UNDERSTAND THAT THERE ARE TWO MAJOR CATEGORIES OF
POSTCONSUMER WASTE PAPER. THE FIRST CATEGORY IS PAPER USABLE FOR
RECYCLING. SUCH PAPER MUST BE CLEAN. FOR THIS REASON IT MUST BE
COLLECTED SEPARATELY AND BE UNCONTAMINATED BY HOUSEHOLD AND OTHER
REFUSE. THE SECOND CATEGORY INCLUEDES THOSE PAPER WASTES WHICH HAVE
BECOME CONTAMINATED, OR HAVE NO ECONOMIC RECYCLINGVALUE. THESEWASTES,
HOWEVER, HAVE GREAT POTENTIAL VALUE AS ANENERGY SOURCE.
RESOUCRE RECOVERY AS ENVISIONED BY THE PAPER INDUSTRY AND ALSO BY
EPA'S OFFICE OF SOLID WASTE MANAGMENET, REQUIRES A THREE-STAGE APPROACH.
FIRST, SPEARATE THE RECYCLABLE GRADES PAPER FROM MUNICIPAL SOLID WASTE,
SECOND, EXTRACT THE METALS AND GLASS FRM THE REMAINING WASTE. THIRD,
CONVERT THE BALANCE INTO ENERGY.
THE PAPER INDUSTRY IS DEEPLY COMMITTED TO THE CONCEPT OF RESOURCE
RECOVERY AS EMBODIES IN SENATE BILL 3560. IN 1973, OVER 15 MILLION TONS
OF WASTE PAPER WERE RECYCLEDIN THIS COUNTRY OR EXPORTED TO RECYCLING
MILLS OVERSEAS. LAST YEAR THE EQUIVALENT OF NEARLY 24 MILLION CORDS OF
WOOD RESIDUES SUCH AS SAWDUST AND WASTE WOOD GENERATED IN THE
MANUFACTURE OF LUMBER, PLYWOOD AND OTHER WOOD PRODUCTS WERE USED BY THE
PAPER INDUSTRY CURRENTLY, IT IS ESTIMATED THAT THE INDUSTRY OBTAINS 42
PERCENT OF ITS TOTAL FUEL REQUIREMENTS FROM PROCESS WASTES, SPENT
PULPING LIQUORS AND BARK.
THER EIS NO QUESTION IN THE MIDS OF THE SENIOR EXECUTIVES OF OUR
INDUSTRY WHO SUPPORT THE SOLID WASTE COUNCIL THAT SOLID WASTE IS AND
SHOULD BE TREATED AS A NATIONAL RESOURCE.
SENATOR DOMENICI. WOUL YOU GO BACK TO WHERE YOU REFER TO THE 15
MILLION TONS OF WASTE PAPER RECYCLED IN THIS COUNTRY AND THEN YOU
PROCEEDTO DESCRIBE THE RAW WOOD USED IN PAPER. COULD YOU GIVE US A
PRECENTAGE ESTIMATE OF CONVERTING IT TO CORDS?
MR. SPEIGEL. GIVE YOU A TOTAL PERCENTAGE OF OUR TOTAL CONSUMPTION OF
WOOD? ABOUT 26 PERCENT, SENATOR.
SENATOR DOMENICI. THATIS NOT MY QUESTION. WHAT PERCENTAGE IS BEING
RECYCLED? WHAT IS 15 MILLION TONS RECYCLED?
MR. SPEIGEL. IT IS ABOUT 22 PERCNET OF OUR TOTALPRODUCTION.
SENATOR.
SENATOR DOMENICI. ABOUT 22?
MR.SPEIGEL. YES, SIR.
SNEATOR DOMENICI. WHY DOES MUCH OF THAT GO TO MILLS OVERSEAS?
MR. SPEIGEL. IN THELAST YEAR IT HAS BEEN A MATTER OF WORLD DEMAND.
SENATOR DOMENICI. IT HAS NOTHING TO DOIWTH WHETHER OR NOT AMERICAN
MILLS ARE GENERALLY EQUIPPPED TO USE OR TO RECYCLE?
MR.SPEIGEL. MOST OF THE PAPER MILLS IN THE UNITED STATES ARE
EQUIPPED OR ARE BECOMING EQUIPPED TO SUE SECONDARY FIBERS OR RECYCLABLE
MATERIALS. SENTAOR.
SENATOR DOMENICI. DOES THE OVERSEAS SHIPMENT HAVE NAYTHING TO DO
WITH FREIGHT RATES OR THE LIKE THAT MIGHT BE COMPARABLE?
MR. SPEIGEL. I DON'T BELIEVE SO. NO T IN THE PAPER INDUSTRY.
SENATOR DOMENICI. THANK YOU.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 019 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106834
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR. SPEIGEL. ABOT A YEAR AGO, THE MIDWEST RESEARCH INSTITUTE OF
KANSAS CITY. MO., AN INDEPENDENT, NONPROFIT ORGANIZATIONWITH A WEALTH OF
EXPERIENCE IN SOLID WASTE AND OTHER ENVIRONMENTAL RESERACH COMPLETED A
YEAR-LONG STUDY, SPONSORED BY THE SOLID WASTE COUNCIL, ENTITLED:"PAPGER
RECYCLING THE ART OF THE POSSIBLE -- 1970 - 85." THIS STUDY -- COPIES OF
WHICH WERE MADE AVALAIBLE TO THE COMMITTEE MEMBERS AND STAFF PROJECTED
THE FIBER RESOURCES AND THE RECYCLING OPRTIONS OF THE PAPER INDUSTRY
OVER THE 15-YEAR PERIOD. IT CONCLUDED THAT, WHEREAS THE PAPER INDUSTRY
IN 1970 HAD A RECYCLING RATE OF SLIGHTLY OVER 20 PERCNET, IT COULD
ACHIEVE A RECYCLING LEVEL OF 26 PERCENT -- OR ABOUT 26 MILLION TONS --
BY 1985: BUTONLY IF EXTERNAL FORCES SHOULD PROVIDE INCENTIVES AND
CREATE NEW DEMAND FOR RECYCLED PRODUCTS.
THIS MAY NOT SOUND LIKE A GREAT INCREASE, BUT THE MIDEWEST STUDY
POINTED OUT THAT, WITHOUT SUCH INCENTIVES AND CHANGES IN PUBLIC
ATTITUDE, THE RECYCLING RATE WOULD DECREASE TO 17 PERCENT BY 1985. THE
DIFFERENCE BETWEEN TH 17 PERCENT AND 26 PERCENT RECYCLING RATES IN 1985
WOULD BE NERALY ASMUCH AS THE TOTAL TONNAGE RECYCLED IN 1970. IT WOULD
ALSO RESULT IN SOLID WASTE DISPOSAL COST SAVINGS TO THE TAXPAYERS OF
$239 MILLION ANNUALLY ACCORDING TO THE REPORT.
WHAT WOULD BE REQUIRD FOR THE INDUSTRY TO REACH THE 26 PERCENT
RECYCLING RATE? THE PAPER INDUSTRY BELIVES THAT GOVERNMENT MUST MAKE
MOREOF AN EFFORT TO ENCOURAGE RECYCLING. MORE SPECIFICALLY, IT BELIEVES
THAT GOVERNMENTSHOULD CREATE A VARIETY OF INCENTIVES THAT WOULD ENABLE
OUR INDUSTRY TO RECYCLE MORE WASTE PAPER ON AN ECONOMICALLYSOUND AND
DEPENDABLE BASIS.
THE AMERICAN PAPER INSTITUTE HAS TESTIFIED ON TWO OCCASIONS BEFORE
THE HOUSE WAYS AND MEANS COMMITTEE ON THE IMPORTANCE OF PROVIDING TAX
INCENTIVES FOR THE RECYCLING OF POSTCONSUMER GRADES OF WASTE PAPER. THE
PAPER INDUSTRY ENDORSES THE CONCEPT OF THOSE PRINCIPLES EMBODIED IN H.R.
9467, INTRODUCED BY CONGRESSMAN JAMES A. BURKE. OF MASSACHUSETTS,WHICH
WOULD PROVIDE A $10 PER TON TAX CREDIT FOR EACH TON OF POSTCONSUMER
WASTE PAPER USED TO MANUFACTURE NEW PULP. PAPER, OR PAPERBOARD. WHILE
THIS TYPE OF TAX PROVISIONS IS NOT INCLUDED IN THE BILLS WE ARE
DISCUSSING TODAY, WE WOULD HOPE THIS COMMITTEE WOULD ENDORSE THIS
INCENTIVE CONCEPT AS A MEANS OF INCREASING RESOURCE RECOVERY OF THE
PPAER FRACTION OF SOLID WASTE.
THE MIDWEST STUDY MAEKS THIS IMPORTANT POINT AND I QUOTE:
THE ACHIEVE A HIGHER RATE OF WASTE PAPER RECOVERY, MORE EXTENSIVE AND
SOPHISTICATED RECOVERY PROGRAMS WILL BE REQUIRD. MOST RECOVERY OF WASTE
PAPER MUST TAKE PLACE VIA SOURCE SEPARATION AND SPARATE COLLECTION.
THE WOLID WASTE COUNCIL IS PLEASEDTO HAVE THE OPPORTUNITY TO SUPPORT
SENATE BILL 3560 ALMOST IN ITS ENTIRETY. WE WOULD, HOWEVER, REOCMMEND
TWO SMALL, BUT IMPORTANT,CHANGES IN THE WORDI'G OF THIS ACT.
FIRST, IN SECTION 218(A)(2) THE BILL STATES THAT MANUFACTURES OF
PRIMARY MATERIALS SHALL GUARANTEE PURCHASE OF RECOVERED RESOURCES FROM
CONTAINERS RECOVERED FROM RESOURCE SYSTEMS CONSTRUCTED UNDER THEA CT.
MOREOVER, SUCH GUARANTEE "SHALL BE FOR THE PURCHASEAT PREVAILING MARKET
VALUE OF RECOVERED RESOURCES." OUR INDUSTRY DOES NOT BELIEVE THAT
GOVERNMENT SHOULD LEGISLATE PRICE IN ANY WAY. PRICE, WEMAINTAIN SHOULD
BENEGOTIATED BETWEEN THE SELLER AND THE BUYER.
MOREOVER, WHO IS TO DETERMINE WHAT IS "PREVAILING MARKET VALUE?"
WOULD IT BE SOME ORGAN OF THE INDUSTRY OR SOME AGENCY OF GOVERNMENT?
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 020 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106835
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
CONSIDERING THE FLUCTUATIONS OF THE MARKET BOTH REGIONALLY AND AS TO
GRADES OF PAPER STOCK, WE QUESTION WHETHER THIS REQUIREMENT COULD BE
FAIRLY ADMINISTERED.
WE STRONGLY RECOMMEND, THEREFORE, THAT THELANGUAGE OF SECTION218 BE
AMENDED TO READ: "AT FAIR VALUE AS DETERMINED BETWEEN BUYER AND
SELLER".
SECOND, IN ORDER TO INSURE THE NATIONWIDE DEVELOPMENT OF MUNICIPAL
PROGRAMS TO REMOVE WASTE PAPER FROM THE SOLID WASTE STREAM BEFORE IT IS
CONTAMINATED BY CONTACT WITH OTHER REFUSE, WE WOULD RECOMMEND THAT
SECTIN 214(A)(1) BE REWORDED TO READ AS FOLLOWS:
THE PLANNING AND IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS,
INCLUDING SEPARATION AND COLLECTION SYSTEMS TO RECLAIM OLD NEWSPAPERS,
USED CORRUGLATED BOXES AND MIXED OFFICE PAPER WASTES BEFORE THEY ARE
CONTAMINATED BY OTHER REFUSE, AND INCLUDING SYSTEMS INTENDED TO RECOVER
SIGNIFICANT AMOUNTS OF ENERGY FROM MUNICIPAL SOLID WASTE.
WITH THESE TWO CHANGES THE SOLID WASTE COUNCIL FULLY ENDORSES THE
RANDOLPHBILL. WE BELIEVE THIS LEGISLATION ADDRESSES ITSELF TO THE NEW
AND MOREDEMANDING LIFESTYLE WHICH WE HAVE SEEN DEVELOPING IN RECENT
MONTHS.
OUR COUNTRY, IS FACED WITH SHORTAGES OF ALL KINDS OF MATERIALS. IN
OUR INDUSTRY. FOR EXAMPLE, SINCE EARLY 1973, THERE HAS BEEN A WORLDWIDE
FIBER SHORTAGE. ALTHOUGH THE BULK OF PULP SOLID IN THE MARKETPLCE IS
MOVING AT MORE THAN DOUBLE THE PRICES OF 15 MONTHS AGO -- ABOUT $155 A
TONE AT THAT -- SOME TONNAGE IS REPORTED AS MOVING TO EUROPE AT PROCES
AS HIGH AS $900 TO $1,000 A TON.
THE AMERICAN APER INSTITUTE, THROUGH ITS PAPER STOCK CONSERVATION
COMMITTEE -- HAS BEEN OWRKING HARD TO HELP INCREASE THE SUPPLY OF WASTE
PAPER TO RECYCLING MILLS. IN 1974, THE COMMITTEE WILL SPEND OVER
$300,000 TO ADVERTISE FOR NEW SOURCES OF WASTE PAPER -- PARTICULARLY OLD
NEWSPPAERS, USED CORRUGATED B OXIS AND MIXED OFFICE PAPER WASTES. THE
PAPER INDUSTRY HAS ALSO BEEN WORKING WITH GOVERNMENT OFFICIALS AT THE
FEDERAL,STATE, AND LOCAL LEVLES TO ENCOURAGE MUNICIPAL COLLECTION OF OLD
NEWSPAPERS.
IN 1968,THE PAPER STICK CONSERVATION COMMITTEE PIONEERED WITH THE
OFFICIALS OF THE CITY OF MADISON, WIS., TO DEVELOP THE FIRST MUNICIPAL
COLLECTION SYSTEM. TODAY, OVER 130 CITIES HAV SOME SORT OF PROGRAM OF
MUNICIPALCOLLECTION FOR OLD NEWSPAPERS PATTERNED AFTER THE SUCCESSFUL
PROGRAM IN MADISON.
THERE IS NT TIME AVAILABLE TO REVIEW IN DETAIL THE THREE OTHER BILLS
BEFORE THIS PANEL. I WOULD,HOWEVE,RLIKE TO COMMENT THAT OUR INDUSTRY
STRONGLY OPPOES LEGISLATION SUCH AS S. 3549, WHICH WOULD ATTEMPT TO
ALLEVIATE THE SOLID WASTE PROBLEM BY IMPOSING ARBITRARY PRODUCT
STANDARDS WHICH WOULD LIMIT USE OF CERTAIN MATERIALS AND WOULD PRESCRIBE
CERTAIN METHODS OF DISTRIBUTION.
WITH OUR NATION FACING THE PROSPECT OF MATERIALS SHORTAGES AND WITH
OUR ENERGY NEEDS A MATTER OF ANTIONAL CONCERN, WE FEEL THAT -- RATHER
THAN LEGISLATE UNPRODUCTIVE DISINCENTIVES WITH THEIR NEGATIVE ECONOMIC
IMPACTON OUR COUNTRY'S MARKETINGAND DISTRIBUTION SYSTEMS -- THE CONGRESS
WILL BE ON THE RIGHT TRACK WITH POSITIVE LEGISLATION SUCH AS S. 3560
WHICH ADOPTS THE CONSTRUCTIVE APPROACH OF ESTABLISHING A NATIONWIDE
RESOURCE RECOVERY SYSTEM.
THANK YOU.
SENATOR DOMENICI. WE WILL PROCEED WITH THE NEXT WITNESS, DR. ROBERT
TESTIN.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 021 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106836
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
DR. TESTIN. THANK YOU, SENATOR.
MY NAME IS ROBERT F. TESTIN. I AM DIRECTOR OF ENVIRONMENTAL PLANNING
FOR REYNOLDS METALS CO., INRICHMOND, VA. MY CURRENT RESPONSIBILITIES
INCLUDE DIRECTION OF THE COMPANY'S SOLID WASTE MANAGEMENT ACTIVITIES. I
AM REPRESENTING THE ALUMINUM INDUSTRY HERE TODAY, AS WELL AS MY OWN
COMPANY.
WE BELIVE THAT THE CONCEPT OF RESOURCERECOVERY HOLDS THE KEY NOT ONLY
TO SOLVING OUR SOLID WASTE PROBLEMS,BUT TO VASTLY EXTENDING THE
RESOURCES AVAILABLE WITHIN THEUNITED STATS.
THEREFORE, WE SUPPORT EFFORTS BY THE FEDERAL GOVERNMENT
-TO PROVIDE ECONOMIC AND MARKET INCENTIVES TOFACILITATE THE
MOVE FROM A DISPOSAL ORIENTED SOCIETY TO A RESOURCE RECOVERY
ENVIRONMENT.
WE AREENCOURAGE BY THE SUBSTANTIAL PROGRESS THAT HAS BEEN MADE, IN
LARGE PART BY THE PRIVATE SECTOR, TOWARD RESOURCE RECOVERY IN THE 9
SHORT YEARS SINCE THE PASSING OF THE SOLID WASTE DISPOSAL ACT OF 1965,
WHICH FIRST RECOGNIZED THE SOLID WASTE AS A NATIONAL PROBLEM .
THE NEW SYSTEMS GOING IN,THAT ARE ORIENTED TOWARD RESOURCE RECOVERY,
ARE STILL, UNFORTUNATELY, THE EXCEPTIN RATHER THAN THE RULE IN DEALING
WITH SOLID WASTE IN MOST COMMUNITIES AROUND THE NATION.
STRONGFEDERAL LEADERSHIP TO INSURE THATTHE EMERGENCY RESOURCE
RECOVERY TECHNOLOGY IS COORDINATED AND DOES NOT DEVELOP IN A HAPHAZARD
MANNER,COUPLE DWITH FINANCIAL INCENTIVES FOR STATES AND LOCAL
COMMUNITIES TO MOVE TOWARD RESOURCE RECOVERY, IS SORELY NEEDED. SENATE
BILL 3560 WILL,WE BELIEVE,PROVIDE THE SORT OF DYNAMIC FEDERAL ROLE IN
SOLID WASTE MANAGEMENT THAT HAS BEEN LACKING OVERTHEPAST FEW YEARS.
AS BOTH A CONSUMER OF RAW MATERIALS AND AS A PRODUCER OF PRODUCTS
THAT MUST ULTIMATELY END UP IN THESOLID WASTE STREAM, WE SEE BOTH
OBLIGATIONS AND OPPORTUNITIES FOR OUR INDUSTRY IN THE EMERGING
TECHNOLOGY OF RESOURCE RECOVERY.
FIRST, WE BELIEVE WE HAVE AN OBLATIONTO ASSIST IN SOLVING THE SOLID
WASTE PROBLEM, AT LEAST INSOFAR AS OUR PRODUCTS ARE CONCERNED. WE
BELIEVE THAT WE CAN ASSIST HERE BY BRINGING NEW SOLUTIONS AND NEW
TECHNOLOGY TO THE PROBLEMAND, PERHAPS EVEN MRE IMPORTANTLY PROVIDE
MARKETS FOR THE FINISHED PRODUCT.
THE LAUMINUM INDUSTRY, AS I AM SURE YOU AR AWARE, HAS TAKEN A
LEADERSHIP ROLE IN THE RECOVERY AND RECYCLING OF ITS CONSUMERORIENTED
PRODUCTS. WE HAVEDEVELOPED PROGRAMS WHERE THE ALUMINUM BEVERAGE CAN,AND
IN MANY INSTANCES OTHER ALUMINUM HOUSEHOLD SCRAP AS WELL, CAN BE REDEEMD
IN CASH IN NUMEROUS LOCATIONS AROUND THE COUNTRY.
THIS PROGRAM,UNTIL RECENTLY, PAID THE PUBLIC 10 CENTS A POUND FOR
USED ALUMINUM BEVERAGE CANS BROUGHT TO A COLLECTION POINT. MORE
RECENTLY THIS PRICE HAS BEEN INCREASED TO 15 CENTS A POUND REFLECTING
THE HIGHER VALUE OF ALUMINUM SCRAP.
FROM ITS MODEST BEGINNINGS ASA PILOT OPERATION IN MIAMI, FLA.,IN
1967, THIS PROGRAM HAS GROWN TO THE POINT WHERE THERE ARE NOW ABOUT
1,200 COLLECTION POINTS IN 45 OF THE 48 CONTIGUOUS STATES WHERE ALUMINUM
CAN BE REDEEMED FOR CASH.
REYNOLDS METALS CO. REDEEMD 1.1 BILLION ALL-ALUMINUM CANS IN 1973 AND
THE ALUMINUM INDUSTRY FIGURES ARE APPROXIMATELY 1.6 BILLION.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 022 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106837
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
FOR THIS MATERIAL, WE AS AN INDUSTRY, PAID OUT OVER $6.8 MILLION TO
THE COLLECTORS OF ALUMINUM CANS -- $6.8 MILLION OF NEW MONEY, NOT
DEPOSIT MONEY OR MONEY TAKENFROM THE PUBLIC TAXES.
THUS, THIS PROGRAM IS DIVERTING MATERIAL FROM THE SOLID WASTE STREAM
-- MATERIAL THAT CANNOT BECOME EITHER SOLID WASTE OR LITTER -- AND
TURNING IT FORM A COMMUNITY LIABILITY TO A PUBLIC ASSET.
SENATOR DOMENICI. COULD I STOP YOU FOR A MOMENT? YOU, IN THAT
PARAGRAPH, STATE THAT THE TOTAL ALUMINUM INDUSTRY ESTAIMTES TAHT THEY
HAVE GATHERED UP, APPROXIMATELY 1.6 BILLION CANS OF WHICH YOUR REYNOLDS
WAS 1.1? DR. TESTIN. YES, SIR. SENATOR DOMENICI. DO YOU HAVEA
FIGUREON HOW MUCH ALUMINUM CANS WERE PRODUCED OR BROUGHT INTO THE
MARKETPLACE?
DR. TESTIN. I CAN GIVE YOU A PERCENTAGE.
SENATOR DOMENICI. WHAT PERCENTAGES WERE RECLAIMED UNDER THIS
PROGRAM?
DR. TESTIN. UNDER THIS PROGRAM FOR REYNOLDS METALS CO, WE RECLAIMED
25 PERCENT OF THE CANS WE PRODUCED, WE BROUGHT BACK. FOR TH EINDUSTRY
AS A WHOLE ALL ALUMINUM CANS PRODUCED IN THE UNITED STATES THE NUMBERIS
SOMEWHERE BETWEEN 15 AND 16 PERCENT.
SENATOR DOMENCICI. THANK YOU.
DR.TESTIN. IN ADDITION TO THE POSITIVE IMPACT ON LITTER AND SOLID
WASTE, THE PROGRAM IS A SIGNIFIANT SOURCE OF NEW METAL FOR OUR INDUSTRY,
BRINGING BACK NEARLY 70 MILLION POUNDS OF ALUMINUM CAN SCRAP IN 1973.
AN ADDITIONAL PLUS OF MAJOR IMPORTANCE IS THE ENERGY SAVED THROUGH
ALUMINUM RECYCLING. EACH TIME ALUMINUM IS RECYCLED WE SAVE 95 PERCENT
OF THE ENERGY THAT WOULD BE NEEDED TO MAKE PRIMARY METAL,AND ALUMINUM
CAN BE RECYCLED OVERAND OVER AGAIN.
WE EXPECT TO SEE DRAMATIC INCREASES IN THIS CONSUMER-ORIENTED
RECYCLINGPROGRAM -- WHERE ALUMINUM IS BOURGHT IN FOR CASH BY THE GENERAL
PUBLIC.
IN A PARALLEL DEVELOPMENT,WE HAVE BEEN WORKING ON THE EXTRACTION OF
ALUMINUM FROM SOLID WASTE OR MIXED MUNICIPAL REFUSE AS WELL AS FROM
OTHER ALUMINUM-BEARING WASTE SUCH AS AUTO SHREDDER RESIDUES.
SEVERAL PROMISING SYSTEMS HAVE BEEN DEVELOPED FOR THE EXTRACTION OF
ALUMINUM FROM THESE MIXED WASTES AND WILL BE GOING IN AS PART OF THE
OVERALL RESOURCE RECOVERY OPERATIONS NOW BEING BUILT IN VARIOUS PARTS OF
THE COUNTRY.
SO,ALUMINUM THAT IS MISSED IN CONSUMER-OREINTED PROGRMS OR TRADITIOAL
SCRAP-HANDLING PROCEDURS WILL END UP IN THE SOLID WASTE STREAMAND CAN
THEN BE RECYCLED THROUGH THESE NEW SYSTEMS.
THESE TWO PROGRAMS -- CONSUMER-ORIENTED RECYCLING ADN SOLID WASTE
PROCESSING, OR LITERALLY MINING THE GARBAGE HEAPS OF THE NATION --
COMPLEMENT ONE ANOTHER, WE BELIEVE, AND WILL HELP US ACHIVE OUR GOAL,
WHICH IS THE TOTAL RECYCLING OF ALLUSED ALUMINUM CONSUMER PRODUTS.
IN ADDITION TO THE DEVELOPMENT OF POSTIVE PROGRAMS AND TECHNOLOGIES
TOFACILITATE THE RECOVERY OF ALUMINUM, WE ALOS HAVE AN OBLIGATION TO
PROVIDE MARKETS FOR THE RECOVERED MATERIALS. 4RESOURCE RECOVERY SYSTEMS
WILLNOT COME INTO BEING SIMPLY BECAUSE PEOPLE THINK RESOURCE RECOVERY IS
A GOOD IDEA. IN ORDER TO PROVIDE A PRACTICAL SOLUTION,RESOURCE RECOVERY
SYSTEMS MUST COMPLETE WITH THE LOWEST COST DISPOSAL ALTERNATIVES.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 023 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106838
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THUS, THE SALE OF RECOVERED MATERIALS FROM RESOURCE RECOVERY
OPERATIONS BECOMESOF PARAMOUNT IMPORTANCE; AND IT BECOMES NECESSARY TO
INSURE MARKETS FOR THE RECOVERE MATERIALS IN ORDER TO MAKE THE RESOURCE
RECOVERY SYSTEM FINANCIALLY ATTRACTIVE.
REYNOLDSMETALS CO. HAS BEEN WORKING WITH COMPANIES AND MUNICIPALITIES
PROVIDING TECHNICAL ASSISTANCE AND DEVELOPING SPECIFICATIONS FOR
ALUMINUM RECOVERED FROMREFUSE.
WE ALSOARE MAKING,TODAY, COMMITMENTS FOR THE PURCHASE OF RECOVERED
ALUMINUM WHICH WILL PROVIDE THESE RESOURCES RECOVERY SYSTEMS WITH A
READY MARKET FOR THEIR SCRAP. THE OTHER MAJOR ALUMINUM COMPANIES ARE
ALSO PROVIDING MARKETS FOR THIS MATERIALS.
CONSEQUENTLY, W WOULD BE WILLING TO COOPERATIVE WITH THE PROVISIONS
OF SENATE BILL 3277 AND SENATEBILL 3549. WE ARE, HOWEVER, EXTREMELY
CONCERNED ABOUT THE SECTIONS OF THOSE BILLS PROVIDING FOR FEDERAL
REGULATION OF PACKAGING MATERIALS BASED UPON SOLID WASTE OR OTHER
ENVIRONMENTALCONSIDERATIONS.
THE PACKAGING INDUSTRY, AS YOU GENTLEMENKNOW, IS AN EXTREMELY COMPLEX
BUSINESS THAT HAS CONTRIBUTED SUBSTANTIALLY TO THE STANDARD OF LIVING WE
HAVE IN THIS COUNTRY TODAY. WE BELIEVE THAT ENVIRONMENTAL
CONSIDERATIONSSHOULDBE AND MORE AND MORE TODAY ARE BEING TAKENINTO
ACCOUNT IN DESIGINING PACKAGES, ALONE WITH TRADITIONAL PACKAGE
DESIGNCONSIDERATIONS OF COST, PRODUCT PROTECTION,AND SALES A-PEAL.
HOWEVE, WE BELIEVE THAT THE PACKAGING INDUSTRY CAN BEST SERVE THIS
NATION, AS IT HAS DONE IN THE PST,IN A FREE MARKET ENVIRONMENT,ENABLING
THE PRODUCER TO SELECT THE PACKAGE THAT, ALL THINGS CONSIDREED, BEST
CONVEYS HIS PRODUCT TO MARKET.
SWEEPING POWERS TO REGULATE PACKAGING SUCH AS SUGGESTED IN SECTION
111 OF SENATE BILL 3549,FOR EXAMPLE, WOULD, WE BELIEVE, BE
COUNTERPRODUCTIVE FROM EVERY CONSIDERATION-- TECHNICALLY, SOCIALLY,
ECONOMICALLY, ANDENVIRONMENTALLY. THE CONSEQUENCES OF A SWEEPING
ADMINISTRATIVE POWER TO REGULATE PACKAGING ARE POTENTIALLY SERIOUS FOR
LABOR CONSUMERS, AND BUSINESS.
OUR RESPECT OFR THE FAIRNESS OF CONGRESSIN BALANCING CONFLICTING
INTEREST IS SUCH THAT WE WOULD PREFER THAT CONGRESS NOT DELEGATE SUCH
AUTHORITY TO AN ADMINISTRATIVE AGENCY.
WE BELIEVE THAT THE ANSWER LIES, NOT IN ATTEMPTING BY REGULATION TO
DICTATE THE LIMITS OF OR TO "FREEZE" PRODUCTS AND PACKAGE DEVELOPMENT,
BUT INSTEAD, IN IMAGINATIVE NEWSOLUTIONS TO THE PROBLEM.
RESOURCE RECOVERY IS SUCH A NEW SOLUTION -- A SOLUTION THAT THE
ALUMINUM INDUSTRY HAS BEEN PROUD TO PARTICIPATE IN PIONERING. THIS
SOLUTION WILL GREATLY ALLEVIATE THE PROBLEM OF SOLID WASTE
DISPOSAL,WHILE PROVIDING SUBSTANTIAL SECONSARY BENEFITS SUCH AS
INCREASED RESOURC ES, ENERGY, AND REVENUES TO THE NATION.
GENTLEMEN, THIS CONCLUDES MY PREPARED REMARKS. THANK YOU YOU THE
OPPORTUNITY TO APPEAR BEFORE YOU R COMMITTEE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 024 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106839
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR DOMENICI. DR. TESTIN, WE ARE GOING TO PROCEED TO THE NEXT
WITNESS, BUT IDID HAVE ONE QUESTION THAT MIGHT BE A QUESTION OF
SEMANTICS. YOU STATED "CONSEQUENTLY, WE WOULD BE WILLING TO COOPERATE
WITH THE PROVISIONS." AND THE OTHER WITNESSES HAVE USED THE WORD THEY
SUPPORT THE PROVISIONS.
DR. TESTING. SEMANTICS, SENATOR, WE SUPPORT IT.
SENATOR DOMENICI. OUR NEXT WITNESS IS MR. EBON C. JONES, EXECUTIVE
VICE PRESIDENT AND GENERAL MANAGERE OF THE PACKAGING GROUP,
OWNES-ILLINOIS, INC., FROM TOLEDO, OHIO.
MR. JONES. THANK YOU, MR. SENATOR.
MY NAME IS EBON JONES, I AM EXECUTIVE VICE PRESIDENT AND GENERAL
MANGER OF THE PACKAGING GROUP OF OWEN-ILLINOIS WE ARE ONE OF THE WORLD'S
LARGEST PACKAGING SUPPLIERS PRODUCING GLASS CONTAINERS, PLASTIC
BOTTLES,CLOSURES, CORRUGATED SHIPPING CONTAINERS,AND METAL AND FIBER
CANS.
FOR ME IT IS A PLEASURE TO APPEAR BEFORE YOU THIS MORNING,
REPRESENTINGMY COMPNAY AS WELL AS OTHER MEMBERSOF THE GLASS CONTAINER
MANUFACURERS INSTITUTE.
A AM ACCOMPANIES BY WILLIAM SADD, PRESIDENT OF THE GLASS CONTAINER
MANUFACTURERS INSTITUTE, WHICH IS THE TRADE ASSOCIATION FOR 24 COMPANIES
ENGAGED IN THE MANUFACTURE OF GLASS CONTAINERS FOR FOODS, BEVERAGES,
CHEMICALS,COSMETICS, AND MEDICINES.
THE GLASS CONTAINER INDUSRY COMPRISES SOME 120 PLANTS DOMESTICALLY,
WHICH PROVID EEMPLOYMENT IN 28 STATES FOR OVER 70,000 GLASS-WORKERS AND
REPRESENTS SALES OF $2.5 BILLION ANNUALLY.
WE APPRECIATE THE OPPORTUNITY TO EXPRESS BOTH OUR INTEREST AND OUR
CONCERN ABOUT THESE SERIOUS ENVIRONMENAL MATTERS. THE GLASSCONTAINER
INDUSTRY HAS LONG BEEN AWARE OF THE SOLID WASTE DILEMMA FACINGTHIS
COUNTRY . INDEED, WE HAVE BEEN CALLING IT TO THE ATTENTION OF OUR
FELLOW CITIZENS FOR A NUMBER OF YEARS THROUGH ALL METHODS OF
COMMUNICATION AND THROUGH TESTIMONY BEFORE LEGISLATIVE BODIES.
WE SUPPORT THE CONCEPT OF RESOURCE RECOVERY AS THE MOST SENSIBLE,
ECONOMICAL, AND WORKABLE APPROACH TO SOLVING THE PROGLEM AND HAVE
ADVOCATED THE TOTAL SYTEMS APPROACH AT THE REGIONAL LEVEL.
TO UNDERLINE OUR DOMMITMENT,I ESTIMATE THAT OUR INDUSTRY HAS ENTERED
INTO WELL OVER 100 AGREEMENTS TO PURCAHSE THE GLASS COMPONENT FROM
RESOURCE RECOVERY FACILITES. AS YOU KNOW, TECHNICALLY,THE GLASS
CONTAINERINDUSTRY CAN UTILIZE AN ALMOST UNLIMITED PERCENTAGE OF
RECLAIMED GLASS IN THE BATC MATERIAL FROM WHICH BOTTLES AREMADE,
PROVIDED THE RECLAIMED GLASS IS OF GOOD QUALITY.
PRACICALLY, IT IS A MATTER OF ECONMICS. RECLAIMED GLASS OR CULLET
MUST BE PRICED COMPETITIVELY ON A DELIVEREDBASIS WITH VIRGINRAW
MATERIALS.
THUS,WE FEEL WE CANBE OF SOME HELP TO YOU AS YOU CONSIDER THIS MATTER
SINCE WE SPEAK FROM A BASE OF LONGSTANDING INTEREST EXPERIENCE, AND
SUBSTANTIAL FINANCIAL INVOLVEMENT.
MORESPECIFCALLY, BECAUSE OF TIME LIMITATION,MY COMMENTS TODAY WILL
ADDRESS S. 3560, THE SOLID WASTE UTILIATION ACT OF 1974.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 025 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106840
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
WE SUPPORT THE PROVISIONS OF S. 3560, WHICH CALL FOR THE
ESTABLISHMENT OF SOLID WASTE DISPOSAL STANDARDS BUT, MOST IMPORTANTLY,
THOSE PROVISIONS WHICH ENCOURGE THE RECOVERY OF MATERIALS ANDENERGY FROM
SOLID WASTE BY THE APPROPRIATION OF FUNDS FOR PLANNING,TECHNICAL
ASSISTANCE,AND CONSTRUCTION OF REGIONAL RESOURCE RECOVERY SYSTES.
WHILE WE SUPPORT THESE PROVISIONS OF THE BILL WE HAVE DIFFICULTY WITH
TWO SECTION FROM BOTH A PRACTICAL AS WELL AS A PHILOSOPHICAL STANDPOINT.
SECTION 217 LAUTHORIZES ANY FEDERALGEANCY TO PURCHASE PRODUCTS AT A
PRICE UP TO 125 PERCNET OF THE CURRENT MARKET PRICE FOR AN EQUIVALENT
PRODUCT PROVIDED THAT IT CONTAINS A SUBSTANTIAL PORTION OF RECOVERED
RESOURCES.
GOVERNMENT PROCUREMENT MUST BE BASEDN SOUND COST CONTROL AND
COMPETITIVE BIDDING IF IT IS TO TRULY GIVE THE AMERIOCANPEOPLE FULL
VALUE RECIEVD FOR THEIR TAX DOLLAR. AT THE SAME TIME,NO GOVERNMENT
LEGISLATIVEACTION SHOULD BE TAKENTHAT WILL UPSET THEDELICATE BLANCE THAT
EXISTS IN THEFREE ENTERPRISE SYSTEM.
WE DO AGREE THAT THE FEDERAL GOVERNMENT'S PURCHASING POWER CAN AND
SHOULD SPUR THEDEVELOPMENT OF MARKETSFOR RECOVERED RESOURCES, BUT
SUGGSET BUYING AT COMPETITIVE PRICES AND NOT AT A 25-PERCENT PRICE
SUBSIDY.
THIS IS PARTICULARY TRUE SINCE A SUBSTANTIA L AMOUNT OF THEFUNDING OF
THE RESOURCERECOVERY SYSTEM MAY HAVEALREADY BEEN PAID AT TAXPAYERS'S
EXPENSE AS PROVIDEDIN OTHER SECTIONS OF THIS ACT.
TO SUMMARIZE, FEDERAL PROCUMRENET POLICY SHOULD FAVOR PRODUCTS WHICH
CONTAINRECOVERED RESOURCES BUT NOT AT A PRICE PREMIUM. IF THE ECONOMICS
OF THE MARKETPLACE INDICATE THAT A PRODUCT SHOULD BE MADE OF RECYCLED
MATERIALS IT WILL BE. IF NOT IT SHOULD BE MADE OF VIRGINMATERIALS.
SEFTION 218 IS THE OTHER PORTION OF THE BILL WITH WHICH WE HAVE
DIFFICULTY.
SENATOR DOMENICI. WITH REFERENCE TO GLASS, ASSUMING THE ECONOMICS
WERE RIGHT, ITHERE A USE? COULD WE RECAPTURE ALL OF THE GLAS S AND GET
IT TO YOU PEOPLE, IS IT USABLE?
MR. JONES. YES, INDEED. IF IT IS PROPER QUALITY, WE CAN USE IT AND
MAKE NEW BOTTLES OUT OF IT ON A 100-PERCENT BASIS, IF NECESSARY.
SENATOR DOMENICI. SO THE PROBLEM NOW IS HOW WE GATHER UP AND GET IT
WHERE IT CO-LD BE USED AT AN ECONMICALLY SOUND RATE. IS THAT RIGHT?
MR. JONES. YES, AND OF SATISFACTORY QUALITY.
SENATOR DOMENICI. THERE IS THEDIFFICULTY OF ASSORTING AND SELECTING?
MR. JONES. THER EIS SOME DIFFICULTY. A GREAT DEAL OF TECHNOLOGY IS
GOING ON IN THE AREA, BUT THERE STILL IS SOME DIFFICULTY.
IN ORDER TO ACCELERATE THE DEVELOPMENT OF RESOURCE RECOVERY SYSTEMS,
WE ACCEPT THE CONCEPT OF "GUARANTEES" OF A LIMITED DURATION TO PURCHASE
MATERIALS RECOVERED FROM SUCH SYSTEMS FUHDED UNDER THIS ACT.
WE BELIEVE, HOWVER, THATTHEBILL SHOULD BE REVISED TO PROVDE THAT
WHERE THEREIS NO PREVAILING MARKET PRICE, SUCH AS IN THE CASE OF WASTE
GLASS, THE PRICE GUARANTEE WOULD BE SATISIFED IF THEBUY ER OFFERED UP TO
THE PREVAILING MARKET PRICE FOR VIRGIN RAW MATERIALS ON EQUAL DELIVERY
TERMS.
AS I HAVE MENTIONED, OUR INDUSTRY HAS ALREADY ENETERED
INTO CONTRACTS FOR THE PURCHASE OF RECLAIMED GLASS FROM EITHEF
PROPOSED OR OPERATING RESOURCE RECOVERY SYSTEMS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 026 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106841
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THESE CONTRACTS, WHICH INCLUDE QUALITY SPECIFICATIONS, PRICE, METHOD
OF DELIVERY AND OTHER TERMS, WERE NEGOTIATED DIRECTY BETWEEN THE BUYER
AND THE SELLER WITHOUT THE INTERVENTION OF A FEDERALADMINISTRATOR.
ADDRESSING THE PREEMPTION SECTION OF THE BILL, SECTION 218(B), WE
STRONGLY BELIEVE THE PRESENT LANGUAGE MSUT BE BROADENED, IF WE ARE TO
AVOID THE INEQUITIES OF PIECEMEAL AND INCOSNSITENT LEGILSATIONAT ALL
LEVELS OF GOVERNMENT.
FULL PREEMPTION IS NECESSARY TO DEVELOP RESOURCE RECOVERY SYSTEMS AND
INCRASED UTILIATION OF THE GLASS, METAL, PAPER, PLASTIC, AND OTHER
REFUSE MATERIALS OBTAINED FROM THESYSTEMS.
IT WOULD BE COUNTERPRODUCTIVE IF ATTEMPTS TO CURTAIL OUR OPERATIONS
WERE BEING MADE THE THE STATE AND LOCAL LEVEL, WHILE AT THE FEDERAL
LEVEL WE WERE GUARANTEEING TO PURCHASE RECOVERED RESOURCES AND
DEVELOPING METHODS TO EXPAND THE USE OF THE MATERIALS RECOVERED BY THE
SYSTEMS.
IN THE PREEMPTION CLAUSE, THE AUTHORS OF THIS BILL ALSO RECOGNIZED
THE ECONOMIC HARDSHIP THE RESOURCE RECOVERY SYSTMES WOULD FACE IF THE
RECOVERY OF SALABLE MATERIALS WERE RESTRICTED.
WHAT WE AS AN INDUSTRY, WORRY ABOUT IS THE EFFECT SUCH A LIMITED
PREEMPTION WOULD HAV EON OUR ABILITY TO FUNCTION AS A VIALBE PART OF THE
FREE ENTERPRISE SYSTEM IN ALL ITS COMPLEXITIES, INCLUDING COMPETITION
BETWEEN THE COMPANIES WITHIN OUR INDUSTRY AND COMPETING INDUSTRIES.
THE GLAS CONTAINER PRODUCERS ARE VITALLY CONCERNED WITH THE QUALITY
OF LIFE IN THIS COUNTRY. WE ALSO FEEL AN OBLIGATION TO MAKE KNOW THE
BELIEFS OF OUR INDUSTRY O- LEGISLATIONTHAT WILL A DIRCT EFFECT ON OUR
PEOPLE AND OUR BUSINESS.
AT THE TOP OF OUR LIST OF BELIEFS IS AN OVERRIDING FAITH IN OUR
COMPETITIVE MARKET SYSTEM WITHOUT WHICH THIS COUNTRY WOULD BE SEVERALY
CRIPPLED. WE BELIEVE THAT BECAUSE OF THIS SYTEM, OUR EMPLOYEES,
SUPPLIERS, CUSTOMERS, SHAREHOLDERS, AND THE CONSUMER ARE BEST SERVED.
THANK YOU AGAIN FOR THE OPPROTUNITY TO APPEAR HERE TODAY AND PRESENT
OR VIEWS ON THESE VERY IMPORTANT ENVIRONMENTAL ISSUES. WE BELIVE THAT
S. 3560 CAN LEAD TO A SOLUTION WHCH CONSTRUCTIVELY BALANCES OUR NEED FOR
A SOUND ECONOMY AND A BETTER ENVIRONMENT.
WE ARE PARTICULARLY PLEASED THAT THE BILL DOES NOT ICLUDE THE
NEGATIVE CONCEPT OF "SOURCE REDUCTION" WHICH WOULD RESULT IN REDUCING
EMPLOYMENT AND ECONOMIC STABILITY, AND WILL NOT SOLVE THE COUNTRY'S
SOLID WASTE PROBLEMS.
WE COMPLIMENT YOU FOR INTRODUCING THEBILL AND WANT TO WORK WITH YOU
AND THE COMMITTEE STAFF FOR ITS IMPROVEMENT AND ULTIMTE PASSAGE. WE
WILL BE PLEASED TO CLARIFY OR PROVIDE ADDITIONAL INFORMATIONTO
SUPPLEMENT THESE REMARKS.
SENATOR DOMENICI. THANK YOU VERY MUCH.
SENATOR STAFFORD?
SENATOR STAFFORD. THANKYOU. MR. CHAIRMAN.
I AM GOING TO ADDRESS MY FIRST QUESTION TO MR. JONES. MR. JONES,
WHAT PRECENT OF THE GLASS CONTAINER BOTTLED THAT YOUR INDUSTRY PRODUCES
ARE DISPOSABLE AND WHAT ARE REUSABLE?
MR. JONES. I AM NOT SURE I HAVE THE COMPLETESTATISTICS. I BELIVE
BROAD;Y ABOUT 95 PERCENT. WHEN YOU CONSIDER DISPOSABLE, THIS IS
EVERYTHINGEXCEPT THE RETURNABLE BOTTLES FOR SOFT DRINKS AND BEER.
EVERYTHING ELSE IS DISPOSABLE. THAT IS A VERY MINOR PERCENTAGE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 027 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106842
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR STAFFORD. THE BOTTLES USEDIN BEER OR SOFT DRINKS ARE A LARGE
PROPORTION OF THE TOTALBOTTLES MADE IN THIS COUNTRY?
MR. JONES. YES, SIR. ABOUT HALF.
SENATOR STAFFORD. HOW MANY TIMES CAN A RETURNABLE BOTTLE BE REUSED?
MR. JOESN. THE RETURNABLE BOTTLE ITSELF WILL STAND MANY MANY TRIPS.
IN MAY YEARS PAST THE "TRIPPAGE" WAS UP IN THE 40 AND 50 AREA INSOME
PARTS OF THE COUNTRY, I THINKTHE PRACTICAL ANSWER IS HOW OFTEN WOULD A
CONSUMER BRING THEM BACK FOR REFILL AND REUSE?
THIS AGAIN VARIES BY AREA OF THE COUNTRY. IS COME OF THE LAREGE
METROPOLITAN AREAS WE UNDERSTAND FROM OUR "CUSTOMERS" THE BREWERS AND
SOFT DRINK BOTTLERS, THAT THE "TRI-PAGE" IS IN THE 3 TO 4 RANGE. IN
OTHER AREAS OF THE COUNTRY WE STILL BELIEVE IT IS IN THE 19 TO PERHAPS
25 AREAS.
SENATOR STAFFROD. BEFORE THE DISPOSAL BOTTLSE,ALUMINUM CONTAINERS
FOR BEVERAGES. I HAV A HAZY RECOLLECTION THATTHE RETURNABLE BOTTLE GOT
RECYCLED AROUND 12 TO 14 TIMES. THAT WAS MAYBE 20 TO 25 YEARS AGO.
WOULD THAT SOUND UNREASONABLE TOYOU?
MR. JONES. NO. THATSOUND EVEN REASONBLE TODAY ON A NATIONAL AVERAGE,
ALTHOUGH STATISTICS IN "TRIPPAGE" ARE VERY DIFFICULT TO GET.
SENATOR STEAFFORD. I SUPOOSE THEPOINT I AM DRIVING AT IS THAT WHEN
RETURNABLE BOTTLES ARE USED, RESOURCES ARE SAVED AT THE BIRGIN LEVEL OF
WHATEVERLEVE, AND LESS WASET IS CAUSED IN TERMS OF BULK WASET AS A
RESULT OF USING DIDSPOSAL CONTAINESR, EITHER GLASS OR ALUMINUM. AM I
RIGHT IN THAT?
MR. JONES. CERTAINLY, FROM A GLASS STANDPOINT THERE WOULD BE FEWER
UNITS PRODUCED IF WE WERE IN A REUTRNABLE SYSTEM, ASSUMING "TRIPPAGE" OF
FIVE, I THINKYOU WILL HAVE ON YOUR PANEL TOMORROW SOME USERS AND THEY
WILL BE ABLE TO SPEAK MORE OF THE TOTAL ECONOMICS OF THE SYSTEM.
I AM NOT AT ALL SURE THAT IT IS CORRECT THAT WE WOULD SAVE A GREAT
DEAL ON THE TOTAL ECONOMICS.
SENATOR STAFFORD. I WON'T GO INTO IT FUTHER. I A-PRECIATE YOUR
INFORMATION. WE HAD A BAN ON NONRETURNABLE BOTTLES IN MY STATE BACK IN
THE EARLY 1059'S THAT SEEMED TO WORK WELL,BUT AFTER 2 YEARS THE
LEGISLATION DECIDED TO PERMIT NONRETURNABLES. WE HAVEJUST GONE BACK TO
A BAN ON NONRETURNABLE VERY RECENTLY.
DR.TESTIN. YOU HAVE DISCUSSED THE INDUSTRY PROGRAM TO BUY BACK
ALUMINUM CANS. HOW MANY CANS WERE RETURNED THORUGH THIS PROGRAM IN
1973?
DR. TESTIN. ABOUT 1.6 BILLION.
SENATOR STAFFORD. I GUESS YOU TESTIFIED THAT WAS ABOUT 20 OR 25
PERCENT OF THE TOTAL PRODUCED BY YOUR INDUSTRY?
DR. TESTIN. YES.
SENATOR STAFFORD. AND ABOUT 16 PERCENT OF THE PRODUCTION OF THE
ENTIRE INDUSTRY?
DR. TESTING. OF THE ENTIRE INDUSTRY AND ABOUT 25 PERCENT OF
REYNOLDS.
SENATOR STAFFORD. HOW MUCH ENERGY DOES IT TAKE TO PRODUCE AN
ALUMINUM CAN? IF I ASK YOU QUESTIONS WHICH YOU WOULD RATHER SUPPLY FOR
THE REOCRD FEEL FREE.
DR.TESTING. YES. I WOULD RATHER SUPPLY IT FOR THE RECORD. I DO HAVE
A QUESTION IN RESONSE TO YOUR QUESTION. WHEN WE GET INTO THE ENERGY
AREA, IF I MAY JSUT A MOMENT, IT IS USUAL THAT WE SPEAK IN BTU'S FOR
BRITISH THERMAL UNITS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 028 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106843
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THAT IS TECHNICALLY THE AMOUNT OF HEAT REQUIRED TO RAISE A POUND OF
WATER TO ONE DEGREE FAHRENHEIT.
WE HAVE A PROBLEM WHEN WE ATTEMPT TO "BOTTOM LINE" BTU'S PARTICULARLY
IF WE TRIED TO MAKE COMPARISONS BECAUSE OUR BTU'S COME FROM DIFFERENT
SOURCES AND ARE USED IN DIFFERENT WAYS.
I HAD AN EXAMPLE ONE TIME THAT I USED WHEREBY YOU CAN CALCULATE THE
BTU'S THAT ARE EXPENDED IN YOUR WOODBURNING FIREPLACE AND THEN
MATHEMTAICALY YOU CAN CONVERT THIS TO GALLONS TO GASOLINE, BUT THE
IMPLICATION IF YOU DIDN'T BURN YOUR FIRE IN THE FIREPLACE, YOU COULD
DRIVE IN THE CAR IS RIDICULOUS BECAUSE THE CAR RUNS ON GASOLINE AND NOT
WOOD.
THE SAME SORT OF THING OCCURS WHEN WE BEGIN TO MAKING ENERGY
COMPARISONS WITH CONTAINERSYSTEMS. IF YOU LOOK AT A BOTTOM LINE FIGURE,
IT COULD BE QUITE DECEPTIVE, IN POINT OF FACT, IF WE LOOKAT CERTAIN
SEGMENTS OF THE ENERGY AREA. TRANSPORTATION FOR EXAMPLE, THE ALUMINUM
CAN CAN DELIVER BEVERAGES OR HALF THE GALLONS OF GASOLINE PER UNIT OF
BEVERAGE THAT AREFILLABLE SYSTEM CAN.
THAT KIND OF NUMBER WR THINK IS SIGNIFICANT IN ADDITION TO THE
BOTTOMLINE FIGURE. I CAN PROVIDE YOU SOME ROUGHT ESTIMATES OF THE BTU
FIGURES IF YOU WOULD DESIRE.
SENTAOR STAFFORD. I THINK THAT WOULDHELP THE COMMITTEE. I WILLHAVE
TO CONFESS I WILLNEED TO GO AND THINKABOUT WHAT YOU JUST SAID FOR A
WHILE.
(DR. TESTINGSUPPLIED THE FOLLOWING INFORMATION:)
REYNOLDS ALUMINUM, REYNOLDS METALS COMPNAY, RICHMOND,VIRGINIA, JULY
25, 1974.
MR. PUAL CHIMES, COMMITTEE ON PUBLIC WORKS, NEW SENATE OFFICE
BUILDING, WASHINGTON, D.C.
THE INFORMATION REQEUSTED BY SENATOR STAFFORD ON ENERGY FOLLOWS:
AN ALL-ALUMINUM BEVERAGE CAN MADE OF COMPLETELY VIRGIN MATERIAL WOULD
REQUIRE APPROXIMATELY 6,000 BTUS PER CAN ACCORDING TO OUR INFORMATION.
A CONTAINER MADE OF RECYCLED MATERIAL TAKES CONSIDERABLY LESS ENERGY --
LESS THAN 1,900 BTUS PER CAN -- INCLUDING MELT LOSSES AND THE ENERGY
REQUIRED TO FABRICATE THE CONTAINER.
IF I MAY BE OF ADDITIONAL ASSISTANCE, PLEASE FEEL FREE TO CONTACT ME.
ROBERT F. TESTIN. DIRECTOR, ENVIRONMENTAL PLANNING.
SENATOR STAFFORD. LETME TRY TO PUT ONE MORE QUESTION, RECOGNIZING
THAT I AM NO EXPERT AND A LAYMAN IN THIS FIELD.
WHAT IS THE ENERGY COMAPRISON BETWEEN MAKING AN ALUMINUM COMTAINER
OUT OF VIRGIN MATERIAL AND MAKING ONE OUT OF SCRAP MATERIAL?
DR. TESTIN. THE GENERAL COMPARISON THAT WE USE, AND AGAIN I CAN
PROVIDE YOU MORE SPECIFIC NUMBERS FOR THE RECORD, FOR THE COMPARISON
WHICH IS THE ONE THAT IS PROBABLY THE BEST DIRECT COMPARISON, PRIMARY
VERSUS SECONDARY OR SCRAP,TAKES ABOUT 5 PERCENT OF THE ENERGY TO RECYCLE
UP TO THE INGOT STAGE.
THENWHEN YOU GO INTO THE CANMAKING OPERATION, WHICH MIGHT ADD ANOTHER
10 TO 20 PERCENT. THAT ADDS TO BOTH THE NUMERATOR AND THE DENOMINATOR
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 029 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106844
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
I CAN GIVE YOU SOME MORE SPECIFIC NUMBERS IN THAT AREA. THE 5
PERCENT INGOT TO INGOT PRIMARY VERSUS SCRAP IS THE GENERALLY ACCEPTED
FIGURE. IT IS ACTUALLY SOMEWHAT LESS THANTHAT.
SENATOR STAFFORD. THANK YOU VERY MUCH.
MR. SPIEGEL, IN YOUR TESTIMONY YOU NOTE THAT PAPER FOR RECYCLING
"MUST BE CLEANED." WHAT RESEARCH, IF ANY, AHS THE PAPER INDUSTRY TAKEN
TO FIND WAYS TO RECYCLE ALLTYPES OF PAPER FIBER, CLEAN AND DORTY, AND
HOW MUCH DID THE INDUSTRY SPEND FOR SUCH RESEARCH LAST YEAR, IF THERE
WAS SUCH RESEARCH?
MR.SPEIGEL. SENATOR, IT IF POSSIBLE TO MAKE PAPER FROM CONTAMINATED
FIBERS, BUT THIS BECOMES A MATTER OF ECONOMICS AND OF THE COST COMPARED
TO MAKING PAPER FROM CLEAN WASTEPAPER. THERE IS SOME RESEARCH GOING ON
NOW CONCERNING THE USE OF CONTAMINATED FIBERS AND I AM SORRY I CAN'T
TELL YOU THE AMOUNT OF MONEY THAT IS BEING SPENT ON IT.
WHEN YOU TRY TO MAKE PAPER FOR PACKAGING OF FOOD PRODUCTS FROM
CONTAMINATED FIBERS YOU OBVIOUSLY COME INTO SOME SORT OF CONFLICT WITH
THE FDA REGULATIONS AS TO WHAT SHALL BE IN CONTACT WITH NEW PRODUCTS.
LARGELY, THIS IS SIMPLY - MATTER OF ECONOMICS.
SENATOR STAFFORD. I THINK WE HAD WITNESSES YESTERDAY WHO TESTIFIED,
OR SOMETIME RECENTLY,THAT THE AVERAGE AMERICAN GENERATED 650 APPROXIMATE
POUNDS OF WASTEPAPER A YEAR, ABOUT 10 TIMES THE AVERAGE PRODUCTION FO
WASTEPAPER IN THE SOVIET UNION AND A TWO OR THREE TIMES OF THAT IN
WESTERN EUROPE.
DOES THAT FIGURE SOUND REASONABLE?
MR. SPEIGEL. I BELIEVE THE FIGURE OF PER CAPITA CONSUMPTION PAPER
FOR LAST YEAR WAS APPROXIMATELY 650 POUNDS IN THIS COUNTRY, SENATOR.
THERE ARE MANY NATIONS IN THE WORLD WHERE THE PER CAPITA CONSUMPTION OF
PAPER WOULD BE LESS THAN 50 POUNDS.
SENATOR STAFFORD. THAT CERTAINLY AGREES WITH THE TESTIMONY WE HEARD.
SO THAT PAPER CONSUMPTION IS ENORMOUS IN THE UNITED STATES.
MR. SPEIGEL. YES,SIR.
SENATOR STAFFORD. I PRESUME SOME OF THE MAJOR NEWSPAPERS WITHOUT
OTHER COMMENT ARE CONTRIBUTORS TO THAT RATE OF CONSMPTION.
SENATOR DOMENICI. WOULD THE SENATOR UIELD FOR A QUESTION
ONTHAT LINE?
SEANTOR STAFFORD. CERTAINLY.
SENATOR DOMENICI. WITH REFERENCE TO COMPARING COMSUMPTINS, DOES
SOMEWONE HAVE A COMPARISON OF RECYCLING? DOES EUROPE RECYCLE MORE PAPER
THAN WE DO? DIDTHEY AT ONE TIME? WHAT DO YOU KNOW ABOUT THAT?
MR. SPEIGEL. CURRENTLY, I BLEIVE THEY DO.
MR. EDWARDS. MY NAME IS MR. EDWARDS. THERE ARE TWO DIFFERENT
FIGURES HERE. AGAIN, IT IS COMPLEX. YOU HAVE A PRODUCTION IN A COUNTRY
SUCH AS WEST GERMANY. THEIR RECYCLING RATE, THE FIBER USED IN
PRODUCTION MIGHT BE AS HIGH AS 50 PERCENT WHI-E IN THIS COUNTRY IT MIGHT
BE 22 PERCENT.
THEN THERE IS A RATION TO THEIR CONSUMPTION. THEY ARE GREAT IMPORTERS
OF PAPER PRODUCTS. AS A RECYCLYING RATE TO CONSUMPTION IT MIGHT BE AS
LOW AS 30 PERCENT. SO YOU HAVE TO TAKE THOSE TWO FIGURES.
WE HAVE A CHART FOR EACH NATION. I WILL SEE THAT IT IS SUBMITTED FOR
YOUR RECORD.
(THE MATERIAL REFERRED TO FOLLOWS:).
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 030 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106845
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
/1/ A TOTAL OF 26 REPLIES WERE RECEIVED, BUT IN FIVE OF THEM THE
INFORMATION IS INCOMPLETE. THREE COUNTRIES DID NOT REPLY.
MICROFORM REFILMED; SEE APPENDICES
I. INTRODUCTION
IN ORDER TO COMPARE THE PATTERN OF CHANGES IN WASTE PAPER USE FOR
PAPER AND PAPERBOARD PRODUCTION FORMTHE LAST FAO ENQUIRY IN 1969, THE
SECRETARIAT CIRCULATED AT THE BEGINNING OF 1973 A QUESTIONNAIRE TO THE
ADVISORY COMMITTEE MEMBERS AND TO INDUSTRY ASSOCIATIONS OR SIMILAR, IN
EIGHT ADDITIONAL COUNTIRES WITH PAPER INDUSTRY OF CONSIDERABLE SIZE.
ALSO,THE QUESTIONNAIRE WAS DESIGNED TO TEST THE VARIOUS COUNTIRES
ACCEPTANCE OF THE VOCABULARY OF DIFFERNET WASTE PAPER DIEFINITIONS
PRESENTLY USED BY FAO.
THIS VOCABULARY WITH EXPLANATIONS, AND THE QUESTIONNAIREARE ATTECHED
AS APPENDIX I. THE DETAILED ANSWERS AS REQUESTED WERE RECEIVED FROM 21
COUNTRIES. /1/ (OF A TOTAL OF 29 CONTACTED). THESE ARE PRESENTED AS
SUCH IN APPEDNIX 11 AND SUMMARIZED IN TABLE NO.2 FOR THOSE 13 COUNTRIES
FROM WHERETHE CORRESPONDING DATA ARE AVAILABLE.
2. CHANGES IN RECOVERY AND CONSUMPTION OF WASTE PAPER
AS SEEN FROM APPENDIX II, THERE HAVE BEEN SOME CHANGES IN THE
RECOVERY AND CONSUMPTION RATES OF A FEW COUNTRIES FROM 1964 TO 1972.
THE BIGGEST RECOVERY RATI INCREASE ARE RECORDED IN BELGIUM, ITALY,
MEXICO AND THE NETHRELANDS; THE FEW DECREASES AMOUNG ONLY TO LESSTHAN
ONE PER CENT EACH. THE UPWARD TREND IN THE CONSUMPTION RATE IS VERY
CLEAR IN AUSTRIA, FRANCE, THE FEDERAL REPUBLIC OF GERMANY, ITALY, MEXICO
AND THE NETHERLANDS, BUT DECLINING RATES ARE REGISTERED IN BELGIUM AND
JAPAN. OVER THE THREE-YEAR PERIOD OF 1970-1972 THERE ARE ALSO A FEW
VERY MARKED, MOSTLY UPWARD MOVEMENTS IN THE RATES, MAY BE AS A RESULT OF
BOTH ENVIRONMENTAL CONSIDERATIONS AND OF MOVEMENTS IN THE MARKETING
SITUATION OF MARKET PULP.
TABLE I -- SUMMARY OF WASTEPAPER COLLECTION AND RECOVERY CONSUMPTION
RATES IN 1970, 1971 IN SELECTED COUNTRIES.
TABLE OMITTED
TABLE 2 -- CHNGES IN WASTE PAPER RECOERY AND CONSUMPTION RATES IN
SELECTED COUNTRIES FROM 1964 TO 1972
TABLE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 031 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106846
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
/1/ WASTE PAPER RECYCLING- JOSEPH E. ATHEHISON CONSULTANTS INC.,
NEWYORK, DECEMBER 1972.
HOWEVER, IF A GROUPOF COUNTRIES IS TAKEN UNDER SCRUTINY THE
PERCENTUAL RATE CHANGES ARE INSIGNIFICANT AS SEEN IN TABLE NOS. 1 AND 2,
ALTHOUGH THE TREND TO INCRASED RECOVERY AND CONSUMPTION IS UNMISTAKABLE.
THE TONNAGE GROWTHS ARE CERTAINLY VERY MUCH CLEARER AND BIGGER BECAUSE
OF THE INCREASED PAPER AND PAPERBOARD CONSUMPTION AND OF INCREASED
PERCETNAGE RATES.
3. WASTE PAPER VOCABULARY
THE ANSWERS RECEIVED TO THE SECRETARIAT'S QUESTIONNAIRE DID NOT RAISE
ANY OBJECTIONS OR DOUBTS ABOUT THE TERMS AND DEFINITIONS USEDTHEREIN.
IT IS THEREFORE TO BE ASSUMED THAT THE MEMBERS OF THE ADVISORY COMMITTEE
FULLY ACCEPT THE VOCABULARY OF WHICH THE TWO MOST IMPORTANT AND OFTEN
WRONGLY INTERPRETED DEFINITIONS ARE:
WASTE PAPER RECOVERY RATE DEFINED AS "THE AMOUNT OF WASTE PAPER
COLLECTED AS A PERCENTAGE OF TOTAL PAPER AND PAPERBOARD CONSUMED INA
PARTICULAR COUNTRY OR REGION;AND
WASTE PAPER CONSUMPTION RATE DEFINED AS "THE AMOUNT IN PERCENTAGE OF
WASTE PAPER USED IN EACH COUNTRY OR REGION BY ITS PAPER AND PAPERBOARD
MILLS RELATIVE TO THE TOTAL AMOUNT OF PAPERMAKING FIBRES USED BY THESE
MILLS.
THESE TERMS AND DEFINITIONS ARE ALSO ACCEPTED AND RECOMMENDED BE A
RECENT AUTHORIZATIVE STUDY ON THE UTILIZATION OF WASTE PAPER /1/ WHICH
PLACES SPECIAL EMPHASIS ON THE NEED TO ADOPT WORLDWIDE, IRREFUTABLE
NAMES AND DEFINITIONS TO THESE BASIC CONCEPTS:
THE SECRETARIAT THEREFORE SUGGESTS THAT IN THE FUTURE ONLY THESE
TERMS BE USED IN THIS CONNECTION AND THAT, WHENEVER POSSIBLE, THEIR
GENERALACCEPTANCE PROMOTED.
APPENDIX I
EXPLANATORY NOTES
BY CONSUMPTION OF PAPER AND PAPERBOARD IT IS MEANT THE TOTAL QUANTITY
OF PAPER AND PAPER BOARD (ALSO WHEN COMBINED WITH OTHER MATERIALS)
CONSUMED WITHIN THE COUNTRY.
COLLECTION OF WASTE PAPER MEANS THE TOTAL QUANTITY OF WASTE PAPER
COLLECTED FROM THE PAPER USING INDUSTRIES (MAINLY PACKAGING AND PRINTING
INDUSTRIES), OFFICES, ARCHIVES AND LIBRARIES, STORES ANDSHOPS AND FROM
HOUSEHOLDS, IN ANY KIND OF USED (INCLUDING ALSO OTHER USES THAN PAPER
AND PAPERBOARD MANUFACTURING).
EXPORTS AND IMPORTS OF WASTE PAPER ARE TH E QUANTITITES OF ALL KINDS
OF WASTE PAPER EXPORTED AND IMPORTED FOR ANY KIND OF USE.
WASTE PAPER USED FOR PAPER AND PAPERBOARD. THIS IS THE QUANTITY OF
ANY KIND OF WASTE PAPER EITHER LOCALLY COLLECTED OR IMPORTED WHICH IS
USED TO MAKE PAPER AND PAPERBOARD.
TOTAL FIBRE USED FOR PAPER AND PAPARBOARD IS THE TOTAL QUANTITY OF
IMPOUT OF FIRBRES FOR PAPERAND PAPERBOARD MANUFACTURING. THE FIBRESCAN
BE OF WOOD GROUND, SPLIT CHIPS, RESIDUES, SAWDUST, ETC.)M OF NON-WOOD,
FIBRONS VEGETABLE MATERIALS (BAGASSE, STRAW, BAMBOO, REEDS,ESPARTO,RAGS
ETC.) AND AWASTE PAPER.
PAPER AND PAPERBOARD PRODUCTION IS THEQUANTITY OF PAPER AND
PAPERBOARD (FIBRE BUILDING BOARDS NOT INCLUDED) OF ANY KIND PRODUCED
WITHIN THE COUNTRY.
FAO QUESTIO-NNIARE ON WASTEPAPER (IN THOUSANDS OF METRIC TONS)
TABLE OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 032 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106847
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
APPENDIX II
COLLECTION AND RECOVERY AND COMSUMPTIONRATES OF WASTE PAPER IN
SELECTED COUNTRIES IN 1964, 1966, 1967 AND 1970, 1971, 1972
(IN PERCENT)
TABLE OMITTED
(IN THOUSANDS OF TONS)
TABLE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 033 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106848
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
TABLE OMITTED
SENATOR DOMENICI. INANY EVENT, IT IS STILL HIGHER THAN THE UNITED
STATES?
MR. EDWARDS. JAPAN,WEST GERMANY, THE NETHERLANDS, THE UNITED
KINGDOM, ARE COUNTIRES THAT ARE HIGHER THANTHE UNITED STATES. MOST ALL
COUNTRIES ARE LOWER JUST BECAUSE THERE ISN'T THE DEVELOPMENT OF THE
PAPER INDUSTRY IN THOSE COUNTRIES.
SENATOR DOMENICI. IS THERE SOME BASIC REASON FOR THE HGIHER
PERCANTAGE WITH REFERENCE TO THE WAY THEY DISPOSE OF THEIR GARBAGE OR
TRASH OR DO YOU HAVE SOME KIND OF ANALYSIS?
MR. EDWARDS. THAT IS A GOOD QUESTION BECUASE THE REASONFOR THE
HIGHER PERCENT IS THE FIBER RESOURCES OF THE COUNTRY. IN THE EUROPEAN
COUNTRIES AND JAPAN, THER E IS A LOW FOREST RESOURCES BASE.
WHEREAS IN THIS COUNTRY, CANADA, ANDTHE SCANDINAVIAN COUNTRIES WE
HAVE A VERY HIGH FOREST RESOURCE BASE. SO THEREFORE, RECYLCING HAS BEEN
LESS ECONOMICAL AND LESSER PERCENTAGE HAS BEEN ACHIEVED WHERE YOU CAN
UTILXE YOUR FOREST RESOURCES.
SENATOR DOMENICI. AER YOU SAYING BECAUSE WE HAFE AN APPARENT
ABUDNANCE WE HAVE NOT DONE AS WELL WITH RECYCLING AS THOSE YOU DON'T
HAVE A SMUCH?
MR. EDWARDS. I, I AM NOT SAYING THAT BECUASE YOU HAVE TO TAKE INTO
ACOCNT THE INCREASED UTILIZATION OF WOOD RESIDUES. WHILE WE
AREUTILIZING OUR FOREST REOURECES BETTER THANHALF ARE USED TO MAKE
LUMBER AND TIMBER PRODUCTS WHICH CANOT BE MADE FROM A RECYCLED MATERIAL.
AS THOSE PRODUCTS ARE MADE,THE SAWDUST AND THE CHIPS HAVE BEEN
INCRASINGLY USED TO MAKE THE PRODUCTS OF THE PAPER INDUSTRY. WE ARE
USING ALMOST 50 PERCENT WASTE PRODUCTS OF THE PAPER INDUSTRY. WE ARE
USING ALMOST 50 PERCENT WASTE PRODUCTS TO MAKE THE PAPER IN THIS
COUNTRY: 22 PERCENT WASTEPAPER AND 26 TO 27 PERCENT WOOD RESIDUES THAT
USE TO BE BURNED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 034 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106849
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE ENVIRONMENTAL LAWS PREVENT THE BURNING OF WASTE WOOD AND IT IS
NOW UTILIZED AS A RAW MQTERIAL TO MAKE PULP PAPER AND PAPERBOARD.
SENATOR DOMENICI. ARE YOU SAYING THAT AS A NATION OUR ECONOMY
1IN THIS AREA IS BASED UPON THE FACT THAT WE HAVEIN THE OPINION OF
THE MARKETPLACE AN ABUNDANCE OF THE RAW MATERIAL, WHEFEAS THE
EUROPEAN COUNTRIES THAT SEEM TO DO BETTER HAVE AN ECONOMICPOLICY
BASED UPON A SHORTAGE?
MR. EDWARDS. YES, I AM SAYING THAT. THAT OVER THE LONG PULL,
HOWEVERTHE THRUST OF THIS BILL IS FOR RESOURCE RECOVERYAND ALTHOUGH
PAPER FIBER IS A RENWABLE RESOUFCE, THE PAPER INDUSTRY IS WELL AWARE AND
IN ITSFUTURE IS PROBABLY THE NEED TO RECYCLEEVER INCREASING PERCENTAGES.
WE HAVE MADEA SLIGHT TURNAROUND IN THE RECENT YEARS AND INCREASING
USE OF WASTEPAPER MAY BECOME MORE IMPORTANT AS WE GET CLOSER TO THE END
OF THIS CENTURY.
SENATOR DOMENICI. SENATOR STAFFORD, THANK YOU.
SENATOR STAFFORD.THANK YOU. MR.CHAIRMAN.
YOUR QUESTIONS SUGGESTED ONE TO ME AND THAT WAS TOASK, MR. SPIEGEL,
WHERE ARE YOUR VIRGIN PAPEF STOCKSCOMING FROM? ARE THEY MOSTLY FROM
THEUNITED STATES OR FROM THEWESTERN HEMISPHERE?
MR.SPEIGEL. OUR VIRGIN PAPER STOCKS?
SENATOR STOFFARD. YES.
MR.SPIEGEL. MOST COME FROM THE UNITED STATES.
SENATOR STAFFORD. IS A CONSIDERABLE AMOUNG IMPERTED FROM CANADA AS
WELL?
MR. SPEIGEL. SENATOR, I WILLHAVE TO ASKTHESE GENTLEMEN BECAUSE MY
COMPANY DEALS ONLY IN THE PAPERBOARD PACKAGING ASPECTS AND THE PAPER
FROM CANADA IS NOT USED IN THIS TO A LARGE EXTENT.
MR. EDWARDS. FIRST OF ALL, THEIR BASIC RAW MATERIAL IS TREES OF WOOD
RESIDUES. THOSE ARE GROWN AND HARVESTED IN THIS COUNTRY LARGELY ON
FOREST LANDS OWNED BY THE INDIVIDUALS, SOME BY PAPER COMPANIES AND LARGE
AMOUNT BY GOVERNMENT.
WE DO IMPORT MARKET PULP OR A MANUFACTURED PRODUCT KNOWN AS MARKET
PULP FROM CANADA AND FROM SCANDINAVIA.WE ALSO EXPORT THOSE SAME PRODUCTS
TO THOSE COUNTRIES BECAUSE DIFFERENT GRADES ARE REQIRED TO MAKEDIFFERENT
END PRODUCTS.
THE LARGEST IMOPRTATION INTO THIS COUNTRY IS SOME6 1/2 MILLION TONS
OF NEWPRINT FROM CANADA. THEY ARE LARGE PRODUCTS OF NEWSPRINT. WE
HOWEVER, TURN AROUND AND EXPORT 1.5 MILLION TONS OF KRAFT LINERBOAFD TO
EUROPE AND THE FAR EAST. WE ARE A NET IMPORTER LARGELY BECAUSE WEIMPORT
FROM CANADA WOOD PULP AND NEWPRINT.
SENATOR STAFFORD. HTANK YOU VERY MUCH.
MR. CHAIRMAN. I THINK MY FIRST 10 MINUTES ARE ABOUT UP. SO I WILL
YIELD TO YOU.
SENATOR DOMENICI. MR.STINSON, IN YOUR STATEMENT YOUR EXPRESS CONCERN
ABOUT THEIMPACT ON EMPLOYEMNT OF ANY NEGATIVE RESORUCE CONSERVATION
APPROACH THAT YOU FOUND IN SOME OF THE BILLS.
COULD I EXPLORE THAT A BIT WITH YOU? YOU STATED THERE THAT IN 1973
THE STEEL INDUSTRY PRODUCED 6 MILLION TONS OF STEEL FOR THE CAN
MANUFACTURING INDUSTRY.
DO YOU HAVE ANY ESTIMATE OF HOW MANY TONS THEY PRODUCED FOR THE SAME
CAN MANUFACTURING INDUSTRY IN 1963?
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 035 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106850
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR.STINSON. NO, SENATOR, I DO NOT HAVE THAT. IW OULD BEGLAD TO
SUBMIT IT TO YOU.
(THE FOLLOWING INFORMATION WAS SUBSEQUENTLY SUPPLIED:)
AS TO SENATOR DOMENICI'S QUESTION ON STEEL SHIPMENTS TO THE CAN
INDUSTRY, 1963 THROUGH 1973, THE FOLLOWINGFIGURES ARE SUPPLIED FOR THE
ENTIRE DOMESTIC STEEL INDUSTRY:
TABLE OMITTED
SENATOR DOMENICI. WOULD IT BE FAIR TO SAY THAT IT HAS INCREASED
DRAMATICALY IN THE 10 YEARS, FROM 1963 TO 1973?
MR. STINSON. NO, IT DPENDS ON THE WORD DRAMATIC. SENATOR, IF YOU HAD
TO ESTIMATE, I WOULD ESTIMATE IT HAD INCREASE-D PERHAPED 15 TO 20
PERCENT IN THAT PERIOD.
SENATOR DOMENICI. IS IT REGULARLY INCREASING?
MR. STINSON. YES. THE PERCENTAGE INCREASE WOULD BE SOMEWHERE IN THE
RANGE OF 3 OR 1 PERCENT AYEAR.
SENATOR DOMENICI. ONE OF THE WITNESSES TESTIFIED -- I THINK IT WAS
THE PAPER INDUSTRY -- THAT THEIR INDUSTRY COLLECTED $1.6 BILLION IN
TAXES. WHICH WITNESS WAS THAT?
MR.SPEIGEL. PAID $1.6 BILLION.
SENATOF DOMENICI. I WANT TO DRAW A COUPLE OF QUICK ANALOGIES BECAUSE
I HAVE A BASIC DISAGREEMENT WITH THE PERMISE THATYOU ALL HAVE
BEENDISCUSSING, NOT WITH THE FREE ENTERPRISE SYSTEM, BUT BASICALLY WHERE
WEARE HEADED I TERMS OF USE OF VIRGIN MATERIAL. I COULD CONCLUDE ON THE
BASIS OF MOST OF YOUR EMPLOYMENT TESTIMONY THAT, FOR INSTANCE, THE MONEY
FIGURE IN THE GARBAGE COLLECTION BUSINESS OF THIS COUNTRY ABOUT 10 YEARS
AGO IT ONLY COST ABOUT $1.5 BILLION AND 10 YEARS LATER IT COST $6
BILLION.
I WOULD ASSUME, SINCE WE HAVE MADE NO DRAMATIC IMPROVEMENTS IN OUT
METHOD AND MANNER OF COLLECTION THAT PROBABLY THE EMPLOYMENT IN THE
GARBAGE COLLECTION BUSINESS HAS GONE UP ABOUT FOURFOLD FROM 1.5 TO 6.
IF WE FOLLOWED THE BASIC LOGIC OFNOT BEING OVERLYCONCERNED ABOUT
CONSERVATION AND RATHER BEING TOTALLY CONCERNED ABOUT THE STATUS QUO IN
TERM SOF EMPLOYEMENT, ONE WOULD CONCLUDE WE ARE DOING VERY WELL BECAUSE
THE GARBAGE COLLECTORS HAVE INCRASED FOURFOLD AS HAS THE EXPENDITURE FOR
THE COLLECTION OF GARBAGE.
I KNOW THATIS CARRYING SOME OF YOUR EXAMPLES TO THE EXTREME,BUT ONE
MIGHT ALSO GE AGAINST SOME FO THE PROGRAMS THAT WILL BETTER UTILIZE
GARBAGE ON THE BASIS THAT IT MIGHT CUT THE $6 BILLION COST TO $2 BILLION
OR IT MIGHT CUT THE NUMBER OF GARBAGEMEN OUT IN THE FIELD COLLECTING THE
REVENUES FROM PERHAPS 5 MILLION OR 6 MILLION IN THECOUNTRY DOWN TO 1.5
MILLION.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 036 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106851
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE REASON THATI AM CONCERNED IS THAT I REALLY DON'T SEE ANY END TO
THE ENORMOUS INCREASE IN THE USE OF THE PRODUCTS YOU PRODUCED THAT YOU
ARE TESTIFYING ABOUT THAT ARE DISPOSED OF AS WASTE PRODUCTS AND I WILL
CITE FROM THE TESTIMONY GIVEN, THE FACTS THATWILL RATHER STARTLE YOU IN
TERMS OF PACKAGING.
INTHEPAST 50 YEARS THE AMOUNT OF WASTE DISCAREDED PER PERSON IN THE
UNITED STATES HAS DOUBLED. INCITIES SOLID WASTE VOLUMES ARE ESTIMATED
TO HAVE DOUBLED IN THE PAST 20 YEARS.
THE URBAN PERCENTAGE OF TOTAL POPULATION IS NOW 74, INCREASED 10
PERCENT SINCE 1950, BUT BETWEEN 1958 AND 1976 PACKAGING CONCUMPTION, 90
PERCENT OF WHICH IS DISPOSED, WILL HAVE INCRASED AN ESTIMATED 63
PERCENT.
THAT BRINGS ME TO SOMEBODY'S SUGGESTIONTHATWE HAVE A TAX INCENTIVE OF
$10 A TON. WAS THAT FOR WASTEPAPER?
MR. SPEIGEL. WASTEPAPER; YES, SIR.
SENATOR DOMENICI. IW ONDER IF YOU WOULD ADDRESSYOURSELF TO THAT
ECONOMIC SIGNFICANCE OF LOOKING AT THE OTHER SIDE AND LOOKING AT THE
INCENTIVES THAT ARE NOW GI-EN TO THE INDUSTRY FOR THE USE OF VIRGIN
MATERIAL. I WONDER IF YOU HAVE ANY OBSERVATIONS AS TO WHETHER A GRADUAL
DIMINUTION IN THE TAX INCENTIVES THAT ARE THERE MIGHT INDEED EQUALIZE
THE $10 INCENTIVE THAT YOUARE ASKING ONTHE SIDE OF REUSE.
MR. SPEIGEL. SENATOR, THE PAPER INDUSTRY BELIEVES THAT IN THE YEARS
THAT LIE AHEAD THE DEMANDS OF THE U.S. ECONOMY AND INDEED THE DEMANDS OF
THE WORLD ECONOMY WILL MAKEIT NECESSARY THAT WE GET OUT AND UTILIZE ALL
OF THE FIBER,BOTH VIRGIN AND RECYCLABLE FIBER THAT WE CAN GET AND,
CONSEQUENTLY OUR INTEREST IN A TAX INCENTIVE IS SIMPLY TOENCOURAGE THE
GENERATION OF ADDITIONAL TONS OF FIBER THAN CAN BE USED TO SATISFY THIS
WORLD DEMAND RATHER THAN TO TRY TO DISCOURAGE ADDITIONAL TONS OF THIS
USABLE FIBER.
SENATOR DOMENICI. LET ME PURSUE THIS JUST A LITTLE BIT FURTHER. IT
SEEMS TO ME THAT YOU ARESAYING THAT THE FREE MARKETPLACE WILL TAKE CARE
OF THIS WHOLE PROBLEM OF CONSERVATION AND WHAT CHANGES WE MAKE SUBJECT
TO YOUR CONCURRENCE HERE TODAY THAT WE NEED SOME OF THE INCENTIVES THAT
ARE PROVIDED IN SENATOR RANDOLPH'S BILL, MOST OF WHICH HAVE TO DO WITH
BUY BACK ANDGUARANTEED BUY BACK OF THE MATERIALS AND GRANTING OF MONEY
FOR ENERGY CONVERSION KINDS OF PROJECTS.
LET ME ASK WITH REFERENCE TO THE BUY-BACK PROVISION, THE GUARANTEED
PURCHASE OF CANS, PAPER, STEEL. YOU ALL SEEM TO HAVESOME CONCERN AS TO
HOW THE PRICE WILL BE SET.
YOU HAVEALL SAID THE CONCEPT IS GOOD AND SUPPORTED, IT, BUT I THINK
YOU ALL HAVE BEEN CONCERNED ABOUT HOW WE SET THE PRICE.
MIGHT I ASK THIS QUESTION: YOU ALL SAY THE MARKETPLACE OUGHT TO TAKE
CARE OF THE PRICE. IS THERE NO CONCERN ON YOUR PART THAT THERE IS A
LOCKED-IN MARKET, THAT INDEED IN REGIONS OF THE COUNTRY THERE WILL BE
LITTLE OR NO MARKET VALUE OTHER THAN THAT WHICH YOU GENERATE YOURS,
BECAUSE YOU MIGHT BE THE SOLE OR ONLY PURCHASER OF THE PRODUCT THAT YOU
ARE AGREEING YOU WILL BUY BACK.
IF SO,HOW DO WE EQUATE THAT WITH THE DESIRE OF CONGRESS TO STIMULATE
THE REUSE? WOULD NOT THE MARKET VLAUE, AS I DESCRIBE IT,AND IS IT NOT
PSSIBLE THATIT WOULD INDEED BE AT YOUR DISPOSAL AND AT YOUR CONTROL
RATHER THAN BE AN INCENTIVE TOWARD REUSE? THAT IS THE FIRST ONE. WOULD
EACH OF YOU ADDRESS YOURSELF TO THAT, PLEASE?
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 037 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106852
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR. STINSON. SENATOR, STEEL IS IN SOMEWHAT DIFFERENT POSTURE. THERE
IS A MARKET FOR SCRAP, A MARKET PRICE FOR SCRAP. THIS IS WELL
ESTABLISHED SO THATYOU DON'T NEED TO DO VERY MUCH TODETERMINE THE
CORRECT PRICE FOR THIS SCRAP.
THE QUESTION YOU RAISE ABOUT THE GEOGRAPHICAL DISTRIBUTION, I THINK
THERE IS ALSO NO PROBLEM WITH US NOW. STEEL SCRAP IS IN EXTREMELY SHORT
SUPPLY, SELLING AT ASTRONOMICAL PRICES. THE PROSPECTS ARE THAT IT WILL
BE IN TIGHT SUPPLY FOR PERHAPS AS LONG AS 10 YEARS.
SO, I DON'T BELIEVE THAT THE MATTER OF ASSIGNING THE PRICE OR THE
POSSIBILITY OF SOME COMPLETELY RIDICULOUS LOW PRICE EXISTS.
SENATOR DOMENICI. I THINK I SHOULD HAVE OBSERVED THAT MUSELF AND I
APOLOGIZE. I THINK YOU ARE ABSOLUTELY CORRECT IN THAT REGARD. I WANT
TO ADD ANOTHER DIMENSION TO THE QUESTION AS EACH OFYOU ANSWER IT.
I WOULD THINK A BUY-BACK MANDATE AS PART OFNATIONAL LEGISLATION, EVEN
IF WE HAD AGREED UPON HOW YOU DETERMINE THE PRICE, WOULD BE SOMEWHAT
IRRELEVANT UNLESS IT ACTUALLY MOTIVATED THE REUSE.
I WOULD HATE TO BE PART OF A BUY BACK JUST TO CREATE A GIANT
STOCKPILE OR GARBAGE HEAP OR SOLID WASTE DISPOSAL THAT ONE OF THE PAPER
COMPANIES RAN INSTEAD OF A CITY AND THEY BOUGHT IT BACK AND THREW IT
AWAY.
I WOULD LIKE YOU TO COMMENT ON THE PROPOSITION OF ENCOURAGING ITS
REUSE. I CAN SEE IT AS A REAL POSSIBILITY IN THE AREA OF GLASS.
I THINK IT COULD BE SUCH THAT YOU COULD JUST THROW IT AWAY, BUY IT
BACK, NAD THROW IT AWAY AND THE CONSUMER WOULD END UP PAYING FOR THE
VIRGIN MATERIALS AND WE WOULD ACCOMPLISH NOTHING. SO IF YOU WOULD
COMMENT ON THETWO CONCEPTS AS THEY APPLY TO YOU.
MR. JONES. TO YOUR LATTER POINT, I WOULD AGREE, IF WE CAN GET THE
GLASS BACK AND GET IT BACK AT A PRICE LONGERTERM, HOPEFULLY, EVEN
LOWERTHAN VIRGIN PRICES, WE WILL BE EVEN MOFE ENCOURAGED TO USE IT.
AS LONG AS WE CAN GET IT BACK AT THE VIRGIN PRICE EQUIVALENT
THERE IS NO REASON WHY WE WOULDN;T WANT TO USE IT. SO WE ARE
ENCOURAGE DWHERE ECONOMICALLY IT COMPLETES WITH VIRGINMATERIALS,
WE ACAN GET IT BACK. WE CAN RECYCLE IT BACK INTO USE, WHICH WE
ARE ANXIOUS TO DO.
AS TO THE PRICE SETMENT, AGAIN WE WOUL-D DISLIKE SEEING A PREMIUM SET
BY ANYONE, ANARBITRARY PERMIUM BECAUSE WE DON'T THNK IT IS IN THE
LONG-RANGE ECONOMIC INTEREST OF THIS COUNTRY, SUBSIDIZED THROUGH
GOVERNMENT TAXATION,HIGHER PRICES FOR PACKAGING OR NAY OTHER MATERIAL IF
IT IS NOT NECESSARY.
AS SENATOR MCCLURE OBSERVED VERY CORRECTLY, THERE IS AN ABUNDANT
SUPPLY OF SAND IN THIS COUNTRY. THERE IS 2,000 TO 3,000 YEARS SUPPLY OF
SODA ASH, WITH THE TEMPORARY PROBLEM OF MINING IT, AND THE SHUTTING DOWN
OF THE SYNTHETIC PLANTS.
WE AREIN THE UNIQUE POSITION IN THE GLASS INDUSTRY OF HAVEING A GREAT
DEAL OF RAW MATERIAL.
IF I MIGHT TAKE THIS TIME,I WOULD LIKE TO COMMENT FURTHER ON ENERGY.
IT WAS ALSO, I BELIEVE, SENATOR MCCLUREWHO SAID WHAT WHILE GLASS IS IN
ABUNDANT SUPPLY AS A RAW MATERIAL, IT IS QUITEAN ENERGY HOG.
I SAW A NUMBER THE OTHER DAY THATI THOUGH WOULD PUT IT IN
PERSPECTIVE. ALL OF THE GLASS CONTAINERS USED BY EVERY INDIVIDUAL, OR
EVERYFAMILY IN THIS COUNTRY USES THE EQUIVALENT OF $3.15 WORHT OF ENERGY
A YEAR. THIS IS SOMETHING LESS THAN WHAT IT COSTS TO USE AN ELECTRIC
BLANKET.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 038 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106853
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
TO PUT IT FURTHER IN PERSPECTIVE AND PERHAPS BE-TER FOR THIS GROUP
TODAY, AIR CONDITIONING IS 15 TIMES THE COST OF THE MANUFACTURE OF ALL
GLASS CONTAINERS FOR A FAMILY IN THIS COUNTRY.
SENATOR DOMENICI. SO IS IT FAIR TO SUMMARIZE WITH REFERENCE TO GLASS,
ASIDE FROM THE LITTERPROBLEM, BASICALLY THERE IS NO PROBLEM OF SHORT
SUPPLY OF THEPRODUCTS TOAT GO INTO THE STANDARDS AND THE LIKE THAT YOU
USE TO MAKE GLASS AND TO ATTEMPT TO CREATE AN ECONOMIC USE.
IT IS PRETTY FARFETCHED AT THIS POINT IN TERMS OF REUSE OF GLASS
ACROSS THE COUNTRY GETTING IT BACK TO YOU PEOPLE? MR. JONES. I THINK
WHERE THE PLANTS ARE LOCATED CLOSE TO METROPOLITANAREAS AND YOU HAVE
RESOURCE, RECYCLING,OR RECOVERY CENTERS, WE ARE MOST ANXIOUS TO GET IT
BACK AND USE IT HERE.
DR.TESTIN. I THINK ALUMINUM AGAIN IS IN THEPOSITION OF KNOWING WE
HAVE A NATIONAL MARKET FOR THE SCRAP MATERIAL. WE ARE NOT CONCERNED
FROM THATANGELE, NOR ARE WE CONCERNED THAT IF WE DID IT ANYONE IS GOING
TO BURY IT OR NOT USE IT.
I THINK THERE ARE, HOWEVER, SOME POSITIVE ASPECTS TO THIS "BUY BACK"
PROVISION THAT GOES JUST A LITTLE BIT BEYOND WHAT IS BEING DONE TODAY.
WE KNOW THERE IS A NATIONAL MARKET AND WE KNOW THAT COMPANIES,
REYNOLDS METALS,FOR EXAMPLE , ARE SIGNING CONTRACTS TO BUY MATERIAL
BACK,
BUT THERE IS A NEED, A VERY BROAD BASED NEED IN MANY RESOURCE
RECOVERY OPERATIONS FOR A PRECONTRACTUAL COMMITMENT OF SOMEKIND. THERE
IS NO FORMALIZATION TO THAT AT THIS POINT IN TIME. I KNOW OUR COMANY IS
VERY CAREFUL ABOUT W-O WE SIGNCONTRACTS WITH AND HOW GOOD THEIR SYSTEM
IS AND A GROUP, A MUNICIPALITY THAT IS CONTEMPLATING RESOURCE RECOVERY
HAS A LOT OF WORK TO DO TODAY TO GET THEIR CONTRACTUAL COMMITMENTS LINED
UP.
WHILE THE MARKET IS THERE AND WHILE COMPANIES ARE MAKING EFFORTS IN
THIS AREA, I THINK THERE IS A LOT MORE THAT COULD BE DONE. WE DO NOT
HOWEVER,HAVE ANY CONCERN ABOUTBEING ABLE TO USE THE MATERIAL OR THAT
THERE IS A NATIONAL MARKETFOR IT.
SENATOR 1OMENICI. HOW MANY COMPANIES WOULD, IN AMERICA, BE IN THE
POSITION OF WHERE THEY WOULD BE PAYING CONSIDERABLE AMOUNTS OF MONEY
UNDER THE BUY-BACK PROVISIONS OF THIS LAW? IS IT 3 OR 4 COMPANIES. 15?
ARE WE TALKING ABOUT A LOT OF THEM OR IS IT JUST A FEW BIG ALUMINUM
COMPANIES?
DR. TESTIN. AS I REMMBER THE LEGISLSTION, THOSE COMMITMENTS FOR BUY
BACK WOULD BE LIMITED TO THOSE THAT WERE PUTTING PRODUCTS INTO THE
MARKETPLACE, WHICH WOULD LIMIT YOU TO THE LARGER ONES.
THIS WOULD SIMPLY BE THE COMMITMENT OR THE GUARANTEE OR THE FLOOR,
THEN YOU WOLD HAVE THEFREE MARKET BEING ABLE TO COMPETE AGAINST THAT AND
COULD SET UP A VERY INTERESTING OPPORTUNITY FOR RESOURCE RECOVERY, I
THINK, INTHE COUNTRY.
SENATOR DOMENICI. WOULD YOU DESCRIBE TH-T A BIT? WHO ELSE BESIDES
THOSE THAT MAKE THE COMMITMENT MIGHT BE INTERESTED IN BUYING THE
ALUMINUM CANS?
DR. TESTIN. THERE IS AVERY LARGE PRIMARY AND SECONDARY INDUSTRY IN
THIS COUNTRY PLUS DEALERS THAT WOUL DBUY MATERIAL FOR SELLING TO ONE
GROUP OR THE OTHER.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 039 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106854
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
I WOULD THINK THAT THEPOTENTIAL FOR BUYING THIS MATERIAL WOULD BE
ACROSS THE BOARD.
THERE ARE OTHERS THAT I AM NOT DIRECTY AWARE OF AND CANNOT GIVE YOU
NAMES THAT I KNOW ARE BUYING BACK CONSUMER SCRAP TODAY.
SENATOR DOMENICI. WHEN YOU WENT FROM $10 TO $15 WAS THAT ALL ONE
JUMP.
DR. TESTIN. TEN TO FIFTEN CENTS?
SENATOR DOMENICI. CENTS. EXCUSE ME.
DR. TESTIN. YES, SEANTOR, IT WAS. WE, REYNOLDS METALS CO., MADE
SUCH ANNOUNCEMENT AND COMPETITION RESULTED IN THIS. BEING, I THINK A
SOMEWHAT GENERAL INCREASE NOW AROUND THE COUNTRY I CAN'T SWEAR TO THAT.
SENATOR DOMENICI. IF YOUR PREMISE THAT THERE IS, IN FACT,
COMPETITION IS TRUE, THERE SHOULD BE COMPETITIN NOW, SHOULDN'T THERE?
DR. TESTIN. THERE IS COMPETITION. I THINK WHERE SCRAP IS AVAILABLE.
WHAT WE ARELOOKING AT FROM THESTANDPOINT OF RESOURCE RECOVERY SYSTEMS
ARE THOSE THAT ARE GETTING OFF THE GROUND. MANY OF THEM, IN TERMS OF
BEING ABLE TO GET SUPPORT IN EITHER FINANCIAL OR OTHERWISE FIND A NEED
TO ASSURE THAT WHEN THEY BUILD THE PLANT THAT THERE ARE MARKETS FOR THE
FINISHED PRODUCT.
I THINKTHE COMPOST INDUSTRY WAS A CLASSIC EXAMPLE OF THAT ABOUT 10
YEARS AGO WHERE LARGE SYSTMS WERE BUILT AND AT GREAT EXPENSE AND INPUT
OF TECHNICAL EXPERTISE, THEY GENERATED EXCELLENT COMPOST WHICH THEY WERE
UNABLE TO SELL. SO THERE IS AN INCENTIVE FOR HAVING A PRECOMMITMENT OF
SOME SORT.
SENATOR DOMENICI. YOU INDICATED THAT YOUR COMPANY AND OTHERS HAD
PURCHASED BACK 1.6 BILLION CANS IN 1973. WAS THE MARKET SUCH THAT THIS
FREE SECTOR THAT DEALS IN IT OR WOULD DEAL IN IT WAS, IN FACT, OPERATIVE
DURING THAT YEAR?
DR. TESTIN. FIRST OF ALL WE ARE TALKING ABOUT TWO DIFFERENT THINGS.
THE 1.6 BILLION CANS THAT WERE BOUGHT BACK ARE THOSE THAT WE CAN ACCOUNT
FOR, THAT WE HAVE BEEN ABLE TO DETERMINE THROUGH, FOR EXAMPLE, THE
ALUMINUM ASSOCIATION, THAT CAME BACK THROUGH A CONSUMER-ORIENTED PROGRAM
WHERE POEPLE BROUGH T CANS BACK TO US.
MY PERONSLA JUDGMENT IS, YES, THERE WAS A GREAT DEAL OF COMPETITION
AND THAT THERE WAS A GREAT DEAL OF THIS MATERIAL PURCHASED BY OTHER
SOURCES,BUT I HAVENO DATA TO SUBSTANTIATE THAT.
THE SITUATION IS A LITTLE BIT DIFFERENT IN THE MUNICIPAL REFUSE
SYSTEM BECAUSE NOW WE ARE PROJECTING THE NEXT STEP AND MOVING INTO
RESOURCE RECOVERY AND SOLID WASTE.
MR. SPEIGEL. SENATOR, AS I HAVESAID EARLIER, IN THE PAPER INDUSTRY
WE ANTICIPATE THAT WE WILL NEED ALL OF THE FIBER THAT CANBE GENERATED TO
SATISFY THE DEMAND S NOT ONLY OF THIS COUNTRY BUT OF THE WORLD.
CONSEQUENTLY, I CAN SEE NO PARTICULAR ADVANTAGE TO HAVEING THE
LEGISLATIONCONTAIN ANYTHING THAT WOULD ESTABLISH A MARKETPLACE. I
THINKTHIS MIGHT TEND TO BE MORE DISCOURGAGING THAN ENCOURAGING OF THE
GENERATION OF ADDITIONAL FIBER.
SENATOR DOMENICI. ONE LASTGENERAL QUESTION BEFORE THE SPECIFICS TO
ALL OF YOU. ALL OF YOU SEEM TO OPPOSE THE PORTIONS OF OTHER BILLS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 040 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106855
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
BESIDES SENATOR RANDOLPHS THAT DIRECT THEMSELVES TO REGULATING
PACKAGING.
SOME OF THE BILLS BEFORE US WOULD END UP WITH ACTUAL STANDARDS SET
AND POWERIN THE NATIONAL GOVERNMENT TO PROHIBIT. OTHERS OF THE BILL
AREMORE MILD AND WOULD PRODUCE SOME STANDARDS BUT ARE RATHER VAGUE ON
WHETHER THEY WOULD BE ENFORCED OR NOT IN TERMS ON PROHIBITIONS.
IN ANY EVENT, YOU SEEM TO BE OPPOSED TO THE APPROACH OF
REGULATINGPACKAGIN ON THE BASIS THAT THE PRIVATE SECTORWOULD BEST TAKE
CARE OF THIS.
MIGHT I ASK THIS QUESTION: DO YOU BELIEVE THERE IS ANY NEED AT ALL
FOR ANEVALUATION, AN OBJECTIVE EVALUATION BASED UPON A NATIONALPOLICYOF
MAXIMUM CONSERVATION FOR EVALUATING ALTERNATE MEANS OF PACKAGING
MERCHANDISE FOR THE AMERICAN MARKETPLACE AND THE DISCLOSURE OF THESE
LATERNATES, AS COMPARED WITH A MANDATORY LAW THAT WOULD PROHIBIT CERTAIN
KINDS?
DO YOU SEE ANY NEED FOR FURTHER DEVELOPMENT IN THIS AREA? WOULD YOU
START WHEREVER YOU WOULD LIKE?
MR. SINTSON. SENATOR, ANY EVALUATION OF THAT SORT IS BOUND TO SHED
ADDITIONAL LIGHT. NONE OF USE IS THAT WELL INFORMED ON THEOVERALL
PICTURE.
WE ARECONCERNED OVER THE DIRECTION THAT SUCH AN EVALUATION TAKE; WE
ARECONCERNED AS TO HOW MUCH MORE LIGHT WOULD BE SHED BY SUCH AN
EVALUATION. AN EVALUATION OF SORTS NATURALLY IS GOING TO BE MADE BY
YOUR COMMITTEE AND YOUR STAFF AND PERHAPS THATIS AS MUCH OF AN
EVALUATION AS MIGHT BE NEEDED WITH THE INPUT THAT YOU RECEIVE FROM THESE
HEARINGS.
WE ARE CONCERNED ABOUT THE AVOWED VIEW THAT HAS BEEN EXPRESSED IS SO
MANY QUARTERS AND, AS I INDICATED. MR. QUARLES'S OWN VIEW AS STATED
BEFORE THE COMMERCE COMMITTEE, IS TOWARD THE DRASTIC RESTRICTION OF
SOURCE. THIS IS OF CONCERN TO US.
SENATOR DOMENICI. IT SEEMS TO ME THA THE COMPETITION THAT YOU REFER
TO OR THAT ALL OF YOU REFER TO IN THIS AREA AS THE CURATIVE MEANS OF
ABUSES SEEMS TO ME WHAT WE HAVESEEN IS COMPETITION FOR MORE AND BETTER
PACKAGING RATHER THAN ANY EMPHASIS AT AN ALTERNATIE OF LESS PACKAGING.
IF THE COMPETITION AT THE NATIONAL LEVEL IS ALL DIRECTED AT MORE OF
WHERE ARE WE GOING TO GET ANY ANALYSIS BY THE BUSINESS SECTOR AND A-Y
ATTEMPT BY THEM TO GO IN THEOPPOSITE DIRECTION AND OFFER SOME
ALTERNATIVES TO THE AMERICAN POEPLE? YOU SUBMIT THE PRIVATE SECTOR IS
GOING TO DO THAT? IS THAT GENERALLY WHEN THE ECONMICS ARE RIGHT? IS
THAT WHAT YOU ARE SUGGESTING?
MR. STINSON. YES, I THINK IT IS HARD FOR US TO GET AWAY -- AT LEAST
FOR ME, PERHAPS THEOTHER SPEAKERS HAVE DIFFERENT VIEW -- IT IS HARD FOR
ME TO GET AWAY FROMTHE FEELING THAT THE MARKETPLACE, THAT THE CONSUMER
AS A WHOLE,THE CONSUMER AS AWHOLE,ARE INTHE BEST POSITION TO PASS
THEJUDGMENTS THAT ARE NECESSARY TO MAKE WHATEVER FUNDAMENTAL CHANGES
MIGHT BE MADE.
I AM CONCERNED, SENATOR, AND ANY CITIZEN HAS TOBE CONCERNED
ABOUT THE ENORMITY OF THE PROBLEMTHAT HAS BUILT UP AND IG GOING
TO BUILD UP FURTHER AS OUR POPULATION INCREASES, OF SOLID WASTE
AND THE DISPOSAL OF IT,AND THEBEST USE OF NATURAL RESOURCES.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 041 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106856
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE INCREASE THAT YOU REFERRED TO SEEMS TO ME CERTAINLY TO BE LARGELY
A MATTER OF POPULATION INCREASE IN THE YEARS THAT YOU HAVE REFERRED TO
OF SOME 10 YEARS.
THE DOLLAR SIGNS I SUPPOSE ARE ALSO DRASTICALLY AFFECTED BY
INFLATION. BUT ONE THING, THERE ARE TWP ELEMENTS HERE THAT IT SEEMS TO
ME HAVE TO BE BORNE IN MIND IN ANY ASSESSMENT OF THE OVERALL ISSUE.
THE FIRST IS THATII DO NOT BELIEVE THERE IS ANY SHORTAGE OF NATURAL
RESOURCES. ANY APPROACH FROM THESTANDPOINT THAT WE ARE WASTING NATURAL
RESOURCES WHICH ARE IN SHORT SUPPLY CERTAINLY IN MY INDUSTRY WOULD BE
MISGUIDED.
THE OTHER ELEMENT THAT IT SEEMS TO ME HAS TO BE TAKEN INTO ACCOUNT
AND PERHPAS THE CONSUMER IS IN BEST POSITION TO TAKE ACCOUHNTOF IS HOW
IMPORTANT IS THIS CONVENIENT PACKAGING THAT WE, AS THE PRODUCERS, WHO
ARE INVOLVED IN THE PRODUCTION SIDE CONCEIVE TO BE EXTREMELY IMPORTANT
TO OUR WAY OF LIFE AND TO THE ESSENTIALS IN OUR WAY OF LIFE SUCH AS
FOOD.
SENATOR DOMENICI. WHAT SOURCE OF ENERGY DOES YOUR INDUSTRY USE TO
MIX WITH THE IRON OR TO MAKE STEEL? DO YOU USE COAL?
MR. STINSON. COAL ACCOUNTS FOR ABOUT -80 PERCENT OF OUR ENERGY
CONSUMPTION.
SENATOR DOMENICI. MUCH OF THAT WHICH IS PRODUCED USES ENERGY THAT IS
IN SHORT SUPPLY TODAY IN TERMS OF THE PACKAGING. ISN'T THAT RIGHT, EVEN
IF THE GLASS INDUSTRY AHS PLENTY OF SAND? THEY MUST USE SOME KIND OF
ENERGY. WE ARE ALL TALKING ABOUTAN INTERNATIONAL ENERGY CRISIS.
ARE YOU SUGGESTING THAT THE USE OF ENERGY IN MOVING FROMVIRGIN TO
USABLE PRODUCT IS NOT PART OF THE EQUATION?
MR.STINSON. I AM SUGGESTING THAT IN OUR OWN INDUSTRY THE
AVAILABILITY OF COAL IS SUCH AS TO GIVE US NO CONCERN AS TO THE FUTURE
AVAILABILITY INTHESUPPLY THAT IS NEEDED. AS YOU KNOW, THERE IS A CRUNCH
RIGHT NOW. THERC WILL BE FOR PERHAPS 2 YEARS, PERHAPS MORE, INOPENING
UP THE NECESSARY COAL MINES.
THE RESERVES ARE THERE IN ENORMOUS SUPPLY.
SENATOR DOMENICI. LET ME REPHRASE MY QUESTION WHICH YOU HAVE ALREADY
ANSWERED FOR THE OTHERS. I THINK IT WOULDBE MOREAPPLICABLE TO YOU.
COULD YOU DESCRIBE FOR US WHAT Y9U OR YOUR ASSOCIATES ARE SPENDING
EITHER AS INDIVIDUAL INDUSTRIES OR COLLECTIVELY ON SOURCE REDUCTION
EFFORTS SUCH AS DECREASEDPACKAGING AND INCREASED PRODUCT LIFE? WHAT
SUCCESSES HAVE YOU HAD THROUGH THESE EFFORTS INCUTTING DOWN THESOLID
WAST BURDEN?
MR.SPEIGEL. SENATOR, I BELIEVE THAT FOR THEPAPEBOARD PACKAGING
INDUSTRY THE MARKETPLACE HAS BEEN AN EXCELLENT GOVERNOR, IF YOU PLEASE,
OF WHETHER ORNOT THE PACKAGE SERVES A USEFUL PURPOSE.
WE CONSTANTLY AREBESET BY ALTERNATIVE PACKAGING. SO I THINK THIS IS
SIMPLY A WORKING OF THE FREE MARKETPLACE IT HAS BEEN OUR EXPERIENCE THAT
THECONSUMER IS A GOOD AND VERY DEFINITE JUDGE OF WHETHER OR NOT THIS
PACKAGE IS NECESSARY OR WHETHER SOME LATERNATIVE PACKAGING MEDIA WILL
SATISFY THEIR NEEDS.
DR. TESTIN. I WOLD LIKE TO EXPAND ON THATJUST A LITTLE BIT BECAUSE
WHEN WE TALK ABOUT SOURCE REDUCTION WE ARE REALLY TALKING ABOUT REDUCING
AMOUNTS OR SOME OF THE MATERIALS USED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 042 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106857
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
AGAIN, BECAUSE OF MARKET PRESSURES, THE ALUMINUM CAN, SINCE ITS
INTRODUCTION, AHS BEEN DECREASED INWIEGHT BY ABOUT A FACOTR OF 2 -- A
LITTLE BIT OVER A FACTOR OF 2. THE CAN TODAY WEIGHS ABOUT HALF OF WHAT
IT DID WHENIT WAS INTRODUCED IN THE MID-1960'S.
I THINKTHAT STEEL INDICATED THE SAME SOR T OF REDUCTIONS IN WEIGHT
ARE HAPPENINGTHERE. THESE ARE HAPPNEING BECAUSE OF THE MARKET
PRESSURES.
ON THE BROADER QUESTION, I WOULD LIKE TO ADDRESS MYSELF TO THAT ALSO
IF I MIGHT.
WE ARE TALKING ABOUT AN EXTREMELY CONPLICATED SYSTEM THAT DOES HAVE,
AS I INDICATED IN MY TESTIMONY ENVIRONMENTAL INPUTS TO IT OR SHOULD
HAVE.
WE ENDORSE THESE AS WELL AS THE COST PRODUCT PROTECTIONAND SALES
APPEAL ASPECTS THAT ARE TRADITIONALFOR THE PACKAGE DESIGNER. THEN WE
SUPERIMPOSE ON THAT PACKAGING SYSTEM THE SOCIAL AND ECONOMIC ASPECTS OF
SOCIETY ANDALL OF THESE, ENERGY WHICH YOU MENTIONED EARLIER GOES INTO
THE EQUATION.
IT IS AN EXTREMELY COMPLICATED EQUATION AND BOILS OUT ULTIMATELY IN A
COST IN THEMARKETPLACE.
I BELIEVE THE GENTLEMAN FROM PAPER INDICATED THAT BECAUSE OF THE
ENVIRONMENTAL CONSIDERATIONS WOOD WASTES NOW ARE GONG INTO PAPER PRODUCT
AS OPPOSED TO BEINGTHROWN AWAY.
THIS IS A WAY OF INTERNALIZINGCOSTS. ULTIMATELY AGAIN,IT DEPENDS ON
THE MARKETPLACE. I THINK THE CONCERN ONE HAS IN, LETS SAY, IN AN
ENVIRONMENTALREGULATIONALONE IS THAT INTHIS EXTEREMELY COMPLICATED
SITUATIONYOU LOOK AT IT FROM ONLY ONE ASPECT AND FROM THEOUTSIDE.
IT IS A VERY COMPLICATED EQUATION,THAT SOCIETY IS TODAY MAKING
JUDGMENTS ON AND ULTIMATELY SHOWING UP AS A MARKET PRICE. OUR CONCERN
IS THAT ONE WOULD ATTEMPT TO INFLUENCE THE MARKETPLACE FRM THE OUTSIDE
SEEING ONLY ONE SMALL ELEMENT OF THE TOTAL EQUATION.
I THINKTHAT IS THE CONCERN THAT WE WOUDL EXPRESS TO YOU INTHAT AREA.
SENATOR DOMENICI. COULD WE GO BACK TO ASK YOU A QUESTION, AND IF YOU
DON'T HAVE THE ANSWER. I WOULD APPRECIATE IT IF YOUR ASSOCIATION WOULD
TRY TO GATHER IT UP.
I AHVE A PARTICULAR CONCERN ABOUT THE NATIONAL DISPENDERS OF
HAMBURGERS BECAUSE I HAVE EIGHT CHILDREDN AND I SEEM TO GETLESS AND LESS
HAMBURGER AND MORE AND MORE PLASTIC CONTAINERS AND PAPER BAGS AND THE
LKE.
I WONDER IF ANYONE HAS AN ESTIMATE OF THE PERCENTAGE OF THE RETAIL
SALES PRICE IN A TYPICAL NATIONAL CHAIN OF THE TYPE I AM DESCRIBING. I
AM NOT INTENDING TO DEMEAN ANY OF THEM, THEY ARE GREAT. WHAT PERCENTAGE
OF THE RETAIL PRICE IS FOR DISPOSABLE PACKAGING?
HAS ANYONE DONE A STUDY ON THAT?
MR. SPEIGEL. SENATOR, I AM NOT AWARE OF IT. WE CAN TRY TO DEVELOP
SOME FIGURES FOR YOU OF THATTTYPE.
SENATOR DOMENICI. I THINK IF YOU DID AND YOU GOT THE REAL FACTS, IT
WOULD BE AMAZING, IT WOULD SEEM TO ME.
COULD YOU TRY TO GET THAT AND SEND IT TO THE COMMITTEE?
MR.SPEIGEL. YES, WEWILL TRY.
(THE FOLLOWING LETTER IS N RESONSE TO THE PRECEEDING COLLOQUY:).
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 043 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106858
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY, NEW YORK, N.Y. JULY 25,
1974.
MR.RICHARD GRUNDY. SENATE PUBLIC WORKS COMMITTEE,DIRKSON SENATE
OFFICE BUILDING WASHINGTON, D.C.
MR. SPEIGEL OF ALTON BOX BOARD COMPNAY, IN REPLY TO A QUESTION FROM
SENATOR DOMENICI, STATED THAT WE WOULD TRY TO OBTAINFIGURES SHOWING WHAT
PERCENTAGE OF THE COST OF HAMBURGERS AND OTHER FAST SERVICE FOODS IS
REPRESENTED BY THE PAPER AND PLASTIC PACKAGING. WE HAE WRITTEN TO ONE
OF THEMAJOR FOOD SERVICE CHAINS TO SEE IF WE CAN DEVELOP THIS SOR T OF
INFORMATION: AND AS SOON AS WEHAVE HEARD FROM THEM, I WILL BE IN
FURTHER TOUCH WITH YOU.
IF WE CAN SU-PLY ANY ADDITIONAL DATA, PLEASE LET ME KNOW.
RICHRAD J. WIECHMANN, SECRETARY.
AMERICAN PAPER INSTITUTE NEW YORK, N.Y. SEPTEMBER 23, 1974.
MR.RICHARD D. GRUNDY. COMMITTEE ON PUBLIC WORKS U.S.
SENATE,WASHINGTON,D.C.
THANK YOU FOR YOUR LETTER OF SEPTEMBER 6. AS I TOLD YOU I HAD
WERITTEN TO ONE OF THEMAJOR FAST-SERVICE FOOD CHAINS TO TRY AND GET AN
ANSWER TO SENATOR DOMENICI'S QUESTION.
FOR YOUR CONVENIENCE I AM ATTACHING COPIESOF (1) MY LETTER TO MR.
FRED TURNER, THE PRESIDENT OF MCDONALD'S CORPORATION; AND (2) A REPLY
FROM NORMAN D. ANELRAD, MCDONALD'S VICE PRESIDENT FOR PUBLIC AFFAIRS.
I AM NOT SURE THIS REPLY IS COMPLETELY RESPONSIVE TO THE QUESTIONS I
ASKED AND I AM ATTEMPTING TO OBTAIN INFORMATION FRM ANOTHER SOURCE. IF
I DO, I WILL BE IN TOUCH WITH YOU FURTHER IN THIS REGRD.
MEANWHILE, IF THERE IS ANY ADDITIONAL INFORMATION I CAN GET FOR YOU ,
PLEASE LET ME KNOW.
RICHARD J. WIECHMANN, DIRECTOR, ENVIRONMENTAL AFFAIRS.
AMERICAN PAPER INSTITUTE, NEW YORK, N.Y. JULY 25, 1974.
MR. FERD L. TURNER, PRESIDENT MCDONALD CORP.- OAK BROOK, ILL.
AT RECENT HEARINGS HELD BEFORE A SPECIAL PANEL OF THE SENATE PUBLIC
WORKDS COMMITTEE, SENATOR PETE V. DOMENICI ASKED QUESTIONS CONCERNING
THE COST OF THE PAPER PACKAGING FOR HAMBURGERSAND OTHER FAST SERVICE
FOODS. HE STATED:?
"I HAVEA PARTICULAR CONCERN ABOUT THE NATIONAL DISPENSERS OF
HAMBERGERS BECAUSE I HAVE EIGHT CHILDREN AND I SEEM TO GET LESS AND LESS
HAMBURGER AND MORE AND MRE PLASTIC CONTAINERSAND PAPER BAGGS AND THE
LIKE.
" I WONDER IF ANYONE HAS AN ESTIMTE OF THE PERCENTAGE OF THE RETAIL
SALES PRICE IN A TYPICAL NATIONAL CHAINOF THE TYPE I AM DESCRIGING -- I
AM NOT INTENDING TO DEMEAN ANY OF THEM. THEY ARE GREAT -- WHAT
PERCENTAGE IS DISPOSABLE IN THROWAWAY VERSUS WHAT YOU GET, WHAT YOU PAY
FOR WHAT YOU EAT. HAS ANYONE DONE A STUDY ON THAT?
THE WITNESS FOR THE PAPER INDUSTRY RESPONDED. "SENATOR I AM NOT AWARE
OF IT. WE CAN TRY TO DEVELOP SOME FIGURES FOR YOU OF THAT TYPE."
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 044 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106859
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR DOMENICI: " I THINK IF YOU DID AND YOU GOT THE REAL FACTS IT
WOULD BE AN AMAZING SET OF FACTS, IT WOULD SEEM TO ME. COULD YOU TRY TO
GET THAT AND SEND IT TO THE COMMITTEE?"
IN RESPONSE TO THIS REQUEST FROM SENATOR DOMENICI, I AM WERITING TO
SEE IF YOU COULD PROVIDE US WITH DATE HEARING ON THE COST OF PAPER AND
PLASTIC PACKAGING COMPARED WITH THE SELLING PRICE OF THE FOOD THAT YOUR
FINE ORGANIZATION SERVES.
I WOULD APPRECIATE ANY HELP YOU CAN GIVE ME IN THIS REGARD.
RICHARD J. WIECHMANN, DIRECTOR, ENVIRONMENTAL AFFAIRS.
MCDONALD'S CORP., OAK BROOK, ILL., AUGUST 23, 1974.
AMERICAN PAPER INSTITUTE, NEWYORK, N.Y.
ATTENTION: MR. RICHARD J. WIECHMANN, DIRECTOR, ENVIRONMENTAL AFFAIRS
YOUR LETTER OF JULY 25TH DIRECTED TO MR. TURNER INQUIRING ABOUT THE
COST OF PAPER PACKAGING FOR HAMBURGERS AND OTHER FAST-FOOD ITEMS HAS
BEEN REFERRED TO ME FOR RESPONSE. I WOULD FIRST LIKE TO COMMENT ON
SENATOR DOMENICI'S OBSERVATOINS ABOUT OUR PACKAGING IN THEFAST-FOOD
INDUSTRY. WHIEL WE APPLUAD SENATOR DOMENICI'S CONCERN FOR THE PROBLEM
OF WASTE MANAGEMENT, WE ARE SOMEWHAT TROUBLED BY HIS ASSUMPTION THAT
CUSTOMERS OF FAST-FOOD RETAILERS ARE SPENDING MORE AND MORE FOR PAPER
AND LESS AND LESS FOR PRODUCT.
MCDONALD'S CORPORATION, A S MUST BE THE CASE OF OTHER FAST-FOOD
BUSINESSES, ARE NOT INTHE BUSINESS OF SELLING PAPER.
WE ARE IN THE BUSINESS OFSELLING FOOD AND BEVERAGES WHICH BE
BE D ELIVERED TO THE CUSTOMER IN A CONVENIENT, SANITARY,
UNCRUSHED, AND HOT OR COLD CONDITION. PAPER COST,LIKE LABOR
COST, OR ANY OTHER COST OF DOING BUSINESS IS INTENSELY MONITORED
TO KEEP AT AT AN IRREDUCIBLE MINIMUM CONSISTENT WITH MAINTAINING
A HIGHSTANDARD OF OPERATION. OUR PAPER COST, AS A COMONENET
OR PERCENTAGE COST OF GOODS SOLD, AHS REMAINED RELATIVELY
CONSTANT OVER THE PAST FIFTEEN YEARS. IN FACT, OVE RTHE LAST
TWO YEARS, THE PERCENTAGE OF PAPER COST IN RELATION TO SALES PRICE
HS BEEN REDUCED. THIS HAS OCCURRED DESPITE THE DEMAND OF AN
ENLARGED MENU ANDINCREASED COST OF PAPER GOODS. WE ARE ALSO
AWARE THAT PACKAGING COSTS IN THE FAST-FOOD INDUSTRY, AS A RATIO
TOSALE PRICE OF PRODUCTS AND OTHERFOOD DISTRUBTION BUSINESSES, IS
AMONG THE LOWEST.
FOR YOUR INFORMATION, MCDONALD'S COMMISSIONED A STUDY BY THE IIT
RESEARCH INSTITUTE IN CHICAGO, ILLINOIS, ENTITLED "ENERGY CONSUMPTION
AND PACKAGING WASTE GENERATION FOR FOOD PREPARED AT A FAST FOOD OUTLET
AND AT HOME." THE STUDY DISCLOSED THAT TOTAL ENERGY CONSUMPTION OF A
"PER PERSONMEAL" AT HOME WAS APPROXIMATELY 30% HIGHER THAN A COMPARABLE
MEAT AT A TYPICAL MCODNLAD'S RESTUARANT. MOREOVER, PACKAGING
WASTEGENERATED WAS 0.22 POUNDS PER "PERSON MEAL AT HOME," VERSUS 0.15
POUNDS AT A MCDONALD'S OUTLET. SINCE THAT REOPRT (WHICH WAS CONCLUDED
IN MAY OF 1973), CONSIDERABLE PROGRESS HAS BEENMADE IN MCDONALD'S STORES
TO ADOPT ENERGY AND CONSERVATION MEASURES, PACKAGING REDESIGN, AND
SOURCE REDUCTION TO IMPROVE THOSE FIGURES.
THE NATIONALRESTAURANT ASSOCIATION HAS CONDUCTED SIMILAR INDUSTRY
WIDE SURVEYS ON ENERGY CONSUMPTIONAND SOLID WASTE GENERATIONFOLLOWING
THE FORMAT OF OUR REPOTT. YOU MAY CONTACT THE NATIONAL RESTAURANT
ASSOCIATION IN WASHINGTON,D.C. FOR FURTHER INFORMATION ON THE RESULTS
OF THOSE STUDIES. THEY WILL INCLUDE THE FIVE CATEGORIES OF RESTAURANT
BUSINESSES INCLUDING FAST-FOOD.
IF THERE IS ANY FURTHER INFORMATION WE CAN HELP YOU WITH, PLEASE DO
NOT HESITATE TO CALL.
NORMAN D. AXELROD, VICE PRESIDENT, PUBLIC AFFAIRS.
SENATOR DOMENICI. WE WILL CALL IT OUR HAMBURGE SECTION, OR
SOMETHING.
MR.EDWARDS. THE QUICK SERVICE FOOD MARKET IS AN AMAZING EXPANDING
MARKET FOR PAPER. I THINK YOU HAVE TO LOOK AT THE COST TO YOU TO FEED
YOUR FAMILY OF EIGHT CHILDREN AT THAT STAND EVEN THOUGH YOU ARE
CONSUMING A LARGE AMOUNT OF PAPER.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 045 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106860
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
SENATOR DOMENICI. I AM NOT A4GUING THAT I CANNOT DO ANY BETTER. I
AM JUST WONDERING IF THEY CAN DO BETTER WIHTOUT SO MUCH OF THE OTHER.
MR. EDWARDS. THE PAPER IS NECESSARY TO AUTOMATE THAT.
SENATOR DOMENICI. WE HAD SOMEONE LEFT OUT OF THE GENERAL QUESTION,
THE GLASS INDUSTRY.
MR. JONES. SENATOR, YOUR QUESTION WASTO ADDRESS OUR GLASS INDUSTRY
AND MORE SPECIFICALLY, OWNES-ILLINOIS; WHAT ARE WE DOING ABOUT RESOURCE
RECOVERY?
SENATOR DOMENICI. YES.
MR.JONES. WE ARE DOING A GREAT DEAL INTHE AREA OF LIGHT WEIGHTING,
WHICH WILL USE LESS MATERIAL ANDUSE LESS FUEL. WE ARE DOING A GREAT
DEAL IN THE AREA OF FUEL CONSERVATION AND THEREFORE ENERGY CONSERVATION
IN THE MELTING OF GLASS.
SPEAKINGFOR MY OWN COMPAY,WE WILL SPEND ABOUT $50 MILLION THIS YEAR
ON RESEARCH, MOST OF WHICH IS FOR GLASS INTERESTS, PART OF WHICH IS FOR
OTHER INTERESTS OF OWNES-ILLINOIS.
ADDRESSING MYSELF TO AN EARLIER QUESTION, IF I MAY, I THINK THE
MARKETPLACE ITSELF IS STUDYING ALTERNATE PACKAGING DAY IN AND DAY OUT AS
COMPETITION EXITS, GOES OB BETWEEN COMPETING COMPANIES AND COMPETING
INDUSTRIES.
I COLD RELAY THE OLD MILK BOTTLE STORY, PERHAPS, THAT WAS THE BEST
RECYCLAB,ESYSTEM THAT EVER EXISTED.
SENATOR DOMENICI. THE WHICH?
MR. JONES. THE MILK BOTTLE, IT WAS A PERFECT RECYCLE LOOP AND
EXISTED FOR A GREAT NUMBER OF YEARS. IT WENT OUT OF EXISTENCE BECAUSE
THECONSUMER AND THE RETAILER AND THE SYSTEM OF DISTRIBUTION NO LONGER
FELT IT WOULD BE VIABLE.
MOST OF THE TALK OF SOURCE REDUCTION IS ORIENTED AS YOU KNOW TO SOFT
DRINKS AND BEER. IT REALLY IS A BORADER PROBLEM IN OUR JUDGMENT THAN
ADDRESSING ONLY SOFT DRINKS AND BEER. THINKOF PICKLES, BABY FOODS,
CATSUPS,MEDICINES,AND ON AND ON. THAT ARE LLL IN ONE TRIP CONTAINRES.
SENATOR DOMENICI. DIDYOU ALREADY TESTIFY AS TO HOW MANY TIMES A
BOTTLE THAT IS REUSABLE CAN BE REUSED?
MR. JONES. YES.
SENATOR DOMENICI. WHAT WAS THAT NUMBER AGAIN?
MR. JONES. INECESARILY HEDGED BECAUSE THE TRIPPAGE FACTORS ARE SIMPLY
NOT ON AN ACCURATE BASIS. IT BAN BE REUSED 40 TO 50TIMES PHYSICALLY.
SENATOR DOMENICI. JUST TWOOR THREE MORE QUESTIONS. I AM SORRY TO
KEEP YOU SO LONG.
MR.STINSON, IN YOUR STATEMENT YOU INDICATE THAT THIS LIMITED PROGRESS
UNDER THE ACT IS DUE IN PART TO INADEQUTE FUNDING BY THEADMINISTARTION
AND IN PART TO LACK OF DEMONSTRATED TECHNOLOGY.
THEN YOU SAID NOW THE TECHNOLOGY EXISTS TO RECOVER ENERGY AND
RESOURCES FROM MUNICIPALREFUSE ACROSS THE ENTIRE UNITED STATES.
I DON'T QUITE UNDERSAND WHAT YOU WERE TRYING TO SAYNIN THAN. DID WE
DRAG OUR FEET? IS THAT WHAT YOU ARE SAYING BUY WE ARETHERE NOW?
MR.STINSON. THERE ARE TWO PARTS TO WHAT WAS SAID. THE FIRST IS ON THE
FUNDING BY THE ADMINISTARTION. I CAN;T REALLY GIVE YOU AN ACCURATE
APPRAISAL AS TO THE WHY OF THAT. IT DID GO MUCH SLOWER THAN THE 1970
ACT CONTEMPLATED.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 046 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106861
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
ON THE SECOND PRONG OF WHAT I HAVESAID HERE ABOUT TECHNOLOGY
TREMENDOUS PROGRESSS HAD BEN MADE IN THAT 4-YEAR SPAN IN DEVELOPING THE
KINDS OF EQUIPMENTTHAT ARE NEEDED TO SEPARATE MAGNETICALLY THE FERROUS,
TO SEPARATE ALUMINUM, TO SEPARATE GLASS.
THAT HAS TAKENQUITE A LOT OF WORK. HE NATIONAL CENTER FOR RESOURCE
RECO-ERY WITH WHEN YOU MAY BE FAMILIAR HAS HAD A VERY IMPORTANT INPUT ON
THIS.
THE EQUIPMENT MANUFACTURERS AND DESIGNERS THEMSELVES HAVE HAD AN
IMPORTANT IN;UT, BUT IN THAT 4-YEAR SPAN WE HAVE NOW COME TO A POINT
WHER A PACKAGE OF EQUIPMENT CAN BE PUT IN PLACE TO DO THE KIND OF THING
THAT IS NOW BEING ROUTINELY DONE IN ST.LOUIS.
SENATOR DOMENICI. SO I TAKE IT THAT YOU SU-PORT THE SUBSTANCE IN ANY
OF THE BILLS WHICH WILL INCREASE THE GRANTS AND LOANS FOR THESE PACKAGE
TYPE RESOURCE RECOVERY AND CONVERSION TYPES O F FACILITIES AT VARIOUS
PARTS OF THE COUNTRY, THAT YOU THINKTHE TIME AHS COME WHEN THEY CAN
ACTUALLY BUILD THEM AND YOU SUPPORT SOMEKIND OF INCENTIVE GRANT OR
ASSISTANCE FOR THESE PROJECTS. IS THAT RIGHT?
MR. STINSON. I DO INDEED, SENATOR.
SENATOR DOMENICI. AND YOUR EXPERIENCE WOULD INDICATE THAT THE
GOVERNREMENT IS GOING TO HAVE TO BEINVOLVED INHELPING WITH THE CAPITAL
ALONGWITH CERTAIN ASPECTS OF TECHNOLOGY FOR THIS TO REALLY GORW IN THIS
COUNTRY? I S THAT WHAT YOU ARE TELLING US?
MR. STINSON. YES. OUR EXPERIENCE SO FAR WOULD INDICATE THAT THE
MUNICIPALITIES SIMPLY DON'THAGETHE CAPITAL THAT PRIVATE CAPITAL CAN'T BE
BROUGHT INTOTHE FIELD TO TAKE IT ON WITHOUT A LITTLE MORE EXPERIENCE
WITH IT.
SENATOR DOMENICI. I TAKE I T THEN YOU ALSO AGREE THAT THIS KINDOF
RESOURCERECOVERY OR RESUSE FACILITY FOR URBAN AMERICA SHOULD BE PART OF
A SOLID WASTE DISPOSAL PROGRAM FOR THE COMMUNITY OR REGION ANDYOU
SUPPORT THE REQUIREMENT THAT STATES BEGIN TO PLAN FOR THIS KIND OF SOLID
WASTE DISPOSAL ANDSOLID WASTE TREATMENT? IS THAT CORRECT?
MR.STINSON. YES,I WOULD GO FURTHER THAN SAYING I SUPPORT IT.
SENATOR, I DON'T SEE ANY VIABLE ALTERNATIVE. IT SEEMS TO ME THIS IS THE
REAL HEART OF TACKLINGFOR THE FIRST TIME, MEANINGFULLY THE P-ROBLEM OF
SOLID WASTE DISPOSAL.
SENATOR DOMENICI. IN OTHER WORDS, WE JUST CAN'T PLUNG DOWN A BIG
PLANT ON REUSE OR CONVERSE, IT HAS TO B E A PART OF THE OVERALL PLANFOR
SOLID WASTE DISPOSAL IF IT IS GOING TO FUNCTION I A COMMUNITY. IS THAT
WHAT YOU ARE SAYING?
MR.STINSON. RIGHT.
SENATOR DOMENICI. HAGEWE MADE AS MUCH HEADWAY IN SEPARATION AS WE
HAVE IN CONVERSION?
MR. STINSON. THE SEPARATION PROBLEMS, AS I UNDERSTAND THEM -- AND I
APPROACH THIS WIHOUT ENOUGH TECHNOLGOICAL BACKGRONDTO BE AN EXPERT --
THE SEPARATION PROBLEMS AS I UNDERSTAND IT, ARE SOLVED AT THIS POINT.
I AMSURE THEY WILL BE REFINED AS WE GO ALONG AND PRODUCE IN MASS
QUANTITIES, BUT AT THIS POINT THEY ARE FAREENOUGHT ALONG SO THAT I THINK
EQUIPMENTMANUFACTURES FEEL THAT THEY WILL WORK VERY ADEQUATELY. THIS
HAS BEEN THEEXPERIENCE WITH THOSE WHO ARE NOW USING THEM.
SENATOR DOMENICI. I HAVEONE LAST QUESTION FOR WHOMEVER FEELS
QUALIFIED TO ANSWER IT OR MORE THAN ONE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 047 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106862
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
WE HAD SOME TESTIMONY YESTERDAY WHICH EXPRESSED A SEROIUS
WE HAD SOME TESTIMONY YESTERDAY WHICH EXPRESSED A SEROIUS CONCERN
ABOUT MOVING TOOQICKLY AND IN TOO BROAD A FRONT IN THE AREA OF
CONVERTINGOUR SOLID WASTE TO ENERGY FROM THE STANDPOINT THAT THIS WOULD
JUST INCREASE THE CYCLE OF USE.
IT WOULD BE A STIMULUS TO MOREUSE BECAUSE WE WOULD BURN IT AND TURN
IT INTO ENERGY.
DO YOU HAVEANY OBSERVATIONS ABOUT WHETHER OR NOT EHRE
1WOULD STILL BE ADEQUATE WASTE TO BURN OR CONVERT EVEN IF WE
WERE TO REMOVE ALLOF THEUSABLE OR RECYCLABLE MATERIAL AND
THAT WERE PRESENTLY AWARE OF FROM THESOLID WASTE?
MR. SPIEGEL. I CANANSWER THAT FROM THE PAPER INDUSTRY STANDPOINT,
SENATOR. WE BELIEVE THAT THERE WOULD BE A CERTAIN PERCENTAGE OF THE
PAPER IN THE SOLID WASTE STREAM THATWOULD BE SO CONTAMINATED THAT IT
WOULD BE UNECONOMICAL FOR US TO TRY TO RECYCLE IT AND IT WOULD BE OF
GREATER ECONOMIC VALUE TO THE COUNTRY TO BE USED AS BOILER FUEL IN THE
GENERATIN OF ENERGY.
SENATOR DOMENICI. I DON'T KNOW THAT ANY OF THE OTHERS HAVE ANY FEEL
FOR THE QESTION. DO YOU HAVE ANY THOUGHT OR OBSERVATION ON IT?
DR. TESTIN. I BELIEVE WE ARE TALKING ABOUT AN INTEGRATED SYSTEM
HERE, THOUGH, IN WHICH THE MATERIALS THAT CAN BE AS REUSED EITHER
DIRECTLY INTO PRODUCTS OR ITO BYPRODUCTS WOULD BE REMOVED LEAVING AN
ORGANIC RESIDUE.
THE MOST PRACTICAL SOLUTION IN THE IMMEDIATE FUTURE IS ENERGY
RECOVERY. IT IS SMART TO CONSIDER THIS IF YOU HAVE A POWER BOILER WITH
ASH REMOVAL CAPABIOLTIES. SO YOU PUT IT IN THERE. IT DOES NOT MEAN
THTA THERE ARE NOT OTHER THINGS WE MIGHT WISH TO DO IN THE FITURE
WITHTHAT ORGANIC FRACTION.
IT IS A GOOD SOLUTIONTODAY, COUPLED WITH PREREMOVAL AND RECYCLIHG OF
THE METALS AND GLASS.
SENATOR COMENICI. I THINKTHE CONCERN MIGHT, FROMT HE PRACICAL
STANDPOINT,BE SOMETHIGN LIKE THIS: A MAJOR METROPOLITAN AREA SETS UP A
CONVERSION PLANT REQUIRING TONS OF CONVERSION MATERIALS; ANDTHAT AS
THAT CAPACITY OF THAT PLANT GREW THE REQUIREMENT GREW AND THAT WE MIGHT
IN LIEU OF TAKING OUT PAPER AND USING IT ASA REUSE PAPER THAT WE MIGHT
BE STUCK WITH THE PROPOSITION OF BURNING WHAT WE COULD REUSE.
DR.TESTIN. I THINK YOU WOULD TAKE IT OUT AND PUT IT INTO TAHT AREA
WHICH WAS THE HIGHEST VALUES.
SENATOR DOMENICI. AS A MATTER OF FACT, THE QUANTITY IS ALWAYS
GROWING ANYWAY. WE ARE NOT GOING TO MAKE SIGNIFICANT STRIDES IN THAT
REGARD. SO THERE PROBABLY WOULD BE AN EXCESS IN ANY EVENT.
DR.TESTIN. I THINKWHETHER IT IS IN EXCESS OR NOT IS NOT NECESSARILY
RELEVANT. I THINK THAT WHETHER ONE OWULD UTILIZE THE ORGANIC FRACTION
OR AN ENERGY SOURCE OR WHETHER ONE WOULD USE IT FOR A PRODUCT OR
BYPRODUCT WOULD BE DICTATED BY THE PRICE THAT PEOPLE WANT TO PAY FOR IT.
MR. JONES. SENATOR. I WOULD LIKE TO ATTEMPT TO ANSWER WITH A
SPECIFIC. IN FRANKLIN, OHIO, WHERE THERE IS AN OPERATING RESOURCE
RECOVERY SYSTEM, TAKING ALL OF THE HIGH VALUE MATERIALS OUT OF IT, THE
STEEL,ALUMINUM, AND GLASS, THEY STILL HAVE 30 TO 35 PERCENT RESIDUE
REMAINING IN ORGANICS, FOOD WASTES, LAWNCLIPPINGS, WASTEWOOD, AND SO ON,
WHICH PROVIDES THE INCENTIVE FOR ENERGY OUT OF THE RESIDUE THAT IS A
SPECIFIC EXAMPLE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 048 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106863
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
MR. SPEIGEL. THAT IS ABOUT THE SAME EXPERIENCE THAT THEY ARE HAVING
WITH THE PROJECT IN ST. LOUIS, SENATOR.
SENATOR DOMENICI. I THANK YOU. I HAVE NO MORE QUESTIONS. WE
PROBABLY WILL ACCEPT THE OFFER IN MOST OF YOUR STATEMENTS FOR A
CONTINUING LIASON BETWEEN THE STAFF AND YOU PEOPLE AS THE BILLS DEVELOP
AND WE APPRECIATE YOUR WILLINGNESS TO PASS FURTHER JUDGMENT AS WE
PROCEDD THROUGH THE LEGISLATION.
I THANK YOU ALL VERY MUCH FOR YOUR PATIENCE.
(MR. JONES SUPPLIES THE FOLLOWING INFORMATION:).
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 049 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106864
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
JULY 23, 1974
SENATOR PETE V. DOMENICI ROOM 1251 NEW SENATE OFFICE BUIDLING
WASHINGTON, D.C. 20510
ON JULY 10, 1974, I HAD THE PRIVILEGE TO JOIN SEVERAL OTHER INDUSTRY
REPRESENTATIVES IN AN APPEARANCE BEFORE THE PUBLIC WORKS COMMITTEE'S
SOLID WASTE LEGISLATIVE PANEL.
DURING THE QUESTION AND ANSWER PERIOD FOLLOWING OUR TESTIMONY,
SEVERAL QUESTIONS WERE RAISED WHICH INDICATED ADDITIONAL INFORMATION
MIGHT BEHELPFUL TO THE PANEL IN THEIR CONSIDERATION OF THE SOLID WASTE
LEGISLATIONBEING REVIEWED.
I AM ENCLOSING A COPY OF AN OWENS-ILLINOIS POSITION PAPER ENTITLED,
"GLASS CONTAINERS -- THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS." THIS PAPER ATTEMPTS TO POSITION THE GLASS CONTAINER IN
RESPECT TO SUCH ENVIRONMENTAL QESTUIONS AS ENERGY,RESOURECE
CONSERVATION, SOLID WASTE, LITTER, PRODUCT SAFETY AND HEALTH,AIR AND
WATER POLLUTION, ECONOMICS AND LABOR, AS WELL AS CHANGING LIFE STYLES.
ON THE SECONDPAGE WE HAV EXCERPTED FROM A DETAILED STUDY, ENERGY USE
INFORMATION FOR VARIOUS ALTERNATIVE PACKAGING SYSTEMS. THIS INFORMATION
WAS SPECIICALLY REQUESTED DURING THE JULY 10 HEARING.
I AM ALSO ENCLOSING A COPY OF "PACKAGING IN PERSEPCTIVE." THIS STUDY
WAS PREPARED FOR OUR COMPANY AND OTHERS IN THE PACKAGING INDUSTRY ABY
THE ARTHUR D.LITTLE CONSULTINGFIRM. IT CONSISTS OF THREE SECTIONS: AN
EXECUIVE SUMMARY, PP. S-1 THROUGH S-15; PART ONE,THE ROLE OF PACKAGING
IN OUR ECONOMY AND OUR SOCIETY, PP. 1 THROUGH 192; AND, PART TW-,
THEROLE OF PACKAGING IN SOLID WASTE MANAGEMENT. PART TWO WAS PREPARED
FROM INFORMATION SUPPLIED BY THE NATIONALCENTER FOR RESOURECE RECOVERY
AND DEALS WITH THEMORE TECHNICAL ASPECTS OF SOLID WASTE MANAGEMENT. THE
EXECTUIVE SUMMARY AND PART ONE DESCRIBE THE COMPLEXITY OFTHE PACKAGING
INDUSTRY FROM VARIOUS POINTS OF VIEW; RAW MATERIAL PRODUCERS, PACKAGE
MANUFACTURERS, FOOD PACKAGING, RETAILERS ANDTHE DISTRIBUTION SYSTEM.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 050 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106865
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
PLEASE LET ME KNOW IF OWENS-ILLINOIS CANFURNISH ANY ADDITIONAL
INFORMATION OR ASSISTANCE TO THE STAFF. WE WOULD BE MOST HAPPY TO DO SO
AS THE IMPORTANT LEGILATION NOW UNDER CONSIDERATION WILLHAVESUBSTANTIAL
BUSINESS AFFECTS ON OUR COMPANY.
THANK YOU FOR THE OPPROTUNITY TO APPEAR BEFORE THE PANEL. I HOPE THE
ENCLOSED INFORMATION WILL BE HELPFUL.
EBON C.JONES
CC: MESSRS. J.S. ANDREWS . . .OWENS-ILLINOIS, INC. J. P. GLEASON .
. . " " " C.L.NELSON . . . " " " K.G. VANTINE . . . " " " D.A. WARD . .
. " "- ".
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 051 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106866
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
OWENS-ILLINOIS ENVIRONMENTAL AFFAIRS DEPARTMENT SPRING, 1974.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 052 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106867
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
I. INTRODUCTION
ALTHOUGH OWENS-- ILLINOIS HAS BEEN DEWALING WITH THE ENVIRONMENTAL
IMPACTS OF ITS MANUFACURING PLANTS AND PRODUCTS FOR A LONG TIME , OUR
CORPORATE POLICY ON POLLUTION WAS FIRST FORMALLY PUBLISHED IN 1966.
THIS POLICY GAVE POLLUTION CONTROL THE SAME IMPORTANCE IN OUR BUSINESS
OPERATIONSAS MANUFACTURING EFFICIENCIES, SAFETY,MATERIALS AND LABOR
COSTS, AND OTHER FACTORS AFFECTING THE PROFITABLE GROWTH OF OUR COMPANY.
THIS POLICY, AND PAST AND PRESENT APPLICATIONS OF IT, HAS WONFOR OUR
COMPANY A NUMBEROF NATIONAL AWARDS FROM BOTH THE PRIVATE AND PUBLIC
SECTORS.
UNFORTUNATELY, DESPITE OUR SINCERE EFFORTS TO COPE WITH OUR INTERNAL
AND EXTERNAL ENVIRONMENTAL PROBLEMS, WE HAVE SEEN UNIQUE EXTERMAL
CONSIDERATIONS COME TO THE FOREFRON T IN RECENT YEARS. BASICALLY, THESE
HAVE BEEN ATTEMPTED TO LEGISLATE BANS, RESTRICTIBE ERGULATIONS, OR OTHER
CONTROLS ON TBE PRODUCTS WHICH WE MANUFACTURE -- SPECIFICALLY IN THE
PACKAGING AREAS OF OUR BUSINESS.
AS WE HAVE ATTMEPTED TO ANALYZE AND RACT TO THE EXTERNAL PRESSURES
IMPACTING ON OUR PACKAGING BUSINESS HAVE CONCLUDED THAT CAN BE DEALT
WITH INDEPNDENTLY. EACH HAS "QUALITY OFLIFE" SOCIAL AND ECONOMIC
CONSIDERATIONS WHICH REPRESNT HIGHLY COMPLEX, INTER-RELATED, OFTEN
MUTUALLY EXCLUSIVE, SETS OF OBJECTIVE WITH CONSTANTLY CHANGING
PRIORITIES. CONVERSELY, WE HAVE DISCOVERED THAT NO ONE PACKAGING
PRODUCT SEEMS TO SATISFY ALL "QUALITY OF LIFE" CRITERIA. ONE LOGICAL
HYPOTEHSIS IS THAT LEGISLATION WHICH EFFECTIVELY REMOVES OR OTHERWISE
REGULATED PRODUCTS IN THE MARKETPLACE IN RESONSE TO ONE OBJECTIVE (E.G.
AIR POLLUTION) MAY ACTUALLY BE A DETREMIENT TO ANOTHER "QUALITY OF LIFE"
CONCERN (E.G. ENERGY). AUTOMOTIVE EMISSION CONTROLS AND THEIR
PENALIZING EFFECT ON GASOLINE MILEGAE WOULD BE BUT ONE EXAMPLE OF THIS
RELATIONSHIP.
IN RESPONSE TO "QUALITY OFLIFE" CONSIDERATIONS WE WILL ATTEMPT IN
THIS PAPER, TO POSITION ONE OF OUR PACKAGING PRODUCTS, THE GLASS
CONTAINER FOR SOFT DRINKS AND BEER, IN TERMS OF THE ENVIRONMENTAL OR
SOCIAL CONCERNS ABOUT
A. ENERGY
B. RESOURCE CONSERVATION
C. SOID WASTE
D. LITTER
E. PRODUCT SAFETY AND HEALTH
F. AIR AND WATER POLLUTION
G.ECONOMICS AND LABOR
H. CHANGING LIFE STYLES
ALTHOUGH NOT ITS PRIMARY PURPOSE, THIS PAPERWILL ALSO BREIFYLY TREAT
THE ROLE OF PACKAGING IN IOUR SOCIETY, ONLY BECAUSE THE GLASSCONTAINER
IS, AND HAS BEEN, A MAJOR FACTOR IN THAT INDUSTRY FOR GENERATIONS.
II. SPECIFICS
CURRENTLY, HIGH PRIORITY IS BEING PLACED ON ENERGY CONSIDERATIONS,
AND RIGHTLY SO. HOWEVER, THE ENERGY/PACKAGING RELATIONSHIP IS ONLY ONE
OF THOUSZNDS OF COUNTER BALANCES WHICH MUST BE ADDRESSED IN THEENERGY
AREA. ONE CURRENT APPROACH TO THE ENERGY SITUATIONFOCUSES ONTHE PRODUCT
RESULTING FROM THE MANUFACTURING PROCESS. THE QUESTION OF PROPER ENERGY
MANAGEMENT MUST BE EXAMINED WITH EXTREME CAUTION.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 053 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106868
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE END-PRODUCT APPROACH IMPLIES THAT ENERGY SHOUDL BEWITHHELD FROM
CERTAIN PRODUCERS OR SERVICES BECUASE OF THE ITMES BEING MANUFACTURED,
OR SERVICES BEING OFFERED, THIS INVOLVES VALUE JUDGMENTS ON THE PART OF
GOVERNMENTAL AGENCIES OR GROUPS, WITHOUT EVALUATIONOF CONSUMER
PREFERENCES AND OTHER IMPORTANT CONSIDERATIONS. AN END-PRODUCT ENERGY
CENCEPT WOULD REIGMENT OUR ECONOMY BY LOGICALLY AND LEGALLY REQUIRING
GOVERNMENTAL EVALUATION OF THE ENREGY REQUIREMENTS OF THE VAST NUMBER OF
PRODUCTS AND SERVICES PRODUCED BY AMERICAN INDUSTRY. IT IS QUESTIONABLE
THAT OUR CO-NTRY COULD ENDURE THIS PROCEDURE, EVEN IF IT WERE
ADMINISTRATIVELY POSSIBLE. WHO HAS THE WISDOM NECESSARY TO WEIGHT THE
ULTIMATE VALUE TO OUR SOCIETY OF THE MANY GOODS AND SERVICES DEMANDED BY
THE CONSUMING PUBLIC?
THERE IS NO QUESTION THAT OUR WOLRD HAS A FINITE SUPPLY OF FOSSIL
FUELS. MANY STUDIES HAVE BEEN PERFORMED TO MEASURE WHAT SHARE OFTHIS
RESERVOIR IS BEING CONSUMED BY PACKAGING. ALTHOUGH RESULTS OF THESE
STUDIES VARY, THE GENERAL CONCLUSION IS THAT IF A COMPLETERANSITION TO A
"RETURNABLE" PACKAGING SYSTEM FOR BEER, SOFT DRINKS AND MILK WERE
POSSIBLE, AND ASSUMING EXTREMELY HIGH RETURN RATES, THE RESULTING
SZVINGS IN ENERGY CONSUMPTION HAVE BEEN ESTIMATED AT LESS THAN 20/100 OF
ONE PER CETN. LATER IN THIS PAPER WE WILL DEAL WITH THE NEGATIVE
IMPACTS ON THE QUALITY OF LIFE THAT WOULD ACCOMPANY SUCH A CHANGE.
WITH THESE CAVEATS IN MIND, HOW DOES THE GLASS CONTAINER TO OTHER
PACKAGES ON THE CONSUMPTIONOF BTU'S? A WELL KNOWN
CONSULTINGFIRM,EMPLOYEDBY OWNES-ILLINOIS, HAS CONDUCTED AN EXHAUSTIVE
STUDY WHICH EXAMINED ENERGY CONSUMPTION BEGINNING WITH THE MINING OF RAW
MATERIALS AND EXTENDING THROUGH THE MANUFACTURING,FILLING, DISTRIBUTION,
CONSUMPTION, AND FINAL DISPOSAL OF THE VARIOUS BEER AND SOFT
DRINKPACKAGING SYSTEMS. AS AN EXMAPLE, THE SOFT DRINK COMPARISON IN THE
STUDY SHOWS THEFOLOOWING:
12-OUNCE CAPACITY SOFT DRINKS SYSTEMS ONE MILLION GALLONS OF
BEVERAGES PRODUCED AND CONSUMED (INCLUDING BODIES, TOPS, AND ASSOCIATED
PACKAGING)
TABLE OMITTED
THE PRECEDING COMPARISONSHOWS HOW GLASS STACKS UP IN A 12-OUNCE SOFT
DRINKCOMPARISON. AS LARGERBOTTLES ARE USED (16 OZ. , 32OZ., 48 OZ., OR
64 OZ.,), GLASS USES LESSAND LESS ENERGY PER MILLION GALLSON OF SOFT
DRINK. THIS RESULTS PRIMARILY FROM THE REDUCED NUMBER OF CLOSURES
REQUIRED AND LESS GLASS EIGHT PER OUNCE OF CAPACITY FOR A GIVEN VOLUME
OF BEVERAGE PACKED.
A SIMILAR COMPARISON FOR 12 OZ. BEER CONTAINERSINDICATES AN EVEN
MOREFAVORABLE ENERGY CONSUMPTION PROFILE FOR THE VARIOUS GLASS CONTAINER
SYSTEMS DUE LARGELY TO LOWERGLASS WEIGHT.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 054 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106869
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
ANOTHER CURRENTLY POPULAR APPROACH IN ATTEMPTING TO ANALYZE THE
ENERGY SITUATION HAS BEEN TO MAKE VARIOUS COMARISONS OF PRODUCTS AND
THEIR ENERGY IMPACTS. SINCEMOST OF THESE PRODUCTS SERVE DIFFERENT
HUMANNEEDS, MISLEADING FROM THE "QUALITY OF LIFE" OR LIFE STYLE
VIEWPOINT. FOR EXAMPLE, THE AVERAG AMERICAN FAMILY PURCHASES ABOUT
3,000,000 BTU'S IN THEFORM OF GLASS BOTTLES EACH YEAR. AT AVERAGE
CURRENT GAS RATS, THE COST OF THIS ENERGY IS $3.10. THIS COST COMPARES
WITH OTHER FAMILY EXPENDITURES FOR ENERGY CONSUMING ITEMS AS FOLLOWS:
TABLE OMITTED
SUCH COMARISONS AS THIS SERVE VERY LITTLE PURPOSE, SINCE A FULL
EVALUATION OF A PRODUCT'S VALUE MUST CONSIDER MUCH MORETHAN ENERGY
ALONE.
B. RESOURCE CONSERVATION
OURNATION IS BEING PLAGUED WITH SHORRAGES OF CRITICAL MATERIALS.
FOSSIL FUELS AND FEED STOCKS, CHEMICALS, FERROUS AND NONFEROUS METALS
ARE CURRENTLY IN SHORT SUPLY. THESE SHORTAGES COMPUND OUR NATION'S
BALANCE OF PAYMENTSPROBLEMS. THEY ALSO PUT US, IN SOME CASES, AT THE
MERCY OF FOREIGN INTERESTS AND POWER GROUPS.
CURRENTLY, THE GLASS INDUSTRY IS SUFFERING FROMA TEMPORARY SHORTAGE
OF SODA ASH USED INTHE GLASS MAKINGPROCESS. MOST OF THIS DIFFICULTY HAS
BEEN CREATEDBY SODA ASH PRODUCTION PROBLEMS, RATHER THAN CAPACITY
PROBLEMS. THIS SHORTAGE SITUATION WILL CORRECT ITSELF IN THE MONTHS TO
COME.
SUBSTANTIAL SODA ASH EXPANSIONSARE BEING CONSTRUCTED, OR HAVE BEEN
ANNOUNCED FOR WYOMING AND SEARLES LAKE, CALIFORNIA. IT HAS BEEN
ESTIMATED THAT TRONA ORE DEPOSITTS IN THE STATE OF WYOMING ALONE ARE
SUFFICINT TO MEET THE CURRENT LEVEL OF TOTAL SODA ASH DEMANDS FOR
APPROXIMATELY 3,000 YEARS.
THE DOMINANT RAW MATERIAL FOR GLASS, HOWVER, IS SAND, SAND IS ONE FO
THE WORLD'S MOST ABUNDANT RESOURECES. THE GLASSMAKINGPROCESS CONVERTS
SAND TO GLASS. THE SIMPLE GRINDING OF WASTE GLASS CONVERTS IT BACK TO A
SAND-LIKE RESOURCE AND,IN TURN, TO GLASS AGAIN. THE GLASS DOES NOT
DETERIORATE OR DEGRADEAT ALL INTHEPROCESS. WE WILL NEVERHAVE TO FEAR
THAT THE RAW MATERIALS FOR THIS INDUSTRY WILL BE CONTROLLED FROM A
SUPPLY OR RICE STANDPOINT BY SOME FOREIGN-BASED PRESSURE GROUP.
C. SOLID WASTE
AS IN THE ENERGY QUESTION, GLASS CONTAINERS REPRESENT A SMALL PART OF
THE SOLID WASTE PROBLEM, TREATMENT OF MUNICIPAL SOLID WASTE - GARBAGE -
IS DWARFED BY THE MUCH LARGER PROBLEM OF MINING AND AGRICULTURAL SOLID
WASTES.
ADDRESSING THE MUNICIPAL SOLID WASTE PROBLEM ALONE, NUMEROUS STUDIES
INDICATE THAT ALL GLASS REPRESENTS APPROXIMATELY 9 PERCENT OF OUR
GARBAGE. ABOUT TWO-THIRDS, OR 6 PERCENT, OF THIS SMALL PERCENTAGE
CONSISTS OFGLASS CONTAINERS,AND ONLY ABOUT 2 PER CENT OF TOTAL MUNICIPAL
REFUSE CONSI-TS OF NONERTURNABLE.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 055 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106870
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
BEER AND SOFT DRINKS. IN PERSPECTIVE THEN, LEGISLATION DEALING WITH
NONRETURNABLE BOTTLES ADDRESSES ONLY A MINUTE PERCENTAGE OF THE
MUNICIPALSOLIDWASTE PROBLEM -- WHICH IN ITSELF IS ONLY A PORTION OF THE
NATION'STOTAL SOLID WASTE CONSIDERATIONS.
OWENS-ILLINOIS FELES THA T THEONLY LOGICAL SOLUTION TO THE TOTAL
MUNICIPALSOLID WASTE PROBLEM IS RESOURCE RECOVERY. THIS SHOULD ENTAIL
THE RECOVERY OF ENERGY FROM WASTE, AS WELL AS THE RECOVERY OF FERROUS
AND NON-FERROUS METALS, PAPER FIBERS, AND GLASS. IN LOCATIONS WHERE
PRESENT ECONOMICS AND MARKET CONDITIONS FAVOR SNATIRY LANDFILLS, GLASS
PRESENT NO PROBLEMS BECAUSE IT IS INERT, NONBIODEGRADABLE, COMPACS, AND
CANNOT CREATE AIR OR WATER POLLUTION THROUGH DECOMPOSITION AND LEACHING.
THE EXTENSIVE VOLUNTARY RECYCOING EFFORTS OF THE GLASS
INDUSTRY,PIONEERED BY 0-I, HAVE GIVEN US SEVERAL POISITIVE
ENVIRONMENTALBENEFITS. ONE VERY IMPORTANT ASPECT OF RECYCLING IS ITS
IMPACT ON THE USE OF SODA ASH. IN RECENT MONTHS, SODA ASH HAS BEN IN
SHORT SUPPLY. BY INCREASING THE USE OF WASTE GLASS CULLET IN THE
MANUFACTURING PROCESS,GLASSMAKERS HAGE REDUCED THEIR NEED FOR SODA ASH,
EXTENDING AVAILABLE SUPPLIES.
VOLUNTARY RECYCLING PROGRAMS HAVE ALSO PROVIDED AND OPPORTUNITY TO
DISCOVER WAYS AND MEANS OF USING THE LARGER QUANTITIES OF WASTE GLASS
FROM THEMYRIAD OF MUNICIPAL AND REGIONAL RESOURECERECOVERY FACILITIES
WHICH ARE COMING ON STREAM AND WILLSOON PROLIFERATE ACROSS OUR NATION.
THE GLASS INDUSTRY HAS BEEN WORKING IN CONCERT WITH PRIVATE INDUSTRIES
AND LOCAL GOVERNMENT ON THE DEVELOPMENT OF MUNICIPAL AND REGIONAL
RESOURCE RECOERY FACILITES INSUC LOCATIONS AS FRANKLIN, OHIO, NEW
ORLEANS; WESTCHESTER, NEWYORK; LOWELL, MASSACHUSETTS; DETROIT;
BALTIMORE; SANDIEGO; SANFRANCSICO; TOLEDO ANDWITH THE SATES OF
CONNECTICUT, MASSACHUSETTS, DELAWARE, AND NEW YORK.
D. LITTER
THE PROBLEM OF LITTERIS AN INEXCUSABLE DISGRACE TO OUR NATION'S
HIGHWAYS AND PUBLIC RECREATION AREAS-BOTH URBAN AND RURAL. STUDIES
INDICATE THAT GLASSCONTAINRES REPRESENT ABOUT 6 PERCENT OF HIGHWAY
LITTER. OF THE TOTOL, ABOUT ONE-HALF CONSISTS OF GLASS NONRETURNABLE
BEER AND SOFT DRINK CONTAINERS, OR APPROXIMATELY 3 PERCENT.
THE PERSONWHO THROWS AWAY A BEER OR SOFT DRINKCONTAINER, IN OUR
OPINION, DOES NOT MAKE HIS DECISION BASED ON WHETHER OR NOT THAT
CONTAINER CARRIES A REFUND VALUE, RATHER HIS CHOISE IS OFTEN BASED ON
THE ACTIONS OF OTHER MEMBERSOF THE GRBPOUP OF PEOPLE WITH WHOM HE MAY BE
AT THE TIME. IF THEIR NORMAL BEHAVIORAL PATTERN INCLUDES THE ACT OF
LITTERING, HE IS APT TO DECIDE IN FAVOR OF LITTERING. THIS CHOISE IS
MAD E RATHER THAN STORING THE EMPTY PACKGE INHIS CAR, RETURNING TO HOME
WITH IT, AND THENSUBSEQUENTLY TAKING IT TO A RETAIL OUTLET FOR
REDEMPTION.
STUDIES HAVE SHOWNTHAT MARKET AREAS HEAVY IN RETURNABLES ARE ALSO
SIMILARLY HEAVY IN RETURNABLE PACKAGE SHARE OF THE HIGHWAY LITTER COUNT.
MUCH RESEARCH HAS BEEN DONE LATELY IN REGARDS TO THE SOURCES OF
LITTER AND THE PSYCHOLOGY OF THE LITTERER.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 056 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106871
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
RESEARCH SHOWS THATLITTER COMES FRM SEVEN SOURCES, NOT JUST THE
TWO-PEDESTRIANS AND MOTORISTS ON WHICH MOST LITTER CONTROLPROGRAMSHAVE
CONCENTRATED.
SURVEYS IN 1971 AND 1972 IN 105 CITIES IN 17 STATES COMPRISING ABOUT
HALF THE NATION'S POPULATION (INCLODING NINECITIES IN NEW YORK STATE)
SHOWD THAT, COMBINED, THESE FIVE OTHER SOURCES ACCOUNT FOR A LARGER
SHARE OF TOTAL LITTER THAN PEDESTRIANS AND MOTORISTS. THESE FIVE
SOURCES ARE:
1. IMPROPER REFUSE PUTOUTS AT COMMERCIAL ESTABLISHMENTS AND
INSTITUTIONS. THESE CONDITIONS WERE PREVALENT AT 35 PER CENT OF THE
INSTALLATIONS OBSERVED--CREATING LITTER THE SPREAD AS FAR AS SIX BLOCKS
FROM THE POINTS OF ORIGIN.
2. IMPROPER HOUSEHOLD REFUSE PUTOUTS. FOUND AT 52 PERCENT OF THE
LOCATIONS SURVEYED AND RESPONSIBLE FOR LITTER THROUGHOUT ENTIRE
NEIGHBORHOODS.
3. LAKC OF CONTAINMENT AT LOADING AND UNLOADING PLATFORMS. HALF OF
THESE PLATFORMS AT SHOPPING CENTERS, FACTORIES,WAREHOUSES AND OTHER
LOCATIONS HAD LITTER SCATTERING AND BLOWING ONTO ADJACENT PROPERTIES AND
BEYOND.
4. UNCOVERED TRUCKS. DROPOFFS, SPILLOFFS, AND FLYOFFS FROM TRUCKS
WERE RESPONSIBEL FRO BETWEEN 15 AND 20 PER CENT OF THE LITTER OBSERVED
ALONG RAODS THEY NORMALLY TRAVEL.
5. LAC-K OF CONTAINMENT AT CONSTRUCTION PROJECTS THIS SITUATION,
CREATING LITTER IN ALL DIRECTIONS FROM THE SITES, WAS FOUND AT AS MANY
AS SEVEN OUT OF TEN PROJECTS IN SOME CITIES.
THERE ARE TESTED TECHNIQUES THAT CAN BE APPLIED TO STERM THE FLOW
FROM THE SEVEN SOURCES IN COMMUNITIES. THEY I-CLUDE MODERN SANITATION
CODES, USE OF TECHNOLOGY THAT MAKES IT EASIER FOR PEOPLE TO DISPOSE OF
LITTER PROPERLY, NEW EDUCATIONAL DEVICES, AND STREAMLINED ENFORCEMENT
METHODS.
E. PRODUCT SAFETY AND HEALTH
INCRASED ATTENTION IS BEING FOCUSED ON CONSUMER HEALTH AND ASFETY AS
A HIGH PRIORITY LIFE QUALITY CONSIDERATION. THE ATTRIBUTES OF GLASS
MAKE IT EXTREMELY USEFUL IN DEALING WITH THESE ISSUES.
WITH RESPECT TO CONSUMER HEALTH OBJECTIVES, THE GLASS CONTAINER FOR
CENTURIES HAS BEEN THEPERFECT PACKAGE. THE PURITY AND INERTNESS OF
GLASS HAVELONG BEEN RECOGNIZED AS SUPERIOR PACKAGING CHARACTERISTICS.
THESE ATTRIUTES INSURE THATTHE PACKER CAN DELIVE HIS PRODUCT OT
CONSUEMRS WITHOUT CONTAMINATION, ADULTERATION OR LOSSES IN FLAVOR OR
NUTRITIONDUE TO THE PACKAGE.
ONCE INTHEHANDS OF THE CONSUMER, THE GLASS PACKAGE WITH
ITSRELIABLE CLOSURE SYSTEMS AND RESEALIBILITY FEAURES, SERVES
AS A CONVENIENT AND SAFE LONG-TERM RECEPTACLE FOR THE PRODUCT
UNTIL IT IS FINALLY CONSUMED.
THE TRANSPRANECY AND CLARITY OF GLASS ENABLES THE CONSUMER TO
VISUALLY INSECT THE PRODUCT PRIOR TO SELECTION AT THE POINT OF SALE AND
PRIOR TO ITS ULTIMATE USE OF CONSUMPTION.
FROM THE SAFETY VEIWPOINT, THE GLASS CONTAINER, AS WELL AS MANY OTHER
CONSUMER PRODUCTS, IS BEING EXAMINED BY THE FEDERAL CONSUMER PRODUCT
SAFETY COMMISSION. ALTHOUGH GLASS PACKAGING H-S NOT BEEN SINGLED OUT BY
THE PRODUCT SAFETY COMMISSION FOR REGULATION, THE FACT REMAINS THAT
GLASS CAN BREAK -- A FACT THAT HAS LONG BEN WELL UNDERSTOOD BY
CONSUMERS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 057 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106872
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THE INJURY RATING OF GLASS CONTAINERS IN THE PRODUCT SAFETY
COMMISSION'S SURVEILLANCE SYSTEM (NEISS) IS RELATIVELY LWO AND ABOUT
EQUAL TO THAT OF CANS. NEVERTHELESS, OWEN-ILLINOIS ANDTHE GLASS
CONTAINER INDUSTRY HAVE IN THE PAST DEVOTED AND ARE CONTINUING TO
DEVOTE, SIGNIFICANT EFFORT AND RESOURECES TO DETERMINE WAYS TO BUILD
GLASS CONTAINERS WITH IMPROVED PERFORMANCE CHARACTERISTICS. THESE
PRODUCT SAFETY IMPROVEMENTS WILL CONTINUE TO RECEIVE TEH HIGHEST
PRIORITY ATTENTION.
PROBABLY THE GREATEST "PLUS" FOR GLASS CONTAINERS IN THE AREAS OF
CONSUMER HEALTH AND SAFETY RESTS WTH ITS LONGEVITY AS A PACKAGING
MEDIUM.
TRANSMISSION,EXTRACTION, AND MIGRATION PROBLEMS ARE NON-EXISTENT AND
FOR ALL PRACTICAL PURPOSES GLASS IS TRULY INERT. VIRTUALLY ALL OF THE
UNCERTAINTIES AND UNKNOWNS HAVE BEEN ELIMINATED. THEREFORE WHILE
ADDITIONAL IMPROVEMENTSARE BEING INVESTIGATED INTHE AREA OF GLASS
PERFORMANCE, THEY ARE BIENG DEVELOPED UNDER CONDITIONS F EXTENSIVE
EXPREIENCE RATHER THAN THE UNCHARTED UNPREDICTABLE ENVIRONMENT OF MORE
EXOTIC MATREIALS.
F. AIR AND WATER POLLTUION
OWNES-ILLINOIS HAS COOPERATED WITH STATE AND FEDERAL ENVIRONMENTAL
PROTECTION AGENCIES IN HELPINGTHESE BODIES ESTABLISH REALISTIC AND
MEANINGFUL GOALS FOR GLASS MANUFACTURING OPERATIONS, IN ORDER TO ACHIEVE
OPTIMUM AIR AND WATER POLLUTION ABATEMENT LEVELS. MUCH HAS ALREADY BEEN
ACCOMPLISHED IN THE DEVELOPMENT AND IMPLEMENTATION OF NEWTECHNOLOGY TO
ACHIEVE THESE GOASL. A GREAT DEAL OF HUMAN EFFORT, AS WELL AS CAPITAL
AND OPERATING EXPENDITURES, HAS BEEN SPENT TOWARD THESE ENVIRONMENTAL
OBJECTIVES. MUCH REMAINS TO BE DONE -- IN TERMS OF TECHNOLOGY,
MANPOWER, AND CAPITAL-- TO MEET AGREED-UPON GOALS AND COMPLIANCE
PROGRMAS. A HEALTH INDUSTRY MADE THESE ACHIEVEMENTS POSSIBLE. NEEDLESS
TO SAY IT WILL TAKE A HEALTHINDUSTRY TO MEET THE CHALLENGES IN THE
FUTURE.
G. ECONOMIS AND LABOR.
IN RECENT YEARS, THENATION HAS ENJOYED A STANDARD OF LIVING WHICH BY
WORLD STANDARDS CONSTITUTES AFFLUENCE. SUCH HAS NOT ALWASY BEEN THE
CASE. PER CAPITA OUTPUT IN GOODS AND SERVICES IN 1900 WAS 25 PERCENT OF
WHAT IT IS TODAY; IN 1929 IT WAS ONLY 50 PERCENT OF TODAY'S PER CAPITA
GNP. THE CONCEPT OFMANDATED SOURCE REDUCTION -- THAT IS, THE ARTIFICAL
LIMITING OFPRODUCTION AND JOBS BY FLAT RATHER THANFREE MARKET CHECKS AND
BLAANCES -- IS NOT CONSISTENT WITH THEFREE ENTERPRISE FOUNDATION ON
WHICH OUR NATION WAS CONCEIVED AND THROUGH WHICH IT HAS GROWN AND
PROPOSERED.
THE EXECUTIVE COUNCIL OF THE AFL-CIO HAS GON ON RECORD WITH A MAJOR
POLICY STATEMENT CONDEMNING THIS TYPE OF SOURCE REDUCTION AS BEGIN
DIAMETRICALLY OPPOSED TO INTERESTS OF THE LABOR MOVEMENT. SOURCE
REDUCTION WOULD INDUCE HIGH UNEMPLOYEMENT ANDSEVERE ECONOMIC AND HUMAN
DISLOCATION.
LABOR CANNOT CONCEIVE OF A LEGISLATIVE COURSE OF ACTION THAT WOULD
TRADE OFF WELL-PAYING, HIGHLY-SKILLED JOBS FOR MENIAL NONUNION, MINIMUM
WAGE, LITTER PICK-UP JOBS TO ACCOMODATE WELL-MEANING ENVIRONMENTALISTS
WITH CONFLICTING SETS OF PRIORITIES AND OBJECTIVES.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 058 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106873
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
H. CHAGING LIFE STYLES
TODAY, 45.8 PER CENT OF AMERICAN WOMEN AREIN THE WORK FORCE. MANY OF
THESE WOMEN FULFILL THE ADDITIONAL ROLES OF WIVES, MOTHERS, AND
HOMEMAKERS. CONVENIENCE PACKAGING HAS CONTRIBUTED IN LARGE MEASURE TO
MAKING FREEDOM FROM HOUSEHOLD DRUDGERY POSSIBEL, AND ECONOMICALLY
ATTAINABLE. PACKAGIN AHS INCREASED THE AMOUNT OF DISCRETIONARY LEISURE
TIME AVAILABLE FOR RECREATIONAL, SOCIAL, CULTURAL, EDUCATIONAL AND
SIMILAR PURSUITS. THE VALUE OFHUMAN LABOR AND THENEED TO CONTINUE TO
UPGRADE THE QUALITY OFHUMAN LABOR ARE REAL SOCIAL CONCERNS WHICH IMPACT
SIGNIFICATNLY ON OUR NATIONAL STANDARD OF LIVING.
THE BEST OF ALL WORLDS,WE BELIEVE IS THE CO-EXISTENCE OF RETURNABLE
AND NONERTURNABLE PACKAGING SYSTEMS. THSE PERSONS WHO CHOOSE TO RETURN
THEIR CONTAINERSWILL PURCHASE RETURNABLES. THOSE WHO PREFER NT TO
RETURN THE CONTAINRESWILL CHOOSE THE NONRETURNABLE PACKAGE.
AS A CASE IN POINT, FOR YEARS OUR COMPANY HAD TOW LARGE FACTORIES
THAT MANUFACTURED PRINCIPALLY GLASS RETURNABLE MILK BOTTLES. THE GLASS
MILK BOTTLE WAS AN EXCELLLENT PACKAGE. IT WAS DESIGNED TO WITHSTAND THE
RIGORS OF MANY TRIPS TO THE CONSUMER'S DOORSTEP. IT WAS NEVERLETTERED
AND SELDOM FOUND ITSELF IN THE SOILD WASTE STREAM.T HE DAIRIES AND GLASS
PLANTS PROVIDED PERFECT CLOSED-LOOP RECYCLING SYSTEM. GLASS BROKEN AT
THE DAIRY WAS RETURNED TO THE GLASS PLANT BE REMELTED AND TRANSFORMED
INTO NEW MILK BOTTLES.
BUT, THE RETURNABLE GLASS MILK BOTTLE DID NOT SURVIVE IN THE
MARKETPLACE, LARGELY BECAUSE IT NO LONGER FIT THE LIFE STYE OF THE
AMERICAN CONSUMER AND THE GROWTH OF TH MODERN SUPERMARKET RETAIL SYSTEM,
IT DISAPPEARED FROM THEMARKETPLACE IN A RELATIVELY FEW YEARS AND
APPARENTLY HAS NOT BEEN MISSED BY THE AMERICAN CONSUMER.
III. THE ROLE OF PACKAGING IN SOCIETY
IN JANUARY OF 1974, ARTHUR D. LITTLE, INC., PUBLISHED A COMPREHENSIVE
STUDY ENTITLD "PACKAGING IN PERSEPCTIVE." THE STUDY WAS SPONSORED BY AN
AD HOC COMMITTEE OF THE PACKAGING INDUSTRY.
GLASS CONTAINERS ARE AN INTEGRAL PART OF THIS LARGER PACKAGING
INDUSTRIAL COMPLEX.
THE FOLLOWING EXCERPTS FROM THE LITTLE REPORT SUMMARIZE
THE CRITICAL ANDHIGHLY COMPLEX FUNCTIONS PERFORMED BY
PACKAGING IN OUR SOCIETY:
BUT PACKAGING IS MORE THANJUST THE CONTAINER. IT IS A SYSTEM INWHICH
THE PRODUCT IS THE FOCAL POINT. PACKAGING STARTS WITH THE ASSEMBLING OF
RAW MATERIALS TO MANUFACTURE A PACKAGE AND A PRODUCT, AND INCLUDES
MANUFACTURE, PACKAGING, UNITIZATION (THECOMBING OF A NUMBER OF
INDIVIDUAL PACKAGES),DISTRIBUTION, BREAKUP, AND MARKETING. IN THIS
PACKAGING CHAIN,WHAT INFLUENCES ONE LINK CAN I-FLUENCE VERY OTHER. AND
IN THIS CONTEXT,THE TOTAL VALUE OF PACKAGING WHEN THE COSTS OF DESIGN,
FILLING, PLANT OPERATION, AND OTHER SERVICES AREINCLUDED, IS ESTIAMTED
TO BE $35-$40 BILLION ANNUALLY, OR ABOUT 10 PERCENT OF THE VALUE OF ALL
FINISHED GOODS BOUGHT BY THE U.S. CONSUMER EACH YEAR.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 059 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106874
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
THIS DOLLARVALUE, HOWEVER, STILL DOES NOT REFLECT THE ENTIRE ECONOMIC
VALUE OF PACKAGING, FOR PACKAGING IS PART OF ALMOST EVERYELEMENT OF U.S.
INDUSTRY TODAY. FEWPRODUCTS ARE DISTRIBUTED TO THE CONSUMER WITHOUT IT.
ON A DOLLAR BAIS, ABOUT 75 PERCENT OF ALL FINSIHED GOODS PURCHASED BY
TH- CONSUMEFIS PACKAGES. THE PACKAGE-MAKING INDUSTRY, WITH ABOUT ONE
MILLION WORKERS, IS CONSIDERED THE LARGEST INDUSTRIALEMPLOYER IN THE
UNITED STATES AND THE THIRD LARGEST IN SALES VALUES.
THE PACKACING SYSTEM TODAY IS INEXTRICABLY INTERWOVEN IN THEMATRIX OF
OUR ECONOMY. IT IS PRESENT AT ALL LEVELS OF OPERATIONAL ACITIVYT -- IN
INDUSTRY, DISTRIBUTION AND THE MARKET-LACE. CONSUMPTION OF PACKAGING
CORRELATES DIRECTLY WITH A NATION'S STANDARD OF LIVING, AS MEASURED BY
PER CAPITA INCOME OR THE DEGREE OF INDUSTRIALIZATION. PACKAGING AND
MECHANIZATION HAVE CONTRIBUTED TO THE PHENOMENAL EFFICIENCY OF
ACRICULTURE IN OUR COUNTRY,WHERE ONLY 4.5 PER CENT OF OUR POPULATION
PRODUCES ENLUGHT FOODS NOT ONLY FOR OUR POPULTION OF 220 MILLION,BUT
ALSO FOR ANOTHER 55 MILLION TO WHOM WE EXPORT.
EVERY INDICATION FROM THEMARKET-PLACE IS THAT PACKAGING WILL BECOME
MORE SIGNIFICANT IN THEFUTURE. PACKAGING WILL CHANGE AS NEW PRODUCTS
DEVELOP TO SATISFY THE DEMANDS OF AN EVER GROWING SOCIETY, AND IN THE
FUTURE, PRODUCTS WILL CHANGE MORE RAPIDLY. PACKAGING WILL BE A CRITICAL
FACTOR IN THEIR MAREKTING ANDDISTRIBUTION AS ATTRACTIVE, FUNCTIONAL, AND
CONVENIENT PACKAGES WILL BE DEMANDED.
PACKAGING WILL CONTINUE TO HAVE MANY ROLES AND MANY FUNCTIONS. IT
WILL REMAIN AS ESSENTAIL SYSTEM WITHIN THE TOTAL SYSTEM THAT BRINGS MORE
PRODUCTS TO THE AMERICAN CONSUMER ATA COST HE CAN AFFORD. IT WILL
CONTINUE TO BE A COMPLEX, DELICATELY BALANCED, SELF-CORRECTING SYSTEM
THAT HAS OPERATED AND SHOUDL OPERATE ONTHE BASIS OF A FREE COMPETITIVE
MARKET.
IV. CONCLUSION
IN THEPRECEDING DISCUSSION, WE HAVE BREIFLY COMMENTED ON
THEATTRIBUTES OF GLASS CONTAINERS IN REPSECTTO VARIOUS ENVIRONMENTAL AND
SOIAL CONSIDERATIONS. BECAUSE OF ITS EXTREME ADAPTABILITY, GLASS AS A
PACKAGING MATERIAL IS ABLE TO SATISFY SUCCESSFULLY THESE VARYING SETS OF
"QUALITY OFLIFE" OBJECTIVES.
FOR GENERATIONS, GLASS HAS SUCCESSFULLY PROVEN ITSELF AS A PACKAGING
MEDIUM. IT IS CONTINUALLY BEING IMPROVED TO FULFILL AN EVEN MORE
DEMANDING ROLE IN THIS REGARD.
IN LLOKING AT THE VARIOUS "QUALITY OF LIFE" CONSIDERATIONS DISCUSSED
IN THIS APPER, IT OWULD APPEAR IMPOSSIBLE TO PUT TOGETHER A SET OF
LEGISLATIVE OR REGULATORY CONTROLS TO GIVE PROPER BALANCE TO ALL OF
THESE IMOPRTANT FACTORS. THE INTER RELATIONSHIP OF ALL OF THESE FACTORS
IN OUR ECONOMY IS SO COMPLEX AND IN SUCH A CONSTANT STATE OF CHANGE THAT
ATTEMPTS TO CONTROL THEMARTIFICIALLY BY REGULATION CAN ONLY RESULT IN
SEVERE DISLOCATION TO THE ECONOMY.
OUR FREE ENTERPRISE ECONOMY, IF ALLOWED TO FUNCTION AS DESIGNED, WILL
MAKE THEPROPER ADJUSTMENTS TO KEEP THE SYSTEM IN BALANCE. ATTEMPTING TO
CONTROL THESE DIVERSE FACTORS THROUGH EDICT, LEGISLATION, OR EXECUTIVE
FIAT CANNOT HELP BUT FURTHER AGGRAVATE EXISTING AND POTENTIAL
IMBALANCES, RESULTING IN INCREASINGLY SEVERE DISLOCATIONS.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 060 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106875
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
IT IS IMPOSSIBLE TO CONCEIVE OF CREATING A SET OF GOVERNMENTAL
CONTRLS THAT ARE CAPABLE OF GIVING PROPER BLANACE TO ALL OF THE
PERTINENET "QUALITY OF LIFE" FACTORS
WE HAVEJUST WITNESSED THE INEFFECTIVENESS OF GOVERNEMNTALLY MANDATED
CONTRLS DURINGTHE TWO-YEAR EXPERIENCE WITH WAGE AND PRICE CONTROLS. THE
COMPLEXITY, INTERPLAY,AND FLUIDITY OF THE VARIOUS "QUALITY OF LIFE"
CONSIDERATINS NULLIFIED ANY OPPORTUNITY FOR THE WAGE AND PRICE CONTROLS
TO SUCCEED.
IN FACT, THERE IS ONLY ONE WORKABLE APPROACH TO THESE TYPES OF
PROBLEMS IN OUR SOCIETY -- AND THAT IS TO LET OUR FREE ECONOMY, GOVERNED
BY THE LAWS OF SUPPLY A-D DEMAND, DETERMINE THE PROPER SOLUTIONS. FOR
EXAMPLE, IN THE AREA OF ENERGY, AN INCRASE IN THE PRICE OF FOSSIL FUEL
WILL CAUSE SOMEENERGY-INTENSIVE PRODUCTS TO COST THE CONSUMER MORE. HE,
IN TURN, CASTS HIS DOLLAR VOTES BETWEENSUCH TRADE-OFFS AS CONVENIENCE
AND COST. IT IS THROUGH THIS FREEMARKET SUPPLY AND DEMAND MECHANISM THAT
BALANCES WILLBE RESTORED WITHOUT THE SERIOUS DISLOCATIONS ASSOCIATED
WITH ARTIFICALLY CREATED,MAN-MADE CONTROLS.
IN A LIKE MANNER, SCARCE MATERIASL WILLBEGIN TO DEMAND HIGHER PRICES
AS DICTATED BY THE LAWS OF SUPPLY AND DEMAND. ONCE AGAIN, THE CONSUMER
WILL BE FACED WITH A SELECTION OF PRODUCTS COMPETING FOR HIS DOLLAR. HIS
FREE CHOISE WILL THEN DETERMINE BOTH THE MOST SATISFACTORY SET OF
PURCHASES FOR EACH INDIVIDUAL CITIZENAND THE ALLOCATION OF SCARCE
RESOURCE AMONG ALTERNATIVE APPLICATIONS WITH THE DOLLAR ACTING A- THE
"COMMON DENOMINATOR" ARBITER OF THE ALLOCATION PROGRAM.
THIS TERM MARKET INTERPLAY WILL IN THE END YEILD A FAR BETTER
SOLUTION,WITHOUT THE TRAUMA THAT HAS HISTORICALLY ACCOMPANIED MANDATED
ANSWERS. THIS SHOULD NOT BE INTERPRETED TO MEANTHATIN A FREE ECONOMY WE
DO NOT NEED GOVERNMENT PARTICIPATION IN THESE AREAS.
THE PROPER ROLE OF GOVERNMENT IS TO ANTICIPATE PROBLEMS BEFORE THEY
OCCUR AND ADOPT POLICIES THAT PROMOTE ORDERLY SOLUTIONS; AND, IN
EMERGENCIES, TAKE ACTION TO PREVENT IRREPARABLE DAMANGE ANDHARDSHIP TO
PROTECT THE PUBLIC'S GENERAL WELFARE. HOWEVER THE ORDERLY SOLUTION CAN
BEST BE EFFECTED THROUGH PRIVATE INITIATIVE DIRECTED BY THE FREE PLAY OF
MARKET FORCES.
WELL-INTENTIONED, BUT SIMPLISTIC AND ILL-DEFINED, RESTRICTIVE
LEGISLATIONAIMED AT THE REGULATION OF BEVERAGE CONTAINERS, OR PACKAGING
IN GENERAL, WOULD SERIOUSLY ENDANGERTHE THE HEALTH OF THE GLASS
CONTAINER INDUSTRY. IT WOULD BE IMPOSSIBLE TO CONFINE THE ADVERSE
EFFECTS ON THE INDUSTRY SOLELY ON THE BEER AND SOFT DRINK AREAS. THE
TRAUMA THAT WOULD ALSO SERIOUSLYHAMPER THE INDUSTRY'S ABILITY TO FURNISH
GLASS CONTAINERS FOR SUCH OTHER CRITICAL END-USES, AS MEDICINES, FOODS
AND OTHER CONSUMER PRODUCTS.
SINCE PACKAGING PERFORMS A NECESSARY FUNCTION IN OUR SOECITY,ANOTHER
PACKAGING MATERIAL WOULD QUICKLY EMREGE TO REPLACE ANY LOST
GLASS-PACKAGING APPLICATION. THIS COULD RESULT IN AN INCREASED DEMAND
FOR OTHER MATERIALS ALREADY IN SHORT SUPPLY, OR RESULT IN THE USE OF
MATERIALS WIHTOUT THE PROVEN TRACK RECORD OF GLASS FROM A HEALTH
STANDPOINT.
NEED FOR A NATIONAL MATERIALS POLICY, WEDNESDAY, 740710
STATEMENTS OF STINSON G, ON BEHALF OF AMERICAN IRON AND STEEL INSTITUTE; SPIEGEL E J, ACCOMPANIED BY EDWARDS J R, AND WIECHMANN R J; TESTIN R; AND JONES E C, ACCOMPANIED BY SADD W
WASTE PAPER DATA 700000-740000, 730517 AND 730518
GLASS CONTAINERS - THE ENVIRONMENT AND OTHER LIFE QUALITY
CONSIDERATIONS - A POSITION PAPER, SPRING 740000
PART 061 OF 61
STINSON G CHAIRMAN AND CHIEF EXECUTIVE
SPIEGEL EJ CHAIRMAN
EDWARDS J R VICE PRESIDENT
WIECHMANN R J DIRECTOR OF ENVIRONMENTAL AFFAIRS SECRETARY, SOLID
WASTE COUNCIL
TESTIN R
JONES EC EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
SADD PRESIDENT
AXELRAD VICE PRESIDENT, PUBLIC AFFAIRS
NATIONAL STEEL CORP
SOLID WASTE COUNCIL OF THE PAPER INDUSTRY
AMERICAN PAPER INSTITUTE
REYNOLDS ALUMINUM CO. ENVIRONMENT PLANNING DIVISION RICHMOND, VA
OWENS-ILLINOIS, INC. PACKAGING GROUP TOLEDO, OHIO
GLASS CONTAINER MANUFACTURERS INSTITUTE
FOOD AND AGRICULTURE ORGANIZATION OF THE U.N. ADVISORY COMMITTEE ON
PULP AND PAPER
MCDONALD'S CORP OAK BROOK, IL
OWENS-ILLINOIS, INC. ENVIRONMENTAL AFFAIRS DEPARTMENT
106876
HEARINGS
SENATE
TRANSCRIPT
REPORT STUDY
WE FEEL THE WISE COURSE OF ACTION IS TO PROMOTE A HEALTHY GLASS
CONTAINERINDUSTRY WHICH CAN IMPROVE ITS PRODUCTS, BOTH NONRETURNABLE AND
RETURNABLE, WHICH WILL CONTINUE TO MEET THE CHANGING NEEDS OF SOCIETY --
RATHER THAN REPLACING THE GLASS PACKAGE WITH AN UNKNOWNAND POTENTIALLY
FAR MORE RISKY SUBSTITUTE PACKAGE. SUCH A SUBSTITUTION COULD REPRESNET
A GAMBLE THAT WOULD BE ILL-ADVISED FOR OUR NATION.
SENATOR DOMENICI. DR. ZWERNAMAN, PROFESOR OFECONOMICS, ASSOCIATE
DIRECTOR, CENTER FOR BUSINESS SERVICES, NEW MEXICO STATE UNIVERSITY?
WE ARE PLEASE D TO HAVE YOU, DOCTOR. IF YOU WOULD START YOUR
TESTIOMNY, IF YOU PERFER NOT TO GIVE IT IN ITS ENTIRETY AND RATHER JUST
MAKE YOUR STATEMENT, WHICHEVER YOU DO PREFER, WE DO HAVE TIME FOR YOUR
STATEMENT IF THAT IS WHAT YOU PREFER.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 001 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106877
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
DR. ZWERNEMAN. THANK YOU, MR. CHAIRMAN, MY NAME IS JAMES A.
ZWERNEMAN, ASSOCIATEDIRECTOR FO THE CENTER FOR BUSINESS SERVICES AT NEW
MEXICO STATE UNIVERSITY.
MY PRIMARY CONERN IN BEING PRESENT TODAY IS TO PRESENT EVIDENCE OF
CURRENT RESEARCH BEING UNDERTAKEN AT THE UNIVERSITY FOR THE CITY OF LAS
CRUCES. N. MEX., AND THE ABSTRACT OF THE RESEARCH RESULTS IS PRESENTED
FOR YOUR REVIEW AND FOR THE RECORD.
IT BEING EMPIRICAL IN NATURE, IT DOES NOT LEND ITSELF WELL TO VERBAL
PRESENTATION. IWOULD LIKE, HOWEVE,R TO READ THE FIVE ELEMENTS THAT ARE
THE WORK STATEMET OF THE PROJECT AND THEN READ THE SUMMARY AND
CONCLUSIONS.
THEPROJECT WAS DESIGNED FOR FIVE PURPOSES:
1. TO ASSAY THE SOLID WASTE BEING COLLECTED IN THECITY OF LAS CRUCES;
2. IDENTIFY POTENTIAL MARKETS FOR SELLING RECYCLABLE WASTE MATERIALS;
3. EVALUATE MARKET FEASIBILITY FOR A SEPARATION AND DISTRUBITION
SYSTEM;
4. ASSESS THE ALTERNATIVES, INCLUDING COMPOSTING AND LAND
RECLAMATION.
THE FINAL REPORT WILL BE SUBMITTED FOR YOUR REVIEW LATER THIS MONTH.
THE ECONOMICS OF SOLID WASTE MANAGEMENT IS TAKING ON NEW DIMENSIONS.
COMMUNITIES, MUNICIPALITIES, ANDSTATES ARE FACING CONTINUALLY INCREASING
COSTS AND ENVIRONMENTAL DECAY USING TRADITIONAL METHODS OF SOLID WASTES
COLLECTION AND DISPOSAL.
CURRENT RURAL-TO-URBAN MIGRATION PATTERNS IMPOSE INCRESING DEMANDS
UPON PUBLIC SERVICES FOR THE FUTURE.
THE SET OF ALTERNATIVES TO TRADITIONAL METHODS OF COLLCTION AND
LANDFILL DISPOSAL SYSTEMS IS COMPLEX. SUCHDIVERSE PROCESSES AS
INCINERATION, COMPACTION, GRINDING,SHREDDING, PYROLYSIS, HYDROLYSIS,
COMPOSTING, AND ANAEROBIC DIGESTION HAVE VARYING BENEFIT-COST FUNCTIONS.
EACH MUST BE ASSESSED TO FIND FEASIBLE AND COST-EFFECTIVE SOLUTIONS.
CURENT MEASURES OF SOLID WASTE BEING GENERAT-D PER CAPITA INDICATE
THAT THE PROBLEM HAS AT LEAST DOUBLED IN THEPAST 4 TO 5 YEARS AND WILL
PROBABLY DOUBLE AGAIN BY 1980 UHLESS THERE ARE SIGNIFICANT CHANGES
ADOPTED IN THE COLLECTION-DISPOSAL PROCESS.
ON THE BASIS FO RESULTS FROM AN ONGOING STUDY IN LAS CRUCES, N.
MEX.,SOME OF THE VIABLE ALTERNATIVES THAT APPEAR TO BE ECONOMICALLY
TENABLE ARE:
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 002 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106878
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
(D) COMMERCIAL MARKETS AREAVAIALBE FOR RECYCLING THE ALUMINUM AND
FERROUS MATERIALS THAT COMPRISE 12-13 PERCENT OF SOLID WASTE COMPONENTS.
(B) DISPOSITION OF GLASS WASTE MATERIALS (ABOUT 8 PERCNET OF TOTAL)
IS A MORE DIFFICULT PROBLEM. USE OF GLASS IN CONSTRUCTION AND PAVING
MATERIALS CAN BE ANEFFECTIVE MEANS OF DISPOSAL BUT IT IS ONLY ECONOMICAL
AT THE LOCAL LEVEL AND REQUIRES INDUSTRIAL MAREKTS WITH ADEQUATE DEMAND
LEVELS.
(C) THERE IS NO ECONOMICAL USE OR MARKET FOR PLASTIC MATERIALS AS A
RECYCLABLE COMMODITY.
THE BULK OF SOLID WASTE MATERIAL HAS TWO VIABLE ALTERNATIVES FIRST,
THE WASTE CAN BE PROCESSED AS A FUEL TO GENERATE ELECTRICITY.
AT CURRENT RATES, THE SOLID WASTE, THAT COLD BE USED FOR THIS
PURPOSE, COULD GENERATE ABOUT ONE-FOURTH OF THE KILOWATTS REQUIRED BY
THE COMMUNITY THAT PRODUCES THE WASTE. THIS WOULD APPEAR TO HOLD THE
MOST PROMISES AS AN ALTERNTAIVE.
THE SECOND ALTERNATIVE, TO CONVERT THE WASTE MATERIAL INTO SOIL
CONDITIONER VIA COMPOSTING IS ENVIRONMENTALLY ATTRACTIVE, PARTICULARLY
IF THE OUTPUT IS USABLE FOR LAND RECLAMATION.
THE PRINCIPALDRAWBACK IS THAT THE MARKETS ARE NOT YET DEVELOPED
SUFFICIENTLY TO ABSORB POTENTIAL OUTPUT. BENEFITS TO BE GAINED WILL NOT
BE MATCHED BY COST RECOVERY, AS WOULD BE INTHE CASE IN THE SALE OF
COMMODITIES TO ALREADY ESTABLISHED MARKETS AND THE SALE OF ELECTRICAL
ENERGY.
THE NEED FOR FEDERAL ASSISTANCE TO THE COMMUNITIES AND MUNICIPALITIES
FOR PILOT PROJET, FURTHER RESEARCH, DEMONSTRATION GRANTS, AND OPERATING
SUBSIDIES IS GREAT.
THE LONG-RANGE OUTLOOK, HOWEVE,RIS ONE THAT WILLBE CHARACTERIZED BY
TOTAL BENEFITS AND REVENUES EXCEEDING COSTS FOR BOTH THE PUBLIC AND
PRIVATE SECTORS OF THE ECONOMY.
THAT CONCLUDES MY FORMAL PRESENTATION.
SEANTOR DOMENICI. WOULD YOU FOR THE RECORD STATE THE COMPILATION FOR
THE CITY FOR WHICH YOU HAVE DONE YOUR RESEARCH WITH? THEPOPULATION?
DR. ZWERNEMAN. ABOUT 50,000.
SENATOR DOMENICI. COULD YOU GIVE US SOME GROWTH FACTORS AS TO ITS
POTENTIAL?
DR. ZWERNEMAN. YES. FOUR YEARS AGO THEENVIRONMENTAL IMPROVEMENT
AGENCY,STATE AGENCY OF NEW MEXICO, MADE A FORECAST ON THE PER CAPITA
GENERATION OF SOLID WASTE MATERIALS.
AT THAT TIME IT WAS ABOUT 2 POUNDS PER PERSON PER DAY. THEY
FORECASTED 4 POUNDS PER PERSON DAY FOR THE YEAR 1980. IN OUR CURRENT
WORK, WE HAVEALREADY ESTABLISHED THE FACT THAT WE HAVE EXCEEDED THA
FIGURE AND WE ARE STILL A LONG WAY FROM 1980.
IT WOULD APPEAR THAT WE WOULD BE GENERATING AT PRESENT RATES ABOUT 8
POUNDS PER CAPITA A DAY BY THE YEAR 1980 IF THERE ARE NOT SIGNIFICANT
CHANGES IN TEH COLLECTION AND DISPOSAL PROCESS.
SENATOR DOMENICI. I AHVE A FEW SPECIFIC QUESTIONS THATYOUR FORMAL
STATEMENT RAISED. YOU PARTICULARLY STRESSED THE NEED FOR DEMONSTARTION
FUNDS AND FOR TECHNOLOGICAL ASSISTANCE AND FOR INSTITUTE TUPE ASSISTANCE
TO THE STATES.
COULD YOU ELABORATE ON THIS LIGHT OF YOUR EXPERIENCE IN A STATE LIKE
NEW MEXICO?
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 003 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106879
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
DR. ZWERNEMAN. TRADITIONALLY, THE LAND GRANT INSTITUTIONS IMPLEMENTED
AR GOING TO AFFECT THE RATE OF CHANGE IN THE FUTURE. BUTY THEY ARE NOT
GOING TO REDUCE THE AMOUNT OF THE ABSOLUTE WATE THAT WE GENERATE TODAY.
SENATOR DOMENICI. SO RESOURCE RECOVERY IS NOT INCONSISTENT WITH A
REDUCTION IN THE BASIC VIRGIN USE OF MATERIAL?
DR. ZWERNEMAN. NOT AT ALL. THAT BEARING OUT WHAT SOME OF THE
PREVIOUS SPEAKERS ALLUDED TO, WAS THTA A BULK OF THE WASTE MATERIAL
WHICH CANNOT BE RECYCLED OR WHERE THRE IS NO VIABLE MARKET FOR THAT
COMMODITY WILL CONSTITUTE SUFFICIENT RESOURCE FOR THE ENERGY PRODUCTION
AT THE LOCAL LEVEL. THIS, OF COURSE, REQUIRESNEW TECHNOLOGY INTHE FORMS
OF PROCESSING, CONVERSIN AND GENERATION PROCESSING.
SENATOR DOMENICI. I HAVENO FURTHER QUESTION. WE THANK YOU FOR YOUR
TESTIMONY. YOUR ENTIRE STATEMENT WILL BE MADE PART OF THE RECORD. -WE
WILL AWAIT YOUR FINAL REPORT. WHENDID YOU SAY IT WOULD PROBABLY BE
AVAILABLE?
DR.ZWERNEMAN. IT WILL BE AVAILABLE WITHIN ABOUT 2 WEEKS.
(DR. ZWERNEMAN'S COMPLETE STATEMENT FOLLOWS:).
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 004 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106880
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
COLLEGE OF BUSINESS ADMINISTRATION AND ECONOMICS
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 005 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106881
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
PREFACE
THE INFORMATION CONTAINED IN THIS WORKING PAPER IS OBSTRUCTED FROM
THE RESULTS OF A PROJECT CURRENTLY BEING DIRECTED JOINTLY BY THE NEW
MEXICO ENVIRONMENTAL INSTITUTE AND THE NEW MEXICO STATE UNIVERSITY
CENTERFORBUSINESS SERVICES FOR THE CITY OF LAS CRUCES, NEW MEXICO. THE
FINAL REPORT OF PROJECT NO. NMSU 3110-400, WHICH IS ENTITLED, A
FEASIBILITY STUDY FOR A SOLID WASTE DISPOSAL DEMONSTRATION PROJECT, WILL
BE MADE AVAILABLE TO THE PANEL ON MATERIALS POLICY DURING THE LATTER
PART OF JULY 1974.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 006 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106882
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
I. SUMMARY AND CONCLUSIONS
THE ECONOMICS OF SOLID WASTE MANAGEMENT IS TAKING ON NEW DIMENSIONS.
COMMUNITIES,MUNICIPALITES, AND STATES ARE FACING CONTINUALLY INCREASING
COSTA AND ENVIRONEMNTAL DECAY USING TRADITIONALMETHODS OF SOLID WASTE
COLLECTION AND DISPOSAL. CURRENT RURAL-TO-URBAN MIGRATION PATTERNS
IMPOSE INCREASING DEMANDS UPON PUBLIC SERVICES FOR THEFUTURE.
THE SET OF ALTERNTAIVESTO TRADITIONAL METHODS OF COLLECTION AND
LAND-FILL DISPOSAL SYSTEMS IS COMPLEX. SUCH DIVERSE PROCESSES AS
INCINERATION, COMPACTION, GRINDING, SHREDDING, PYROLYSIS, HYDROLYSIS,
COMPOSTING, AND ANAEROBIC DIGESTION HAVE VARYING BENEFIT-COST FUNCTIONS.
EACH MUST BE ASSESSED TO FIND FEASIBLE AND COST-EFFECTIVE SOLUTIONS.
CURRENT MEASURESOF SOLID WASTEBEING GENERATED PER CAPITA INDICATE
THAT THE PROBLEM HAS AT LEAST DOUBLED IN THE PAST 4-5 YEARS AND WILL
PROBABY DOUBLE AGAIN BY 1980 UNLESS THERE ARE SIGNIFICANT CHANGES
ADOPTED IN THE COLLECTION-DISPOSAL PROCESS.
ON THEBASIS OF RESULTS OBTAINED FORM ON ON-GOING STUDY IN
LAS CRUCES, NEW MEXICO, SOME OF THE VIABLE ALTERNTAIVES THAT
APPEAR TO BE ECONOMICALLY TENABLE ARE:
(A) COMMECIAL MARKETS ARE AVAIALBLE FOR RECYCLING THE ALUMINUM AND
FEROUS MATERIALS THAT COMPRISE 12-13 PERCENT OF SOLID WASTE COMPONENTS.
(B) DISPOSITION OF GLASS WASTE MATERIALS (ABLUT 8 PERCNET OF TOTAL)
IS A MORE DIFFICULT PROBLEM. USE OF GLASS IN CONSTRUCTION AND PAVING
MATERIALS CAN BE AN EFFECTIVE MEANS OF DISPOSAL BUT IT IS ONLY ECONMICAL
AT THE LOCAL LEVEL, AND REQUIRES INDUSTRIAL MARKETS WITH ADEQUATE DEMAND
LEVELS.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 007 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106883
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
(C) HTERE IS NO ECONOMICAL USE OR MARKET FOR PLASTIC MATERIALS AS A
RECYCLABLE COMMODITY.
THE BULK OF SOLID WASTE MATERIAL HS TWO VIABLE ALTERNATIVES. THE
WASTE CAN BE PROCESED AS A AFUEL TO GENERATE ELECTRICITY. AT CURRENT
RATES, THE SOLID WASTE, THAT COULD BE USED FOR THIS PURPOSE, COULD
GENERATE ABOUT ONE-FOURTH OF THE KILOWATTS REQUIRED BY THE COMMUNITY
THAT PRODUCES THE WASTE. THIS WOULD APPEAR TOHOLDTHE MOST PROMISE AS AN
ALTERNATIVE.
THE SECOND ALTERNATIVE, TO CONVERT THE WASTE MATERIAL INTO SOIL
CONDITIONER VIA COMPOSTING IS ENVIRONMENTALLY ATTRACTIVE PARTICULARLY IT
THE OUPUT IS USABLE FOR LANDRECLAMATION. THE PRINCIPALDRAWBACK IS THAT
THE MARKETS ARENOT YET DEVELOPED DUFFICIENTLY TO ABSORB POTENTIAL
OUTPUT. BENEFITS TO BE GAINED WILL NOT BE MATCHED BY COST RECOVERY, AS
WOULD BE THE CASE INTHE SALE OF COMMODITIES TO ALREADY ESTABLISHED
MARKETS AND THE SALE OF ELECTRICAL ENERGY.
TH NEED FOR FEDERAL ASSISTANCE TO THE COMMUNITIES AND MUNICIPALITIES
FOR PILOT PROJECTS, FURTHER RESEARCH, THE DEMONSTRATION GRANTS AND
OPEATING SUBSIDIES IS GREAT. THE LONG-RANGE OUTLOOK HOWEVER IS ONE THAT
WILL BE CHARACTERIZED BY TOTAL BENEFITS AND REVENUES EXCEEDING COSTS FOR
BOTH THE PUBLIC AND PRIVATE SECTORS OF THE ECONOMY.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 008 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106884
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
II. PROJECT RESULTS
A. STATEMETN OF PROBLEM
THE CURRENT SATE-OF-THE-ART METHODS OF MUNICIPAL REFUSE COLLECTION
ANDDISPOSAL ARE GENERALLYOUTDATED, OVEREXTENDED, INEFFICIENT, AND
INCAPABLE OF SATISFACTORILY MEETING THE FUTURE INCREASING NEEDS OR URBAN
SOCIETY. /1/
THE REFUSE COLLECTION SYSTEM USED TODAY HAS NOT CHANGED
SUBSTANTIALLY, EXCEPT BY THEUSE OF MOTORIZED VEHICLES, IN THE LAST 200
YEARS. IT HS BEEN OVEREXTENDED TO THE POINT THAT THE PUBLIC IS PAYING
INCRESING SUMS OF MONEY FOR WHAT MAY BE CONSIDERED IN MANY COMMUNITIES
INADEQUATE SERVICE. IF PRESENT TRENDS CONTINUE,COSTS WILL INCREASE
GEOMETRICALLY IN THE FUTURE, WHILE PERFORMANCE WILL REMAIN AT THE SAME
LEVEL OR MAY DETERIORIATE. THE MAJOR DRAWBACKS OF TRADITIONAL METHODS
OF SOLID WASTE DISPOSAL ARE ENVIRONMENTAL DECAY ANDHIGH COSTS.
TO FIND BETTER SOLUTIONS TO PROBLEMS OF COLLECTION AND DISPOSALOF
MUNICIPALREFUSE, RESEARCH ACTIVITIES HAVE INCREASED IN THEPAST FEW
YEARS. MOST OF THIS RESERACH HAS RESULTED FROM THE PASSAGE OF THE SOLID
WASTE DISPOSAL ACT OF 1965. THE POLICY OF THE OFFICE OF SOLID WASTE
MANAGEMETN HAS BEEN TO SUP-ORT A PROGRAM OF RESEARCH GRANTS FOR A
VARIETY OF PROJECTS. THIS POLICY HAS ALLOWED RESEARCH FOR SPECIFIC
PROBLEMS TO BE CONDUCTED ALONG MANY PARALLEL LINES. FOR EXAMPLE, REFUSE
VOLUMEREDUCTION IS CURRENTLY BEING STUDIES USING SUCH DIVERSE METHODS AS
INCINERATION, COMPACTIN, GRINDING OR SHREDDING, PYROLYSIS,
HYDROLYSIS,COMPOSTING, AND ANAEROBIC DIGESTION. /2/
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 009 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106885
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE CITY OF LAS CRUCES, NEW MEXICO, FACES A MODERATE GROWTH SITUATION
IN THE NEXT TWENTY-FIVE YEARS, BUT ONE IN WHICH THE DEMANDS FOR PUBLIC
SERVICES WILL BE COMPOUNDED. AMONG THESE DEMANDS WILL BE THENEED FOR
MORE EFFECTIVE AND EFFICIENT SOLID WASTE DISPOSAL SYTEMS. RECENT
PROJECTIONS ON PER CAPITA PRODUCTION OF SOLID WASTE, MADE ONLY FOUR
YEARS AGO, /3/ HAVE ALREADY BEEN EXCEEDED. COSTS ARE RISING AT A RATE
GREATER THANTHE GROWTH OF WATE TONNAGE. A BORAD SPECTRUM OF PILOT
PROJECTS HAS ALREADY BEEN INITIATED THROUGHOUT THE ECONOMY IN ATTEMPTS
TO DEAL WITH SPECIFIC PROBLEMS AND TO DERIVE SOLUTIONS. /4/
B. PROJECT DESIGN
THE CURRENT PROJECT WAS DESIGNED TO:
(1) ASSAY THESOLID WASTE BEING COLLECTED IN THE CITY OF LAS CRUCES.
(2) TO IDENTIFY POTENTIAL MARKETS FOR SELLING RECYCLABLE WASTE
MATERIALS.
(3) EVALUATE MARKET FASIBILITY FOR A SEPARATION AND DISTRIBUTION
SYSTEM.
(4) ASSESS THE ALTERNATIVES OF ENERGY PRODUCTION USING SOLID WASTE
MATERIALS AS A FUEL SERVICE.
(5) ASSESS OTHER ALTERNATIVES INCLUDING COMPOSTING AND LAND
RECLAMATION.
C. PROJECT RESULTS
LASCRUCES IS PRIMARILY AN AGRICULTURE AND UNIVERSITY ORIENTED
COMMUNITY. THE 10,000 STUDENT UNIVERSITY HAS MAJOR STRESSES IN
AGRICULTURE AND ENGINEERING WITH EXCELLENT COLLEGES IN OTHER DISCIPLINES
STILL DEVELOPING. THE CITY IS LOCATED IN THEFERTILE MESILLA VALLEY
WHERE A LONG GROWING SEASON AND WARM CLIMATE ARE CONDUCIVE TO PRODUCTIVE
FARMING.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 010 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106886
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
VERY LITTLE INDUSTRY HAS MOVED INTO THE VALLEY AND THOSE THAT HAVE
ARE PRINCIAPLLY AGRICULTURE-OREINTED. CLOTHING MANUFACTURERES, COTTON
GINS, PRODUCE PROCESSORS AND PACKERS, AND PREFABRICATED STRUCTURES
CONSTITUTE THE MANUFACTURING SECTOR.
THE CITY 9F LASCRUCES IS NOW USING THE LANDFILL METHOD FOR REFUSE
DISPOSAL. INEXPENSIVE LAND HAS DICTATED THIS METHOD. THE PRSENT
LANDFILL AREA WILL BE COMPLETELY OCCUPIED WITHIN THE NEXT FOUR YEARS,
AND IF NO OTHER DISPOSAL METHOD IS INCORPORATED AN ADJACENT AREA
WILLHAVE TO BE TAKEN OVER. PRESENTLY UNDER STUDY IS THE ALTERNATIVE USE
OF THIS RESOURCE.
THE AVERGE TOTAL WEIGHT RECEIVED DAILY AT THE LANDFILL IS 263,490
LBS./DAY. THIS WASTE COMES FROM THECOMMUNITY RESIDENTS, HOSPITAL,
RESTAURANTS, LOCAL BUSINESSES, AGRICULTURAL SCRAP, THE UNIVERSITY, AND
VARIOUS OTHER SMALLER CONCERNS AND IS LISTED IN TABLE 1.
TABLE 1
TABLE 1 OMITTED
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 011 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106887
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
ELIMINATING THE AGRICULTURAL SCRAP AND THE SEPTIC TANK SLUDGE FROM
THE TOTAL, A RECYCLABLE AVERAGE WEIGHT OF 215,877 LBS./DAY IS ESTIAMTED.
TABLE 2 GIVES THE CONSTITUENT BREAKDOWN OF THESE POTENTIALLY RECLAIMABLE
RESOURCES. THE GLASS WAS EXCLUSIVELY BOTTLES AND ALTHOUGH OTHER FORMS OF
GLASS SUCH AS WINDOW CHIPS OR BROKEN GLASS COOKWARE WERE PRESENT AT THE
LANDFILL, NONE WERE ENCOUNTERED DURING THESAMPLE SEPARATION PROCESS.
FERROUS MATERIAL APEARED MAINLY IN THEFORM OF PRODUCE AND BEVERAGE CANS
AND THE ALUMINUM WAS ALMOST EXCLUSIVELY ALUMINUM BEVERAGE CANS.
TABLE 2
TABLE OMITTED
THE SECTOR TITLED "OTHER" WAS COMPRISED OF SCRAP PAPER, CARBON COATED
PAPER, VEGATABLE SCRAP, ANDVARIOUS ODDS AND ENDS NOT ICLUDED IN OTHER
CATEGORIES. AS CAN BE SEEN, THIS CATEGORY MAKES UP A MAJOR PORTION OF
THE REFUSE. BECAUSE OF THIE HIGH MOISTURE CONTENT, THIS PORTION IS
GENERALLY TERMED "WET GARBAGE." IT OBVIOUSLY HAS A HIGHER DENSITY THAT
THE UNCRUSHED BOTTLE OR CAN.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 012 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106888
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE TOTAL VOLUME FIGURE AND THE CONSTITUENT PERCENTAGE WERE VERY MUCH
CONSISTENT WITH FIGURES GENERATED FROM OTHERCOMMUNITIES AROUND THE
NATION. A COMMUNITY VERY SIMILAR TO LAS CRUCES, AMES, IOWA, HAS A
POPULATION OF 65,000 AND GENERATES 4.6 LBS./PERSON DAILY. AS CAN BE
SEEN IN FIGURE 1, LAS CRUCES SERVES A POPULATION OF 61,000 AND GENERATES
4.4 LBS./PERSON DAILY.
FERROUS MATERIAL COMPRISES 10.82 PERCENT OF THE RECYCLABLE REFUSE.
THIS WEIGHS OUT TO BE 23,538 LBS. OF "TIN CANS" DAILY. THSE CANS MUST
FIRST GO THROUGH A DETINNING PROCESS TO SEPARATE THETIN FROM THE STEEL.
BOTH PRODUCTS CAN THEN BE SOLD SEPARATELY. ONE OF THE LARGEST CAN
SALVAGE BROKERS IN THE UNITES STATES IS LOCATED FIFTY MILES SOUTH OF LAS
CRUCES IN EL PASO. THIS COMPANY WILL OFFER $40/TON FOR REASONABLY
CLEAN"TIN CANS." A STUDY OF THEMARKET HAS SHOWN THAT THE PRICE HAS
STEADILY INCREASED FROM $25/TON IN JUNE 1973 TO ITS PRESENT HIGH.
GRAPH OMITTED
AT $40/TON, 23,538 LBS. REPERESENTS $467,16/DAY GROSS RECEIPTS.BASED
ON A SIX DAY WEEK, THIS IS 140,000 LBS. OR $2,803,00. WEEEKLY
SHIPPINGCOSTS FROM LANDFILL TO RAILHEAD AND BY RAIL TO EL PASO ARE AS
FOLLOWS:
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 013 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106889
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
FIGURE 1
GRAPH OMITTED.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 014 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106890
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
GROSS RECEIPTS . . .$2,803.00
LANDFILL TO RAILHEAD . . . 127.50
RAIL SHIPPING . . . 435.00
NET RECEIPTS . . . $2,240.50 PER WEEK
THIS NET PROFIT DOES NOT TAKE INTO ACCOUNT THE COST OF SEPARATION.
ALUMINUM IS RELATIVELY NE TO THE CONSUMER INDUSTRY. IN 1966 IT
REPRESENTED TLESS THAN FIVE PERCENT OF THE METAL CONTAINER INDUSTRY. IN
1973 IT REPRESENTED ABOUT 12 PERCENT, A CHANGE OF SEVEN PERCENT IN SEVEN
YEARS. SOMEOF THE MORE ATTRACTIVE FEATURES OF ALUMINUM OVER STEEL ARE
THAT IT IS LIGHTWEIGHT, GOOD THERMAL CONDUCTOR, HIGHLY NON-CORROSIVE,
AND EASILY WORKABLE. BECAUSE OF ITS VERSATILITY AND EASE IN HANDLIJNG
THE USE OF ALUMINUM CONTAINERS HAS INCRASED AND SHOULD CONTINUE TO
INCREASE IN THE FUTURE.
PRESENTLY, LAS CRUCES DISPOSES OF 1.52 PERCENT OF 3,281 LBS./DAY.
TWO LOCAL SALVAGE COMPANIES PURCHASE SCRAP ALUMINUM AND BOTH WILL PAY
$300/TON FOR THE MATERIAL. THE MARKET PRICE WAS ORIGINALLY SET
NATIONWIDE IN 1970 AT $200/TON BY REYNOLDS ALUMINUM. THE NEW PRICE TOOK
EFFECT IN JUNE 1974. THIS CAN ONLY SHOW THAT THE MARKET FOR ALUMINUM IS
INCREASING.
AT $300/TONTHE DAILY GROSS PROFIT IS $492.15. BASED ON A SIX DAY
WEEK THIS REPRESENTS ABOUT 10 TONS AND $2,952.90/WEEK. SHIPPING COSTS
FROM LANDFILL TO THE SALVAGE YARD WOULD BE ABOUT $17.00/WEEK.
GROSS RECEIPTS . . .$2,952.90
10 MILES TRUCK SHIPPING . . . 17.00
NET RECEIPTS . . . $2,935.90/WEEK
THIS NET RETURN DOES NOT TAKE INTO ACCOUNT THE COST OF SEPARATING
ALUMINUM FROM THE AGLOMETRIC REFUSE.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 015 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106891
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE PERCENTAGE OF GLASS IN MUNICIPALSOLID WASTE HAS GROWN IN RECENT
YEARS, PRIMARILY BECAUSE OF THE ADVENT OF THE NON-RETURNABLE BOTTLE.
NON-RETURNABLE BOTTLES ARE MORE DESIRABLE BECAUSE OF QUALITY AND
DURABILITY ASPECTS. THE BOTTLE MAKES ONLY ONE TRIP AND CAN BE MADE
THINNER WITH LESS QUALITY CONTROL IN IMPERFECTIONS IN THEGLASS. THE
MAJOR FORM OF GLASS IN MUNICIPAL SOLID WASTE IS BOTTLES. WITH THEMARKET
DIMINSHING THE NUMBER OF BOTTLES SIMPLY INCREASES. ONE OF THE
FRIGHTENING ASPECTS IS THAT GLASS WILL NOT DEGRADE IN LANDFILL OR
COMPOST SITUATIONS. SO THE GLASS JUST BUILDS UP.
LAS CRUCES DISPOSES OF 7.82 PERCENT OF 16,881.6 LBS./DAY
1OF MIXED COLOR GLASS. FIRMS THATPURCHASE SCRAP GLASS REQUIRE
THATTHE GLASS BE COLOR SORTED. THE REPRESENTATIVE PRICE
OF $20/TONWAS GIVEN BY FOUR GLASS RECYCLING FIRMS. THE
CLOSEST IS IN WACO, TEXAS, 650 MILES FROM LAS CRUCES. THE
COST OF SHIPPING JUST EQUALS THE GROSS PROFIT SO THATNO NET
PROFIT CAN BE EXPERIENCED. THE CITY WOULD THEN HAVE TO BEAR
THE COST OF SEPARATION.
TH ONLY DESIRABLE MEANS OF RE-USING GLASS IS ON THE LOCAL LEVEL.
PROCESSES HAVE BEEN DEVELOPED FOR MAKING BUIDLING MATERIALS SUCH AS
PANELS OR CERAMIC TILES. GLASS HAS BEEN USED AS AN AGGREGATE FOR STREE
TPAVING OR ROOFING MATERIALS. AT THE PRESENT TIME,THERE IS NO REAL
PROFIT TO BE REALIZED FROM SEGREGATING -GLASS OTHER THAN THAT IT
ELIMINATES A NONDEGRADABLE ITEM FROM THE LANDFILL. ITA-L--AL-INDUSTRY
COULD MAKE A SALEABLE PRODUCT THEN A PROFIT COULD BE SEEN.
PLASTICS SEEM TO E IN THE SAME BOAT AS GLASS. HERE IS A
NON-BIODEGRADABLE ITEMTHAT IS DIFFICULT TO HANDLE AS SCRAP. SINCE 1962
PLASTICS HAVE REVOLUTIONIZED THE PACKAGE INDUSTRY. DURING THEEIGHT YEAR
PERIOD ENDING IN 1969 PLASTICS IN PACKAGING INCRASED FROM 333 MILLION
POUNDS TO 1.8 BILLION POUNDS.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 016 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106892
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
TODAY THEY REPRESENT NEARLY 5.0 PERCNET OF THE TOTAL MUNICIPAL
REFUSE.
PLASTICS REPRESENT NEARLY 65,000 LBS./WEEK IN THE LAS CRUCES CITY
LANDFILL. THEY AREMADE UP OF A LARGE VARIETY OF POLYMERE, SUCH AS
POLYETHYLENE, POLYVINYL CHLORIDE, POLYSTYRENE, POLYPROPYLENE, ANDMANY
OTHERS. EACH GOES THROUGH A DIFFERENT PROCESSING TECHNIQUE AND SO MUST
BE SEGREGATED TO BE REPROCESSED.
AT THE PRESENT TIME,THERE ARE NO KNOW MARKET PLACES FOR PLACEIC
WASTES IN THE UNITED STATES. THIS IS BECAUSE OF THE UNAVAILABILITY OF
GOOD, CLEAN, RECYCLED MATERIAL. IT IS CHEAPRE TO SYNTHESIZE THE PLASTIC
FROM RAW MATERIALS THAN TO RESYNTHESIZE IT FROM RECYECLED MATERIAL.
ALSO,THERE IS NO NUTRIENT VALUE I PLASTICS. THEY ARE VERY SLOW IN
DEGRADING AND GENERALLY REQUIRE DIRECT SUNLIGHT AND HEAT TO DO SO.
LANDFILLING PERMANENTLY CONTAINS PLASTIC JUST AS IT DOES GLASS.
THE ONLY FEASUBLE USE FOR PLASTICS IS FOR THEIR BTU CONTENT.
PLASTICS CONTAIN BETWEEN 10,000 AND 16,000 BTU/LBS., WHICH IS MUCH
HIGHER THAN THE 7,500 BTU/LBS. AVERAGE FOR RAW GARBAGE. IF USED IN
INCINERATION, THEN HIGH TEMPERATURES COULD BE RECHED RATHER RAPIDLY.
MOST INCINERATIN, THEN HIGH TEMPERATURES COLD BE REACHED RATHER RAPIDLY.
MOST INCINERATORS AREUSED TO PRODUCE STEAM. IF PLASTICS WERE USED IN
PYROLYSIS THEN A LOW BTU GAS COULD BE PRODUCED. LOW BTU GAS COULD BE
COMBUSTED AND USED IN POWER GENERATORS OR IT COULD BE REFINED AND SOLD S
PIPELINE GAS.
RIGHT NOW THERE JIST IS NO MARKET FOR RECYCLED PLASTIC. WITH THE
SHORTAGE OF RAW PETROLEUM, THE MARKET COULD EASILY DEVELOP IN THE
FUTURE. SECONDARY POWER GENERATION SEEMS TO BE THE ONLY VIABLE
ALTERNATIVE FOR SCRAP PLASTICS.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 017 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106893
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE SECONDARY PAPER INDUSTRY IS THE MOST FLUCTUATING AND UNSTABLE OF
ANY SCRAP RECYCLING EFFORT. THE MARKET CAN GO FROM $40/TON TO NOTHING,
OVERNIGHT. WITHIN THE PAST YEAR (JUNE 1973-JUNE 1974), MARKET HIGHS OF
$60/TON FOR NEWSPAPER AND CARDBOARD WRE EXPERIENCED WHILE RELATIVELY
STABLE LOWS OF $18/TON WERE ALSO EXPERIENCED. TO HAVEAN EXACT FORECAST
FOR THE FUTURE OF PAPER WOULD BE IMPOSSIBEL BUT BASED ON INFORMATION
GIVEN BY A REPRESENTATIVE OF A MAJOR EL PSO WASTE RECYCLER, FOR THE NEXT
COUPLE OF YEARS THE PRICE FOR SCRAP WILL FLUCTUATE AREOUND $40/TON AND
THE MARKET WILL REMAIN FAIRLY CONSTNAT. THE PRICE TO THEPOBLIC WIL BE
$30/TON FOR CARBOARD AND $15/TON NEWSPAPER. SIXTY THOUSAND POUNDS
PERWEEK OF CARDBOARD REPRESNETS $900/WEEK AND 75,000 LBS./WEEK OF
NEWSPAPER REPRESNETS $562/WEEK. THE TRNSPORTATION COSTS FROM
THELANDFILL TO EL PASO FOR BOTH PAPER PRODUCTS TOGETHER WILL BE
APPROXIMATELY $460/WEEK. THIS LEAVES $1002 PROFIT WEEKLY. AGAIN, THIS
DOES NOT INCLUDE THE COST OF SEPARATION.
WHEN CONSIDERING THE COST OF SEPARATION, ALL COMPONENTS MUST BE TAKEN
INTO CONSIDERATION. GENERALLY, WHEN A PLANT SEPARATES FERROUS METALS,
IT ALSO SEPARATES ALUMINUM, GLASS, AND ALL OTHERS. CONSEQUENTLY, A
TOTAL COST OF SEPARATION MUST BE CONSIDRED. A COST RANGE OF FROM $8 TO
$12 PER TON OF REFUSE PROCESED IN FOUND IN PLANTS NOW ASSUMING
SPEARATION PROCESSES. THIS MAKES THE OVERALL COST OF SEPARATION BETW-EN
$5000 TO $7700 EACH WEEK. TOTAL REVENUES INVOLVED JUST EQUAL THE TOTAL
COST, MAKING THIS A MARGINAL OPERATION.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 018 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106894
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
III. CONCLUSIONS
OF THE ALTERNATIVE PREVIOUSLY MENTIONED, THE MOST DESIRABLE AT THIS
POINT IS THE GENERATION OF POWER. FROM THE 75 PERCENT OF UNERCYCLABLE
REFUSE SOME 140,000 KILOWATT HOURS OF ELECTRICITY (ONE QUARTER OF THE
CITY'S CONSUMPTION) CAN BE GENERATED. AT AN AVERAGE RETAIL PRICE OF
$.03 PER KILOWATT HOUR THIS IS OVER $4000 DAILY. ALTHOUGH THE RECYCLED
PRODUCTS DO NOT SHOW A CLEARPROFIT THEY DO HOLD THEIR OWN WEIGHT. THEY
ARE THE BY-PRODUCTS FROM THE ENERGY GENERATION PROCESSES. CLEARLY, THE
CONSUMPTION OF THIS SECONDARY ENERGY DEMONSTRATES A CONSERVATION OF
NATURAL RESOURCES AS WELL AS A PROFIT TO THE COMMUNITY IN BOTH
AESTHETICS AS WELL AS ECONOMICS.
REFERENCES
1. DAVID BURNSTEIN, REIVEW OF MUNICIPAL SOLID WASTE MANAGEMENT:
PRACTICE AND PROBLEMS, UNPUBLISHED MASTER OF SCIENCE THESIS, DEPARTMENT
OF CIVIL ENGINEERING, NEW MEXICO STATE UNIVERSITY, DECEMBER 1972, PP.
IV, 1, 2, 4-6.
2. U.S. ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF RESERACH AND
DEVELOPMENT,EXPRO 74, A LISTING OF ENVIRONMENT PROJECTS TO BE FUNDED IN
FISCAL YEAR 1974, WASHINGTON, D.C. , NOVEMBER 1973. PP. 82-85.
3. ENVIRONMENTAL PROTECTION AGENCY, STATE OF NEW MEXICO PLANFOR
SOLID WASTE MANAGEMENT, 1970.
4. NATIONAL LEAGUE OF CITIES AND U.S. CONFERENCE OF MAYORS,
MUNICIPAL SOLID WASTE MANAGMENT SERIES, 1974.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 019 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106895
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
NOW IN ITS FOURTH YEAR OF OPERATION, THE CENTER FOR BUSINESS SERVIDES
HAS TWO PRIMARY OBJECTIVES. THE FIRST IS TO PROVIDE BUSINESS AND
ECONOMIC RESERACH SERVICES TO BOTH THE PUBLIC AND PRIVATE SECTORS OF THE
STATE. RESEARCH CAPABILITIES IN THE BEHAVIORAL AND MANAGERIAL SCIENCE,
BUSINESS SYSTEMS, ECONOMIC AND SOCIAL SYSTEMS, MANPOWER DEVELOPMENT
PROGRAMS, MARKETING,AND REGIONAL PLANNING-CAN BE APPLIED TO PROBLEMS
RELATING TO ECONOMIC GROWTH AND BUSINESS DEVELOPMENT IN NEW MEXICO.
THE SECOND OBJECTIVE OF THE CENTER IS TO PROVIDE MANAGEMENT SERVICES
TO BUSINESS ORGINIZATIONS AND ASSOCIATIONS, TO GOVERNMENT AGENCIES, AND
TO THE PUBLIC AS WELL. MANAGEMENT DEVELOPMENT SEMINARS, TRAINING
PROGRAMS, AND ANALYTICAL SERVICES CAN BE DESIGNED TO MEET SPECIFIC
ORGANIZATIONAL NEEDS.
THE FACULTY OF THE COLLEGE OF BUSINESS ADMINISTRATION AND ECONOMICS,
AS WELL AS FACULTY AND STAFF FROM OTHER COLLEGES AND INSTITUTES WITHIN
THE UNIVERSITY, PARTICPATE IN CENTER PROJECTS AND PROGRAMS. A COMPELTE
LINE OF COMPUTER SERVICES (IBM 360/65) IS AVAILABLE, INCLUDING THE DATA
PROCESSING AND ANALYUSIS, PROGRAMMING, AND DATA STORAGE, TECHNICAL
REPORT PREPRATION EDITING,AND PUBLICATION SERVICES ARE AVIALABLE.
THE CENTE RFOR BUSINESS SERVICES IS A MEMBER OF THE ASSOCIATION FOR
UNIVERSITY BUSINESS AND ECONOMIC RESEARCH. THE DIRECTOR IS THE
DEAN,COLLEGE OF BUSINESS ADMINISTRATION AND ECONOMICS. THE ASSOCIATE
DIRECTOR IS DR. JAMES A. ZWERNEMAN, PROFESSOR OF ECONOMICS. CONTRACT
MONITORING IS PROVIDED BY THE UNIVERSITY BY THE UNIVERSITY OF GRANTS AND
CONTRACTS.
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 020 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106896
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
SENATOR DOMENICI. WE WILL RESUME HEARINGS TOMORROW AT 9:30 A.M. THE
WITNESSES WILL BE A PANEL OF CHEMICAL AND PLASTIC INDUSTIRES, A PANEL ON
CAN AND BOTTLE USERS. WE WILL HAVE AN AFTERNOON SESSION STARTING AT 2
O'CLOCK TOMORROW, WITH THE DIRECTOR OF THE AFL-CIO, WASHINGTON,D.C. TO
BE THE WITNESS TOMORROW AFTERNOON.
WE STAND ADJOURNED UNTIL TOMORROW MORNING AT 9:30.
(WHEREUPON, AT 11:55 A.M., THE PANEL RECESSED,TO RECONVENE AT 9:30
A.M., THURSDAY, JULY 11, 1974.).
STATEMENT OF ZWERNEMAN J A
NEED FOR A NATIONAL MATERIALS POLICY
ECONOMIC ASPECTS OF SOLID WASTE MANAGEMENT, 740710
CENTER FOR BUSINESS SERVICES
PART 021 OF 21
ZWERNEMAN J A PROFESSOR OF ECONOMICS ASSOCIATE DIRECTOR
NEW MEXICO STATE UNIVERSITY CENTER FOR BUSINESS SERVICES BOX 3CR LAS
CRUCES, NM 88003
106897
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
BLANK PAGE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 001 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106898
HEARINGS
TRANSCRIPT
SENATE
THE PANEL MET AT 9:30 A.M., PURSUANT TO RECESS, IN ROOM 4200, DIRKSEN
SENATE OFFICE BUILDING, HON. JENNINGS RANDOLPH (CHAIRMAN OF THE FULL
COMMITTEE) PRESIDING.
PRESENT: SENATORS RANDOLPH, BURDICK, STAFFORD, AND DOMENICI.
SENATOR RANDOLPH. GOOD MORNING, LADIES AND GENTLEMEN. THIS IS THE
THIRD DAY OF OUR SERIES OF HEARINGS ON AN IMPORTANT SUBJECT WHICH ALL OF
THOSE WHO ARE WITNESSES AND ARE GUESTS AND OBSERVERS UNDERSTAND TO BE AN
IN-DEPTH STUDY OF RESOURCE RECOVERY LEGISLATIVE PROPOSALS. THESE
MEASURES HAVE TO DO WITH MATTERS RELATED TO THE UTILIZATION OF WASTE
PRODUCTS AND CONTINUED EFFORTS TO IMPROVE THE QUALITY OF THE
ENVIRONMENT. THEY ALSO RECOGNIZE THE VERY RIGHTFUL POSITION OF
INDUSTRY, BOTH MANAGEMENT AND LABOR, IN THE PRODUCTIVITY OF OUR COUNTRY.
MR. GEORGES AND MR. HANKS, IF YOU WILL COME TO THE TABLE, PLEASE. I
THINK YOU ARE TO APPEAR TOGETHER.
MR. GEORGES, WILL YOU IDENTIFY YOURSELF FOR THE RECORD, THE POSITION
YOU HOLD, AND THE GROUP THAT YOU MAY BE APPEARING FOR IF OTHER THAN YOUR
FIRM. THE CHEMICAL AND PLASTICS INDUSTRIES ARE REPRESENTED IN MR.
GEORGES AND MR. HANKS. YOU GENTLEMEN PROCEED AS YOU WOULD DESIRE.
MR. GEORGES. MR. CHAIRMAN, MY NAMES IS JOHN GEORGES. I AM THE
DIRECTOR OF ENVIRONMENTAL AFFAIRS OF THE DU PONT CO.
IN ADDITION TO MR. HANKS I HAVE WITH ME TODAY FROM DU PONT, PHIL
PALMER, PAUL FREDERICK AND ED DAVIS WHO ARE HERE TO ASSIT IN RESPONDING
TO YOUR QUESTIONS.
I AM SPEAKING HERE ON BEHALF OF THE DU PONT CO. WE WANT TO THANK YOU
FOR THE OPPORTUNITY TO PRESENT OUR VIEWS ON THIS AREA OF LEGISLATION
WHICH WOULD HAVE SIGNIFICANT IMPACT ON THE CHEMICAL INDUSTRY, ESPECIALLY
WITH RESPECT TO HAZARDOUS WASTES AND SYNTHETIC PACKAGING.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 002 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106899
HEARINGS
TRANSCRIPT
SENATE
DU PONT, THE WORLDS LARGEST CHEMICAL COMPANY, OPERATES 101 PLANTS IN
31 STATES WITH OVER 100,000 EMPLOYEES. WE HAD SALES OF $5.2 BILLION IN
1973, OF WHICH 5 TO 10 PERCENT CAN BE ATTRIBUTED TO THE SALE OF A WIDE
VARIETY OF MATERIALS SUCH AS CELLOPHANE, MYLAR POLYESTER FILM, AND
POLYETHYLENE RESIN WHICH ARE WIDELY USED IN THE PACKAGING INDUSTRY.
WE RECOGNIZE THAT THE DISPOSAL OF SOLID WASTES IS A MAJOR PROBLEM
BECAUSE OF THE INCREASED GENERATION OF SOLID WASTES, THE HAZARDOUS
NATURE OF SOME WASTES, THE COST OF DISPOSAL, AND THE SHORTAGE OF
DISPOSAL SITES. THERE IS DOUBT WHETHER EXISTING LEGISLATION IS
SUFFICIENT TO COPE WITH THE PROBLEM. WE SHARE THIS COMMITTEE'S CONCERN
THAT SOME OF OUR NATURAL RESOURCES ARE BEING DEPLETED AT A RAPID RATE
AND AGREE THAT GREATER CONSIDERATION SHOULD BE GIVEN TO MORE EFFICIENT
UTILIZATION OF SUCH RESOURCES. WE SHOULD ENCOURAGE RECOVERY OF THOSE
MATERIALS PRESENTLY BEING DISCARDED AS WASTES WHICH STILL HAVE POTENTIAL
VALUE AS A RESOURCE WITHIN THE PRACTICAL LIMITS OF TECHNOLOGY AND
ECONOMICS.
THE DU PONT CO. DOES NOT HAVE EXPERTISE IN ALL AREAS OF THE SOLID
WASTE, HAZARDOUS WASTE, AND RESOURCE CONSERVATION PROBLEMS. HOWEVER, WE
WOULD LIKE TO OFFERS SOME GENERAL SUGGESTIONS WHICH RELATE TO THESE
PROBLEMS, AND THEN FOCUS ON THE AREAS WHERE WE DO HAVE SOME EXPERTISE --
SYNTHETIC PACKAGING MATERIALS AND HAZARDOUS WASTES.
WE BELIEVE THAT PRIVATE ENTERPRISE COULD PROVIDE WASTE DISPOSAL
SERVICES IN MUCH THE SAME WAY AS THEY PROVIDE OTHER COMMUNITY SERVICES
SUCH AS WATER AND ELECTRICITY. PRIVATE ENTERPRISE, PROPERLY ENCOURAGED
AND REGULATED, HAS DEMONSTRATED THE CAPABILITY TO PROVIDE SUCH COMMUNITY
SERVICES EFFECTIVELY AND EFFICIENTLY. APPROPRIATE INCENTIVES, IN THE
FORM OF LOAN GUARANTEES AND TECHNICAL ASSISTANCE SHOULD ENCOURAGE
PRIVATE INDUSTRY TO UNDERTAKE PART OF THE TASK OF SOLID WASTE DISPOSAL
AND/OR RESOURCE RECOVERY ON A FOR-PROFIT BASIS.
1. WE SUPPORT THE ESTABLISHMENT OF FEDERAL STANDARDS FOR THE DISPOSAL
OF WASTES VIA LANDFILL AND INCINERATION, AND THE PROHIBITION AGAINST
OPEN BURNING OR DUMPING OF SOLID WASTES.
2. WE SUPPORT THE REGIONAL COLLECTION, SEPARATION AND DISPOSAL OF
SOLID WASTES IN ORDER TO PROVIDE ECONOMY OF SCALE. HOWEVER, ONSITE
DISPOSAL OF WASTE WHERE ADEQUATE SHOULD BE ALLOWED.
3. REGIONAL DISPOSAL SYSTEMS WHICH COMBINE INCINERATION WITH ENERGY
RECOVERY SHOULD BE FOSTERED AS A DIRECT WAY TO AMELIORATE A NUMBER OF
IMPORTANT NATIONAL PROBLEMS. THESE SYSTEMS WOULD:
(A) PROVIDE A RELATIVELY CLEAN, NONPOLLUTING WASTE FOR DISPOSAL;
(B) REDUCE THE LAND REQUIRED FOR LANDFILL BECAUSE OF THE MAJOR
REDUCTION IN THE VOLUME OF WASTE; AND
(C) REDUCE THE NEED FOR FOSSIL FUELS BY UTILIZATION OF THE ENERGY
RECOVERED FROM THE SOLID WASTE.
4. STATE PERMIT PROGRAMS REGULATING THE ULTIMATE DISPOSAL OF SOLID
AND HAZARDOUS WASTE ARE PREFERABLE TO A FEDERAL REGULATORY PROGRAM.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 003 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106900
HEARINGS
TRANSCRIPT
SENATE
FACTORS SUCH AS POPULATION DENSITY, WASTE VOLUME, DEGREE OF HAZARD,
NUMBER AND LOCATIONS OF LANDFILL SITES, INCINERATORS, AND SO FORTH,
DICTATE A REGULATORY PROGRAM WHICH CAN EASILY CONSIDER SUCH LOCAL
FACTORS.
1. ALL CHEMICAL WASTES MAY NOT BE ECONOMICALLY RECYCLABLE BECAUSE OF
THE LACK OF TECHNOLOGY, HIGH COST, OR BECAUSE RECOVERY MIGHT REQUIRE THE
CONSUMPTION OF MORE RESOURCES -- INCLUDING ENERGY -- THAN WOULD BE
POTENTIALLY RECOVERED IF RECYCLINC WAS ACHIEVED.
2. UNTIL ECONOMICAL, SEPARATION TECHNIQUES ARE DEVELOPED AND PROVEN,
MORE EFFICIENT HANDLING OF SOLID WASTES, AND SEPARATION OF RECYCLABLE
MATERIALS FROM THE WASTE STREAM COULD BE PERFORMED AT THE CONSUMER
LEVEL. THIS COULD BEST BE ENCOURAGED THROUGH CONSUMER EDUCATION AND
APPROPRIATE REGULATIONS ON MUNICIPAL COLLECTION TECHNIQUES.
3. WE FAVOR GOVERNMENT PROCUREMENT PRACTICES WHICH PROMOTE THE
PURCHASE OF RECYCLED MATERIALS, SO LONG AS NO SACRIFICES ARE MADE WITH
RESPECT TO COST, QUALITY, SAFETY, AND SO FORTH.
A COST/BENEFIT ANALYSIS SHOULD BE PERFORMED FOR THE VARIOUS TYPES OF
SOLID WASTES IN ORDER TO DETERMINE WHETHER THE MATERIAL IN QUESTION
SHOULD MERELY BE DISPOSED OF OR DIVERTED INTO A RESOURCE-RECOVERY
SYSTEM.
A NUMBER OF FACTORS, WHICH WILL VARY REGIONALLY, SHOULD BE CONSIDERE
IN THIS ANALYSIS:
(A) COST OF RECOVERY, INCLUDING ENERGY AND ENVIRONMENTAL
CONSIDERATIONS, COMPARED TO THE COST OF DISPOSAL;
(B) SCARCITY OR VALUE OF THE MATERIAL OR RECOVERABLE RESOURCE IN
QUESTION;
(C) AVAILABILITY OF DISPOSAL OR RECYCLING TECHNOLOGY; AND
(D) AVAILABILITY OF A MARKET FOR SUCH RECOVERED MATERIAL OR RESOURCE
WASTES WHICH DO NOT WARRANT MATERIALS RECOVERY EFFORTS AS INDICATED
BY THE SUGGESTED COST/BENEFIT ANALYSIS, SHOULD BE DISPOSED OF BY METHODS
THAT ENCOURAGE ENERGY RECOVERY, CONSERVE VALUABLE LAND, AND DO NOT
SACRIFICE SAFETY. SINCE INCINERATION IS A GOOD SANITARY DISPOSAL
TECHNIQUE WHICH WILL GENERALLY REDUCE THE VOLUME OF THE AVERAGE SOLID
WASTE STREAM BY OVER 90 PERCENT AND OFFER ENERGY RECOVERY POTENTIAL, IT
SHOULD BE CONSIDERED PRIOR TO ANY LANDFILL OPERATION. THIS IS
ESPECIALLY TRUE IN LIGHT OF THE SHORTAGE OF SUITABLE LANDFILL SITES IN
URBAN AREAS. APPLICABLE AIR AND WATER POLLUTION CONTROL REGULATIONS
SHOULD BE MET OF COURSE. LANDFILL SYSTEMS SHOULD BE ADEQUATELY DESIGNED
TO MEET MINIMUM STANDARDS TO AVOID SANITATION PROBLEMS AND TO AVOID
POLLUTION OF ADJACENT OR UNDERGROUND WATERS WHICH MAY RESULT FROM
LEACHING FROM THE LANDFILL.
WE WOULD FAVOR A SOLID WASTE PERMIT PROGRAM PATTERNED AFTER THE NPDES
PERMIT PROGRAM FOR THE DISPOSAL OF ALL SOLID AND HAZARDOUS WASTES
SUBJECT TO THIS LEGISLATION, SO LONG AS SOLID WASTE NOT WATER POLLUTION
GUIDELINES ARE INCORPORATED. SUCH A PROGRAM SHOULD TAKE APPLICABLE AIR
AND WATER POLLUTION CONTROL LAWS INTO CONSIDERATION TO AVOID CONFLICTS
AND DUPLICATION. WE SUGGEST THAT EPA BE GIVEN ADEQUATE TIME TO DEVELOP
REGULATIONS TO IMPLEMENT ANY PERMIT PROGRAM AND THE STATES BE GIVEN
ADEQUATE AUTHORITY TO APPLY THE REGULATIONS WITH FLEXIBILITY TAKING INTO
CONSIDERATION THE NATURE OF THE PLANT, THE WASTES INVOLVED, THE DISPOSAL
FACILITIES AVAILABLE AND ANY OTHER APPLICABLD FACTORS.-
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 004 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106901
HEARINGS
TRANSCRIPT
SENATE
HOWEVER, WE ARE OPPOSED TO SECTION 213(C) OF SENATE BILL 3560 WHICH
APPARENTLY WOULD CLASSIFY ALL SOLID WASTE DISPOSAL SYSTEMS AS POINT
SOURCES, REQUIRE THEM TO OBTAIN NPDES PERMITS UNDER SECTION 402 OF THE
FEDERAL WATER POLLUTION CONTROL ACT AND CONSEQUENTLY, WOULD IMPOSE
SECTION 301 BEST PRACTICABLE AND BEST AVAILABLE DISCHARGE CRITERIA ON
SUCH POINT SOURCES ON A TIME SCHEDULE WHICH WOULD BE IMPOSSIBLE TO
ACHIEVE. ALL POINT SOURCE DISCHARGES OF POLLUTANTS (INCLUDING THOSE
FROM SOLID WASTE DISPOSAL SYSTEMS) INTO NAVIGABLE WATERS ARE ALREADY
REGULATED UNDER THE WATER LAW.
THE WATER LAW WAS SPECIFICALLY DRAFTED TO DEAL WITH PROBLEMS PECULIA
TO WATER POLLUTION. WE FEEL THAT THE DISPOSAL OF SOLID AND HAZARDOUS
WASTES HAVE PECULIAR PROBLEMS WHICH SHOULD BE SUBJECT TO REGULATIONS AND
THOROUGH CONSIDERATION UNDER SPECIFICALLY TAILORED SOLID WASTE
LEGISLATION. IN THIS CONTEXT, WE FAVOR SECTION 126 OF SENATE BILL 3549
WHICH INCLUDES SANITARY LANDFILLS AS A NONPOINT SOURCE UNDER SECTION
304(C)(2) OF THE WATER LAW AND REGUIRES EPA TO EVALUATE THE NATURE AND
EXTENT OF POLLUTANT ORIGINATING FROM SUCH SITE AND TO PUBLISH ANY
REMEDIAL PROCEDURES THAT COULD BE USED TO CONTROL THESE POLLUTANTS.
FOR THE MATERIALS WHICH THE SUGGESTED COST/BENEFIT ANALYSIS INDICATE
ARE APPROPRIATE FOR RECYCLING OR RESOURCE RECOVERY, PRIVATE RECLAMATION
SYSTEMS SHOULD BE ENCOURAGED BY TAX INCENTIVES AND OTHER SUITABLE MEANS.
RECYCLING SHOULD NOT BE ENCOURAGED JUST FOR THE SAKE OF RECYCLING.
MARKETS FOR RECYCLED OR RECOVERED RESOURCES SHOULD BE ENCOURAGED IF THEY
EXIST, OR DEVELOPED IF IT IS ECONOMICALLY FEASIBLE, OR IF THE RESOURCE
IS SCARCE. WE HIGHLY RECOMMEND THE INCLUSION OF ENERGY PORDUCTION AS A
FORM OF RESOURCE RECOVERY IN THE BILLS BEFORE THE SUBCOMMITTEE. THE
PRESENT ENERGY CRISIS DEMANDS THAT WE DO NOT INDISCRIMINATELY DISCARD
MATERIALS WHICH STILL HAVE ENERGY POTENTIAL. WE ENDORSE EPA'S EFFORTS
IN SUPPORTING PILOT PROJECTS TO RECOVER ENERGY SUCH AS THE ONE
SUCCESSFULLY OPERATED IN ST. LOUIS.
WE FAVOR REGULATION OF THE DISPOSAL OF HAZARDOUS WASTES PURSUANT TO
THE ADMINISTRATION BILL (S. 1086) WITH A NUMBER OF CAVEATS.
RECOGNIZING THAT ALL SUBSTANCES IN SOME QUANTITY COULD BE HAZARDOUS,
WE SUGGEST THAT THE DEFINITION OF HAZARDOUS WASTE BE AMENDED TO CONSIDER
THE QUANTITY AND DEGREE OF TOXICITY OF THE WASTE IN QUESTION. WE ARE
TROUBLED BY THE ADMINISTRATION'S DEFINITION OF HAZARDOUS WASTE (S. 1086,
SECTION 3(4)) BECAUSE IT EMPHASIZES PHYSICAL PROPERTIES SUCH AS
DEGRADABILITY AND BIOMAGNIFICATION WITHOUT REGARD TO THE INHERENT
TOXICITY OF A SUBSTANCE OR THE HAZARD IT POSES WHEN DISPOSED OF IN THE
ENVIRONMENT. WE SUGGEST THE DEFINITION BE AMENDED AS FOLLOWS:
HAZARDOUS WASTE MEANS ANY WASTE OR COMBINATION OF WASTES WHICH, AFTER
THEY HAVE BEEN DISPOSED OF, THE ADMINISTRATOR FINDS WILL CAUSE SERIOUS
ADVERSE EFFECTS ON HUMAN HEALTH, ANIMALS OR PLANTS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 005 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106902
HEARINGS
TRANSCRIPT
SENATE
THE ADMINISTRATOR SHALL TAKE INTO ACCOUNT THE FOLLOWING FACTORS IN
DETERMINING WHICH WASTES ARE HAZARDOUS:
(A) THE TOXICITY OF THE WASTE AND ITS NORMAL DECOMPOSITION PRODUCTS
AFTER DISPOSAL IN THE ENVIRONMENT;
(B) THE BIOLOGICAL MAGNIFICATION OF TOXIC COMPONENTS OF (A) THE
WASTES, OR (2) THE NATURAL DECOMPOSITION PRODUCTS OF SUCH WASTES; AND
(C) THE SERIOUSNESS OF THE HAZARDS IN TERMS OF THE QUANTITY AND
CONCENTRATION OF THE WASTE DISPOSED OF AND THE LIKELIHOOD OF ADVERSE
EFFECTS OCCURRING FROM THE DISPOSAL OF SUCH WASTES.
IN ADDITION TO THE ABOVE FACTORS, WE URGE THAT EPA BE REQUIRED TO
CONSIDER:
(A) CURRENT METHODS OF DISPOSAL AND THE AVAILABILITY OF TECHNOLOGY TO
CONVERT THE WASTE TO NONHAZARDOUS FORM; AND
(B) THE EFFECT OF REGULATING THE WASTE IN TERMS OF THE RISKS AVOIDED
VERSUS THE BENEFITS GAINED OR LOST FROM THE CONSUMER, ECONOMIC, SOCIAL,
AND ENVIRONMENTAL STANDPOINT IN PROMULGATING REGULATIONS COVERING THE
DISPOSAL OF HAZARDOUS WASTES.
THE INCREASED USE OF AIR AND WATER POLLUTION CONTROL TECHNOLOGY HAS
RESULTED IN AN INCREASED AMOUNT OF SOLID WASTES SUCH AS:
-- PRECIPITATES FROM FILTRATION SYSTEMS,
-- FLYASH FROM STACK EMISSION CONTROLS,
-- ORGANIC SLUDGE FROM BIOLOGICAL TREATMENT PLANTS,
-- SULFAR COMPOUNDS FROM FLUE GAS SCRUBBERS, AND
-- SLAG FROM INCINERATION. THESE WASTES NOW ADD TO THE NORMAL SOLID
AND HAZARDOUS WASTELOAD THAT WE MUST DEAL WITH. ALTHOUGH NOT ALL SUCH
WASTES ARE HAZARDOUS SOME DO CONTAIN HEAVY METALS, TOXIC ORGANIC
RESIDUES OR OTHER MATERIALS WHICH COULD PRESENT AN ENVIRONMENTAL PROBLEM
IF DISPOSED OF IN AN IMPROPER FASHION. THE MOST COMMON TECHNIQUES WE
USE TO DISPOSE OF SUCH MATERIALS AND SANITARY LANDFILLS, INCINERATION
AND DEEP WELL INJECTION.
HAZARDOUS WASTE IN THE CHEMICAL INDUSTRY MAY VARY WIDELY WITH RESPECT
TO QUANTITY AND QUALITY. IN MANY CASES SPECIAL DISPOSAL TECHNIQUES MAY
BE REQUIRED TO PROPERLY TREAT SUCH WASTES. WE ARE CONCERNED WITH HAVING
TO TRANSPORT ALL HAZARDOUS OR NONHAZARDOUS WASTES TO REGIONAL OR
INDEPENDENT DISPOSAL SITES WHICH MAY LACK EXPERTISE FOR SPECIAL TYPES OF
TREATMENT AND MAY RESULT IN A POTENTIAL FOR ACCIDENTS DURING TRANSPORT.
IN ADDITION, THE NEEDLESS TRANSPORT OF SUBSTANTIAL VOLUMES OF WASTES
WILL RESULT IN CONSIDERABLE ENERGY COSTS. WE ENCOURAGE THE COMMITTEE TO
ALLOW ONSITE TREATMENT AND DISPOSAL OF WASTES SO LONG AS SUCH TREATMENT
AND DISPOSAL DOES NOT PRESENT AN UNREASONABLE THREAT TO HEALTH OR THE
ENVIRONMENT.
WE SUGGEST THAT THIS LEGISLATION BE CONFIED TO THE REGULATION OF
HAZARDOUS WASTES WHICH ARE NOT NOW SUBJECT TO REASONABLE, EFFECTIVE AND
APPROPRIATE CONTROL UNDER OTHER EXISTING FEDERAL LAWS SUCH AS THE CLEAN
AIR ACT; FEDERAL WATER POLLUTION CONTROL ACT; AND THE MARINE
PROTECTION, RESEARCH AND SANCTUARIES ACT.
WE BELIEVE THAT EPA SHOULD BE REQUIRED TO ISSUE REGULATIONS UNDER
SECTION 4 OF SENATE BILL 1086 IDENTIFYING UNSAFE DISPOSAL PRACTICES AND
HAZARDOUS WASTES AND ESTABLISHING CONTROL STANDARDS AND STATE GUIDELINES
THROUGH FORMAL RULEMAKING PROCEDURES WHICH ALLOW AN APPROPRIATE
OPPORTUNITY FOR COMMENT FROM THE PUBLIC AND PRIVATE SECTORS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 006 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106903
HEARINGS
TRANSCRIPT
SENATE
THIS SECTION IS THE HEART OF THIS TITLE AND EPA SHOULD NOT BE
REQUIRED OR ALLOWED TO OPERATE IN A VACUUM OF TECHNICAL ADVICE FROM THE
PRIVATE OR PUBLIC SECTOR. THE REGULATIONS EPA WOULD BE REQUIRED TO
ISSUE UNDER THIS TITLE WOULD DEAL WITH A NUMBER OF VARIED AND COMPLEX
ISSUES. INTERESTED AND AFFECTED PARTIES SHOULD BE PROVIDED WITH THE
OPPORTUNITY TO AIR THEIR VIEWS AND INFORMATION BEFORE EPA ISSUES FINAL
REGULATIONS. THE BILL NOW ONLY REQUIRES EPA TO CONSULT WITH OTHER
FEDERAL AGENCIES.
WE BELIEVE THAT THE DISPOSAL OF WASTES OUGHT TO BE REGULATED INSTEAD
OF REGULATING THE NATURE AND USE OF THE PRODUCT OR THE TYPE OF
MANUFACTURING PROCESS USED. WE BELIEVE THAT PRODUCT STANDARDS COULD
HAVE SEVERE ECONOMIC EFFECTS WHICH MIGHT NOT BE IN THE OVERALL INTEREST
OF THE CONSUMER. RESTRICTIVE PRODUCT STANDARDS WILL HAVE A DETRIMENTAL
EFFECT ON THE DEVELOPMENT OF NEW MATERIALS AND INNOVATIVE USES OF
EXISTING MATERIALS.
THE TOXIC SUBSTANCES CONTROL BILLS (S. 426, AND H.R. 5356) WHICH HAVE
PASSED THE SENATE AND HOUSE CONTAIN AUTHORITY TO ALLOW EPA TO REGULATE
THE COMPOSITION OF PRODUCTS IF THE PRODUCT PRESENTS A SIGNIFICANT HEALTH
AND ENVIRONMENTAL HAZARD WHICH CANNOT BE EFFECTIVELY REGULATED UNDER ANY
DISPOSAL REQUIREMENTS. THE TESTING AND SCREENING MECHANISMS SET OUT IN
THE TOXIC SUBSTANCES BILLS ARE SPECIFICALLY TAILORED TO DEAL WITH TOXIC
CHEMICALS AND PRODUCTS PRESENTING ENVIRONMENTAL OR HEALTH HAZARDS. WE
RECOMMEND THAT ANY HAZARDOUS WASTE PROVISIONS DO NOT DUPLICATE OR
CONFLICT WITH THE TOXIC SUBSTANCES BILLS. WE FEEL SUCH AN APPROACH
WOULD ALLOW EPA TO FOCUS ON TRULY HAZARDOUS MATERIALS WITHOUT BURDENING
INDUSTRY AND ITSELF WITH FONFLICTING OR OVERLAPPING REGULATIONS AND
OVERWHELMING RECORDKEEPING AND MONITORING RESPONSIBILITIES.
THE TYPE OF WASTES PRODUCES RESULTS FROM A NUMBER OF FACTORS
INCLUDING, MOT IMPORTANTLY, THE TYPE OF PROCESS AND RAW MATERIALS USED
TO PRODUCE A PARTICULAR PRODUCT. PROCESS SELECTION IS A HIGHLY COMPLEX
TECHNICAL PROCEDURE WHICH NECESSITATES CONSIDERATION NOT ONLY OF WASTE
GENERATION BUT ALSO A NUMBER OF OTHER ELEMENTS. WE BELIEVE THAT MOST
WASTE DISPOSAL PROBLEMS SHOULD BE DEALT WITH AT THE POINT OF DISPOSAL
NOT AT THE END OF THE PRODUCTION LINE.
WE OPPOSE THE ESTABLISHMENT OF A GENERAL FEE SYSTEM APPLICABLE TO
MAJOR ITEMS OF SOLID WASTES SUCH AS PROPOSED IN SECTION 112(B) OF S.
3549, ESPECIALLY WHERE CONVENTIONAL COLLECTION AND DISPOSAL TECHNIQUES
ARE ADEQUATE TO HANDLE THE PROBLEM. ANY DISPOSAL FEES SHOULD BE
EQUITABLE, ACCURATELY REFLECT THE COST OF DISPOSING THE MATERIALS IN
QUESTION AND MINIMIZE ECONOMIC DISTORTION IN THE MARKETPLACE. BECAUSE
THE TYPE AND COST OF DISPOSAL FOR A GIVEN PRODUCT COULD VARY
SIGNIFICANTLY IN DIFFERENT SECTIONS OF THE COUNTRY, AN ARBITARY NATIONAL
CHARGE IS INAPPROPRIATE AND SHOULD BE IMPOSED ONLY IF ABSOLUTELY
NECESSARY.
PLASTICS, ESPECIALLY WHEN USED IN PACKAGING, HAVE RECEIVED
CONSIDERABLE ATTENTION IN SOLID WASTE LEGISLATION BEFORE THIS
SUBCOMMITTEE. IT STRIKES US AS IRONIC THAT THE REASONS PLASTICS ARE SO
WIDELY USED AND FAVORED BY THE CONSUMER, THAT IS, STRENGTH, LIGHT
WEIGHT, DURABILITY, AND RESISTANCE TO WEATHERING, ARE THE VERY REASONS
THEY ARE CONSIDERED AS PROBLEMS IN SOLID WASTE.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 007 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106904
HEARINGS
TRANSCRIPT
SENATE
IN DEALING WITH THE OVERALL PROBLEMS OF RESOURCE CONSERVATION, SOLID
WASTE, AND LITTER, WE URGE YOU TO KEEP THE ROLE OF PLASTICS IN PROPER
PERSPECTIVE TO THE TOTAL PROBLEM. FOR EXAMPLE, THE CONSUMPTION OF OIL
AND GAS FOR MANUFACTURE OF ALL PLASTIC PACKAGING IN THE UNITED STATES
ACCOUNTS FOR LESS THAN 1 PERCENT OF THE TOTAL OIL AND GAS CONSUMED FOR
ALL USES IN THE UNITED STATES. ALL PLASTIC MATERIALS (NOT JUST
PACKAGING) ACCOUNT FOR APPROXIMATELY 2 PERCENT OF THE TOTAL MUNICIPAL
SOLID WASTE.
PACKAGING PLAYS AN IMPORTANT ROLE IN THE COMMERCIAL DISTRIBUTION
SYSTEM OF VARIOUS PRODUCTS. THE MOST IMPORTANT FUNCTION OF PACKAGING IS
TO PROVIDE SPECIAL PROTECTION FOR PRODUCTS SUCH AS FOOD AND DRUGS IN
ORDER TO PREVENT SPOILAGE OR CONTAMINATION. MANY PLASTIC CONTAINERS AND
FLEXIBLE PACKAGING FILMS ARE SPECIFICALLY DESIGNED TO PROTECT SUCH
PRODUCTS AGAINST MOISURE, DIRT, MICROORGANISMS, LIGHT, HEAT, COLD, AND
OXYGEN. PACKAGING PERFORMS A NUMBER OF OTHER IMPORTANT FUNCTIONS SUCH
AS COMMUNICATIONS, UNITIZING, PROTECTION AGAINST PILFERAGE, APPORTIONING
AND DISPENSING.
WE ENDORSE THE APPROACH SET OUT IN SECTION 218 OF S. 3560 WHICH
EMPHASIZES A MECHANISM FOR RECOVERING RECOVERABLE RESOURCES FROM USED
PACKAGES OR CONTAINERS. WE AGREE WITH THE PROPOSED CRITERIA FOR
CONSIDERATION BY EPA IN PROMULGATING REGULATIONS REQUIRING A
MANUFACTURER TO PURCHASE RECOVERED RESOURCES. OBVIOUSLY, HOWEVER,
TRANSPORTATION COSTS AND ENERGY CONSIDERATIONS SUGGEST THAT THESE
RECOVERED MATERIALS NOT BE SHIPPED OVER LONG DISTANCES SIMPLY TO GET
THEM BACK TO THE ORIGINAL MANUFACTURER.
STEEL, ALUMINUM, AND TO A LESSER EXTENT, GLASS CONTAINERS ARE SUITED
TO RECYCLING THROUGH SUCH A PROGRAM. PLASTICS PRESENT A MORE DIFFICULT,
IF NOT IMPOSSIBLE PROBLEM, BECAUSE OF THE MANY DIFFERENT CHEMICAL TYPES
COMMONLY USED, AND BECAUSE MANY ARE USED IN THE FORM OF LAIMINATES ALONG
WITH OTHER PLASTIC TYPES OR WITH PAPER OR CARDBOARD. SEPARATION OF
THESE LAMINATES OR EVEN OF SIMPLE MIXTURES INTO THEIR COMPONENT PARTS IS
A COMPLEX AND COSTLY TASK.
WITH RESPECT TO FOOD PACKAGING, REUSE WITH OR WITHOUT A REPURCHASE
GUARANTEE WOULD REQUIRE THAT THE SEPARATION CENTER AND/OR THE
MANUFACTURER TAKE INTO ACCOUNT POSSIBLE SERIOUS HEALTH HAZARDS DUE TO
CONTAMINATION WITH BACTERIA OR TOXIC SUBSTANCES. THE COMBINED
SEPARATION, TRANSPORTATION AND REFABRICATION COSTS AND ENERGY
REQUIREMENTS STRONGLY SUGGEST DIRECT ENERGY RECOVERY AS THE MORE
PRACTICAL APPROACH. THE HIGH ENERGY CONTENT OF PLASTICS MAKES THEM
BENEFICIAL COMPONENTS IN SOLID WASTE WHICH CAN BE USED TO GENERATE
ENERGY AND TO ASSIST COMBUSTION OF OTHER COMPONENTS OF SOLID WASTE. IT
WOULD APPEAR THAT THE CONVERSION OF PETROLEUM TO A USEFUL PLASTIC ITEM
OF COMMERCE FOLLOWED BY THE RECOVERY OF A SUBSTANTIAL PORTION OF ENERGY
IN THE PLASTIC ONCE IT IS DISCARDED IS ACTUALLY AN EFFICIENT DUAL USE OF
A NATURAL RESOURCE. WE RECOGNIZE THAT THE DEVELOPMENT OF SYSTEMS FOR
THE COLLECTION AND PRIMARY SEPARATION OF SOLID WASTE, AND THE
CONSTRUCTION OF POWER GENERATING FACILITIES WHICH CAN BURN SUCH FUELS,
IS AN ESSENTIAL PREREQUISITE. NEVERTHELESS, WE FEEL THIS IS A MUCH MORE
REALISTIC SOLUTION THAN RESTRICTIVE REGULATION OF MATERIALS WHICH ARE SO
USEFUL TO SOCIETY.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 008 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106905
HEARINGS
TRANSCRIPT
SENATE
IN-PLANT RECYCLING OF PURE PLASTIC MATERIALS, SUCH AS TRIM PRODUCED
IN FABRICATION, IS WIDELY PRACTICED TODAY. INDEED THE MANUFACTURERS OF
FILM, MOLDINGS, OR BOTTLES, FOR EXAMPLE, CANNOT AFFORD TO DISCARD THIS
VALUABLE SOURCE OF RAW MATERIAL. ONCE USED AND ENTERED INTO THE SOLID
WASTE STREAM, HOWEVER, THERE IS NO PRACTICAL MEANS OF SEPARATING THE
LITERALLY HUNDREDS OF TYPES OF PLASTICS INTO COMMON GROUPS WHICH ARE
SUITABLE FOR REUSE. THERE ARE MANY TYPES AND GRADES OF PLASTICS WHICH
APPEAR SIMILAR TO A LAY PERSON, BUT IN FACT VERY FEW ARE COMPATIBLE IN A
RECYCLE SYSTEM. SOME PROGRESS HAS BEEN MADE IN DEVELOPING LOW-GRADE
APPLICATIONS FOR MIXED PLASTICS, BUT THIS ROUTE DOES NOT APPEAR AT THIS
TIME TO OFFER A BROAD SOLUTION.
THE WIDE USE OF PLASTIC CONTAINERS FOR FOOD, DRUGS, AND OTHER
CONSUMABLES DEMANDS THAT NO COMPROMISES BE MADE RELATIVE TO THE
COMPOSITION OF THE PLASTIC, A FACTOR WHICH SHOULD BE CONSIDERED IN
SECTION 111 OF S. 3549 AND SECTION 218 OF S. 3560. WITH REGARD TO
PURITY AND SANITATION, THE FDA HAS ESTABLISHED RIGOROUS REQUIREMENTS FOR
APPROVAL OF PLASTICS USED IN CONTACT WITH FOOD AND DRUGS. THESE
REQUIREMENTS INCLUDE TESTS FOR EXTRACTION OF MINUTE QUANTITIES OF
RESIDUE BY VARIOUS SOLVENTS WITH TOLERANCE LEVELS MEASURED IN PARTS PER
MILLION. IN MANY CASES, EXTENSIVE ANIMAL FEEDING STUDIES ARE ALSO
REQUIRED. IT WOULD BE EXTREMELY DIFFICULT TO CERTIFY THAT PACKAGING
MATERIALS MANUFACTURED FROM RECYCLED PLASTIC ARE IN CONFORMANCE WITH FDA
STANDARDS BECAUSE OF THE REAL POSSIBILITY OF SOME IMPURITIES FROM
UNKNOWN SOURCES BEING DIFFUSED IN THE RECYCLED PLASTIC.
AS WE UNDERSTAND SECTION 111 OF S. 3549, IT WOULD PERMIT THE
PROHIBITION OF VARIOUS TYPES OF PRODUCTS, PACKAGING, AND CONTAINERS,
EXCLUSIVELY ON THE BASIS OF SOLID WASTE AND RESOURCE CONSUMPTION FACTORS
WITHOUT REGARD FOR THE BENEFITS THE ITEM IN QUESTION PROVIDES FOR
SOCIETY.
IT APPEARS THAT INADEQUATE CONSIDERATION HAS BEEN GIVEN TO THE
CONSTRUCTIVE ROLE WHICH CURRENT PACKAGING TECHNIQUES PLAY IN OUR
SOCIETY. THUS, WE ARE CONCERNED LEST IN THE HOPE OF REDUCING SOLID
WASTE, THE ADVANTAGES OF PACKAGING ARE DEPRECIATED AND RESTRICTIONS
AND/OR PROHIBITIONS ARE IMPOSED UPON PACKAGING WHICH WILL DEPRIVE
CONSUMERS OF THE SAFETY, CONVENIENCE, AND LOWER COST PROVIDED BY IT,
DISRUPT EFFECTIVE DISTRIBUTION SYSTEMS WHICH ARE BASED ON IT, DEMORALIZE
LABOR AND INDUSTRY PATTERNS DEPENDENT UPON IT, AND THUS PRODUCE A NEW
SET OF PROBLEMS OF EVEN GREATER MAGNITUDE AND FOR WHICH WE MAY NOT HAVE
ANY WELL-DEFINED SOLUTIONS.
THE REGULATION OR ELIMINATION OF PACKAGING SYSTEMS COULD TRANSFER
LARGE QUANTITIES OF SOLID WASTE FROM THE FIELDS AND COUNTRYSIDE WHERE IT
IS NOW HANDLED AND DISPOSED, DIRECTLY INTO URBAN DISTRICTS WHERE THE
SOLID WASTE DISPOSAL PROBLEMS IS MOST SEVERE.
THE VALUE OF PLASTICS TO THE FOOD INDUSTRY FOR PACKAGING AND FOOD
WRAP IS ILLUSTRATED BY THE ATTACHED PHOTOGRAPHS MARKED EXHIBITS I AND
II. THESE PHOTOGRAPHS WERE OBTAINED IN A SURVEY WE UNDERTOOK TO
DETERMINE THE EXTENT OF THESE TYPE PRODUCTS IN ACTUAL USE TODAY.
TYPICAL PURCHASE OF FOOD FOR AN AVERAGE FAMILY OF FOUR WAS MADE A
SUPERMARKET.
PLASTIC PACKAGING WAS FOUND TO PLAY A MAJOR ROLE, AS EXPECTED.
EXHIBIT I SHOWS A MONTH'S FOOD SUPPLY. THE TWO CARTS IN THE REAR
REPRESENT THOSE PRODUCTS IN PACKAGES WHICH WERE EITHER RETURNABLE,
RECLYCLABLE, OR DEGRADABLE.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 009 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106906
HEARINGS
TRANSCRIPT
SENATE
THE FIVE CARTS IN FRONT ARE THOSE WITH PACKAGES WHICH DO NOT QUALIFY
BY THOSE CRITERIA.
(EXHIBIT I FOLLOWS:)
PICTURE OMITTED.
EXHIBIT II SHOWS HOW MEATS ARE CURRENTLY PAKCAGED IN MOST
SUPERMARKETS. THESE SIMPLE LOOKING FILMS IN THE MEAT PACKAGES ARE IN
MANY CASES HIGHLY COMPLEX STRUCTURES, OFTEN COMPRISING FROM TWO TO FIVE
LAYERS OF COMPOSITE MATERIALS WHICH PERFORM SUCH FUNCTIONS AS PROTECTING
THE PRODUCT FROM RANCIDITY DUE TO PERMEATING OF OXYGEN, FROM DEHYDRATION
DUE TO LOSS OF WATER, FROM SPOILAGE DUE TO PENETRATION BY BACTERIA AND
MOLD.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 010 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106907
HEARINGS
TRANSCRIPT
SENATE
(EXHIBIT II FOLLOWS:)
PICTURE OMITTED
ALL OF THIS IS IN A STRONG, SEALED, INEXPENSIVE LIGHT WEIGHT PACKAGE
WHICH IS TRANSPARENT TO PERMIT THE CONSUMER FULL INSPECTION OF THE
CONTENTS. WE FEEL IT WOULD BE DIFFICULT, IF NOT IMPOSSIBLE, TO REPLACE
THE PLASTIC IN MANY OF THESE DURABLE, SANITARY, AND EFFICIENT STRUCTURES
WHICH PROTECT OUR FOOD SUPPLY. SURELY, IN VIEW OF WORLDWIDE FOOD
SHORTAGES THE CONSUMER MUST BE ASKED IF HE IS WILLING TO RETURN TO THE
INEFFICIENT FOOD HANDLING PROCEDURES OF PREPLASTIC TIMES WHERE SPOILAGE
AND WASTE WERE COMMONPLACE.
WITH RESPECT TO PLASTIC FOOD WRAPS AND PACKAGING, WE BELIEVE THEIR
OVERALL ADVANTAGES FAR OUTWEIGH ANY POSSIBLE DISADVANTAGE TO OUR MODERN
SOCIETY.
THE PROPERTY OF DEGRADABILITY HAS ATTAINED PROMINENCE RECENTLY IN
RESPECT TO SOLID WASTE. AGAIN, WE URGE THAT FULL CONSIDERATION OF THE
PROS AND CONS BE GIVEN PRIOR TO ANY ATTEMPT TO LEGISLATE IN THIS AREA.
WE BELIEVE A PLACE FOR DEGRADABLE PLASTICS MAY INDEED BE DEVELOPED WHICH
COULD PROVE HELPFUL IN REDUCING LITTER. HOWEVER, PAPER WHICH IS A
DEGRADABLE MATERIAL, CONSTITUTES A PROMINENT PART OF LITTLER. THIS
INDICATES THAT DEGRADABILITY PER SE IS BY NO MEANS A BROAD SOLUTION TO
THE PROBLEM. WE BELIEVE THE PROPERTY OF DEGRADABILITY IN WASTE
MATERIALS IS A COMPLEX SUBJECT WHICH SHOULD BE FURTHER EXPLORED TO
ANSWER SUCH QUESTIONS AS, THE NATURE OF ULTIMATE PRODUCTS OF
DEGRADATION, THE EFFECTS OF BREATKDOWN PRODUCTS ON GROUND WATERS, THE
INTERACTION WITH SOIL BACTERIA, AND SO FORTH.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 011 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106908
HEARINGS
TRANSCRIPT
SENATE
IF THE WASTE IS INCINERATED, ITS BIODEGRADABILITY IS NOT RELEVANT.
FOR A LANDFILL OPERATION, WE BELIEVE THAT INERT PLASTIC MATERIALS, LIKE
DIRT AND ROCK, ARE DESIRABLE MATERIALS.
AN ANALYSIS OF THE TOTAL ENVIRONMENTAL IMPACT OF TWO WIDELY USED
PACKAGING MATERIALS REVEALS SOME INTERESTING INFORMATION ON THE TOTAL
CONSUMPTION OF RAW MATERIALS, FUEL AND ENERGY AS EACH PRODUCT IS TRACED
BACK THROUGH ALL MANUFACTURING STEPS TO ITS NATURALLY OCCURRING RAW
MATERIAL. THE ENERGY ROLLUP FOR THESE MATERIALS WAS CALCULATED TO
INCLUDE FEEDSTOCK ENERGY, MANUFACTURING AND TRANSPORT ENERGY, AND ENERGY
RECOVERABLE BY INCINERATION. REFERENCE TO THE ATTACHED CHART MARKED
EXHIBIT III WILL SHOW A BASIC COMPARISON FOR KRAFT PAPER WITH
POLYETHYLENE, THE LARGEST VOLUME PLASTIC.
EXHIBIT III FOLLOWS:)
EXHIBIT III
TOTAL ENERGY REQUIREMENT TO PROVIDE 1,000 LB OF PRODUCT (MILLIONS OF
BTU)
TABLE OMITTED
YOU WILL NOTE THAT THE TOTAL ENERGY REQUIRED TO PRODUCE 1,000 POUNDS
OF POLYETHYLENE FILM IS MORE THAN THAT REQUIRED FOR A COMPARABLE
QUANTITY OF KRAFT PAPER, BUT WHEN THE POTENTIALLY RECOVERABLE ENERGY OF
THE WASTE IS CONSIDERED, THE TWO PRODUCTS ARE ESENTIALLY AT A STANDOFF.
THE COMPARISON OF POLYETHYLENE WITH PAPER BEARS FURTHER SCRUTINY,
HOWEVER. FOR THOSE FEW APPLICATIONS WHERE POLYETHYLENE HAS REPLACED
PAPER AS A PACKAGING MATERIAL (FOR EXAMPLE, SHIPPING BAGS, DRY CLEANING
BAGS, BREAD WRAP), THE POLYETHYLENE REQUIRED FOR THE APPLICATION USES
ONLY ONE-THIRD TO ONE-HALF THE WEIGHT OF THE PAPER PREVIOUSLY USED.
AS SHOWN IN THE EXAMPLE OF EXHIBIT IV THIS HAS RESULTED IN A
SUBSTANTIAL REDUCTION OF ENERGY REQUIRED, AS WELL AS A REDUCTION IN THE
ACTUAL VOLUME OF MATERIAL USED AND EVENTUALLY DISCARDED. ENERGY
AVAILABLE FOR RECOVERY IS ABOUT THE SAME EVEN THOUGH PAPER HAS ONLY
ABOUT ONE-HALF THE UNIT ENERGY CONTENT OF POLYETHYLENE. THIS IS BECAUSE
THERE IS TWICE THE AMOUNT OF PAPER TO BE BURNED.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 012 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106909
HEARINGS
TRANSCRIPT
SENATE
(EXHIBIT IV FOLLOWS:)
EXHIBIT IV
COMPARISON OF TOTAL ENERGY REQUIREMENT 50-LB CAPACITY POLYETHYLENE
SHIPPING BAG VERSUS 50-LB CAPACITY MULTIWALL KRAFT PAPER SHIPPING BAG
TABLE OMITTED
WE EMPHASIZE THAT THIS IS NOT AN ATTEMPT TO FAVOR ONE MATERIAL OVER
THE OTHER. INDEED, THERE ARE RELATIVELY FEW APPLICATIONS IN WHICH PAPER
AND PLASTICS ARE FUNCTIONALLY EQUIVALENT. WE HOPE WE HAVE MADE THE
POINT THAT FOSSIL-BASED PLASTICS ARE NOT NECESSARILY HIGHER CONSUMERS OF
ENERGY THAN OTHER MATERIALS WHEN FUNCTIONAL REQUIREMENTS TO DO A
SPECIFIC JOB ARE CONSIDERED.
IN SUMMARY, TODAY'S TECHNICALLY SOPHISTICATED PACKAGING IS BASED ON
FUNCTIONALITY AND ECONOMICS WHICH RESULT IN EFFICIENCY, CONVENIENCE AND
PROTECTION FOR THE CONSUMER THAT WAS UNDREAMED OF A GENERATION AGO. WE
BELIEVE THAT THERE IS A LOGICAL ROLE FOR MANY MATERIALS IN PACKAGING,
INCLUDING GLASS, METAL, PAPER, AND PLASTIC. WE URGE THAT THE TOTAL
EFFECTS ON OUR RESOURCES, OUR ECOLOGY, OUR INDUSTRY, AND ABOVE ALL, OUR
CONSUMERS, BE THOROUGHLY CONSIDERED IN DEVELOPING LEGISLATION RELATIVE
TO RESOURCE CONSERVATION AND SOLID WASTE.
GENTLEMEN, WE THANK YOU FOR YOUR CONSIDERATION. ARE THERE ANY
QUESTIONS?
SENATOR RANDOLPH. THANK YOU VERY MUCH, MR. GEORGES.
THE MEMBERS OF OUR PANEL HAVE DETERMINED THAT IT WOULD BE BEST TO
HAVE THE FORMAL STATEMENTS AND THEN WE WILL GO INTO COLLOQUY WITH OUR
GUEST WITNESSES.
MR. HANKS. I WILL PROCEED, MR. CHAIRMAN.
SENATOR RANDOLPH. THANK YOU, MR. HANKS.
MR. HANKS. MY NAME IS GEORGE HANKS. I AM OPERATIONS MANAGER,
ENVIRONMENTAL AND RELATED AFFAIRS FOR UNION CARBIDE'S CHEMICALS AND
PLASTICS GROUP. I APPEAR HERE IN THAT CAPACITY, AND ALSO AS A MEMBER
AND FORMER CHAIRMAN OF THE SOLID WASTES MANAGEMENT COMMITTEE OF THE
MANUFACTURING CHEMISTS ASSOCIATION, A MAJOR TRADE ASSOCIATION OF THE
NATION'S CHEMICAL INDUSTRY.
I AM A MECHANICAL ENGINEER WITH OVER 30 YEARS EXPERIENCE WITH MY
COMPANY, AND HAVE BEEN ENGAGED PROFESSIONALLY IN THE ENVIRONMENTAL
ASPECTS OF CHEMICAL PRODUCTION FOR THE PAST 5 1/2 YEARS.
UNION CARBIDE CORPORATION IS ONE OF THE NATION'S LARGEST CORPORATION
WITH PRODUCTION FACILITIES IN 44 STATES. THE CORPORATION'S TOTAL
WORLDWIDE SALES LAST YEAR APPROACHED $4 BILLION. ALTHOUGH GENERALLY
CLASSIFIED AS A CHEMICALS AND PLASTICS COMPANY, UNION CARBIDE IS ALSO A
MAJOR PRODUCER OF CARBON PRODUCTS, METALS, FERROALLOYS, INDUSTRIAL
GASES, AND CONSUMER PRODUCTS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 013 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106910
HEARINGS
TRANSCRIPT
SENATE
UNION CARBIDE AND ITS MAJOR SUBSIDIARIES CURRENTLY EMPLOY NEARLY
70,000 PEOPLE IN THE UNITED STATES.
IT IS A PLEASURE FOR ME TO RESPOND TO THE COMMITTEE'S INVITATION TO
TESTIFY WITH RESPECT TO THOSE ASPECTS OF THE LEGISLATION NOW BEFORE YOU
WHICH CONCERN HAZARDOUS SOLID WASTES.
THE MANUFACTURING PROCESSES USED IN THE PRODUCTION OF ORGANIC
CHEMICALS AND PLASTICS, OR IN WHAT FREQUENTLY IS REFERRED TO AS THE
PETROCHEMICAL INDUSTRY, OFTEN PRODUCE LARGE QUANTITIES OF WASTE
PRODUCTS. THIS OCCURS BECAUSE:
1. OUR RAW MATERIALS SELDOM ARE 100 PERCENT PURE. THESE IMPURITIES
AND THE REACTION PRODUCTS OF THESE IMPURITIES MUST BE DISCARDED FROM THE
MANUFACTURING SYSTEM.
2. CHEMICAL PROCESSES THEMSELVES SELDOM ARE 100 PERCENT EFFICIENT.
OFTEN SIDE REACTIONS OCCUR THAT PRODUCE UNWANTED BYPRODUCTS CONCURRENT
WITH THE DESIRED PRODUCT.
3. IN SOME CASES, IN ORDER TO MAKE THE DESIRED PRODUCT, THE PROCESS
USED WILL PRODUCE A SECONDARY PRODUCT THAT MAY OR MAY NOT HAVE
COMMERCIAL VALUE.
SOME WASTE PRODUCTS, OR BYPRODUCTS, HAVE UTILITY AND CAN BE
SEPARATELY RECOVERED FOR THEIR OWN PRODUCT VALUES, EITHER AS A SEPARATE
CHEMICAL PRODUCT OR BECAUSE OF SOME SPECIFIC MATERIAL CONTENT THAT HAS
VALUE. WE RECOVER MANY SUCH CHEMICALS OURSELVES, AS WELL AS FREQUENTLY
SELLING CERTAIN BYPRODUCT OR WASTE STREAMS TO OTHER COMPANIES WHO
RECOVER CHEMICAL VALUES FOR THEIR OWN PURPOSES. OTHER WASTES HAVE GOOD
FUEL VALUE AND CAN BE INCINERATED FOR ENERGY RECOVERY. INDEED, AT MOST
OF UNION CARBIDE'S CHEMICALS AND PLASTICS MANUFACTURING PLANTS WE
SUPPLEMENT THE NORMAL FUEL SUPPLIES FOR OUR PLANT BOILERS WITH WASTE
CHEMICALS WHENEVER THIS CAN BE DONE SAFELY AND WITHOUT VIOLATING
ENVIRONMENTAL REGULATIONS. WASTES OF THIS TYPE DO NOT PRESENT A PROBLEM
EITHER TO THE ENVIRONMENT OR THE THE PRODUCER, AND NEED NOT BE A SUBJECT
OF LEGISLATIVE CONCERN.
OTHER WASTE PRODUCTS DO NOT HAVE A RESOURCE CONTENT WHICH JUSTIFIES
PRODUCT OR ENERGY RECOVERY. THESE WASTES TAKE THE FORM OF SOLID
MATERIALS, SLUDGE, TARS, AND LIQUIDS; ALL OF WHICH TECHNICAL EXPERTS IN
OUR INDUSTRY GROUP TOGETHER UNDER THE TERM "SOLID WASTES." THOSE WASTES
WHICH ARE NONINCINERABLE AND HAVE NO COMMERCIAL VALUE MUST BE DISPOSED
OF. TO DENY OPPORTUNITY FOR DISPOSAL WOULD EFFECTIVELY ELIMINATE MUCH
OF THE CHEMICAL PROCESS INDUSTRY. DISPOSAL IN OR ON THE LAND OR
DISPOSAL IN THE OCEANS ARE THE ONLY VIABLE ALTERNATIVES AVAILABLE. THE
LATTER IS REGULATED BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER THE
AUTHORITY OF PUBLIC LAW 92-532, THE MARINE PROTECTION, RESEARCH AND
SANCTUARIES ACT OF 1972. EPA, IN ITS REPORT TO CONGRESS ON JUNE 30,
1973, AS CALLED FOR BY THE SOLID WASTE DISPOSAL ACT (PUBLIC LAW 89-272),
ADDRESSED THE PROBLEM OF LAND DISPOSAL OF HAZARDOUS WASTES AND BECAME
THE BASIS OF THE EPA EGISLATIVE RECOMMENDATIONS AS EMBODIED IN S. 1086.
MY TESTIMONY TODY WILL FOCUS ON HAZARDOUS SOLID WASTES AND, IN
PARTICULAR, ON THOSE HAZARDOUS WASTES PRODUCED BY THE CHEMICAL INDUSTRY.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 014 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106911
HEARINGS
TRANSCRIPT
SENATE
OF COURSE, A LARGE PROPORTION OF THE CHEMICAL INDUSTRY'S SOLID WASTES
IS NOT BY ITS NATURE HAZARDOUS TO HUMANS OR TO THE ENVIRONMENT; NOR IS
THE CHEMICAL INDUSTRY THE ONLY SOURCE OF HAZARDOUS WASTES. FOR EXAMPLE,
AGRICULTURAL OPERATIONS, HOSPITALS, AND THE FEDERAL GOVERNMENT ITSELF
PRODUCE SUCH WASTES, ALONG WITH OTHER INDUSTRIES RANGING FROM PRINTING
TO ELECTRONICS. THE COMMITTEE MAY WISH TO EXAMINE FURTHER THE PROBLEMS
THAT ARISE FROM SUCH OTHER SOURCES OF HAZARDOUS WASTES.
WE ARE CONVINCED THAT HAZARDOUS SOLID WASTES, DESPITE THE FACT THAT
THEY CONSTITUTE ONLY A SMALL PROPORTION OF ALL SOLID WASTES DESERVE
SEPARATE AND DISTINCT LEGISLATIVE TREATMENT. WE BELIEVE IT WOULD BE A
SERIOUS MISTAKE TO LUMP THEM TOGETHER WITH NONHAZARDOUS WASTES INTO THE
SAME LEGISLATIVE OR REGULATORY PROGRAMS. ONE OF THE KEY REASONS FOR
THIS IS THE DIFFERING NATURE OF THE HAZARDS WHICH MAY BE INVOLVED. SOME
WASTES PRESENT HAZARDS SOLELY BECAUSE OF THEIR FLAMMABILITY OR
REACTIVITY. SUCH WASTES MAY REQUIRE CARE IN HANDLING OR DISPOSAL, BUT
PRESENT NO THREAT WHEN DISPOSAL IS HANDLED PROPERLY. MANY SUCH WASTES
ARE DEGRADED BY SOIL BACTERIA IN LAND DISPOSAL IN A SIMILAR WAY THAT
BACTERIA IN CONVENTIONAL WASTEWATER TREATMENT FACILITIES CONSUME ORGANIC
WASTES.
SOME WASTES PRESENT HAZARDS BECAUSE THEY ARE TOXIC TO ANIMAL LIFE OR
MAY CAUSE SOME OTHER HARMFUL HEALTH EFFECTS. OBVIOUSLY, CAREFUL
PLANNING FOR DISPOSAL OF SUCH WASTES IS NECESSARY. AGAIN, MANY SUCH
WASTES ARE BIOLOGICALLY DEGRADABLE.
SOME WASTES CAN BE TREATED TO MAKE THEM LESS HAZARDOUS PRIOR TO
DISPOSAL; OTHERS MAY NOT. THE TERM "TREATMENT" AS USED HERE IMPLIES
SOME FORM OF CHEMICAL OR PHYSICAL TREATMENT TO ALTER THE WASTE TO A LESS
HAZARDOUS FORM. IN ANY CASE, LAND DISPOSAL SITES CAN BE DESIGNED TO BE
CONSTRUCTED AND OPERATED TO PROTECT AGAINST THE PECULIAR HAZARDS OF THE
WASTES TO BE DISPOSED OF.
IN GENERAL, LANDFILL DISPOSAL OF CHEMICAL WASTES, AND CERTAINLY OF
THOSE WASTES WHICH ARE NOT HAZARDOUS OR WHERE THE DEGREE OF HAZARD IS
SMALL, IS WIDELY RECOGNIZED AS OFFERING A DISPOSAL METHOD THAT OFFERS
THE LEAST ENVIRONMENTAL STRESS. SUCH AN OPERATION CAN BE PRACTICED
EFFECTIVELY IN A JOINT OR COOPERATIVE FACILITY FOR COMMUNITY SOLID
WASTES, OR AS A SEPARATE FACILITY SPECIFICALLY PLANNED FOR CHEMICAL
WASTES. OBVIOUSLY, A VARIETY OF FACTORS NEED TO BE CONSIDERED IN
EVALUATING THE FEASIBILITY OF LANDFILLING A PARTICULAR WASTE. THESE ARE
DESCRIBED IN AN ATTACHMENT TO THIS STATEMENT: A GUIDE FOR LANDFILL
DISPOSAL OF SOLID WASTE, WHICH WAS PREPARED BY THE SOLID WASTE TECHNICAL
COMMITTEE OF THE MANUFACTURING CHEMISTS ASSOCIATION FOR THE BENEFIT OF
ITS MEMBER COMPANIES.
THE DEGREE OF ATTENTION TO HAZARDOUS WASTES VARIES CONSIDERABLY AMONG
THE BILLS UNDER CONSIDERATION BY YOUR COMMITTEE. ALSO, THE APPROACH TO
CONTROL IS VARIED. SENATOR RANDOLPH'S S. 3560 AND SENATOR MUSKIE'S S.
3549 USE THE AUTHORITIES GRANTED TO EPA UNDER THE CLEAN AIR ACT AND THE
FEDERAL WATER POLLUTION CONTROL ACT AS A MEANS OF REGULATION SENATOR
DOMENICI'S S' 3277 ADDRESSES THE MATTER MORE DIRECTLY BY CALLING FOR EPA
TO PROMULGATE STANDARDS FOR HANDLING AND FOR DISPOSAL OF HAZARDOUS AS
WELL AS OTHER SOLID WASTES, AND FOR EPA TO EXERCISE CERTAIN
RECORDKEEPING, REPORTING AND INSPECTION REQUIREMENTS FOR PERSONS WHO
GENERATE HAZARDOUS WASTES.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 015 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106912
HEARINGS
TRANSCRIPT
SENATE
THE LEGISLATIVE PROPOSALS IN SENATOR BAKER'S S. 1086 ARE THE MOST
DETAILED IN ADDRESSING HAZARDOUS WASTES
WE AGREE THAT THERE IS A NEED TO PROVIDE FOR EFFECTIVE REGULATION OF
DISPOSAL OF HAZARDOUS WASTES. WE VIEW SUCH REGULATION AS SERVING BOTH
TO PROTECT OUR INDUSTRY AS WELL AS THE PUBLIC INTEREST. WE SUGGEST THAT
LEGISLATION TO CONTROL SAFE TREATMENT AND DISPOSAL OF HAZARDOUS WASTES
SHOULD STAND AS A SEPARATE ACT OR AS A SEPARATE MAJOR TITLE OF ANY
BROADER RESOURCES CONSERVATION OR SOLID WASTE CONTROL BILL THAT CONGRESS
MAY CHOOSE TO ENACT.
SUCH LEGISLATION SHOULD PROVIDE FOR FEDERAL DESIGNATION OF HAZARDOUS
WASTES. IT ALSO SHOULD PROVIDE FOR FEDERAL PROMULGATION OF APPROPRIATE
STANDARDS FOR DISPOSAL OR TREATMENT SITE FEATURES; AND FOR SITE
OPERATION TO ACHIEVE SAFE HANDLING, TREATMENT, AND DISPOSAL OF HAZARDOUS
WASTES. THESE STANDARDS SHOULD TAKE INTO ACCOUNT PREVENTION OF
POLLUTION OF SURFACE AND UNDERGROUND WATERS, AS WELL AS ASSURING THAT
APPROPRIATE AIR POLLUTION CONTROL REGULATIONS ARE MET. WE BELIEVE THAT
SPECIFIC LEGISLATION DIRECTED TO PROVIDE ENVIRONMENTALLY SAFE DISPOSAL
OF HAZARDOUS OR OTHER SOLID WASTES IS MORE APPROPRIATE THAN ATTEMPTING
TO USE THE AUTHORITIES OF THE FEDERAL WATER POLLUTION CONTROL ACT AND
THE CLEAN AIR ACT TO ACCOMPLISH THIS PURPOSE.
THE RESULTANT AUTHORITIES OF SUCH LEGISLATION SHOULD BE ADMINISTERED
BY THE STATES CONSISTENT WITH THE FEDERAL STANDARDS ESTABLISHED UNDER
THE LEGISLATION.
WE ARE PLEASED TO SEE THAT MORE THAN ONE OF THE PROPOSED BILLS
SPECIFICALLY ENCOURAGES REGIONAL PLANNING FOR SOLID WASTE SYSTEMS THAT
INCLUDES PROVISIONS FOR HAZARDOUS AS WELL AS NONHAZARDOUS WASTES. WE
BELIEVE THAT THE ECONOMIES DERIVED FROM REGIONAL FACILITIES WILL BE
SUPPLEMENTD BY A HIGHER DEGREE OF LIKELIHOOD OF ACHIEVING THE
LEGISLATIVE GOALS, AND SERVE TO ASSURE INDUSTRY THAT ITS SITES WILL BE
AVAILABLE FOR SAFE DISPOSAL OF ITS WASTES. AT THE SAME TIME, INDUSTRY
SHOULD NOT BE DENIED THE RIGHT TO CONDUCT DISPOSAL OF ITS OWN WASTES IF
IT HAS THE FACILITIES TO DO SO PROPERLY.
ONE ESSENTIAL ELEMENT OF A REGULATORY PROGRAM FOR DISPOSAL OF
HAZARDOUS WASTES ON LAND IS THAT THERE BE CLEAR DEFINITION OF THE TERMS
"WASTE" AND "HAZARDOUS WASTE" IN THE LEGISLATION. WE AGREE WITH THE
DEFINITION OF WASTE INCLUDED IN S. 1086 WITH SLIGHT MODIFICATION:
THE TERM"WASTE" MEANS USELESS, UNWANTED OR DISCARDED SOLID SEMI-SOLI
OR LIQUID MATERIALS, BUT SPECIFICALLY EXCLUDING LIQUIDS CONTROLLED UNDER
THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972.
IN TURN, WE RECOMMEND THAT THE DEFINITION OF 'HAZARDOUS WASTE" SHOULD
ONLY PROVIDE GUIDANCE TO THE EPA ADMINISTRATOR IN IDENTIFYING THE NATURE
OF MATERIALS TO BE CONSIDERED FOR REGULATION. ACCORDINGLY, WE RECOMMEND
THE FOLLOWING:
THE TERM "HAZARDOUS WASTE" MEANS ANY WASTE OR COMBINATION OF WASTES
WHICH, WHEN DISPOSED OF IN SUFFICIENT QUANTITIES IN OR ON THE LAND, POSE
A SUBSTANTIAL PRESENT OR PREDICTABLE POTENTIAL HAZARD TO HUMAN HEALTH OR
TO BENEFICIAL LIVING ORGANISMS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 016 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106913
HEARINGS
TRANSCRIPT
SENATE
WE BELIEVE THAT CONGRESS SHOULD DIRECT THE ADMINISTRATOR TO USE
FORMAL RULEMAKING PROCEDURES FOR SPECIFYING HAZARDOUS WASTES; AND THAT
THE PURPOSES OF PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, AS WELL AS
THE PUBLIC INTEREST, WOULD BE SERVED BY PROVIDING IN THE LEGISLATION
THAT:
IN INDENTIFYING ANY WASTE AS HAZARDOUS, THE ADMINISTRATOR SHALL
SPECIFY THE PHYSICAL, CHEMICAL OR BIOLOGICAL PROPERTIES OF SUCH WASTE
WHICH RENDER IT A HAZARDOUS WASTE, TAKING INTO ACCOUNT:
1. THE INTERRELATIONSHIP BETWEEN THE FOLLOWING: A. THE QUANTITY TO
BE DISPOSED OF, B. THE DEGREE OF TOXICITY OF THE WASTE, C. ITS
NON-DEGRADABLE OR PERSISTENT NATURE IN THE ENVIRONMENT, AND D. ITS
BIOLOGICAL MAGNIFICATION POTENTIAL IN THE ENVIRONMENT.
2. MEANS OF DISPOSAL, DISPOSAL SITES, AND DISPOSAL PRACTICES; AND
AVAILABILITY OF TECHNOLOGY TO CONVERT THIS WASTE TO A NONHAZARDOUS FORM.
3. THE EFFECTS OF REGULATING THE WASTES IN TERMS OF THE RISKS AVOIDE
COMPARED TO THE BENEFITS GAINED OR LOST FROM THE ECONOMIC, SOCIAL, AND
ENVIRONMENTAL STANDPOINTS.
REGULATIONS DEFINING ACCEPTABLE DISPOSAL PRACTICES FOR HAZARDOUS
WASTES SHOULD, OF COURSE, BE DIRECTED TOWARD PROTECTION FROM THE
PARTICULAR HAZARD OR HAZARDS THAT CAUSE A WASTE TO BE IDENTIFIED AS A
HAZARDOUS WASTE.
I WOULD LIKE TO ADDRESS THE VARIOUS RESPONSIBILITIES OF THOSE WHO
GENERATE OR DISPOSE OF HAZARDOUS WASTES. WE ACKNOWLEDGE THAT THE
GENERATOR HAS A RESPONSIBILITY OF ASSURING THAT ALL HIS HAZARDOUS WASTES
ARE TREATED OR DISPOSED OF AT A PROPERLY DESIGNED AND OPERATED AND
PERMITTED HAZARDOUS WASTE DISPOSAL SITE OR TREATMENT FACILITY, AS WELL
AS MAINTAINING REASONABLE RECORDS OF THE HAZARDOUS WASTES WHICH HE
PRODUCES, AND THEIR DISPOSITION; AND TO PROPERLY LABEL AND IDENTIFY
THOSE WASTES THAT ARE TRANSPORTED OFFPLANT FOR TREATMENT OR DISPOSAL.
SHOULD A GENERATOR ALSO OPERATE HAZARDOUS WASTE TREATMENT OR DISPOSAL
FACILITIES AT HIS MANUFACTURING SITE, HE SHOULD BE SUBJECT TO THE SAME
REGULATION THAT WOULD APPLY TO AN OFFSITE DISPOSAL SYSTEM OPERATOR.
WE SUPPORT THE PROVISION FOR PERMITS FOR OPERATORS OF A HAZARDOUS
WASTE DISPOSAL SITE. HOWEVER, WE CONSIDER PERMITS FOR THE GENERATION OF
HAZARDOUS WASTES TO BE UNNEEDED, AND COULD RESULT IN UNNECESSARY
RESTRICTION OF MANUFACTURING OPERATIONS, AS WELL AS BEING AN ADDITIONAL
ADMINISTRATIVE BURDEN FOR REGULATORY AGENCIES AND FOR WASTE GENERATORS.
RECORDKEEPING AND REPORTING REQUIREMENTS, AS WELL AS PROVISIONS FOR
RIGHT-OF-ENTRY AND INSPECTION, SHOULD GIVE ADEQUATE SUPERVISION TO WASTE
GENERATORS. WE WOULD EMPHASIZE, HOWEVER, THAT THESE PROGRAMS OF
REPORTING AND INSPECTION MUST GIVE PROTECTION TO THE MANUFACTURER FOR
THE CONFIDENTIAL INFORMATION OR TRADE SECRETS THAT MAY BE REVEALED.
WE RECOMMEND ADOPTION OF A REQUIREMENT FOR ESTABLISHING FEDERAL
STANDARDS AND OPERATING PROCEDURES FOR TREATMENT AND/OR DISPOSAL OF
HAZARDOUS WASTES; WITH SUCH STANDARDS AND PROCEDURES TO INCLUDE, AS
APPROPRIATE, MINIMUM SITE CHARACTERISTICS AND CONDITIONS, AND
PERFORMANCE PRACTICES BASED ON AVAILABLE TECHNOLOGY AS TO METHODS FOR
TREATMENT OR DISPOSAL THAT TAKE INTO ACCOUNT THE NATURE OF THE
PARTICULAR HAZARD OR HAZARDS PRESENTED BY THE WASTES TO BE DISPOSED OF
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 017 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106914
HEARINGS
TRANSCRIPT
SENATE
SECTION 5 OF S. 1086 SUGGESTS THAT THERE ARE CERTAIN WASTES WHICH MAY
REQUIRE UNUSUALLY PRUDENT CARE IN TREATMENT OR DISPOSAL FOR WHICH THE
RIGHT OF REGULATION SHOULD BE RESERVED TO THE FEDERAL GOVERNMENT
INCLUDING FEDERAL PERMITTING OF SUCH SITES.
WE FORESEE SOME PROBLEMS OF SEPARATE FEDERAL REGULATION OF CERTAIN
WASTES THAT ARE DETERMINED TO BE EXTREMELY HAZARDOUS, PARTICULARLY WHERE
THERE MAY BE FACILITIES FOR SUCH DISPOSAL AT SITES WHICH ARE OTHERWISE
PERMITTED FOR DISPOSAL OF HAZARDOUS WASTES UNDER STATE AUTHORITY. AT
THE SAME TIME, WE DO NOT OPPOSE FEDERAL REGULATION TO THE EXTENT IT IS
JUDGED TO BE NECESSARY. WE SUGGEST, HOWEVER, THAT THE INTENT OF THIS
PROVISION IN SECTION 5(A) WOULD BE CLARIFIED BY REPHRASING ALONG THE
FOLLOWING LINES:
THE ADMINISTRATOR -- DETERMINE IN REGULATIONS THOSE OF SUCH WASTES
WHICH BECAUSE OF THEIR CHEMICAL OR OTHER CHARACTERISTICS COULD, IF
ALLOWED TO BE DISPERSED INTO THE ENVIRONMENT IN MORE THAN A SPECIFIC
QUANTITY OR CONCENTRATION, RESULT IN, OR CONTRIBUTE TO, THE LOSS OF
HUMAN LIFE OR SUBSTANTIAL DAMAGE TO HUMAN HEALTH. THE ADMINISTRATOR
SHALL SPECIFY IN SUCH REGULATIONS SUCH QUANTITY OR CONCENTRATION.
IT SEEMS LIKELY THAT IT MUST HAVE BEEN CONGRESSIONAL AWARENESS THAT
CERTAIN UNUSUALLY HAZARDOUS WASTES MAY EXIST THAT RESULTED IN THE
INCLUSION OF THE PROVISION IN THE SOLID WASTE DISPOSAL ACT (PUBLIC LAW
89-272) THAT CALLED FOR EPA'S STUDY OF THE NEED FOR A SYSTEM OF NATIONAL
DISPOSAL SITES THAT LED TO THE "REPORT TO CONGRESS ON HAZARDOUS WASTE
DISPOSAL" MADE LAST YEAR. IN THAT REPORT, EPA STATED THAT "BASED ON
ANALYSES TO DATE, EPA IS NOT CONVINCED THAT SUCH ACTION (FEDERAL SITES)
IS NEEDED." WE DO NOT DISPUTE THEIR CONCLUSION THAT PRIVATE INDUSTRY
WILL RESPOND TO PROVIDE NEEDED CAPACITY IF A NATIONAL PROGRAM FOR
HAZARDOUS WASTE MANAGEMENT IS CREATED. HOWEVER, WE DO NOT FEEL THAT THE
POSSIBLE NEED FOR FEDERAL SITES SHOULD BE FORGOTTEN. ACCORDINGLY, WE
SUGGEST THAT THE LEGISLATION UNDER CONSIDERATION MAKE PROVISIONS FOR
PERIODIC REVIEW OF THE APPROPRIATENESS OF FEDERAL SITES TO ASSURE PROPER
MANAGEMENT OF SUCH WASTES.
AS A FINAL COMMENT, WE BELIEVE THAT, AS IN OTHER AREAS OF
ENVIRONMENTAL TECHNOLOGY, THERE WILL BE FUTURE BREAKTHROUGHS IN THE
TREATMENT AND DISPOSAL OF HAZARDOUS AND OTHER SOLID WASTES. WE CONSIDER
IT ESSENTIAL THAT THERE BE FEDERAL ENCOURAGEMENT OF SUCH DEVELOPMENTS
THROUGH VARIOUS FORMS OF FINANCIAL AND OTHER ASSISTANCE TO THOSE PUBLIC
AND PRIVATE INSTITUTIONS THAT HAVE THE CAPABILITY OF ADVANCING THE
STATE-OF-THE-ART IN THIS FIELD.
I WOULD LIKE NOW TO SUMMARIZE OUR MAJOR RECOMMENDATIONS:
1. WE SUPPORT THE NEED FOR REGULATION OF DISPOSAL OF HAZARDOUS WASTES
WITH:
STATE ADMINISTRATION IN CONFORMANCE WITH FEDERAL STANDARDS FOR
DISPOSAL OPERATIONS;
PERMIT SYSTEMS FOR DISPOSAL SITE OPERATORS; AND
APPROPRIATE WASTE HANDLING, RECORDKEEPING, AND REPORTING REQUIREMENTS
FOR GENERATORS OF WASTES; BUT NO REQUIREMENT FOR WASTE GENERATION
PERMITS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 018 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106915
HEARINGS
TRANSCRIPT
SENATE
2. REGULATION OF HAZARDOUS WASTE SHOULD STAND SEPARATE FROM ANY THAT
IS DIRECTED TOWARD CONTROL OF GENERAL SOLID WASTE DISPOSAL PROBLEMS.
3. HAZARDOUS WASTE LEGISLATION SHOULD BE CLEAR IN ITS DIRECTION TO
THE EPA ADMINISTRATOR REGARDING THE FACTORS TO CONSIDER IN IDENTIFYING A
WASTE AS HAZARDOUS.
4. REGULATIONS SHOULD BE DIRECTED TOWARD ASSURING SAFE TREATMENT AND
DISPOSAL PROCEDURES CONSISTENT WITH THE SPECIFIC HAZARDS PRESENTED BY
IDENTIFIED WASTES.
5. PERIODIC ASSESSMENT OF THE NEED FOR FEDERAL DISPOSAL SITES IS
RECOMMENDED.
6. IT IS DESIRABLE THAT THERE BE FEDERAL ENCOURAGEMENT OF STATE AND
REGIONAL PLANNING FOR SOLID WASTES MANAGEMENT, WITH SUCH PLANNING TO
INCLUDE PROVISIONS FOR NONHAZARDOUS AND HAZARDOUS INDUSTRIAL WASTES.
7. FEDERAL SUPPORT FOR PROGRAMS TO ADVANCE TECHNOLOGY FOR HANDLING,
TREATMENT, AND DISPOSAL OF ALL FORMS OF SOLID WASTE IS IMPORTANT.
I THANK THE COMMITTEE FOR THE OPPORTUNITY OF EXPRESSING MY VIEWS ON
THESE SUBJECTS. I WOULD WELCOME THE OPPORTUNITY TO CONSULT WITH THE
COMMITTEE STAFF IN DEVELOPMENT OF THE LEGISLATION TO MEET THE PROBLEMS
DESCRIBED.
SENATOR RANDOLPH. THANK YOU VERY MUCH, MR. HANKS.
I HAVE BEEN STIMULATED BY BOTH YOUR STATEMENTS, ESPECIALLY THE
COVERAGE OF THE HAZARDOUS WASTE PROBLEM, TRANSPORTATION UTILIZATION, AS
I READ THESE STATEMENTS LAST NIGHT.
YOUR COMPANY IS IN OUR STATE, WEST VIRGINIA, MR. GEORGES, I HAVE
NOTED THAT YOU HAVE APPROXIMATELY 100,000 EMPLOYEES THROUGH THE COUNTRY.
YOU HAVE, LET'S SAY, $5 BILLION WORTH OF PRODUCTS. IS THAT RIGHT?
MR. GEORGES. THAT IS CORRECT.
SENATOR RANDOLPH. HOW MANY EMPLOYEES DO YOU HAVE IN WEST VIRGINIA?
MR. GEORGES. WE HAVE APPROXIMATELY 5,000 EMPLOYEES IN WEST VIRGINIA
SENATOR RANDOLPH. ARE THEY ALL LOCATED IN THE KANAWHA VALLEY?
MR. GEORGES. NO. WE HAVE A FACILITY IN PARKERSBURG, W. VA., LOCATED
ON THE OHIO RIVER, THE BELLE PLANT IN THE KANAWHA VALLEY OUTSIDE OF
CHARLESTON AND ALSO A PLANT ON THE POTOMAC RIVER.
SENATOR RANDOLPH. MR. HANKS, UNION CARBIDE IS ALSO AN EMPLOYER OF
SOME 70,000 PERSONS.
MR. GEORGES. 100,000 EMPLOYEES; 5,000 IN THE STATE OF WEST VIRGINIA
SENATOR RANDOLPH. I DON'T KNOW HOW MANY YOU HAVE IN WEST VIRGINIA,
BUT WOULD YOU IDENTIFY YOUR PLANTS?
MR. HANKS. YES, MR. CHAIRMAN. I BELIEVE UNION CARBIDE IS PROBABLY
THE BIGGEST EMPLOYER IN THE STATE OF WEST VIRGINIA. THE NUMBER OF
EMPLOYEES IS SOMETHING SLIGHTLY UNDER 10,000. I DON'T RECALL THE EXACT
NUMBER.
WE OPERATE TWO CHEMICAL PLANTS IN THE KANAWHA VALLEY, AS WELL AS
HAVING OUR TECHNICAL CENTER LOCATED THERE. WE OPERATE A PLANT AT
SISTERVILLE, WEST VIRGINIA WHERE WE MANUFACTURE SILICON CHEMICALS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 019 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106916
HEARINGS
TRANSCRIPT
SENATE
WE OPERATE A FERROALLOYS PLANT AT ALLOY, WEST VIRGINIA, AND WE
OPERATE A CARBON PRODUCTS PLANT NEAR CLARKSBURG, WEST VIRGINIA. WE ALSO
OPERATE SOME COAL MINES TO PROVIDE FUEL FOR OUR VARIOUS PLANT NEEDS.
SENATOR RANDOLPH. NEAR CHARLESTON YOU HAVE HAD A DEMONSTRATION
PROGRAM THAT ATTEMPTS TO COPE WITH AT LEAST ONE ELEMENT OF THIS PROBLEM.
WOULD YOU EXPLAIN THAT PROJECT?
MR. HANKS. YES, SIR. I WOULD LIKE TO POINT OUT FIRST THAT I DO NOT
CONSIDER MYSELF AN EXPERT IN THIS PROBJECT BECAUSE IT IS BEING MANAGED
BY OUR LINDE DIVISION ENVIRONMENTAL SERVICES DEPARTMENT. HOWEVER, I AM
FAMILIAR WITH IT.
BASICALLY, THIS FACILITY IS A 200 TON PER DAY COMMERCIAL SCALE
DEMONSTRATION PROJECT TO CONVERT MUNICIPAL TRASH TO A MEDIUM FUEL VALUE
GAS THAT WE BELIEVE CAN BE RATHER WIDELY USED. THE FEATURES OF THIS
SYSTEM, THE UNION CARBIDE PUROX SYSTEM, INCLUDE NO GASEOUS EFFLUENT;
AND THE WASTES ARE CONVERTED TO A VERY STERILE COMPACT RESIDUE, ABOUT 2
TO 3 PERCENT OF THE ORIGINAL VOLUME.
THIS UNIT IS CURRENTLY IN THE COURSE OF BEING STARTED UP ON THE SITE
OF OUR SOUTH CHARLESTON PLANT AND, AT THIS TIME, WE FEEL THAT THERE HAVE
BEEN VERY ENCOURAGING RESULTS FROM THE SCALE UP. WE INITIALLY OPERATED
A 5 TON PER DAY UNIT IN OUR TARRYTOWN RESEARCH LABORATORIES WHERE THE
PROCESS WAS CONCEIVED.
WE HAVE BEEN RELUCTANT TO MAKE ANY COMMITMENTS TO THOSE PEOPLE THAT
ARE INTERESTED IN THE PROJECT UNTIL WE ARE SATISFIED OURSELVES THAT IT
CAN BE ADEQUATELY DEMONSTRATED. BASED ON OUR EXPERIENCE TO DATE, WE
BELIEVE THAT POSSIBLY BY THE END OF THIS YEAR AND CERTAINLY EARLY NEXT
YEAR THE DEMONSTRATION WILL BE COMPLETED.
WE INITIALLY ARE STARTING OUT TO DEMONSTRATE IT WITH MIXED MUNICIPAL
WASTE. IN OTHER WORDS, THE MATERIAL COMES RIGHT OFF THE GARBAGE TRUCK.
WE ALSO INTEND TO CONDUCT A DEMONSTRATION WHERE WE WOULD USE SHREDDED
MATERIALS WHICH MIGHT COME FROM ONE SEGMENT OF ANOTHER RESOURCE RECOVERY
OPERATION.
WE ALSO INTEND AND ARE SEEKING FUNDS FROM THE ENVIRONMENTAL
PROTECTION AGENCY TO DEMONSTRATE THE COMBINED TREATMENT OF MUNICIPAL
TRASH ALONG WITH SLUDGE FROM SEWAGE DISPOSAL PLANTS. WE FEEL ALL OF
THESE CONCEIVABLY WOULD BE OF WIDE INTEREST TO THE MUNICIPALITIES AND
THE COUNTRY. IN ADDITION, WE FEEL THE INVESTMENT IN A FACILITY LIKE
THIS PERHAPS OFFERS ONE OF THE BEST OPPORTUNITIES FOR RESOURCE RECOVERY
ON AN ECONOMIC BASIS.
I REFERRED TO THE HEATING VALUE OF THE GAS CONVERTED AND, ROUGHLY, 1
TON OF GARBAGE WOULD PRODUCE ABOUT THE SAME HEATING VALUE AS 1 BARREL OF
OIL IN OUR SYSTEM, WHICH GIVES YOU SOME PERSPECTIVE.
SENATOR RANDOLPH. ONE TON OF GARBAGE?
MR. HANKS. YES SIR, WOULD EQUAL THE HEATING VALUE OF 1 BARREL OF
OIL. THIS IS A RATHER CONVENIENT WAY OF IDENTIFYING THE AMOUNT OF
ENERGY RECOVERED IN THE PUROX PROCESS.
SENATOR RANDOLPH. WHAT IS THE COMMITMENT DOLLAR-WISE FOR THIS
SPECIFIC PROJECT FOR RESOURCE RECOVERY?
MR. HANKS. I BELIEVE IT IS APPROXIMATELY $3 MILLION. AS I SAY, IT
IS A 200-TON PER DAY UNIT AND THIS WOULD SATISFY THE DEMAND OF A
MEDIUM-SIZED CITY.
SENATOR RANDOLPH. MR. HANKS, DID YOU DO THIS ON YOUR OWN INITIATIVE?
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 020 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106917
HEARINGS
TRANSCRIPT
SENATE
MR. HANKS. YES, SIR. THIS PROJECT IS COMPLETELY FUNDED BY UNION
CARBIDE. WE FELT SUFFICIENT CONFIDENCE IN THE PROCESS THAT WE HAD NO
RELUCTANCE TO GO AHEAD ON OUR OWN TO DO THIS.
SENATOR RANDOLPH. I COMMEND YOU FOR THAT.
MR. HANKS. THANK YOU, SIR.
SENATOR RANDOLPH. THERE ARE TIMES WHEN PERHAPS THERE ARE EVIDENCES
OF FACTS THAT WOULD CAUSE US TO BELIEVE THAT THERE HAS BEEN SOME
RELUCTANCE ON THE PART OF INDUSTRY AND ITS SEGMENTS TO MOVE INTO THIS
IMPORTANT FIELD.
I IMAGINE IT IS A FIELD JUST AS IMPORTANT AS CLEAN AIR OR CLEAN
WATER, IS IT NOT?
MR. HANKS. YES, SIR. I THINK REALLY THE EVIDENCE OF THE INTEREST IN
THE GENERAL SOLID WASTE PROBLEM, AND THE IMPORTANCE OF RECOVERING
WHATEVER VALUES WE CAN, IS VERY WIDELY RECOGNIZED.
I MIGHT ADD THAT SHOULD ANY OF THE MEMBERS OF THE COMMITTEE OR ANY OF
THE COMMITTEE'S STAFF CARE TO VISIT THIS FACILITY, ONCE WE HAVE GOTTEN
THE INITIAL OPERATIONS LINED OUT, I AM SURE WE WOULD BE VERY PLEASED TO
HAVE YOU LOOK AT IT.
SENATOR RANDOLPH. THANK YOU VERY MUCH.
WE WILL MOVE ALONG WITH QUESTIONS FOR PERHAPS 7, 8, OR 10 MINUTES AN
THEN I WILL MOVE TO YOU, SENATOR DOMENICI.
IN EVALUATING THE FEASIBILITY FOR RESOURCE RECOVERY, YOU HAVE
SUGGESTED THAT A COST BENEFIT ANALYSIS SHOULD BE PERFORMED FOR THE
VARIOUS TYPES OF SOLID WASTES SO THAT WE MIGHT DETERMINE WHETHER A GIVEN
MATERIAL IN QUESTION COULD BE DISPOSED OF OR DIVERTED INTO A RESOURCE
RECOVERY SYSTEM.
I AM ASKING YOU, MR. GEORGES, WOULD YOU AGREE THAT SUCH AN ANALYSIS
SHOULD REFLECT A LONG-TERM MATERIALS POLICY CONCERN, AS WELL AS THE
IMMEDIATE CONCERN JUST FOR WASTE DISPOSAL?
THIS IS CONSTANTLY, AS YOU KNOW, COMING TO OUR ATTENTION. IS THIS A
LONG-TERM PROGRAM? IS IT A SHORT-TERM STOPGAP SITUATION?
MR. GEORGES. YES, I THINK IT SHOULD, ALTHOUGH I WILL ALSO ADMIT THAT
TO DO SO IS DIFFICULT BECAUSE YOU ARE ALSO TRYING TO REFLECT THE VALUE
OF THE MATERIAL BEING RECOVERED IN TODAY'S MARKETPLACE WHICH, OF COURSE,
MANY TIMES REFLECTS SHORT-TERM ECONOMICS.
I DON'T THINK THERE IS ANY SIMPLE ANSWER. CERTAINLY IN THE DESIGN OF
RESOURCE RECOVERY FACILITIES ONE SHOULD BE AWARE THAT THE ANALYSIS IS
NOT FINAL AND THAT A CONTINUING ANALYSIS MAY CALL FOR ADDITION OF
FURTHER FACILITIES TO INCREASE THE RECOVERY OF CERTAIN MATERIALS DURING
A GIVEN PERIOD.
HOW YOU PLUG IN THE LONG TERM VERUS SHORT TERM ECONOMIC VALUES IS A
DIFFICULT QUESTION. THE FEDERAL GOVERNMENT COULD PLAY A ROLE IN THIS
ISSUE BY PROVIDING INCENTIVES. AGAIN, I THINK THAT SHOULD BE DONE WITH
CARE.
THE MAJOR ITEM I HAD IN MIND IS NOT ONLY THE VALUE OF THE RESOURCE
ITSELF BUT A CAREFUL ANALYSIS OF WHAT RESOURCES ARE NEEDED FOR THE
RECOVERY PROCESS TO INSURE THAT THE RECOVERY PROCESS AS A WHOLE IS
WORTHWHILE.
SENATOR RANDOLPH. OF COURSE, WE HAVE GOT THE PROBLEM OF THESE
MATERIALS AND MANY OF THEM ARE IMPORTED. WE HAVE THE PROBLEM OF
CARTELS, AND SO FORTH, INVOLVED. IS THAT CORRECT?
MR. GEORGES. YES. I DON'T KNOW ABOUT THE CARTELS BUT CERTAINLY MANY
OF THESE MATERIALS ARE BEING IMPORTED.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 021 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106918
HEARINGS
TRANSCRIPT
SENATE
SENATOR RANDOLPH. POLICIES, IF YOU WANT.
MR. GEORGES. OK, FINE.
SENATOR RANDOLPH. I AM TALKING ABOUT THE MATERIALS, NOT THE
RECOVERY; THE MATERIALS THAT ARE IMPORTED.
MR. GEORGES. YES; I AM AWARE OF WHAT YOU ARE TALKING ABOUT, MR.
CHAIRMAN. YOU ARE TALKING ABOUT SPECIAL METALS THAT WE ARE HEAVILY
DEPENDENT UPON WHICH WE MUST IMPORT.
SENATOR RANDOLPH. YOU SUPPORT A SOLID WASTE PERMIT PROGRAM, YOU SO
SAID IN YOUR STATEMENT, FOR THE DISPOSAL OF ALL SOLID AND HAZARDOUS
WASTES, SUBJECT TO FEDERAL GUIDELINES. WOULD YOU ADVOCATE FEDERAL
MINIMUM STANDARDS?
MR. GEORGES. BASICALLY, I WOULD. I THINK THAT THE FEDERAL
GOVERNMENT CAN PLAY A ROLE BY DEFINING MINIMUM STANDARDS THAT SHOULD BE
FOLLOWED BY THE STATES.
THESE STANDARDS SHOULD BE ADEQUATE TO PROTECT THE ENVIRONMENT, WATER
SUPPLIES OR ANYTHING ELSE WHICH MIGHT BE ENDANGERED AS A RESULT OF SOLID
WASTE DISPOSAL. IF POSSIBLE, I THINK THE IMPLEMENTATION OF SUCH
STANDARDS SHOULD BE DELEGATED TO THE STATES.
SENATOR RANDOLPH. WE HAVE HAD AS THE RESULT OF AIR AND WATER
POLLUTION CONTROL THE GENERATION OF SOLID WASTE. I AM SURE YOU WILL
AGREE WITH THAT.
MR. GEORGES. YES, INDEED.
SENATOR RANDOLPH. YOU GO ON TO SPEAK ABOUT HAZARDOUS WASTES BECAUSE
THESE WASTES CONTAIN HEAVY METALS, TOXIC, ORGANIC RESIDUES, OTHER
MATERIALS WHICH COULD REPRESENT, AS YOU HAVE INDICATED, AN ENVIRONMENTAL
PROBLEM IF THEIR DISPOSAL IS IN AN IMPROPER FASHION.
I WANT YOU TO CLARIFY "IMPROPER FASHION." WE HAVE TO HAVE, THEREFORE,
I PRESUME SPECIAL TECHNIQUES TO PROPERLY TREAT SOME OF THESE WASTES. IS
THAT CORRECT?
MR. GEORGES. YES. LET ME TRY TO ELABORATE SOME ON THIS WHOLE
QUESTION OF HAZARDOUS WASTES AND BY INFERENCE NONHAZARDOUS WASTES.
BASICALLY, ALMOST ALL SOLID WASTE MATERIALS COULD POSSIBLY POSE A
POTENTIAL HAZARD UNDER CERTAIN CONDITIONS. LET ME GIVE YOU TWO
EXAMPLES.
I DON'T THINK THAT IT IS EASY TO CLASSIFY MATERIALS INTO NEAT POCKET
OF BEING NONHAZARDOUS OR HAZARDOUS. ACTUALLY, THERE IS A WHOLE SPECTRUM
OF SUCH WASTES. IT DEPENDS NOT ONLY ON THE MATERIAL ITSELF BUT THE
PARTICULAR ENVIRONMENT YOU ARE TRYING TO PUT IT IN.
THE LEACHETE COMING FROM A MUNICIPAL GARBAGE DUMP, COULD BE NOXIOUS,
DEPENDING ON WHERE IT GOES. IF THERE IS A STREAM NEARBY WHICH IS USED
FOR DRINKING PURPOSES, IT COULD POSE A SUBSTANTIAL HARM TO THAT BODY OF
WATER FOR THAT PARTICULAR USE. SO IN THAT CASE, IT WOULD BE HAZARDOUS.
YOU CAN TAKE SOMETHING LIKE TABLE SALT, WHICH ON THE SURFACE WOULD
APPEAR TO BE AN INNOCUOUS MATERIAL. AGAIN, IF YOU DISPOSE OF IT
IMPROPERLY AND GET IT INTO A DRINKING WATER SOURCE, YOU CAN RENDER THAT
SOURCE UNFIT FOR HUMAN CONSUMPTION.
CONVERSELY, CONSIDER MATERIALS WHICH ARE COMMONLY CONSIDERED AS
HAZARDOUS IN THEIR PURE FORM SUCH AS HEAVY METALS. IF THEY GET INTO
DRINKING WATER, IT WOULD CREATE AN UNDESIRABLE SITUATION. HOWEVER, IF
THEY ARE DISPOSED OF IN AN ENVIRONMENT WHERE THEY DO NOT CONTAMINATE
DRINKING WATER SUCH AS AN IMPERVIOUS LAND FORMATION WHICH PRECLUDES ANY
TRANSPORT, NO SUCH PROBLEMS EXIST. HERE IT IS NOT A VERY DIFFICULT TASK
TO DISPOSE OF THESE MATERIALS IN A VERY PROPER FASHION WITHOUT ANY
DANGER OR HARM TO ENVIRONMENT.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 022 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106919
HEARINGS
TRANSCRIPT
SENATE
THERE IS A WHOLE SPECTURM OF POSSIBLE HAZARD INVOLVED WITH ALMOST ALL
MATERIALS. THEY DON'T BELONG IN TWO NEAT POCKETS, BASED ON THE TOXICITY
OF THE MATERIAL ITSELF.
WHAT WE DO BELIEVE IS THAT YOU NEED STANDARDS THAT REFLECT INCREASIN
HAZARD SO THAT PROPER PRECAUTIONS CAN BE TAKEN. CERTAINLY THE
ENVIRONMENT THAT YOU DISPOSE OF THE MATERIAL IN IS A MAJOR
CONSIDERATION.
SENATOR RANDOLPH. THEN YOU CAN, I BELIEVE, AGREE WITH ME THAT THERE
HAS TO BE FLEXIBILITY AT THE REGIONAL OR LOCAL LEVEL. IS THAT CORRECT?
MR. GEORGES. YES, SIR. YOU HAVE TO CONSIDER THE ENVIRONMENT YOU ARE
DISPOSING OF IT IN, WHICH IS A LOCAL SITUATION.
SENATOR RANDOLPH. ALTHOUGH THE STANDARDS ARE VISIBLE AND CAN BE SET,
THERE MUST NOT BE A STRAITJACKETING. IS THAT WHAT YOU ARE SAYING?
MR. GEORGES. ABSOLUTELY. I THINK WE WANT TO CONSIDER THE POSSIBILI
OF HAZARD, IF SUCH EXISTS AND WHAT PRECAUTIONS HAVE TO BE TAKEN.
HOWEVER, EXACTLY WHAT HAS TO BE DONE IN ANY GIVEN SITUATION ALMOST
ALWAYS REQUIRES A CASE-BY-CASE ANALYSIS.
SENATOR RANDOLPH. MR. HANKS, I THINK BECAUSE WE BOTH TOUCHED THIS IN
YOUR STATEMENT. I CAUGHT IT LAST NIGHT, THE EMPHASIS YOU WERE PLACING.
WOULD YOU COMMENT?
MR. HANKS. I AGREE THOROUGHLY WITH WHAT MR. GEORGES HAS SAID. THERE
IS NO SUCH THING AS ANY MATERIAL BEING COMPLETELY NONHAZARDOUS UNDER
SPECIFIC CIRCUMSTANCES. AND, AS I EMPHASIZED IN MY STATEMENT, WE DO
BELIEVE THAT THERE ARE SOME WASTES THAT DESERVE PARTICULAR ATTENTION IN
THEIR HANDLING AND WE WOULD SUPPORT LEGISLATION ON THE PART OF CONGRESS
TO DIRECT IT.
OBVIOUSLY, AS I POINTED OUT FROM OUR SEGMENT OF THE CHEMICAL
INDUSTRY, A LARGE NUMBER OF THESE WASTES CAN BE VERY SAFELY AND EASILY
INCINERATED IN THE PROPER FACILITIES TO TAKE ADVANTAGE OF THE GREAT DEAL
OF ENERGY THAT IS IN THESE ORGANIC CHEMICAL WASTE COMPOUNDS.
THERE ARE SOME FEW WASTES THAT ARE NOT FEASIBLE TO INCINERATE, WHICH
WE BELIEVE CAN BE SAFELY AND EFFECTIVELY DEPOSITED IN OR ON THE LAND.
THERE CERTAINLY SHOULD BE FEATURES IN A FACILITY OF THAT SORT TO AVOID
AIR AND WATER POLLUTION, WHETHER IT IS SURFACE WATER OR UNDERGROUND
WATER.
SENATOR RANDOLPH. YOU TRIED THAT IN AN EXPERIMENTAL PROJECT DOWN IN
THE KANAWHA VALLEY?
MR. HANKS. YES, SIR.
SENATOR RANDOLPH. YOU MAY RECALL THAT.
MR. HANKS. WE HAVE A CHEMICAL LANDFILL, WHICH IS LICENSED BY THE
WEST VIRGINIA DEPARTMENT OF NATURAL RESOURCES, AND IS QUITE
SCIENTIFICALLY DESIGNED, AND WHICH WE BELIEVE MEETS ALL OF THE
ENVIRONMENTAL CONSIDERATIONS THAT ARE NECESSARY AT THAT SITE FOR THE
WASTES WE ARE HANDLING THERE.
I MIGHT ADD TO PUT SOME PERSPECTIVE ON THIS THAT AT THAT PARTICULAR
PLANT WE PRODUCE ABOUT 200 TONS PER DAY OF WASTES THAT ARE INCINERATED
IN OUR PLANT BOILERS WITHOUT ANY HARMFUL EFFECTS. BY COMPARISON, WE
PRODUCE ABOUT 12 TONS PER DAY OF WASTES THAT WE LANDFILL IN THE CHEMICAL
LANDFILL I WAS DESCRIBING.
THE COMBINED VOLUME OF THE 200 TONS PER DAY, AND 12 TONS PER DAY,
REPRESENTS ABOUT THE EQUIVALENT OF 5 PERCENT OF THE PRODUCTION COMING
OUT OF THAT PLANT.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 023 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106920
HEARINGS
TRANSCRIPT
SENATE
THAT GIVES YOU AN IDEA OF THE RELATIVE QUANTITIES THAT CAN BE
INCINERATED AS OPPOSED TO THOSE BEING LANDFILLED. OF COURSE THIS
REPRESENTS THE SITUATION AT JUST ONE PLANT.
THERE ARE SOME UNIQUELY HAZARDOUS MATERIALS, AND FORTUNATELY VERY FEW
AT THAT PLANT, THAT FOR ONE REASON OR ANOTHER WE ACTUALLY ENCAPSULATE IN
CONCRETE TO INSURE THAT THEY ARE PERMANENTLY PROTECTED AND NOT CAUSING
ANY ENVIRONMENTAL DAMAGE.
SENATOR RANDOLPH. HOW DO YOU DISPOSE OF THOSE?
MR. HANKS. OF WHICH?
SENATOR RANDOLPH. THE ENCAPSULATED MATERIAL?
MR. HANKS. WE DO THIS IN A COUPLE OF DIFFERENT WAYS. AS I SAY, IT
IS A VERY SMALL VOLUME OF MATERIAL' WE HAVE DONE IT BY BUILDING A PIT IN
THE GROUND, LINED WITH CONCRETE, PUTTING THE MATERIAL IN THAT PIT AND
CONTINUING TO APPLY CONCRETE AS WASTES ARE ADDED. WE HAVE ALSO TAKEN
OLD TANKS FROM OUR PLANT, ENCASED THE TANKS IN CONCRETE, PUT THE
MATERIAL INSIDE THE TANKS AND THEN COVERED THE ENTIRE FACILITY OVER WITH
CONCRETE.
SENATOR RANDOLPH. OF COURSE, THERE ARE MANY USES FOR WASTE
MATERIALS. TAKE OUR MUNICIPAL AIRPORT AT MORGANTOWN, WEST VIRGINIA, THE
EXTENSION OF THE RUNWAY SEVERAL HUNDRED FEET AND, LAUGHINGLY, WE BUILD
IT FROM THE GARBAGE DUMP.
WE DID BRING IN, OF COURSE, THE GARBAGE AND IT WAS TREATED AND USED
AS A PART OF THE IMPORTANT LANDFILL, WHICH WAS NEEDED. KNOWING THE
TERRAIN OF WEST VIRGINIA, AS YOU DO I AM SURE, YOU UNDERSTAND WITH OUR
AIRPORTS USUALLY ARE OF THAT TYPE WHERE WE HAVE TO BUILD IN, HAVING
SLICED OFF A PART PERHAPS OF THE MOUNTAIN, TO MAKE THE FILLS AT BOTH
ENDS OF THE RUNWAYS.
I WANT TO HAVE ONE MORE QUESTION, AND THEN I WILL TURN TO SENATOR
DOMENICI.
I AM SURE, MR. GEORGES, THAT WHEN YOU SUGGESTED THAT CONGRESS BE
ALLOWED AN ONSITE TREATMENT IN THE DISPOSAL OF WASTES YOU WERE THINKING
OF THAT TREATMENT AND DISPOSAL AND SAID WHEN IT DOES NOT REPRESENT AN
UNREASONABLE THREAT TO HEALTH OR THE ENVIRONMENT, WHAT CRITERIA COULD
YOU SUGGEST TO THE PANEL FOR DETERMINING WHAT IS AN UNREASONABLE THREAT?
I AM WONDERING IF IT IS NOT MORE CONSISTENT WITH THE PRESENT POLICIE
TO PROVIDE FOR THE PROTECTION OF ADVERSE EFFECTS.
MR. GEORGES. YES, I THINK THAT IS TRUE.
I AM NOT PROPOSING A DIFFERENT STANDARD THAN THE SENATOR MENTIONS.
ALL I AM SAYING IS THAT I DON'T THINK INDUSTRY SHOULD BE REQUIRED TO
HAVE TO TRANSPORT WASTES FROM THEIR PLANT TO SOME CENTRAL TREATING
FACILITY IF, IN FACT, THEY HAVE ADEQUATE FACILITIES TO HANDLE THE WASTES
THEMSELVES, WITHOUT CAUSING ADVERSE EFFECTS OR POSING AN UNREASONABLE
THREAT TO HEALTH OR THE ENVIRONMENT.
SENATOR RANDOLPH. SENATOR DOMENICI?
SENATOR DOMENICI. THANK YOU, MR. CHAIRMAN.
COULD WE, MR. GEORGES, TALK A LITTLE BIT ABOUT THE DIFFERENCE BETWEE
HAZARDOUS WASTES AND TOXIC WASTES? YOU SPENT A GREAT DEAL OF TIME
TALKING ABOUT HAZARDOUS WASTES AND A VERY SMALL AMOUNT OF YOUR
DISCUSSION ATTEMPTED TO DISTINGUISH TOXIC FROM HAZARDOUS.
YOU FURTHER TRY TO DISTINGUISH BETWEEN TOXIC BEING SOMETHING WE OUGHT
TO PROHIBIT VERSUS HAZARDOUS AS SOMETHING WE OUGHT TO CONTROL, NOT
PROHIBIT.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 024 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106921
HEARINGS
TRANSCRIPT
SENATE
MICROFORM REFILMED; SEE APPENDICES
I THINK YOU MADE THAT DISTINCTION. I HAVE A LITTLE TROUBLE
UNDERSTANDING WHETHER THERE IS SUCH A CLEAR LINE BETWEEN TOXIC AND
HAZARDOUS TESTIMONY SEEMED TO INDICATE.
COULD YOU ELABORATE ON THAT?
MR. GEORGES. YES, THANK YOU. SENATOR, I DID NOT INTEND TO GIVE YOU
THE IMPRESSION YOU HAVE RECEIVED. IN MY VIEW, WHEN YOU SPEAK OF
TOXICITY OF THE MATERIAL YOU SPEAK OF THE INHERENT PROPERTY OF THE
MATERIAL ITSELF, WHETHER IT BE A METAL OR ORGANIC MATERIAL. WHEN YOU
SPEAK ABOUT HAZARDS A MATERIAL POSES, YOU HAVE TO TRANSLATE THE TOXICITY
OF THAT MATERIAL INTO WHAT EFFECT IT WILL HAVE IN THE COMPOSITION AND
QUANTITY THAT YOU ARE DEALING WITH AND ALSO THE ENVIRONMENT IN WHICH IT
IS BEING DISPOSED.
THESE ARE SEPARATE AND DISTINCT CHARACTERIZATIONS. TOXICITY DEALS
WITH THE INHERENT PROPERTIES OF THE PURE SUBSTANCE ITSELF, WHILE THE
DEGREE OF HAZARD IT POSES IS ITS EFFECT IN A PARTICULAR SITUATION.
SENATOR DOMENICI. WOULD YOU GIVE ME AN EXAMPLE OR A COUPLE OF
EXAMPLES OF TOXIC WASTE?
MR. GEORGES. YES. WE HAVE SOME ORGANIC RESIDUES FROM OUR PLANTS
WHICH CONTAIN A SPECIFIC ORGANIC COMPOUND WHICH BY ITSELF IS TOXIC TO
EITHER HUMANS OR ANIMAL LIFE IN ITS PURE FORM. IT MAY EVEN BE TOXIC TO
HUMAN AND ANIMAL LIFE IN THE CONCENTRATION IN WHICH IT APPEARS IN THE
WASTE IN QUESTION. NEVERTHELESS, WHEN YOU TAKE THAT MATERIAL AND YOU
BURN IT OR IF YOU DILUTE IT DOWN TO A GREAT EXTENT YOU REDUCE ITS
POTENTIAL HAZARD TO HUMAN OR ANIMAL LIFE. YOU CAN INDEED CHANGE IT
CHEMICALLY BY INCINERATION INTO A FORM WHICH DOES NOT PRESENT A HAZARD
TO ANYTHING.
SENATOR DOMENICI. SO YOU ARE SUGGESTING THAT IN THE AREA OF TOXIC
WASTES THAT OUR PRESENT LAW ADEQUATELY TAKES CARE OF AND GIVES AUTHORITY
TO THE GOVERNMENT TO DEFINE TOXIC WASTES. DO YOU AGREE THAT IN THAT
AREA THERE SHOULD BE NOT ONLY REGULATIONS BUT THERE OUGHT TO BE THE
AUTHORITY TO PROHIBIT?
MR. GEORGES. THE TOXIC SUBSTANCES BILL DOES DEAL WITH MATERIALS
WHICH BECAUSE OF THEIR TOXICITY PRESENT A HAZARD TO MAN OR THE
ENVIRONMENT NOT ONLY IN THEIR DISPOSAL BUT ALSO IN THEIR USE AND THEIR
MANUFACTURE. IN FACT IT IS SORT OF A BILL THAT COVERS A MATERIAL FROM
BIRTH TO DEATH, YOU MIGHT SAY.
ALL WE ARE SAYING HERE IS PLEASE DON'T TRY TO DUPLICATE THAT BILL IN
THIS LEGISLATION. OTHERWISE, WE WILL HAVE DIFFICULTY IN TRYING TO
UNDERSTAND WHICH LAW WE ARE TRYING TO LIVE UNDER.
SENATOR DOMENICI. ON THE OTHER HAND, YOU DESCRIBED AWILE AGO
LEACHING THAT COULD OCCUR AS A RESULT OF LANDFILL. WE WOULD AGREE THAT
THE END PRODUCT OF THAT COULD BE EXTREMELY TOXIC WITHIN THE SAME
PARAMETERS OF WHO IT MIGHT AFFECT AS A SUBSTANCE THAT WAS INHERENTLY
TOXIC BY CHEMICAL MAKEUP. IS THAT RIGHT?
MR. GEORGES. IT COULD BE AS HAZARDOUS OR AT LEAST PRESENT A HARM TO
THE ENVIRONMENT SUCH AS TAKING A POTABLE WATER SUPPLY AND RENDERING IT
UNFIT FOR USE WHICH, OF COURSE, WOULD BE A LOSS OF A RESOURCE.
SENATOR DOMENICI. SO THAT ANY BROAD STATUTES THAT WE ADOPT THAT
WOULD ENCOURAGE OR COERCE THE STATES TO COME UP WITH SPLIT WASTE
DISPOSAL PLANS SOULD CERTAINLY REQUIRE THAT THIS ASPECT OF SOLID WASTE
BE CONSIDERED VERY PRECISELY AND THAT THE STATES BE REQUIRED IN THEIR
PLAN TO ASSURE THAT HAZARDOUS WASTES CAN BE TREATED ADEQUATELY AS PART
OF SOLID WASTE DISPOSAL SYSTEMS?
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 025 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106922
HEARINGS
TRANSCRIPT
SENATE
MR. GEORGES. YES, BY ALL MEANS. THE POTENTIAL HAZARD OF THE
MATERIAL TO THE ENVIRONMENT SHOULD BE A PRIME CRITERION AS TO THE KIND
OF TREATMENT SYSTEM YOU WILL NEED TO HANDLE THE MATERIAL.
MY COMMENT WITH REFERENCE TO TOXIC SUBSTANCES HAS PARTICULAR
REFERENCE TO SITUATIONS WHERE YOU ARE TRYING TO APPLY THE CONCEPT OF
TOXICITY TO PRODUCTS.
SENATOR DOMENICI. YES, I UNDERSTAND.
MR. GEORGES. HERE, I AM CONCERNED BECAUSE WE ALREADY HAVE A BILL
THAT ADDRESSES ITSELF TO THAT.
SENATOR DOMENICI. ON THE OTHER HAND, IF ANY OF THE BILLS OR
COMBINATION OF THEM GET PASSED BY THE CONGRESS IT SEEMS OBVIOUS TO ME
FROM WHAT WE HAVE HEARD AT THIS POINT THAT WE ARE AT LEAST GOING TO
ADOPT A NATIONAL POLICY OF HELPING THE STATES IF THEY ARE WILLING TO
COME UP WITH A REGIONAL AND/OR STATE PLAN FOR THE DISPOSITION OF SOLID
WASTE.
THAT CONCERNS ME MORE FOR THE EASTERN PART OF AMERICA THAN WHERE I
COME FROM, THATINDEED IT MAY BE DIFFICULT TO COME UP WITH A PLAN THAT
DEALS WITH HAZARDOUS AND NONHAZARDOUS IN AN ECONOMIC MANNER. BECAUSE OF
GEOGRAPHY AND THE LIKE, IT MAY BE ALMOST IMPOSSIBLE TO COME UP WITH A
SOLID WASTE DISPOSAL SYSTEM.
I WONDER IF YOU EVER GET TO THE POINT WHERE THAT BECOMES PROHIBITIVE
AND WHAT YOUR THOUGHTS ARE ON WHO SHOULD BEAR THAT KIND OF BURDEN OR
WHAT KIND OF AUTHORITY WE SHOULD GIVE TO STATES OR WHETHER WE SHOULD
ASSUME IT WHEN WE HAVE THAT SITUATION.
YOU ARE AWARE THAT SOME STATES ARE NOW COMPLETELY WITHOUT THE ABILITY
TO HANDLE SOLID WASTES AND THUS ARE USING TRAINS AND SHIPPING IT AWAY,
IF THEY CAN FIND SOMEBODY TO ACCEPT IT. THEY ARE EVEN LOOKING FOR
ISLANDS AND TRYING TO BUY THEM UP WHERE THEY CAN JUST TAKE IT OUT THERE.
I THINK WE APPROACH THE PROHIBITIVE OR AT LEAST SITUATIONS WHERE SOME
DIFFERENT APPROACH TOWARD THE PRODUCER OF THE WASTE OUGHT TO BE
AVAILABLE.
MR. GEORGES. LET ME PUT THAT INTO CATEGORIES, IF I MAY. I THINK
INDUSTRY IS CAPABLE AND FEELS THE OBLIGATION TO DEVELOP TECHNOLOGY TO
HANDLE OR TO DEVELOP SYSTEMS FOR HANDLING ITS WASTE ADEQUATELY. I DON'T
THINK WE ARE LOOKING FOR FEDERAL ASSISTANCE FOR GRANTS IN THIS AREA. OF
COURSE, ANY TECHNOLOGY THAT IS DEVELOPED IN FEDERAL PROGRAMS WOULD BE
WELCOME. BUT I THINK THAT THE TREATMENT OF INDUSTRIAL WASTES IS
PRIMARILY INDUSTRY'S RESPONSIBILITY.
WITH RESPECT TO THE MUNICIPAL ARENA, YES, IF YOU TRY TO DISPOSE OF
THE WASTES MERELY BY DUMPING THEM IN THE GROUND, I CAN VISUALIZE THAT IN
CERTAIN POPULOUS AREAS YOU MIGHT HAVE DIFFICULTY FINDING AVAILABLE LAND
SPACE AND PARTICULARLY LAND SPACE WHERE THE WASTE DOES NOT POSE A THREAT
TO SURROUNDING WATERS.
BUT THERE IS TECHNOLOGY AVAILABLE FOR INCINERATING THESE WASTES,
THEREFORE REDUCING THE VOLUME IMMENSELY, MAKING THEM INNOCUOUS AND
PERMITTING THEM TO BE DISPOSED OF IN A VERY REASONABLE FASHION ALTHOUGH
IT IS MORE COSTLY THAN JUST DUMPING IT ON THE GROUND.
ON THE OTHER HAND, I THINK WE ARE AT THE POINT WHERE THERE IS A COST
SOCIETY MUST BEAR. I DON'T THINK WE CAN CONTINUE TO DUMP ON THE GROUND
IN OPEN PITS ANY LONGER. I DON'T UNDERSTAND THAT STATES AREN'T
PERFECTLY CAPABLE OF DOING THIS. IT IS JUST A QUESTION OF THE WILL.
THE TECHNOLOGY IS THERE. I THINK EPA HAS BEEN MAKING THIS POINT AND I
THINK THEY HAVE DONE SOME EXCELLENT WORK IN DEVELOPING ALTERNATIVES SO
THAT THERE IS NOT ONLY A SINGLE PROCESS, BUT A VAST ARRAY OF PROCESSES
BEING DEVELOPED WHICH CAN BE APPLIED TO THESE KINDS OF WASTES.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 026 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106923
HEARINGS
TRANSCRIPT
SENATE
SENATOR DOMENICI. I THINK YOU KNOW THAT WE HAVE HEARD FROM THE
ALUMINUM CAN INDUSTRY, STEEL CAN, PAPER PEOPLE AND PACKAGING THAT IS
PREDOMINANTLY FROM THE WOODPULP INDUSTRY AND WE WILL HEAR FROM ANOTHER
KIND OF PACKAGING TODAY. BUT, IT SEEMS TO ME THAT WHAT YOU ARE SAYING
IS THAT, IN TERMS OF REUSE, WITH THE STATE OF THE ART RIGHT NOW AND FOR
THE FORESEABLE FUTURE WE REALLY CANNOT RECYCLE THE PLASTICS. THOSE
GOING OUT INTO SOCIETY AND BEING DISPOSED OF, THAT THERE IS REALLY NO
REASON TO ASSUME THAT WE OUGHT TO BE TALKING ABOUT GATHERING THEM UP AND
REUSING THEM. IS THAT CORRECT?
MR. GEORGES. THAT IS EXACTLY WHAT I AM SAYING. I DON'T WANT TO BE
COMPLETELY NEGATIVE ON THAT. WE ARE OPENMINDED. WE WILL CERTAINLY LOOK
FOR THE OPPORTUNITIES AND TO THE EXTEN WE CAN IT IS TO OUR ADVANTAGE TO
DO THAT.
IN ALL HONESTY AND SINCERITY, SENATOR, BECAUSE 40 PERCENT OF THE
PLASTIC THAT GOES TO PACKAGING IS USED AS FILMS, IT IS JUST IMPRACTICAL.
SENATOR DOMENICI. LANDFILLS DON'T WORK, SO THAT YOUR TYPE OF
INDUSTRY IS OBVIOUSLY ON THE SIDE OF CONVERSION OF THESE PLASTICS INTO
ENERGY AND, IN THAT RESPECT YOU HAVE THE ADDED BENEFICIAL QUALITY THAT
THEY HAVE HIGH BTU POTENTIAL IN THE CONVERSION.
MR. GEORGES. VERY DEFINITELY. IN FACT, IN MOST INSTANCES WHAT YOU
ARE RECOVERING IN THE COMBUSTION PROCESS IS THE FUEL VALUE OF THE
FEEDSTOCK USED TO MAKE THE PLASTICS. YOU HAVE TAKEN A BARREL OF CRUDE
OIL, MADE A PLASTIC OUT OF IT, USED IT, AND WHEN YOU BURN IT YOU PRETTY
MUCH RECOVER THE ORIGINAL FUEL VALUE OF THAT BARREL OF OIL SO YOU HAVE
IN ESSENCE TEMPORARILY SIDETRACKED IT FROM THE ENERGY PRODUCTION SYSTEM
AND USED IT FOR A VERY BENEFICIAL PURPOSE TO SOCIETY.
SENATOR DOMENICI. I AM FULLY AWARE THAT SCIENTISTS IN OUR COUNTRY
HAVE TAKEN A VERY STRONG POSITION WITH REFERENCE TO FOSSIL FUELS,
ESPECIALLY NATURAL GAS AND CRUDE OIL, THAT PLASTICS AND SYNTHETICS ARE A
MUCH HIGHER AND BETTER USE FOR PEOPLE AND FOR THE FUTURE OF MANKIND THAN
TO BURN IT UP IN AUTOMOBILES.
I ASSUME YOU COME WITHIN THAT CATEGORY OF A HIGHER USE FOR THE FOSSIL
FUELS THAT YOU USE IN YOUR SYNTHETICS.
I AM WONDERING IF YOU COULD DESCRIBE FOR ME, OR IF YOU DON'T HAVE IT
HERE, IF YOU COULD GET IT, WHAT IS THE NET EFFECT OF THAT IN TERMS OF
USE OF ENERGY IF YOU PRODUCE SOME OF YOUR TYPICAL PLASTICS THAT ARE USED
BY SOCIETY AND THEN THROWN OUT AND THEN BURNED?
MR. GEORGES. LET ME TRY TO DO THAT VERY BRIEFLY WITH POLYETHYLENE AS
SHOWN IN EXHIBIT III AS COMPARED TO KRAFT PAPER. THIS EXHIBIT SHOWS THE
TOTAL ENERGY REQUIRED TO PRODUCE A THOUSAND POUNDS OF POLYETHYLENE FILM
AND KRAFT PAPER FROM ITS MOST BASIC FEEDSTOCK; THAT IS, CRUDE OIL AND
WOODPULP.
FOR POLYETHYLENE, THE AMOUNT OF MILLIONS OF BTU OF ENERGY CONTAINE IN
THE FEEDSTOCK USED -- THIS IS TAKING THE BASIC FEEDSTOCK WE USE TO START
WITH -- IS 22.4 MILLION BTU'S FOR 1,000 POUNDS OF PRODUCT. THIS
COMPARES WITH 8.7 MILLION BTU'S FOR THE WOODPULP USED TO PRODUCE THE
KRAFT PAPER. NOTE THAT THE TOTAL ENERGY (INCLUDING FEEDSTOCK VALUE) TO
PRODUCE POLYETHYLENE -- 49.8 MILLION BTU'S -- IS HIGHER THAN THE ENERGY
REQUIRED TO PRODUCE AN EQUAL AMOUNT OF KRAFT PAPER -- 36.9 MILLION
BTU'S.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 027 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106924
HEARINGS
TRANSCRIPT
SENATE
ALTHOUGH WE DID NOT HAVE TO USE MORE ENERGY TO PRODUCE POLYETHYLENE,
WHEN YOU TAKE THAT SAME FILM AND BURN IT IN AN INCINERATOR WITH HEAT
RECOVERY, YOU GET BACK 19 MILLION BTU'S OR PRETTY MUCH ALL OF WHAT YOU
PUT INTO IT AS FEEDSTOCK TO BEGIN WITH. YES, YOU HAVE EXPENDED ENERGY
INTO CONVERTING IT WHICH IS LOSS, BUT WHEN YOU HAVE TO USE ENERGY TO
CONVERT ANY MATERIAL AS I HAVE SHOWN HERE.
IT TAKES JUST AS MUCH NET ENERGY TO CONVERT PULP TO PAPER, AND I
DON'T KNOW WHAT THE NUMBERS HERE WOULD LOOK LIKE FOR OTHER MATERIALS
SUCH AS METALS AND GLASS. I THINK THESE NUMBERS RELFECT THAT BASICALLY
BY INCINERATING PLASTICS AND RECOVERING THEIR HEAT VALUE, YOU DO GET THE
ORIGINAL RESOURCE BACK.
THIS IS WHY WE SAY BY ALL MEANS LET'S GIVE PREFERENCE TO GAS AND OIL
FOR THIS BECAUSE WE GET A DOUBLE USE OUT OF IT RATHER THAN PUTTING IT
DIRECTLY INTO AN AUTOMOBILE AS FUEL.
SENATOR DOMENICI. DO YOU HAVE A DIFFICULT PROBLEM IN SEPARATION FOR
INCINERATION CONVERSION? DO WE HAVE A SPECIAL PROBLEM WITH PLASTICS AS
COMPARED WITH OTHERS?
MR. GEORGES. NO. ACTUALLY, YOU DON'T WANT TO SEPARATE THEM. YOU
ARE BETTER OFF GRINDING THE PLASTIC IN WITH THE WASTE. IN FACT, I THINK
THE EXPERTS IN MUNICIPAL SYSTEMS FOR INCINERATORS WOULD SAY THAT THE
PLASTICS ARE REALLY NEEDED.
MUNICIPAL WASTES (IF YOU LOOK AT THE TYPICAL WASTE THAT COMES OUT
OF"MY-WIFE'S-KITCHEN) HAS-A LOT-OF WASTES-WHICHHAVE-A-HIGH-WATER
CONTENT, AND THEREFORE A RELATIVELY LOW BUT CONTENT. SUCH THINGS AS
PAPER AND PLASTICS HELP RAISE THE BTU CONTENT ON A UNIT BASIS AND MAKE
IT PRACTICAL TO BURN THE MATERIALS WITHOUT HAVING TO PUT IN SUPPLEMENTAL
ENERGY SUCH AS GAS TO MAKE THE SYSTEM WORK.
IN ESSENCE, IT HELPS THE COMBUSTION PROCESS.
SENATOR DOMENICI. IS THERE ANY TOXICITY PROBLEM IN THE CONVERSION,
THE PARTICULARLY PECULIAR ONE THAT IS NOT YET RESOLVED?
MR. GEORGES. IN INCINERATION?
SENATOR DOMENICI. YES.
MR. GEORGES. NOT IN TERMS OF HAZARDOUS PROPERTIES. THERE ARE PLAST
MATERIALS THAT, IF BURNED, WILL GIVE OFF GAS SUCH AS THE BURNING OF PVC
(POLYVINYL CHLORIDE) WILL GIVE OFF HC1 (HYDROCHLORIC ACID).
THERE ARE TWO RESPONSES, I THINK, THAT ARE APPROPRIATE AT THIS TIME.
THE QUANTITY OF THE PVC IN THE EXTREME IS SUCH THAT THE AMOUNT OF HC1
THAT COMES OFF HAS NOT POSED A PROBLEM FOR INCINERATORS OR FOR THE
POPULACE AT THIS POINT IN TIME IN THE QUANTITIES THAT EXIST.
I MIGHT ADD THAT IN EUROPE PVC REPRESENTS A SEVERALFOLD HIGHER
PROPORTION OF THE WASTE MIX AND STILL THEY HAVE NOT RUN INTO ANY MAJOR
PROBLEM. SO I THINK YOU HAVE SOME LEEWAY. BUT I DON'T WANT TO MISLEAD
YOU AND SAY THAT THIS IS AN ENDLESS POSSIBILITY.
THERE IS A POSSIBILITY THAT IN THE FUTURE, DEPENDING ON THE TYPES OF
WASTES AND THE QUANTITIES, IT COULD POSE A PROBLEM.
LARGER INCINERATORS CERTAINLY ALSO HAVE THE POSSIBILITY OF PUTTING IN
SCRUBBING FACILITIES AND TAKING CARE OF THIS PROBLEM. THERE ARE FACTORS
TO BE TAKEN INTO CONSIDERATION. AT THE MOMENT, THEY DON'T POSE ANY
PROBLEM.
SENATOR DOMENICI. IN YOUR STATEMENT, YOU SAY RECYCLING SHOULD NOT BE
ENCOURAGED JUST FOR THE SAKE OF RECYCLING, AND I GUESS I NEED A LITTLE
FURTHER EXPLANATION AS TO THAT.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 028 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106925
HEARINGS
TRANSCRIPT
SENATE
I WONDER HOW YOU WOULD INCLUDE THE IMPACT OF MATERIALS DEPLETION IN
YOUR RECYCLING FOR THE SAKE OF RECYCLING STATEMENT.
MR. GEORGES. I THINK THIS BORDERS ALSO ON THE QUESTION OF SENATOR
RANDOLPH. THE POINT I WAS TRYING TO MAKE HERE IS THAT IN DETERMINING
WHETHER THE MATERIAL SHOULD BE RECYCLED, THERE CERTAINLY SHOULD BE
EVIDENCE THAT SUCH RECYCLING WILL OFFER A NET ADVANTAGE.
TO ILLUSTRATE, TO TAKE A PLASTIC MATERIAL BACK TO THE FRONT OF OUR
PRODUCTION PROCESS WHERE IT WOULD BASICALLY BE NOTHING MORE THAN
EQUIVALENT TO FEEDSTOCK REPRESENTS NO NET ADVANTAGE. YOU HAVE GOT TO BE
ABLE TO RECYCLE IT AT A POINT WHERE YOU HAVE SAVED SOMETHING IN
RESOURCES.
THIS COULD BE SAVINGS IN ENERGY. IT COULD BE SAVINGS IN THE ORIGINA
RESOURCE ARE IMPORTANT ENOUGH. IT COULD BE HUMAN OR CAPITAL RESOURCES,
BUT THERE HAS GOT TO BE A NET BENEFIT. THIS IS NOT ALWAYS THE CASE.
SOMETIMES THE RECYCLING PROCESS ITSELF CONSUMES SUCH AMOUNTS OF ENERGY,
HUMAN OR CAPITAL RESOURCES, THAT YOU ARE BETTER OFF STARTING WITH THE
VIRGIN MATERIAL.
SO I THINK THAT WHAT WE ARE TRYING TO INJECT HERE IS THE THOUGHT THAT
RECYCLING IS FINE AS LONG AS YOU PUT IN THE CONSTRAINTS THAT YOU HAVE
GOT TO MAKE AN ANALYSIS TO BE SURE THAT THE NET BENEFIT EXCEEDS THE NET
COST.
SENATOR DOMENICI. IN YOUR STATEMENT, YOU SAY THAT APPROPRIATE
INCENTIVES IN THE FORM OF LOAN GUARANTEES, TECHNICAL ASSISTANCE, WILL
GET PRIVATE INDUSTRY INTO THE RESOURCE RECOVERY BUSINESS.
ARE YOU TALKING ABOUT LOANS TO LOCAL GOVERNMENT, GUARANTEES TO
LOCAL GOVERNMENT WHICH WOULD THEN USE THE EXPERTISE OF PRIVATE
INDUSTRY?
MR. GEORGES. WHAT I AM TRYING TO SAY HERE IS THAT PRIVATE INDUSTRY
CURRENTLY IS DOING A MAJOR PART OR AT LEAST A PART OF THE SOLID WASTE
HANDLING AROUND THE COUNTRY, BOTH IN TERMS OF COLLECTION AND TREATMENT.
TO THE EXTENT THAT THIS CAN BE HANDLED THIS WAY, I THINK OVER THE YEARS
IT HAS BEEN PROVEN THAT PRIVATE INDUSTRY DOES THIS EFFECTIVELY. TO THE
EXTENT THAT MUNICIPALITIES, REGIONAL SYSTEMS OR ANYBODY THAT IS SET UP,
MIGHT NEED ASSISTANCE IN ORDER TO PROVIDE THE NECESSARY FINANCING, THE
FEDERAL GOVERNMENT CAN OFFER FINANCIAL ASSISTANCE. IT COULD VERY WELL
BE HANDLED THROUGH THE LOCAL GOVERNMENT. I WAS INFERRING MORE TO THAT
THAN DIRECT ASSISTANCE TO PRIVATE INDUSTRY.
SENATOR DOMENICI. I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN.
SENATOR RANDOLPH. THANK YOU, SENATOR DOMENICI.
MR. GEORGES. I RECALL THAT IN YOUR STATEMENT, YOU OPPOSE THE
PROVISION IN S. 3560 WHERE THERE IS THE CLASSIFICATION OF SOLID WASTE
DISPOSAL SYSTEM AS A POINT SOURCE AND THUS THE REQUIREMENT THAT THOSE
SYSTEMS OBTAIN PERMITS UNDER SECTION 402 OF OUR FEDERAL WATER POLLUTION
CONTROL ACT.
YOU GO AHEAD THEN TO POINT OUT THAT POINT SOURCE DISCHARGES OF
POLLUTANTS FROM THE SOLID WASTE DISPOSAL SYSTEMS INTO NAVIGABLE WATERS
IS ALREADY REGULATED UNDER FEDERAL WATER LAW.
SINCE THIS WAS THE INTENT OF THE COMMITTEE IN THE 1972 ACT, WHY DO
YOU OPPOSE OUR REAFFIRMATION OF THAT STATUTORY POLICY?
MR. GEORGES. MR. CHAIRMAN, MAYBE I DON'T UNDERSTAND THE INTENT OF
THAT SECTION AS WRITTEN.
SENATOR RANDOLPH. WHAT IS THAT?
MR. GEORGES. MAYBE WE DON'T UNDERSTAND THE INTENT OF THAT SECTION AS
WRITTEN. FIRST, LET ME SAY THAT THE WATER LAW IS CROSS-REFERENCED TO
THE EXTENT THAT YOU CAN'T GET TO ANY SECTION WITHOUT SOONER OR LATER
WINDING UP BEING INVOLVED IN MANY, MANY PARTS OF THIS LAW.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 029 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106926
HEARINGS
TRANSCRIPT
SENATE
BASED ON OUR READING OF IT, WE WERE CONCERNED THAT THIS WOULD HAPPEN.
WHAT WE ARE SAYING IS THAT THE WATER FLOW FROM A SOLID WASTE SYSTEM
CERTAINLY IS NOW BEING REGULATED. WHAT WE ARE CONCERNED WITH IS
APPLYING THE PHILOSOPHY AND METHODOLOGY OF THE WATER LAW INTO THE SOLID
WASTE DISPOSAL SYSTEM ITSELF.
SENATOR RANDOLPH. OF COURSE, YOU HAVE INDICATED THAT YOU FAVOR
CLASSIFYING SANITARY LANDFILLS AS NONPOINT SOURCE UNDER OUR WATER LAW.
THAT EFFECT WOULD, AS I UNDERSTAND IT, MR. GEORGES, OBVIATE THE NEED FOR
AN EPA PERMIT.
MR. GEORGES. WE WOULD SUPPORT THE REQUIREMENT OF PERMIT FOR
OPERATING A SOLID WASTE SYSTEM. WE ALSO ARE AWARE THAT ANY LIQUIDS THAT
FLOW OUT OF A SOLID WASTE SYSTEM ON A PLANT ARE NOT INCLUDED IN OUR
PERMITS FOR EFFLUENT DISCHARGE IF IT FLOWS INTO A MUNICIPAL TREATMENT
SYSTEM.
WHAT WE ARE CONCERNED ABOUT IS ALL OF THE OTHER LANGUAGE IN THE WATER
LAW SUCH AS APPLYING "BEST PRACTICAL TECHNOLOGY." HERE WE ARE CONCERNED
ABOUT APPLYING THESE PHRASES AND THIS METHODOLOGY TO THE SOLID WASTE
SYSTEM OR THE DESIGN OF A SOLID WASTE SYSTEM, NOT JUST THE WATER PART.
I MIGHT ALSO GO ON TO SAY THAT ANOTHER EXAMPLE WOULD BE PERHAPS DEEP
WELLS WHICH CURRENTLY ARE NOT REGULATED UNDER THE WATER LAW.
I GUESS WHAT WE ARE TRYING TO DO IS NOT EXEMPT WATER FLOW FROM A
LANDFILL FROM REGULATION OR FROM CONSIDERATION IN TERMS OF ITS EFFECTS.
WE JUST DIDN'T SEE CLEARLY HOW MAKING REFERENCE TO THIS PARTICULAR PART
OF THE WATER LAW WOULD KEEP US FROM GETTING INVOLVED WITH APPLYING ALL
OF THE METHODOLOGY OF THE WATER LAW ON SOLID WASTE DESIGN. THIS
CONCERNS US.
SENATOR RANDOLPH. I MUST REPEAT THAT OUR COMMITTEE INTENDED IN 1972
THAT SANITARY LANDFILLS BE REGULATED AS POINT SOURCES. THAT WAS UNDER
THE 1972 WATER LAW, AS I HAVE INDICATED.
THE REGULATIONS OF EPA DO NOT COVER SUCH OPERATIONS AND IN SENATE
3560 IT WAS INTENDED TO REAFFIRM, AS I HAVE INDICATED, THAT 1972 POLICY.
I WANT YOU AGAIN TO DIRECT YOUR STATEMENT TO JUST WAHT I HAVE SAID.
MR. GEORGES. SIR, IF THE STATEMENT OF SECTION 213(C) -- SENATE BILL
3560 ONLY DEALS WITH THE WATER FLOW FROM SUCH A SANITARY LANDFILL, THEN
I WOULD HAVE TO RECONSIDER MY STATEMENT. I AM CONCERNED ABOUT IT
APPLYING TO THE WHOLE METHOD AND DESIGN OF SOLID WASTE TREATMENT
FACILITIES.
IF I CAN GET A CLEAR INTENT OF YOUR PURPOSE THERE, THEN I WOULD BE
VERY HAPPY TO RECONSIDER WHAT WE SUBMITTED'
SENATOR RANDOLPH. YES' OUR STAFF WILL WORK WITH YOU, MR' GEORGES,
AND OTHERS ON THIS MATTER BECAUSE PERHAPS IT IS A MATTER OF
CLARIFICATION MORE THAN DISAGREEMENT.
ONE FINAL QUESTION TO YOU, MR. HANKS: WHEN YOU ARE TALKING ABOUT
HAZARDOUS WASTES, YOU ARE SAYING THAT DESPITE THE FACT THAT THEY
CONSTITUTE ONLY A SMALL PROPORTION OF ALL SOLID WASTES, THEY DESERVE
SEPARATE AND DISTINCT LEGISLATIVE TREATMENT.
AS I REMEMBER YOUR TESTIMONY, I AM NOT SURE WHETHER YOU ADVOCATE
FEDERAL DESIGNATION OF HAZARDOUS WASTES AND THE FEDERAL PROMULGATION OF
STANDARDS FOR DISPOSAL OR TREATMENT OF THESE OPERATIONS.
AS WE ADMINISTER AND OPERATE THESE PROGRAMS, WHAT ARE YOU TALKING
ABOUT, FEDERAL AND STATE PROGRAMS -- ONE OR THE OTHER?
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 030 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106927
HEARINGS
TRANSCRIPT
SENATE
MR. HANKS. BASICALLY, SENATOR, I BELIEVE WHAT I ATTEMPTED TO SAY WAS
THAT WE BELIEVE THAT THERE ARE SOME WASTES THAT DO DESERVE SPECIAL
ATTENTION. WE WOULD FORESEE FEDERAL STANDARDS OR, AS SENATOR DOMENICI
SUGGESTED, MINIMUM FEDERAL GUIDELINES THAT WOULD DIRECT THE DISPOSAL OF
THESE MATERIALS. WE WOULD HOPE THAT THESE WOULD BE ADMINISTERED BY THE
STATES CONSISTENT WITH THE FEDERAL STANDARDS.
SENATOR RANDOLPH. THANK YOU VERY MUCH. I THINK THAT IS A VALID
APPROACH.
SENATOR DOMENICI. I HAVE JUST TWO QUESTIONS REMAINING. I WANT TO
START THIS FIRST QUESTION BY READING A PORTION OF THE TESTIMONY GIVEN TO
US YESTERDAY BY MAYOR BRILEY. HE WAS REFERRING TO SENATE BILL 1086. HE
SAID THIS:
THE HAZARDOUS WASTE MANAGEMENT ACT WOULD, AS THE TITLE IMPLIES,
ESTABLISH A PLANNING PROCESS AIMED AT CONTROLLING ONLY WHAT THE BILL
DEFINES AS "HAZARDOUS."
WE FEEL THIS PROPOSAL FALLS MARKEDLY SHORT OF WHAT IS NEEDED AND
SERIOUSLY QUESTION WHETHER THE LINE BETWEEN HAZARDOUS AND NON-HAZARDOUS
WASTES CAN BE DRAWN AS THIS BILL ATTEMPTS TO. PRELIMINARY RESEARCH
UNDERTAKEN BY SEVERAL AGENCIES, INCLUDING EPA, INDICATES THAT EVEN WASTE
DISPOSED OF IN THE MOST CAREFULLY DESIGNED SANITARY LANDFILLS CAN BE
"HAZARDOUS" DUE TO THE SEEPAGE OF LEACHATES INTO UNDERGROUND AQUIFERS.
FURTHER, THE PRESENT FIRE HAZARDS ASSOCIATED WITH MANY PARTIALLY
OPERATIVE OPEN DUMPS CAN HAVE A NEGATIVE IMPACT ON HEALTH AND WELL-BEING
OF THE NATION'S CITIES.
WHO IS TO SAY WHICH IS MORE HAZARDOUS, A TOXIC SUBSTANCE WHICH IS
DIRECTLY INJECTED INTO THE MAINSTREAM OR AN OPEN DUMP WHICH IGNITES AND
RESULTS IN HUMAN TRAGEDY AND DEATH AND THE LIKE?
I JUST DON'T ASK THIS TO BELABOR THE POINT. I THINK YOU ARE
SUGGESTING THAT THERE BE A CLEAR LINE OF DEMARCATION BETWEEN THE
TREATMENT OF HAZARDOUS SUBSTANCES WHICH OUR BILL -- ONE OF YOU SUGGESTED
THAT THERE EVEN BE A SEPARATE BILL. I THINK BOTH OF YOU AT LEAST SAID
IT OUGHT TO BE A SEPARATE CATEGORY CALLED HAZARDOUS. I THINK THE MAYOR
SPEAKING FOR THE CITIES SUGGESTS THAT THIS MAY BE A VERY DIFFICULT
PROBLEM IN TERMS OF A REGION TAKING CARE OF SOLID WASTE DISPOSAL IF TWE
HAVE SUCH SPECIFIC AND DEFINITE DISTINCTIONS WHEN APPLICATION IN THE
FIELD MAKES NO DISTINCTION. COULD YOU SPEAK TO THAT BRIEFLY?
MR. GEORGES. YES. I SUPPORT THE STATEMENT THE MAYOR SAYS. IF I
GAVE ANY OTHER INDICATION, I WOULD RETRACT IT. I DO BELIEVE ALL SOLID
WASTES SHOULD BE REGULATED AND WE SHOULD HAVE STANDARDS FOR SO DOING.
THE ONLY PURPOSE TO BE DERIVED FROM TRYING TO WRESTLE WITH A
DEFINITION OF HAZARDOUS WASTE IS IN THE PROCESS OF STANDARD SETTING. AS
THE MATERIAL IS DEFINED AS BEING MORE HAZARDOUS IN THE PARTICULAR
ENVIRONMENT YOU ARE DISPOSING OF IT IN, THEN I THINK THE STANDARDS FOR
DISPOSAL SHOULD GO UP. THAT IS THE DISTINCTION I WOULD MAKE. I DON'T
BELIEVE YOU CAN MAKE THAT DISTINCTION UNTIL YOU GET INTO THE ANALYSIS OF
THE MATERIAL AND THE ENVIRONMENT. I SUPPORT THE STATEMENT. I WOULD
HOPE THAT WHAT I HAVE SAID WOULD NOT BE IN CONFLICT WITH THAT.
SENATOR DOMENICI. SO THAT IN DEFINING WHAT YOU ARE GOING TO DO WITH
IT, YOU MIGHT END UP INCLUDING AS HAZARDOUS SOME THINGS WHICH MIGHT NOT
BE IN THE HAZARDOUS CATEGORY?
MR. GEORGES. I AGREE. I THINK YOU DON'T KNOW WHETHER IT IS
HAZARDOUS UNTIL YOU LOOK AT THE PARTICULAR SITUATION.
SENATOR DOMENICI' DO YOU BASICALLY AGREE?
MR. HANKS. YES, SIR. I THINK MR. GEORGES RESPONDED AS I WOULD.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 031 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106928
HEARINGS
TRANSCRIPT
SENATE
SENATOR DOMENICI. I HAVE ONE LAST QUESTION FOR YOU, MR. GEORGES. TO
PROCEED JUST A LITTLE BIT FURTHER WITH SENATOR RANDOLPH'S QUESTION, YOU
STATED ALL POINT SOURCE DISCHARGES OF POLLUTANTS, INCLUDING THOSE FROM
SOLID WASTE DISPOSAL SYSTEMS INTO NAVIGABLE WATERS, ARE ALREADY
REGULATED AND UNDER THE WATER LAW.
THE WASHINGTON POST ON JUNE 15 CARRIED A BRIEF ARTICLE.
DUPONT POLLUTION, TALLAHASSEE, GULF OF MEXICO STATES ARE BEING ASKED
TO JOIN WITH FLORIDA IN THE LAWSUIT TO BAN DU PONT DUMPING OF CHEMICAL
WASTES INTO THE GULF, THE STATE POLLUTION CONTROL BOARD CHAIRMAN SAID
YESTERDAY.
HE TOLD THE BOARD THAT ALABAMA, MISSISSIPPI, LOUISIANA AND TEXAS
SHOULD JOIN THE SUIT, WHICH SEEKS TO HALT THE DUMPING OF WASTE FROM THE
DU PONT PLANT IN BELLE, WEST VIRGINIA.
WHAT ARE THE FACTS OF THIS CASE AS THEY APPLY TO YOUR STATEMENT THAT
NAVIGABLE WATERS ARE ALREADY REGULATED UNDER THE WATER LAW?
MR. GEORGES. LET ME GIVE YOU SOME BACKGROUND ON THAT SITUATION. IN
BELLE, WEST VIRGINIA, WE OPERATE SOME 22 PRODUCTION PROCESSES AND WE
HAVE VERY EXTENSIVE TREATMENT FACILITIES THERE FOR HANDLING THE WASTES
PRODUCED.
HOWEVER, THREE OF THE NEWER OPERATIONS PRODUCE WASTES WHICH CANNOT BE
HANDLED WITH AVAILABLE TREATMENT FACILITIES ON THE SITE. WE MADE A VERY
THOROUGH ENVIRONMENTAL STUDY ON THE MARINE LIFE AND DETERMINED THAT WE
COULD SAFELY DISPOSE OF THESE IN THE OCEAN.
THIS WAS BACK IN 1969 AND AFTER NOTIFYING THE APPROPRIATE AGENCIES WE
PROCEEDED WITH DISPOSAL IN THIS MANNER. WE HAVE BEEN DOING THIS NOW FOR
5 YEARS.
SINCE THAT TIME, OF COURSE, WE HAVE HAD THE MARINE PROTECTION ACT,
WHICH DEFINES CERTAIN STANDARDS AND PROCEDURES FOR OCEAN DUMPING. WE
HAVE APPLIED FOR PERMITS PURSUANT TO THE MARINE PROTECTION ACT AND WE
HAVE OBTAINED SUCH PERMITS FROM THE EPA.
WE HAVE SATISFIED THE FEDERAL GOVERNMENT THAT, INDEED, OUR WASTES AND
THEIR DISPOSAL MEET ALL OF THE CRITERIA SET FORTH BY THAT ACT.
FURTHER, WE HAVE DONE A GREAT DEAL OF WORK TO DEVELOP LAND-BASED
SYSTEMS. FOR ONE OF THE TWO WASTES, WE HAVE COMMITTED OURSELVES TO
HAVING A LAND-BASED SYSTEM IN OPERATION WITHIN A YEAR, MID-1975, AND
THAT WE WOULD BE IN A POSITION TO TREAT ALL OF THOSE WASTES IN
LAND-BASED SYSTEMS BY 1977.
THE PROBLEM THAT WE HAVE FACED IN PUTTING THESE MATERIALS IN THE GULF
HAS NOT BEEN OF A TECHNICAL NATURE. IT HAS NOT BEEN ANY FAILURE TO
SATISFY THE LEGAL REQUIREMENTS. WE HAVE NEVER HAD ANY DEMONSTRATION OR
ANY EVIDENCE THAT THE DISPOSAL OF THESE WASTES IN THE GULF HAS CAUSED
ANY HARM.
WE HAVE BEEN DONE A GREAT DEAL OF WORK TO PROVE TO OURSELVES THAT WE
ARE NOT DOING ANY HARM TO THE MARINE LIFE, WHETHER YOU DEAL WITH THE
LARGE SPECIES OR EVEN THE PLANKTON AND LOWER LIFE IN THE MARINE
ENVIRONMENT.
THE STATE OF FLORIDA IS UPSET, I THINK, LARGELY BECAUSE OF CONCERN AS
TO WHETHER THE JOB HAS BEEN ADEQUATELY DONE.
WE ARE GOING TO WINDUP IN A HEARING IN FLORIDA ON THE 22ND OF THIS
MONTH WHERE BOTH DU PONT WILL PRESENT ITS STORY AND EPA WILL, OF OF
COURSE, BE THERE TO PRESENT THEIR STORY AS TO WHY THEY GRANTED THE
PERMIT.
I MIGHT SAY THAT EPA IN DISCHARGING THEIR DUTIES ALSO BROUGHT IN
SEPARATE CONSULTANTS, TWO GROUPS, TO GO THROUGH DATA VERY CAREFULLY.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 032 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106929
HEARINGS
TRANSCRIPT
SENATE
AFTER DOING SO, THEY DETERMINED THAT, IN FACT, THE MANNER IN WHICH
THESE WASTES WERE BEING DISPOSED OF DID NOT POSE ANY THREAT TO THE
ENVIRONMENT. THOSE ARE THE BASIC FACTS.
SENATOR RANDOLPH. THANK YOU, SENATOR'
MR. GEORGES AND MR. HANKS, AS YOU LEAVE THE WITNESS TABLE, MEMBERS OF
OUR PANEL ARE APPRECIATIVE FOR YOUR TESTIMONY. I THINK IT IS VERY
IMPORTANT THAT WE NOT BE UPSET IN ANY SENSE BY THE TESTIMONY THAT SEEMS
TO BE AT VARIANCE.
THERE ARE MANY BILLS BEFORE THIS PANEL. WE WANT THE INPUT.
OFTENTIMES, I THINK THE LEGISLATIVE PROCESS, OUR DIFFERENCES HELP US TO
DEVELOP THOSE, LET US SAY, PURPOSES IN LEGISLATION THAT WE MIGHT NOT
DEVELOP IF WE DID NOT HAVE THESE APPROACHES WHICH ARE GIVEN AS YOU ARE
GIVING THEM TODAY AND OTHERS WHO ARE APPEARING DURING OUR 7 DAYS OF
HEARINGS.
I DO WANT TO NOTE THAT I SOMETIMES THINK -- I AM SPEAKING ONLY
PERSONALLY NOW -- THAT THE CONGRESS WHEN APPROACHING A PROBLEM COMMITS
THE FEDERAL GOVERNMENT TO IT AND THEN WE DO NOT ALWAYS PROVIDE THE
NECESSARY MANPOWER AND FUNDING TO DO THE JOB.
THERE IS A FLOUNDING PROCESS THAT TAKES PLACE. I AM THINKING NOW,
MR. HANKS, OF THE UNION CARBIDE PROJECT IN WEST VIRGINIA WITH NO FEDERAL
FUNDS, $3 MILLION OF YOUR OWN MONEYS, IS THAT CORRECT, DOING THIS JOB?
MR. HANKS. YES, SIR.
SENATOR RANDOLPH. I REMEMBER THE MAYOR OF NASHVILLE, MR. BRILEY, WHO
TESTIFIED TELLING US WHAT IS BEING DONE THERE AND WITH SO-CALLED LOCAL
FUNDING, NOT FEDERAL FUNDING.
I THINK THAT WHATEVER WE DO WE MUST REALIZE THAT IF WE ARE TO HAVE A
PROGRAM WITH THE FEDERAL STRENGTHS BUILT IN THAT WE MUST PROVIDE THE
NECESSARY MONEYS AND LET US SAY INTELLIGENT MANPOWER AND WOMANPOWER TO
DO THIS TASK.
THIS SOMETIMES IS FRIGTHENING TO ME THAT OUR PURPOSES ARE DETERRED.
YOU BOTH FEEL THAT ALTHOUGH YOU ARE BELIEVERS IN THE JOB BEING DONE BY
THE PRIVATE SECTOR WHEN IT CAN BE DONE BY INDIVIDUAL UNITS OF INDUSTRY
THAT YOU BELIEVE THAT THIS IS NOW THE TIME FOR THE CONGRESS TO MOVE INTO
THIS AREA, TO SET STANDARDS OR GUIDELINES AND TO WORK WITH INDUSTRY AND
LOCAL LEVELS OF GOVERNMENT?
WHAT ARE YOU SAYING TO US JUST QUICKLY IN A HALF MINUTE, EACH ONE?
MR. GEORGES?
MR. GEORGES. I WOULD SUPPORT THE STATEMENT. WE HAVE MAD IT OVER AND
OVER AGAIN, THAT THERE IS A NEED FOR SOLID WASTE LEGISLATION, SO THAT
THE NATION CAN QUIT USING OPEN DUMPS AND WE CAN BE SURE THAT WE ARE
REGULATING THE DISPOSAL OF THE MATERIALS.
MR. HANKS. I THINK I AM SAYING BASICALLY THE SAME THING. IN REGARD
TO FEDERAL FUNDS, ONE OF THE REASONS WHY WE HAVE SO MANY OPEN DUMPS IS
VERY SIMPLY BECAUSE IT IS THE CHEAPEST WAY FOR A CITY TO GET RID OF ITS
TRASH. I THINK WE ALL RECOGNIZE IT IS NOT THE PROPER WAY.
TO DEVELOP THE FUNDS FOR ADEQUATE INCINERATION, PERHAPS CENTRALIZED
REGIONAL FACILITIES WITH ENERGY RECOVERY, DOES REQUIRE A LOT OF MONEY;
AND FREQUENTLY IT IS BEYOND THE CAPABILITY OF LOCAL GOVERNMENT TO SUPPLY
THE MONEY.
SENATOR RANDOLPH. BOTH YOU GENTLEMEN REALIZE, I'M SURE, THAT 4.5
BILLION TONS OF WASTES ARE GENERATED IN THIS COUNTRY ON AN ANNUAL BASIS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 033 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106930
HEARINGS
TRANSCRIPT
SENATE
THEN WHEN WE LOOK AT THE BREAKDOWN, WE FIND THAT THE INDUSTRIAL
WASTES ONLY ACCOUNT FOR ABOUT 140 MILLION OF THAT 4.5 BILLION TONS. ADD
THAT FIGURE TO THE 230 MILLION TONS, WHAT WE CALL URBAN WASTES AND WE
RUN THAT FIGURE UP TO 370 MILLION OUT OF 4.5 BILLION TONS. SO ALL OF
THESE SEGMENTS ARE CONTRIBUTING TO THAT OVERALL FIGURE WHICH IS
STAGGERING AND IN WHICH YOU BELIEVE THERE HAS TO BE AN ALL OUT EFFORT TO
COPE WITH IT AT THE FEDERAL AND OTHER POLITICAL LEVELS AND ALSO THE
COMPLETE COOPERATION AND UNDERSTANDING OF INDUSTRY. IS THAT RIGHT?
MR. GEORGES. YES, SIR.
SENATOR RANDOLPH. THANK YOU VERY MUCH, MR. GEORGES AND MR. HANKS.
(ATTACHMENT TO MR. GEORGES, AND MR. HANKS' STATEMENTS FOLLOW:)
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 034 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106931
HEARINGS
TRANSCRIPT
SENATE
TITLE PAGE OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 035 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106932
HEARINGS
TRANSCRIPT
SENATE
THE INFORMATION AND RECOMMENDATIONS CONTAINED IN THIS PUBLICATION
HAVE BEEN COMPILED FROM SOURCES BELIEVED TO BE RELIABLE AND TO REPRESENT
THE BEST OPINION ON THE SUBJECT AS OF 1974. HOWEVER, NO WARRANTY,
GUARANTEE, OR REPRESENTATION IS MADE BY THE MANUFACTURING CHEMISTS
ASSOCIATION AS TO THE CORRECTNESS OR SUFFICIENCY OF ANY INFORMATION AND
REPRESENTATION CONTAINED HEREIN, AND THE ASSOCIATION ASSUMES NO
RESPONSIBILITY IN CONNECTION THEREWITH, NOR CAN IT BE ASSUMED THAT ALL
NECESSARY WARNINGS AND PRECAUTIONARY MEASURES ARE CONTAINED IN THIS
PUBLICATION, OR THAT OTHER ADDITIONAL INFORMATION OR MEASURES MAY NOT BE
REQUIRED OR DESIRABLE BECAUSE OF PARTICULAR OR EXCEPTIONAL CONDITIONS OR
CIRCUMSTANCES, OR BECAUSE OF APPLICABLE FEDERAL, STATE OR LOCAL LAW.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 036 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106933
HEARINGS
TRANSCRIPT
SENATE
LANDFILL USUALLY IS ONE OF THE MORE VIABLE ALTERNATIVES FOR THE
ULTIMATE DISPOSAL OF UNUSABLE RESIDUAL WASTES INCIDENT TO CHEMICAL
MANUFACTURING. THE RESPONSIBILITIES OF INDUSTRY TO ASSURE COMPLIANCE
WITH REGULATIONS TO PROTECT AND ENHANCE THE QUALITY OF THE ENVIRONMENT
ARE BECOMING MORE DEFINITIVE AND PERFORMANCE REQUIREMENTS MORE
RESTRICTIVE. IN THE DISPOSAL OF WASTE MATERIALS RESULTING FROM CHEMICAL
MANUFACTURING OPERATIONS, BY THE LANDFILL METHOD, WHETHER CARRIED OUT BY
THE WASTE GENERATOR OR BY HIS CONTRACTOR, IT IS ESSENTIAL THAT THE BASIC
OBLIGATIONS OF SAFE HANDLING AND PROPER ULTIMATE DISPOSAL ARE MET IN A
SATISFACTORY MANNER. IT IS INTENDED THAT THIS GUIDE, PREPARED AS AN
ACTIVITY OF THE SOLID WASTES MANAGEMENT COMMITTEE OF THE MANUFACTURING
CHEMISTS ASSOCIATION, WILL ASSIST IN FULFILLING THESE RESPONSIBILITIES.
A LANDFILL, WHEN PROPERLY DESIGNED ANDOPERATED IS A WELL-CONTROLLED
METHOD FOR DISPOSING OF SOLID WASTES. IT INVOLVES DEPOSITION OF THE
WASTES IN A CONTROLLED MANNER INTO A PREPARED PORTION OF A CAREFULLY
SELECTED SITE FOLLOWED BY SPREADING AND COVERING, OR BLENDING, WITH
SOIL.
THIS GUIDE HAS BEEN PREPARED TO PROVIDE A REFERENCE FOR IDENTIFYING
MATTERS THAT SHOULD BE TAKEN INTO ACCOUNT WHEN CONSIDERING LANDFILLING
CHEMICAL WASTES. IT IS INTENDED TO BE USED IN CONJUNCTION WITH EXISTING
FEDERAL, STATE AND LOCAL REGULATIONS TO PROVIDE COUNSEL FOR PROPER
LANDFILLING OF CHEMICAL WASTES WHETHER THEY BE DISPOSED OF SEPARATELY,
OR IN CONJUNCTION WITH MUNICIPAL-TYPE REFUSE. IN EFFECTING ADEQUATE AND
SAFE DISPOSAL OF A CHEMICAL WASTE IN EITHER CASE, BASIC CONSIDERATIONS
ARE THE VARIOUS CHARACTERISTICS OF THE WASTE AND THE LANDFILL LOCATION,
DESIGN AND OPERATION.
THE USE OF LANDFILL FOR LIQUID, SEMI-SOLID OR SOLID CHEMICAL WASTE
EITHER ALONE OR IN CONJUNCTION WITH MUNICIPAL AND INDUSTRIAL REFUSE IS A
METHOD OF ULTIMATE DISPOSAL WHICH CAN BE PRACTICED SAFELY. THE LANDFILL
DISPOSAL OF CHEMICAL WASTE FROM INDUSTRY, PARTICULARLY WHEN PRACTICED IN
A JOINT OR COOPERATIVE FACILITY FOR COMMUNITY SOLID WASTE, OFTEN OFFERS
THE MOST ECONOMICAL DISPOSAL METHOD AS WELL AS THE METHOD OF LEAST
ENVIRONMENTAL STRESS. CERTAIN PRECAUTIONS IN WASTE ACCEPTANCE PRACTICES
AND IN LANDFILL LOCATION AND OPERATION MUST BE TAKEN TO MINIMIZE ADVERSE
EFFECTS UPON THE ENVIRONMENT. SOME CHEMICAL WASTES CONSTITUTE A
POTENTIAL WATER POLLUTION PROBLEM BECAUSE THESE WASTES MAY LEACH THROUGH
THE LANDFILL INTO GROUNDWATER WITH SUBSEQUENT DETRIMENTAL EFFECTS ON
GROUNDWATER QUALITY.
IN ADDITION TO THE POSSIBILITY OF WATER POLLUTION, THERE ARE OTHER
SAFETY HAZARDS ASSOCIATED WITH LANDFILLS OF SOME CHEMICAL WASTES.
INTERNAL GAS GENERATION AND HIGHLY REACTIVE AND FLAMMABLE MATERIALS
CHARGED TO LANDFILLS CAN RESULT IN FIRES AND EXPLOSIONS, ESPECIALLY WHEN
EXPOSED TO SOURCES OF IGNITION SUCH AS BULLDOZING EQUIPMENT. A LANDFILL
FIRE ALSO CONSTITUTES AN AIR POLLUTION PROBLEM. ODOR PROBLEMS CAN ARISE
WHEN CHEMICAL WASTES ARE NOT PRETREATED AND HANDLED PROPERLY.
BEFORE DECIDING TO LANDFILL A PARTICULAR WASTE, CONSIDERATION SHOULD
BE GIVEN TO ALL ALTERNATIVE METHODS OF DISPOSAL. BOTH ECONOMICS AND
HAZARD TO THE ENVIRONMENT MUST BE CONSIDERED. IN SOME CASES A MORE
COSTLY METHOD MAY BE JUSTIFIED IN VIEW OF THE POTENTIAL HAZARD OF ONE
LESS COSTLY.
SEVERAL CRITERIA SHOULD BE EMPLOYED IN EVALUATING THE FEASIBILITY OF
LANDFILLING A PARTICULAR CHEMICAL WASTE. THESE INCLUDE DEGRADABILITY,
LEACHING CHARACTERISTICS, TOXICITY, RADIOACTIVITY, ODOR POTENTIAL,
FLAMMABILITY, AND REACTIVITY.
A. DEGRADABILITY -- LANDFILL IS PARTICULARLY SUITABLE FOR DISPOSAL OF
INERT MATERIALS OR FOR SUBSTANCES WHICH CAN BE CONVERTED INTO HARMLESS
COMPOUNDS WITHIN THE FILL BY BUFFERING, FILTRATION, PRECIPITATION,
MICROBIAL ACTION, ADSORPTION OR ION-EXCHANGE. SOME POLYMERS ARE INERT.
THOSE WHICH HAVE DEGRADATION PRODUCTS WHICH MAY BE TOXIC TO MICROBES
PRESENT IN THE FILL REQUIRE SPECIAL CARE.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 037 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106934
HEARINGS
TRANSCRIPT
SENATE
MANY ALIPHATIC HYDROCARBONS DECOMPOSE IN THE SOIL. EXAMPLES ARE
GASOLINE, TARS AND SOME RUBBER COMPOUNDS. UNSATURATED BRANCHED-CHAIN
COMPOUNDS OF HIGH MOLECULAR WEIGHT ARE GENERALLY LESS SUSCEPTIBLE TO
DEGRADATION THAN THEIR SATURATED, UNBRANCHED, LOW MOLECULAR WEIGHT
ANALOGS.
2. AROMATIC MATERIALS ARE GENERALLY MORE RESISTANT TO MICROBIAL AND
CHEMICAL DEGRADATION IN THE SOIL. CARBON IN AROMATIC FORMS CONSTITUTES
A SUBSTANTIAL PORTION OF THE STABLE ORGANIC FRACTIONS IN SOILS, HOWEVER,
IT IS KNOWN THAT THE AROMATIC RING CAN BE CLEAVED BY SOME SOIL
ORGANISMS. ONCE CLEAVED, RESULTING STRAIGHT CHAIN HYDROCARBONS ARE MORE
READILY DEGRADED AND OXIDIZED TO CARBON DIOXIDE AND WATER.
3. BIOCIDES MAY BE DEGRADED IN A LANDFILL IF NO TOXIC MOLECULAR
FRAGMENTS OR METALLIC COMPOUNDS ARE PRODUCED WHICH WOULD CURTAIL THE
BIOLOGIC ACTIVITY OF A STANDARD WASTE WATER TREATMENT SYSTEM.
THE STABILITY OF PESTICIDES AND HALOGENATED OF PHOSPHORYLATED
COMPOUNDS IS USUALLY A FUNCTION OF SOIL TEXTURE, HUMUS CONTENT,
TEMPERATURE, MOISTURE, AND PH. IF A LEACHATE IS PRODUCED FROM THE FILL,
THESE COMPOUNDS SHOULD NOT BE PLACED IN LANDFILL UNTIL, USING SYSTEMS
CLOSELY COMPARABLE TO THE FILL ITSELF, STUDIES INDICATE THAT THEY CAN BE
SAFELY DEGRADED TO PROVIDE A LEACHATE WHICH IS NOT TOXIC OR WHICH CAN BE
TREATED BY A STANDARD WASTE TREATMENT TECHNIQUE.
B. LEACHING CHARACTERISTICS -- A COLLECTION SYSTEM MAY BE REQUIRED
FOR LANDFILLS WHERE LEACHING IS A THREAT. THE COMPONENTS OF THE
LEACHATE MAY NOT HAVE BEEN COMPLETELY DEGRADED AND MIGHT PROVE
DETRIMENTAL TO GROUNDWATER SUPPLIES IN THE AREA BENEATH AND ADJACENT TO
THE LANDFILL. A COLLECTION SYSTEM MIGHT BE PROVIDED WHEN THE LEACHATE
HAS HIGH COD, BOD, SOLIDS, AND OTHER CHARACTERISTICS WHICH RESPOND TO
TREATMENT BEFORE DISCHARGE INTO THE RECEIVING WATER.
C. TOXICITY -- CHEMICAL WASTES, WHEN PLACED IN A LANDFILL, SHOULD NOT
RESULT IN CONDITIONS TOXIC TO THE MICROBES INVOLVED IN THE BREAKDOWN OF
THE VARIOUS MATERIALS IN THE LANDFILL. HEAVY METALS IN SOLUBLE FORM
KNOWN TO BE TOXIC TO ANIMAL AND MICROBIAL ORGANISMS MAY REQUIRE
CONVERSION TO AN INSOLUBLE FORM BEFORE LANDFILL DISPOSAL, OR ISOLATION
SUCH AS PROVIDED BY IMPERVIOUS BARRIERS. SOME CHEMICAL WASTES CAN BE
TOXIC TO OPERATING PERSONNEL AND COMPOUNDS SUCH AS CYANIDES MUST NOT BE
PLACED WHERE ACIDIC CONDITIONS ARE POSSIBLE.
D. RADIOACTIVITY -- IT IS NOT ADVISABLE TO PLACE RADIOACTIVE WASTES
IN A LANDFILL, ESPECIALLY GAMMA AND BETA EMITTERS WITH LONG HALF-LIVES.
APPROPRIATE AEC AND STATE REGULATIONS MUST BE FOLLOWED IN DISPOSING OF
RADIOACTIVE MATERIALS.
E. ODOR POTENTIAL -- MATERIALS RELATIVELY NONBIODEGRADABLE AND
MALODOROUS, SUCH AS SOME ACRYLATES AND MERCAPTANS, SHOULD BE PLACED IN
LANDFILL WITH CARE. ODOR CAN BE MINIMIZED WITH PROPER PRETREATMENT,
HANDLING AND BLENDING OF MANY ODOROUS WASTES.
F. FLAMMABILITY -- PYROPHORIC MATERIALS MAY BE DUMPED IN AN ISOLATED
PORTION OF THE LAND FILL ONLY AFTER CAREFUL TECHNICAL PREPARATIONS HAVE
BEEN TAKEN TO PROHIBIT CONTACT WITH AIR AT THE SITE.
G. REACTIVITY -- MATERIALS WHICH TEND TO REACT VIOLENTLY UNDER
CERTAIN CONDITIONS CAN BE PLACED IN A LANDFILL IF CARE IS TAKEN TO
PREVENT THOSE CONDITIONS. EXAMPLES ARE MONOMERS OR PEROXIDES.
1. ASSUMING THAT THE WASTE IS ACCEPTABLE FOR LANDFILL, THE DESIGN OF
THE FILL SHOULD ASSURE THAT NO SIGNIFICANT ADVERSE ENVIRONMENTAL
CIRCUMSTANCE WILL ARISE. AMJOR FACTORS TO BE CONSIDERED ARE
INFILTRATION AND PERCOLATION, GAS PRODUCTION AND EMISSION, LEACHING,
GROUNDWATER TRAVEL, RUNOFF, EMISSIONS FROM TRANSPORTATION AND WASTE
INSERTION ACTIVITIES, AND -- WHEN REQUIRED -- LEACHATE COLLECTIO AND
HANDLING SYSTEMS.
2. BASIC MECHANISMS WHICH RESULT IN CONTAMINATION OF GROUNDWATER ARE
DIRECT HORIZONTAL LEACHING OF WASTE BY GROUNDWATER, VERTICAL LEACHING BY
PERCOLATING WATER, TRANSFER BY DIFFUSION AND CONVECTION OF GASES
PRODUCED DURING DECOMPOSITION. THESE MECHANISMS MAY COMBINE AT RANDOM
AND WORK TOGETHER, AND EACH MAY SEPARATELY HAVE AN EFFECT UPON WATER
QUALITY. THE RETENTIONS OR SPREAD OF ANY RESULTANT CONTAMINANT IS
DETERMINED BY THE PARTICULAR WEATHER, GEOLOGIC, AND HYDROLOGIC
CONDITIONS AT THE LANDFILL SITE.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 038 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106935
HEARINGS
TRANSCRIPT
SENATE
3. ACTIVE CHEMICAL WASTES CAN BE RENDERED HARMLESS IN A LANDFILL
THROUGH BUFFERING, FILTRATION, MICROBIAL ACTION, ADSORPTION, AND
ION-EXCHANGE. TO FACILITATE THESE MECHANISMS, ADEQUATE RETENTION AND
CONTACT TIME BETWEEN CHEMICAL WASTE, SOIL, AND ANY OTHER SOLID WASTES IS
NECESSARY. GRAIN SIZE AND UNSATURATED DEPTH OF THE FILL HELP DETERMINE
RETENTION TIME. ADSORPTIVE CAPACITY OF THE SOLID WASTE AND SOIL
INFLUENCES THE CONTAMINANT CONTACT TIME AND ALSO REPRESENTS A TREATMENT
MECHANISM IN ITSELF GREATER UNSATURATED DEPTH SERVES TO INCREASE THE
ADSORPTIVE CAPACITY OF THE FILL SYSTEM BY BRINGING INFILTRATIVE WATER
INTO CONTACT WITH A GREATER MASS OF WASTE AND SOIL, ALSO AFFECTING
BIOLOGICAL TREATMENT. THE POTENTIAL FOR REAREATION OF THE ACTIVE
BIOLOGICAL ZONE AT THE FILL SURFACE, ONCE INFILTRATION HAS CEASED, ALSO
IS INFLUENCED BY THE UNSATURATED DEPTH. ADEQUATE DRAINING OF THE
UNSATURATED ZONE AND OF THE BIOLOGICALLY ACTIVE ZONE AT THE SURFACE IS
NECESSARY TO ENSURE AN OPTIMAL RETENTION TIME FOR BIOLOGICAL TREATMENT
AND TO AVOID RESTRICTING REAERATION OF THE ACTIVE ZONE.
DRAINING OF THE UNSATURATED ZONE AND OF THE SURFACE BIOACTIVE ZONE
CAN BE OBTAINED ON A DYNAMIC BASIS IN LEAKY LANDFILLS. FURTHER
ENHANCEMENT OF THE BIOLOGICAL REACTION CAN BE OBTAINED BY LEACHATE
RECYCLE IN THE SAME SYSTEMS WHEN LEACHATE COLLECTION IS REQUIRED.
BIOLOGICAL ACTIVITY MAY DIMINISH IN COLD WEATHER. ITS ADVERSE EFFECTS
CAN BE OVERCOME BY ACHIEVING BIOLOGICAL MATURITY IN THE SYSTEM PRIOR TO
THE ONSET OF THE COLD SEASON.
1. TOPOGRAPHICAL MAPS OF PROPSED FILL AND ADJACENT AREA
(A) TOPOGRAPHIC INFORMATION SHOULD INCLUDE AT LEAST THE FOLLOWING:
(A) BORROW PIT AREAS.
(2) TYPICAL CROSS-SECTIONS OF LIFTS, DIMENSIONS AND ELEVATIONS OF THE
BASE LIFTS.
(3) GRADES REQUIRED FOR PROPER DRAINAGE OF LIFTS.
(4) LOCATION OF PUBLIC AND PRIVATE WATER SUPPLIES, WELLS, SPRINGS,
STREAMS, SWAMPS OR OTHER BODIES OF WATER WITHIN ONE MILE OF THE PROPOSED
LANDFILL PROPERTY LINES.
(5) LOCATION OF ALL HOMES, INDUSTRIAL BUILDINGS, ROADS AND OTHER
APPLICABLE DETAILS WITHIN THREE-FOURTHS (3/4) MILE OF THE DISPOSAL SITE.
(6) WIND PATTERNS AND VELOCIITIES.
(7) SCALE SHOULD NOT BE GREATER THAN 1 INCH EQUALS 200 FEET AND
CONTOUR INTERVALS SHOULD NOT BE GREATER THAN 5 FEET.
(B) CERTAIN FACTORS MAY SERVE TO LIMIT NORMAL LANDFILL OPERATIONS,
AND INFORMATION PERTAINING TO THESE FACTORS SHOULD BE INCLUDED AS
FOLLOWS:
(A) LOCATION OF UNDERGROUND AND SURFACE MINES WITHIN APPROXIMATELY
ONE-FOURTH (1/4) MILE OF THE PROPOSED LANDFILL SITE PROPERTY LINES AND
MAPS SHOWING THE EXTENT OF DEEP MINE WORKINGS, ELEVATION OF THE MINE
POOL AND LOCATION OF MINE POOL DISCHARGES.
(2) LOCATION OF GAS AND OIL WELLS.
(3) LOCATION OF HIGH-TENSION POWER LINE RIGHTS-OF-WAY.
(4) LOCATION OF FUEL TRANSMISSION PIPELINE RIGHTS-OF-WAY.
2. SOIL GEOLOGICAL CHARACTERISTICS
(A) A REPORT ON THE SOILS, GEOLOGIC AND GROUNDWATER CHARACTERISTICS
OF THE PROPOSED SITE SHOULD BE BASED ON A SOUND GEOLOGICAL
INVESTIGATION.
(B) A SUFFICIENT NUMBER OF BORINGS OF WELLS SHOULD BE DRILLED TO
DETERMINE THE SOIL GEOLOGY AND GROUNDWATER CONDITIONS. THESE MAY BE
SUPPLEMENTED BY PAST BORING DATA AS WELL AS EXCAVATIONS WHERE
APPROPRIATE.
(1) BORINGS OR WELLS SHOULD BE DRILLED FIVE (5) FEET INTO THE
GROUNDWATER OR BEDROCK OR TWENTY (20) FEET BELOW THE BASE OF THE
PROPOSED LANDFILL, WHICHEVER IS SHALLOWER. ONE (1) BORING OR WELL
SHOULD BE DRILLED NEAR THE POINT OF HIGHEST ELEVATION'
(2) A MINIMUM OF ONE (1) GROUNDWATER QUALITY MONITORING WELL SHOULD
BE DRILLED IN EACH DOMINANT DIRECTION OF GROUNDWATER MOVEMENT IN ORDER
TO CHECK THE EFFECT OF OPERATIONS ON ORIGINAL GROUNDWATER QUALITY.
3. CHARACTERISTICS OF COVER MATERIAL
(A) COVER MATERIAL SHOULD BE SUITABLE SOIL OR OTHER MATERIAL WHICH
SHALL HAVE MEDIUM TO MODERATELY COARSE TEXTURE AND SHOULD BE OF SUCH
CHARACTER THAT IT COMPACTS WELL, DOES NOT CRACK EXCESSIVELY WHEN DRY AND
IS RELATIVELY FREE OF DECOMPOSABLE MATERIALS AND LARGE OBJECTS.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 039 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106936
HEARINGS
TRANSCRIPT
SENATE
(B) WHERE COVER MATERIAL IS LIMITED IN QUANTITY OR IS NOT AVAILABLE
ON THE SITE, DESIGN AND OPERATIONAL PLANS MUST INCLUDE A DESCRIPTION OF
SOURCE OF COVER MATERIAL, INDICATING SUCH THINGS AS SOIL TYPES,R VOLUMES
TO BE USED, TRANSPORT METHODS AND CONTRACT ARRANGEMENTS.
4. PREVENTION OF GROUNDWATER POLLUTION
(A) TO MINIMIZE RISK OF GROUNDWATER POLLUTION FROM LANDFILL LEACHATE
SEVERAL FACTORS INCLUDING WASTE QUANTITY AND CHARACTERISTICS, LOCAL
HYDROLOGY AND GEOLOGY, AND LOCAL ENVIRONMENTAL ASSIMILATIVE CAPACITY
SHOULD BE CONSIDERED.
(1) GENERAL GOOD PRACTICE IN THE PREVENTION OF GROUNDWATER POLLUTION
INVOLVES:
(I) DIVERSION OF SURFACE RUNOFF FROM FILL;
(II) SLOPING FILL SURFACE AND PLANTING DURABLE GROUND COVER TO DRAIN
AWAY RUNOFF WITHOUT EROSION;
(III) USING THE MOST IMPERVIOUS CONVENIENT COVER.
(B) IF STUDIES INDICATE THAT LANDFILL LEACHATE MAY STILL BE A PROBLE
THE FOLLOWING SHOULD BE CONSIDERED:
(1) ELIMINATION OF PRODUCTION OF LEACHATE. IN SUFFICIENTLY DRY AREA
WASTE CAN BE BURIED ABOVE THE SATURATED ZONE.
(2) MIGRATION OF LEACHATE UNDER ACCEPTABLE CONDITIONS IS USUALLY
PRACTICED IN HUMID AREAS. THE HYDROGEOLOGIC ENVIRONMENT FOR ACCEPTABLE
MIGRATION OF LEACHATES RANGES FROM RELATIVELY IMPERMEABLE STRATA, SUCH
AS CLAYS AND SOME GLACIAL TILLS, TO MORE PERMEABLE STRATA, SUCH AS
GRAVELS AND ROCKS. THE QUALITY OF THE RECEIVING WATER BODY AND THE
NATURE OF THE STRATA WILL DETERMINE THE TRAVEL TIME AND LENGTH OF PATH
REQUIRED FOR ACCEPTABILITY.
(3) MIGRATION AND RECOVERY OF LEACHATE
(I) THIS DEPENDS ON A GROUNDWATER FLOW SYSTEM TO FUNNEL LEACHATE TO A
POINT WHERE IT CAN BE COLLECTED IN A RESERVOIR ON OR BELOW THE SURFACE
WHEN ATTENUATION DURING TRAVEL IS NOT SUFFICIENT TO RENDER THE LEACHATE
HARMLESS.
(II) IF FLOW LINES DO NOT CONVERGE NATURALLY, THEY CAN BE MADE TO DO
SO BY CREATING AN ARTIFICIAL DISCHARGE ZONE USING DITCHES, TILE DRAINS,
OR PUMPING WELLS.
(III) COLLECTED LEACHATE SHOULD BE TREATED PRIOR TO DISCHARGE.
(4) RETENTION AND RECOVERY OF LEACHATE
(I) THIS DESIGN SHOULD BE USED WHEN THERE IS INDICATION THAT LEACHATE
WILL NOT BE RENDERED HARMLESS BY THE FILL AND WHEN NO OTHER MEANS EXIST
TO HANDLE LEACHATE.
(II) A TILE DRAINAGE SYSTEM SHOULD BE INSTALLED TO COLLECT THE
LEACHATE.
(III) THE FILL SHOULD HAVE THE EQUIVALENT OF A CLAY SEAL.
(IV) LEACHATE SHOULD BE TREATED PRIOR TO DISCHARGE.
5. PREVENTION OF SURFACE WATER POLLUTION
(A) TO AVOID RISK OF SURFACE WATER CONTAMINATION FROM THE FILL, THE
SITE SHOULD BE DESIGNED AND OPERATED TO MANAGE SURFACE WATER RUNOFF AND
EROSION. SURFACE RUNOFF SHOULD BE PERIODICALLY MONITORED, AND IF FOUND
TO BE CONTAMINATED, THE FOLLOWING PROCEDURES SHOULD BE FOLLOWED:
(1) RAINWATER RUNOFF FROM THE FILL MASS SHOULD PASS INTO A
CONTAMINATED CATCH WATER BASIN.
(2) THE CATCH BASIN SHOULD BE CONSTRUCTED TO PREVENT LEACHING OF
MATERIALS. COMPACTED CLAY CONSTRUCTION MAY BE USED OR A LINING MAY BE
REQUIRED.
(3) RUNOFF SHOULD SUBSEQUENTLY BE TREATED BEFORE DISCHARGE.
6. GAS VENTING
(A) GAS CAN ACCUMULATE AT HIGH POINTS IN CELL-TYPE LANDFILLS WHERE
LARGE POCKETS OF ORGANICS LODGE. VENTS SHOULD BE LOCATED AT SUCH POINTS
IN EACH CELL TO PREVENT SIGNIFICANT ACCUMULATION.
(B) WHEN SOIL OR SOLID WASTE ARE BLENDED IN APPROXIMATELY EQUAL
VOLUMES WITH CHEMICAL WASTE, VENTS MAY NOT BE REQUIRED IF THERE ARE NO
CELLS AND GAS IS EMITTED UNIFORMLY AND IN LOW CONCENTRATION OVER THE
ENTIRE FILL FACE.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 040 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106937
HEARINGS
TRANSCRIPT
SENATE
7. ACCESS ROADS
(A) ACCESS ROADS TO THE ENTRANCE OF THE LANDFILL SHOULD BE SURFACED
WITH SUCH MATERIALS AS ASPHALT, GRAVEL OR CINDERS AND SHOULD BE PROVIDED
WITH A BASE CAPABLE OF WITHSTANDING ANTICIPATED LOAD LIMITS. PREVENTION
OR DUSTING IS OFTEN REQUIRED.
(B) AN ALL-WEATHER ACCESS ROAD NEGOTIABLE BY LOADED COLLECTION
VEHICLES SHOULD BE PROVIDED FROM THE ENTRANCE GATE OF THE LANDFILL TO
THE UNLOADING AREA.
(C) SIGNS INDICATING TRAFFIC FLOW AND HOURS OF OPERATION SHOULD BE
PROVIDED.
1. WASTE PRETREATMENT
(A) IF THE PHYSICAL, CHEMICAL OR TOXICOLOGICAL FEATURES OF A WASTE
ARE SUCH THAT HAZARDS ARE IMPOSED ON TRANSPORTATION PERSONNEL, THE
SURROUNDING COMMUNITY, OR THE LANDFILL OPERATORS, PRETREATMENT SHOULD BE
GIVEN TO ELIMINATE THIS HAZARD. IF SUCH TREATMENT IS NOT POSSIBLE
ALTERNATE DISPOSAL METHODS SHOULD BE SOUGHT. FOR EXAMPLE:
(1) CATALYSTS SHOULD BE ADDED TO ORGANIC MONOMER SEMI-SOLIDS AT
PRODUCTION UNIT OR FILL SITE TO MINIMIZE LEACHING POTENTIAL AND MAXIMIZE
BLENDABILITY.
(2) ACID OR CAUSTIC SLUDGES NEUTRALIZED AND SLURRIED TO MAXIMIZE
BLENDABILITY AND MINIMIZE REACTIVITY.
(3) MALODOROUS MATERIALS NEUTRALIZED WHERE THEY OCCUR.
2. UNLOADING CHEMICAL WASTES
(A) CHEMICAL WASTE LOADS SHOULD NOT BE ALLOWED TO ENTER THE FILL ARE
UNTIL REVIEWED AT THE WASTE SOURCE AND PRETREATED, IF NECESSARY. IT IS
RECOMMENDED THAT THE OPERATION BE SYSTEMATIZED BY REQUIRING THAT A
"LANDFILL TICKET" ACCOMPANY EACH LOAD OF CHEMICAL WASTE WHICH DESCRIBES
THE MATERIAL, APPLICABLE LANDFILL PROCEDURE, PERSONNEL PROTECTION
REQUIREMENTS, SPECIAL INSTRUCTIONS, WASTE SOURCE, QUANTITY AND DATE.
(B) UNLOADING AREAS SHOULD BE SPECIFIED AND RESTRICTED TO WITHIN A
REASONABLE DISTANCE FROM THE WORKING FACE SO AS TO PERMIT COLLECTION
VEHICLES TO UNLOAD PROMPTLY.
(C) AN ATTENDANT SHOULD DIRECT VEHICLES TO THE UNLOADING AREA OR
CLEARLY MARKED SIGNS SHOULD BE LOCATED PROMINENTLY ALONG THE LANDFILL
ROAD UP TO THE UNLOADING AREA.
(D) SUPERVISION SHOULD BE CONTINUOUSLY AVAILABLE TO COORDINATE THE
UNLOADING ACTIVITIES.
3. WASTE BLENDING
(A) CHEMICAL WASTES SHOULD BE BLENDED WITH APPROPRIATE VOLUMES OF SO
OR REFUSE, AND COMPACTED TO PRODUCE STABLE EARTH.
(B) ALL LARGE FOREIGN OBJECTS WHICH WILL NOT PROVIDE MUCH CONTACT
SURFACE AREA AND WHICH MAY RESULT IN THE INTRODUCTION OF AN AIR POCKET
TO THE FILL SHOULD BE REMOVED PRIOR TO BLENDING.
(C) SIX INCHES OF COVER SHOULD BE ADDED DAILY FOR SAFETY AND
ENVIRONMENTAL PROTECTION.
(D) STOCKPILING BOTH SOIL AND REFUSE FOR COLD WEATHER USE IS
ADVISABLE.
4. SIZE OF WORKING AREA
THE SIZE OF THE ACTIVE FILL AREA SHOULD BE CONFINED TO INSURE THAT
BLENDED WASTE CAN BE SPREAD, COMPACTED AND COVERED DAILY.
5. EQUIPMENT
EQUIPMENT SHOULD BE SUFFICIENT FOR THE ONSITE PRETREATMENT, SIZE
REDUCTION, BLENDING, SPREADING, COMPACTING, AND COVERING OPERATIONS.
6. FIRE AND SAFETY PROTECTION
(A) FIRE PROTECTION AND FIRE-FIGHTING FACILITIES ADEQUATE TO INSURE
THE SAFETY OF EMPLOYEES AND PROVISIONS TO DEAL WITH ACCIDENTAL BURNING
OF BLENDED WASTES WITHIN THE LANDFILL SHOULD BE PROVIDED.
(B) EMERGENCY FIRST-AID EQUIPMENT FOR ADEQUATE TREATMENT OF INJURIES
SHOULD BE PROVIDED.
(C) FENCES SHOULD BE PROVIDED TO ENCLOSE THE LANDFILL TO DISCOURAGE
NON-AUTHORIZED PEOPLE FROM ENTERING THE FILL.
(D) SIGNS INDICATING NATURE OF THE LANDFILL AND SPECIFIC HAZARDOUS
AREAS SHOULD BE PROVIDED.
(C) A TELEPHONE OR EQUIVALENT TYPE OF COMMUNICATION SHOULD BE
AVAILABLE AT THE FILL SITE.
(F) 24-HOUR SURVEILLANCE OVER THE FILL SHOULD BE MAINTAINED WITH
APPROPRIATE SECURITY.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 041 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106938
HEARINGS
TRANSCRIPT
SENATE
7. OPERATIONAL RECORDS
THESE SHOULD CONSIST OF A WRITTEN LOG MAINTAINED BY THE LANDFILL
OPERATOR INCLUDING THE FOLLOWING INFORMATION:
(A) TYPES AND QUANTITIES OF CHEMICAL WASTE RECEIVED;
(B) THE PORTION OR AREA OF THE LANDFILL USED;
(C) SPECIAL PROVISIONS MADE FOR HAZARDOUS WASTE DISPOSAL;
(D) ANY DEVIATION FROM THE OPERATING PLANS AND SPECIFICATIONS.
THE FOLLOWING REFERENCES OFFER ADDITIONAL MATERIAL WHICH MAY BE
HELPFUL IN LANDFILL PLANNING AND MANAGEMENT:
1. CUMMINS, R.L., EFFECTS OF LAND DISPOSAL OF SOLID WASTES ON WATER
QUALITY ENVIRONMENTAL CONTROL ADMINISTRATION. BUREAU OF SOLID WASTE
MANAGEMENT, CINCINNATI, 1968.
2. STEINER, R.L. AND R. KANTZ, SANITARY LANDFILL: A BIBLIOGRAPHY,
PUBLIC HEALTH SERVICE PUBLICATION NO. 1819. WASHINGTON, U.S.
GOVERNMENT PRINTING OFFICE, 1968, 37 P.
3. DISPOSAL OF SOLID TOXIC WASTES, TECHNICAL COMMITTEE ON THE
DISPOSAL OF SOLID TOXIC WASTES, HER MAJESTY'S STATIONERY OFFICE, LONDON,
1970, 106 P.
MEAD, B.E., AND W.G. WILKIE, LEACHATE PREVENTION AND CONTROL FROM
SANITARY LANDFILLS, PROCEEDS. ALCHE, 68TH ANNUAL MEETING, HOUSTON,
TEXAS, FEBRUARY 28-MARCH 4, 1971.
5. STONE, R., SANITARY LANDFILL DISPOSAL OF CHEMICAL AND PETROLEUM
WASTE SYMPOSIUM ON SOLID INDUSTRIAL WASTES-PART II, ALCHE, 68TH ANNUAL
MEETING, HOUSTON, TEXAS, FEBRUARY 28-MARCH 4, 1971.
6. HYDROGEOLOGY OF SOLID WASTE DEPOSIT SITES IN NE ILLINOIS, U.S.
ENVIRONMENTAL PROTECTION AGENCY, 1971.
7. WITT, P.A., JR. DISPOSAL OF SOLID WASTES, CHEMICAL ENGINEERING,
OCTOBER 4, 1971, PP. 62-76.
8. BRUNNER, D.R., AND D.J. KELLER, SANITARY LANDFILL DESIGN AND
OPERATIONS, U,S. ENVIRONMENTAL PROTECTION AGENCY, SOLID WASTE MANAGEMENT
SERIES PUBLICATION SW-65TS. U.S. GOVERNMENT PRINTING OFFICE, STOCK NO.
5502-0085, 1972, 59 P.
9. BALLENTINE R.K., S.R REZNEK, AND C.W. HALL, SUBSURFACE POLLUTION
PROBLEMS IN THE UNITED STATES, U.S. ENVIRONMENTAL PROTECTION AGENCY,
OFFICE OF WATER PROGRAMS, TECHNICAL STUDIES REPORT: TS-00-72-02, MAY,
1972, 24 P.
10. MANUFACTURING CHEMISTS ASSOCIATION PILOT CASE NO. 49, SOLID
APPROACH TO WASTE DISPOSAL, APRIL, 1971.
11. CURRY, NOLAN A., GUIDELINES FOR LANDFILL OF TOXIC INDUSTRIAL
SLUDGES, PROCEEDINGS TWENTY-EIGHTH INDUSTRIAL WASTE CONFERENCE, PURDUE
UNIVERSITY, 1973.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 042 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106939
HEARINGS
TRANSCRIPT
SENATE
COVER SHEET OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 043 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106940
HEARINGS
TRANSCRIPT
SENATE
TITLE PAGE OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 044 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106941
HEARINGS
TRANSCRIPT
SENATE
/1/ COVERED BY U.S. PATENT NO. 3729, 298 AND CORRESPONDING FOREIGN
PATENTS.
THE SOLID WASTE EXPLOSION HAS BECOME A MATTER OF IMPERATIVE CONCERN
TO ENVIRONMENTALISTS, LEGISLATORS AND THE PUBLIC AT LARGE. MORE THAN
500,000 TONS OF MIXED MUNICIPAL REFUSE ARE GENERATED IN THE UNITED
STATES EVERY DAY. THE DISPOSAL PROBLEMS CREATED BY THIS AVALANCHE OF
TRASH ARE BECOMING DAILY MORE SERIOUS.
THE VOLUME OF REFUSE IS GROWING CONSTANTLY AS A RESULT OF INCREASING
POPULATION CONCENTRATIONS IN URBAN-AREAS AND THE WIDE USE OF
NON-RETURNABLE CONTAINERS AND CONVENIENCE PACKAGING.
LAND REQUIRED FOR DISPOSAL BY PRESENT METHODS IS BECOMING MORE SCARCE
AND COSTLY EVEN WHEN THESE METHODS ARE ENVIRONMENTALLY ACCEPTABLE.
FURTHERMORE, RECOVERY OF THE VALUABLE RESOURCES CONTAINED IN MIXED
MUNICIPAL REFUSE IS NOW RECOGNIZED AS A DESIRABLE ECONOMIC AND
ENVIRONMENTAL OBJECTIVE.
THE HISTORICAL, AND CHEAPEST, METHOD OF HANDLING THIS REFUSE HAS BEEN
THE MUNICIPAL OPEN DUMP - WHERE UNPROCESSED GARBAGE PRODUCED SEVERE
PROBLEMS OF GROUND WATER POLLUTION THROUGH LEACHING, LOSS OF LAND VALUE,
FIRE DANGERS AND RODENT INFESTATION. A MORE ACCEPTABLE SANITARY LAND
FILL METHOD REDUCES THESE THREATS TO THE ENVIRONMENT BY COMPOSTING AND
COVERING THE GARBAGE WITH DIRT. HOWEVER, THIS PRACTICE IS ALSO BEING
GREATLY RESTRICTED AS ACCEPTABLE SITES, IF AVAILABLE AT ALL, MUST BE
LOCATED FURTHER AND FURTHER FROM POPULATION CENTERS.
BOTH OF THESE METHODS MAY BE SUPPLEMENTED BY INCINERATING THE WASTE
BEFORE LAND FILLING. CONVENTIONAL INCINERATION PROVIDES SIGNIFICANT
VOLUME REDUCTION AND SOME ALLEVIATION OF THE POLLUTION CAUSED BY
LEACHING AT LAND FILL SITES BUT INTRODUCES NEW ENVIRONMENTAL AND
ECONOMIC PROBLEMS.
WITH INCINERATION, AIR POLLUTION STANDARDS CANNOT BE MET WITHOUT
EXTREMELY COSTLY STACK GAS CLEANING SYSTEMS.
WHILE VOLUME REDUCTION OF 80% TO 90% ARE POSSIBLE, THE RESIDUE IS
NOT BIOLOGICALLY INACTIVE AND LAND FILLING IS STILL REQUIRED.
RESOURCE RECOVERY IS MINIMAL.
FACED WITH THE HIGH COSTS OF ENVIRONMENTALLY ACCEPTABLE INCINERATION
AND THE INCREASING SCARCITY OF SITES AVAILABLE FOR LAND FILL, MANY
LOCAL, REGIONAL AND STATE GOVERNMENTS ARE IN NEED OF ADVANCED DISPOSAL
SYSTEMS. TO SATISFY THESE NEEDS, SUCH A SYSTEM MUST BE:
ECONOMICALLY ATTRACTIVE
ENVIRONMENTALLY SOUND
CAPABLE OF REALISTIC RESOURCE RECOVERY
SUITABLE FOR LONG TERM OPERATION
THESE REQUIREMENTS ARE MET BY THE PUROX SYSTEM /1/ DEVELOPED BY UNION
CARBIDE CORPORATION IN RESPONSE TO THE NEED FOR ADVANCED SOLUTIONS TO
THE PROBLEMS OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY.
FIGURE 1 - A TYPICAL SANITARY LAND FILL OPERATION REQUIRING THE
COMMITMENT OF EXTENSIVE LAND AREA
PICTURE OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 045 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106942
HEARINGS
TRANSCRIPT
SENATE
THE UNION CARBIDE PUROX SYSTEM UTILIZES OXYGEN, INSTEAD OF AIR, TO
PRODUCE HIGH-TEMPERATURE INCINERATION AND PYROLYSIS OF ALL TYPES OF
REFUSE. THE ONLY PRODUCTS FORMED ARE A COMPACT, STERILE RESIDUE AND A
FUEL GAS VALUABLE AS A CLEAN-BURNING SOURCE OF ENERGY. IN SUMMARY, THE
KEY ADVANTAGES OF THE PUROX SYSTEM ARE AS FOLLOWS:
PRODUCTION OF A CLEAN BURNING FUEL GAS AND A STERILE, COMPACT SOLID
RESIDUE.
ELIMINATION OF POLLUTANT EMISSIONS TO THE ATMOSPHERE.
FLEXIBILITY TO HANDLE ALL FORMS AND TYPES OF REFUSE.
ECONOMICALLY ATTRACTIVE INSTALLATION AND OPERATING COSTS.
UNION CARBIDE HAS BEEN ABLE TO ACHIEVE THIS UNIQUE COMBINATION OF
DESIRABLE FEATURES BECAUSE OF ITS BROAD EXPERIENCE IN ALL OF THE
COMPLEMENTARY TECHNOLOGIES REQURIED FOR SUCH A SYSTEM. THESE INCLUDE:
OXYGEN PRODUCTION METHODS AND APPLICATIONS, HICH-TEMPERATURE COMBUSTION
AND PYROLYSIS PROCESSES, FURNACE DESIGN AND OPERATION, HYDROCARBON AND
FUEL GAS TREATMENT, AND ABATEMENT TECHNIQUES FOR CONTROL OF POLLUTION
FROM GASEOUS, LIQUID AND SOLID INDUSTRIAL WASTES.
TABLES OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 046 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106943
HEARINGS
TRANSCRIPT
SENATE
FIGURE 2 IS A SCHEMATIC DRAWING OF THE BASIC PUROX SYSTEM. THE KEY
ELEMENT IS THE VERTICAL SHAFT FURNACE INTO WHICH REFUSE IS FED THROUGH A
CHARGING LOCK AT THE TOP. OXYGEN IS INJECTED INTO THE COMBUSTION ZONE
AT THE BOTTOM OF THE FURNACE WHERE IT REACTS WITH CARBON CHAR RESIDUE
FROM THE PYROLYSIS ZONE. THE TEMPERATURE GENERATED IN THE HEARTH IS
SUFFICIENTLY HIGH TO MELT AND FUSE ALL NONCOMBUSTIBLE MATERIALS. THE
MOLTEN MATERIAL CONTINUOUSLY OVERFLOWS FROM THE HEARTH INTO A WATER
QUENCH TANK WHERE IT FORMS A HARD, STERILE GRANULAR PRODUCT.
THE HOT GASES FORMED BY THE REACTION OF OXYGEN AND CARBON CHAR RISE
THROUGH THE DESCENDING WASTE. IN THE MIDDLE PORTION OF THE VERTICAL
SHAFT FURNACE, ORGANIC MATERIALS ARE PYROLYZED UNDER AN ESSENTIALLY
REDUCING ATMOSPHERE TO YIELD A GASEOUS MIXTURE HIGH IN CARBON MONOXIDE
AND HYDROGEN (TYPICALLY ABOUT 50% CO AND 30% H2 BY VOLUME ON A DRY
BASIS). AS THE HOT GASEOUS PRODUCTS CONTINUE TO FLOW UPWARDS, THEY DRY
THE ENTERING REFUSE IN THE UPPER ZONE OF THE FURNACE. THE HIGH THERMAL
EFFICIENCY OF THE PUROX SYSTEM IS INDICATED BY THE RELATIVELY LOW
TEMPERATURE (ABOUT 200 DEGREES F) OF THE BY-PRODUCT GAS EXITING THROUGH
A DUCT TO THE GAS CLEANING SECTION OF THE SYSTEM.
AS IT LEAVES THE FURNACE, THE GAS MIXTURE CONTAINS WATER VAPOR, SOME
OIL MIST FORMED BY THE CONDENSATION OF HIGH-BOILING ORGANICS, AND MINOR
AMOUNTS OF FLY ASH. THE OIL MIST AND FLY ASH SOLIDS ARE REMOVED BY A
GAS CLEANING SYSTEM. AFTER CLEANING THE PRODUCT GAS IS PASSED THROUGH A
CONCENSER. THE RESULTANT DRY GAS IS A CLEAN-BURNING FUEL, COMPARABLE TO
NATURAL GAS IN COMBUSTION CHARACTERISTICS. ITS HEATING VALUE IS
APPROXIMATELY 300 BTU/CU. FT. THIS RECOVERED GAS CAN BE USED
EFFECTIVELY AS A SUPPLEMENTARY FUEL IN AN EXISTING UTILITY BOILER OR
OTHER FUEL-CONSUMING OPERATIONS WITHOUT DOWNRATING OF THE BOILER OR
MAKING EXTENSIVE AND COSTLY BOILER MODIFICATIONS. BECAUSE THE GAS
PRODUCED BY THE PUROX SYSTEM IS ESSENTIALLY SULFUR-FREE AND CONTAINS
ONLY ABOUT ONE-TENTH THE AMOUNT OF FLY ASH ALLOWABLE UNDER FEDERAL AIR
QUALTIY STANDARDS, IT IS AN IDEAL FUEL FOR ALL TYPES OF EXISTING
GAS-FIRED FURNACES.
FIGURE 2 - OXYGEN REFUSE CONVERTER
DIAGRAM OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 047 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106944
HEARINGS
TRANSCRIPT
SENATE
TABLE I
TABLE OMITTED
THE PUROX SYSTEM PRODUCES FOUR TIMES AS MCUH ENERGY AS IT CONSUMES.
ONLY 20% OF THE TOTAL ENERGY RECOVERED BY THE SYSTEM IS NEEDED TO MEET
ALL OF ITS INTERNAL ENERGY REQUIREMENTS, INCLUDING THAT CONSUMED TO
PRODUCE THE OXYGEN USED IN THE FURNACE. THE REMAINING 80% IS AVAILABLE
FOR OTHER FUEL APPLICATIONS. THIS IS AN IMPORTANT RECOVERED RESOURCE,
PARTICULARLY IN VIEW OF THE GROWING SHORTAGE OF CLEAN FUELS.
THE GRANULAR SOLID RESIDUE PRODUCED FROM THE NON-COMBUSTIBLE PORTIONS
OF THE REFUSE IS FREE OF ANY BIOLOGICALLY ACTIVE MATERIAL. THE VOLUME
OF SOLID BYPRODUCT IS ONLY ABOUT 2 TO 3 PERCENT OF THE VOLUME OF
INCOMING REFUSE, DEPENDING UPON THE AMOUNT OF NONCOMBUSTIBLE MATERIALS
IN THE MIXED WASTES. BY CONTRAST, A WELL-DESIGNED AND
EFFICIENTLY-OPERATED CONVENTIONAL INCINERATOR PRODUCES A SOLID RESIDUE
VOLUME OF 10% OR MORE OF THE VOLUME OF REFUSE BURNED, IMPORTANTLY, THE
DENSE GRANULAR RESIDUE PRODUCED BY THE PUROX SYSTEM IS CONSIDERED
SUITABLE AS A CONSTRUCTION FILL MATERIAL OR FOR OTHER POTENTIALLY
VALUABLE USES.
THE PUROX SYSTEM IS NOTABLE IN ANOTHER RESPECT. IT IS DESIGNED TO
USE ONLY A SMALL FRACTION OF THE OXIDANT GAS REQUIRED IN CONVENTIONAL
INCINERATION. AS SHOWN BY THE COMPARISON IN TALBE I, THE PUROX SYSTEM
REQUIRES ONLY ONE-FIFTH OF A TON OF OXYGEN PER TON OF REFUSE, WHILE A
CONVENTIONAL INCINERATOR REQUIRES APPROXIMATELY SEVEN TONS OF AIR PER
TON OF SOLID WASTE BURNED. THE 35-FOLD DIFFERENCE IN OXIDANT GAS FLOW
MEANS THAT THE PUROX SYSTEM WILL PRODUCE ONLY ONE-TWENTIETH AS MUCH GAS
VOLUME TO BE CLEANED. THIS FACTOR, IN TURN, MAKES IT POSSIBLE TO REDUCE
FLY ASH CONTENT IN THE GASEOUS EMISSIONS TO LESS THAN ONE-TENTH OF THAT
ATTAINABLE WITH A CONVENTIONAL INCINERATOR. COMBUSTION OF THE FUEL GAS
FROM THE PUROX SYSTEM PRODUCES EMISSIONS FAR BELOW THE ALLOWABLE MAXIMUM
SPECIFIED BY FEDERAL AIR QUALITY STANDARDS.
THE USE OF OXYGEN ENABLES THE PUROX SYSTEM TO PROCESS EFFECTIVELY
SOLID WASTE OF WIDELY VARYING COMPOSITION. THIS FLEXIBILITY IS
ESPECIALLY ADVANTAGEOUS IN ADAPTING TO OPERATING VARIATIONS WHICH
COMMONLY RESULT FROM SEASONAL, REGIONAL AND SOCIO-ECONOMIC FACTORS.
ANOTHER IMPORTANT FEATURE OF THIS SYTEM IS ITS COMPATIBILITY WITH
OTHER SOLID WASTE DISPOSAL FACILITIES EITHER NEW OR EXISTING. IT CAN
READILY HANDLE REFUSE IN 'AS RECEIVED' CONDITION, OR IT CAN BE USED TO
TREAT REFUSE WHICH HAS BEEN PRE-PROCESSED BY SHREDDING, SEPARATION OR
RESOURCE RECOVERY OPERATIONS IN EXISTING EQUIPMENT.
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 048 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106945
HEARINGS
TRANSCRIPT
SENATE
SOLID WASTE IS LOOKED UPON MORE AND MORE FOR ITS POTENTIAL VALUE AS A
'RESOURCE'. ANY RESOURCE RECOVERY SYSTEM MUST BE EVALUATED ACCORDING TO
THE NATURE AND ECONOMIC VALUE OF ITS BY-PRODUCTS. THE INPUTS AND
PRODUCTS OF THE PUROX SYSTEM ARE SHOWN IN FIGURE 3.
FOR EACH TON OF SOLID REFUSE FED INTO THE PUROX SYSTEM, APPROXIMATELY
ONE-FIFTH OF A TON OF OXYGEN IS REQUIRED FOR COMBUSTION AND PYROLYSIS.
THE FURNACE PRODUCES APPROXIMATELY ONE-FIFTH OF A TON OF GRANULAR
NON-COMBUSTIBLE SOLIDS FROM EACH TON OF WASTE. THE GAS WITHDRAWN FROM
THE FURNACE IS CLEANED AND PROCESSED TO YIELD A USABLE FUEL GAS. WASTE
WATER IS REMOVED FOR FURTHER TREATMENT IF REQUIRED. ORGANICS AND FLY
ASH, SEPARATED FROM THE OFF-GAS DURING THE CLEANING STAGE, ARE RECYCLED
TO THE FURNACE. AS AN ALTERNATIVE TO RECYCLING ORGANICS TO THE FURNACE
FOR FURTHER CRACKING TO FUEL GAS, IT IS POSSIBLE TO SEPARATE AND RECOVER
THEM AS A SALEABLE FUEL OIL, SIMILAR TO NUMBER 6 BUNKER OIL.
AS MENTIONED ABOVE, THE PUROX SYSTEM IS A NET ENERGY PRODUCT. FOR
EXAMPLE, THE FUEL GAS PRODUCED BY A 1,000 TON PER DAY PUROX SYSTEM WILL
YIELD 30,000 KW OF ELECTRIC POWER WHEN USED AS A SUPPLEMENTARY FUEL IN
AN EXISTING UTILITY BOILER. APPROXIMATELY 5,000 KW OF THIS ENERGY IS
NEEDED TO MEET THE REQUIREMENTS OF THE PUROX FACILITY, LEAVING 25,000 KW
FOR USE ELSEWHERE.
IN THOSE SITUATIONS WHERE AN EXISTING UTILITY BOILER IS NOT AVAILABL
THE PUROX SYSTEM FUEL GAS MAY BE COMBUSTED IN AN ON-SITE GAS
TURBINE-GENERATOR. UNDER THESE CONDITIONS, THE NET ENERGY PRODUCTION
WILL BE SOMEWHAT REDUCED. HOWEVER, EVEN THE USE OF A GAS TURBINE
GENERATING SYSTEM WILL PRODUCE 21,000 KW OF POWER. ENERGY REQUIREMENTS
FOR THE PUROX FACILITY WOULD THEN BE INCREASED TO APPROXIMATELY 7,000 KW
AND A NET ENERGY PRODUCTION OF 14,000 KW WOULD RESULT.
FIGURE 3 - INPUTS AND PRODUCTS OF PUROX SYSTEM
DIAGRAM OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 049 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106946
HEARINGS
TRANSCRIPT
SENATE
THE DATA PRESENTED HERE WERE OBTAINED FROM THE OPERATION OF A PUROX
SYSTEM PILOT PLANT WHICH HAS BEEN IN OPERATION SINCE 1970. THIS UNIT
HAS THE CAPACITY TO TREAT FIVE TONS PER DAY OF SOLID WASTES AND HAS BEEN
TESTED WITH REFUSE OF VARYING COMPOSITION FROM SEVERAL DIFFERENT
MUNICIPAL SOURCES. THE SUCCESSFUL OPERATION OF THIS PILOT PLANT HAS
PROVIDED THE BASIC PROCESS INFORMATION REQUIRED TO SCALE-UP THE PUROX
SYSTEM DESIGN TO LARGE CAPACITY UNITS.
TO OBTAIN OPERATING EXPERIENCE AND PERFORMANCE DATA FOR THESE
FULL-SCALE UNITS, UNION CARBIDE HAS INSTALLED A 200 TON PER DAY PUROX
SYSTEM AT SOUTH CHARLESTON, WEST VIRGINIA. THIS INITIAL FACILITY,
SCHEDULED TO BEGIN OPERATION IN EARLY 1974, WILL BE USED TO CONFIRM THE
TECHNICAL AND ECONOMIC FEASIBILITY OF COMMERCIAL-SIZE UNITS. ANOTHER
IMPORTANT OBJECTIVE OF THE SOUTH CHARLESTON OPERATION IS TO DETERMINE
THE OPTIMUM SIZE FOR "MODULAR" FURANCE UNITS. THESE MODULAR UNITS MAY
THEN BE INSTALLED IN MULTIPLES AS REQUIRED TO MEET THE SOLID WASTE
DISPOSAL NEEDS OF LARGE MUNICIPALITIES.
FIGURE 4 - DRAWING OF A MODULAR PUROX UNIT.
PICTURE OMITTED
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 050 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106947
HEARINGS
TRANSCRIPT
SENATE
THE "PER-TON" COST OF MUNICIPAL SOLID WASTE DISPOSAL BY THE PUROX
SYSTEM IS INFLUENCED TO A CONSIDERABLE EXTENT BY THE SIZE AND CAPACITY
OF THE FACILITY. THE USUAL ECONOMICS OF SCALE APPLY - THE LARGER THE
FACILITY, THE LOWER THE UNIT PROCESSING COST. LABOR REQUIREMENTS, A
PRINCIPAL FACTOR IN THE OPERATING COSTS, DO NOT INCREASE IN DIRECT
PROPORTION TO PLANT SIZE: A 1,000 TON PER DAY INSTALLATION WOULD
REQUIRE FAR FEWER THAN FOUR TIMES THE NUMBER OF OPERATING PERSONNEL
EMPLOYED IN A 250 TON PER DAY PLANT.
IN DESIGNING A LARGE WASTE DISPOSAL PLANT, THE INCREASED COST OF
TRANSPORTING REFUSE TO THE FACILITY MUST BE BALANCED AGAINST THE
ECONOMIC ADVANTAGES OF INCREASING THE SIZE OF THE PLANT ITSELF. THE
PUROX SYSTEM MAY BE ADAPTED TO LARGE-CAPACITY MUNICIPAL WASTE DISPOSAL
REQUIREMENTS BY EMPLOYING TWO OR MORE FURNACES OF OPTIMUM MODULAR SIZE.
MODULAR DESIGN ALSO CONTRIBUTES TO OPERATING FLEXIBILITY SINCE IT
PERMITS INDIVIDUAL UNITS TO BE SHUT DOWN DURING PERIODS OF LOW DEMAND,
OR FOR ROUTINE MAINTENANCE.
THE PUROX SYSTEM AFFORDS THE MOST FAVORABLE ECONOMICS WHEN EMPLOYED
IN AREAS OF HIGH POPULATION DENSITY WHERE LANDFILL SITES ARE SCARCE AND
EXPENSIVE, AND WHERE A LARGE AMOUNT OF REFUSE IS CONCENTRATED IN A
RELATIVELY SMALL GEOGRAPHIC AREA. WITH A RESOURCE RECOVERY PROCESS LIKE
THE PUROX SYSTEM, THE UNIT COST OF DISPOSAL TENDS TO DECREASE AS
POPULATION DENSITY INCREASES. WITH THE LANDFILL METHOD OF WASTE
DISPOSAL, THE REVERSE IS TRUE - UNIT COST INCREASES IN PROPORTION TO
POPULATION DENSITY.
THE PUROX SYSTEM ENCOURAGES COMMUNITY ACCEPTANCE OF A LARGE,
CENTRALIZED DISPOSAL FACILITY SERVING SEVERAL SURROUNDING MUNICIPALITIES
BECAUSE ITS ENVIRONMENTALLY CLEAN OPERATION AVOIDS THE MAJOR OBJECTIONS
COMMONLY ASSOCIATED WITH LANDFILL AND INCINERATOR SITINGS. IN ADDITION,
MARKETS FOR THE RECOVERED FUEL GAS AND USES FOR THE SOLID RESIDUES ARE
MORE LIKELY TO BE LOCATED IN THE MORE DENSELY POPULATED AREAS.
A KEY REQUIREMENT OF THE PUROX SYSTEM IS AN ECONOMICAL SUPPLY OF
OXYGEN GAS. SOURCES OF THIS SUPPLY INCLUDE ON-SITE AIR SEPARATION
PLANTS, EMPLOYING EITHER THE CONVENTIONAL CRYOGENIC PROCESS OR THE NEWER
LINDOX PRESSURE-SWING ADSORPTION (PSA) SYSTEM, DELIVERY OF LIQUID OXYGEN
BY TRAILER TANK TRUCKS OR RAILROAD TANKCARS, FOR ON-SITE STORAGE AND
VAPORIZATION TO GAS ON DEMAND, AND PIPELINE DELIVERY OF GASEOUS OXYGEN.
OXYGEN PIPELINE SYSTEMS AFFORD MANY ECONOMIC AND OPERATING ADVANTAGE
HOWEVER, PIPELINE COMPLEXES ARE CONCENTRATED IN RELATIVELY FEW HIGHLY
INDUSTRIALIZED AREAS AND ARE THEREFORE NOT AVAILABLE TO THE MAJORITY OF
MUNICIPALITIES REQUIRING THE PUROX SYSTEM. TRUCKED-IN SUPPLIES OF
LIQUID OXYGEN ARE CONVENIENT AS BACK-UP FOR ON-SITE PRODUCTION
FACILITIES AND FOR HANDLING PEAK DEMANDS. BUT THE UNIT COST OF LIQUID
OXYGEN IS TOO HIGH TO MAKE THIS SUPPLY METHOD ECONOMICALLY ATTRACTIVE
FOR CONTINUOUS, LARGE-VOLUME APPLICATIONS.
ON-SITE OXYGEN PRODUCTION FACILITIES WILL PROBABLY BE THE MOST
ECONOMIC AND MOST EFFICIENT SOURCE OF SUPPLY FOR THE MAJORITY OF PUROX
SYSTEM INSTALLATIONS. EITHER THE CONVENTIONAL CRYOGENIC AIR SEPARATION
PROCESS FOR LARGE-CAPACITY PRODUCTION, OR THE LINDOX PSA SYSTEM FOR
SMALL- TO MEDIUM-SIZE PLANTS, CAN BE CUSTOM-DESIGNED TO MEET ANY OXYGEN
SUPPLY REQUIREMENT. UNION CARBIDE HAS MORE THAN 20 YEARS OF EXPERIENCE
IN BUILDING AND OPERATING HIGHLY AUTOMATED OXYGEN PLANTS FOR A VARIETY
OF CUSTOMERS AND APPLICANTS.
UNION CARBIDE OXYGEN PLANTS ARE NOTED FOR THEIR OVERALL EFFICIENCY,
RELIABILITY AND SAFETY. AS AN INTEGRAL PART OF A PUROX SYSTEM, A
DEPENDABLE ON SITE OXYGEN SUPPLY WILL PROVIDE A TOTAL SOLID WASTE
DISPOSAL FACILITY REQUIRING A MINIMUM OF OPERATOR ATTENTION AND NO
UNUSUAL OR EXTENSIVE SAFETY PRECAUTIONS. EFFICIENT OPERATIONS OF ALL
UNITS IS ASSURED BY UNION CARBIDE'S MAINTENANCE SERVICE, ON EITHER A
ROUTINE OR AS-REQUIRED BASIS, WHENEVER EXPERT ASSISTANCE IS REQUIRED.
PHOTO ON BACK COVER CLEAR, BLUE FLAME RESULTING FROM COMBUSTION OF
FUEL GAS FROM REFUSE BY PUROX SYSTEM'
NEED FOR A NATIONAL MATERIALS POLICY, THURSDAY, 740711
STATEMENTS OF GEORGES J, ACCOMPANIED BY PALMER P A, FREDERICK P, DAVIS E S, AND HANKS G J
GUIDE FOR LANDFILL DISPOSAL OF SOLID WASTE, 740000
SOLID WASTE DISPOSAL RESOURCE RECOVERY
PART 051 OF 51
GEORGES J DIRECTOR OF ENVIRONMENTAL AFFAIRS
PALMER P
FREDERICK P
DAVIS E S
HANKS G J OPERATIONS MANAGER, ENVIRONMENTAL AND RELATED AFFAIRS
E. I. DU PONT DE NEMOURS AND CO.
UNION CARBIDE CHEMICAL CORP. UNION CARBIDE CHEMICAL AND PLASTIC
GROUP
MANUFACTURING CHEMISTS ASSOCIATION, INC. 1825 CONNECTICUT AVE, N.W.
WASHINGTON, DC 20009
UNION CARBIDE PUROX SYSTEM ENVIRONMENTAL SYSTESM
106948
HEARINGS
TRANSCRIPT
SENATE
AN ON-SITE AIR SEPARATION FACILITY SIZED TO PROVIDE OXYGEN FOR A
1,000 TON PER DAY PUROX SYSTEM.
PICTURE OMITTED
SENATOR RANDOLPH. WILL THE PANEL OF CAN AND BOTTLE USERS -- MR. MUD
MR. LEE, MR. SELLINGER, AND MR. STROH -- COME FORWARD?
GOOD MORNING, GENTLEMEN. I AM NOT SURE OF THE ORDER IN WHICH YOU
WISH TO TESTIFY. I BELIEVE THAT MR. MUDD, MR. LEE, MR. SELLINGER, AND
MR. STROH MIGHT WISH TO PRESENT COMMENTS IN THAT ORDER, BUT YOU MAY
ALTER IT IF YOU DESIRE.
WE ARE GRATIFIED THAT YOU COME TO COUNSEL WITH US ON THIS IMPORTANT
SUBJECT.
MR. MUDD, IF YOU WOULD PRESENT YOUR TESTIMONY, IDENTIFYING YOURSELF,
MAKING SUCH EXPLANATION PRIOR TO YOUR STATEMENT AS YOU BELIEVE WOULD BE
HELPFUL TO THE MEMBERS OF THE PANEL.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 001 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106949
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. MUDD. THANK YOU, SENATOR.
MY NAME IS SIDNEY P. MUDD. I AM CHAIRMAN OF THE NEW YORK SEVEN-UP
BOTTLING CO., INC. I AM SPEAKING ALSO TODAY AS CHAIRMAN OF THE NEW YORK
INDUSTRY LABOR COMMITTEE FOR RESOURCE RECOVERY AND AS VICE PRESIDENT OF
THE NATIONAL SOFT DRINK ASSOCIATION, HERE IN WASHINGTON.
YOU HAVE THE SPECIFIED COPIES OF MY FORMAL STATEMENT WHICH I REQUEST
BE MADE PART OF THE RECORD OF THIS HEARING. WITH THE PERMISSION OF THE
CHAIRMAN, I WOULD LIKE TO LAY THE FORMAL STATEMENT ASIDE MOMENTARILY AND
SPEAK TO YOU ON A MORE DIRECT AND PERSONAL BASIS, STILL FOR THE RECORD.
(THE STATEMENT APPEARS AT P. 550.)
I HAVE BEEN IN THE SOFT DRINK BUSINESS FOR ALL OF MY BUSINESS LIFE, A
TOTAL OF 36 YEARS. FOR 33 OF THOSE YEARS, I WAS CONVINCED THAT I WAS IN
A SOUND ANS WHOLESOME BUSINESS, BRINGING TO ALL PEOPLE, REGARDLESS OF
AGE, COLOR, BELIEF, OR STATUS, A HARMLESS MOMENT OF RELAXATION AND
PLEASURE, AS CONVENIENTLY AS POSSIBLE, AT A FAIR AND REASONABLE PRICE,
AT HOME, AT WORK, AND AT PLAY. I STILL BELIEVE THAT. BUT FROM 1971
FORWARD IT APPEARS THAT CERTAIN ELEMENTS WITHIN OUR GOVERNMENT, EITHER
EXECUTIVE OR LEGISLATIVE, THINK TO THE CONTRARY.
THE FEDERAL TRADE COMMISSION SAYS OUR FRANCHISE SYSTEM, WHICH HAS
DEMONSTRATED FOR 75 YEARS THE MOST EFFECTIVE DISTRIBUTION METHOD YET
DEVISED, IS NOW ILLEGAL. THE FOOD AND DRUG ADMINISTRATION TELLS US
CYCLAMATES ARE UNSAFE.
THEY BAN THEM. NOW THEY ARE NOT SURE THEY WERE EVER HARMFUL.
NUTRITIONAL VALUES ARE CHALLENGED BY OTHERS AS THOUGH WE HAD CLAIMED
HIGH NUTRITIONAL LEVELS IN THE FIRST PLACE.
OSHA INSPECTORS MOVE THROUGH INDUSTRY AS IF POLICING FELONS, AND
FINALLY THE ENVIRONMENTAL PROTECTION AGENCY AND SENATOR HATFIELD, FROM A
SINGULAR STATE LIKE OREGON, SEEK TO BLAME THE BULK OF THE LITTER AND
SOLID WASTE PROBLEMS IN AMERICA ON SOFT DRINK AND BEER CONTAINERS,
REGARDLESS OF THE FACTS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 002 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106950
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
GENTLEMEN, THIS IS SYMPTOMATIC OF A SICKNESS IN AMERICA THAT WE HAD
BETTER BEGIN TO DO SOMETHING ABOUT. THAT SICKNESS IS NEGATIVISM,
SOPHISTICATED, CYNICAL, SUSPICIOUS NEGATIVISM. BEING AGAINST THINGS,
BEING AGAINST PEOPLE, TEARING DOWN, ACCUSING.
I HAVE SPENT MORE THAN HALF MY WORKING HOURS FOR THE LAST 3 YEARS
TRYING TO SAVE THE JOBS OF OUR 500 EMPLOYERS IN NEW YORK FROM THE
DESTRUCTION THAT NEGATIVISM WOULD VISIT UPON, MIND YOU, A COMPANY
SELLING SOFT DRINKS AND NOTHING ELSE, IF THE EXCESSES OF CONSUMERISM,
ENVIRONMENTALISM, AND BUREAUCRATIC RESPONSE WERE TO PREVAIL.
NEGATIVISM NEVER BUILT ANYTHING IN THIS COUNTRY NOR ANY PLACE ELSE.
CONFRONTATION BETWEEN BUSINESS AND GOVERNMENT NEVER BUILT ANYTHING.
"NO-GROWTH" THINKING AND "LEGISLATED LIVING" WILL MAKE AMERICA STERILE
IN THE END. THAT MAY BE ACCEPTABLE TO SOME WHO LOOK ONLY TO THEIR OWN
TIME AND PLACE, BUT I HOPE IT WILL NEVER BE ACCEPTABLE TO YOU AND ME.
THAT IS WHY I AM PARTICULARLY PLEASED AND HAPPY TO BE HERE TODAY. I
HAVE THE CHANCE TO BE FOR SOMETHING AGAIN, TO BE POSITIVE, TO OFFER TO
HELP, TO RALLY OTHERS, IN SO PRESTIGIOUS A FORUM AS THE SENATE OF THE
UNITED STATES. MAY I TELL YOU WHY AND HOW?
TWO YEARS AGO IN THE STATE OF NEW YORK, INDUSTRY AND LABOR FORMED A
COMMITTEE TO PROVIDE A POSITIVE SOLUTION TO THE SOLID WASTE PROBLEM.
WITH SOFT DRINK AND BEER PACKAGING AMOUNTING TO ONLY 1.4 PERCENT OF
URBAN SOLID WASTE AND USING LESS THAN ONE-HALF OF 1 PERCENT OF THE
NATIONAL ENERGY TOTAL, WE WERE TIRED OF BEING BLAMED FOR THE NATIONAL
SOLID WASTE AND ENERGY PROBLEMS.
WE BROUGHT SOME 83 PERSONS, COMPANIES, UNIONS, AND ASSOCIATIONS
TOGETHER, MANY WITH NATIONAL BREADTH, AND WE DEDICATED OURSELVES TO THE
SOLUTION OF THE WHOLE PROBLEM OF SOLID WASTE, NOT JUST A TINY PART OF
IT.
WE ABANDONED THE DEFENSIVE POSTURE AND STRUCK OUT POSITIVELY FOR A
SYSTEMS APPROACH TO SOLID WASTE MANAGEMENT FOR RESOURCE RECOVERY. WE
THEN PRESENTED OURSELVES AS A WORKING COALITION OF INDUSTRY AND LABOR TO
GOVERNMENT AT THREE LEVELS, STATE, COUNTY, AND CITY.
WE URGED FIRST AN UNDERSTANDING OF WHAT WE HAD TO OFFER IN MANPOWER,
TIME, ENERGY, EXPERTISE, AND BACKUP RESOURCES. WE THEN URGED THE
FORMING OF A TASK FORCE OF INDUSTRY, LABOR, AND GOVERNMENT WITH A
MANDATE FROM THE CONVENING AUTHORITY TO SOLVE THE SOLID WASTE PROBLEM.
I TRULY BELIEVE THAT SIGHS OF RELIEF ARE GOING UP ALL OVER THE STATE.
WE KNOW THERE IS A SOLUTION. THE NEW YORK STATE LEGISLATURE HAS PASSED
AN ENVIRONMENTAL BOND ACT, IT HAS ENABLED MUNICIPALITIES TO ENTER INTO
20-YEAR CONTRACTS AND PASSED OTHER LAWS TO FACILITATE RESOURCE RECOVERY
INSTALLATIONS.
NEW YORK CITY IS RECASTING ITSELF IN A POSITIVE ROLE TO MORE TO
RESOURCE RECOVERY. WE ARE IN THE PRESENT PROCESS OF FORMALIZING THE
TASK FORCE THAT WILL LEAD THE WAY.
THE 30,000 TONS A DAY OF NEW YORK CITY SOLID WASTE ARE A BIG PROBLEM.
THE SOLUTION IS RELATIVELY UNCOMPLICATED. WE CAN TAKE RAW GARBAGE,
SHRED IT, AND SEPARATE IT INTO GLASS, METAL, AND ORGANIC FIBER. THE
GLASS AND METAL ARE SOLD TO INDUSTRY FOR RESUSE AND THE ORGANIC
COMPONENT BECOMES FUEL FOR NEW ENERGY.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 003 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106951
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IN EFFECT, WE ARE GOING TO CREATE A NEW INDUSTRY THAT PROVIDES NEW
JOBS, NEW PROFITS, NEW TAX REVENUES, NEW RESOURCES, AND NEW ENERGY. ONE
THAT DESTROYS NO JOBS, DISRUPTS NO ECONOMY, WASTES NOTHING, POLLUTES
NOTHING, INCONVENIENCES NO ONE.
IN ESSENCE, IT REPLACES NEGATIVISM WITH POSITIVISM AND THE WHOLE JOB
WILL GET DONE FOR THE GOOD OF ALL.
AGAINST SUCH A BACKGROUND, YOU HAVE ASKED ME TO COMMENT UPON THE
BILLS WHICH THIS HEARING HAS BEFORE IT. INSOFAR AS S. 3549 AND S. 3277
FURTHER THE CAUSE OF RESOURCE RECOVERY AND THE REUSE OF MATERIAL AND
ENERGY, OUR ASSOCIATION AND OUR COMMITTEE COULD SUPPORT THEM.
BUT BECAUSE THEY ARE INTERLACED WITH PLANS FOR FURTHER GOVERNMENTAL
RESTRICTION AND CONTROL OF PACKAGING, BECAUSE THEY IMPACT UPON THE VERY
FUTURE OF PACKAGED GOODS IN AMERICA AND THE EMPLOYMENT OF THOSE WHO MAKE
AND USE IT, TO SAY NOTHING OF THE CHOICE AND CONVENIENCE OF THE
CONSUMER, WE MUST URGE THEIR ABANDONMENT BY THIS SUBCOMMITTEE.
NOW WE COME TO THE POSITIVE MOMENT WHICH THE PAST 2 YEARS OF STRIVING
HAVE BROUGHT US TO: THE ACTIVE SUPPORT OF A BILL IN THE U.S. SENATE, S.
3560, WHICH RECOGNIZES THE REAL PROBLEM, PERCEIVES THE POSITIVE
SOLUTION, DEFINES THE FEDERAL AND STATE ROLES, EVOKES COOPERATIVE
GUARANTEES FROM INDUSTRY AND ELIMINATES THE THREAT OF DESTRUCTION TO
INDUSTRY AND LABOR, WHO ARE LEFT FREE TO CONCENTRATE ON GETTING THE JOB
DONE.
S. 3560 IN EFFECT CREATES A NEW, NEEDED, AND CONTINUING INDUSTRY
WHICH HELPS EVERYONE AND HARMS NO ONE. NEW JOBS, NEW PROFITS, NEW TAX
REVENUES, NEW RESOURCES, NEW ENERGY. AND THE SOLUTION: TO SOLID WASTE.
THE NATIONAL SOFT DRINK ASSOCIATION REPRESENTS 1,800 SOFT DRINK
BOTTLERS IN ALL 50 OF THE STATES. THE NEW YORK INDUSTRY-LABOR COMMITTEE
FOR RESOURCE RECOVERY REPRESENTS MEMBERS OF THE SOFT DRINK INDUSTRY, THE
BREWING INDUSTRY, THE IRON, STEEL, AND ALUMINUM INDUSTRIES, THE CAN,
GLASS, PAPER, AND PLASTICS INDUSTRIES, AND THE FOOD STORE INDUSTRY.
UNEQUIVOCALLY, TODAY I CAN ASSURE YOU OF THE FULL SUPPORT OF THAT
WIDE RANGE OF INDUSTRY AND THE EQUALLY WIDE RANGE OF LABOR UNIONS WHICH
PROVIDE ITS EMPLOYEES FOR S. 3560 AND ITS MEANINGFUL AMENDMENTS TO THE
SOLID WASTE DISPOSAL ACT.
WE URGE THE FASTESTPOSSIBLE MOVEMENT OF S. 3560 TOWARD ENACTMENT, ITS
RAPID FUNDING, AND THE EARLIEST POSSIBLE BEGINNING OF THE NATIONAL
SOLUTION IT MOTIVATES.
INDUSTRY AND LABOR ARE READY AND ANXIOUS TO HELP. ADD TO THAT
READINESS THE READINESS AND POWER OF GOVERNMENT AND THERE IS NO PROBLEM
IN THE NATURAL ORDER THAT WE CANNOT SOLVE TOGETHER.
THANK YOU, GENTLEMEN, FORWHAT I HOPE AND PRAY YOU ARE ABOUT TO DO FOR
POSITIVISM AND THE GOOD OF THIS COUNTRY.
SENATOR RANDOLPH. THANK YOU VERY MUCH, MR. MUDD.
WE SHALL COME BACK FOR COLLOQUY AND WE WILL PROCEED WITH YOU, MR.
LEE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 004 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106952
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. LEE. MY NAME IS THOMAS LEE AND I AM PRESIDENT AND GENERAL MANGER
OF WELLSLEE COCA-COLA BOTTLING CO. OF CLARKSBURG, W. VA. OUR COMPANY IS
75 YEARS OLD AND IS STILL OWNED AND MANAGED BY THE ORIGINATING FAMILY.
WE DO APPROXIMATELY 5 MILLION DOLLARS OF BUSINESS EACH YEAR AND
SERVICE AN AREA COMPRISING ABOUT 280,000 PEOPLE. WE SELL 2 MILLION
CASES OF SOFT DRINKS ANNUALLY WITH 40 PERCENT OF OUR PRODUCTS IN
ONE-TRIP CONTAINERS. THE BALACE ARE IN BULK AND/OR RETURNABLE BOTTLES.
I ASSUME THE PURPOSE OF MY APPEARANCE BEFORE THIS SUBCOMMITTEE IS TO
EXPRESS MY OPINION ON CONTAINERS USED IN THE BEVERAGE INDUSTRY. FIRST,
IT IS MY THINKING THAT IT MUST BE DETERMINED JUST HOW SERIOUS IS THIS
ENERGY AND MATERIAL SHORTAGE.
IF IT IS NOT SERIOUS, I SAY LET US CONTINUE ON OUR MERRY WAY BY
SELLING TRILLIONS OF CANS AND DISPOSABLE PACKAGES TO CONSUMERS AND LET
THESE DISCARDED PACKAGES GO TO WASTE.
BUT, IF THIS ENERGY AND MATERIAL THING IS ACTUALLY SERIOUS, THEN I
SAY THE BEVERAGE INDUSTRY AND OTHER PACKAGING INDUSTRIES ARE ON A
COLLISION COURSE WITH DESTINY. THE GLASS PLANTS ARE SHORT ON SODA ASH.
THEY ARE ALSO SHORT OF SILICA. THERE ARE RUMBLES COMING FROM
COUNTRIES THAT PRODUCE BAUXITE AND THEY WANT IN ON THE BONANZA IN THE
FORM OF TAXATION. I DO NOT BELIEVE OUR IRON ORE SUPPLY IS
INEXHAUSTIBLE. WE ALREADY KNOW ABOUT THE FOSSIL ENERGY THING. EVEN IF
OIL AND GAS IS AVAILABLE FROM FOREIGN LANDS, WHERE WILL THE MONEY COME
TO MEET OUR TRADE DEFICIT?
IF THIS ENERGY AND MATERIAL THING IS TRUE, THEN I THINK THE WHOLE
COUNTRY MUST FACE UP TO THAT FACT. THIS MEANS THICKER BLOOD AND COLD
HOUSES IN THE WINTER AND THE WEARING OF KIMONOS DURING THE SUMMER HEAT.
IT IS MY PERSONAL BELIEF THAT THE RESOURCES OF THIS NATION ARE NOT
INEXHAUSTIBLE, AND WE ARE ALL AWARE OF SHORTAGES IN MANY FORMS,
PARTICULARLY PETROLEUM PRODUCTS.
BECAUSE OF THIS CONDITION, IT IS MY VIEW THAT WE NO LONGER CAN AFFORD
THE LUXURY OF WASTING OUR VIRGIN RESOURCES AND MINERALS, FOR TO DO SO
WILL MEAN THAT OUR GENERATION AND CERTAINLY GENERATIONS YET TO COME WILL
SUFFER CRITICALLY.
WE MUST FIND WAYS AND MEANS TO RECAPTURE, RECYCLE, AND REUSE THAT
WHICH IS CURRENTLY AVAILABLE. THE PRACTICE OF RESOURCE BURNING,
BURYING, OR DUMPING AT SEA ARE ALL ILLUSTRATIVE OF A WASTEFUL SOCIETY IN
NEED OF CHANGE.
THE 20,400,000 RETURNABLE BOTTLES MY COMPANY SELLS HAVE A LIFE
EXPECTANCY OF 204 MILLION TRIPS. BUT THE 16,800,000 ONE-WAY BOTTLES AND
CANS MY SMALL COMPANY USES TO MEET CONSUMER AND OUTLET DEMAND ARE
LOSTFOREVER IF WE CANNOT FIND SOME WAY TO RECOVER, RECYCLE, AND REUSE
THOSE MATERIALS, AS WELL AS THE HUNDREDS OF SIMILAR PACKAGING MATERIALS
THAT FLOW THROUGH OUR GROCERY STORES OR OTHER DISTRIBUTION OUTLETS.
S. 3560, THE SOLID WASTE UTILIZATION ACT OF 1974, WILL AID THE
CONSERVATION AND RESUE OF OUR VALUABLE RESOURCES AND I WHOLEHEARTEDLY
ENDORSE IT AND RECOMMEND ITS PASSAGE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 005 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106953
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SENATOR RANDOLPH. THANK YOU, MR. LEE.
WHEN DID YOUR COMPANY WITH YOUR FATHER HEADING IT START SELLING YOUR
SOFT DRINKS IN THE CENTRAL WEST VIRGINIA AREA?
MR. LEE. SIR?
SENATOR RANDOLPH. WHEN DID YOUR FATHER
MR. LEE. 1904.
SENATOR RANDOLPH. I STARTED PURCHASING THOSE PRODUCTS IN 1919. HOW
IS BUSINESS?
MR. LEE. BUSINESS IS REAL GOOD IN WEST VIRGINIA.
SENATOR RANDOLPH. THAT IS GOOD TO HEAR.
MR. LEE. I KNEW YOU WOULD LIKE TO HEAR THAT.
SENATOR RANDOLPH. OUR UNEMPLOYMENT IS NOT WAY, WAY UP OVER THE
NATIONAL AVERAGE, IS IT?
MR. LEE. NO; I WOULD SAY NOT. I THINK THE COAL MINING INDUSTRY HAS
SHOWN SIGNS OF RECOVERY AND IT HAS BEEN HELPFUL.
SENATOR RANDOLPH. MR. LEE, YOU SENT THESE BOTTLES IN TO ME. ONE IS
A NONRETURNABLE AND ONE IS A RETURNABLE. WOULD YOU EXPLAIN THOSE
QUICKLY?
I THINK MANY PERSONS HERE MIGHT LIKE TO JUST HAVE YOU HOLD THEM.
MR. LEE. THE REASON I THOUGHT YOU WOULD BE INTERESTED, THIS BOTTLE I
THINK HAS A DATE ON IT OF 1956. IT HAS BEEN IN CONTINUOUS CRICULATION
IN OUR TRADE AND LORD KNOWS WHERE ELSE IT HAS BEEN.
BUT FROM THE LOOKS OF IT, IT LOOKS TO ME LIKE IT HAS MADE AT LEAST
100 TRIPS OUT TO THE CONSUMER. HERE IS A ONE-WAY BOTTLE THAT IS GOING
TO MAKE ONLY ONE TRIP. SO YOU CAN SEE THERE IS A SIMILARITY OF THE TWO.
(THE FOLLOWING IS A LETTER FROM MR. LEE RELATIVE TO THE PRECEDING
COLLQUY:)
WELLSLEE COCA-COLA BOTTLING CO., CLARKSBURG, W. VA., NOVEMBER 8,
1973.
HON. JENNINGS RANDOLPH, SENATE BUILDING WASHINGTON, D.C.
WITHIN THE NEXT FEW DAYS YOU WILL RECEIVE A PACKAGE WITH OUR SHIPPING
TAG. OPEN IT, IT'S SAFE, I MAILED IT MYSELF.
I TOO, AM ALAMRED OVER THIS SHORTAGE OF FOSSIL FUELS, AND THINK
SOMETHING MUST BE DONE IF OUR PRESENT CIVILIZATION IS TO EXIST.
UPON EXAMINATION OF THE PACKAGE THERE ARE TWO BOTTLES. BOTTLE NUMBER
1 IS WHAT THE INDUSTRY CALLS A "ONE-WAY" BOTTLE. THE BUYER DRINKS THE
CONTENTS AND DESTROYS THE BOTTLE. BOTTLE NUMBER 2 IS A RETURNABLE
BOTTLE, AND JUDGING FROM THE SCARS, THIS BOTTLE HAS MADE AT LEAST 100
TRIPS. LOOK AT THE DATE ON THE SIDE, IT HAS BEEN AROUND SINCE 1953.
THEPOINT I WISH TO BRING TO YOUR ATTENTION, IS THAT IN THE
MANUFACTURING OF THESE TWO BOTTLES, EACH TOOK 2500 DEGREES OF HEAT AND
THE MATERIALS NEEDED ARE RELATIVELY THE SAME.
IF THE SOFT DRINK INDUSTRY WAS TO REVERT BACK TO THE RETURNABLE
BOTTLES, MUCH OF OUR VALUABLE ENERGY WOULD BE CONSERVED.
THOMAS E. LEE, JR., PRESIDENT.
SENATOR RANDOLPH. THANK YOU, MR. LEE. I KNOW YOU, OF COURSE, AND I
KNEU YOUR FATHER BEFORE YOU AND THE MEMBERS OF YOUR FAMILY. WE THOUGHT
IT WAS IMPORTANT TO HAVE A WITNESS COME BEFORE US FROM THIS SMALLER
SEGMENT OF THE INDUSTRY OF WHICH YOU ARE A PART.
THANK YOU VERY, VERY MUCH.
MR. SELLINGER?
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 006 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106954
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. SELLINGER. MR. CHAIRMAN, MEMBERS OF THE PANEL, MY NAME IS FRANK
J. SELLINGER, GROUP VICE PRESIDENT OF ANHEUSER-BUSCH, INC. IN THAT
POSITION I AM RESPONSIBLE FOR THE ENGINEERING OF ALL MAJOR PROJECTS AS
WELL AS THE ACTIVITIES OF THE STANDARDS, PACKAGE ENGINEERING, INDUSTRIAL
ENGINEERING, PURCHASING DEPARTMENTS, AND CAN MANUFACTURING.
AS CHAIRMAN OF THE TECHNICAL COMMITTEE OF THE UNITED STATES BREWERS
ASSOCIATION I SPEAK FOR THAT ASSOCIATION WHICH HAS FOR ITS MEMBERSHIP
BREWERS WHO PRODUCE OVER 90 PERCENT OF THE BEER BRWED IN THE UNITED
STATES.
I THANK YOU FOR THE OPPORTUNITY TO MAKE WHAT I HOPE WILL BE A
POSITIVE CONTRIBUTION TO YOUR CONSIDERATIONS OF SENATE BILLS 3560, 3549,
3277, AND 1086.
IN ADDITION TO MY ORAL PRESENTATION A MORE COMPREHENSIVE STATEMENT
HAS BEEN SUBMITTED. (SEE P. 557.)
WE ARE TESTIGYING TODAY IN SU-PORT OF SENATE BILL 3560 AND IN
OPPOSITION TO SECTION 111 O SENATE BILL 3549.
THE BREWING INDUSTRY SHARES THE CONCERNS OF THE SPONSORS OF THE
INTRODUCED LEGISLATION WHICH IS DESIGNED TO FURTHER THE EFFORTS TO
CONTROL LITTER, SOLID WASTE DISPOSAL, AND RECATPURE ENERGY AND MATERIAL
RESOURCES.
WE DO ENDORSE SENATE BILL 3560 WHICH WE BELIEVE WILL HELP ACHIEVE THE
DESIRED RESULTS OF THE RECOVERY OF MATERIALS AND ENERGY FROM SOLID
WASTE.
THIS RECOVERY WILL REDUCE THE VOLUME OF SOLID WASTE AND EFFECT AN
ENVIRONMENTALLY SAFE DISPOSAL OF SOLID WASTE RESIDUES.
HOWEVER, WE DO NOT BELIEVE IMPOSED RESTRICTIONS OR EVEN PROHIBITIONS,
AS OUTLINED IN SECTION 111 OF SENATE BILL 3549 AND BEING IN THE DOMAIN
OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO IMPOSE,
WILL CONTRIBUTE TO THE SOLUTION OR THE ALLEVIATION OF THE PROBLEMS
DESCRIBED THEREIN.
THE BREWING INDUSTRY IS AND ALWAYS HAS BEEN COMMITTED TO PACKAGING
PRODUCTS IN THE MANNER RESPONSIVE TO THE CONSUMER NEEDS AND DESIRES.
SINCE BREWERS, WHOLESALERS, RETAILERS, AND PACKAGE MANUFACTURERS HAVE
GEARED THEIR OPERATIONS TO THE CONSUMERS' DESIRES, OUR ECONOMIC HEALTH
IS DEPENDENT UPON CERTAIN PACKAGES BEING MARKETED IN THE UNITED STATES.
I BELIEVE THAT ONE WOULD HAVE TO ADMIT THAT THE UNITED STATES HAS THE
MOST EFFICIENT FOOD DISTRIBUTION SYSTEM IN THE WORLD. FOOD IS BROUGHT
TO THE CONSUEMRS IN THE MOST WHOLESOME MANNER IN NONRETURNABLE
CONTAINERS. THIS HELPS BRING FOOD TO THE CONSUMER AT THE LOWEST PFICE
IN THE WHOLE WORLD. WHO COMPETES WITH US?
WE ALL COMPALIN ABOUT INFLATION AND ESPEICALLY ABOUT THE HIGH PRICE
OF FOOD, YET IS IT JUSTIFIED? OUR FOOD PRICES WHEN COMPARED TO INCOME
ARE LOWER THAN IN ANY OTHER COUNTRY AND WHY IS IT? IT IS JUST BECAUSE
WE HAVE THE MOST EFFICIENT MANUFACTURING AND DISTRIBUTION RETAIL SYSTEM.
IT IS A SYSTEM WHICH BRINGS QUALITY PRODUCTS TO THE CONSUMER AT THE
LOWEST PRICE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 007 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106955
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IT CANNOT BE IGNORED THAT PACKAGING IS THE MOST IMPORTANT FACTOR IN
HOLDING DISTRIBUTION COSTS AT A LOW LEVEL.
SO, TOO, THE BREWING INDUSTRY WHICH IS PART OF THE FOOD INDUSTRY HAS
BEEN REQUIRED TO DESIGN ITS MANUFACTURING, PACKAGING, DISTRIBUTION, AND
MARKETING SYSTEMS TO BE COMPATIBLE AND TO CONFORM TO THE ECONOMIC
STATURE OF THE REST OF THE FOOD INDUSTRY.
WE ARE IN COMPETITION WITH OTHER PRODUCTS FOR THE CONSUMER DOLLAR.
TO BE COMPETITIVE WE MUST SEE THAT OUR PRODUCTS ARE SOLD AT A PRICE AT
WHICH THE CONSUMER VIEWS THEM AS WORTH THE PRICE.
WITH YOUR PERMISSION I WILL ATTEMPT TO DEMONSTRATE HOW THE BREWING
INDUSTRY HAS BEEN REQUIRED TO CHANGEDUE TO A CHANGING MARKETPLACE; HOW
WE HAVE USED THE COMPETITVENESS OF VARIOUS PACKAGING SYSTEMS TO AID US
IN BRINGING OUR NATIONALLY ACCEPTED PRODUCT TO OUR CONSUMERS IN VARIOUS
TYPES OF PACKAGES AT THE LOWEST PRICE AND NEVER ELIMINATING THE
CONSUMERS' RIGT TO CHOOSE.
SENATOR, MEMBERS OF THE PANEL, WITH YOUR PERMISSION AND WITH THE
BELIEF THAT A PICTURE IS WORTH A THOUSAND WORDS, I WOULD LIKE TO BRING
SOME DIAGRAMS TO THE ATTENTION OF THE AUDIENCE.
SENATOR RANDOLPH. YES.
MR. SELLINGER. SENATOR, THIS IS A PILOT PLAN OF A BREWERY THAT
ANHEUSER-BUSCH HAS BUILT IN JACKSONVILLE, FLA. THAT PLANT WAS COMPLETED
IN 1969 AT A PRICE OF 60 MILLION DOLLARS. IN THE LAST 3 MONTHS WE HAVE
JUST COMPLETED THE DOUBLING THE SIZE OF THAT AT THE COST OF AN
ADDITIONAL 62 MILLION DOLLARS. SO THERE IS 122 MILLION DOLLARS INVESTED
IN THIS PLANT AT JACKSONVILLE, FLA.
LIKE ALL NEW PLANTS TODAY IT HAS SURROUNDING LAND AVAILABLE AROUND
IT. OF COURSE NOT ALL BREWERIES HAVE THAT HAPPY FACTOR OF HAVING ROOM
FOR EXPANSION.
LET US SHOW YOU WHAT WOULD HAPPEN IF A BREWERY THAT IS DESIGNED TO
MEET THE CONSUMERS' NEEDS AND DESIRES OF TODAY HAD TO OPERATE UNDER A
SYSTEM THAT MAY BE IMPOSED BY THE EPA UNDER THE BILL THAT RESTRICTS
PACKAGING. THE PRESENT JACKSONVILLE PLANT HAS THIS OUTLINE FOR ITS
PACKAGING PLANT.
WE NOW SHOW YOU WHAT THAT PLANT WOULD LOOK LIKE IF WE WOULD DESIGN IT
FOR A RETURNABLE BOTTLE SYSTEM. THE RED LINE IS THE NEW EXPANDED
PACKAGING PLANT. THE PRESENT PACKAGING PLANT CONTAINS 465,000
FT.(NUMBER OMITTED) OF SPACE; THE EXPANDED PLANT WOULD REQUIRE
1,386,500 FT.(NUMBER OMITTED)
WHAT DOES THAT INCUR? THAT WOULD INCUR AN EXPENDITURE OF 81 MILLION
DOLLARS TO GO FROM A SYSTEM THAT PRODUCES 5 MILLION BARRELS OF BEER IN
ITS NORMAL PACKAGING MIX TODAY, CANS, RETURNABLE BOTTLES, AND
NONRETURNABLE BOTTLES. WHY IS THAT?
SENATOR DOMENICI. 5 MILLION BARRELS PER WHAT?
MR. SELLINGER. PER YEAR. THAT AMOUNTS TO APPROXIMATELY 100,000
BARRELS A WEEK OR 18,000 BARRELS-PLUS PER DAY.
THE MAIN REASON A PLANT WOULD HAVE TO BE EXPANDED IS, FIRST, OUR
BOTTLE LINES ARE NOT AS FAST IN PRODUCTION AS OUR CAN LINES NOR DO THEY
HAVE THE SAME EFFICIENCY BECAUSE BOTTLES BREAK WHERE CANS DO NOT. IN
ORDER TO PRODUCE THE SAME VOLUME OF PRODUCT WE WOULD INSTALL FIVE
ADDITIONAL BOTTLING LINES AT A PRICE OF 8 MILLION DOLLARS EACH OR 40
MILLION DOLLARS.
THE SECOND MAIN ITEM IS THAT IN PACKAGING CANS AND NONRETURNABLE
BOTTLES WE CAN REGULATE THE FLOW OF THE CONTAINERS FROM THE MANUFACTURER
TO THE BREWER. FOR EXAMPLE, WE HAVE ON HAND AT ANY ONE TIME 3 HOURS
SUPPLY OF EMPTY CANS. IN THE CASE OF NONRETURNABLE BOTTLES, WE CARRY
THREE SHIFTS OF EMPTY BOTTLES IN INVENTORY.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 008 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106956
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IN THE PRESENT PLANT THAT YOU SEE OUTLINED IN BLUE WE ALSO HAVE
FACILITIES FOR RETURNABLE BOTTLES. WE MUST KEEP A 3-WEEK SUPPLY OF
BOTTLES ON HAND. YOU MIGHT ASK WHY IS THAT? THAT IS BECAUSE WE CAN'T
REGULATE THE FLOW.
HOW MANY OF US IN OUR GARAGES AT HOME HAVE THREE AND FOUR CASES OF
EITHER EMPTY BEER BOTTLES OR SOFT DRINK BOTTLES ON HAND? WE TAKE THEM
BACK WHEN WE WANT TO TAKE THEM BACK, NOT WHEN THE BREWER OR THE SOFT
DRINK BOTTLER NEEDS THEM.
THERE IS ALSO A MATTER OF FLOW. IN THE SUMMERTIME BOTTLES DO TURN
OVER PRETTY REGUARLY. OUR STORAGE AREAS IN THE PLANT ARE FILLED. IN
THE WINTERTIME WHEN BOTTLES DO NOT FLOW REGULARLY, WHEN PEOPLE ARE NOT
CONSUMING AS MUCH AND NOT BRINGING THEIR BOTTLES BACK REGULARLY THAT
AREA IS THEN DEPLETE.
SO IN THE DESIGN OF A BREWERY DEPENDING ON THE PROPOSED MIX FOR THE
MARKETING AREA TO BE SERVICED WE PROVIDE A SPACE OF 3 WEEKS SUPPLY OF
BOTTLES OF THE RETURNABLE TYPE.
THAT IS INCLUDED IN A DESIGN FEATURE. FOR INSTANCE, WE ARE NOW
BUILDING A BREWERY IN FAIRFIELD, CALIF. BECUASE OF THE OREGON LAW, WE
WILL HAVE TO PRODUCE MORE RETURNABLE BOTTLES AND HENCE PROVIDE A LARGER
AREA IN THAT BREWERY FOR RETURNABLE BOTTLES BECAUSE THE MARKETPLACE IS
NOW USING A HIGHER PERCENTAGE OF RETURNABLE BOTTLES IN THE OREGON
MARKET.
WHAT DOES A BREWERY PACKAGING PLANT LOOK LIKE? THESE OUTLINES
INDICATE THE MACHINES ON THE PRODUCTION LINES THAT DO THE PACKAGING FOR
US.
THIS PARTICULAR PLANT HAPPENS TO HAVE THREE CAN LINES IN IT, ONE
NONRETURNABLE LINE AND ONE RETURNABLE. GENTLEMEN, REMEMBER WE DO PUT IN
EQUIPMENT TO RUN RETURNABLE BOTTLES BECAUSE THE CONSUMER IS OUR BOSS.
IF HE WANTS RETURNABLE BOTTLES WE WILL GIVE HIM RETURNABLE BOTTLES.
WE WILL GIVE HIM ANY CONTAINER HE INDICATES HE WILL BUY BECAUSE WE
ARE IN THE BUSINESS OF SELLING BEER, NOR PACKAGES.
SENATOR RANDOLPH. MR. SELLINGER, AT THAT POINT DOES THE CONSUMER PAY
A HIGHER PRICE FOR THE CONVENIENCE OF CONTAINERS THAT HE CAN HAVE AS A
THROWAWAY? THERE HAVE BEEN SOME ADVERTISEMENTS THAT I HAVE NOTED IN
WASHINGTON, D.C., PERHAPS IN OTHER CITIES, THAT INDICATE THAT LARGE
RETURNABLE SOFT DRINK PURCHASES ARE CHEAPER.
MR. SELLINGER. I AM NOT KNOWLEDGEABLE OF THE SOFT DRINK INDUSTRY,
SENATOR, BUT I WILL SAY THIS, THAT IN THE BREWING BUSINESS I THINK YOU
HAVE TO LOOK AT TWO DIFFERENT SEGMENTS OF OUR BUSINESS. ONE IS KNOWN AS
THE ON-PREMISE SYSTEM AND ONE IS THE OFF-PREMISE SYSTEM.
THE ON-PREMISE SYSTEM USES THE RETURNABLE BOTTLE AND THE OFF-PREMISE
SYSTEM USES THE CAN OR THE NORETURNABLE. OVER TIME, AND I WILL TRY TO
GET TO THAT SUBJECT THROUGH THIS DISPLAY OF MERCHANDISE THAT I HAVE
HERE, WE HAVE REALLY SUBSIDIZED THE PRICE OF RETURNABLE BOTTLES THROUGH
THE EFFICIENCY OF DISTRIBUTION, FILLING AND MANUFACTURING OF CANS AND
NONRETURNABLES.
LET ME GIVE YOU AN EXAMPLE OF HOW THAT COMES ABOUT. LET US SUPPOSE
THAT GRAIN AND LABOR COSTS DEMAND THAT WE THE BREWER INCREASE THE PRICE
OF BEER 3 CENTS A CASE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 009 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106957
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IN THE CASE OF NON RETURNABLE CONTAINERS, THE WHOLESALER WHO DOES THE
DISTIRBUTION AND THE RETAILER MAY ADD 2 MORE CENTS TO THE BREWER
INCREASE AND THE CONSUMER THEN IS ASKED TO PAY 5 CENTS A CASE MORE FOR
THE TOTAL INCREASE.
LET'S SEE WHAT HAPPENS IF YOU RAISE THE PRICE OF BEER OF 3 CENTS TO A
TAVERN OWNER ON A COCKTAIL BAR. THAT 3 CENTS EITHER WILL BE ABSORBED OR
HE MAY INCREASE THE PRICE OF A BOTTLE OF BEER 5 CENTS. OVER TIME, MANY
TIMES WHEN WE RAISE THE PRICE OF CANNED BEER AND NONRETURNABLES WE WILL
NOT RAISE THE PRICE OF RETURNABLES BECAUSE WE DON'T WANT THAT ONE
CONTAINER TO GO UP 5 CENTS A BOTTLE WHEN THE TOTAL INCREASE BY
MANUFACTURER AND DISTRIBUTOR COULD BE LESS THAN 5 CENTS A CASE.
THE NEXT ITEM IS THIS: LET'S SUPPOSE THAT A WHOLESALER HAS 600 CASES
OF BEER ON HIS TRUCK. THAT TRUCKLOAD MAY BE COMPOSED OF 300 CASES OF
CANS, 200 CASES OF NONRETURNABLE BOTTLES AND 100 CASES OF RETURNABLES.
THAT IS A FULL LOAD FOR THAT TRUCK AND CAN BE DELIVERED IN A DAY BY A
DRIVER-SALESMAN. THE WHOLESALER WILL HAVE A UNIFORM MARKUP FOR EACH
PACKAGE.
HOWEVER, IF HE ONLY HAD RETURNABLE BOTTLES ON THE TRUCK THERE IS NO
WAY A DRIVER-SALESMAN AND A HELPER CAN DELIVER 600 CASES OF RETURNABLE
BOTTLES IN 1 DAY. SO IF HE HAD NOTHING ELSE BUT RETURNABLES ON THE
TRUCK HIS MARKUP WOULD BE MORE THAN DOUBLE THE PRESENT MARKUP, AS LESS
THAN 250 CASES OF RETURNABLES WOULD BE DELIVERED BY THE DRIVER-SALESMAN
AND HELPER IN 1 DAY.
I KNOW THAT IS KIND OF CONFUSING, BUT IT SHOWS THAT THE EFFICIENCIES
OF CANS AND NONRETURNABLES IN THE DISTRIBUTION FIELD HAS SUBSIDIZED THE
RETURNABLE BOTTLES. THE CASE OF RETURNABLE BOTTLES HAS NOT GOTTEN ITS
TRUE COSTS OF DISTRIBUTION BECAUSE IT GOES ALONG FOR THE FREE RIDE, DUE
TO THE EFFICIENCY OF DELIVERING NONRETURNABLE PACKAGES.
WE WERE SO POSITIVE IN OUR STATEMENTS THAT WE WERE QUESTIONED BY DR.
STRUASER IN NEW YORK WHETHER WE COULD PROVE THE STATEMENT THAT
NONRETURNABLE CONTAINERS PRESENTLY SUBSIDIZE THE DISTRIBUTION OF
RETURNABLE CONTAINERS.
AS YOU KNOW DR. STRAUSER IS THE FINANCIAL ADVISER FOR THE NEW YORK
POLLUTION CONTROL BOARD. HE ASKED ME WHETHER I COULD PROVE THAT FACT,
WHEN I MADE THAT STATEMENT AT A HEARING IN NEW YORK.
WE PROVED IT TO HIS SATISFACTION AND IN THE LAST 3 WEEKS HE HAS COME
OUT AND SAID THAT HE WAS WRONG IN EVER BEING IN FAVOR OF A PROHIBITION
OF NONRETURNABLE BOTTLES AND CANS.
HE NOW SAYS THAT THE PROHIBITION OF THE USE OF CANS AND NONRETURNABLE
BOTTLES WILL NOT SOLVE THE LITTER PROBLEM AND IT WILL ONLY RESULT IN ONE
THING: THAT THE PRICE OF BEER WILL HAVE TO GO UP TO THE CONSUMER IF
IT'S ONLY PACKAGED IN RETURNABLE CONTAINERS.
WE HAVE THAT PROOF IN THE STATE OF OREGON. WE FORETOLD THAT THE
PRICE OF BEER WOULD GO UP IN OREGON. WE TOLD IT WOULD GO UP 68 CENTS A
CASE.
LET ME TELL YOU, GENTLEMEN, IT WENT UP 68 CENTS A CASE IN THE STATE
OF OREGON.
PREVIOUSLY I SHOWED WHAT OUR PRESENT PACKAGING PLANT AT JACKSONVILLE
THAT PRODUCES 5 MILLION BARRELS OF BEER PER YEAR WITH A MIX OF MARKET
DEMAND OF CANS AND NONRETURNABLE BOTTLES AND RETURNABLE BOTTLES LOOKED
LIKE.
LET ME SHOW YOU WHAT IT WOULD LOOK LIKE IF IT WERE A PLANT BUILT FOR
A RETURNABLE BOTTLE SYSTEM. THIS IS FOUR FOOTBALL FIELDS IN LENGTH AND
THREE FOOTBALL FIELDS IN WIDTH. WHAT IS THIS EXTRA SPACE MAINLY NEEDED
FOR?
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 010 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106958
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
EVERY ONE OF THESE SECTIONS WHERE THE LETTERS RB ARE PRINTED, WOULD
BE REQUIRED FOR RETURNABLE BOTTLE STORAGE. WE CAN'T LIVE WITH THIS
SYSTEM OF RETURNABLE BOTTLES, NOT AND SELL BEER AT THE SAME PRICE THAT
WE ARE SELLING IT TODAY.
OUR PLANTS ARE GEARED FOR A NONRETURNABLE SYSTEM IN THE MAIN. A
CERTAIN SECTION OF THE MARKETPLACE, THE ON PREMISE SYSTEM, WE DO OFFER,
AND WE SELL RETURNABLE BOTTLES TO THAT SYSTEM. BUT FOR AN OFFPREMISE
SYSTEM THERE IS NO WAY THAT THIS INDUSTRY AND THE SOFT DRINK INDUSTRY
CAN RETURN TO THE RETURNA0LE SYSTEM.
THROUGH THESE EXHIBITS I AM GOING TO SHOW YOU WHAT HAS BEEN
ACCOMPLISHED IN COMPETITIVE PACKAGING.
I OFTEN READ IN THE NEWSPAPER THAT THE FEDERAL TRADE COMMISSION IS
SUING A COMPANY FOR MONOPOLSY. I WONDER IF SOME OF THE LEGISLATIVE
BODIES EVER REALIZED THAT IF YOU ELIMINATE CANS YOU ARE GOING TO PUT THE
WHOLE BREWING AND SOFT DRINK INDUSTRY AT THE MERCY OF THE BOTTLE
INDUSTRY. TALK ABOUT A MONOPOLY?
WE ARE IN A COMPETITIVE INDUSTRY AND WE MAKE SURE THAT OUR SUPPLIERS
ARE IN A COMPETITIVE STANCE ALSO.
LET ME SHOW YOU WHAT WE HAVE ACCOMPLISHED OVER THE TIME.
IT WASN'T MANY YEARS AGO WHEN A CASE OF BEER WAS DELIVERED TO A
TAVERN LIKE THIS. FIFTY-TWO POUNDS OF PACKAGING. IT WAS FINE WHEN IT
WAS GOING TO GO TO THE TAVERN. BUT HOW MANY OF US WOULD LIKE TO CARRY
OUR BEER FROM THE PACKAGE STORE, EITHER OURSELVES OR OUR FAMILY, IN A
CONTAINER LIKE THIS? BELIEVE ME, GENTLEMEN, I DELIVERED BEER LIKE THIS
IN 1946.
YOU KNOW HOW MANY CASES THE TRUCKDRIVER AND HIS HELPER IN THOSE DAYS
COULD DELIVER OF THIS PER DAY? ONE HUNDRED AND TWENTY-FIVE CASES. HE
SPENT TIME IN THE BACKROOM PICKING UP BOTTLES AND PUTTING THEM IN THE
CASE.
WHEN YOU PAID DRIVER-SALESMEN 1 DOLLAR AN HOUR AND PAID HELPERS 50
CENTS AN HOUR, YOU COULD ALLOW THEM TO SPEND A HALF HOUR IN THE BACKROOM
OF THE TAVERN PICKING UP BOTTLES AND PUTTING THEM IN CASES. BUT WHEN
YOU ARE PAYING DRIVER-SALESMEN CLOSE TO 8 OR 9 DOLLARS AN HOUR, THERE IS
NO WAY ECONOMICALLY THAT YOU CAN ALLOW ALL OF OUR CONTAINERS TO BE PUT
IN RETURNABLE FORM. WHAT HAVE WE DONE?
SENATOR DOMENICI. HOW MUCH DID THAT BOTTLE OF BEER COST THE TAVERN?
MR. SELLINGER. PROBABLY 1 DOLLAR A CASE. SINCE THAT TIME WE HAVE
HAD A LOT OF INCREASES IN TAXES. NOW WE ARE UP TO 9 DOLLARS PER BARREL
IN FEDERAL TAXES ALONE, PLUS STATE TAXES TOO.
ONE OF THE FIRST INNOVATIONS THAT CAME AFTER WORLD WAR II WAS THE
GREATER USE OF A CORRUGATED BOX, THEN THERE WAS WORK DONE BY THE GLASS
INDUSTRY TO REDUCE THAT BOTTLE WHICH WEIGHED 16 OUNCES A GLASS TO ONE
WHICH WEIGHS 101/2 OUNCES. THIS IS THE BOTTLE WE ARE USING TODAY FOR
ONPREMISE.
I KNOW THERE IS ALWAYS A QUESTION ABOUT HOW MANY TRIPS DOES A BOTTLE
MAKE. I PARTICULARLY BROUGHT A SCORED BOTTLE WITH ME TODAY TO SHOW YOU
THAT THIS BOTTLE HAS PROBABLY BEEN USED 50 TIMES.
SENATOR RANDOLPH. MR. LEE SAID THIS BOTTLE HAS BEEN USED 100 TIMES.
MR. SELLINGER. USUALLY THEY HAVE A DATE ON THE BOTTOM OF THE BOTTLE.
YOU CAN READ THAT DATE. IT APPEARS IT MIGHT HAVE BEEN PRODUCED IN 1963
OR 1964. HOW MANY TRIPS IT HAS MADE I DON'T KNOW. BUT IT COSTS A LOT
OF MONEY AND IT IS HEAVY BECAUSE IT HAS TO BE A SAFE CONTAINER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 011 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106959
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
WE CAN'T TELL HOW MANY TIMES IT HAS B-EN USED OR HOW IT HAS BEEN
ABUSED. THEREFORE, THE WEIGHT IS ON THE HEAVY SIDE.
AFTER WORLD WAR II THERE WAS A TREND TOWARD MORE CONVENIENT
PACKAGING.
SENATOR DOMENICI. I WANT TO TELL YOU THAT THE CHAIRMAN HAS TO LEAVE
IN 7 MINUTES.
SENATOR RANDOLPH. HOW MANY BEER COMPANIES ARE THERE IN THE COUNTRY?
MR. SELLINGER. I THINK THERE MAY BE 75 BEER COMPANIES WITH ABOUT
125, 130 PLANTS.
SENATOR RANDOLPH. A LESSER NUMBER THAN IN EARLIER DAYS?
MR. SELLINGER. ABSOLUTELY. LARGER SIZE PLANTS ARE NEEDED FOR
EFFICIENCY'S SAKE.
SENATOR RANDOLPH. WE HAD SEVERAL IN WEST VIRGINIA THAT NO LONGER
EXIST.
MR. SELLINGER. WE SELL A LOT OF BEER THERE, SENATOR, AND WE
CONTRIBUTE A LOT TO THE STATE OF WEST VIRGINIA IN EXCISE TAXES. I THINK
THE BEER BUSINESS BRINGS ABOUT 5 MILLION DOLLARS A YEAR OF EXCISE TAXES
TO THE STATE.
SENATOR RANDOLPH. YOU DON'T SELL MUCH, THOUGH, IN NEW MEXICO?
MR. SELLINGER. WE DO OUR SHARE.
SENATOR DOMENICI. COORS IS BIG THERE.
MR. SELLINGER. WE ONLY SELL ABOUT THREE TIMES AS MUCH AS COORS DOES.
SO I THINK WE ARE IN GOOD SHAPE.
I WANT TO SHOW YOU WHAT COMPETITION IS ABLE TO ACCOMPLISH. HERE ARE
THE BEER CANS THAT WERE FIRST DEVELOPED IN THE THIRTIES, 1933, 1934,
1935. YOU REALLY NEED TIN SHEARS TO GO THROUGH THIS FOR THE PLATE IS
HEAVY.
IT WAS 95-POUND PLATE, IN THE SIDES, 103 POUNDS IN THE LID. WE
HELPED TO INTRODUCE ALUMINUM INTO THE PICTURE AS A MATERIAL FOR CAN
MANUFACTURING AS A COMPETITOR MATERIAL TO TIN PLATE.
THE FIRST ALUMINUM CANS WEIGHED 55 POUNDS PER 1,000. BUT IT WAS
COMPETITIVE. THAT WOKE UP THE STEEL INDUSTRY. WE THEN STARTED TO
RECEIVE A LIGHTER WEIGHT CAN AND IT CONTAINED 55-POUND PLATE. WE WENT
FROM TIN PLAT TO TINE FREE STEEL; WE WENT FROM SOLDERING THE SIDE SEAMS
TO WELDING THE SIDE SEAMS AND SOME USING A PLASTIC BONDING MATERIAL.
THAT THEN REQUIRED THE ALUMINUM INDUSTRY TO DO SOMETHING.
SENATOR RANDOLPH. WHO WAS THE PUSHER IN THIS PROGRAM? WERE YOU.
MR. SELLINGER?
MR. SELLINGER. YES, I WAS.
SENATOR RANDOLPH. I KNEW THAT.
MR. SELLINGER. I GUESS I HAVE ONE DESIRE ALWAYS: TO BRING OUR
PRODUCT TO THE CONSUMER AT THE LOWEST PRICE WE KNOW HOW, AND STILL MAKE
A PROFIT. WE HAVE TO MAKE A PROFIT TO EXIST. BUT WE WANT TO MAKE SURE
THAT HE, THE CONSUMER, IS GETTING QUALITY AT THE RIGHT PRICE BECAUSE IF
HE DETERMINES IT IS TOO HIGH A PRICE HE IS NOT GOING TO USE OUR
PRODUCTS.
LET ME SHOW YOU WHEN HE DETERMINED IT WASN'T THE RIGHT PRICE. WHEN
MICHELOB FIRST CAME OUT IT CAME OUT IN THIS BEAUTIFUL BUD VASE. THEY
BOUGHT ONE BOTTLE AND THEY SAID. "IT IS GOOD BEER, BUT IT 'AIN'T' WORTH
IT."
THROUGH A LITTLE EFFORT OF MY OWN AND OTHERS AT ANHEUSER-BUSCH, WE
CONVINCED MR. BUSCH THAT IF WE WENT OUT WITH THIS BOTTLE WE COULD REDUCE
THE COST OF A CASE OF MICHELOB BEER 1 DOLLAR A CASE AND THEN PERHAPS THE
CONSUMER WOULD BUY MORE OF IT. SINCE THEN WE HAVE DEVELOPED
ANOTHERMICHELOB BOTTLE, WE HAVE REDUCED THE WEIGHT AGAIN AND EACH TIME
WE ABSORB NEW COST INCREASES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 012 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106960
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IT IS COMPETITION THAT MAKES US DO THAT.
SENATOR DOMENICI. WHO MAKES THE BOTTLES FOR YOU?
MR. SELLINGER. WE BUY GLASS FROM EVERY COMPANY THAT MAKES BEER
BOTTLES.
SENATOR DOMENICI. SOME STATEMENT YOU MADE BOTHERED ME. YOU SAID
SOMETHING ABOUT COORS BEER. DO YOU MEAN YOU SELL THREE TIMES AS MUCH
BUDWEISER IN NEW MEXICO?
MR. SELLINGER. NO. IN THE COUNTRY.
SENATOR DOMENICI. THEY ONLY HAVE ONE PLANT, DON'T THEY?
MR. SELLINGER. THAT IS RIGHT. THEIR ONE PLANT IS COMPARABLE TO OUR
ONE PLANT IN ST. LOUIS. WE DO HAVE EIGHT PLANTS. I GUESS WE HAVE TAKEN
THE RISK OF BUILDING NEW BREWERIES.
SENATOR DOMENICI. I AM JUST KIDDING YOU. GO AHEAD.
MR. SELLINGER. BY RESHAPING CANS WE CAN TAKE WEIGHT OUT OF ALUMINUM
CANS. HERE IS A CAN THAT WEIGHS 39 POUNDS PER THOUSAND. HERE IS ONE
THAT WEIGHS 34 AND HERE IS ONE THAT WEIGHS 28. OUR FRIED. COORS, HAVE
GOTTEN THEIR CAN DOWN TO 26. WHAT HAVE THEY DONE? THEY HAVE USED LESS
METAL IN THE DIAMETER AND STRETCHED IT OUT FURTHER.
THEREFORE, THEY HAVE GONE US ONE BETTER. WE RECOGNIZE THIS. THIS
CAN COSTS LESS THAN THIS. THEY BOTH ARE 12-OUNCE CANS. THERE IS LESS
ALUMINUM IN THE COORS CAN THAN IN THE BUDWEISER CAN. WE TAKE OUR HATS
OFF TO THEM. THEY HAVE DEVELOPED SOMETHING WE DON'T HAVE AT THIS TIME.
MR. STROH, WHO IS GOING TO BEON THE PANEL NEXT, HAS DECIDED TO GO TO
A STEEL CAN OF THIS DIMENSION. WHY? BECAUSE THAT STEEL CAN HAS LESS
STEEL IN IT THAN THE BUDWEISER STEEL CAN.
WHAT IS ALL THIS FOR? TO PUT THE COMPETITIVE PRESSURE ON OUR
SUPPLIERS.
WHAT HAVE WE DONE IN GLASS?
THIS USED TO BE THE FIRST TYPE OF NONRETURNABLE BOTTLE. IT WEIGHED 8
OUNCES. IT WASN'T COMPETITIVE WITH WHAT WAS GOING ON IN THE CAN
INDUSTRY. WE WENT TO A NEW DESIGN AND THIS BOTTLE WEIGHS 7 1/2 OUNCES.
THEN WE HAVE ONE A 7. NOW WE HAVE ONE AT 6 1/4.
IF WE FOLLOW THROUGH WITH A GERMAN PROCESS, HERE IS ONE OF THE
BOTTLES, IT WILL WEIGH 5.9 OUNCES. YET, IT IS THE SAME SHAPE AND HAS
THE SAME CAPACITY -- FULFILLS THE SAME PURPOSE.
WHAT DOES THAT COMPETITIVE PRESSURE DO? TAKE IT AWAY FROM US AND WE
WILL HAVE STAGNATION IN OUR INDUSTRY.
WHAT ELSE HAVE WE DONE IN PACKAGING?
SENATOR DOMENICI. DO YOU IMPROVE THE BEER AS MUCH AS YOU DO THE CAN?
MR. SELLINGER. THE BEER IS ALWAYS OF THE HIGHEST QUALITY. OTHEWISE,
YOU DON'T SELL35 MILLION BARRELS. THAT IS WHAT WE ARE GOING TO SELL
THIS YEAR. THE PEOPLE MUST SAY IT IS WORTH IT, OTHERWISE, THEY WOULDN'T
BUY IT.
WHEN CANS FIRST CAME OUT IT WAS WRAPPED IN PAPER LIKE THIS. PAPER
BECAME TOO DARNED EXPENSIVE. THEN WE WENT TO WHAT WAS CALLED THE BIKINI
CARRIER BECAUSE THERE WAS LESS PAPER IN IT.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 013 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106961
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THEN ANHEUSER-BUSCH PUT PRESSURE ON THE PAPER INDUSTRY BY DEVELOPING
THIS LITTLE PLASTIC CARRIER WITH A HANDLE.
SENATOR DOMENICI. THAT IS THE STREAKER.
MR. SELLINGER. THIS IS WHAT THE MARKETING GROUP SAID THE CONSUMER
HAD TO HAVE. WE SAID, "BALONEY, HERE IS A CARRIER THAT YOU CAN PICK UP
WITHOUT A HANDLE." SENATOR DOMENICI, THIS PLASTIC CARRIER COST
EIGHT-TENTHS OF 1 CENT. THIS PAPER CARRIER COST 3.5 CENTS. YOU HAVE
OFTEN PICKED UP YOUR SOFT DRINK IN PACKAGES LIKE THAT. WE HAVE
DEVELOPED SOMETHING THAT WAS CHEAPER THAN THAT. IT PROTECTS THE BEER
COMPLETELY, BUT WE WRAP IT AROUND AND WE SAVE PAPER. WHY DO WE DO IT?
SO THAT THE COMBINATION OF 6 NONRETURNABLE LIGHTWEIGHT BOTTLES, THAT
PAPER CARRIER AND THIS TRAY DOEN'T COST ANY MORE THAN THIS CARRIER, 24
CANS WITH 4 OF THE PLASTIC CARRIERS.
NOW WE HAVE COMPETITION. ARE WE EVER SATISFIEDL? NO. THIS COMPANY
HAPPENS TO BE THE SOLE MANUFACTURER OF THE PLASTIC CARRIER. WE SAID,
"HEY, YOU ARE CHARGING US TOO MUCH FOR THAT. WE KNOW WHAT THAT SHOULD
COST US."
SO WE WENT TO A SHRINK FILM TO PACKAGE 6 CANS. WHAT DID THAT DO?
THAT ONLY BROUGHT THIS DOWN FROM 1.8 CENTS TO NINE-TENTHS OF 1 CENT.
WHY? COMPETITION. WHAT ARE WE DOING TODAY?
WE SEE THE PRICE OF METALS GOING UP. WE SEE ALL COSTS INCREASING.
WE ARE EXPERIMENTING WITH A PAPER CAN. BUT GENTLEMEN, DON'T STAGNATE US
AND TELL US TO GO BACK TO A SYSTEM OF COMPLETELY RETURNABLE BOTTLES. WE
ARE NOT SET UP FOR THAT. WE ARE SET UP TO DO A JOB OF MANUFACTURING AND
DISTRIBUTION, TO BRING OUR PRODUCT TO THE CONSUMER AT THE LOWEST PRICE
POSSIBLE AND STILL MAKE A PROFIT. I THINK WE HAVE DONE A HELL OF A JOB.
WHY DO WE DO ALL THESE THING? FOR ONE PURPOSE TO KEEP THE PRICE DOWN
TO THE CONSUMER. WE ARE IN A COMPETITIVE BUSINESS AND I MEAN A REAL
TOUGH COMPETITIVE BUSINESS. WE WANT OUR SUPPLIERS TO BE IN A
COMPETITIVE SITUATION, TOO.
ONLY BY HAVING THE OPPORTUNITY TO USE EITHER RETURNABLES OR
NONRETURNABLES, BOTTLES OR CANS AND HOEPFULLY SOME DAY TO BRING PAPER
INTO THE PICTURE CAN WE ACHIEVE OUR AIMS. WE HAVE LOOKED AT PLASTIC
CONTAINERS TOO AND RIGHT NOW THEY ARE NOT COMPETITIVE.
WE WILL STAY IN PACKAGES THAT WE THINK GIVE THE CONSUMER A GOOD
BENEFIT AND ONE OTHER ITEM, HE HETS THE RIGHT TO MAKE A CHOICE. HE
MAKES THE CHOICE. WE DON'T TELL HIM, "YOU HAVE TO TAKE IT THIS WAY."
WE HAVE PUT RETURNABLE BOTTLES IN SIX-PACK CARRIERS, BUT THE PEOPLE
DON'T WANT THEM. THEY WANT A CONVENIENT PACKAGE. THAT IS WHAT WE HAVE
DONE, GIVEN THE CONSUMER A CHOICE.
THANK YOU VERY MUCH.
SENATOR DOMENICI (PRESIDING). I THINK WE AGREED TO PROCEED THROUGH
THE PANEL BEFORE WE ASKED QUESTIONS. BUT I WOULD LIKE TO ASK YOU ONE
QUESION ABOUT MERCHANDISING. I AM REALLY NOT TRYING TO IMPOSE MY
THOUGHTS ABOUT THIS ON YOU. OUR JOB IS TO LEGISLATE. BUT YOU STRESSED
THE POINT THAT YOU GIVE THE CONSUMER WHAT HE WANTS.
IS IT FAIR TO ASSUME THAT YOUR ADVERTISING PROGRAMS, YOURS AND ALL
OTHERS LIKE YOURS HAS SOMETHING TO DO WITH WHAT THE CONSUMER WANTS?
MR. SELLINGER. YOU WATCH OR SEE ANHEUSER-BUSCH ADVERTISING. THE ADS
WILL ADVERTISE THE RETURNABLE BOTTLE MORE FREQUENTLY THAN THE CAN OR THE
NONRETURNABLE. PART OF THAT, I GUESS, IS MR. BUSCH, JR., WHO IS THE
CHAIRMAN OF THE BOARD AND PRESIDENT OF ANHEUSER-BUSCH. HE IS 75 YEARS
OLD AND I GUESS HE KIND OF CATERS TO THE RETURNABLE BOTTLE. IT WAS
SOMETHING THAT HE GREW UP WITH AND A LOT OF OUR ADS HAVE TO HAVE
RETURNABLE BOTTLES IN THEM.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 014 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106962
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SO WE ARE NOT NEGLECTING THE RETURNABLE BOTTLE IN MANY OF OUR
ADVERTISINGS.
THE FACT THAT WE MAKE THE RETURNABLE BOTTLE AVAILABLE TO 951
WHOLESALERS THROUGHOUT THE UNITED STATES PROVES THAT WE ARE THERE FOR
ONE REASON AND ONE REASON ALONE, TO OFFER THE BEER IN THE PACKAGE THE
WAY THE CONSUMER WANTS IT.
SENATOR DOMENICI. I HAVE ONE FURTHER QUESTION. AGAIN, I JUST WOULD
LIKE YOUR FEELING ON THIS. I AM NOT TRYING TO TELL YOU HOW TO RUN YOUR
BUSINESS. BUT YOU HAVE GONE THROUGH EXPLAINING THE VARIOUS CONTAINERS
AND THE DEVELOPMENT OF THEM. YOU HAVE ALSO STRESSED MARKETING. OF
COURSE, THAT INVOLVES CONVENIENCE AND OTHER ASPECTS THAT ARE A PART OF
MARKETING.
NOT SPEAKING OF RETURNABLES NOW, ALL THE OTHERS, THE DISPOSABLE, IS
ANY ANALYSIS MADE OF THE DIFFICULTY IN THE SOLID WASTE DISPOSAL OF ANY
OF THE PRODUCTS AS YOU LOOK THROUGH ALTERNATIVES?
MR. SELLINGER. I THINK, SENATOR, MR. MUDD REFERRED TO THE NATIONAL
CENTER FOR RESOURCE RECOVERY, ANHEUSER-BUSCH IS A MEMBER OF THE U.S.
BREWERS ASSOCIATION. I THINK IT WAS THROUGH THEIR CATALYTIC WORK THAT
THE GROUP WAS FIRST GATHERED TOGEHTER TO DEMONSTRATE THAT THE BEVERAGE
INDUSTRY, BREWING AS WELL AS SOFT DRINKS, HAD A DUTY TO PERFORM. THAT
WAS TO SOLVE THE PROBLEM OF SOLID WASTE, NOT ONLY OUR OWN BUT ALL SOLID
WASTE PROBLEMS.
SENATOR DOMENICI. LET ME GIVE YOU A HYPOTHETICAL. IT IS PROBABLY
JUST THAT, PROBABLY NOT POSSIBLE. BUT NONETHELESS, IT IS HYPOTHETICAL.
ASSUME YOU HAVE COME UP WITH A STAGE OF DEVELOPMENT WITH TWO
AVAILABLE CONTAINERS, THIS ONE HERE WAS THE ALUMINUM AND THEREFORE
RECOVERABLE AND REUSABLE AND THIS ONE WAS CHEAPER, BUT WAS NOT UNDER ANY
CIRCUMSTANCES REUSABLE.
JUST IN THE PROCESS OF CONSIDERING WHICH YOU MIGHT PROMOTE, OR USE,
WOULD YOU CONSIDER THE REUSE FACTOR ASIDE FROM THE ECONOMICS VERSUS THE
SOLID WASTE AND THROWAWAY PROBLEMS THAT THIS BRINGS? IS THAT
CONSIDERED?
MR. SELLINGER. ABSOLUTELY.
SENATOR STAFFORD. MR. SELLINGER. I APOLOGIZE THAT I HAD TO BE ON
THE FLOOR OF THE SENATE DURING YOUR PRESENTATION AND WASNT' THEREFORE
ABLE TO HEAR YOU OR YOUR COLLEAGUES WHILE THEY MADE THEIR PRESENTATION.
FIRST, MR. CHAIRMAN, THE NEW YORK TIMES RECENTLY CARRIED A LENGTHY
ARTICLE ON THE CONTROVERSY OVER SOURCE REDUCTION IN THAT CITY. I ASK
PERMISSION THAT THE ARTICLE BE INCLUDED AT THIS POINT IN THE HEARING
RECORD.
SENATOR DOMENICI. WITHOUT OBJECTION THAT WILL BE INCLUDED.
(THE ARTICLE FOLLOWS:)
(FROM THE NEW YORK TIMES, JULY 8, 1974)
(BY DAVID BIRD)
IN THE NEW YORK CITY COUNCIL A PROPOSED LAW TO REQUIRE RETURNABLE
BEVERAGE CONTAINERS HAS BEEN SPONSORED BY 28 COUNCILMEN, WELL OVER A
MAJORITY OF THE 44-MEMBER BODY.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 015 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106963
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THE BILL, KNOWN AS INTRO NO. 345, HAS THE ENTHUSIASTIC BACKIN OF MANY
COUNCILMEN WHO SAY THEY WOULD LIKE TO STOP THE GROWING LITTER AND
GARBAGE PROBLEMS CAUSED BY CANS AND BOTTLES TOSSED AWAY AFTER ONE USE.
BUT INTRO 345 IS GIVEN NO CHANCE OF BECOMING LAW.
"IT'S GOING NO PLACE," SAID A SOURCE CLOSE TO THE COUNCIL. "IT'S
POLITICALLY DANGEROUS."
BILLS ALMOST IDENTICAL TO INTRO 345 HAVE BEEN INTRODUCED ACROSS THE
COUNTRY IN THE LAST FEW YEARS, AS THE TIDE OF NONRETURNABLES INCREASED
SHARPLY, BUT MOST OF THESE BILLS HAVE DIED BECAUSE OF ONE OF THE MOST
INTENSIVE LOBBYING CAMPAIGNS IN RECENT HISTORY.
THE PRESSURE AGAINST THE SO-CALLED "BOTTLE BILLS" HAS BEEN MOUNTED BY
A COALITION OF INDUSTRIES AND UNIONS THAT SEE THEIR ECONOMIC GAINS
THREATENED. ITS MEMBERS INCLUDE THE STEEL AND ALUMINUM INDUSTRY AND CAN
AND BOTTLE MAKERS.
MANY OF THE ARGUMENTS AGAINST THE BOTTLE BILLS LEAN HEAVILY ON COSTS.
"THERE IS NO QUESTION THAT THE OREGON LAW (WHERE RETURNABLES HAVE
BEEN REQUIRED FOR ALMOST TWO YEARS) AND ADDITIONAL EXPENDITURES FOR
HIGHWAY CLEANUP HAVE IMPROVED THE LITTER SITUATIONS THERE," SAID WILLIAM
F. MAY, CHAIRMAN OF THE AMERICAN CAN COMPANY. *BUT IT HAS COME AT QUITE
AN INCREASE ABOUT 10 MILLION DOLLARS A YEAR -- IN THE COST OF BEER AND
SOFT DRINKS FOR THE PEOPLE OF OREGON."
MR. MAY SAID THE CHANGE-OVER TO RETURNABLE MEANT ADDED LABOR COSTS IN
BRINGING BACK THE BOTTLES. BUT SUPPORTERS OF THE BILL ARGUE THAT THE
RETURNABLE SYSTEM IS CHEAPER BECAUSE THE BOTTLES ARE USED OVER AND O-ER
AGAIN.
RISING COSTS OF BEVERAGES, SPPORTERS OF THE BOTTLE BILLS SAY, HAVE
BEEN CAUSED BY OTHER FACTORS, SUCH AS RISING PRICES FOR RAW MATERIALS
AND EVEN THE ARBITRARY RAISING OF PRICES BY BOTTLERS WHO WANTED TO PROVE
THEIR OWN POINT THAT GOING BACK TO A RETURNABLE SYSTEM WOULD COST MORE.
IT WOULD BE MUCH TOO COSTLY TO GO BACK TO A RETURNABLE SYSTEM ALL
OVER THE COUNTRY, MR. MAY SAID, BECAUSE THE NATION'S DISTRIBUTION SYSTEM
IS NOW DESIGNED FOR A ONE-WAY TYPE OF CONTAINER. RAHTER THAN DESTROY
THE CURRENT DISTRIBUTION SYSTEM. MR. MAY SAID, IT WOULD BE MORE
EFFICIENT TO IMPROVE THE COLLECTION OF WASTE AND THEN REMAKE OR RECYCLE
IT INTO USEFUL THINGS -- LIKE NEW BOTTLES AND CANS.
MR. MAY, WHO ALSO IS A MEMBER OF THE BOARD OF DIRECTORS OF THE NEW
YORK TIMES, SAID BEVERAGE CONTAINERS REPRESENTED 450 MILLION DOLLARS
WORTH OF AMERICAN CAN'S TOTAL SALES OF 2.5 BILLION DOLLARS A YEAR.
THE BATTLE AGAINST THE BAN ON NONRETURNABLE BEVERAGE CONTAINERS IS SO
INTENSE BECAUSE THE STAKES ARE SO HIGH. THE GLASS-BOTTLE MANUFACTURING
INDUSTRY, WHICH HAS BEEN BOOMING ON THE WAVE OF NONRETURNABLES, WOULD
PRODUCE MANY FEWER BOTTLES IF THEY WERE USED OVER AND OVER AGAIN.
CANS VIRTUALLY WOULD BE DRIVEN OUT OF THE BEVERAGE MARKET, BECAUSE NO
ONE HAS YET DEVISED A WAY TO MAKE THEM REUSABLE.
FOR THE CANMAKERS, A RECENT STUDY SHOWS THAT BEVERAGE CONTAINERS
REPRESENTED 1.8 BILLION DOLLARS OF THEIR ANNUAL SALES. ABOUT HALF OF
ALL CANS MANUFACTURED IN THIS COUNTRY ARE FOR BEVERAGES.
THE INTRODUCTION OF NONRETURNABLE BOTTLES -- OR "CONVENIENCE
PACKAGING" AS IT IS CALLED IN THE INDUSTRY -- CONTRIBUTED TO A SHARP
INCREASE IN BEVERAGE CONSUMPTION. BETWEEN 1959 AND 1972, CONSUMPTION OF
SOFT DRINKS AND BEER ROSE BY 33 PER CENT PER CAPITA.
THE INCREASE HAS NOT BEEN WITHOUT ITS COST TO THE ENVIRONMENT.
IN TESTIMONY IN FAVOR OF A NATIONWIDE BOTTLE BILL, JOHN R. QUARLES
JR., THE DEPUTY ADMINISTRATOR OF THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY, SAID THAT DURING THE TIME THAT BEVERAGE CONSUMPTION HAD RISEN 33
PER CENT, THE NUMBER OF BOTTLES DISCARDED HAD GONE UP BY 262 PER CENT --
FROM 15.4 BILLION IN 1959 TO 55.7 BILLION IN 1972.
WHILE CONTAINERS MAKE UP ONLY 8 PERCENT OF THE SOLID-WASTE LOAD, MR.
QUALRES SAID, THEY NOW ACCOUNT FOR BETWEEN 54 AND 70 PERCENT OF THE
VOLUME OF HIGHWAY LITTER. CONTAINERS, HE SAID, ARE ALSO THE
FASTEST-GROWING SEGMENT OF THE WASTE LOAD INCREASING 8 PER CENT A YEAR.
IN ADDITION, MR. QUARLES SAID, THE USE OF THROWAWAY BOTTLES IS A
WASTE OF RESOURCES AND ENERGY. HE SAID THAT THE MAKING OF BEVERAGE
CONTAINERS NOW CONSUMED BETWEEN 1 AND 2 PERCENT OF THE ENERGY USED BY
ALL OF THE NATION'S INDUSTRIES. REUSING BEVERAGE CONTAINERS WOULD SAVE
92,000 BARRELS OF OIL A DAY, HE SAID.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 016 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106964
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
NONRETURNABLE BOTTLES, BECAUSE THEY ONLY HAVE TO LAST FOR ONE USE,
ARE CHEAPER TO MAKE THAN THE STURDIER RETURNABLES. A RECENT STUDY BY
BEVERAGE INDUSTRY MAGAZINE PUT THE COST OF A THOUSAND NONRETURNABEL
12-OUNCE SOFT-DRINK BOTTLES AT 42.33 DOLLAR, COMPARED WITH 83.42 DOLLARS
FOR THE SAME SIZE RETURNABLE.
BUT THE EXTRA COST OF A RETURNABLE IS RECOUPLED WITH INCREASED USE.
IN OREGON, STUDIES HAVE SHOWN THAT RETURNABLE CONTAINERS WAS DRAFTED BY
THE CITY'S ENVIRONMENTAL PROTECTION ADMINISTRATION, THEN HEADED BY
JEROME KRETCHMER.
"THE OPPOSITION WAS VERY, VERY TOUGH." M.R KRETCHMER RECALLED
RECENTLY. "THE BEVERAGE PEOPLE SAID 'THIS WILL RUIN OUR BUSINESS, DRIVE
US OUT OF TOWN AND LEAVE UNEMPLOYMENT.'"
"SCHAFER (THE F. & M. SCHAEFER BREWING COMPANY, ONE OF THE CITY'S TWO
REMAINING BREWERIES) THREATENED TO CANCEL THEIR SPONSORSHIP OF THE PARK
CONCERTS," MR. KRETCHMER SAID, "AND THEY SAID, 'GET THIS GUY KRETCHMER
OFF OUR BACKS; WE'RE AN IMPORTANT INDUSTRY TO NEW YORK CITY.'"
ALVIN E. HEUTCHY, VICE PRESIDENT OF F. & M. SCHAFER, SAID THE OTHER
DAY THAT IT WAS MORE THAN JUST THE PARK CONCERTS THAT WERE IN DANGER
WHEN THE BOTTLE BILL HAD A POSSIBLITY OF BECOMING LAW.
"WE TOLD THEM WE WOULD HAVE TO RECONSIDER A LOT OF OTHER THINGS WE
WERE DOING TO HELP THE CITY IF THIS (THE BOTTLE BILL) WENT THROUGH," MR.
KEUTCHY SAID.
"IF YOU BAN THE CANS AND IF YOU HAVE ONLY RETURNABLE BOTTLES, OUR
BUSINESS WOULD BE SO SERIOUSLY HURT UE WOULDN'T HAVE THE MONEY TO
SPONSOR ANYTHING."
AS A RESULT OF THE PRESSURE, NO BOTTLE BILL HAS EVEN APPROACHED
BECOMING LAW HERE.
THE COALITION AGAINST INTRO 345 IS CALLED THE NEW YORK INDUSTRY LABOR
COMMITTEE FOR RESOURCE RECOVERY. IT IS HEADED NOW BY SIDNEY P. MUDD,
PRESIDENT OF THE NEW YORK SEVEN-UP BOTTLING COMPANY.
EARLY THIS YEAR, JUST AFTER MAYOR BEAME'S ADMINISTRATION CAME INTO
OFFICE,MR. MUDD SOUGHT -- THROUGH PAUL BUIAR, A PUBLIC-RELATIONS MAN
INFLUENTIAL AT CITY HALL -- AN AUDIENCE WITH ROBERT A. LOW, THE NEW
ENVIRONMENTAL PROTECTION ADMINISTRATOR.
"IF YOU CAN SIT DOWN WITH A MAN IN A PRIVATE ROOM AND LET HIM KNOW
HOW YOU FEEL," MR. MUDD SAID, "YOU CAN GENERALLY GET YOUR IDEA ACROSS."
MR. MUDD SAT DOWN WITH MR. LOW, AND MR. LOW RECALLED LATER THAT HE
WAS IMPRESSED "THAT IT WAS A WELL-ORGANIZED GROUP OPPOSED TO THE BOTTLE
BILL." "HE (MR. MUDD) SAID HE REPRESENTED A LOT OF PEOPLE -- THE
SOFT-DRINK PEOPLE, THE BEER PEOPLE -- AND THAT THEY WERE IMPORTANT TO
THE CITY'S ECONOMY," HE ADDED.
MR. LOW IS RESPONSIBLE FOR GETTING RID OF THE CITY'S GARBAGE -- AND
ITS QUANTITY SEEMS TO GROW CONSTANTLY. AFTER SOME STUDY, HE SAID HE WAS
IN FAVOR OF A BOTTLE BILL, BUT NOT FOR NEW YORK CITY ALONE. HE SAID IT
SHOULD BE ENACTED BY THE FEDERAL GOVERNMENT BECAUSE "IF IT WERE ENACTED
ON SUCH A NARROW GEOGRAPHICAL BASIS, INDUSTRY COULD PICK UP AND MOVE TO
ANOTHER AREA."
THIS YEAR, THE PRINCIPAL SPONSOR OF INTRO 345 IS COUNCILMAN MONROE
COHEN, DEMOCRAT OF BROOKLYN. MR. MUDD SAID HE ALSO HAD TALKED WITH MR.
COHEN.
"I TOLD COHEN THATIF THE BILL WERE ENACTED, INDUSTRIES WOULD SHUT
DOWN, THOUSANDS WOULD BE OUT OF WORK AND THE CITY WOULD SUFFER
ECONOMICALLY," MR. MUDD SAID.
MR. MUDD SAID THAT-MR. COHEN REPLIED: "OH MY GOD, SID, I DIDN'T KNOW
ANYTHING LIKE THAT WOULD HAPPEN. I'M GLAD YOU TOLD ME."
MR. COHEN SAID HE HAD BEEN TOLD BY BOTTLING COMPANIES THAT THEY WOULD
GO OUT OF BUSINESS, BUT SAID HE HAD NOT REALLY CHECKED THEIR
CONTENTIONS.
A BROOKLYN COUNCILMAN, FREDERICK W. RICHMOND, SAID THAT WHILE HE IS
IN FAVOR OF REDUCING THE CITY'S SOLID-WASTE BURDEN, HE IS CONCERNED
ABOUT WHAT HE HAD HEARD FROM THE CITY'S TWO BREWERIES, BOTH OF WHICH ARE
IN BROOKLYN.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 017 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106965
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
"CONVERSATIONS BY MEMBERS OF MY STAFF WITH BOTH SCHAEFER AND
RHEINGOLD INDICATE THAT SUCH A LAW MIGHT FORCE SCHAEFER OUT OF NEW YORK
CITY AND RHEINGOLD OUT OF BUSINESS," COUNCILMAN RICHMOND SAID.
"IT IS CLEAR TO ME." MR. RICHMOND SAID, "THAT WHILE CITIZENS WILL
SUPPORT ANY EFFORT TO CLEAN UP THE ENVIRONMENT, EVEN IF IT CAUSES
INCONVENIENCE, THE PUBLIC ALSO EXPECTS THAT GOVERNMENT SHOULD INSURE
THAT NO ONE SHOULD BE SIMMILARLY FORCED INTO UNEMPLOYMENT OR WELFARE
BECAUSE OF ENVIRONMENTAL EFFORTS."
SOME OF THOSE WHO BELIEVE THEY WOULD BE AFFECTED ADVERSELY BY THE
BOTTLE BILL ARE ANGERED BY ANY SHOW OF SUPPORT FOR IT.
"I WAS INCENSED AT THE NEW YORK TIMES," MR. HEUTCHY OF SCHAEFER SAID,
RECALLING EDITORIAL SUPPORT FOR THE BOTTLE BILL. "THOSE WHO LIVE IN
PAPER HOUSES ARE GOING TO GET BURNED," HE ADDED, SAYING THAT MOST LITTER
IS PAPER.
THE OPPONENTS ARE NOW CONFIDENT THAT THE BOTTLE BILL IS DEAD HERE,
BUT HEAVIER AMMUNITION IS AVAILABLE IF IT IS NEEDED.
"I THINK WE'VE MADE OUR POINT," MR. MUDD SAID. "I DON'T THINK
ANYTHING IS GOING TO HAPPEN HERE NOW, BUT I HAVE TO RUN SCARED."
THE CALIBER OF THAT AMMUNITION MAY BE ILLUSTRATED BY WHAT HAPPENED IN
ERIE COUNTY, WHICH INCLUDES BUFFALO, WHERE LAST MAY A BOTTLE BILL CAME
TO A VOTE IN THE COUNTRY LEGISLATURE.
ONE OF THE MAJOR PROPONENTS OF THE ERIE LEGISLATION WAS A GROUP
CALLED HOUSEWIVES TO END POLLUTION. THEY GATHERED MORE THAN 14,000
SIGNATURES WITHIN TWO AND A HALF WEEKS TO SHOW WHAT SUPPORT THE BILL HAD
AMONG THE CITIZENS.
"THEN THE THING THAT HAPPENED WITH THE UNIONS REALLY SCARED USE,"
SAID A LEADER OF THE HOUSEWIVES GROUP, WHO ASKED THAT HER NAME NOT
BEUSED BECAUSE SHE WAS STILL AFRAID OF WHAT WOULD HAPPEN TO HER OR HER
FAMILY.
"I AM NOW COMPLETELY DISGUSTED WITH THE DEMOCRATIC PROCESS," THE
WOMAN SAID.
THE GROUP'S LEADER SAID A.F.L-C.I.O. AND TEAMSTERS UNION
REPRESENTATIVES HAD MET WITH THEM FOR MORE THAN FOUR HOURS, E MPHASIZING
THAT THE LEGISLATION WOULD NOT BE ALLOWED TO PASS.
"IT WAS A CHILLING EXPERIENCE," THE WOMAN SAID. "THEY TOLD US,
'WE'VE CHECKED YOU ALL OUR. WE KNOW WHO YOUR HUSBANDS ARE AND WHERE
THEY WORK AND HOW MANY CHILDREN YOU HAVE.'"
THE WOMAN SAID A MAN WHO SAID HE WAS FROM THE TEAMSTERS TOLD THEM
THAT EVEN IF THE BOTTLE BILL DID PASS, IT WOULD HAVE TO BE VETOED BY THE
COUNTY EXECUTIVE -- "HE'S IN THE LIQUOR BUSINESS, AND HE KNOWS WE'LL GET
HIM."
THE ERIE COUNTY EXECUTIVE IS EDWARD V. REGAN, WHO RETAINS AN INTEREST
IN HIS FAMILY'S WHOLESALE LIQUOR BUSINESS, THE BISON LIQUOR COMPANY, MR.
REGAN SAID THE COMPANY DEALT WITH THE TEAMSTERS BUT LAND RECEIVED NO
PRESSURE ON THE BOTTLE BILL.
MR. REGAN SAID HE TOOK NO STAND ON THE BOTTLE BILL BECAUSE IT HAD
BEEN VOTED DOWN IN THE COUNTY LEGISLATURE. IF THE BILL HAD REACHED HIS
OFFICE, HE SAID, HE WOULD HAVE HELD A PU0LIC HEARING. HE SAID HE HAD
TAKEN NO STAND BECAUSE "THERE'S NOT MUCH POINT IN A PUBLIC HEARING IF
EVERYBODY KNOWS WHERE I STAND."
DURING THE ERIE COUNTY BATTLE, BUFFALO TELEVISION STATION WBEN-TV RAN
AN EDITORIAL FAVORING THE BOTTLE BILL. GEORGE TORGE, THE STATION'S
GENERAL MANAGER, READ THE EDITORIAL OVER THE AIR AND IMMEDIATELY SEVERAL
BREWERIES CANCELED THEIR ADVERTISING.
DID THEY SAY WHY THEY WITHDREW THE ADVERTISING?
"THEY SURE AS HELL DID," MR. TORGE SAID. "IT WAS IN RETALIATION TO
THE EDITORIAL."
MORELY TOWNSEND, AN ERIE COUNTY LEGISLATOR WHO ALSO IS A LAWYER DOING
LEGAL WORK FOR PEPSI-COLA, TOLD FRIENDS PRIVATELY THAT HE HAD BEEN
WARNED THAT THERE WOULD BE "ECONOMIC REPERCUSSIONS" FOR HIM IF HE VOTED
FOR THE LEGISLATION.
LAST WEEK, MR. TOWNSEND WHO DID VOTE FOR THE BOTTLE BILL, REFUSED TO
TALK ABOUT THE MATTER, OTHER THAN TO SAY HE WAS STILL A LAWYER FOR
PEPSI-COLA.
"IT'S A PRIVATE MATTER, AND I'D RATHER NOT DISCUSS IT," MR. TOWNSEND
SAID.
A KEY DOCUMENT THAT THE ERIE COUNTY LEGISLATURE USED IN SUPPORT OF
THE BOTTLE BILL WAS A DETAILED ECONOMIC ANALYSIS BY DR. CLARK W.
STRAUSSER, AN ASSOCIATE PROFESSOR OF ECONOMICS AT THE JOHNSTOWN CAMPUS
OF THE UNIVERSITY OF PENNSYLVANIA.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 018 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106966
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
HIS STUDY, A 200PAGE PRESENTATION, WAS PAID FOR BY A 4,000 DOLLAR
GRANT FROM NEW YORK STATE'S COUNCIL OF ECONOMIC ADVISERS.
ALTHOUGH HIS REPORT, PUBLISHED LAST NOVEMBER, FAVORED A BOTTLE BILL
FOR ERIE COUNTY, SHORTLY BEFORE THE VOTE WAS TAKEN IN MAY, DR. STRUASER
REVERSED HIMSELF AND SAID HE NO LONGER FAVORED THE MEASURE.
PUZZLED SUPPORTERS OF THE BILL SAID THEY HAD SOME DIFFICULTY IN
REACHING DR. STRAUSSER IMMEDIATELY FOR AN EXPLANATION.
LAST WEEK, HOWEVER, DR. STRUASSER SAID, "I WANT AT IT IN A RELATIVELY
NAIVE WAY WHEN I DID THE STUDY ORIGINALLY."
DR. STRUASSER SAID THAT HE HAD NOT BEEN PRESSURED BY OPPONENTS, BUT
THAT HE HAD GOTTEN "SOME NEW FIGURES FROM THE BEER INDUSTRY THAT I
BELIEVED."
THE FIGURES WERE FOR THE AMOUNT OF SOLID WASTE CAUSED BY BEER
CONTAINERS. PREVIOUSLY, DR. STRAUSSER SAID HE HAD USED FIGURES COMPLIED
BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY.
DR. STRUASSER SAID HE BELIEVED THE BEER INDUSTRY FIGURES MORE BECUASE
"THEY WERE WORKED OUT ON A STATE BASIS, WHILE THE E.P.A.'S WERE
NATIONAL."
VERMONT HAS FOLLOWED OREGON'S LEAD IN REQUIRING MANDATORY RETURN
DEPOSITS ON BEVERAGE CONTAINERS.
OREGON'S LAW HAS A TWO-TIER SYSTEM. A FIVE-CENT DEPOSIT IS REQUIRED
ON BOTTLES THAT ARE DISTINCTIVE TO ONE BRAND. A TWO-CENT DEPOSIT IS
REQUIRED ON STANDARD BEER BOTTLES THAT MAY BE USED INTERCHANGEABLY BY
ALL COMPANIES.
THE IDEA BEHIND THE LOWER TWO-CENT DEPOSIT WAS TO ENCOURAGE THE USE
OF STANDARD BOTTLES THAT MAY BE USED INTERCHANGEABLY BY ALL COMPANIES.
THE IDEA BEHIND THE LOWER TWO-CENT DEPOSIT WAS TO ENCOURAGE THE USE
OF STANDARD BOTTLES THAT COULD BE RETURNED ANYWHERE, MAKING THE
RETURNING JOB EASIER.
VERMONT'S ORIGINAL BOTTLE LAW DID NOT HAVE THE REDUCED TWO-CENT
FEATURE, AND BOTTLERS, IN AN ATTEMPT TO GET THE VERMONT LEGISLATION
REPEALED, MADE A STRONG POINT OF THE DIFFICULTY OF RETURNING BOTTLES TO
DIFFERENT PLACES.
IN AN ATTEMPT TO STRENGTHEN THE VERMONT LAW THIS YEAR, SAM LLOYD, A
VERMONT LEGISLATOR FROM WESTON, INTRODUCED AMENDMENTS TO INSTITUTE THE
TWO-CENT STANDARD BOTTLE DEPOSIT AND TO OUTLAW FLIP-TOPS ON METAL CANS.
THE NIGHT BEFORE THE AMENDMENTS WERE TO BE VOTED ON, MR. LLOYD SAID,
HE RECEIVED A TELEPHONE CALL FROM JOHN CARBINE, A RUTLAND LAWYER
REPRESENTING THE GLASS CONTAINER MANUFACTURERS INSTITUTE. HE SAID THAT
100,000 DOLLARS WORTH OF "CORPORATE MONEY" WOULD BE AVAILABLE TO STUDY
THE SHOLE SITUATION IF THE AMENDMENTS COULD BE DROPPED.
MR. LLOYD SAID THAT HE DID NOT DROP HIS SUPPORT OF HIS AMENDMENTS,
BUT THAT THEY WERE DEFEATED IN THE LEGISLATURE ANYWAY.
MR. CARBINE SAID HE DID NOT RECALL OFFERING ANY SET SUM OF MONEY. HE
SAID HE JUST WANTED TO SAY THAT THE FACILITIES OF THE NATIONAL CENTER
FOR RESOURCE RECOVERY WERE AVAILABLE FOR HELP.
THAT NATIONAL CENTER IN WASHINGTON IS SUPPORTED BY OPPONENTS OF THE
BOTTLE BILL WHO SAY THAT THE WAY TO CONTROL WASTE IS TO COLLECT IT AND
SEPARATE IT AND TRY TO SELL IT FOR RAW MATERIALS.
LEGISLATORS HAVE REGULARLY BEEN GIVEN FREE TRIPS TO PILOT PLANTS SET
UP AT PLACES SUCH AS FRANKLIN, OHIO, AND ELIZABETH, N.J., TO DEMONSTRATE
THE FEASIBILITY OF THIS IDEA. SO FAR THE PROJECTS HAVE NOT GONE BEYOND
THE PILOT STAGE.
LEGISLATORS IN VERMONT WERE ALSO OFFERED FREE TRIPS TO HOCKEY GAMES
BY BREWERS OPPOSING THE BOTTLE BILL.
BUT MOST OF THE FREE TRIPS FOR LEGISLATORS AROUND THE COUNTRY ARE
LISTED AS STRICTLY EDUCATIONAL.
"ALL WE DO IS GIVE THEM A SANDWICH AND RIDE (OFTEN BY PRIVATE PLANE)
TO THE FACILITY," SAID BLAIR SMITH, VICE PRESIDENT OF ENVIRONMENTAL
AFFAIRS FOR THE AMERICAN CAN COMPANY IN GREENWICH, CONN. "THERE IS NO
ALCOHOL. IT'S NOT A WINING AND DINING SITUATION. WE HAVE TRIED TO MAKE
AN EDUCATIONAL EFFORT."
PROPONENTS OF THE BOTTLE BILLS SAY THEY HAVE NO SUCH FUNDS FOR
EDUCATIONAL EFFORTS NOR CAN THEY MANIPULATE THE MARKET TO MAKE THEIR
POINT.
IN VERMONT, THE OPPONENTS CHARGED THAT RETURNABLE BOTTLES WOULD BE
MORE EXPENSIVE, SO THEY RAISED PRICES WHEN BOTTLES WERE REQUIRED TO BE
RETURNED. IN OTHER PLACES WHERE BOTH RETURNABLE AND NONRETURNABLES ARE
SOLD, THE BEVERAGE IN BOTTLES THAT CAN BE RE-USED IS CHEAPER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 019 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106967
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
"IT'S FUNNY THAT THE PRICES OF ALL THE COMPANIES WENT UP UNIFORMLY,"
SAID VERMONT'S ATTORNEY GENERAL, KIMBERLY B. CHENEY, WHO IS STILL
LOOKING INTO THAT SITUATION.
"THEY'RE DOING EVERYTHING THEY CAN TO DEFEAT IT (THE BOTTLE BILL)."
MR. CHENEY SAID, "BUT THERE'S NO QUESTION THAT IT'S WORKING IN CLEANING
UP LITTER -- AND IT'S THE FIRST STEP IN TRYING TO DO SOMETHING ABOUT THE
THROW-AWAY SOCIETY."
IN NEW YORK STATE, ATTORNEY GENERAL LOUIS J. LEFKOWITZ HAS, SINCE
1972, PROPOSED STATEWIDE LEGISLATION TO BAN NONRETURNABLES. IT HAS
FAILED EVERY YEAR.
USUALLY ENVIRONMENTAL CLEANUP HAS TO BE BALANCED OFF BECAUSE IT COSTS
SOMETHING TO DO THE CLEANUP, SAYS PHILIP WEINBERG, MR. LEFKOWITZ'S
ASSISTANT FOR ENVIRONMENTAL AFFAIRS, "BUT HERE IS SOMETHING THAT WOULD
SAVE MONEY (ON THE COST OF BEVERAGES AND THE COST OF HANDLING SOLID
WASTE) AND STILL THE LEGISLATION DOESN'T GET ANY PLACE."
CONNECTICUT'S HOUSE OF REPRESENTATIVES LAST MAY KILLED AN ATTEMPT TO
BAN THE GHROWAWAY CONTAINERS.
WILLIAM L. CHURCHILL, CHAIRMAN OF THE SUBCOMMITTEE ON NONRETURNABLES,
SAID HE WENT AT STATE EXPENSE TO STUDY THE OREGON EXPERIENCE.
"I FOUND THE SITUATION THERE SOMEWHAT QUESTIONABLE." MR. CHURCHILL
SAID "THERE WAS AN AWFUL LOT OF FALSE INFORMATION ON BOTH SIDES."
MR. CHURCHILL AND OTHER CONNECTICUT LEGISLATORS ALSO WENT DOWN TO
ATLANTA, TO THE COCA-COLA HEADQUARTERS. THE TRIP WAS PAID FOR BY
COCA-COLA.
"IT WASN'T A SOCIAL OCCASION AT ALL," MR. CHURCHILL SAID. "WE SPENT
THE WHOLE DAY AT THE PLANT. IT WAS REALLY A GOOD BACKGROUNDER FOR US.
THEY WERE VERY CONCERNED THAT WE UNDERSTAND THEIR MARKETING PROBLEM."
SENATOR STAFFORD. I WOULD LIKE TO ASK YOU JUST A FEW QUESTIONS.
HOW DID YOU SELL BEER BEFORE THE TIME OF NONRETURNABLE CONTAINERS?
MR. SELLINGER. I THINK MAYBE YOU WERE OUT OF THE ROOM WHEN I
DEMONSTRATED HOW BEER WAS SOLD ON PREMISE, IN THE TAVERNS. NINETY-FIVE
PERCENT OF OUR PRODUCT WAS SOLD IN THE TAVERNS. SOME OF IT WAS ON
DRAFT, SOME OF IT WAS IN BOTTLES. THIS IS THE WAY IT WAS DELIVERED,
LIKE THIS. WE DELIVERED IT IN A BOTTLE LIKE THIS. THAT IS A 12-OUNCE
BOTTLE, CONTENTS, BUT WEIGHS 16 OUNCES OF GLASS. THIS WOODEN BOX WEIGHS
16 POUNDS, AND THE TOTAL CONTENTS AND PACKAGES WAS 52 POUNDS.
AS BEER STARTED TO MOVE OFFPREMISE INTO THE PACKAGE STORES I THINK WE
REALIZE THAT WE HAD TO HAVE OUR PRODUCT PACKAGED MORE CONVENIENTLY.
SENATOR STAFFORD. BEFORE YOU GET INTO THAT, HOW MANY TIMES DID YOU
NORMALLY REUSE THE BOTTLE SUCH AS YOU HAVE PLACED IN FRONT OF THE PANEL?
MR. SELLINGER. LET ME TELL YOU HOW WE DETERMINE THAT BECAUSE YOU
CAN'T MARK A BOTTLE AND KNOW THAT THE BOTTLE IS COMING BACK TO OUR PLANT
BECAUSE THIS BOTTLE COULD HAVE BEEN USED BY ANY OTHER BREWER. THEY ARE
ALL INTERCHANGEABLE. LET'S SUPPOSE WE TAKE A 5-YEAR RUNNING AVERAGE AND
WE PRODUCED 5 MILLION CASES EACH YEAR OR 25 MILLION, TOTAL AND THAT WE
HAD TO BUY 100,000 CASES OF NEW BOTTLES PER YEAR. THAT IS THE WAY WE
GET OUR RUNNING AVERAGE OF THE "TRIPAGE."
MAYBE THAT COMES UP TO 10.
SENATOR STAFFORD. TWENTY REUSABLES?
MR. SELLINGER. LET'S SUPPOSE THAT DOES HAPPEN. A BOTTLE IS REUSED
20 TIMES. THAT IS FOR THE ON-PREMISE SYSTEM, WHERE THE BARTENDER TOOK
THE BOTTLE OUT OF THE COOLER, TOOK THE CROWN OFF, SERVED THE CONSUMER,
TOOK THE BOTTLE AND PUT IT BACK IN THE CASE AND THE DRIVER-SALESMAN
PICKED IT UP WHEN HE CAME BACK FOR THE NEXT DELIVERY.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 020 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106968
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
LET'S SUPPOSE BEER GOES OFF THE PREMISES, GOES TO YOUR HOME OR
SOMEBODY ELSE'S HOME. HOW MANY TRIPS WILL THE BOTTLE MAKE THEN? WE DO
NOT KNOW. WE HAVE NOT OPERATED THE OFF-PREMISE SYSTEM WITH ALL
RETURNABLE BOTTLES.
WE REDESIGNED THE BOTTLE AND GOT A LIGHTER WEIGHT CONTAINER. I GAVE
ONE TO THE SENATOR TO SHOW OUR PRESENT RETURNABLE BOTTLES FREQUENTLY TO
THE POINT THAT ON THE PRODUCTION LINE BECAUSE OF THE ABRASION WE GET
THIS SCARRING. WE GET SO MUCH SCARRING WE GET CONSUMER COMPLAINTS.
THEY WANT CLEAN LOOKING BOTTLES. THE INSIDE MIGHT BE CLEAN, BUT THE
OUTSIDE IS SCARRED THROUGH REUSE.
THIS BOTTLE, IF IT IS USED ONPREMISE, COULD HAVE AS MANY AS 20 TRIPS,
BUT IF IT GOES OFFPRESMISE I DON'T KNOW HOW THE CONSUMER IS GOING TO
HANDLE IT OR HOW OFTEN HE WILL RECYCLE IT.
WE FIGURE A BOTTLE RETURNS ITSELF ONCE EVERY 3 MONTHS. HOW MANY
TRIPS ARE WE GOING TO GET TO REUSE IT? I DON'T KNOW.
SENATOR STAFFORD. I REMEMBER, MR. SELLINGER, BACK IN THE EARLY
FIFTIES, SOME TESTIMONY FROM ORGANIZATIONS LIKE YOURS THAT INDICATED
THEY THOUGHT THEY GOT ABOUT 12 TO 14 REUSES. WOULD THAT SOUND ABOUT
RIGHT TO YOU?
MR. SELLINGER. NO. NOT AT ALL. BUT I THINK THAT YOU HAVE TO REALIZE,
SENATOR, THIS BOTTLE HAS BEEN MADE SUPERSAFE BECAUSE WE DON'T KNOW HOW
MANY TRIPS IT IS GOING TO MAKE. THEREFORE, IT HAS MORE GLASS INIT THAN
YOU REALLY NEED. WE CAN DETERMINE EXACTLY WHAT THIS NONRETURNABLE
BOTTLE HAS TO DO. IT HAS TO GO THROUGH OUR FILLING SYSTEMS. IT HAS TO
BE PROTECTED IN TRANSIT. WE PROTECT IT SO THE CONSUMER CAN TAKE IT
HOME. WE HAVE NOW DEVELOPED A NEW GLASS CONTAINER UNDEF A GERMAN
PROCESS THAT WEIGHS 5.9 OUNCES. IT IS AS SAFE AS ANY CONTAINER THAT I
HAVE HERE, SOME OF WHICH WEIGH 7 OUNCES.
SENATOR STAFFORD. THE RETURNABLE CONTAINER THAT YOU HAVE IN FRONT OF
THE PANEL CERTAINLY DOES NOT USE AS MUCH GLASS AS 12 OF THE
NONRETURNABLES.
MR. SELLINGER. BY NO MEANS. BUT REMEMBER IT WEIGHS A LOT MORE AND
THE ENERGY THAT IS NEEDED FOR HANDLING IN OUR PLANT, THE INVESTMENT IN
IT AND I DEMONSTRATED ON ONE OF MY CHARTS HERE HOW MANY HUNDRED
THOUSANDS OF SQUARE FEET OF SPACE THAT I NEED IN A BREWERY THAT IS ON
THE RETURNABLE SYSTEM.
ALL OF THOSE ECONOMICS HAVE TO BE CONSIDERED. WHEN THIS GLASS IS
RECYCLED OR THIS GLASS, IT IS THE SAME GLASS. SO IF THERE ARE RECYCLING
SYSTEMS THIS BOTTLE CAN BE RECYCLED THE SAME AS THAT CAN BE RECYCLED AND
THE GLASS INDUSTRY TAKES THESE BACK.
I THINK THE BIG THING THAT WE WANT TO POINT OUT IS THAT YOU HAVE TO
LOOK AT THE TOTAL SYSTEM. YOU JUST CAN'T LOOK AT THIS FROM A GLASS
MANUFACTURING ENERGY VIEWPOINT. YOU HAVE GOT TO LOOK AT HOW IT IS
PACKAGED, ALL OF THIS PAPER VERSUS A LITTLE TRAY LIKE THIS, ALL ARE
RECYCLABLE, SOME A LOT MORE EXPENSIVE. CANS ARE PACKAGED IN TRAYS LIKE
THIS BECAUSE THAT IS ALL THEY DEMAND.
SO IT IS THE WHOLE SYSTEM THAT MUST BE CONSIDERED. WE BEG EVERYONE
NOT TO JUST LOOK AT THE CONTAINER ITSELF, LOOK AT IT FROM THE TIME IT
COMES INTO THE MANUFACUTRING PLANT UNTIL THE CONSUMER FINALLY DISPOSES
OF IT AND WHAT DOES IT COST? THAT IS ALL WE LOOK AT.
SENATOR STAFFORD. WITHOUT FURTHER COMMENT, I PERSONALLY INSPECTED
ALL OF THE VARIOUS TYPES OF PACKAGING AT ONE TIME OR ANOTHER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 021 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106969
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. SELLINGER. I HOPE. SENATOR, WE HAVE SOME NEW THINGS TO SHOW
YOU.
SENATOR STAFFORD. EVEN THE WOODEN BOX. I WAS A SENIOR IN COLLEGE
ABOUT THE TIME PROHIBITION WAS COMING ON.
MR. SELLINGER. THEY WERE PRETTY HEAVY, WEREN'T THEY?
SENATOR STAFFORD. YES.
LET ME ASK YOU THIS: IN ADDITION. I THINK I HEARD YOU EXPRESS A
DUTY TO DELIVERY THE PRODUCT TO THE CONSUMER AT THE MOST ECONOMICAL
PRICE.
MR. SELLINGER. YES.
SENATOR STAFFORD. WILL YOU ALSO CONSIDER YOU WILL HAVE SOME DUTY TO
CUT DOWN ON ROADSIDE LITTER THROUGHOUT THE COUNTRY?
MR. SELLINGER. AGAIN, I WOULD LIKE TO REFER THE SENATOR TO A PROGRAM
IN WHICH THE BREWING INDUSTRY WAS AGAIN THE CATALYST, AND THAT IS THE
"PITCH-IN" PROGRAM. OUR COMPANY AS WELL AS ALL OF THE OTHER BREWERS
HAVE SPENT QUITE A FEW DOLLARS ON THE PITCH-IN PROGRAM TRYING TO EDUCATE
THE CONSUMER TO DISPOSE OF THE CONTAINERS IN AN ACCEPTABLE MANNER.
SENATOR STAFFORD. THEN YOU DO RECOGNIZE SOME DUTY IN THIS AREA,
CERTAINLY?
MR. SELLINGER. ANHEUSER-BUSCH AS LEADERS OF THE BREWING INDUSTRY HAS
CONSTANTLY FELT THAT IT IS OUR DUTY TO LOOK AT THE PROBLEMS THAT WE MAY
CREATE IN THE CONSUMER FIELD.
SENATOR STAFFORD. TWO STATES, ONE OF WHICH IS MY OWN. OREGON AND
VERMONT, DO HAVE EXPERIENCE IN THE PAST AND ARE PRESENTLY EXPERIENCING
IN THE AREA OF RETURNABLE BOTTLES. WHAT HAS YOUR EXPERIENCE BEEN IN
THESE TWO STATES AS FAR AS YOUR OWN COMPETITIVE EDGE WITH YOUR
COMPETITORS?
MR. SELLINGER. I GUESS WE COULD BE SELFISH AT ANHEUSER-BUSCH AND I
JUST HAPPENED TO BRING FIGURES WITH ME. IN OREGON, OUR CLOSEST PLANT TO
THE STATE OF OREGON IS IN VAN NUYS, CALIF. THEREFORE, WE HAVE A
TREMENDOUS FREIGHT PENALTY. IT WAS MY PRIVILEGE TO TESTIFY IN OREGON
AND GIVE SOME OF THE SAME DEMONSTRATIONS I HAVE GIVEN HERE. WE
PROPHEISED THAT THE PRICE OF BEER WOULD HAVE TO GO UP BECAUSE WE SAID
AND WE HAVE PROVEN THAT STATEMENT A FEW TIMES THAT NONRETURNABLE
CONTAINERS TODAY IN THE DISTRIBUTION FIELD.
WE SAID THAT WE WOULD HAVE TO INCREASE THE PRICE OF BEER. WE DID
INCREASE THE PRICE OF BEER. THE PRICE OF BEER IN OREGON WENT UP 17
CENTS A SIX-PACK 6 MONTHS AFTER THE LAW WENT INTO EFFECT. OUR BEER DID.
SENATOR STAFFORD. YOU SAID YOU HAD A DISADVANTAGE BECAUSE YOU HAD
THAT FREIGHT FROM VAN NUYS TO THE STATE OF OREGON. HOW ABOUT THE LOCAL
BREWER? THE BLITZ BREWER IS A LOCAL BREWER AND DOES 40 PERCENT OF THE
BUSINESS THERE.
SENATOR DOMENICI. WHAT IS THE NAME OF THEIR BEER?
MR. SELLINGER. BLITZ. WITHIN 1 MONTH AFTER WE RAISED THE PRICE OF
BEER, BLITZ RAISED THE PRICE OF BEER. IF IT WAS NOT NECESSARY TO RAISE
THE PRICE OF BEER, DO YOU THINK BLITZ WOULD HAVE RAISED? IT WOULD HAVE
BEEN A BEAUTIFUL OPPORTUNITY FOR THEM TO GET MORE BUSINESS.
WOULD YOU LIKE TO SEE WHAT WE HAVE DONE IN THE STATE OF OREGON SINCE
THE LAW WAS PASSED IN SALES?
SENATOR STAFFORD. WE WILL MAKE THIS A PART OF THE COMMITTEE RECORD.
ALSO I WOULD LIKE TO INCLUDE IN THE RECORD A PAMPHLET ON THE OREGON
BOTTLE LAW.
(THE MATERIAL REFERRED TO FOLLOWS:)
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 022 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106970
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
OREGON -- MARKET STATISTICS REPORT 6
TABLE OMITTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 023 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106971
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SINCE OCTOBER 1, 1972, ALL BEER AND SOFT DRINK CONTAINERS SOLD IN THE
STATE OF OREGON HAVE BEEN REQUIRED TO CARRY REFUND VALUES. CANS WITH
PULL-TAB OPENERS HAVE BEEN BANNED OUTRIGHT. THIS IS THE FIRST LAW OF
ITS KIND TO BE ENACTED BY A STATE, AND IT HAS CAUSED A GREAT DEAL OF
INTEREST IN STATE LEGISLATURES THROUGHOUT THE COUNTRY. THIS PAPER
PROVIDES A BRIEF ANALYSIS OF THE MINIMUM DEPOSIT ACT AND AN ASSESSMENT
OF ITS IMPACT SINCE ITS DATE OF ENACTMENT.
THE LAW
OREGON'S "BOTTLE BILL," SIGNED INTO LAW IN JUNE 1971 BY GOVERNOR TOM
MCCALL, WENT INTO EFFECT OCTOBER 1, 1972. THE ACT REQUIRED A MINIMUM
2-CENT REFUND TO PURCHASERS ON THE RETURN OF ALL OTHER BEVERAGE
CONTAINERS. CERTIFIED CONTAINERS ARE DEFINED AS CONTAINERS THAT ARE
USED BY, AND THAT WILL BE ACCEPTED FOR REUSE BY, MORE THAN ONE
MANUFACTURER. IN ADDITION, THE LAW OUTLAWS THE SALE OF THE FLIP-TOP OR
PULL-TAB BEVERAGE CONTAINER.
INDUSTRY REACTION TO THE MEASURE WAS PREDICTABLY NEGATIVE, AND SUIT
WAS FILED JANUARY 24, 2972, IN THE CIRCUIT COURT OF THE STATE OF OREGON
BY VARIOUS CONTAINER MANUFACTURERS, BREWES, AND SOFT DRINK MANUFACTUERES
WHO CLAIMED THAT THE OREGON LAW WAS UNCONSTITUTIONAL. THE DEFENDANTS
WERE THE OREGON LIQUOR CONTROL COMMISSION AND THE OREGON STATE
DEPARTMENT OF AGRICULTURE. THE PLAINTIFFS ARGUED: (1) THAT THE STATUTE
VIOLATES THE COMMERCE CLAUSE OF THE U.S. CONSTITUTION BY IMPOSING AN
EXECESSIVE BURDEN ON INTERSTATE COMMERCE, AND BY FAVORING LOCAL CONCERNS
AT THE EXPENSE OF DISTANT INTERSTATE OPERATORS: (2) THAT THE STATUTE
VIOLATES THE EQUAL PROTECTION CLAUSE OF THE U.S. CONSTITUTION BY
DIFFERENTIATING BETWEEN CARBONATED AND NONCARBONATED SOFT DRINKS AND
BETWEEN REUSABLE AND NONREUSALBE CONTAINERS; (3) THAT THE STATUTE
VIOLATES THE DUE PROCESS CLAUSE OF THE U.S. CONSTITUTION BY LACKING A
REAL AND SUBSTANTIAL RELATIONSHIP TO THE OBJECTIVES SOUGHT BY THE LAW.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 024 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106972
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
/1/ BINGHAM, T.H. AND P.F. MULLIGAN. THE BEVERAGE CONTAINER PROBLEM;
ANALYSIS AND RECOMMENDATIONS, U.S. ENVIRONMENTAL PROTECTION AGENCY,
SEPT. 1971. 190 P. (DISTRIBUTED BY NATIONAL TECHNICAL INFORMATION
SERVICE, SPRINGFIELD, VA. AS PB 213341.)
/2/ MIDWEST RESEARCH INSTITUTE. THE NATIONAL IMPACT OF A BAN ON
NONREFILLABLE BEVERAGE CONTAINERS. KANSAS CITY, MISSOURI, 1971. 120 P.
THE DECISION OF THE COURT, WHICH WAS RENDERED SEPTEMBER 1, 1972,
DECLARED THE ACT CONSTITUTIONAL. THE SEPTEMBER 1 RULING HAS BEEN
APPEALED TO THE OREGON COURT OF APPEALS BY THE PLAINTIFFS.
THE MAJOR PURPOSE OF THE BOTTLE BILL IS TO CONTROL LITTER IN THE
STATE OF OREGON. IN A REGION WITH A DEMONSTRATED CONCERN FOR
ENVIRONMENTAL QUALITY AND AN EMPHASIS ON OUTDOOR RECREATION, IT WAS
CONSIDERED ESSENTIAL THAT MEASURES BE TAKEN TO AVOID THE WIDESPREAD
LITTERING THAT HAD BECOME CHARACTERISTIC OF THE REGION'S BEACHES,
HIGHWAYS, AND OTHER PUBLIC AREAS. A MANDATORY DEPOSIT MECHANISM,
DESIGNED TO PROVIDE DISINCENTIVES FOR THROWING AWAY CONTAINERS, WAS
CHOSEN AS A MEANS OF REDUCING THE BEVERAGE CONTAINER PORTION OF LITTER.
EFFECTIVENESS OF THE LAW
IN A 1972 STUDY BY RESEARCH TRIANGLE INSTITUTE, BEVERAGE CONTAINERS
WERE ESTIMATED TO CONSTITUTE 19.1 PERCENT OF ROADISE LITTER BY ITEM
COUNT. /1/ THE BREAKDOWN BY CONTAINER TYPE WAS 73.1 PERCENT CANS, 17.0
PERCENT NONREFILLABLE BOTTLES, AND 9.9 PERCENT REFILLABLE BOTTLES. BY
CONTAINER CONTENT, BEER REPRESENTED 71.3 PERCENT, SOFT DRINKS 25.7
PERCENT, AND WINE AND LIQUOR 3.0 PERCENT OF ALL BEVERAGE CONTAINERS IN
LITTER.
BEVERAGE CONTAINERS CONTRIBUTED A FAR GREATER PERCENTAGE OF THE
VOLUME OF ROADSIDE LITTER. A SURVEY CONDUCTED BY THE STATE OF OREGON
INDICATED THAT BEVERAGE CONTAINERS FORMED APPROXIMATELY 62 PERCENT OF
THE VOLUME OF LITTER. ANALYSES BY MIDWEST RESEARCH INSTITUTE REVEALED
THAT CONSUMER PERCEPTION OF BEVERAGE CONTAINERS IN LITTER SEEMED TO BE
BASED MORE ON THEIR VOLUME THAN THEIR NUMERICAL FREQUENCY OF OCCURRENCE.
/2/
SHORTLY AFTER THE BOTTLE BILL WAS PASSED IN 1971, LITTER SURVEYS WERE
MADE ON A MONTHLY BASIS BY THE OREGON STATE HIGHWAY DEPARTMENT. THESE
SURVEYS WERE CONTINUED AFTER ENACTMENT OF THE LEGISLATION SO THAT DATA
COULD BE OBTAINED ON THE EFFECTIVENESS OF THE LAW IN REDUCING THE
BEVERAGE CONTAINER PORTION OF LITTER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 025 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106973
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
/3/ SOURCE OREGON STATE HIGHWAY DEPARTMENT LITTER SURVEY.
RELEASE OF THESE DATA TO THE PUBLIC CAUSED CONSIDERABLE CONTROVERSY.
SOME INDUSTRY GROUPS CLAIMED THAT THE DATA COLLECTED PRIOR TO ENACTMENT
OF THE BOTTLE BILL WERE NOT COMPARABLE WITH THE DATA COLLECTED SINCE
OCTOBER 1, 1972, BECAUSE THE EARLY DATA INCLUDED BEVERAGE-RELATED PAPER
IN THE NONRETURNABLE CONTAINER TOTAL. THIS WAS QUESTIONED BY OFFICIALS
IN THE GOVERNOR'S OFFICE, AND IS AS YET UNRESOLVED. EVEN IF ONE ASSUMES
THAT THIS VIEW IS CORRECT, THERE IS LITTLE CHANGE IN THE BASIC RESULTS
OF THE LITTER ANALYSIS. BEVERAGE-RELATED ITEMS TOTALED LESS THAN 2
PERCENT OF THE TOTAL FOR THE PERIOD SINCE THE LAW WENT INTO EFFECT.
OTHER LITTER STUDIES, INCLUDING THE STUDY FOR KEEP AMERICAN BEAUTIFUL,
INC., BY RESEARCH TRIANGLE INSTITUTE, SHOWED BEVERAGE-RELATED PAPER AS
REPRESENTING BELOW 12 PERCENT OF TOTAL LITTER. A DEDUCTION OF EITHER
AMOUNT TO ADJUST THE FIGURES BEFORE THE BILL'S ENACTMENT PRODUCES ONLY A
MINOR CHANGE IN THE RESULTS.
PRELIMINARY COMPARISONS BETWEEN THE WINTER PRIOR TO ENACTMENT
(1971-1972) AND THE PRESENT WINTER (1972-1973), FOR EXAMPLE, REVEALED
THAT THE LAW HAD A SIGNIFICANT AND POSITIVE IMPACT ON LITTER IN OREGON
(TABLE 1). FOR THESE WINTER MONTHS FOR WHICH LITTER DATA WERE COLLECTED
IN 1971 AND 1972, BEVERAGE CONTAINERS AVERAGED 7,787 PER MONTH BASED ON
29 ONE-MILE SURVEYS.
A COMPARISON OF OREGON LITTER DATA BEFORE AND AFTER MINIMUM DEPOSIT
ACT /3/
TABLE OMITTED
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 026 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106974
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THIS REPRESENTED 269 ITEMS PER MILE PER MONTH. DATA FOR THE WINTER
AFTER ENACTMENT OF THELEGISLATION SHOWED A DEFINITE DROP. FOR THE THREE
WINTER MONTHS OF 1972 TO 1973, THERE WERE 1,274 CONTAINERS LITTERED PER
MONTH BASED ON 25 ONE-MILE SURVEYS, FOR AN AVERAGE OF 51 ITEMS PER MILE.
THIS WAS A DECREASE OF 81 PERCENT, OR 218 ITEMS PER MILE PER MONTH.
THE PROPORTION OF BEVERAGE CONTAINERS IN LITTER ALSO DROPPED
SIGNIFICANTLY, FROM 37 PERCENT BEFORE ENACTMENT TO 18.9 PERCENT AFTER
THE LAW WENT INTO EFFECT.
IT IS ALSO IMPORTANT TO CONSIDER THAT OF THE BEVERAGE CONTAINERS IN
LITTER SINCE ENACTMENT OF THE LAW, ONLY 24.1 PERCENT WERE RETURNABLE
BOTTLES. THE REMAINDER WERE NONRETURNABLES, PRESUMABLY PURCHASED BEFORE
ENACTMENT OF THE LAW AND STILL UNCOLLECTED. IF THESE NONRETURNABLE
CONTAINERS ARE DISREGARDED IN ORDER TO OBTAIN A MORE REALISTIC PICTURE
OF CURRENT LITTERING IN OREGON AS COMPARED WITH LITTERING BEFORE THE LAW
WAS PASSED, BEVERAGE CONTAINERS IN LITTER CAN BE SHOWN TO HAVE DECLINED
BY APPROXIMATELY 96 PERCENT (FROM 7,787 ITEMS TO 308 ITEMS).
IMPACT ON INDUSTRY
ALTHOUGH THE INITIAL EFFECTS OF THE LAW APPEAR TO INDICATE POSITIVE
LITTER REDUCTION, THE BOTTLE BILL HAS ALSO BEEN ATTENDED BY SOME
DISRUPTION IN THE BEVERAGE AND BEVERAGE CONTAINER INDUSTRIES. THE LAW
APPARENTLY AFFECTED CONTAINER USAGE AND SALES.
CONTAINER USAGE
PRIOR TO ENACTMENT OF THE BOTTLE BILL, THE OREGON NATIONAL SOFT DRINK
ASSOCIATION REPORTED THAT APPROXIMATELY 51 PERCENT OF ALL SOFT DRINKS
WERE SOLD IN REFILLABLE BOTTLES, 8 PERCENT IN NONREFILLABLE BOTTLES, AND
41 PERCENT IN CANS. THIS MIX OF CONTAINERS CHANGED SIGNIFICANTLY AFTER
OCTOBER 1, 1972. IN MARCH 1973, NO NONREFILLABLE SOFT DRINK BOTTLES
WERE BEING SOLD IN THE STATE. CANS HAD DECLINED TO LESS THAN 1 PERCENT
OF THE TOTAL SOFT DRINK MARKET. ONLY SHASTA BEVERAGES, A WAREHOUSE
BRAND DISTRIBUTOR, CONTINUED TO SELL SOFT DRINKS IN CANS.
IN DECEMBER 1971, THE OREGON LIQUOR CONTROL COMMISSION REPORTED THAT
APPROXIMATELY 35 PERCENT OF ALL BEER IN OREGON WAS SOLD IN CANS. DURING
THE FIRST MONTH OF ENACTMENT OF THE LAW, THE PERCENTAGE OF CANS
DECREASED TO 4.3 PERCENT. THIS PERCENTAGE DECLINED STILL FURTHER, AND
BY DECEMBER 1972, 99.5 PERCENT OF ALL BEER WAS BEING SOLD IN REFILLABLE
BOTTLES, WITH ONLY 0.5 PERCENT SOLD IN CANS. THIS SHIFT RESULTED IN
LOWER COST TO THE CONSUMER, AS BEER IN CANS SOLD IN MARCH 1973 AT SIX
FOR 1.58 DOLLARS INCLUDING A 30-CENT DEPOSIT WHILE CERTIFIED REFILLABLE
BOTTLES OF BEER SOLD AT SIX FOR 1.17 (INCLUDING A 12-CENT DEPOSIT).
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 027 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106975
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
BY MARCH 1973, THE OREGON MARKET HAD SEEN NEITHER A DECREASE IN SALES
NOR AN INCREASE IN PRICES SINCE THE LAW HAD GONE INTO EFFECT. IN FACT,
BEER SALES FOR THE FOURTH QUARTER OF 1972 SHOWED AN INCREASE OF 40,000
BARRELS OVER THE FOURTH QUARTER OF 1971, ACCORDING TO THE OREGON LIQUOR
CONTROL COMMISSION. (THIS REPRESENTED AN INCREASE IN BEER EXCISE TAXES
COLLECTED BY THE STATE OF OREGON OF 52,000 DOLLARS.) SALES OF SOFT
DRINKS, WHILE NOT INDICATING AN INCREASE, DID NOT INDICATE ANY
UNSEASONAL DECREASE EITHER.
AS OF MARCH 1973, RETAILERS IN THE STATE INDICATED THAT NO RETAIL
PRICES HAD INCREASED, AND OREGON CONSUMERS WERE PURCHASING BEER AND SOFT
DRINKS AT LOWER PRICES ON THE AVERAGE THAN PRIOR TO THE ENACTMENT OF THE
LAW. THIS IS BECAUSE REFILLABLE BOTTLES, WHICH NOW ACCOUNT FOR ALMOST
ALL OF BEER AND SOFT DRINK SALES, ARE CONSIDERABLY CHEAPER FOR THE
CONSUMER TO PURCHASE THAN NONREFILLABLE BOTTLES AND CANS.
THE METAL CONTAINER INDUSTRY HAS BEEN ADVERSELY AFFECTED BY THE
OREGON BOTTLE BILL. NATIONAL CAN CORPORATION, THE LARGEST METAL CAN
SUPPLIER TO THE OREGON MARKET PRIOR TO OCTOBER 1, 1972, HAD TO CLOSE ONE
OF ITS PLANTS IN YAKIMA, WASHINGTON. THIS, IN CONJUNCTION WITH MINOR
SHUTDOWN IN OTHER PLANTS SERVING THE AREA, RESULTED IN A TOTAL LAYOFF OF
82 EMPLOYEES.
GLASS CONTAINER MANUFACTURERS, WHILE GAINING IN MARKET SHARE HAVE HAD
TO CHANGE FROM NONREFILLABLES TO REFILLABLE BOTTLE PRODUCTION
EXCLUSIVELY. IF TRIPPAGE RATES ARE HIGH (IF EACH REFILLABLE BOTTLE IS
RETURNED AND REUSED MANY TIMES), THE GLASS CONTAINER INDUSTRY COULD
EXPERIENCE A SALES DECLINE. NO ESTIMATES ARE YET AVAILABLE ON THE
IMPACT OF THE LAW ON THIS INDUSTRY.
THE STATE OF OREGON HAD ONLY ONE CONTRACT CANNER, EMERALD CANNING
CORPORATION, PRIOR TO OCTOBER 1, 1972. EMERALD CANNING RECENTLY
ANNOUNCED THAT IT COULD NO LONGER CONTINUE TO CAN SOFT DRINKS.
APPROXIMATELY 60 EMPLOYEES WERE TERMINATED AS A RESULT. IT IS
ANTICIPATED THAT MUCH OF THE VOLUME ONCE SOLD IN CANS WILL BE SOLD IN
REFILLABLE BOTTLES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 028 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106976
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MAJOR SOFT DRINK BOTTLERS HAVE SAID THAT THE BILL HAS NOT ADVERSELY
AFFECTED THE SOFT DRINK BOTTLING INDUSTRY IN OREGON. MOST BOTTLERS
EXPERIENCED A GAIN IN MARKET SHARE, ALTHOUGH THIS REQUIRED INCREASED
INVESTMENT IN CAPITAL EQUIPMENT TO WASH, FILL, AND DELIVER REFILLABLE
BOTTLES. NO DATA WERE AVAILABLE CONCERNING EMPLOYMENT IMPACT ON THE
SOFT DRINK INDUSTRY, ALTHOUGH IT SEEMED LIKELY THAT ASSUMING NO SALES
DECLINE, EMPLOYMENT DECREASES IN THE CANNING SECTOR WOULD BE AT LEAST
PARTIALLY OFFSET BY EMPLOYMENT INCREASES IN BOTTLING PLANTS.
THE EFFECT OF THE OREGON LEGISLATION ON THE BREWING INDUSTRY HAS BEEN
MIXED. BREWERS OPERATING IN THE PACIFIC NORTHWEST HAVE BEEN FAVORED,
WHILE SHIPPING BREWERS (NATIONAL-BRAND BEER PRODUCERS WHO SHIP THEIR
BEER FROM OUTSIDE THE PACIFIC NORTHWEST HAVE SUFFERED ADVERSE EFFECTS.
APPROXIMATELY 88 PERCENT OF ALL NON-BULK BEER SALES IN THE STATE SINCE
OCTOBER 1 HAVE BEEN IN CERTIFIED 2-CENT DEPOSIT BOTTLES.
BRWERS WITHIN THE STATES OF OREGON AND WASHINGTON HAVE TRADITIONALLY
ACCOUNTED FOR APPROXIMATELY 81 PERCENT OF THE OREGON BEER MARKET. THESE
BREWERS, ALL OF WHOM HAVE SOLD BEER IN CERTIFIED CONTAINERS SINCE
OCTOBER 1, HAVE BEEN POSITIVELY AFFECTED BY THE BILL. BECAUSE OF THEIR
EFFICIENT DISTRIBUTION SYSTEMS, AND BECAUSE THE SHIPPING DISTANCE FROM
THE OREGON MARKET TO THESE NORTHWEST BREWERIES HAS BEEN MINIMAL, THE
REGIONAL BREWERS HAVE BEEN ABLE TO ACQUIRE AS MANY 2-CENT DEPOSIT
BOTTLES AS THEY CAN USE. SINCE NEW REFILLABLE BOTTLES COST AS MUCH AS
FIVE TIMES THE DEPOSIT VALUES, THESE -RWERS HAVE EXPERINECED A
SUBSTANTIAL DECREASE IN COSTS.
SHIPPING BREWERS, ON THE OTHER HAND, HAVE NOT BEEN ABLE TO SHIP
REFILLABLE BOTTLES TO AND FROM OREGON ECONOMICALLY, NATIONAL BREWING
COMPANY, LOCATED IN PHOENIX, ARIZONA, FOR EXAMPLE, INCREASED ITS
SHIPPING COSTS INTO OREGON BY 38 PERCENT (FROM 32 TO 44 CENTS PER CASE)
DUE TO THE WEIGHT AND BREAKAGE FACTORS ASSOCIATED WITH REFILLABLE
CONTAINER DISTRIBUTION. THE COST OF RETURNING THE EMPTY CONTAINERS TO
PHOENIX WOULD BE AN ADDITIONAL 28 CENTS. THE ECONOMICS ASSOCIATED WITH
SELLING NONREFILLABLE BOTTLES OR CANS OF BEER IN OREGON WERE, HOWEVER,
WORSE FOR THE BREWING INDUSTRY, AND ALL BREWERS WERE USING REFILLABLE
CONTAINERS FOR THEIR OREGON SALES.
MOST SHIPPING BREWERS HAVE ALSO EXPERIENCED LOW RETURN RATES PARTLY
BECAUSE OF THE SPEED WITH WHICH REGIONAL BREWERS HAVE BEEN PURCHASING
RETURNED BOTTLES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 029 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106977
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
NO DATA ARE YET AVAILABLE, HOWEVER, ON THE SPECIFIC COSTS AND
ENVIRONMENT IMPACTS ASSOCIATED WITH THE BREWING INDUSTRY.
OREGON FOOD RETAILERS HAVE ALREADY BEEN MUNDATED WITH EMPTY BEER AND
SOFT DRINK CONTAINERS. THIS HAS, QUITE NATURALLY, RESULTED IN INCREASED
COSTS TO THE RETAILER FOR HANDLING THE RETURNED BOTTLES. SOME
ADDITIONAL MARKUP MAY BE REQUIRED TO COMPENSATE THE STORE FOR THESE
ADDITIONAL COSTS, ALTHOUGH NO INCREASES IN PRICE WERE PASSED ON TO THE
CONSUMER AS OF MARCH 1973.
RETAILERS HAVE ALSO HAD SUBSTANTIAL SPACE PROBLEMS DUE TO THE
ADDITIONAL QUANTITITES OF RETURNED CONTAINERS. INCREASED PICKUPS AND
DELIVERIES BY BOTTLERS WERE EXPECTED TO MINIMIZE THE SPACE PROBLEM.
OREGON'S BOTTLE BILL HAS NOW BEEN IN EFFECT FOR 6 MONTHS. CERTAIN
TRENDS HAVE BEGUN TO EMERGE, AND DATA ARE BECOMING AVAILABLE TO ASSESS
THE EFFECTIVENESS AND IMPACTS OF THE LAW. THE FOLLOWING RESULTS CAN
NEVERTHELESS BE POINTED TO AT THIS TIME:
THE BEVERAGE CONTAINER PORTION OF LITTER DECREASED BY AT LEAST 49
PERCENT BETWEEN WINTER OF 1971 TO 1972 AND WINTER OF 1972 TO 1973.
CONTAINER USAGE HAS BEEN DRAMTICALLY ALTERED BY THE LAW. LESS THAN 1
PERCENT OF ALL SOFT DRINKS AND 0.5 PERCENT OF ALL BEER WAS BEING SOLD IN
CANS AS OF MARCH 1973.
THE ENACTMENT OF THE LAW HAS BEEN ATTENDED BY AN INITIAL LOSS OF 142
JOBS. A SIZEABLE NUMBER OF NEW JOBS MAY BE CREATED IN THE BOTTLING
INDUSTRY TO OFFSET THESE LOSSES.
MORE DATA WILL DOUBTLESS BE FORTHCOMING IN THE MONTHS AHEAD. TO
ASSIST IN THE ACCUMULATION AND ANALYSIS OF THESE DATA, THE U.S.
ENVIRONMENTAL PROTECTION AGENCY IS PROVIDING THE STATE OR OREGON WITH A
GRANT TO EVALUATE THE EFFECTIVENESS AND IMPACT OF THE LAW. IT IS
ANTICIPATED THAT THIS STUDY WILL PROVIDE AN OBJECTIVE AND DEFINITIVE
ASSESSMENT OF ALL THE COSTS AND BENEFITS ASSOCIATED WITH THE OREGON
MINIMUM DEPOSIT ACT.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 030 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106978
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. SELLINGER. OUR SALES ARE UP 61.7 PERCENT FOR THE FIRST 4 MONTHS
OF 1974 AND THE BLITZ BREWERY SALES ARE DOWN 8.7.
LET ME GIVE YOU MY OPINION OF WHY THAT HAPPENS. ANHEUSER-BUSCH
ALWAYS PAKAGED BEER IN OREGON IN 12-OUNCE CONTAINERS; BOTTLES LIKE
THIS. MICHELOB LIKE THAT, REGULAR RETURNABLE BOTTLE THAT I SHOWED YOU
AND CANS. WE WERE ALWAYS HIGHER PRICED THAN THE LOCAL BEERS.
THE NEW OREGON LAW REQUIRED THAT IN ORDER TO USE A RETURNABLE -- THE
BREWER HAD TO HAVE A BOTTLE THAT WOULD BE ACCEPTABLE TO ALL BREWERIES.
SO WE THEN WENT INTO THE REGULAR BOTTLE THAT BLITZ HAD WHICH IS A
11-OUNCE RETURNABLE BOTTLE.
WHEN WE SELL 11 OUNCES OF BEER WE DON'T CHARGE THE SAME PRICE WE DO
FOR 12 OUNCES OF BEER. SO WE REDUCED THE PRICE. THE CONSUMER THOURHGT
HE WAS GETTING A BARGAIN. YET OUR BEER WAS STILL HIGHER COST THAN
THEIRS (BLITZ). THAT IS THE REASON OUR SALES ARE UP.
PEOPLE WERE HAVING A CONTAINER OF BEER, NOT OUNCES OF BEER. THEY ARE
STILL DOING THAT.
SENATOR DOMENICI. MOST OF COORS IS 11.
MR. SELLINGER. NOT ANY MORE. ALL 12 NOW. YES EVERYWHERE. THEY ARE
NOT IN THE STATE OF OREGON.
OUR SALES HAVE NOT SUFFERED. WE HAVE LED THE MARKETPLACE IN PRICE
INCREASES BECAUSE OF OUR LOSS OF CONTAINERS. WE ARE GETTING BACK 40
PERCENT OF OUR CONTAINERS FROM OREGON. I BROUGHT PICTURES WITH ME TO
SHOW IF WE HAD TIME WHERE OUR BOTTLES ARE GOING, BOTTLES THAT COST US A
LOT MORE THAN 2 CENTS EACH. THEY ARE GOING TO THE LOCAL BREWERY. HE
HAS A WAREHOUSE FULL OF THEM. HE IS PICKING THEM UP CONSTANTLY. I
SHOWED SLIDES DURING THE HATFIELD HEARINGS, TO VERIFY THAT STATEMENT.
WE TOOK PICTURES IN BLITZ'S WAREHOUSE. WE REALIZED WE HAD TO INCREASE
THE PRICE OF BEER. WE ARE NOT GETTING OUR CONTAINERS BACK. WE HAVE TO
SHIP THEM 1,200 MILES.
IN SPITE OF THAT OUR SALES ARE INCREASING WHEREAS THE LOCAL BREWER
SALES ARE DECREASING.
SO SHOULD WE BE SELFISH AND SAY WE ARE IN FAVOR OF RETURNABLE BOTTLE
SYSTEMS? WE ARE SAYING GIVE THE CONSUMER WHAT HE WANTS. LET HIM
DECIDE.
SENATOR STAFFORD. DO YOU HAVE ANY SIMILAR FIGURES ON YOUR EXPERIENCE
IN VERMONT?
MR. SELLINGER. TOTAL SALES IN THE STATE OF VERMONT ARE DOWN
DRASTICALLY MAINLY BECAUSE PEOPLE ARE GOING ACROSS THE VERMONT BORDER
AND BUYING BEER IN NEW HAMPSHIRE AND OTHER BORDERING STATES. OUR SALES
ARE DOWN IN ALL PACKAGES IN VERMONT.
SENATOR STAFFORD. LET ME ASK YOU ONE FINAL QUESTION. I SEE WE HAVE
A VOTE IN THE SENATE. WE MAY HAVE TO RECESS HERE TEMPORARILY.
ON THE BASIS OF YOUR OREGON EXPERIENCE, IF THE NATION WENT TO
RETURNABLE BOTTLES IT WOULD APPEAR TO ME THAT YOU WOULD SUFFER NO
COMPETITIVE EDGE WITH THE OTHER COMPANIES.
MR. SELLINGER. OUR OWN COMPANY? NO. WE WOULD NOT. THE ONLY ONE
THAT WOULD SUFFER IS THE CONSUMER. I STATED WHILE YOU WERE OUT, THAT TO
CONVERT OUR PLANT AT JACKSONVILLE, THAT WOULD PUT OUT NO MORE BEER AND
THEREFORE NO MORE ECONOMIC ADVANTAGE TO US, IT WOULD COST US 81 MILLION
DOLLARS. THAT IS FOR 5 MILLION BARRELS OF ANNUAL SALES. IF I PRORATE
THAT TO A PRODUCTION OF OUR ANNUAL SALES OF 35 MILLION BARRELS OR SEVEN
TIMES THAT IT IS 350 MILLION DOLLARS, BUT IT IS EVEN GOING TO BE MORE
THAN THAT BECAUSE CERTAIN OF OUR PLANTS DO NOT HAVE THE LAND FACILITIES
TO EXPAND. FOR INSTANCE, IN ST. LOUIS WE ARE LANDLOCKED. WHERE DO WE
GO?
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 031 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106979
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SENATOR STAFFORD. THANK YOU VERY MUCH. I APPRECIATE YOUR ASSISTANCE
FOR THIS PANEL.
GENTLEMEN, WE UNDERSTAND THERE IS ONE MORE WITNESS ON THIS PANEL WHO
HAS NOT YET HAD A CHANCE TO SPEAK. IF YOU WOULD FORGIVE US FOR THE
INTERRUPTION, AND IF YOU ARE ABLE TO DO SO, THIS SENATOR WILL GO OVER
AND VOTE AND COME BACK AND WE WILL RECESS UNTIL I GET BACK HERE AND THEN
WE WILL CONCLUDE THE MORNING HEARINGS.
IS THAT AGREEABLE, GENTLEMEN?
THEN THE COMMITTEE WILL STAND IN RECESS TEMPORARILY PENDING CALL OF
THE CHAIR.
(BRIEF RECESS.)
AFTER RECESS
SENATOR STAFFORD (PRESIDING). THE PANEL WILL COME TO ORDER.
THE CHAIR WILL NOW INVITE MR. STROH OF STROH BREWERY CO. OF DETROIT,
MICH., TO PROCEED EITHER BY READING YOUR STATEMENT OR BY INCORPORATING
IT IN THE RECORD AND SPEAKING EXTEMPORANEOUSLY, WHICHEVER YOU PREFER.
MR. STROH. THANK YOU VERY MUCH, SENATOR STAFFORD.
MY NAME IS PETER STROH. I AM THE PRESIDENT OF OUR FAMILY'S BREWERY,
THE STROH BREWERY CO. OF DETROIT.
I AM CHAIRMAN OF THE UNITED STATES BREWERS ASSOCIATION, INC., AND IT
IS IN THAT CAPACITY THAT I AM HERE TODAY.
I AM VERY GRATEFUL FOR THIS OPPORTUNITY TO EXPRESS SOME PERSONAL
THOUGHTS ABOUT CERTAIN PERSISTENT PROBLEMS WHICH HAVE BEEN OF GREAT
CONCERN TO OUR INDUSTRY IN RECENT YEARS. THESE PROBLEMS GROW OUT OF
EVERYONE'S WORRIES ABOUT THE LITTER, SOLID WASTE, AND ENERGY
IMPLICATIONS OF BEVERAGE CONVENIENCE PACKAGING.
AS ALL OF YOU KNOW, WELL-INTENTIONED EFFORTS TO ATTACK THESE PROBLEMS
USUALLY TAKE THE FORM OF ATTEMPTS TO BAN, TAX, OR PLACE DEPOSITS ON BEER
AND SOFT DRINK CONVENIENCE PACKAGING. OUR INDUSTRY AND ITS SOFT DRINK
COUNTERPART HAVE VIGOROUSLY RESISTED THESE ATTEMPTS TO CHANGE OUR
DISTRIBUTION SYSTEM AND RIGHTFULLY SO. SUCH APPROACHES CAN ONLY RESULT
IN VERY SERIOUS ECONOMIC DISLOCATION, THE SEVERE PENALIZING OF OUR
CUSTOMERS WHO MUST ULTIMATELY PAY THE COST, APPROXIMATELY 1 BILLION
DOLLARS ANNUALLY, AND RATHER DOUBTFUL IMPROVEMENTS IN THE PROBLEMS
ASSOCIATED WITH OUR PRESENT PACKAGING. AT THE SAME TIME, THE BEVERAGE
INDUSTRIES HAVE SUPPORTED WIDE-RANGING EFFORTS TO DEVELOP MORE EFFECTIVE
ANTILITIER PROGRAMS SUCH AS PITCH IN. AND THE ARM PROJECT AND MORE
POSITIVE APPROACHES TO THE ENVIRONMENTAL PROBLEMS ASSOCIATED WITH
CONVENIENCE PACKAGING.
AS A RESULT OF THESE LATTER EFFORTS AND PARTICULARLY THE WORK BEING
DONE AT THE NATIONAL CENTER FOR RESOURCE RECOVERY WHICH THE BREWING
INDUSTRY WAS INSTRUMENTAL IN FOUNDING, IT IS BECOMING APPARENT THAT A
NEW BASIS FOR GETTING BETTER CONTROL OVER THE PROBLEMS OF ENERGY, SOLID
WASTE, AND LITTER MAY EXIST, A BASIS THAT WILL PROTECT OUR EXISTING
DISTRIBUTION SYSTEMS, AS WELL. STUDIES CURRENTLY UNDERWAY ARE BEGINNING
TO SUGGEST THAT THREE OR FOUR TIMES MORE ENERGY WILL BE SAVED BY MOVING
FORWARD TOWARD MUNICIPAL RECYCLING SYSTEMS IN AMERICA'S URBAN AREAS
WHERE 65 PERCENT OF ALL PACKAGING RELATED WASTES ARE GENERATED THAN BY
MOVING BACKWARD TO THE RETURNABLE SYSTEM ADVOCATED BY SO MANY CRITICS OF
THE BEVERAGE INDUSTRY.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 032 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106980
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SPEAKING BRAODLY, THE AMOUNTS OF MONEY REQUIRED WOULD BE THE SAME --
SOMETHING ON THE ORDER OF APPROXIMATELY 5 BILLION DOLLARS IN EACH CASE.
IN ADDITION, THE TIME REQUIRED WOULD BE APPROXIMATELY THE SAME --
SOMEWHERE BETWEEN 5 AND 10 YEARS, EITHER TO PROVIDE WASTE RECYCLING
FACILITIES IN EVERY MAJOR METROPOLITAN AREA OR TO PRODUCE RETURNABLE
PACKAGING FACILITIES WHEREVER BEVERAGES ARE PRODUCED AND PACKAGED.
THE CONTRAST, HOWEVER, IN BENEFITS TO BE ACHIEVED BY ONE COURSE AS
OPPOSED TO THE OTHER IS VERY DRAMATIC INDEED. PLEASE REMEMBER, BY
MOVING FORWARD, THREE OR FOUR TIMES AS MUCH ENERGY CAN BE SAVED AS BY
MOVING BACKWARD.
THE REASONS FOR THIS ARE SIMPLE. WHEN WE RETURN TO RETURNABLES, THE
ENERGY SAVINGS ARE LIMITED TO WHATEVER SAVINGS MAY ACTUALLY DEVELOP FROM
THE SUBSTITUTION OF AN ALL-RETURNABLE SYSTEM FOR OUR PRESENT
DISTRIBUTION METHODS. ON THE OTHER HAND, WHEN WE MOVE FORWARD, WE NOT
ONLY ACHIEVE RECYCLING OF 65 PERCENT OF ALL OF THE GLASS, ALUMINUM, AND
STEEL BEVERAGE CONTAINERS WHICH ARE IN MUNICIPAL WASTE STREAMS, BUT WE
MAKE POSSIBLE THE RECYCLING OF ALL SIMILAR CONTAINERS WHICH HAVE BEEN
USED FOR THE PURPOSE OF PACKAGING PRODUCTS OTHER THAN BEER AND SOFT
DRINKS.
IN ADDITION, THERE ARE THE ENERGY RECOVERIES ASSOCIATED WITH THE
ORGANIC PORTION OF THE MUNICIPAL WASTE STREAM AFTER THE INORGANIC
MATERIAL HAS BEEN SEPARATED FROM IT. ON A POUND-FOR POUND BASIS, THIS
ORGANIC PORTION HAS AN ENERGY CONTENT AT LEAST HALF THAT OF COAL AND CAN
EITHER BE CONVEFTED DIRECTLY INTO STEAM OR ELECTRICAL POWER, OR
INDIRECTLY AS A RESULT OF ITS CONVERSION INTO GAS OR OIL FIRST.
INTERESTINGLY ENOUGH, THE INVESTMENT REQUIRED TO RECOVER THE ENERGY
IN THE MUNICIPAL WASTE STREAM REPRESENTS ONE OF THE BEST ENERGY-RELATED
INVESTMENTS THIS COUNTRY CAN MAKE. RECENTLY, THE NATIONAL ACADEMY OF
ENGINEERS AND THE NATIONAL ACADEMY OF SCIENCES INDICATED OUR COUNTRY
WOULD HAVE TO SPEND 500 BILLION DOLLARS OR 6 BILLION DOLLARS FOR EACH
PERCENT INCREASE IN ENERGY SUPPLY. ONLY 5 BILLION DOLLARS SPENT FOR
ENERGY RECOVERY FROM THIS COUNTRY'S MUNICIPAL WASTE STREAMS, HOWEVER,
WILL PRODUCE 2.5 PERCENT OF THE INCREASE IN THE AMOUNT OF ENERGY
AVAILABLE TO MEET FUTURE NEEDS. WHAT WE ARE TALKING ABOUT HERE MAKES
SENSE NOT ONLY FROM AN ENVIRONMENTAL POINT OF VIEW, BUT FROM THE POINT
OF VIEW OF NATIONAL ENERGY POLICY, AS WELL. THUS, SOLUTIONS ARE
BECOMING FEASIBLE FOR NOT ONLY THE PROBLEM OF BEVERAGE-RELATE SOLID
WASTE, BUT FOR ALL MUNICIPAL SOLD WASTE, AS WELL. FURTHERMORE, WHEN YOU
CONSIDER THE RELATIVELY MINOR ROLE WHICH BEVERAGE PACKAGING PLAYS IN
MUNICIPAL SOLID WASTE, IT IS PROBABLY FAIR TO SAY THAT MOVING FORWARD
WILL BE 10 TO 15 TIMES AS EFFECTIVE IN REDUCING SOLID WASTE AS MOVING
BACKWARDS.
IN ADDITION, MOVING FORWARD TOWARD MUNICIPAL RESOURCE RECOVERY
SYSTEMS WHEREVER PRACTICALBE WILL ULTIMATELY PRODUCE VERY SIGNIFICANT
SAVINGS OVER PRESENT AND PROJECTED MUNICIPAL WASTE HANDLING COSTS. THE
STATE OF CONNECTICUT HAS RECENTLY COMMITTED ITSELF TO A 270 MILLION
DOLLAR PROGRAM TO TREAT ALL OF THE MUNICIPAL WASTES GENERATED IN
CONNECTICUT'S URBAN COMMUNITIES IN A SERIES OF REGIONAL RESOURCE
RECOVERY CENTERS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 033 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106981
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IT IS ESTIMATED THAT THESE CENTERS WILL SAVE CONNECTICUT'S
COMMUNITIES AT LEAST 100 MILLION DOLLARS BEFORE 1985. IF CONNECTICUT'S
SAVINGS ARE PROJECTED OVER URBAN AMERICA AS A WHOLE THE AMOUNT OF MONEY
THAT OUR COUNTRY MIGHT SAVE OVERALL WOULD BE ON THE ORDER OF 6 TO 7
BILLION DOLLARS DURING THE SAME PERIOD OF TIME. THESE SAVINGS REPRESENT
WHAT WE CALL THE ENVRIONMENTAL DIVIDEND. THIS MONEY MIGHT BE USED NOT
ONLY TO SUPPORT MORE EFFECTIVE ANTILITTER PROGRAMS, INCLUDING MORE
FREQUENT CLEANUP AND SERVICE FOR OUR METROPOLITAN COMMUNITIES WHERE 80
PERCENT OF THE LITTER IS LOCATED AND WHERE THESE THINGS HAVE SUFFERED AS
A RESULT OF THE CITIES' FISCAL CRISES IN RECENT YEARS, BUT ALSO GREATLY
STEPPED-UP EFFORTS TO PROMOTE THE THREE E'S SO IMPORTANT TO ANY
ANTILITTER PROGRAM -- EDUCATION, ENFORCEMENT AND EQUIPMENT, AS WELL.
IN THIS WAY, BY MOVING FORWARD, WE BEGIN TO SEE THE OUTLINES OF A
POSITIVE APPROACH TO THE SOLUTION OF THE PROBLEMS ASSOCIATED WITH
BEVERAGE-RELATED ENERGY DEMANDS SOLID WASTE DISPOSAL AND LITTER
PROBLEMS. IN ADDITION, FUNDS SHOULD BECOME AVAILABLE FOR OTHER
ENVIRONMENTALLY SOUND PROJECTS AS WELL. OUR COUNTRY HAS ALMOST
UNLIMITED OPPORTUNITITES TO IMPROVE THE EXISTING ENVIRONMENT, BUT VERY
RESTRICTED RESOURCES AVAILALBE TO MEET THESE CHALLENGES. FOR THESE
REASONS, FUNDS ALLOCATED FOR ENVIRONMENTAL IMPROVEMENT MUST BE HUSBANDED
VERY CAREFULLY.
IT WILL BECOME INCREASINGLY OBVIOUS IN THE COMING MONTHS THAT MOVING
FORWARD TOWARD RESOURCE RECOVERY SYSTEMS WILL BE A FAR MORE COST
EFFECTIVE SOLUTION TO THOSE VERY REAL ENVIRONMENTAL PROBLEMS THAT
CONCERN US ALL THAN MOVING BACKWARD TO RETURNABLE SYSTEMS. SOMEONE WILL
SURELY ASK. "WHY SHOULDN'T WE DO BOTH THAT IS TO SAY, SUPPORT MUNICIPAL
RECYCLING FACILITIES AND ELIMINATE ONE-WAY BEVERAGE PACKAGING AS WELL?"
THE ANSWER IS THAT ONCE WE HAVE EFFECTIVE MUNICIPAL SYSTEMS, THERE ARE
NOT SIGNIFICANT SOLID WASTE BENEFITS TO BE ACHIEVED, AND ANY ENERGY
SAVINGS ARE DEBATABLE, PARTICULARLY IN VIEW OF THE PROGRESS BEING MADE
TOWARD CONVENIENCE PACKAGING SYSTEMS THAT WILL USE LESS ENERGY, WHEN
COMBINED WITH MUNICIPAL RECYCLING, THEN THE RETURNABLE SYSTEM.
AS FOR LITTER, ALL PROPOSED SOLUTIONS TO THAT PROBLEM, INCLUDING
OREGON'S REQUIRE INCREASED EDUCATIONAL EFFORTS, MORE EQUIPMENT AND
BETTER ENFORCEMENT, TOGETHER WITH GREATLY STEPPED-UP CLEANUP, AS WELL.
IT HAS BEEN CLEARLY ESTABLISHED THAT LITTER BEGETS LITTER AND THAT MUCH
OF THE LITTER THAT PROMPTS THE THOUGHTLESS DISPOSAL OF BEVERAGE
CONTAINERS STEMS FROM MESS THAT SHOULD HAVE BEEN AND WILL HAVE TO BE
CLEANED UP IN ANY CASE BEFORE BEHAVIOR PATTERNS CAN BE CHANGED. THUS,
RETURNING TO RETURNABLES CAN BE EFFECTIVE ONLY TO A DEGREE, ONCE
MUNICIPAL RECYCLING SYSTEMS COME INTO BEING. TO SPEND 5 BILLION DOLLARS
TO ACHIEVE RELATIVELY LIMITED BENEFITS WOULD BE TO SQUANDER PRECIOUS
FUNDS THAT COULD BE BETTER USED TO IMPROVE OUR ENVIRONMENT IN OTHER, FAR
MORE IMPORTANT PROBLEM AREAS.
LOOKING AT THE PROBLEMS OF CONVENIENCE PACKAGING FROM A SOMEWHAT
BROADER PERSPECTIVE, THERE APPEAR TO BE FOUR AL-ERNATIVE APPROACHES:
(1) TO DO NOTHING, (2) TO RETURN TO RETURNABLES, (3) TO MOVE FORWARD TO
MUNICIPAL RECYCLING, AND (4) TO DO BOTH, THAT IS TO SAY, GO FORWARD AND
BACK. LET US TAKE A LOOK AT EACH, IN TURN.
TO DO NOTHING WILL COSTTHE AMERICAN PEOPLE APPROXIMATELY 15 BILLION
DOLLARS TO DEVELOP ENERGY EQUIVALENT TO 2.5 PERCENT OF OUR GROWTH
REQUIREMENTS UNDER PROJECT INDEPENDENCE FROM COSTLY ALTERNATIVE SOURCES.
AT THE SAME TIME THIS ENORMOUS INVESTMENT WILL PROVIDE ABSOLUTELY NO
HELP WHATSOEVER FOR THE PACKAGING RELATED PROBLEMS OF ENERGY, SOLID
WASTE, AND LITTER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 034 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106982
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IF WE RETURN TO RETURNABLES, IT WILL COST OUR COUNTRY APPROXIMATELY
20 BILLION DOLLARS. 15 BILLION DOLLARS FOR ENERGY DEVELOPMENT FROM THE
MOST COSTLY SOURCES, PLUS 5 BILLION DOLLARS TO COVER ALL OF THE COST
ASSOCIATED WITH RETURNING TO RETURNABLES.
IF WE MOVE FORWARD TO MUNICIPAL RECYCLING, HOWEVER, IT WILL ONLY COST
US APPROXIMATELY 5 BILLION DOLLARS, AND IT WILL SAVE US THE 15 BILLION
DOLLARS REQUIRED TO DEVELOP ENERGY FROM COSTLY ALTERNATIVE SOURCES.
THIS IS BECAUSE A 5 BILLION DOLLAR INVESTMENT IN A RESOURCE RECOVERY
SYSTEM WOULD ALSO YIELD NEW ENERGY EQUIVALENT TO 2.5 PERCENT OF A TOTAL
GROWTH REQUIREMENT. THE PRODUCTIVITY OF A DOLLAR INVESTMENT IN AN
ENERGY/RESOURCE RECOVERY SYSTEM IS APPROXIMATELY THREE TIMES THAT OF AN
AVERAGE DOLLAR INVESTMENT IN THE ENRGY SYSTEMS DISCUSSED IN THE NATIONAL
ACADEMY OF ENGINEERING STUDY. IF THE ENERGY RECOVERABLE FROM MUNICIPAL
WASTE IS DEVELOPED, THEN THE MOST COSTLY ENERGY PROPOSED TO MEET OUR
NEEDS WITHIN THE FRAMEWORK OF PROJECT INDEPENDENCE WILL NOT HAVE TO BE
DEVELOPED. OR, TO PUT IT THE OTHER WAY AROUND, IF THIS ENERGY FROM
MUNICIPAL WASTE IS NOT RECOVERED, WE WILL HAVE TO PAY APPROXIMATELY 15
BILLION DOLLARS TO DEVELOP ENERGY FROM OTHER SOURCES, AND IN THAT
PROCESS, POSSIBLY CREATE MORE SERIOUS ENVIRONMENTAL PROBLEMS THAN THOSE
WE ARE TRYING TO SOLVE HERE. IN ADDITION, MOVING FORWARD TOWARD
MUNICIPAL RECYCLING WILL MAKE POSSIBLEMORE PROGRESS TOWARD THE SOLUTIONS
OF THE ENERGY, SOLID WASTE, AND LITTER PROBLEMS ASSOCIATED WITH
CONVENIENCE PACKAGING THAN ANY OF THE PRECEDING ALTERNATIVES.
THE LAST ALTERNATIVE, GOING FORWARD AND GOING BACK, WILL COST 10
BILLION DOLLARS AND WILL SAVE 15 BILLION DOLLARS. AT FIRST GLANCE, THAT
MIGHT SEEM ATTRACTIVE, BUT UPON CLOSER EXAMINATION, IT BECOMES APPARENT
THAT THERE IS NO SIGNIFICANT BENEFIT TO BE ACHIEVED OVER OUR THIRD
ALTERNATIVE BY AN INCREMENTAL EXPENDITURE OF 5 BILLION DOLLARS. THAT
ADDITIONAL MONEY CAN AND SHOULD BE MUCH MORE WISELY SPENT ON OTHER
EQUALLY DESIRABLE ENVIRONMENTAL OBJECTIVES.
IN THE CONTEXT OF TODAY'S HEARINGS, OUR VIEW AND THE VIEW OF THE
MEMBERS OF THE U.S. BREWERS ASSOCIATION IS THAT SENATE BILL 3560, IF
ADOPTED, WILL SOLVE IN LARGE MEASURE THE PROBLEM WITH WHICH WE ARE
CONCERNED. IT WILL ACCELERATE THE CONSTRUCTION OF ENERGY AND RESOURCE
RECOVERY SYSTEMS. FEDERAL ASSISTANCE IS ESSENTIAL HERE. IT HARDLY
NEEDS REPEATING THAT THE CITIES AND TOWNS OF THE NATION ARE IN DIRE
STRAITS FINANCIALLY AND OFTEN HAVE NO FUNDS OF THEIR OWN AVAILABLE TO
FINANCE SUCH PROJECTS.
THEN TOO, MARKETS FOR RECOVERED RESOURCES WILL BE GUARANTEED AND THE
CONSUMER'S FREEDOM OF CHOICE WILL BE PRESERVED. WE ARE OPPOSED TO
PORTIONS OF S. 3549 AND S. 3277, PARTICULARLY THOSE SECTIONS WHICH WE
BELIEVE WILL RESULT IN A BAN ON CERTAIN OF THE BEVERAGE CONTAINERS NOW
IN USE AND A DESTRUCTION OF THE BEVERAGE INDUSTRY DISTRIBUTION SYSTEM AS
WE NOW KNOW IT.
I APPRECIATE YOUR COURTESY AND THANK YOU FOR THIS OPPORTUNITY TO
PRESENT OUR INDUSTRY'S VIEWS TODAY. I WILL BE HAPPY TO ANSWER ANY
QUESTIONS WHICH MY REMARKS HAVE ENGENDERED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 035 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106983
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SENATOR DOMENICI. THANK YOU VERY MUCH, MR. STROH. I WANT TO
APOLOGIZE IN BEHALF OF THE PANEL FOR THE MERRY-GO-ROUND THAT WE ARE
PLAYING UP HERE. BUT YOU CATCH US IN IMPOSSIBLE SITUATIONS. WE EITHER
HAD TO EXCUSE YOU AND START OVER AT 2 OR DO THE BEST WE COULD NOW.
CAN I JUST HAVE A FEW QUESTIONS OF THE PANEL GENERALLY?
I ASKED MR. SELLINGER SOME QUESTIONS ABOUT THE EFFECT AND IMPACT OF
ADVERTISING UPON THE CONSUMER HABITS. HE GAVE ME A VERY GENERAL ANSWER.
I ACCEPT IT. HIS REASONS AS TO WHY ANHEUSER-BUSCH PUT AS MUCH MONEY IN
ADVERTISING RETURNABLES AS UNRETURNABLES SEEMED RATHER UNIQUE. BUT I
ACCEPT THAT THEY ARE DOING THAT.
COULD YOU ALL ADDRESS YOURSELVES IN TURN TO THAT KIND OF QUESTION IN
TERMS OF HOW THE INDUSTRIES YOU REPRESENT FEEL ABOUT THE RESPONSIBILITY
TO PROMOTE RETURNABLE BOTTLES OR RETURNABLE CONTAINERS EVEN THOUGH THE
ECONOMICS MAY BE AS HE DESCRIBED IT? I THINK WE ALL AGREE THERE IS SOME
CONCERN ABOUT THE LITTER AT THIS POINT AND ABOUT SOLID WASTE DISPOSAL
AND SOME CONCERN WITH THE DWINDLING RESOURCES OF OUR COUNTRY AS MR. LEE
EXPRESSED IN HIS STATEMENT.
COULD YOU TELL US SOMETHING ABOUT THIS ASPECT OF THE PROBLEM THAT WE
ARE TALKING ABOUT HERE?
MR. MUDD. I WANTED TO GIVE YOU TWO EXAMPLES OF THE THINKING ON THAT
PARTICULAR SUBJECT BECAUSE I WAS VERY INTERESTED IN YOUR LINE OF
QUESTIONING WHEN YOU WERE TALKING TO MR. SELLINGER. I THINK THAT
INDUSTRY HAS A RESPONSIBILITY TO MAKE KNOWN TO THE BUYING PUBLIC THE
AVAILABILITIES THAT ARE THERE AND THE AVAILABILITY PARTICULARLY OF ANY
NEW CONCEPT IN THE MERCHANDISING OF A PRODUCT.
IF WE ARE SWITCHING FROM ONE CONTAINER TO ANOTHER CERTAINLY THE
PUBLIC SHOULD BE NOTIFIED. IF YOU THINK ABOUT OUR INDUSTRY -- AND I AM
SPEAKING NOW OF THE SOFT DRINK INDUSTRY WE OPERATE BASICALLY UNDER A
FRANCHISE SYSTEM, THE NATIONAL BRANDS DO. IT IS A LITTLE BIT DIFFERENT
FROM THE DISTRIBUTION OF A PRODUCT BY GENERAL FOODS WHERE THE
MANUFACTURER CAN CONTROL IT THROUGHOUT THE COUNTRY.
SO OUR CONDITION IS ONE OF HAVING IN OUR INDUSTRY PERHAPS 2,600
DIFFERENT BOTTLING COMPANIES ACROSS THE UNITED STATES, EACH CARRYING
DIFFERENT BRANDS AND DIFFERENT COMBINATIONS OF BRANDS AND LOOKING TO
WHAT COULD BEST BE CALLED A UNIFORM ADVERTISING APPROACH TO THE
CONSUMING PUBLIC ACROSS THE WHOLE 50-STATE SPECTRUM.
IF YOU ARE GOING TO ADVERTISE COCA-COLA OR BRANDS SUCH AS MINE, 7-UP,
ACROSS THE UNITED STATES, YOU MUST RECOGNIZE THAT IN VARIOUS PORTIONS OF
THE COUNTRY THE MIX IN PACKAGING WHICH HAS BEEN DICTATED BY THE CONSUMER
IN THE MARKETPLACE IS VASTLY DIFFERENT, VARYING BY LOCATION THROUGHOUT
THE COUNTRY AND DEPENDENT ALWAYS UPON WHAT THE CONSUMER HAS TOLD US SHE
WOULD BUY IN THE STORE BY HER ELECTION WHEN SHE GOES BY WITH THE MARKET
BASKET.
IF WE ARE GOING TO ADVERTISE ON A NATIONAL NETWORK PROGRAM THE
AVAILABILITY OF 7-UP AND ADVANCE OUR REASONS WHY WE THINK THAT CONSUMER
SHOULD PURCHASE 7-UP IN PLACE OF COCA-COLA OR PEPSI COLA OR WHATEVER
BRAND YOU WANT TO MENTION, WE CANNOT BE TALKING TO HER ABOUT THE
PACKAGE, BECAUSE IF THE NATIONAL ADVERTISING APPROACH THROUGH NETWORK
TELEVISION OR RADIO IS TRYING TO FORCE HER TO BUY A CERTAIN PACKAGE
WHICH ISN'T EVEN AVAILABLE IN A GOOD PORTION OF THE COUNTRY, THERE IS NO
CONCEIVABLE WAY IN WHICH A FRANCHISE WON'T STORM THE GATES OF THE
FRANCHISOR AND SAY, "YOU FELLOWS ARE OUT OF YOUR MIND. YOU ARE SPENDING
500,000 DOLLARS A YEAR IN THIS MARKET TO PROMOTE RETURNABLES AND THE
CONSUMER TOLD US 5 YEARS AGO THAT SHE WON'T EVEN BUY THE RETURNABLE AND
THEY AREN'T EVEN IN THE STORE."
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 036 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106984
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SO IT WOULD BE RATHER NONSENSICAL TO THINK THAT, AS MANY PEOPLE HAVE
ACCUSED INDUSTRY OF DOING, WE ARE INFLUENCING THE CONSUMER TO A CERTAIN
TYPE OF PACKAGE.
IN OUR INDUSTRY, AND I THINK THIS IS A VERY INTERESTING FACTOR FOR
YOUR PANEL TO KNOW IF YOU DON'T HAVE IT ALREADY IN YOUR RECORD, THAT
THERE ARE 50 PERCENT NONRETURNABLES AND 50 PERCENT RETURNABLES. THE
INDUSTRY BREAKS ALMOST EVENLY IN TERMS OF ITS PACKAGING. THERE IS NO
WAY THAT YOU CAN HAVE A NATIONAL ADVERTISING CAMPAIGN THAT PROMOTES
RETURNABLES VERSUS NONRETURNABLES OR CONVERSELY RETURNABLES VERSUS
NONRETURNABLES, OR CANS VERSUS BOTTLES, BECAUSE IT WOULD BE
COUNTERPRODUTIVE IN PORTIONS OF THE COUNTRY WHERE YOU HAVE EXACTLY THE
OPPOSITE PREFERENCE EXPRESSED BY THE CONSUMER.
THAT IS ONE INSTANCE. IN NEW YORK WHEN THE TRANSISITION WAS
OCCURRING, IN THE BEGINNING OF THE 1960'S UP TO THE PRESENT DAY, FROM
RETURNABLE PACKAGING TO NONRETURNABLE PACKAGING, THERE WAS A CONCERTED
EFFORT MADE ON THE PART OF MANY OF US TO STEM THE TIDE OF THAT FLOW OF
CONSUMER DEMAND.
THERE IS NO QUESTION THAT IN THE EARLY DAYS OF OUR INDUSTRY WHEN A
BOTTLE WOULD GET, AS WE HAVE HEARD TESTIMONY TODAY, 10, 15, 20, WHO
KNOWS THE NUMBER OF TRIPS, THAT THAT WAS AN ECONOMICAL SYSTEM UNDER THE
THEN ECONOMIC CONDITIONS OF THE COUNTRY. BUT WHEN THE CONSUMER BEGAN TO
DEMAND THAT WE DEPART FROM THAT SYSTEM THERE WERE EFFORTS MADE ON THE
PART OF OUR INDUSTRY TO RESIST THAT PRESSURE.
THE COCA-COLA CO. -- I AM GOING TO QUOTE SOMEBODY ELSE'S FIGURES, SO
YOU WILL RECOGNIZE THAT THEY ARE SECOND-HAND, BUT I THINK FAIRLY
ACCURATE -- THE COCA-COLA BOTTLING CO. IN NEW YORK IN THAT PERIOD IN ONE
CAMPAIGN SPENT 350,000 DOLLARS ON ON RADIO AND TELEVISION IN NEW YORK
ATTEMPTING TO EMPHASIZE THE ECONOMY OF THE RETURNABLE PACKAGE IN THE
HOPE THAT THE CONSUMER WOULD RECOGNIZE IT AND STAY WITH IT. THEY WILL
TESTIFY IF YOU ASK THEM THAT IT WAS AN ABSOLUTE WASTE, THAT NOTHING
HAPPENED OTHER THAN THE ULTIMATE DEMISE OF THE RETURNABLE PACKAGE.
SO IN OUR NEW YORK MARKET FOR ALL INTENTS AND PURPOSES THE CONSUMER
HAS SAID TO US YOU MAY HAVE YOUR RETURNABLE ANYPLACE ELSE IN THE COUNTRY
BUT WE DO NOT WANT IT HERE. WE ARE NOT GOING TO HAVE THE DIRTY BOTTLES
AROUND. WE DIDN'T GO TO THEM AND SAY WE HAVE GOT A NEW IDEA FOR YOU, A
GREAT WAY FOR US TO MAKE SOME MONEY.
THE RETURNABLE SYSTEM FOR MANY YEARS WAS MORE PROFITABLE THAN ANY
SYSTEM WE HAD AND THE PROFIT LINE WENT DOWN WITH THE DEMISE OF THE
RETURNABLE. SO SOME OF THE MOTIVATIONS THAT HAVE BEEN ASCRIBED TO US
ARE MOST RIDICULOUS TO US IN THE INDUSTRY WHO HAVE SUFFERED THROUGH THE
CHANGE AND NOW CAN'T GO BACK AGAIN, AS SOMEBODY ONCE SAID.
THAT IS A LONG ANSWER TO YOUR QUESTION. THAT WE DO NOT INFLUENCE THE
PACKAGE CHOICE OF THE CONSUMER THROUGH OUR ADVERTISING AS HAS BEEN
ALLEGED IS THE SIMPLEST ANSWER.
SENATOR DOMENICI. YOU MEAN YOU CANNOT OR YOU DO NOT?
MR. MUDD. I STATED TWO REASONS WHY, FIRST WHY WE CANNOT OR AT LEAST
MAY NOT BECAUSE WE HAVE A 50-50 MIX OF PACKAGING CHOICE ACROSS THE
UNITED STATES AND WHEN YOU PUT A SPOT ON NATIONAL TELEVISION, YOU ARE
JUST WASTING HALF OF IT IF YOU ARE JUST TRYING TO CONVINCE SOMEBODY THAT
ONE PACKAGE IS BETTER THAN ANOTHER. THAT WAS THE ANSWER TO THE FIRST.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 037 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106985
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
NOW YOU SAY COULD NOT? NO. COCA-COLA COULD NOT IN OUR NEW YORK
MARKET CONVEY ON A LOCAL BASIS USING LOCAL SPOTS AND PLUGGING THE IDEA
TO THE CONSUMER THAT IT WAS MUCH BETTER FOR HER ECONOMICALLY IF SHE
WOULD BUY THE RETURNABLE, BRING THE BOTTLES BACK. THEY COULD NOT CONVEY
THAT WITH EFFECTIVENESS IN NEW YORK.
SENATOR DOMENICI. I DON'T KNOW WHETHER I AM IN A POSITION TO ARGREE
WITH YOUR -- AS YOU CALLED IT -- PERSONALIZED STATEMENT THAT YOU
SUBMITTED THIS MORNING IN TOTAL. BUT CERTAINLY WITH REFERENCE TO THE
CONSORTIUM OF AFFECTED PEOPLE IN YOUR STATE, THE STATE OF NEW YORK,
WORKING IN AN EFFORT TO TOTALLY ANALYZE THE RELATIONSHIP OF
MERCHANDISING TO SOLID WASTES BY HAVING THE PEOPLE AFFECTED -- LABOR,
PEOPLE THAT ARE PART OF THE INDUSTRY AND OTHERS -- TAKE PART I CERTAINLY
THINK THAT PART OF IT IS INDICATIVE OF WHAT CAN BE DONE WHEN PEOPLE
REALLY WANT TO AT THE LOCAL LEVEL.
I THINK WHAT IS MISSING IN OUR DISCUSSION ALL THE WAY THROUGH WHEN WE
TALK ABOUT THE CHAOS AND CONFUSION AND RIDDING THE MARKETPLACE OF THE
COMPETITION, IF WE HAD THE OREGON LAW ALL OVER THE LAND. I THINK WE
WERE TALKING ABOUT CONSUMER ECONOMIES THAT STEM FROM THE ALTERNATIVES
WITHOUT ANYBODY ADDRESSING THEMSELVES TO THE ADDITIONAL COST TO THE
TOTAL CONSUMING PUBLIC BY WAY OF TAXES, CLEANUP COSTS, SOLID WASTE
DISPOSAL COSTS. I HOPE YOU ARE NOT IGNORING THAT IN THE EQUATION AS YOU
ANALYZE THE ECONOMIES THAT COME TO THE CONSUMER WHO SAY IT IS 2 CENTS OR
HALF-A-CENT ON A SIX-PACK THIS WAY VERSUS THAT WAY.
FOR INSTANCE, YESTERDAY THE PULP PAPER PEOPLE WERE EXTREMELY PROUD OF
THE FACT -- I THINK THEY SHOULD HAVE PRESENTED IT -- THAT THEY PAID 1.8
BILLION DOLLARS IN TAXES. ON THE OTHER HAND, WE KNOW THAT THEY
CONSTITUTE A REAL SUBSTANTIAL PORTION OF THE SOLID WASTE BURDEN ON
SOCIETY AND THAT COST HAS NOW RISEN 6 BILLION DOLLARS AND WE STILL
AREN'T TO YOUR POSITION WHERE WE RECOVER MUCH OF IT, AND WE WOULD HAVE
TO TAKE OFF EVENTUALLY IF WE HAVE A NATIONAL PROGRAM OF RECOVERY OF THE
ENERGY.
BUT SOMEHOW SOMEONE HAS TO TAKE INTO CONSIDERATION WHO PAYS THE BILL
FOR THE SOLID WASTE, THE LITTER, THE ADDITIONAL COST OF MAINTENANCE OF
HIGHWAYS AND THE LIKE IN THIS WHOLE EQUATION.
THAT IS NOT YET TAKING INTO CONSIDERATION WHETHER OR NOT WE HAVE AN
EVER-ABUNDANT SUPPLY OF RAW MATERIALS THAT WE ARE UTILIZING, WHETHER OR
NOT IT IS A WISE NATIONAL POLICY TO MOVE ALONG THE LINES THAT THERE IS
NO END TO THEM. I WOULD LIKE TO DISCUSS THIS ASPECT BASED ON YOUR
EXPERIENCE IN YOUR STATE AND SOME FACTS YOU MIGHT HAVE ABOUT HOW YOU
ADJUST THAT EQUATION.
MR. MUDD. I WOULD VERY MUCH LIKE TO RESPOND TO THAT BECAUSE THAT IS
AT THE HEART OF MY PERSONAL DEDICATION. I DON'T WANT TO SERMONIZE. YOU
WILL FORGIVE ME FOR ONE PERSONAL ALLUSION, IF YOU WILL. I AM PERSONALLY
DEDICATED TO STAY WITH THE SOLID WASTE PROBLEM IN THE STATE OF NEW YORK
UNTIL IT IS SOLVED. THAT IS MY PERSONAL DEDICATION. I AM CHAIRMAN OF A
COMMITTEE WHICH IS MENTIONED IN MY TESTIMONY, THE NEW YORK INDUSTRY
LABOR COMMITTEE FOR RESOURCE RECOVERY, WHICH IS SIMILARLY DEDICATED.
ARE WE INTERESTED IN SAVING OUR CORPORATE HIDES? YES. LET'S START
WITH THAT.
OBVIOUSLY. I HAVE 500 FAMILIES THAT ARE DEPENDENT UPON OUR COMPANY
IN NEW YORK FOR AN ECONOMIC EXISTENCE. I DO EVERYTHING THAT I CAN TO
KEEP THAT BUSINESS IN OPERATION FOR THEM AND FOR ME. I AM ONE OF THE
500.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 038 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106986
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IF IT STOPS THERE, AND I COME BEFORE YOUR BODY OR ANY OTHER
LEGISLATIVE BODY AND SAY. "WHAT YOU ARE TRYING TO DO TO US IS WRONG,"
THAT ECONOMIC ARGUMENT, WHILE IT MAY BE VERY STRONG IN MY HEART, IN MY
MIND AND IN THE 500 HEARTS AND MINDS OF MY FELLOW ASSOCIATES, DOESN'T
WEIGHT VERY PROMINENTLY IN THE NATIONAL EQUATION.
SO I HAVE HERE THE OPPORTUNITY TO SAY TO THE ENVIRONMENTALISTS THAT I
AM ALSO AN ENVIRONMENTALIST AND THAT I RECOGNIZE WHAT THEY ARE TALING
ABOUT, THAT THERE IS A SERIOUS NATIONAL SOLID WASTE AND LITTER PROBLEM
AND I AM A HUMAN BEING WITH SEVEN CHILDREN IN THIS WORLD THAT HAVE TO
GROW UP IN IT AFTER I AM GONE AND THEIR CHILDREN AFTER THEM. I HOPE TO
THE DEAR LORD THAT WE DON'T FOUL IT UP SO MUCH THAT THEY CANT' PLAY
CENTER FIELD ANY MORE, TO PARAPHRASE, THE OLD BASEBALL STORY.
THEREFORE, THE NEXT QUESTION TO BE CONSIDERED IS THE ONE THAT I THINK
YOU ARE ASKING ME ABOUT. ARE YOU CONSCIOUS OF THE PROBLEM? ARE YOU
ONLY TRYING TO PRESERVE THAT 500-FAMILY SITUATION? OR DO YOU RECOGNIZE
THE WHOLE NATIONAL CONDITION? I DO. THEREFORE, MY PERSONAL DEDICATION
THAT EVEN IF WE WERE COMPLETELY FREE AND CLEAR OF ANY OF THE SHADOW THAT
HAS FALLEN ON PACKAGING IN THE EYES OF ENVIRONMENTALISTS, IF WE WERE
FREE AND CLEAR OF THAT, I HAVE PERSONALLY GIVEN MY WORD THAT I WILL STAY
WITH IT UNTIL THE PROBLEM IS SOLVED IN NEW YORK STATE. THAT IS A
DEDICATION THAT HAS BEEN EXPRESSED IN THE STATE LEGISLATURE; TO THE
GOVERNOR, TO THE ECONOMIC AND THE ENVIRONMENTAL ADMINISTRATIONS OF THE
STATE, TO THE CITY COUNCIL, TO THE COUNTIES IN WHICH WE WORK.
WHEN I SAY "I" THAT IS A VERY PERSONAL, BOASTING USAGE OF THE WORD.
I AM TALKING ABOUT THE COMMITTEE WHICH IS EQUALLY DEDICATED TO THIS
SOLUTION.
SENATOR DOMENICI. I UNDERSTAND. I DON'T THINK ANYONE OBSERVING YOU
TODAY WOULD HAVE ANY DOUBT AND ANYONE LOOKING BACK ON THE RECORD OF THE
COMMITTEE YOU CHAIR WOULD HAVE ANY DOUBT.
I GUESS WHAT CONCERNS ME IS THAT FOR INSTANCE, THE REASON THAT THE
NONRETURNABLE BOTTLE, WHEN COCA-COLA WENT THROUGH THEIR 350,000 DOLLARS
WORTH OF ADVERTISING TO TRY TO INCREASE ITS USE, DIDN'T WORK IS BECAUSE
IT COULDN'T COPE WITH ITS COMPETITOR, THE CAN OR THE THROWAWAY.
BUT IT SEEMS TO ME THAT THERE ARE AN AWFUL LOT OF PEOPLE IN THE
PRIVATE SECTOR THAT WILL DEAL ONLY FROM THE 500 EMPLOYEES, TO USE YOU
EXAMPLE, WHICH IS THE ECONOMICS TO THEM. SOMETIMES THEY HAVE TO BE
PUSHED PRETTY HARD TO RECOGNIZE ALTERNATIVE INPUTS INTO THE EQUATION IN
TERMS OF WHAT IS IN THE OVERALL GOOD OF THE COUNTRY.
IN THAT RESPECT YOU KNOW THE COST OF THIS SOLID WASTE THAT WE GET
KIND OF PIERCEMEAL UP HERE BECAUSE YOUR INDUSTRY SAYS, "WE ARE NOT VERY
MUCH OF IT." THEN THE NEXT GROUP THAT COMES IN SAY, "WE ARE ONLY 8 OR 9
PERCENT OF IT," AND THE OTHER GROUP IS ONLY 12 PERCENT OF IT.
THE ONLY THING IS THAT THEY ALL ADD UP TO 100 PERCENT.
MR. MUDD. MAY I COME TO THAT POINT BECAUSE THAT IS REALLY WHAT WE
ARE HERE TO TELL YOU? WE ARE ONLY 1.4 PERCENT OF THE SOLID WASTE
PROBLEM. WE COULD WALK OUT OF THE ROOM AND SAY WE ARE NOT A BIG ENOUGH
PART FOR YOU TO WORRY ABOUT. THAT IS NOT WHAT WE ARE SAYING TO YOU. WE
ARE SAYING WE ARE ONLY 1.4 PERCENT OF IT BUT WE WANT TO HELP YOU SOLVE
THE PROBLEM OF 100 PERCENT. IT IS NOT A COMPLICATED PROBLEM TO
INDUSTRY. IF THIS WAS THE KIND OF COMPLICATED PROBLEM THAT WE RAN INTO
IN THE OPERATIONS OF OUR BUSINESS IT WOULD BE A PRETTY SIMPLE BUSINESS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 039 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106987
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SENATOR DOMENICI. I UNDERSTAND, MR. MUDD. WHAT I AM GETTING AT IS
HOW COME THE INDUSTRY THAT IS 1.4 PERCENT OF IT IS SO CONCERNED TODAY
MR. MUDD. BECAUSE EVERYBODY IS TRYING TO PUT US OUT OF BUSINESS.
SENATOR DOMENICI. THAT IS PRECISELY THE POINT BECAUSE SOMEBODY PUT
THE PRESSURE ON YOU. THAT IS WHAT MAY BE PART OF THE PACKAGING MEASURES
THAT ARE BEFORE THE CONGRESS WHERE EACH OF YOU ASSUMED THAT WE ARE
TRYING TO DICTATE THE PACKAGING POLICY OF THE COUNTRY AND TRYING TO
PROHIBIT THE USE OF PACKAGING OF CERTAIN KINDS -- SOMEONE REFERRED TO
PART OF MY BILL AS BEING THAT. I DON'T HAVE ANY PROHIBITION. I HAVE
SOME STANDARDS AND ALTERNATIVES TO BE WEIGHED BUT I AM GETTING TO THE
POINT OF WHO PUTS THE PRESSURE ON. YOU GOT IT PUT ON YOU BECAUSE YOU
ARE VERY VISIBLE -- IT IS VERY EASY TO GRAB THOSE BUDWEISER BOTTLES AND
SHOW THEM IN CANS. WE WON'T LET YOU GET AWAY SAYING 1.4 SO TALK ABOUT
PAPER. THAT MAY BE WHY YOU ARE HERE. IT MAY NOT. WHATEVER THE MOTIVE
ORIGINALLY DOESN'T MAKE ANY DIFFERENCE NOW. BUT IN THE WHOLE AREA OF
SOLID WASTE GENERATED BY INDUSTRY, I THINK I AM LOOKING FOR SOME WAY TO
EXCITE THE INDUSTRY ABOUT DOING IT THEMSELVES AND ABOUT CONSIDERING
ALTERNATIVES, ABOUT CONSIDERING EXCITING ADVERTISING TO THE AMERICAN
PUBLIC.
MAYBE YOU ARE RIGHT. IT MIGHT BE IMPOSSIBLE. BUT I DON'T KNOW THAT
INDUSTRY IS PREPARED TO DO THAT UNLESS SOME KIND OF PRESSURE IS PUT UPON
THEM AS TO PERHAPS THE ALTERNATIVE THAT YOU WON'T USE PLASTIC FOR SUCH
AND SUCH KIND OF USES OR YOU HAVE 5 YEARS TO COME UP WITH ALTERNATIVES
OR THE LIKE.
I DON'T WANT TO BE PART OF THAT. I WANT YOU TO KNOW THAT. BUT I
DON'T SEE ANY DIMINUTION IN THE WASTE PRODUCT THAT IS USED IN PACKAGING.
IN FACT, I DON'T WANT TO REPEAT THE STATISTICS. BUT THEY ARE
INCREDIBLE IN TERMS OF THE GROWTH OF THROWAWAY WASTE PRODUCTS THAT COME
FROM PACKAGING. WHY, POPULATION GROWS 10 PERCENT IN THE CITIES AND IT
GROWS DURING THE SAME TIME, 65 OR 75 PERCENT.
THE POINT THAT CONCERNS ME IS THAT SOMEONE ELSE PAYS THAT TAB FOR THE
MERCHANDISING ECONOMICS THAT ANHEUSER-BUSCH IS TELLING US ARE SUCH A
GREAT PART OF THIS SYSTEM. I DON'T KNOW WHETHER OR NOT WE OUGHT NOT
CONSIDER WHO OUGHT TO PAY THAT TAB AS ONE ASPECT AND WHETHER OR NOT THE
AMERICAN PEOPLE OUGHT NOT KNOW THAT THEY ARE NOT GETTING SUCH A BARGAIN
IN ALL OF THE PACKAGING IF THEIR GARBAGE COLLECTION BILL GOES UP FROM 2
TO 8 DOLLARS IN THE PROCESS AND THEY ARE PAYING FOR SOMEBODY ELSE'S USE
OF THE WASTE.
MR. MUDD. WHY WOULD YOU SINGLE OUT -- I DON'T MEAN YOU -- WHY SHOULD
ONE INDUSTRY, ONLY BECAUSE IT IS VISIBLE. I PRESUME, BE SINGLED OUT TO
HOLD UP TO THE CONSUMER AND SAY, "HERE ARE THE RASCALS THAT ARE CAUSING
YOUR DISPOSAL BILL TO GO UP?" I DON'T UNDERSTAND THAT.
SENATOR DOMENICI. I AGREE WITH YOU.
I WANT TO ASK THE GENTLEMAN FROM ANHEUSER-BUSCH A QUESTION. ARE
ALUMINUM CANS A SIGNIFICANT PART OF THE COMPETITIVE MARKETPLACE AS YOU
SEE IT? DO THEY CONTRIBUTE TO THIS CYCLE OF IMPROVED PACKAGING?
MR. SELLINGER. YES. IN OUR OWN USAGE WE USE 50 PERCENT ALUMINUM
CANS AND 50 PERCENT STEEL CANS.
SENATOR DOMENICI. WHAT IF WE DIDN'T HAVE ANY ALUMINUM OR IF THE U.S.
GOVERNMENT MADE A DECISION THAT ALUMINUM WAS SO MUCH NEEDED FOR SPACE
AND IN SUCH SHORT SUPPLY WE WILL HAVE NO MORE ALUMINUM IN CANS?
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 040 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106988
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. SELLINGER. WE WOULD HAVE TO PUT THE BEER IN OTHER CONTAINERS.
SENATOR DOMENICI. ANHEUSER-BUSCH AND ALL OF THE OTHERS WOULD
SUCCEED, WOULD THEY NOT?
MR. SELLINGER. I WOULD IMAGINE SO. I THINK I MENTIONED ALUMINUM WAS
A COMPETITIVE MATERIAL. WE MADE A STATEMENT IN 1965 THAT IT WAS OUR
AMBITION TO PUT 50 PERCENT OF OUR PRODUCT IN METAL CONTAINERS, 50
PERCENT IN ALUMINUM CONTAINERS OF THE METAL PACK FOR ONE REASON, FOR THE
ECONOMIC VALUES THAT WOULD COME TO THE CONSUMER.
IF WE ONLY HAD METAL CONTAINERS WE WOULD STILL BE IN THAT 103 POIND
CAN. THE COMPETITIVENESS OF THE ALUMINUM CAN HAS HELPED TO REDUCE THE
AMOUNT OF NATURAL RESOURCES THAT HAS BEEN USED.
SENATOR DOMENICI. I UNDERSTAND. IT IS NOT A GOOD HYPOTHETICAL IN
THAT REGARD. BUT THE POINT IS IF THERE WAS SOME COMPELLING NATIONAL
REASON ASIDE AND APART FROM THE LITTER AND OUR INABILITY TO DISPOSE OF
SOLID WASTE WHICH HAPPENS TO BE THE SUBJECT MATTER OF THE OREGON BILL
AND OTHERS, AND I DON'T KNOW THAT ANY OF THOSE BILLS SOLVE THE PROBLEM,
BUT IF THERE IS SOME OTHER COMPELLING REASON AND ALL WERE TREATED THE
SAME THERE WOULD STILL BE SOME COMPETITION LEFT?
MR. SELLINGER. THERE WOULD ONLY BE COMPETITION, BUT NOT AS GREAT A
COMPETITION. I THINK YOU ARE ASKING THE QUESTION, IS THE COST OF SOLID
WASTE REMOVAL GREATER THAN THE SAVINGS COMING FROM PACKAGING? WE SAY
THAT SAVINGS ARE GREATER THAN THE COST OF SOLID WASTE DISPOSAL.
SENATOR DOMENICI. I DON'T KNOW THE ANSWER TO THAT. BUT I ACCEPT
YOUR ANSWER.
MR. SELLINGER. I THINK ONE OTHER SUBJECT THAT I WOULD LIKE TO REFER
TO IS THAT THE BREWING AND THE SOFT DRINK INDUSTRY DID RECOGNIZE THE
PROBLEMS OF SOLID WASTE DISPOSAL LONG BEFORE THERE WAS AN OREGON BILL,
BEFORE THERE WAS ANY LEGISLATION PROPOSED IN THE DEVELOPMENT OF THE
NATIONAL CENTER HERE IN WASHINGTON, D.C. WE RECOGNIZED, YES. WE ARE
CONTRIBUTING AND WE ARE GOING TO DO SOMETHING ABOUT IT.
SENATOR DOMENICI. LET ME ASK MR. STROH A QUESTION ON RESOURCES. WE
HAD TESTIMONY YESTERDAY FROM FOUR INDUSTRIES, ONE OF WHICH HAD TO DO
WITH THE AVAILABILITY OF THE KIND OF SAND NEEDED TO MANUFACTURE GLASS.
THERE WAS A RATHER BOLD STATEMENT THERE MAY BE SOME CONCERN ABOUT
ALUMINUM, THERE MAY BE SOME CONCERN ABOUT WOOD, BUT THERE CERTAINLY
ISN'T ANY CONCERN ABOUT THE FUTURE OF THE AVAILABILITY OF THE VIRGIN
MATERIALS NEEDED FOR GLASS.
COULD YOU ADDRESS YOURSELF TO THAT PROPOSITION?
MR. STROH. AT THE MOMENT I THINK THERE ARE VERY REAL SODA ASH
SHORTAGES WHICH HAVE LIMITED THE ABILITY OF THE GLASS INDUSTRY TO
PRODUCE ALL OF THE GLASS THAT IT WOULD LIKE OVER A PERIOD OF TIME, AT
LEAST SHORTAGES WILL BE ALLEVIATED AND THE GLASS INDUSTRY WILL BE IN A
BETTER POSITION TO EXPAND ITS PRODUCTION. BUT RIGHT NOW THE GLASS
INDUSTRY, LIKE MANY OTHER INDUSTRIES IN THE UNITED STATES IS FACING A
VERY REAL AND A VERY CRITICAL SHORTAGE OF KEY MATERIALS.
SENATOR DOMENICI. WHERE DO WE GET THE SODA ASH?
MR. STROH. I THINK MOST OF IT COMES FROM WYOMING.
SENATOR DOMENICI. IS THERE A REAL U.S. SHORTAGE OF IT?
MR. STROH. YES, THERE IS. MY UNDERSTANDING OF IT IS THAT THE
SITUATION HAS BEEN AGGRAVATED BY THE MOVEMENT AWAY FROM PHOSPHATES IN
DETERGENTS AND THE SUBSTITUTION OF SODA ASH FOR PHOSPHATES AND ALSO BY
CERTAIN OTHER THINGS, INCLUDING GROWING WORLD DEMAND OUTSIDE OF THE
UNITED STATES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 041 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106989
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SENATOR DOMENICI. I WAS VERY INTERESTED IN THAT PORTION OF YOUR
STATEMENT WHERE YOU ATTEMPT TO JUSTIFY, AND I THINK QUITE WELL, VERY
LARGE EXPENDITURE BY THIS COUNTRY ON THE CONVERSION OF SOLID WASTE TO
ENERGY AS COMPARED WITH OTHER APPROACHES WE MIGHT TAKE.
YOU USED SOME VERY BIG DOLLAR FIGURES AS TO THE AMOUNT WE OUGHT TO BE
WILLING TO INVEST. DO YOU HAVE ANY IDEAS IF THAT IS A PERMANENT
INVESTMENT AS COMPARED TO A LOAN THAT WOULD BE RETURNED?
DO YOU HAVE ANY INDEPENDENT IDEAS AS TO WHERE THAT KIND OF MONEY
OUGHT TO COME FROM?
MR. STROH. TO BE PERFECTLY HONEST ABOUT IT I AM NOT PREPARED, I
GUESS, TO ANSWER THAT QUESTION. I HAVE TRIED TO LOOK AT IT IN THE
BROADEST POSSIBLE WAY, FROM THE POINT OF VIEW OF THE NATIONAL NEEDS, THE
NATIONAL RESOURCES, AND THE NATIONAL GOALS.
THE FINANCIAL PROBLEMS BEFORE TAX, THE AFTER-TAX ASPECTS, THE
DECREASE OF HELP FROM ONE SECTOR TO THE OTHER THAT MAY BE REQUIRED TO
ACCOMPLISH THESE GOALS BECOME VERY COMPLICATED. BUT I THINK THE FACT
REMAINS THAT IT WOULD COST US AS MUCH TO GO BACKWARD AS IT WILL TO GO
FORWARD. WHEN YOU TAKE A LOOK AT IT FROM A VERY BROAD PERSPECTIVE AND
TAKE INTO ACCOUNT THE ALTERNATIVE INVESTMENTS IN ENERGY FROM OTHER
SOURCES THAT MAY BE REQUIRED, IF WE GO BACKWARD THAT A VERY STRONG CASE
CAN BE MADE FOR MOVING FORWARD IN THE DIRECTION OF THE RESOURCE RECOVERY
SYSTEMS THAT WE ARE TALKING ABOUT HERE.
IF I COULD, I WOULD LIKE TO TAKE A MOMENT OR TWO TO TRY AND BLOCK OUT
SIMPLY SOMETHING WHICH SHOWS THESE ALTERNATIVES IN A LITTLE BIT BETTER
PERSPECTIVE.
SENATOR DOMENICI. LET ME JUST ASK YOU ONE GENERAL QUESTION. YOU
SEEM TO BE WELL INFORMED ON THE SUBJECT.
WE ARE IN THE MIDST OF ALLOCATING A NUMBER OF BILLIONS OF DOLLARS TO
VARIOUS ASPECTS OF ENERGY RESEARCH DEVELOPMENT, FOR THIS YEAR, NEXT
YEAR, AND THEREAFTER, ALL MOTIVATED BY ENERGY INDEPENDENCE OR WHATEVER
YOU DEEM IT. IT IS MY UNDERSTANDING THAT, AS A SPEARATE ITEM, THERE IS
NO SIGNIFICANT AMOUNT OF FUNDS AMONG THE 10 BILLION DOLLARS THAT ARE
DIRECTLY ALLOCATED FOR THIS ASPECT THAT YOU WERE DISCUSSING.
YOU WOULD AGREE THAT AT LEAST EVEN WITH THE LIMITED EXPERINECE WE
HAVE GOT, THAT IS A VERY SHORTSIGHTED NATIONAL FUNDING FOR ENERGY R. &
D. AND ENERGY INDEPENDENCE.
MR. STROH. I FEEL VERY STRONGLY ABOUT THAT. THE NATIONAL ACADEMY OF
ENGINEERING, THE NATIONAL ACADEMY OF SCIENCES FAILED TO LOOK AT THE
ENERGY INHERENT IN THE MUNICIPAL WASTE STREAM WHEN THEY STUDIED HOW THIS
COUNTRY MIGHT MEET THE NEEDS OF PROJECT INDEPENDENCE BY 1984 AND 1985.
THEY CAME TO THE CONCLUSION, HOWEVER, THAT IT WOULD TAKE SOMEWHERE
BETWEEN 490 BILLION DOLLARS AND 600 BILLION DOLLARS TO DOUBLE THIS
NATION'S PRESENT ENERGY SUPPLY; DOMESTIC ENERGY PRODUCTION.
TWO AND ONE-HALF PERCENT OF THE ENERGY REQUIRED TO DO THAT IS IN THE
MUNICIPAL TRASH STREAM. THAT ENERGY CAN BE DEVELOPED AT A LOWER COST
THAN THE AVERAGE COST POSTULATED UNDER PROJECT INDEPENDENCE.
FUETHERMORE, IT CAN BE DEVELOPED A LOT SOONER AND IN ADDITION TO THAT IT
IS A NONDEPLETING RESOURCE IN THAT SENSE.
SENATOR DOMENICI. AS DEPLETABLE AS THE BASIC RESOURCES OF THE
COMPONENTS?
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 042 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106990
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. STROH. IT WOULD BE USED AGAIN, IF YOU SEE WHAT I MEAN.
SENATOR DOMENICI. YES. THAT WHICH IS CONVERTED INTO ENERGY?
MR. STROH. PORTIONS OF IT WILL BE USED AGAIN.
SENATOR DOMENICI. WE SEEM TO HAVE A DIFFERENCE OF OPINION AS FAR AS
EPA STUDIES VERSUS THE STUDIES YOU REFERRED TO ON PAGE 3. YOU SAID THEY
WERE CURRENTLY UNDERWAY.
MR. STROH. LET ME SAY THIS: THAT EVERY FIGURE THAT I HAVE USED WITH
THE EXCEPTION OF A SINGLE ONE REFERRING TO WHERE LITTER IS LOCATED,
EVERY OTHER FIGURE IS BASED EITHER ON THE EPA STUDIES OR ON THE ENERGY
STUDY WHICH WAS DONE BY THE NATIONAL ACADEMY OF ENGINEERING.
MY REMARKS REFER TO STUDIES WHICH WERE BEING DONE IN OTHER AREAS, BUT
THEY ARE BEING DONE USING THIS MATERIAL AS THE BASIC SOURCE MATERIAL.
SENATOR DOMENICI. DO THAT EXPLANATION IS WHAT YOU WERE SPEAKING OF
BY STUDIES CURRENTLY UNDERWAY?
MR. STROH. YES.
SENATOR DOMENICI. IT IS EXTRAPOLATION AND INTERPRETATION FROM THE
ONES YOU HAVE REFERRED TO?
MR. STROH. INTERPRETATION OF EPA GENERATED INFORMATION.
SENATOR DOMENICI. ON THE ANHEUSER-BUSCH PLANT: IN RESPONSE TO
SENATOR RANDOLPH'S QUESTION ABOUT WHAT WOULD BE THE EFFECT IF YOU WERE
RELEGATED TO RETURNABLE BOTTLES EXCLUSIVELY YOU QUICKLY POINTED TO THE
82 MILLION DOLLARS COST OF CAPITAL IMPROVEMENTS FOR ADDITIONS REQUIRED
TO THAT NEW PLANT AND THEN QUICKLY JUMPED FROM THAT TO THE CONCLUSION
THAT THE CONSUMER WILL PAY MORE.
I HAVE TO HAVE A LITTLE BIT MORE INTERPRETATION OF WHAT THAT MEANS
USING SOME UNIT OF BEER PRODUCED. TELL ME WHAT BEARING THE CAPITAL
IMPROVEMENT COST HAS ON COST OF BEER DELIVERED TO THE CONSUMER?
MR. SELLINGER. I DON'T THINK I HAVE THE CORRECT AND EXACT FORMULA.
BUT CERTAINLY THE COST OF MONEY IS ALWAYS THE COST OF DOING BUSINESS.
SENATOR DOMENICI. I UNDERSTAND.
MR. SELLINGER. IF WE HAVE TO SPEND 100 MILLION DOLLARS TO BUILD A
BREWERY PRESENTLY AND THEN HAVE TO GO TO 200 MILLION DOLLARS TO BUILD A
BREWERY OF THE SAME CAPACITY FOR A RETURNABLE BOTTLE SYSTEM, CERTAINLY
THE PRICE OF BEER IS GOING TO BE AFFECTED BY IT.
SENATOR DOMENICI. I GUESS WHAT YOU WANT TO CLARIFY JUST FOR THE
RECORD, USE YOUR LAST FIGURES OF 100 MILLION DOLLARS AND 200 MILLION
DOLLARS, YOU DON'T MEAN TO SAY THAT THE COST OF THE PRODUCT IS IN DIRECT
PROPORTION, THE INCREASE, IN DIRECT PROPORTION?
MR. SELLINGER. OF COURSE NOT. BUT I AM SAYING THIS: THAT THE
RETURNABLE BOTTLE SYSTEM WILL ALSO INCREASE COSTS IN THE DISTRIBUTION
FIELD. I USE THE EXAMPLE OF THE TRUCK THAT DELIVERS 600 CASES WITH A
MIXTURE OF ONE, TWO, AND THREE CANS OF NONRETURNABLE BOTTLES AND
RETURNABLE AND THEN SAYING THERE IS A SPECIFIC MARKUP -- I WOULD LIKE TO
REALLY TAKE A MINUTE TO GO INTO THAT A LITTLE DEEPER. LET'S SUPPOSE THE
MARKUP ON EACH CASE OF BEER IS 1 DOLLAR. THAT IS WHAT THE WHOLESALER
ADDS TO THE PRICE OF BEER AFTER WE DELIVER IT TO HIM. LET'S SUPPOSE HE
HAS HAD A UNIFORM MARKUP OF 1 DOLLAR PER CASE. IF THE TRUCK HAS THE
CAPABILITY OF DELIVERING 300 CASES, 200 CASES OF NONRETURNABLE BOTTLES
AND 100 CASES OF RETURNABLE, THAT TRUCK THEN HAS THE INCOME OF 600 GROSS
INCOME FOR THAT WHOLE SALE. CORRECT?
NOW WE SAY THAT A TRUCK HAS THE CAPABILITY WITH TWO MEN ON IT TO
DELIVER NO MORE THAN 225 CASES OF RETURNABLE BOTTLES BECAUSE YOU HAVE
THE PROBLEM NOT ONLY OF TAKING THE FILLED CASES IN, YOU MUST REMOVE THE
EMPTIES, YOU HAVE TO SEGREGATE THE BOTTLES AND CARTONS. DIVIDE THE 225
CASES INTO THE 600 DOLLARS THAT HE NEEDED TO OPERATE HIS BUSINESS AND
YOU SEE THE MARKUP NOW BECOMES WELL OVER 2.50 A CASE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 043 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106991
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
WHO IS GOING TO PAY THAT? THE CONSUMER IS GOING TO PAY IT. SO THOSE
COSTS ADDED TO OUR COSTS OF DOING BUSINESS, THE COSTS OF KEEPING ON HAND
MILLIONS OF CASES OF BOTTLES, THEY ALL GO IN THE COSTS OF DOING
BUSINESS.
I WOULDN'T SAY THAT A CASE OF BEER AND RETURNABLES AS FAR AS THE
BREWER IS CONCERNED IS GOING TO DOUBLE IN COST BECAUSE OF THAT
INVESTMENT BECAUSE THAT INVESTMENT IS GOING TO BE DEPRECIATED OUT OVER
YEARS. BUT IT WILL INCREASE THE COST OF OUR PRODUCT TO THE WHOLESALER.
HE IN TURN WILL HAVE INCREASED COSTS. I DON'T THINK YOU CAN EVER
NEGLECT WHAT THE RETAILER HAS TO ADD. THERE WAS TESTIMONY GIVEN IN
VIRGINIA BY THE SAFEWAY STORES THAT IT COST A SAFEWAY STORE 19 CENTS A
CASE TO HANDLE A CASE OF RETURNABLE BOTTLES.
THAT WAS ADDED TO THE COSTS OF BEER IN THE STATE OF OREGON. THE
RETAILER ADDED COSTS OF HANDLING RETURNABLE CONTAINERS IN ADDITION TO
THE WHOLESALER AND IN OUR OWN CASE THE MANUFACTURER. THEY ARE ALL
ADDITIVE.
SENATOR DOMENICI. I UNDERSTAND THAT. I DON'T MEAN TO BE
ARGUMENTATIVE. I DON'T KNOW WHERE MY OWN HEAD LIES ON THE MATTER. I AM
TRYING TO FIND OUT.
IT WOULD APPEAR TO ME THAT IF YOU HAD THAT SAME EXAMPLE EXISTING
THROUGH MOST OF THE SOLID WASTE THAT IS COSTING 6 BILLION DOLLARS TO THE
TAXPAYER TO GET RID OF IN OUR CITIES YOU WOULD ULTIMATELY BE HAVING THE
CONSUMER BEAR HIS SHARE OF GETTING RID OF SOLID WASTE, WOULD YOU NOT?
MR. STROH. HE IS GOING TO BE PAYING MORE THAN HE IS PAYING TODAY.
THE COST OF REMOVAL OF SOLID WASTE IS LESS THAN WHAT HE WOULD HAVE TO
PAY IF HE WENTBACK TO A RETURNABLE SYSTEM. BUT THE COST OF LITTER
COLLECTION AND SOLID WASTE DISPOSAL IS NOTHING COMPARED TO THE
ADVANTAGES AND COST SAVINGS THAT WE HAVE IN CONVENIENCE PACKAGING TODAY.
MR. MUDD. HERE IS A POINT THAT MIGHT BE HELPFUL. YOU ARE TALKING
ABOUT A 600 BILLION DOLLAR BILL?
SENATOR DOMENICI. 6 BILLION DOLLARS.
MR. MUDD. I MEAN 6 BILLION DOLLAR BILL. LET'S ASSUME MAGICALLY YOU
COULD ERASE ALL OF THE NONRETURNABLE CONTAINERS IN THE COUNTRY, YOU HAD
ONLY RETURNABLES NOW. WHAT WOULD THE BILL BE?
SENATOR DOMENICI. YOU SEE, WE ARE BACK TO THE POINT OF PIECEMEAL
CONSIDERATION OF THE WHOLE PACKAGE.
MR. MUDD. I CAN TELL YOU THAT THE BILL WOULDN'T CHANGE. IT WOULDN'T
CHANGE. WE WOULD HAVE SOLVED NOTHING. THAT IS MR. STROH'S POINT. IF
WE SIMPLY SAY BAN THE NONRETURNABLE BOTTLES, WE ARE STILL GOING TO HAVE
THE PROBLEM. WHAT WE ARE SAYING IS LET US STAY WITH THE PACKAGING. LET
US NOT PENALIZE THE INDUSTRY THROUGHOUT THE UNITED STATES AND THE
CONSUMER PRICING BUT RATHER LET US COOPERATE AMONG GOVERNMENT, INDUSTRY
AND LABOR TO SOLVE THE PROBLEM AS QUICKLY AS POSSIBLE. WE NOT ONLY ARE
PRODUCTIVE, BUT WE ARE NOT COUNTERPRODUCTIVE AND AT THE SAME TIME WE
SOLVE THE SOLID WASTE PROBLEM.
WE RESTORED A GOOD PORTION OF THE ENERGY. YOU WERE TALKING BACK AND
FORTH A LITTLE WHILE AGO ABOUT THE AMOUNT OF FUEL THAT MIGHT BE SAVED.
I READ STATISTICS WHICH SAY THAT IF YOU ARE TALKING ABOUT THE POTENTIAL
REPLACEMENT OF FOSSIL FUEL WITH THE ENERGY THAT WOULD DERIVE FROM THE
SOLID WASTE DISPOSAL SYSTEM WHICH WE ARE SPEAKING OF, THAT IN THE STATE
LIKE NEW YORK IT WOULD AMOUNT TO 14 PERCENT OF THE FOSSIL FUEL USAGE AND
IN A STATE LIKE SENATOR STAFFORD'S AS HIGH AS 46 PERCENT.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 044 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106992
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SO THAT THIS MAY BE JUST 2 1/2 PERCENT ON A VERY MODEST APPRAISAL
ACRSS THE COUNTRY, BUT IN STATES SUCH AS THE ONES YOU HAVE MENTIONED IT
CAN RUN VERY MUCH HIGHER.
SENATOR DOMENICI. I UNDERSTAND THAT.
I THINK THAT THE MOST EXPRESSIVE ONE THERE, ALTHOUGH IT IS ACROSS THE
BOARD AND NOT BY REGIONS, IS THAT THE CONSERVATIVE ESTIMATE IS THAT ALL
OF THE RESIDENCES AND THE BUSINESSES OF THE COUNTRY COULD BE LIGHTED
JUST TAKING THE BTU NEEDS BY THE CONVERSION OF SOLID WASTE TO ENERGY.
THAT IS ALL RESIDENTIAL BTU'S CONSUMED AND ALL PRIVATE SECTOR, OTHER
THAN INDUSTRIAL. THAT IS NOT IN PLANT, BUT ALL THE REST OF THE PRIVATE
SECTOR, THAT MUCH ENERGY CAN BE PRODUCED, WHICH IS NOT A SMALL AMOUNT.
MR. MUDD. I WOULD LOVE TO THINK THAT WE ARE WORKING TOGETHER TO MAKE
IT SO.
SENATOR DOMENICI. I DON'T HAVE ANY DOUBT THAT WE ARE GOING TO TRY.
BUT I DON'T THINK THAT WE ARE READY FOR A FEW YEARS TO APPROACH THE KIND
OF EXPENDITURE NEEDED FOR THIS EXPERIMENT BECAUSE I DON'T THINK ANYBODY
UNDERSTANDS IT YET.
MR. MUDD. MAY I SAY A WORD ON THAT TO HELP? WE JUST HAD A CONTRACT
SIGNED IN NEW YORK ON LONG ISLAND IN WHICH PRIVATE INDUSTRY HAS COME
INTO THE COMMUNITY AND SAID WE ARE GOING TO SPEND, IT STARTED AT 44
MILLION DOLLARS. I THINK IT IS NOW 53 MILLION DOLLARS, PRIVATE INDUSTRY
WILL SPEND THE 53 MILLION DOLLARS, PUT THE PLANT UP, MAKE A 20-YEAR
CONTRACT WITH THE MUNICIPALITY AND CHARGE AN AGREED-UPON CONTRACTUAL
RATE PER TON FOR WHAT WE PUT THROUGH THERE AND THAT GUARANTEES THE
SAVINGS TO THE COMMUNITY WITHOUT THE USE OF ANY GOVERNMENT FUNDS
ANYPLACE. WE HAVE COMPANIES STANDING IN THE WINGS IN NEW YORK READY TO
DO THAT. OUR COMMITTEE IS WORKING TOWARD THE KIND OF FINANCING THAT
PROBABLY WON'T COME FROM GENERAL OBLIGATION BONDS OR RIGHT STRAIGHT OUT
OF PRIVATE CAPITAL BECAUSE THIS IS A PROFIT MAKING INDUSTRY IF WE DO IT
PROPERLY.
SENATOR DOMENICI. LET ME ASK ONE LAST QUESTION ABOUT RETURNABLE
BOTTLES. I AM CORRECT THAT THE RETURNABLE BOTTLES IN A TYPICAL PACKAGE
LIQUOR STORE ARE CHEAPER THAN A SIX-PACK OF NONRETURNABLES?
MR. SELLINGER. I WOULD THINK IN THE STATE OF OREGON THE SIX-PACK,
11-OUNCE RETURNABLE TODAY WITH THE DEPOSIT IS AS MUCH AS THE SIX-PACK OF
12-OUNCE CANS. IN MOST MARKETS YOU WILL NOT FIND SIX-PACK RETURNABLE
BOTTLES. HOWEVER, IN THE STATE OF FLORIDA THERE ARE CERTAIN AREAS WHERE
A SIX-PACK RETURNABLE BOTTLE IS AVAILABLE IN THE PUBLIC SUPERMARKETS.
HOWEVER, THE PERCENTAGE MIX RUNS ABOUT 7 PERCENT OF A TOTAL OF 100
PERCENT. IN THOSE CASES I THINK THAT THERE WILL BE BECAUSE OF THIS
SUBSIDIZATION OF RETURNABLE BOTTLES WILL BE LESS COSTLY. HOWEVER, IF
THE TOTAL SYSTEM IS RETURNABLE AS IT IS IN OREGON BECAUSE WHILE THE LAW
DOES NOT BAN THE CAN IN OREGON, IT IS PRATICALLY OUT OF EXISTENCE THERE,
THEN THE PRICE WILL HAVE TO GO UP OVER AND ABOVE THE PRICE OF
NONRETURNABLE CONTAINERS. THAT IS OUR COMPLETE SUBJECT.
ONE OTHER WORD. SENATOR. THE WORD "RETURNABLE" DOESN'T MAKE THE
BOTTLE COME BACK BY ITSELF. THE CONSUMER IS THE ONE THAT MAKES IT
RETURNABLE. IN THE CITY OF NEW YORK IF THERE WAS NOTHING ELSE BUT
RETURNABLES ALL YOU WOULD DO IS INCREASE THE TOTAL AMOUNT OF SOLID WASTE
BECAUSE THE PEOPLE CANNOT AND WILL NOT BRING BACK RETURNABLES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 045 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106993
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THE WORD "RETURNABLE" IS ONLY SOMETHING THAT HAS THE ABILITY TO BE
RETURNED AND THE CONSUMER IS THE ONE THAT MAKES IT RETURNABLE. IT
DOESN'T RUN BACK BY ITSELF. I THINK THAT IS WHAT WE HAVE TO REMEMBER,
THAT OUR CONSUMER TODAY DOES NOT WANT RETURNABLES.
SENATOR DOMENICI. OTHER THAN THE FACT THAT YOU ARE NOT GETTING YOUR
SHARE OF RETURNABLES IN OREGON, AS YOU EXPLAINED IT, ARE THEY RETURNAING
THE RETURNABLES IN OREGON?
MR. SELLINGER. WE DON'T KNOW. WE AS A COMPANY ASKED THE REST OF THE
INDUSTRY TO ALLOW SOME INDEPENDENT FIRM TO MAKE AN AUDIT OF THE BOTTLES
BEING RETURNED. CERTAIN COMPANIES, WHY, I DON'T KNOW, WILL NOT GIVE
THAT INFORMATION. WE WOULD LOVE TO KNOW WHAT IS THE ACTUAL RETURN OF
BOTTLES IN THE STATE OF OREGON.
IN OUR OWN CASE, THEY ARE THE ONLY FIGURES WE HAVE, IS 40 PERCENT.
WE WOULD THINK THAT THE LOCAL BREWERY IS GETTING MORE THAN 100 PERCENT.
DON'T YOU THINK THAT WOULD BE A VERY IMPORTANT STATISTIC TO HAVE?
MR. SELLINGER. I DON'T THINK WE CAN FORCE ANYBODY AND I THINK THAT
THE LEGISLATIVE COMMITTEE IN OREGON HAS ATTEMPTED TO GET THAT
INFORMATION THROUGH A PRIVATE CONSULTING FIRM. WE HAVE BEEN ENCOURAGING
THEM, LET US GET THAT INFORMATION SO THAT WE DO HAVE FACTS TO ANSWER
INDIVIDUALS WHO MAY ASK THAT QUESTION. WE HAVE NOTHING TO HIDE. WE CAN
TELL YOU EXACTLY HOW MANY RETURNABLE BOTTLES WE GET BACK TODAY. BUT
THAT IS ON AN ON-PREMISE SYSTEM. WE CAN'T USE THAT INFORMATION TO SAY
THAT THIS IS WHAT WE WILL GET IN AN OFF-PREMISE SYSTEM.
SENATOR DOMENICI. I THINK YOU WANTED TO COMMENT?
MR. STROH. IFYOU HAVE A MINUTE, I WOULD LIKE TO TAKE YOU THROUGH
THESE ALTERNATIVES BECAUSE THE RAMIFICATIONS ARE PRETTY PROFOUND. I
IMAGINE THAT FROM THE PUBLIC POLICY POINT OF VIEW, WE HAVE BASICALLY
FOUR ALTERNATIVES. ONE IS TO DO NOTHING, ONE IS TO GO BACKWARD, ANOTHER
IS TO GO FORWARD, AND A FOURTH IS TO DO BOTH. WE PUT PACKAGING
INVESTMENT HERE, RESOURCE RECOVERY INVESTMENT HERE AND ENERGY INVESTMENT
HERE. YOU TAKE A LOOK AT THESE ALTERNATIVES. IF WE DO NOTHING WE DON'T
HAVE TO MAKE AN INVESTMENT IN PACKAGING EQUIPMENT ANY INVESTMENT IN
RESOURCE RECOVERY EQUIPMENT, BUT WE HAVE TO PUT 15 BILLION DOLLARS INTO
STRIP MINES, ATOMIC POWERPLANTS, OIL WELLS, AND WHO KNOWS WHAT ELSE, BUT
WHO KNOWS WHAT ENVIRONMENTAL CONSEQUENCES IN ORDER TO GENERATE 2.5
PERCENT OF THE ENERGY THAT IS REQUIR-D UNDER PROJECT INDEPENDENCE.
IF WE GO BACKWARD WE HAVE TO PUT 5 BILLION DOLLARS INTO THE COST OF
RETURNING THE RETURNABLES, NOTHING INTO RESOURCE RECOVERY, STILL PUT 15
BILLION DOLLARS INTO ATOMIC POWERPLANTS, STIP MINES, OIL WELLS, OFFSHORE
OIL WELLS AND WHAT HAVE YOU. LET ME PUT A TOTAL UP HERE.
SENATOR DOMENICI. THAT ENERGY COLUMN REPRESENTS 2.5 PERCENT OF THE
INVESTMENT?
MR. STROH. YES.
IF WE GO FORWARD WE DON'T PUT ANYTHING INTO PACKAGING, WE PUT 5
BILLION DOLLARS INTO RESOURCE RECOVERY, WE DON'T PUT ANYTHING INTO
ENERGY AND WE HAVE A TOTAL COST OF 5 BILLION DOLLARS.
IF WE TRY TO GO FORWARD AND BACKWARD WE PUT 5 BILLION DOLLARS IN HERE
FOR RETURNING THE RETURNABLES. 5 BILLION DOLLARS IN HERE FOR RESOURCE
RECOVERY SYSTEMS, NOTHING FOR ENERGY AND WE HAVE A COST OF 10 BILLION
DOLLARS. IN THIS CASE 15 BILLION DOLLARS, 20 BILLION DOLLARS, 5 BILLION
DOLLARS AND 10 BILLION DOLLARS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 046 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106994
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THIS ALTERNATIVE GOING FORWARD FROM A SOURCE REDUCTION POINT OF VIEW
WILL BE SUPERIOR TO THIS. THIS ALTERNATIVE FROM A SOLID WASTE REDUCTION
POINT OF VIEW WILL BE SUPERIOR TO THIS. THIS ALTERNATIVE FROM AN ENERGY
SAVING POINT OF VIEW, THIS ALTERNATIVE "C" GOING FORWARD FROM AN ENERGY
POINT OF VIEW, WILL BE FOUR TIMES AS GOOD AS THIS.
WHEN YOU TAKE A LOOK AT THE COSTS INVOLVED IN THESE TWO ALTERNATIVE
PROGRAMS THIS COSTS APPROXIMATELY A QUARTER OF THAT RELEASING 15 BILLION
DOLLARS THAT CAN BE USED FOR OTHER DESIRABLE ENVIRONMENTAL PURPOSES.
WITHOUT THE ENVIRONMENTAL CONSEQUENCES THAT ARE ASSOCIATED WITH THIS
INVESTMENT IN ENERGY HERE AND HERE.
IF YOU TURN AROUND AND ANALYZE THESE COSTS
SENATOR DOMENICI. IS YOUR ANNULIZATION ON THE CHART YOU HAVE GOT?
MR. STROH. I HAVE GOT IT HERE JUST ON THE BACK OF AN ENVELOPE. WE
CAN PUT IT IN.
SENATOR DOMENICI. WOULD THAT BE EASIER TO PUT IN THE RECORD THAN
THAT? WHY DON'T YOU JUST GIVE US THAT? WE ARE TRYING TO FIGURE OUT HOW
TO PUT HIS BEER CANS IN THE RECORD.
(THE INFORMATION REFERRED TO FOLLOWS:)
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 047 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106995
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
TABLE OMITTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 048 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106996
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
TABLE OMITTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 049 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106997
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MR. STROH. BUT WHEN YOU ANNUALIZE THESE COSTS AND TAKE INTO ACCOUNT
THE COST TO THE CONSUMER FOR RETURNING THE RETURNABLES AND ALSO TAKING
INTO ACCOUNT THE ENVIRONMENTAL DIVIDEND YOU COME UP WITH EVEN MORE
AMAZING FIGURES, MORE AMAZING IF YOU WILL, IN FAVOR OF MOVING FORWARD IN
THE DIRECTION OF RESOURCE RECOVERY JUST AS FAST AS WE CAN.
SENATOR DOMENICI. THIS WILL BE OUR LAST QUESTION.
MIDWEST RESEARCH INSTITUTE RECENTLY COMPLETED A COMPARATIVE ANALYSIS
OF NINE ALTERNATIVE TYPES OF CONTAINERS FOR BEER AND SOFT DRINKS. THE
ANALYSIS, WHICH COMPARED NINE TYPES BASED ON TOTAL ENVIRONMENTAL
RESOURCE AND ENERGY IMPACT, INDICATED THAT ALUMINUM CANS HAVE THE
GREATEST IMPACT 19-TRIP AND THEN 5-TRIP GLASS RETURNABLES HAD THE LEAST
AND ONE-WAY GLASS AND STEEL CONTAINERS WERE IN BETWEEN.
HAS YOUR INDUSTRY EVALUATED THAT STUDY OR WHAT WOULD THEIR VIEWS BE
ON THAT EVALUATION?
MR. SELLINGER. I AM SURE THAT WE HAVE SENATOR. OF COURSE I DON'T
THINK THAT THOSE STUDIES TAKE INTO CONSIDERATION THE RECYCLYING OF
ALUMINUM. WHEN YOU RECYCLE ALUMINUM IT IS A DIFFERENT PICTURE.
SENATOR DOMENICI. OUR INFORMATION IS THAT RECYCLING ON THE ALUMINUM
WAS TAKEN INTO CONSIDERATION.
MR. SELLINGER. I AM NOT PREPARED TO ANSWER THE QUESTION. I AM SURE
THE INDUSTRY HAS: DR. WEINBERG, WHO IS IN THE AUDIENCE, MAY HAVE AN
ANSWER TO THAT.
SENATOR DOMENICI. DR. WEINBERG, DO YOU HAVE AN ANSWER TO THAT?
DR. WEINBERG. YEST. I THINK THE MIDWEST STUDY HAS TO BE THE MOST
WIDELY CIRCULATED AND DISCUSSED NONRELEASED STUDY IN THE COUNTRY. EPA
HAS NOT RELEASED THIS BUT VIRTUALLY EVERYONE WHO HAS HAD AN INTEREST HAS
RECEIVED THIS COMMENT.
SENATOR DOMENICI. HAVE YOU?
DR. WEINBERG. YES.
SENATOR DOMENICI. SO YOU HAVE NO COMPLAINT IN THAT REGARD?
DR. WEINBERG. NO, SIR. NOT AT ALL.
SENATOR DOMENICI. SO YOU ARE PREPARED TO COMMENT ON IT?
DR. WEINBERG. IT IS A STUDY THAT I THINK IS VERY, VERY INTERESTING.
IT IS A VERY, VERY CLEVER STUDY. IT IS A DECEPTIVELY CLEVER STUDY. THE
AUTHORS VERY PROPERLY HYPOTHESIZED A SYSTEM FOR DELIVERING MORE
BEVERAGES TO THE CONSUMER.
I THINK THERE WERE THREE WEAKNESSES OF THE ANALYSIS IN THAT IT IS AN
INCOMPLETE SYSTEM: THAT IS, IF WE ASSUME, FOR EXAMPLE, THAT AS A RESULT
OF BEING A NONCONVENIENCE PACKAGING THE CONSUMER CUT BACK ON HIS
EXPENDITURES MORE ON BEVERAGES AND TOOK THAT MONEY AND BOUGHT SOMETHING
ELSE, WHAT WOULD HAPPEN TO THE TOTAL ENERGY PICTURE?
SO I THINK THE SYSTEM IS AN INCOMPLETE SYSTEM. SOME VERY RECENT WORK
BY PROFESSOR HANNON AT THE UNIVERSITY OF ILLINOIS IS AN ATTEMPT TO ROUND
THIS THROUGH THE USE OF A COMPLETE ENERGY SYSTEM.
I THINK THE EPA MIDWEST NUMBERS ASSUME A CERTAIN TRIP LENGHT FOR A
RETURNABLE BOTTLE. THIS IS AN INTERESTING THING, BECAUSE I THINK FOR
ANYONE WHO DOESN'T KNOW THE BREWING INDUSTRY THE STATEMENT THAT A 5-TRIP
BOTTLE LIFE IS GENEROUS WOULD SEEM REASONABLE BECUASE AT THE PRESENT
TIME THE TRIP LIFE OF A RETURNABLE BOTTLE IS PROBABLY IN EXCESS OF 15
TRIPS AND MAYBE 20-SOME TRIPS.
WHAT THE AUTHORS OVERLOOK IS THE FACT THAT POSSIBLY 90 PERCENT OF THE
RETURNABLE BOTTLES ARE IN THE CAPTIVE SYSTEM. THEY ARE IN THE CAPTIVE
SYSTEM. IF WE GO THROUGH THE ALGEBRA FOR EXAMPLE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 050 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106998
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SENATOR DOMENICI. WHAT DOES CAPTIVE SYSTEM MEAN?
DR. WEINBERG. THE ON-PREMISE SYSTEM. IN THE ON-PREMISE SYSTEM THE
BOTTLES INVARIABLY COME BACK. SO WE CAN LOOK AT THIS KIND OF
ALGEBRAICALLY ALMOST AND SAY IF THE AVERAGE TRIP LIFE IS 20 TRIPS, THE
TRIP LIFE FOR 85 TO 90 PERCENT OF THOSE BOTTLES IS PROBABLY 50 TO 100
TRIPS, DEPENDING ON THE PHYSICAL LIFE OF THE BOTTLE, WHAT MUST THE
AVERAGE TRIP LIFE BE FOR THAT SMALL PERCENTAGE THAT IS IN THE HOME
MARKET?
THAT TURNS OUT TO BE PROBABLY TWO OR THFEE TRIPS. SO IF WE WENT TO A
RETURNABLE ONLY SYSTEM, RETURNABLE BOTTLE ONLY SYSTEM, USING THE CURRENT
OBSERVABLE TRIP LIFE OF TWO OR THREE OR MAYBE FOUR. THIS IS SOMETHING
THAT SEEMS VERY GENEROUS IS NOT GENEROUS.
SUMMING IT UP, I THINK THE EPA MIDWEST NUMBERS ARE A VERY CLEVER
SIMPLIFICATION OF A DREADFULLY COMPLICATED REAL LIFE SITUATION.
SENATOR DOMENICI. WOULD YOU MAKE AVAILABLE AT YOUR CONVENIENCE IN
WRITING FOR THE COMMITTEE YOUR ANALYSIS OF MIDWEST'S STUDY? COULD YOU
DO THAT FOR US?
DR. WEINBERG. I WOULD BE VERY PLEASED.
MR. RIDDELL. AS HIS COUNSEL AND COUNSEL FOR THE UNITED STATES
BREWERS ASSOCIATION, I WOULDLIKE TO SAY THIS: IF YOU WILL OBTAIN
OFFICIALLY FOR US A COPY OF THEIR STUDY, WE WILL BE HAPPY TO GIVE YOU
OUR ANALYSIS.
SENATOR DOMENICI. WE WILL DO THAT. THE COMMITTEE WIL FORWARD IT TO
YOU AND WE WOULD LIKE YOU TO COMMENT ON IT. ACTUALLY, WE ARE SINCERE IN
THIS REGARD. WE ARE NOT INTERESTED IN CLEVER STUDIES. WE DON'T KNOW
THAT YOUR DESCRIPTION IS CORRECT. WE ARE INTERESTED IN SOMETHING
REALISTIC.
TO THAT EXTENT, IF YOU CAN TELL US WHEREIN IT FAILS TO BE OBJECTIVE,
I THINK IT WILL BE OF EXTREME INTEREST SINCE IT IS A DOCUMENT UPON WHICH
THEY BASE A GREAT DEAL OF THEIR STRENGTH IN TERMS OF ANALYSIS OF
ALTERNATIVES.
DR. WEINBERG. SENATOR, I DON'T QUESTION ITS OBJECTIVITY, I THINK IN
AN EFFORT TO PRODUCE THE PRODUCT THEY HAVE SIMPLIFIED REALITY TO THE
POINT THAT CONCLUSIONS MAY BE QUESTIONED.
SENATOR DOMENICI. WE WILL HAVE SEMANTICS PROBLEM, YOU AND I, BECAUSE
THAT IS PRECISELY WHAT I MEAN BY BEING NONOBJECTIVE. I THINK WE WOULD
GO ON FOREVER.
WE OUGHT TO WIND THIS UP. I WANT TO THANK YOU IN BEHALF OF THE
COMMITTEE NOT ONLY FOR THE TESTIMONY BUT YOUR PATIENCE ON A VERY
DIFFICULT DAY INTRMS OF THE COMMITTEE'S ABILITY TO BE WITH YOU AND ASK
QUESTIONS. WE ARE GOING TO BE IN RECESS UNTIL 2:15 THIS AFTERNOON, NOT
2, AS STATED IN THE SCHEDULE, AND AT THAT TIME, MR. ANDREW BIEMILLER, OF
THE AFL-CIO, WILL TESTIFY. WE WILL STAND IN RECESS.
(WHEREUPON, AT 1:45 P.M., THE PANEL RECESSED, TO RECONVENE AT 2:15
P.M., THE SAME DAY.)
(MR. MUDD'S AND MR. SELLINGER'S PREPARED STATEMENTS FOLLOW:)
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 051 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
106999
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
TITLE PAGE OMITTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 052 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107000
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MY NAME IS SIDNEY P. MUDD. I AM CHAIRMAN OF THE NEW YORK SEVEN-UP
BOTTLING COMPANY, INC. I AM SPEAKING ALSO TODAY AS CHAIRMAN OF THE NEW
YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY AND AS VICE
PRESIDENT OF THE NATIONAL SOFT DRINK ASSOCIATION, HERE IN WASHINGTON.
YOU HAVE THE SPECIFIED COPIES OF MY FORMAL STATEMENT WHICH I REQUEST BE
MADE PART OF THE RECORD OF THIS HEARING. WITH THE PERMISSION OF THE
CHAIRMAN, I WOULD LIKE TO LAY THE FORMAL STATEMENT ASIDE MOMENTARILY AND
SPEAK TO YOU ON A MORE DIRECT AND PERSONAL BASIS, STILL FOR THE RECORD.
I HAVE BEEN IN THE SOFT DRINK BUSINESS FOR ALL OF MY BUSINESS LIFE, A
TOTAL OF THIRTY-SIX YEARS. FOR THIRTY-THREE OF THOSE YEARS, I WAS
CONVINCED THAT I WAS IN A SOUND AND WHOLESOME BUSINESS, BRINGING TO ALL
PEOPLE REGARDLESS OF AGE, COLOR, BELIEF OR STATUS, A HARMLESS MOMENT OF
RELAXATION AND PLEASURE, AS CONVENIENTLY AS POSSIBLE, AT A FAIR AND
REASONABLE PRICE, AT HOME, AT WORK, AND AT PLAY. I STILL BELIEVE THAT.
BUT FROM 1971 FORWARD IT APPEARS THAT CERTAIN ELEMENTS WITHIN OUR
GOVERNMENT, EITHER EXECUTIVE OR LEGISLATIVE, THINK TO THE CONTRARY.
THE FEDERAL TRADE COMMISSION SAYS OUR FRANCHISE SYSTEM, WHICH HAS
DEMONSTRATED FOR SEVENTY-FIVE YEARS THE MOST EFFECTIVE DISTRIBUTION
METHOD YET DEVISED, IS NOW ILLEGAL. THE FOOD AND DRUG ADMINISTRATION
TELLS US CYCLAMATES ARE UNSAFE. THEY BAN THEM. NOW THEY ARE NOT SURE
THEY WERE OVER HARMFUL. NUTRITIONAL VALUES ARE CHALLENGED BY OTHERS AS
THOUGH WE HAD CLAIMED HIGH NUTRITIONAL LEVELS IN THE FIRST PLACE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 053 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107001
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
OSHA INSPECTORS MOVE THROUGH INDUSTRY AS IF POLICING FELONS, AND
FINALLY THE ENVIRONMENTAL PROTECTION AGENCY AND SENATOR HATFIELD, FROM A
SINGULAR STATE LIKE OREGON, SEEK TO BLAME THE BULK OF THE LITTER AND
SOLID WASTE PROBLEMS IN AMERICA ON SOFT DRINK AND BEER CONTAINERS,
REGARDLESS OF THE FACTS.
GENTLEMEN, THIS IS SYMPTOMATIC OF A SICKNESS IN AMERICA THAT WE HAD
BETTER BEGIN TO DO SOMETHING ABOUT. THAT SICKNESS IS NEGATIVISM,
SOPHISTICATED, CYNICAL, SUSPICIOUS NEGATIVISM. BEING AGAINST THINGS,
BEING AGAINST PEOPLE, TEARING DOWN, ACCUSING. I HAVE SPENT MORE THAN
HALF MY WORKING HOURS FOR THE LAST THREE YEARS TRYING TO SAVE THE JOBS
OF OUR 500 EMPLOYEES IN NEW YORK FROM THE DESTRUCTION THAT NEGATIVISM
WOULD VISIT UPON, MIND YOU, A COMPANY SELLING SOFT DRINKS AND NOTHING
ELSE, IF THE EXCESSES OF CONSUMERISM, ENVIRONMENTALISM, AND BUREAUCRATIC
RESPONSE WERE TO PREVAIL.
NEGATIVISM NEVER BUILT ANYTHING IN THIS COUNTRY NOR ANY PLACE ELSE.
CONFRONTATION BETWEEN BUSINESS AND GOVERNMENT NEVER BUILT ANYTHING.
"NO-GROWTH" THINKING AND "LEGISLATED LIVING" WILL MAKE AMERICA STERILE
IN THE END. THAT MAY BE ACCEPTABLE TO SOME WHO LOOK ONLY TO THEIR OWN
TIME AND PLACE, BUT I HOPE IT WILL NEVER BE ACCEPTABLE TO YOU AND TO ME.
THAT IS WHY I AM PARTICULARLY PLEASED AND HAPPY TO BE HERE TODAY. I
HAVE THE CHANCE TO BE FOR SOMETHING AGAIN, TO BE POSITIVE, TO OFFER TO
HELP, TO RALLY OTHERS, IN SO PRESTIGIOUS A FORUM AS THE SENATE OF THE
UNITED STATES. MAY I TELL YOU WHY AND HOW.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 054 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107002
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
TWO YEARS AGO IN THE STATE OF NEW YORK, INDUSTRY AND LABOR FORMED A
COMMITTEE TO PROVIDE A POSITIVE SOLUTION TO THE SOLID WASTE PROBLEM.
WITH SOFT DRINK AND BEER PACKAGING AMOUNTING TO ONLY 1.4 PERCENT OF
URBAN SOLID WASTE AND USING LESS THAN 1/2 OF 1 PERCENT OF THE NATIONAL
ENERGY TOTAL, WE WERE TIRED OF BEING BLAMED FOR THE NATIONAL SOLID WASTE
AND ENERGY PROBLEM.
WE BROUGHT SOME EIGHTY-THREE PERSONS, COMPANIES, UNIONS AND
ASSOCIATIONS TOGETHER, MANY WITH NATIONAL BREADTH, AND WE DEDICATED
OURSELVES TO THE SOLUTION OF THE WHOLE PROBLEM OF SOLID WASTE, NOT JUST
A TINY PART OF IT. WE ABANDONED THE DEFENSIVE POSTURE AND STRUCK OUT
POSITIVELY FOR A SYSTEM APPROACH TO SOLID WASTE MANAGEMENT FOR RESOURCE
RECOVERY. WE THEN PRESENTED OURSELVES AS A WORKING COALITION OF
INDUSTRY AND LABOR TO GOVERNMENT AT THREE LEVELS, STATE, COUNTY, AND
CITY. WE URGED FIRST AN UNDERSTANDING OF WHAT WE HAD TO OFFER IN
MANPOWER, TIME, ENERGY, EXPERTISE, AND BACK-UP RESOURCES. WE THEN URGED
THE FORMING OF A TASK FORCE OF INDUSTRY, LABOR, AND GOVERNMENT WITH A
MANDATE FROM THE CONVENING AUTHORITY TO SOLVE THE SOLID WASTE PROBLEM.
ITRULY BELIEVE THAT SIGHS OF RELIEF ARE GOING UP ALL OVER THE STATE.
WE KNOW THERE IS A SOLUTION. THE NEW YORK STATE LEGISLATURE HAS PASSED
AN ENVIRONMENTAL BOND ACT, IT HAS ENABLED MUNICIPALITIES TO ENTER INTO
20-YEAR CONTRACTS AND PASSED OTHER LAWS TO FACILITATE RESOURCE RECOVERY
INSTALLATIONS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 055 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107003
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
NEW YORK CITY IS RECASTING ITSELF IN A POSITIVE ROLE TO MOVE TO
RESOURCE RECOVERY. WE ARE IN THE PRESENT PROCESS OF FORMALIZING THE
TASK FORCE THAT WILL LEAD THE WAY.
THE 30,000 TONS A DAY OF NEW YORK CITY SOLID WASTE ARE A BIG PROBLEM.
THE SOLUTION IS RELATIVELY UNCOMPLICATED. WE CAN TAKE RAW GARBAGE,
SHRED IT, AND SEPARATE IT INTO GLASS, METAL, AND ORGANIC FIBER. THE
GLASS AND METAL ARE SOLID TO INDUSTRY FOR REUSE AND THE ORGANIC
COMPONENT BECOMES FUEL FOR NEW ENERGY.
IN EFFECT WE ARE GOING TO CREATE A NEW INDUSTRY THAT PROVIDES NEW
JOBS, NEW PROFITS, NEW TAX REVENUES, NEW RESOURCES, AND NEW ENERGY. ONE
THAT DESTROYS NO JOBS, DISRUPTS NO ECONOMY, WASTES NOTHING, POLLUTES
NOTHING, INCONVENIENCES NO ONE.
IN ESSENCE, IT REPLACES NEGATIVISM WITH POSITIVISM AND THE WHOLE JOB
WILL GET DONE FOR THE GOOD OF ALL.
AGAINST SUCH A BACKGROUND, YOU HAVE ASKED ME TO COMMENT UPON THE
BILLS WHICH THIS HEARING HAS BEFORE IT. INSOFAR AS S. 3549 AND S. 3277
FURTHER THE CAUSE OF RESOURCE RECOVERY AND THE REUSE OF MATERIAL AND
ENERGY, OUR ASSOCIATION AND OUR COMMITTEE COULD SUPPORT THEM. BUT
BECAUSE THEY ARE INTERLACED WITH PLANS FOR FURTHER GOVERNMENTAL
RESTRICTION AND CONTROL OF PACKAGING, BECAUSE THEY IMPACT UPON THE VERY
FUTURE OF PACKAGED GOODS IN AMERICA AND THE EMPLOYMENT OF THOSE WHO MAKE
AND USE IT, TO SAY NOTHING OF THE CHOICE AND CONVENIENCE OF THE
CONSUMER, WE MUST URGE THEIR ABANDONMENT BY THIS SUBCOMMITTEE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 056 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107004
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
NOW WE COME TO THE POSITIVE MOMENT WHICH THE PAST TWO YEARS OF
STRIVING HAVE BROUGHT US TO: THE ACTIVE SUPPORT OF A BILL IN THE U.S.
SENATE, S. 3560, WHICH RECOGNIZES THE REAL PROBLEM, PERCEIVES THE
POSITIVE SOLUTION, DEFINES THE FEDERAL AND STATE ROLES, EVOKES
COOPERATIVE GUARANTEES FROM INDUSTRY AND ELIMINATES THE THREAT OF
DESTRUCTION TO INDUSTRY AND LABOR, WHO ARE LEFT FREE TO CONCENTRATE ON
GETTING THE JOB DONE. S. 3560 IN EFFECT CREATES A NEW, NEEDED, AND
CONTINUING INDUSTRY WHICH HELPS EVERYONE AND HARMS NO ONE. NEW JOBS,
NEW PROFITS, NEW TAX REVENUES, NEW RESOURCES, NEW ENERGY. AND THE
SOLUTION TO SOLID WASTE.
THE NATIONAL SOFT DRINK ASSOCIATION REPRESENTS 1,800 SOFT DRINK
BOTTLERS IN ALL FIFTY OF THE STATES. THE NEW YORK INDUSTRY-LABOR
COMMITTEE FOR RESOURCE RECOVERY REPRESENTS MEMBERS OF THE SOFT DRINK
INDUSTRY, THE BREWING INDUSTRY, THE IRON, STEEL AND ALUMINUM INDUSTRIES,
THE CAN, GLASS, PAPER AND PLASTICS INDUSTRIES AND THE FOOD STORE
INDUSTRY. UNEQUIVOCALLY TODAY I CAN ASSURE YOU OF THE FULL SUPPORT OF
THAT WIDE RANGE OF INDUSTRY AND THE EQUALLY WIDE RANGE OF LABOR UNIONS
WHICH PROVIDE ITS EMPLOYEES FOR S. 3560 AND ITS MEANINGFUL AMENDMENTS TO
THE SOLID WASTE DISPOSAL ACT.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 057 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107005
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
WE URGE THE FASTEST POSSIBLE MOVEMENT OF S. 3560 TOWARD ENACTMENT,
ITS RAPID FUNDING, AND THE EARLIEST POSSIBLE BEGINNING OF THE NATIONAL
SOLUTION IT MOTIVATES. INDUSTRY AND LABOR ARE READY AND ANXIOUS TO
HELP. ADD TO THAT READINESS THE READINESS AND POWER OF GOVERNMENT AND
THERE IS NO PROBLEM IN THE NATURAL ORDER THAT WE CANNOT SOLVE TOGETHER.
THANK YOU, GENTLEMEN, FOR WHAT I HOPE AND PRAY YOU ARE ABOUT TO DO
FOR POSITIVISM AND THE GOOD OF THIS COUNTRY.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 058 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107006
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
TITLE PAGE OMITTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 059 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107007
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
I AM FRANK J. SELLINGER, GROUP VICE PRESIDENT FOR ANHEUSER BUSCH,
INC. IN THAT POSITION I AM RESPONSIBLE FOR THE ENGINEERING OF ALL MAJOR
PROJECTS AS WELL AS THE ACTIVITIES OF THE STANDARDS, PACKAGE
ENGINEERING, INDUSTRIAL ENGINEERING DEPARTMENTS, PURCHASING, AND CAN
MANUFACTURING.
A RESUME' WHICH I HAVE SUBMITTED, TOGETHER WITH A COPY OF THE
PRESENTATION WHICH I WILL MAKE, INDICATED THAT I HAVE BEEN EMPLOYED IN
THE BREWING INDUSTRY FO THE PAST 37 YEARS. I HAVE THE GOOD FORTUNE TO
HAVE HELD POSITIONS IN BREWING AND PACKAGING PRODUCTION, IN MANAGMENT OF
SMALL AND LARGE BREWERIES, LOCAL, REGIONAL AND NATIONAL. I HAVE ALSO
OWNED AND OPERATED A WHOLESALE BEER DISTRIBUTION BUSINESS.
DURING MY CAREER, I HAVE SEEN THE BREWING INDUSTRY CHANGE, AS HAVE SO
MANY INDUSTRIES IN THE UNITED STATES. THAT CHANGE HAS BROUGHT GREAT
PROOGRESS AND MADE POSITIVE CONTRIBUTIONS IN THE ECONOMY OF THE UNITED
STATES.
IN 1934 THERE WERE 756 BREWERIES, IN 1952 AFTER KOREA 357, BY
1961-229 AND PRESENTLY LESS THAN 100. NOT ONLY HAS THERE BEEN A
REDUCTION IN NUMBER, BUT ALSO A CHANGE IN SIZE FOR PRODUCTION HAS RISEN
FROM 32 MILLION TO APPRIXIMATELY 141.0 MILLION BARRELS/YEAR. THIS HAS
RESULTED IN NEW METHODS OF PRODUCTION AND DISTRIBUTION. DEMAND FOR
ECONOMY AND EFFICIENCY OF OPERATION HAVE BEEN THE SOURCE OF NEW TYPES OF
CONTAINERS BEING OFFERED TO THE CONSUMERS OF MALT BEVERAGES.
IN 1934, 75% OF THE BEER WAS SOLD AS DRAUGHT IN "ON PREMISE" OUTLETS
AND THE OTHER 25% IN REUSABLE GLASS CONTAINERS. A HIGH PERCENTAGE OF
THAT 25% IN GLASS CONTAINERS WAS ALSO CONSUMED "ON PREMISE" FOR VERY FEW
OF THE GLASS CONTAINER LEFT THE PREMISES -- IN OTHER WORDS -- HOME
CONSUMPTION WAS AT A MINIMUM.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 060 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107008
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IN THE PERIOD 1936 TO 1941, THERE WAS A GRADUAL INCREASE IN HOME
CONSUMPTION, WHICH RESULTED IN MINOR CHANGES IN THE MARKETING OF MALT
BEVERAGES, AND INTIATED THE USE OF NEW TYPES OF BEVERAGE CONTAINERS.
IT WAS NOT UNTIL AFTER THE EFFECTS OF WORLD WAR II HAD DISAPPEARED
THAT A MAJOR CHANGE IN THE MARKETPLACE BECAME A FACTOR IN THE USE OF NEW
PACKAGES IN THE BREWING INDUSTRY IN 1947.
THE RETURNED "VETERAN" OF WORLD WAR II, WHO HAD BEEN EXPOSED TO NEW
BRANDS OF BEER IN NON-REUSABLE CONTAINERS DURING HIS MILITARY DAYS,
READILY PURCHASED HIS BEER FOR HOME CONSUMPTION IN THE NOW AVAILABLE
CIVILIAN GLASS AND METALLIC NON-REUSABLE CONTAINER, EVEN THOUGH IT WAS
OFFERED AT A HIGHER PRICE THAN BEER IN THE FAMILIAR ACCEPTABLE REUSABLE
GLASS BOTTLE.
THE AVAILABLITY AND ACCEPTANCE OF ONE-WAY CONTAINERS RESULTED IN
THESE PACKAGING CHANGES IN THE BEER INDUSTRY.
AS THE BEER INDUSTRY RECOGNIZED THE CONSUMER'S ACCEPTANCE OF ONE-WAY
CONTAINERS, IT BECAME MORE AWARE OF THE PART PACKAGING WOULD LAY IN ITS
DESIRED GROWTH.
SO, ALSO, THE CONTAINER MANUFACTURERS RECOGNIZED THAT IF THE BREWING
INDUSTRY WAS ACCEPTABLE TO CONTAINER CHANGE, THEIR OPPORTUNITY FOR
GROWTH DEPENDED ON PRODUCTION THE "RIGHT" ONE-WAY CONTAINER.
EXPENDITURE FOR RESEARCH, NEW TECHNOLOGY AND NEW FACILITIES COULD BE
JUSTIFIED BY PROJECTED INCREASED SALES IN BOTH METAL AND GLASS
CONTAINERS.
THE VERY INTRODUCTION OF THE FLAT-TOP CAN FORCED CHANGES IN GLASS
TECHNOLOGY. AS GLASS CONTAINERS WERE REDUCED IN WEIGHT AND SIZE AND
THEREFORE IN ACQUISITION COST, COMPETITIVE PRESSURE WAS THEN PLACED ON
THE STEEL INDUSTRY AND CAN MANUFACTURERS.
SINCE THE RAW MATERIAL USED IN ONE-WAY GLASS MANUFACTURING IS ONLY
20% OF THE FINAL COST, WHILE THE RAW MATERIAL FOR METAL CONTAINERS IS
50%, CAN MANUFACTUERS AND STEEL SUPPLIERS BY NECESSITY HAD TO DO THINGS
BETTER TO OFFSET THE RAW MATERIAL DIFFERENCES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 061 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107009
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
1. DEVELOP DIFFERENT TYPES OF STEEL -- LESS STEEL/UNIT.
2. INCREASE STEEL AND CAN PLANTS MANUFACTURING EFFICIENCIES.
3. LOCATE CAN PLANTS NEARER OR EVEN ADJOINING BREWERIES.
4. DEVELOP CONVENIENCE FEATURES IN OPENING DEVICES NOT AVAILABLE TO
ONE-WAY GLASS CONTAINERS.
A QUICK GLANCE INDICATES SOME OF THE CHANGES IN ONE-WAY METAL
CONTAINERS WHICH HELPED TO CHECK PRICE INCREASES WHILE CERTAIN COSTS
INCREASED:
A. STEEL INDUSTRY DEVELOPED ACCEPTABLE TINPLATE FOR ONE-WAY BEER
CONTAINERS EVEN THOUGH THE THICKNESS OF TIN COATING WAS REDUCED BY 50%
FROM NORMAL.
B. REDUCED GAUGE OF PLATE TO 55% FROM 90% (FOR BODY OF CAN.)
C. REDUCED GAUGE OF PLATE TO 90(SYMBOL OMITTED) TO 107 (SYMBOL
OMITTED) (FOR END.)
D. PRODUCED A TINFREE MATERIAL WHICH WILL NOT RUST. (COATED WITH A
THIN FILM OF CHROMIUM.)
E. PRODUCED A BLACK IRON WITH NO COATING.
F. THE ALUMINUM INDUSTRY DEVELOPED A NEW METHOD OF MANUFACTURING
CANS WHICH USES LESSER AMOUNTS OF A HIGHER-PRICED METAL TO BE
COMPETITIVE WITH LESS COSTLY STEEL.
G. NEW ALLOYS OF ALUMINUM AND MANGANESE PERMIT LESS COSTLY
CONTAINERS TO BE MANUFACTURED BY REDUCING CONTAINER WALL THICKNESS.
AS NEW MATERIALS SUCH AS TINFREE STEEL, BLACK PLATE, AND ALUMINUM
WERE MADE AVAILABLE, NEW TECHNIQUES HAD TO BE DEVELOPED BY THE CAN
MANUFACTURERS TO UTILIZE SUCH MATERIAL. THE POTENTIAL REWARD WAS SO
GREAT THAT IT JUSTIFIED THE EXPENDITURE OF MILLION OF DOLLARS TO DEVELOP
HIGH-SPEED WELDING AND PLASTIC JOINING OF STEEL EDGES TO MANUFACTURE THE
FAMILIAR 3-PIECE BEER CAN.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 062 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107010
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THE LARGE BREWRIES REALIZED THAT COMPETIVENESS IN RAW MATERIAL WOULD
AID IN EITHER HOLDING THE LINE OR EVEN CUTTING THE PRICE OF METAL
ONE-WAY CONTAINERS. NEW METHODS OF HANDLING AND FILLING LIGHT-WEIGHT
CONTAINERS WERE DEVELOPED.
GRANTED THAT CAN INNOVATION AND ACCOMPANING COST REDUCTIONS ARE A
RESULT OF ONE-WAY BOTTLE COMPETITION, IT ALSO BEHOVES THE BREWER TO KEEP
METAL CONTAINERS AS A COMPETITOR TO GLASS.
IT MIGHT BE WELL TO EXAMINE HOW GLASS AND METAL CONTAINERS VARIED IN
PRICE AS COMPETITIVE PACKAGES WERE DEVELOPED AND ONE-WAY CONTAINERS
BECAME A GREATER PERCENT OF THE PACKAGE MIX.
12 OZ. RETURNABLES: 1953 - 5.15/GROSS; 1958 - 6.25/GROSS; 1962 -
5.75/GROSS; 1973 - 7.18/GROSS. THIS LOWER PRICE IN 1962 WAS A RESULT
OF A NEW LIGHTER-WEIGHT RETURNABLE BOTTLE BEING DEVELOPED -- DUE TO
DIRECT COMPETITION OF ONE-WAY GLASS AND METAL CONTAINERS.
12 OZ. ONE-WAY (GLASS) IN 1958 - 4.30/GROSS; 12 OZ. HEADY ONE-WAY IN
1959-62 - 3.68/GROSS AND 1973 - 4.30/GROSS.
CAN PRICES WERE HELD IN CHECK AFTER INTRODUCTION OF HANDY-ONE-WAY
GLASS IN 1959.
12 OZ. CANS/1,000 IN 1953 - 30.49; 1958 - 35.43; 1959 -34.39; 1960
- 34.39; 1961 - 35.66; 1962 - 35.60; 1973 - 42.30.
IN 1962, THE LIGHTER-WEIGHT TINPLATE CAN REQUIRED AN INVESTMENT OF
OVER 35 MILLION DOLLARS BY THE STEEL AND CAN MANUFACTURING INDUSTRIES.
IT IS DOUBTFUL IF SUCH AN EXPENDITURE WOULD HAVE BEEN MADE WITHOUT THE
COMPETITIVE PRESSURE OF THE LIGHT-WEIGHT HANDY ONE-WAY GLASS CONTAINER
AND THE INTRODUCTION OF ALUMINUM AS A NEW RAW MATERIAL FOR THE
MANUFACTURE OF ONE-WAY METAL CONTAINERS.
PRESENT MIX OF GLASS, STEEL (TINPLATE - TINFREE STEEL AND BLACK IRON)
AND ALUMINUM ONE-WAY CONTAINERS PREVENTS BREWER AND CONSUMER FROM BEING
AT THE MERCY OF ONE RAW MATERIAL OR ONE CONTAINER MANUFACTURING
INDUSTRY. SO, ALSO, IF GLASS OR METAL ONE-WAY CONTAINERS ARE REMOVED
FROM THE BREWER'S POTENTIAL USE -- THEN RETURNABLE CONTAINERS WILL GO UP
IN PRICE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 063 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107011
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IF GLASS RETURNABLE CONTAINERS MUST BE UNIFORM, IT WILL LESSEN
COMPETITION IN PACKAGING. PRESENTLY 19 OF THE TOP 23 BREWERS ARE
PACKAGING IN ONE OR MORE PRIVATE OR SEMI-PRIVATELY DESIGNED GLASS
ONE-WAY CONTAINERS. THESE PRIVATE MOLDS REQUIRE COMPETITIVENESS IN
DEVELOPING STRONG BOTTLES AT LIGHT WEIGHT. THROUGH RESEARCH AND NEW
GLASS-MAKING TECHNIQUES, CONTAINER MAKERS ARE PRODUCING A
STRONGER-ENGINEERED GLASS BY MEANS OF BETTER MOLDING, GLASS
DISTRIBUTION, AND PROTECTIVE COATINGS. ALSO, WITH THIS GOES NEW
UPGRADING IN THE STRENGTH AND DESIGN OF SHIPPING CONTAINERS TO PROTECT
THIS LIGHTER GLASS CONTAINER IN SHIPMENT.
LISTED BELOW ARE SOME OF THE CHANGES WHICH HAVE TAKEN PLACE IN THE
MATERIALS USED IN ONE-WAY CONTAINERS AND IN THE PACKAGING OF SAME:
METAL CONTAINERS
TINPLATE CANS - 90(SYMBOL OMITTED) BODY - 103(SYMBOL OMITTED) END -
1/2(SYMBOL OMITTED) TO 55(SYMBOL OMITTED) - 90(SYMBOL OMITTED) -
1/4(SYMBOL OMITTED)
TINFREE STEEL - 55(SYMBOL OMITTED) BODY - 90(SYMBOL OMITTED) END -
ZERO TINPLATE
Q-PLATE - 55(SYMBOL OMITTED) BODY - 90(SYMBOL OMITTED) END - NO
CHEMICAL TREATMENT
ALUMINUM CANS - WEIGHT (SYMBOL OMITTED)/1,000 CANS - EMPTY 55(SYMBOL
OMITTED) -- 42(SYMBOL OMITTED) -- 40(SYMBOL OMITTED) 38(SYMBOL OMITTED)
-- 32(SYMBOL OMITTED) -- 28(SYMBOL OMITTED)
211 DIAMETER TO -- 209
ALUMINUN LIDS - 14.5 GAUGE PLATE TO 12.5 GAUGE FLUSH PANEL END -- E-Z
OPEN END
GLASS CONTAINERS NON-RETURNABLE GLASS WEIGHTS: 7 1/2 - 7 - 6 1/2 - 6
- 5 1/2 OZ.
SIX-PACK CARRIERS - FOR METAL CONTAINERS
BOX BOARD WRAP-AROUND: 35.00 DOLLARS/1,000 -- 25.00 DOLLARS 15.00
DOLLARS
PLASTIC CARRIER - WITH HANDLE: 15.00 DOLLARS/1,000
- WITHOUT ": 10.25 DOLLARS/1,000
SHRINK WRAP PVC: 12.00 DOLLARS/1,000
P.T.: 6.50 DOLLARS/1,000
CORRUGATED CONTAINERS: 175(SYMBOL OMITTED) TOTALLY ENCLOSED 4 FLAP
175(SYMBOL OMITTED) TOTALLY ENCLOSED - WRAP AROUND
125(SYMBOL OMITTED) TRAYS
TRAYS SHRINK WRAPPED VS. TOTALLY ENCLOSED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 064 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107012
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
TABLE OMITTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 065 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107013
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IN ADDITION TO SUBSTANTIAL ADVANCEMENT IN THE DEVELOPMENT OF
COMPETITIVE CONTAINERS, IT HAS BEEN NECESSARY FOR THE BREWER TO MINIMIZE
THE EFFECTS OF PRODUCTION AND LABOR COSTS IN THE PACKAGING OPERATION AT
THE BREWERY.
AS THE OUTPUT OF INDIVIDUAL PLANTS INCREASED, AND THE USE OF ONE-WAY
CONTAINERS BECAME A MORE DOMINANT PERCENT OF THE PACKAGE MIX, IT WAS
APPARENT THAT MORE SCIENTIFIC PRODUCTION METHODS COULD BE UTILIZED.
THIS, IN TURN, REQUIRED BREWERY MANAGEMENT TO:
1. DEVELOP WELL-DEFINED PRODUCTION MANAGEMENT TEAMS.
2. DELINEATE DUTIES OF MACHINE OPERATORS AS WELL AS SUPERVISORS.
3. RECRUIT HIGHLY-CAPABLE ENGINEERING STAFF.
4. DEVELOP HIGH-SPEED EQUIPMENT CAPABLE OF HIGH EFFICIENCY.
5. EQUIP MACHINERY WITH COMPLEX CONTROLS.
6. PLAN PRODUCTION MORE SCIENTIFICALLY.
7. ATTEMPT TO ELIMINATE PEAKS AND VALLEYS OF PRODUCTION.
8. FORECAST SALES MORE RELIABLY.
9. UTILIZE EMPLOYEES MORE EFFICIENTLY.
10. PREVENT TURNOVER OF TRAINED EMPLOYEES.
11. UTILIZE STANDARD CREWS BY SCHEDULED PRODUCTION.
12. FIND METHODS TO MOTIVATE EMPLOYEES.
13. PREVENT IRREGULAR EMPLOYMENT.
14. DEVELOP NEW MAINTENANCE PROGRAMS THROUGH COMPUTER CONTROL AND
COMPUTER DATA RECORDINGS.
15. DEVELOP LINE DELAY ANALYZER SYSTEMS.
16. SCHEDULE EMPTY CONTAINER SHIPMENT AND OTHER PACKINGING MATERIAL
AS THEY ARE REQUIRED FOR THE FILLING LINES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 066 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107014
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
AS A PACKAGE GROWS IN ACCEPTANCE, IT BECOMES MORE PROFITABLE AND
NECESSARY TO DEVELOP FASTER AND MORE EFFICIENT MEANS TO PRODUCE THAT
PACKAGE.
WITH THE TREMENDOUS GROWTH OF CANS, IN ADDITION TO THE
SELF-MANUFACTURING, BREWERS HAVE JOINED WITH THE CAN MANUFACTURER TO
HAVE SATELLITE FACILITIES BUILT ADJACENT TO THE BREWERIES. CANS ENTER
DIRECTLY INTO THE FILLING LINES FROM THE CAN MANUFACTURING LINE -- WITH
ONLY SOME INTERMEDIATE STORAGE FOR SUPPLEMENTAL CONTAINERS. AL THIS
AIDS IN BETTER PRODUCTION CONTROL AND LOWER COST.
THESE MANY CHANGES IN PACKAGING AND PACKAGING OPERATIONS HAVE
PERMITTED THE SUCCESSFUL BREWER TO OFFER QUALITY PRODUCTS AT A
COMPETITIVE PRICE WHICH THE CONSUMER MUST FIND ATTRACTIVE.
THE TYPES OF CONTAINERS AND THE PACKAGING OPERATIONS USED IN THE
AMERICAN BREWING INDUSTRY TODAY PLAY THE KEY ROLE IN THE MOST EFFICIENT
PRODUCTION AND DISTRIBUTION SYSTEM THE BREWING WORLD HAS EVER SEEN.
PRE-DEPOSIT REGULATIONS FAIL TO RECOGNIZE THAT RETURNABLE CONTAINERS
ARE NOT COMPATIBLE WITH REGIONAL AND NATIONAL DISTRIBUTION, WITH SELF
SERVICE, HOME CONSUMPTION, WITH CONSUMER CONVENIENCE OR WITH THE
ECONOMIC ADVANTAGES OF LARGE-SCALE AND BROAD COMPETITION.
IT HAS BEEN SAID THE PUBLIC DOES NOT REALLY WANT TO BAN
NON-REUSABLE BEVERAGE CONTAINERS, THEY JUST WANT TO SOLVE
THE PROBLEM OF LITTER AND SOLID WASTE.
THE MIDWEST RESEARCH INSTITUTE, IN ITS DEFINITE STUDY ON THE IMPACT
OF OUTLAWING NON-REUSABLE BEVERAGE CONTAINERS ON THE ECONOMY AND THE
SOLID WASTE AND LITTER PROBLEMS, POINTS OUT THAT MOST PEOPLE
OVERESTIMATE THE EFFECTS OF A BAN AS RELATED TO THE SOLUTIONS OF THE
LITTER PROBLEM. THE MIDWEST RESEARCH INSTITUTE ESTIMATES THAT A
CONSEQUENCE OF A BAN WOULD REDUCE LITTER BY A MAXIMUM OF 11%. THE
EFFECT OF A RESTRICTIVE BAN ON NON-REUSABLE CONTAINERS ON MUNICIPAL
SOLID WASTE WOULD BE ALMOST NON-EXISTANT. A REDUCTION OF ONLY 1.09% BY
WEIGHT OR 1.37% BY VOLUME COULD BE EXPECTED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 067 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107015
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
MIDWEST RESEARCH INSTITUTE VIEWED THE NEGLIGIBLE IMPACT THE BAN WOULD
HAVE ON LITTER AND SOLID WASTE REDUCTION AND CONTRASTED IT WITH THE 803
MILLION DOLLAR ANNUAL LOSS IN TAX REVENEUES.
SAID THE REPORT: "IT WOULD APPEAR THAT THE BAN'S ANNUAL SACRIFICE OF
OVER 800 MILLION DOLLARS IN TAX REVENUES MAKES IT AN EXPENSIVE WAY TO
PURCHASE RELATIVELY SMALL REDUCTIONS IN LITTER AND SOLID WASTE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 068 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107016
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
OBJECTIVE
THE FOLLOWING INFORMATION IS PRESENTED TO EMPHASIZE THE IMPORTANCE OF
ONE-WAY CONTAINERS TO THE BEER INDUSTRY BY TRACING THE DEVELOPMENT AND
CHANGES WHICH OCCURRED IN THE PRODUCTION, PACKAGING, DISTFIBUTION, AND
MARKETING OF BEER IN THIS COUNTRY FOLLOWING ORLD WAR II.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 069 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107017
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
DEVELOPMENT AND CHANGES IN PRODUCTION OF BEER IN THIS COUNTRY
I BELIEVE IT MIGHT BE BENEFICIAL TO LOOK AT THE INDUSTRY PRIOR TO
PROHIBITION -- AS WELL AS 1933 TO WORLD WAR II AND SINCE 1945 TO 1972.
IMMEDIATELY PRIOR TO PROHIBITION, THE BREWING INDUSTRY WAS MADE UP OF
OVER 1500 BREWERIES. IN THE MAIN, THEY WERE LOCAL OR SEMI-REGIONAL
BREWERIES WHICH CONTROLLED THE OUTLETS SERVING THEIR PRODUCTS. DRAUGHT
BEER ACCOUNTED FOR 85-90% OF THE PRODUCT SOLD -- WITH THE 10% BALANCE
BEING DISTRIBUTED TO THE HOMES IN HEAVY RETURNABLE BOTTLES IN HEAVY
WOODEN CRATES. CONTROLLED OUTLETS BROUGHT ON CERTAIN TRADE ABUSES,
RESULTING FROM THE DESIRE TO PROTECT THE FRANCHISE. WHILE TERE WERE
SOME SHIPPING BREWERIES, THEY WERE FEW IN NUMBER; AND SINCE THEY WERE
LOCATED FAR FROM THE MANY MARKETS, FREIGHT COSTS WERE BURDENSOME AND
RESTRICTED THEIR GROUTH.
THE AVERAGE SIZE PRE-PROHIBITION BREWERY HAD AN ANNUAL CAPACITY OF
30,000 BARRELS, ALTHOUG THE FEW LARGE SHIPPING PLANTS WERE IN THE
300,000 TO 500,000 BARREL CATEGORY.
IMMEDIATELY PRIOR TO PROHIBITION, TWO DEVELOPMENTS WERE INITIATED
WHICH WOULD AID IN THE CHANGES IN THE BREWING INDUSTRY AFTER THE REPEAL
OF PROHIBITION. THEY WERE: THE DEVELOPMENT OF REFRIGERATED RAILROAD
CARS -- USEFUL FOR THE SHIPMENT OF DRAUGHT BEER -- AND THE DEVELOPMENT
OF THE PROCESS BY WHICH BEER COULD BE PASTEURIZED IN THE BOTTLE.
AS WE KNOW, PROHIBITION LASTED FROM 1920 TO 1933.
IN 1933, PROHIBTION WAS REPEALED, AND MANY NEW REGULATIONS WERE
INTRODUCED WHICH WOULD BE USED TO CONTROL THE PRODUCTION, DISTRIBUTION,
AND SALE OF ALCOHOLIC MALT BEVERAGES.
TIED HOUSES WERE PROHIBITED, WHICH RESULTED IN NEW SALES PRACTICES.
NEW STANDARDS WERE SET FOR QUALITY OF PRODUCT AND REQUIREMENT OF ETHICAL
PRICING.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 070 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107018
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THESE NEW TRADE PRACTICES ENCOURAGED THE REOPENING OF MANY BREWERIES
CLOSED FOR 13 YEARS. IN JUNE, 1934, 756 BREWERIES WERE IN OPERATION.
SOME UNDER THE MANAGEMENT OF FORMER BREWERY OWNERS; OTHERS BY NEW
INEXPEFIENCED BREWERY MANAGEMENT.
THE ELIMINATION OF TIED HOUSES OPENED UP THE OPPORTUNITIES FOR
BREWERIES TO SELL IN NEW AREAS. IT ENCOURAGED THE PLANNING FOR EXPANDED
OPERATIONS IN MORE DISTANT MARKETS. THERE WAS A DESIRE TO REVITALIZE
THIS NEW INDUSTRY BY ENCOURAGING HOME BEVERAGE CONSUMPTION FOR 1934
FOUND PER CAPITA CONSUMPTION AT ONLY 50% OF THE PRE-PROHIBITION RATE.
SOFT DRINK MANUFACTURERS HAD CULTIVATED HOME CONSUMPTION OF THEIR
PRODUCT DURING PROHIBITION. "NEAR BEER" HAD ALSO FOUND SOME HOME
CONSUMPTION ACCEPTANCE DURING PROHIBITION BECAUSE THE "SALOON" HAD
CLOSED. HENCE, IT WAS LOGICAL TO EXPECT THAT HOME CONSUMPTION COULD BE
INCREASED.
IN 1934, IN THE MAIN, MOST OF THE BREWERIES WERE "LOCAL" IN THAT
THEIR DISTRIBUTION WAS RESTRICTED TO HOMETOWN AREAS. IT WAS MORE
PROFITABLE TO SELL THEIR PRODUCTS LOCALLY -- SINCE THE DEMAND IN SOME
CASES EXCEEDED THE SUPPLY. ALTHOUGH THERE WERE A FEW LARGE SHIPPING
BREUERIES, DISTRIBTUION WAS DIFFICULT TO ATTAIN, IN MANY MARKETS, FOR A
NEW GROUP OF BUSINESS MEN, "WHOLESALERS" HAD TO BE FOUND WHO WERE
FINANCIALLY ABLE TO ADEQUATELY STRUCTURE A NEW BUSINESS VENTURE. THE
SHIPPING BREWERIES HAD THE ADDITIONAL PROBLEM OF DISTRIBUTING THEIR
PACKAGE GOODS IN HEAVY RETURNABLE BOTTLES -- AND THE ADDED COST OF
HAVING THE CONTAINERS SHIPPED BACK FOR REUSE. THIS WAS A DISTINCT
DISADVANTAGE FOR THE SHIPPING BREWERY AS COMPARED TO THE LOCAL BREWER --
AND RESULTED IN AN UPCHARGE FOR THEIR PRODUCTS.
LOCAL BREWERS MADE DELIVERIES IN FAIRLY LARGE QUANTITIES FROM THEIR
OWN EQUIPMENT. UNIT DELIVERY COSTS WERE LOW BECAUSE OF LOW DELIVERY
LABOR COSTS AND BECAUSE OF VOLUME DROPS. THE SHIPPING BREWER, WORKING
THROUGH THE MIDDLEMAN, FOUND DISTRIBUTION DIFFICULT TO ATTAIN.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 071 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107019
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SINCE VOLUME WAS LOW, UNIT DISTRIBUTION COSTS WERE HIGH WHICH WHEN
ADDED TO EXTRA SHIPPING COSTS TO AND FROM THE MARKETPLACE -- RESULTED IN
A HICHER RETAIL PRICE FOR THE PRODUCT OF A BREWERY SEEKING DISTRIBUTION
IN DISTANT MARKETS.
WITH SO-CALLED REGIONAL AND LOCAL BREWERIES DOMINATINC THE MARKET,
1934 FOUND 75% OF THE BEER SOLD AS DRUAGHT IN "ON-PREMISE" ACCOUNTS AND
25% IN REUSABLE BOTTLES. BREWERIES HAD AN AVERAGE ANNUAL CAPACITY OF
60,000 BARRELS DURING THAT YEAR.
SHIPPING BREWERIES HAVING THE HANDICAP OF COMPETING WITH THE REGIONAL
BREWERY -- ESPECIALLY IN PACKAGE GOODS -- REALIZED THE NEED FOR A
CONTAINER WHICH WOULD BE LIGT IN WEIGHT AND WOULD HAVE CERTAIN
QUALITITES NOT ATTAINABLE IN REUSABLE GLASS CONTAINERS: BE UNBREAKABLE
IN TRANSIT -- PROTECT BEER FROM AIR AND LIGHT -- ELIMINATE THE NEED FOR
DEPOSIT AND RETURN TO THE BREWERY -- BE DISPOSABLE AND SHIPPABLE IN
LICHT CORRUGATED PAPER BOXES.
IN 1935, A NEW BEER CONTAINER WAS OFFERED WHICH WOULD HAVE ALL THE
DESIRABLE QUALITIES LISTED ABOVE. IT WAS THE FLAT TOP 12 OUNCE
TINPLATED STEEL CAN -- TO BE OPENED BY A PUNCH-TYPE OPENER.
ALTHOUGH THIS NEW TYPE CONTAINER HAD THE MANY ADVANTAGES, IT WAS MORE
ADVANTAGEOUS TO THE SHIPPING BREWERIES -- AND WAS NOT ACCEPTED
IMMEDIATELY BY THE LOCAL BREWER. IN FACT, MANY "BREWERIES" AND
"DIED-IN-THE-WOOL" BEER DRINKERS DID NOT ACCEPT THE "BEER CAN",
PREFERRING THEIR BEER EITHER ON DRAUGHT OR IN THE REUSALBE GLASS
CONTAINER.
BY 1941, IMMEDIATELY PRIOR TO WORLD WAR II, COMPETITION HAD REDUCED
THE NUMBER OF OPERATING BREWERIES TO 507 -- OF WHICH ONLY 186 WERE
CANNING BEER. AVERAGE ANNUAL OUTPUT OF BREWERIES WAS 120,000 BARRELS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 072 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107020
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
BY 1941, CANNED BEER ACCOUNTED FOR 14% OF THE TOTAL PACKAGED SALES,
56.1% OF TOTAL SALES WERE IN PACKAGES -- HENCE ONLY 8% OF THE TOTAL BEER
SALES WERE IN CANS.
FROM 1941 THROUGH 1946, METAL CONTAINERS WERE NOT AVAILABLE FOR
CIVILIAN USE. IN FACT, IN 1942 AND 1943, RECORDS INDICATE NO BEER CANS
WERE MANUFACTURED. HOWEVER, IN 1944 -- 420 MILLION, 1945 -- 766 MILLION
AND 1946 -- 146 MILLION WERE PRODUCED FOR U.S. ARMY EXPORT AND U.S. NAVY
OFF-SHORE USE ONLY. THIS USAGE WOULD HAVE AN IMPACT ON CAN BEER
ACCEPTANCE IN THE POST-WAR YEAR. IT ACTUALLY WAS A SAMPLING DEVICE FOR
THE YOUNG MILITARY CONSUMER.
IN THE 1937-1945 PERIOD, COMPETITION FROM THE USE OF CANS AND THE
LONG DISTANCE OVERSEAS WAR SHIPMENTS COMPELLED GLASS MANUFACTURERS TO
DEVELOP A ONE-WAY GLASS CONTAINER. WHILE THE REGULAR REUSABLE 12 OUNCE
GLASS BOTTLE CONTAINED 12 TO 14 OUNCES OF GLASS (REQUIRED BECAUSE OF
MARKET HANDLING ABUSE AND THE DESIRE FOR MULTI-TRIP USAGE WHEN RETURNED)
TNE NEW ONE-WAY, LIGHTER-WEIGHT 6 1/2 - 7 1/2 OUNCE WEIGHT 12 OUNCE
GLASS CONTAINER BECAME THE PRODUCT OF NEW GLASS MANUFACTURING
TECHNOLOGY. IN 1945, OVER 4.4 MILLION GROSS (620 MILLION UNITS) OF
ONE-WAY BOTTLES WERE USED FOR ARMED FORCE DOMESTIC AND OVERSEAS USAGE.
FROM 1941 THROUGH 1945, MILITARY AND DOMESTIC BEER CONSUMPTION
INCREASED FROM 57.4 MILLION BARRELS TO 81.8 MILLION -- A REMARKABLE
GROWTH WHEN YOU CONSIDER THE COUNTRY WAS AT WAR.
ALTHOUGH THE BREWING INDUSTRY WAS NOT CONSIDERED ESSENTIAL AND HAD NO
PRIORITY TO PURCHASE NEW EQUIPMENT NOR WERE BREWERIES PERMITTED TO
EXPAND THEIR FACILITIES, BREWERY MANAGEMENTS WERE QUITE INGENIOUS IN
THEIR PRODUCTION METHODS TO MARKET GREATER VOLUMES OF BEER.
DURING THIS PERIOD, THERE WERE PRACTICALLY NO BREWERY CLOSINGS -- AS
EACH BREWERY COULD SELL ITS ENTIRE AVAILABLE OUTPUT. LOCAL BREWERIES
TOOK ADVANTAGE OF LOCAL MARKET DEMAND -- AND IN MANY CASES, RESTRICTED
THEIR DISTRIBUTION TO NEAR-BY MARKETS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 073 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107021
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
SHIPPING BREWERIES WERE HANDICAPPED BY WARTIME SHIPPING RESTRICTIONS
-- AND WERE FORCED TO GIVE UP FAR-DISTANT MARKETS SOME OF WHICH HAD BEEN
CULTIVATED AT HIGH COSTS DURING THE 1935 TO 1941 PERIOD.
THE YEAR 1946 SAW BEER CONSUMPTION DROP FOR THE FIRST TIME IN 5
YEARS. THIS DROP WAS MAINLY DUE TO SEVERE GRAIN RATIONINGS -- WHICH
REQUIRED A REDUCTION IN BEER PRODUCTION. AGAIN, LOCAL BREWERIES CUT
BACK ON THEIR SALES AREAS TO PROTECT THEIR LOCAL MARKETS. THE SHIPPING
BREWERIES, ALTHOUGH SHORT IN PRODUCT ALSO -- BUT NOT AS RESTRICTED BY
SHIPPING FACILITIES AS PREVIOUSLY -- CHOSE TO RATION SMALLER QUANTITIES
TO OLDER MARKETS -- AND ENTER NEW DISTANT MARKETS WITH MINIMAL AMOUNTS
OF BEER AND ALSO RE-ENTER THOSE WHICH THEY HAD TO DISCONTINUE DUE TO
SHIPPING RESTRICTIONS.
THIS CHANGE IN THE MARKETPLACE BECAME A FACTOR IN THE USE OF NEW
PACKAGES IN 1947.
IN EARLY 1947, RATIONING OF BREWING MATERIALS WAS DISCONTINUED -- AND
AFTER 1 1/2 YEARS OF SHORTAGES, BEER BECAME AVAILABLE IN PLENTIFUL
SUPPLY. IN ADDITION TO PRODUCT -- THE ONE-WAY GLASS AND METAL
CONTAINERS WERE AGAIN PERMITTED FOR DOMESTIC CIVILIAN USE.
THE LARGE SHIPPING BREWERIES WHICH HAD PENETRATED NEW MARKETS IN 1946
WITH MINIMAL QUANTITIES OF BEER NOW HAD THE PRODUCT AND THE
LIGHT-WEIGHT, ONE-WAY CONTAINERS AVAILABLE TO SHIP TO THESE DISTANT
MARKETS. LOCAL BREWERIES WHICH HAD WITHDRAWN FROM MARKETS TO PROTECT
MORE PROFITABLE LOCAL MARKETS FOUND IT DIFFUCULT TO RE-ENTER THOSE
MARKETS WHICH THEY HAD LEFT WITHOUT PRODUCT THE YEAR BEFORE. IN
ADDITION, MANY LOCAL BREWERIES DID NOT HAVE THE EQUIPMENT TO FILL FLAT
TOP CANS. SO, FOR THE FIRST TIME, THE SHIPPING BREWERY HAD CERTAIN
ADVANTAGES NOT FORMERLY AVAILABLE TO THEM.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 074 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107022
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
THE RETURNED "VETERAN", WHO HAD BEEN EXPOSED TO ONE-WAY CONTAINERS
DURING HIS MILITARY DAYS -- ACCPETED THE BEER (OFTEN SO-CALLED
"NATIONAL" BEER) IN THE NOW-AVAILABLE CIVILIAN ONE-WAY CONTINAER -- EVEN
THOUGH IT WAS PRICED AT A HIGHER PRICE THEN BEER IN THE FAMILIAR
ACCEPTABLE RETURNABLE BOTTLE. IN THE YEAR 1947, 3.375 MILLION GROSS OR
486 MILLION ONE-WAY BOTTLES AND 2.1 BILLION METAL CONTAINERS WERE USED
FOR BEER PACKAGING -- WITH THE MAJORITY USED BY THE SHIPPING BREWERIES.
AN ANALYSIS OF THE PRICING OF BEER IN RETURNABLE CONTAINERS AS
COMPARED TO THE PRICE IN NON-RETURNA0LE CONTAINERS OF BOTH
LOCAL-REGIONAL AND NATIONAL OR SHIPPING SHOULD BE MADE AT THIS POINT.
SINCE THE NATIONAL BREWER HAD TO REFLECT THE SHIPPING COST OF TAKING
HIS PRODUCT TO THE MARKET AND THE FREIGHT COST OF RETURNING REUSALBE
BOTTLES TO HIS PLANT -- BEERS OF THE SHIPPING BREWERS NORMALLY CARFIED A
1.00 DOLLAR CASE UPCHARGE (AT THE WHOLESALE LEVEL) WHEN COMPARED TO THE
SAME TYPE PACKAGED GOODS OF THE LOCAL REGIONAL BREWER.
WHEN THE NATIONAL BREWER SHIPPED HIS PRODUCT TO THE MARKETPLACE IN
ONE-WAY CONTAINERS, HE RECOGNIZED THAT HE HAD NO RETURN FREIGHT TO PAY,
SO HE ABSORBED SOME OF THE DIFFERENTIAL BETWEEN THE PRORATED COST OF
RETURNABLE CONTAINERS AND ONE-WAY CONTAINERS. IN OTHER WORDS, HE DID
NOT ADD THE ENTIRE COST OF ONE-WAY CONTAINERS TO HIS FORMER SELLING
PRICE OF BEER IN RETURNABLE CONTAINERS. SUCH WAS NOT TRUE FOR THE
LOCAL-REGIONAL BREWER. IN THE MAIN, THEY ADDED THE ENTIRE DIFFERENTIAL
OF "ONE-WAY CONTAINER COSTS VS. RETURNABLE BOTTLE TRIP COSTS" TO THEIR
BEER PACKAGED IN ONE-WAY CONTAINERS.
THEREFORE, EVEN THOUGH BEER IN ONE-WAY CONTAINERS COST MORE WHETHER
IT WAS LOCALLY-PRODUCED PRODUCT OR NATIONAL SHIPPED-IN PRODUCT, THE
DIFFERENTIAL WAS LESS IN ONE-WAY CONTAINERS WHEN COMPARED TO LIKE
PRODUCTS IN RETURNABLE BOTTLES FOR NATIONAL BRANDS VS. LOCAL OR REGIONAL
BRANDS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 075 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107023
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
IT APPEARED THAT THE CONSUMER, WHEN DISPOSED TO PAY HIGHER PRICES FOR
HIS PRODUCT IN ONE-WAY PACKAGES, WOULD GO ONE STEP FURTHER AND PAY THE
ADDITIONAL HIGHER PRICE FOR THE NATIONALLY ADVERTISED, SHIPPED-IN
PRODUCT. HENCE, A GREATER PERCENT OF THE ONE-WAY CONTAINERS WERE USED
BY THE LARGE SHIPPING BREWERS.
JUST AS THE "VETERAN" WAS EXPOSED TO ONE-WAY CONTAINERS DURING HIS
MILITARY DAYS -- SO TOO WAS HE MORE OFTEN EXPOSED TO THE
NATIONALLY-KNOWN BEERS DURING HIS MILITARY DAYS. SINCE BREWERS WERE
REQUIRED IN 1942-45 TO RESERVE FOR MILITARY USE AT LEAST 15% OF THEIR
COUTPUT, THE LARGER NATIONAL BREWERS SHIPPED MORE PRODUCT TO THE
MILITARY THAN SMALLER BREWERIES. IN FACT, COMPANIES BELOW A CERTAIN
SIZE WERE NOT REQUIRED TO SHIP ANY MILITARY BEER.
WITH THIS EXPOSURE DURING HIS MILITARY DAYS OF "NATIONAL" BEERS IN
ONE-WAY CONTAINERS, THE VETERAN WAS IN A MOOD TO ACCEPT THE SAME
PRODUCTS IN THE SAME PACKAGES UPON HIS RETURN TO CIVILIAN LIFE. IN
FACT, IN 1948, WHEN 2.9 BILLION BEER CANS WERE USED, A SURVEY INDICATED
THAT 38% WERE PURCHASED BY MILITARY VETERANS.
ALTHOUGH ONE-WAY BOTTLES COST LESS THAN METAL ONE-WAY CONTAINERS, AND
THIS DIFFERENTIAL IN COST WAS REFLECTED IN PART IN THE MARKETPLACE, THE
NATIONAL BREWER FAVORED THE CAN BECAUSE IT WAS UNBREAKABLE, HANDLED MORE
EASILY IN THE PLANT, WAS LIGHTER TO SHIP AND ACUTALLY WAS MORE
ACCEPTABLE IN THE MARKETPLACE. HE WAS ALSO PREPARED TO PRODUCE THC CAN
IN A FAIRLY HIGHER-EFFICIENT MANNER.
ON THE OTHER HAND, THE LOCAL AND REGIONAL BREWER ATTEMPTED TO TAKE
ADVANTAGE OF THE LOWER ACQUISITON COST AND PROMOTED THE ONE-WAY GLASS
CONTAINER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 076 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107024
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
PLANT EQUIPMENT AVAILABILITY ALSO INFLUENCED THE SMALLER BREWER TO
MAKE THIS CHOICE SINCE THE SAME BOTTLING EQUIPMENT USED TO FILL
RETURNABLE BOTTLES COULD BE USED TO FILL ONE-WAY GLASS CONTAINERS. THIS
WAS NOT TRUE FOR THE FLAT-TOP METAL CONTAINER SINCE EXPENSIVE SPECIFIC
EQUIPMENT WAS REQUIRED TO FILL THE FLAT TOP CAN. CAN BEER DEMAND OF THE
LOCAL BREWER'S PRODUCT OFTEN COULD NOT JUSTIFY THE INSTALLATION OF THE
CANNING EQUIPMENT. IN 1948-49, LEARNING SOMETHING FROM TE MARKETING OF
SOFT DRINKS AND THE DEVELOPMENT OF THE SUPERMARKET AND SELF-SERVICE
STORES, THE NATIONAL BREWER RECOGNIZED A METHOD TO REDUCE THE IMPACT OF
THE LARGE DIFFERENTIAL BETWEEN THE PRICE OF A CASE OF BEER CONTAINING 24
ONE-WAY CONTAINERS WHEN COMPARED TO THAT OF THE LOCAL-REGIONAL BREWER
AND THAT WAS BY MEANS OF THE INTRODUCTION OF THE CONVENIENT SIX PACK FOR
THE MARKETING OF ONE-WAY CONTAINERS.
ALTHOUGH THERE WAS STILL A 60-80% DIFFERENTIAL WHEN CASE LOTS OF
FILLED ONE-WAY CONTAINERS WERE COMPARED, IT WAS REDUCED TO A MERE 15-20
CENTS WHEN COMPARING 6 PACKS.
TO THE NEW "AFFLUENT" CONVENIENCE-MINDED CONSUMER, 15 CENTS WAS NOT
REGARDED AS TOO GREAT A DIFFERENTIAL TO PAY FOR A 6 PACK. GRANTED THAT
IF FOUR 6 PACKS WERE PURCHASED, THERE WAS STILL THE 60 CENTS TO 80 CENTS
DIFFERENTIAL.
FROM 1947 THROUGH 1950, BEER SALES DROPPED FROM 87.1 MILLION BARRELS
TO 82.8 MILLION. THIS DEOP IN TOTAL CONSUMPTION INCREASED THE
COMPETITION IN THE INDUSTRY AND SAW THE DEMISE OF SOME OF THE SMALLER,
LESS-EFFICIENT BREWERS. BREWERS DROPPED IN NUMBER FROM 465 TO 407.
WHILE THE AVERAGE ANNUAL CAPACITY WAS 200,000 BARRELS, THERE WERE SOME
NATIONAL BREWERIES INCREASING TO THE 2.5 TO 3.0 MILLION BARREL SIZE.
IN THE SAME PERIOD, ONE-WAY METAL CONTAINERS HAD GOOD ACCEPTANCE,
INCREASING IN USAGE FROM 2.1 BILLION TO 5.0 BILLION. ONE-WAY GLASS
CONTAINERS DECREASED FROM 486 MILLION TO APPROXIMATELY 460 MILLION.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 077 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107025
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
WITH THE START OF THE KOREAN WAR, ONE-WAY METAL CONTAINERS WERE
RESTRICTED IN THE MAIN TO MILITARY USE -- SO THEIR USAGE THRU 1952 WAS
STILL AT 5 BILLION UNITS ANNUALLY. THE ONE-WAY GLASS CONTAINER HAD THE
ADVANTAGE OF BEING THE ONLY ONE-WAY CONTAINER AVAILABLE IN THEDOMESTIC
MARKET AND USAGE INCREASED FROM 460 MILLION UNITS TO APPROXIMATELY 1.47
BILLION.
WITH THE END OF THE KOREAN WAR, WE SEE THE BEGINNING OF THE
CONCENTRATION IN THE BREWING INDUSTRY THAT WAS SO EVIDENT IN MANY
INDUSTRIES BEFORE 1952. NO DOEBT THE DELAY IN CONCENTRATION WAS CAUSED:
1. BY PROHIBITION.
2. WORLD WAR II - AND THE SHORTAGES CREATED THEREBY.
3. KOREAN WAR - NOT REAL SHORTAGES -- BUT CERTAIN RESTRICTIONS WHICH
GAVE LONGER LIFE TO A FEW WEAK BREWERS.
FROM 1952 THRU 1961 - TOTAL USA BEER CONSUMPTION VARIES FROM 84:2
MILLION TO 87.9 WITH A LOW OF 83.3 IN 1954. NOT A VERY IMPRESSIVE
GROWTH RECORD; IN FACT, PER CAPITA CONSUMPTION DROPPED FROM 16.8
GALLON/CAPITA/YEAR IN 1952 TO A LOW OF 14.9 IN 1961.
DURING THE SAME PERIOD, OPERATING BREWERS DECREASED IN NUMBER FROM
357 TO 229.
ALTHOUGH PER CAPITA BEER CONSUMPTION DROPPED, THE USE OF ONE-WAY BEER
CONTAINERS INCREASED AS FOLLOWS:
METAL ONE-WAY - 1952 - 5.087 BILLION
1961 - 8.666 BILLION
GLASS ONE-WAY - 1952 - 1.470 BILLION
1961 - 2.880 BILLION
FOR A STAGNANT INDUSTRY, IT IS EASILY RECOGNIZED THAT THE CONSUMER
WAS EXERCISING HIS PEROGATIVE TO CHOOSE THE CONVENIENT ONE-WAY
CONTAINERS ALWAYS AT THE EXPENSE OF THE DECLINE OF THE REUSABLE GLASS
CONTAINER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 078 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107026
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
WHILE THE INDUSTRY HAD A GROWTH OF 2.4% IN 1962, REAL INCRESED GROWTH
IS SHOWN AFTER THE 2ND HALF OF 1963. VOLUME IN 1963 WAS 96.2 MILLION
BARRELS WITH PER CAPITA CONSUMPTION INCREASING TO 15.6 GALLONS. VOLUME
AND PER CAPITA CONSUMPTION ROSE EACH YEAR THEREAFTER UNTIL NEW RECORDS
WERE SET IN 1973 WHEN SALES REACHED 137.7 MILLION BARRELS AND PER
CAPITAL CONSUMPTION INCREASED TO 20.0 GALLONS. PREDICTIONS BY MARKET
ANALYSIS ARE THAT SALES WILL INCREASE ANNUALLY FOR THE NEXT 8-10 YEARS
IF NO RESTRICTIONS ARE APPLIED ON THE INDUSTRY.
AT THE SAME TIME THAT TOTAL VOLUME WAS INCREASING, SO ALSO WAS USE OF
ONE-WAY CONTAINERS FOR THE PACKAGING OF BEER. IN FACT, THEIR GROWTH HAS
BEEN PHENOMENAL. IN 1973, THEPERCENT OF ONE-WAY CONTAINERS USED FOR
BEER WAS IN EXCESS OF 82% WHILE IN THE IMMEDIATE POST-WAR YEAR OF 1947,
IT WAS ONLY 10.2%. RECORDS INDICATE THAT 21.8 BILLION CANS AND 7.6
BILLION NON-RETURNABLE BOTTLES WERE REQUIRED TO SUPPLY THE SHARE OF THE
MARKET INDICATED IN 1972.
THERE ARE MANY WAYS TO EXPLAIN THIS GROWTH OF THE ONE-WAY CONTAINERS,
PERHAPS BY:
1. DESIRE OF THE PUBLIC FOR CONVENIENCE PACKAGING IN GENERAL.
2. INCREASE OF AVAILABILITY IN THE MARKET PLACE.
3. INCREASE OF HOME CONSUMPTION.
4. NEW TYPES OF SIX PACKS AND NEW CONVENIENT OPENING DEVICES.
5. MORE LEISURE TIME AND GREATER AFFLUENCY.
6. CONSUMERS' AWARENESS THROUGH BETTER ADVERTISING AND MARKETING
TECHNIQUES THROUGH TELEVISION.
7. MORE APPEALING PACKACES.
HOWEVER, OVER AND ABOVE A-L OF THESE IT MUST BE AN ACCEPTED FACT THAT
THE SELLING PRICE OF THEOFFERED BRANDS OF BEER IN THESE CONVENIENT
ONE-WAY PACKAGES MUST HAVE BEEN ACCEPTABLE TO THE CONSUMER. THE
MILLIONS OF CONSUMERS MUST HAVE MADE THE JUDGMENT THAT WHAT HE WAS
RECEIVING WAS WORTH THE PRICE HE WAS PAYING.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 079 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107027
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
WHILE THE CONSUMER PRICE INDEX FOR ALL ITEMS IN THE PERIOD 1958-1968
INCREASED AT A COMPOUNDED ANNUAL RATE OF 2.18%, BEER ONLY INCREASED AT
1.29%. DURING THE SAME PERIOD, THE AVERAGE WAGE PER BREWERY PRODUCTION
WORKER MANHOUR WAS INCREASING AT A COMPOUNDED RATE OF 4.25%.
FROM THESE FACTS THEN, IT MUST BE IMPLIED THAT SOMETHING MUST HAVE
BEEN HAPPENING IN THE BREWING INDUSTRY WHIC PERMITTED BREWERS TO SELL
THEIR PRODUCTS WITH A MINIMAL PRICE INCREASE, WHEN AT THE SAME TIME
MATERIALS AND LABOR INCREASED AT A 2.18% TO 4.5% RATE.
THAT "SOMETHING" WAS THE FACT THAT THE BREWING INDUSTRY WAS HAVING
MADE AVAILABLE ONE-WAY CONTAINERS WHICH HAD CERTAIN CHARACTERISTICS
WHICH PERMITTED THE BREWING INDUSTRY TO FIND NEW WAYS TO CUT CONTAINER
COSTS, TO INCREASE PRODUCTIVITY PER MANHOUR, TO DEVELOP NEW EFFICIENCIES
IN PACKAGING, IDSTRIBUTION, AND MARKETING, AND ABOVEALL, HAVE SOME
ASSURANCE THAT THESE ONE-WAY CONTAINERS WERE HAVING INCREASED ACCEPTANCE
BY THE CONSUMER OF BEER.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 080 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107028
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
CARACTERISTICS OF ONE-WAY CONTAINERS
ONE-WAY CONTAINERS HAVE CERTAIN CHARACTERISTICS WHICH CONTRIBUTED TO
THE CHANGES WHICH HAVE TAKEN PLACE IN THE PRODUCTION, PACKAGING,
DISTRIBUTION, AND MARKETING OF BEER WHILE REUSABLE CONTAINERS HAVE
CERTAIN CHARACTERISTICS WHICH ARE NOT COMPATIBLE TO THE SYSTEMS OF
PRODUCTION, PACKAGING, DISTRIBUTION AND MARKETING OF BEER WHICH HAVE
BEEN DEVELOPED.
THE CHARACTERISTICS WHICH FAVOR THE USE OF ONE-WAY CONTAINERS AND
DETRACT FROM THE USE OF REUSABLE CONTAINERS ARE AS FOLLOWS:
1. REUSABLE CONTAINERS ARE AVAILABLE IN ONLY ONE TYPE MATERIAL
GLASS. ONE-WAY CONTAINERS ARE AVAILABLE IN TWO TYPE MATERIALS GLASS AND
METAL. COMPETITION BETWEEN THE METAL AND GLASS INDUSTRIES RESULT IN
LOWER COST AND BETTER QUALITY ONE-WAY PACKAGES. MORE INTENSE RESEARCH
AND ADVANCED TECHNOLOCY RESULT FROM THIS INDUSTRY COMPETITION. ONE-WAY
METAL CONTAINERS MADE BY COMPETING SEGMENTS OF THE METAL INDUSTRY --
ALUMINUM AND STEEL -- ALSO RESULT IN LOWER COST AND SUPERIOR METAL
CONTAINERS.
COMPETITION IN ANY FORM -- AIDS PROGRESS AND RETARDS HIGHER PRICES --
IN FACT WILL IN MANY INSTANCES RESULT IN LOWER COSTS.
2. ONE-WAY CONTAINERS ARE AVAILABLE IN RELIABLE SUPPLY THROUGH
ORDERLY PURCHASE AND PREDETERMINED SCHEDULED DELIVERIES. REUSABLE
CONTAINERS ARE RETURNED FROM THE MARKETPLACE IN AN UNPREDICTABLE
FASHION, REQUIRING AN INDEFINITE FLOAT INVENTORY OF EMPTY BOTTLES.
ORDERLY REPLACEMENT PURCHASE IS NOT POSSIBLE BECAUSE OF UNPREDICTABLE
RETURN.
3. THE QUALITY OF ONE-WAY CONTAINERS IS CONTROLLED AND PREDICTABLE
FROM THE SOURCE MANUFACTURER. RETURNABLE CONTAINERS RETURNING FROM THE
CONSUMER ARE OF UNKNOWN QUALTY AND IN MANY CASES NOT REUSABLE BECAUSE OF
MARKETPLACE ABUSE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 081 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107029
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
4. ONE-WAY CONTAINERS HAVE NO INVENTORY COST TO THE BREWER.
REUSABLE CONTAINERS IN INVENTORY AND IN THE MARKETPLACE FLOAT MUST BE
OWNED BY THE BREWERS. IN MOST CASES, DEPOSITS DO NOT COVER ORIGINAL AND
REPLACEMENT COSTS. LOW TRIPPAGE OF REUSA0LE CONTAINERS RESULTS IN HIGH
UNIT TRIP COSTS.
5. ONE-WAY CONTAINERS, WHETHER CAN OR GLASS, ARE LIGHTER IN WEIGHT
THAN REUSABLE CONTAINERS; HENCE, RESULTS IN LESS TOTAL MATERIAL
HANDLING COSTS.
6. SINCE ONE-WAY CONTAINERS ARE DESIGNED TO BEUSED ONLY ONE TIME --
THEIR SPECIFICATIONS CAN BE SO SPECIFIC THAT THEY ARE LESS COSTLY THAN
THE REUSALBE CONTAINERS WHICH HAVE NO PREDICTABLE LIFE TRIPPAGE AND
WHICH ARE MANUFACTURED WITH AN UNNECESSARY SAFETY FACTOR.
7. SINCE ONE-WAY CONTAINERS ARE ONLY USED ONE TIME, THEIR APPEARANCE
IS CLEANER AND MORE APPEALING.
8. ONE-WAY CONTAINERS ARE EASIER TO CLEAN PRIOR TO FILLING, HAVE
LESS INCIDENCE OF IN-PLANT DESTRUCTION AND LITTLE OR NO INCLUSION OF
FOREIGN MATERIALS.
9. BECAUSE OF THEIR UNIFORMITY, ONE-WAY CONTAINERS CAN BE FILLED AT
A HIGHER RATE OF PRODUCTION, AND REQUIRE LESS MANPOWER PER UNIT OF
PRODUCTION.
10. THE PACKAGING OF REUSALBE CONTAINERS IS HIGHLY LABOR INTENSE,
REQUIRING SIX TIMES THE MANHOURS REQUIRED FOR LIKE PRODUCTION QUANTITIES
OF FILLED CANS AND 1-2/3 TIMES THE MANHOURS REQUIRED FOR ONE-WAY BOTTLE
FILLING.
11. EACH BARREL OF BEER PACKAGED IN REUSABLE CONTAINERS REQUIRES 262
LBS. OF PACKAGING MATERIAL.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 082 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107030
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
12. EACH BARREL OF BEER PACKAGED IN ONE-WAY GLASS CONTAINERS
REQUIRES 179 LBS. OF PACKAGINC MATERIAL.
13. EACH BARREL OF BEER PACKAGED IN METAL CONTAINERS HAS 59 OR LESS
LBS. OF PACKAGING MATERIAL. PACKAGING MATERIAL FOR REUSABLE CONTAINERS
IS HIGHER IN COST THAN FOR ONE-WAY CONTAINERS.
14. REUSABLE BOTTLES ACCOUNT FOR MORE INDUSTRIAL AND CONSUMER
ACCIDENTS THAN DO ONE-WAY GLASS CONTAINERS. ACCIDENTS ARE AT A
PRACTICALLY ZERO RATE WHEN METAL CONTAINERS ARE USED.
15. REUSABLE CONTAINERS ARE OFTEN THE CAUSE OF SANITATION PROBLEMS
WHEREVER THEY ARE STORED -- HOME, RETAIL OUTLET, WHOLESALER WAREHOUSE OR
BREWERY.
16. REUSABLE CONTAINERS REQUIRE ADDITIONAL MANPOWER IN HANDLING,
STORING, SORTING, AND RESHIPPING. SINCE ALL THESE OPERATIONS ARE NOT
MACHINE CONTROLLED, COSTS CANNOT BE PREDETERMINED WITH ACCURACY.
17. RETURNABLE CONTAINERS REQUIRE MORE SHELF SPACE THAN CANS OR
ONE-WAY BOTTLES; THEREFORE, RETAILER HAS GREATER INCENTIVE TO OFFER
NON-RETURNABLE CONTAINERS.
18. NO SPACE IS REQUIRED FOR EMPTY STORAGE WHEN ONE-WAY CONTAINERS
ARE OFFERED; THIS IS NOT THE CASE FOR RETURNABLE BOTTLES.
19. RETURNABLE CONTAINERS REQUIRE HAND LABOR TO SEGREGATE BRAND
PACKAGES.
20. SIX-PACK CARRIERS ARE HIGHER PRICED FOR RETURNABLE CONTAINERS.
SECREGATION OF SUCH SIX PACKS ALSO REQUIRES LABOR.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 083 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107031
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
STRUCTURAL CHANGES
THE AVAILAIBLITY AND ACCEPTANCE OF THE ONE-WAY CONTAINERS RESULTED IN
THESE CHANGES IN THE BEER INDUSTRY. PRODUCTION:
1. HASTENED THE CONCENTRATION OF BEER PRODUCTION INTO THE HANDS OF
FEWER LARGER BREWING CORPORATION AND THE CLOSING OF SMALL LOCAL
BREWERIES.
A. LOCAL BREWERS WERE DEPENDENT ON NEIGHBORHOOD BUSINESS, ON
ON-PREMISE OUTLETS, ON DRAUGHT BEER BUSINESS, WHICH WAS A DECLINING
PERCENT OF TOTAL BUSINESS. ON-PREMISE BOTTLE BUSINESS = RETURNABLE
0OTTLE.
TABLE OMITTED
C. BILLIONS OF ONE-WAY CONTAINERS USED
TABLE OMITTED
2. FORMER LARGE SHIPPING SINGLE FACILITY BREWING CORPORATION FOUND
IT ADVANTAGEOUS TO BUILD MULTI-PLANT SYSTEMS, WHICH BROUGHT PRODUCT
CLOSER TO THE UTLIMATE MARKET, PERMITTING MORE COMPETITIVE PRICING AND
PERMITTING MORE RAPID TURNOVER OF PRODUCT. NEW SYSTEMS VARY FROM 2 TO
10 PLANTS. LOWER FREIGHT COSTS.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 084 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107032
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
3. RANKING BREWERIES ARE PREVENTED BY GOVERNMENTAL ACTION FOR ANY
GROWTH BY ACQUISTION SO THAT GROWTH IS BY CONSTRUCTION OF ENTIRELY NEW
PLANTS. NEW PLANTS BUILT TO ACCEPT NEW TYPES OF EQUIPMENT. EQUIPMENT
WHICH HAS HIGH ANNUAL OUTPUT, PLANTS THEREFORE LARGER TO BETTER HANDLE
OPTIONS CAPACITY LEVEL, WHICH IN TURN REDUCES PRODUCTION AND OPERATIONAL
COSTS. NET RESULT IS A COMPETITIVE ADVANTAGE IN THE MARKETPLACE.
4. INCREASED EFFICIENCY OF NEW PLANTS REDUCED MANPOWER DEMAND -- AND
PERMITTED PER EMPLOYEE PRODUCTION INCREASE APPROXIMATELY 4 1/2 TO 5
TIMES (2400 BARRELS TO 11,000 PER MAN YEAR.)
5. LARGER CORPORATIONS JUSTIFIED INCREASED EXPENDITURES FOR RESEARCH
AND TECHNOLOGICAL IMPROVEMENT. EXPENDITURES SPREAD OVER GREATER VOLUME.
6. SINCE THE SEVERAL LARGE BREWING COMPANIES HAVE LARGE, MODERN,
EFFICIENT BREWERIES LOCATED IN ALL PARTS OF THE COUNTRY, THERE ARE FEW
AREAS WHICH WILL SUPPORT HIGHER PRICES DUE TO A LACK OF A NEARBY
EFFICIENT BREWERY CAPABLE OF SUPPLYING PRODUCT AT A MINIMUM PRICE.
VIABLE COMPETITION RESULTS IN A REQUIRED EFFICIENCY IN ORDER TO PRODUCE
ACCEPTABLE PRODUCTS. THERE ARE ALWAYS UNIT COST SAVINGS RESULTING FROM
HIGH VOLUME PRODUCTION.
7. AS ESTABLISHED BREWERS EXPAND THEIR GEOGRAPHICAL AREAS, NEW
BRANDS BECOME AVAILABLE IN DIFFERENT REGIONS, THUS INTENSIFYING
COMPETITION AND PROVIDING CONSUMERS WITH A WIDER SELECTION AND PRODUCT
AT A MORE COMPETITIVE PRICE.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 085 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107033
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
8. SINCE LABOR COSTS IN THE BREWING INDUSTRY HAVE RISEN STEADILY AS
A RATE EXCEEDING THAT FOR ALL OTHER MANUFACTURING, IT REQUIRES
TECHNOLOGICAL IMPROVEMENTS AND SOPHISTICATED AUTOMATED SYSTEMS TO ABSORB
THESE COSTS.
TABLE OMITTED
9. NEW ONE-WAY CONTAINERS REQUIRED PLANT EQUIPMENT CHANGES --
EXPENDITURES WHICH SMALLER PLANTS COULD NEITHER AFFORD NOR JUSTIFY.
10. PRODUCTION LINES FOR ONE-WAY CONTAINERS JUSTIFIED THE REQUIRED
AUTOMATION AND POTENTIAL OF HIGH SPEED AND HIGH EFFICIENCY. HIGH COSTS
REQUIRED HIGH UTILIZATION. HIGH UTILIZATION REQUIRED LARGE CAPACITY
BREWERIES. LARGE CAPACITY BREWERIES JUSTIFY SOPHISTICATED INSTRUMENT
CONTROL INVESTMENT WHICH REDUCES MANPOWER AND RESULTS IN LOWER
PRODUCTION COSTS.
11. HIGHER SPEED EQUIPMENT REQUIRES CONTAINERS WHICH HAVE BEEN
MANUFACTURED WITH UNIFORM SPECIFICATION AND QUALITY. THE NEWER
EQUIPMENT REQUIRES A JAM-PROOF ENVIRONMENT TO OPERATE EFFICIENTLY.
EXAMPLE: AT THE FORMER LOW SPEED OF 120 TO 250 BOTTLES PER MINUTE, IF A
RETURNABLE BOTTLE BROKE AND JAMMED A CONVEYOR, AN OPERATOR HAD TIME TO
LEISURELY WALK OVER, CLEAR THE JAM, AND RETURN TO HIS STATION WITHOUT
SACRIFICING PRODUCTION. AT TODAY'S SPEED OF 1000 PER MINUTE FOR ONE-WAY
BOTTLES AND 1500 FOR CANS, NO MATTER HOW FAST AN OPERATOR REACTS,
PRODUCTION IS IMMEDIATELY JEOPARDIZED.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 086 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107034
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
12. ECONOMIC CHANGES IN THE LABOR MARKET -- INCREASED LABOR COSTS
REQUIRE MUCH KEENER APPRECIATION OF LOST PRODUCTION.
13. LARGE CAPITAL EXPENDITURES REQUIRE LARGE PRODUCT SALES WHICH
REQUIRE RELIABILITY OF SUPPLY, WHICH REQUIRES EFFICIENT CONTINUOUS
PRODUCTION. LOW EFFICIENCY -- LOW CASE OUTPUT -- INCREASE BURDEN OF
LABOR; EQUIPMENT, OVERHEAD, MARKETING, SELLING ON EACH CASE PRODUCED.
LOW EFFICIENCY + HIGH MARKET DEMAND A HIGH-PRICED OVERTIME PRODUCTION OR
LOSS OF PRODUCT SALES.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 087 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107035
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
FRANK J. SELLINGER IS VICE PRESIDENT AND GROUP EXECUTIVE FOR
ANHEUSER-BUSCH, INC.
IN HIS POSITION AT ANHEUSER-BUSCH, MR. SELLINGER IS RESPONSIBLE FOR
THE ENGINEERING OF ALL COMPANY PROJECTS, AS WELL AS THE ACTIVITIES OF
THE STANDARDS, PACKAGE ENGINEERING, INDUSTRIAL ENGINEERING, AND
PURCHASING DEPARTMENTS, AS WELL AS CAN MANUFACTURING.
HE IS CHAIRMAN OF THE BOARD OF APACHE CONTAINER CORPORATION,
PRESIDENT OF METAL CONTAINER CORPORATION, AND PRESIDENT OF LIANCO
CONTAINER CORPORATION, SUBSIDIARIES OF ANHEUSER-BUSCH. CHAIRMAN OF THE
UNITED STATES BREWERS ASSOCIATION'S TECHNICAL COMMITTEE, AND MEMBER OF
THE EFFLUENT CONTROL COMMITTEE.
MR. SELLINGER JOINED ANHEUSER-BUSCH IN 1964 AS ASSISTANT TO THE
PRESIDENT AND VICE PRESIDENT AND GENERAL MANACER. IN SEPTEMPER, 1964,
HE WAS NAMED TECHNICAL DIRECTOR OF OPERATIONS, IN DECEMBER 1966, WAS
APPOINTED VICE PFESIDENT OF ENGINEERING, AND IN FEBRUARY 1974, ASSUMED
HIS PRESENT POSITION.
BEFORE JOINING ANHEUSER-BUSCH, INC., MR. SELLINGER WAS VICE PRESIDENT
AND GENERAL MANAGER OF THE BURGER BREWING COMPANY IN CINCINNATI, OHIO.
MR. SELLINGER BEGAN HIS CAREER IN THE BREWING INDUSTRY IN 1936 WITH
THE ESSLINGER 0REWING CO. IN PHILADELPHIA, AS CHIEF CHEMIST AND
ASSISTNAT BREWMASTER. IN 1941 HE JOINED THE HUDEPOHL BREWING CO. IN
CINCINNATI, AS CHIEF CHEMIST AND PURCHASING AGENT. IN 1946 HE BECAME
ASSOCIATED WITH AUGUST WAGNER BREWERIES IN COLUM0US, OHIO, AS ASSISTANT
TO THE GENERAL MANAGER.
IN 1950 HE OPENED THE HI-STATE BEVERAGE COMPANY, WHOLESALE
DISTRIBUTORS IN COLUMBUS, OHIO, TO BECOME FAMILIAR WITH BEER SALES AND
DISTRIBUTION PROBLEMS. HE SOLD THIS BUSINESS IN 1952 AND JOINED BURGER
BREWING CO. AS SUPERINTENDENT OF PACKAGING AND PURCHASING AGENT. HE
BECAME VICE PRESIDENT AND GENERAL MANAGER IN 1956.
MR. SELLINGER IS A 1936 GRADUATE OF ST. JOSEPH'S COLLEGE IN
PHILADELPHIA, WHERE HE MAJORED IN CHEMISTRY. HE RECEIVED ADDITIONAL
CHEMICAL ENGINEERING TRAINING AT DREXEL INSTITUTE IN PHILADELPHIA IN
1937. IN 1951 HE COMPLETED THE COURSE IN BREWING AT THE E.A. SIEBEL
INSTITUTE IN CHICAGO.
STATEMENTS OF MUDD SP, LEE TE, SELLINGER F, AND STROH P
CITY DEPOSIT-BOTTLE PLAN FACES LOBBY THAT KILLED SIMILAR BILLS ELSEWHERE, 740708
OREGON'S BOTTLE BILL; THE FIRST SIX MONTHS
STATEMENT OF MUDD SP
STATEMENT BY SELLINGER FJ
NEED FOR A NATIONAL MATERIALS POLICY
PART 088 OF 87
MUDD SP CHAIRMAN AND VICE PRESIDENT
LEE TE PRESIDENT
SELLINGER F J GROUP VICE PRESIDENT
STROH P
BIRD D
CLAUSSEN E
NEW YORK SEVEN-UP BOTTLING CO, INC.
NEW YORK INDUSTRY-LABOR COMMITTEE FOR RESOURCE RECOVERY
NATIONAL SOFT DRINK ASSOCIATION
WELLSLEE COCA-COLA BOTTLING CO. CLARKSBURG, WV
ANHEUSER-BUSCH, INC. ST. LOUIS, MO.
STROH BREWERY CO. DETROIT, MI
NEW YORK TIMES
US EPA OFFICE OF SOLID WASTE MANAGEMENT PROGRAMS RESOURCE RECOVERY
DIVISION
107036
HEARINGS
TRANSCRIPT
ARTICLE CLIPPING
SENATE
(THE PANEL RECOVENED AT 2:15 P.M. HON. JENNINGS RANDOLPH, CHAIRMAN OF
THE FULL COMMITTEE, PRESIDING.)
SENATOR RANDOLPH. MR. BIEMILLER, IF YOU WILL GIVE US YOUR NAME AND
IDENTIFY YOURSELF, THE ORGANIZATION FOR WHOM YOU SPEAK, WE WILL BEGIN
THE AFTERNOON SESSION. THANK YOU VERY MUCH AND ALSO TELL US THOSE
PERSONS, YOUR ASSOCIATES, WHO SIT WITH YOU AT THIS TABLE SO WE MAY
IDENTIFY THEM FOR THE RECORD.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 002 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107037
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
CONSIDERATION OF IMPROVED LEGISLATION TO DEAL WITH THIS NATION'S
MASSIVE AND EVER INCREASING BURDEN OF SOLID WASTES IS LONG OVERDUE. WE
HAVE SEEN A CONSISTENT FAILURE BY THE ADMINISTRATIO TO PROVIDE ADEQUATE
BUDGETING FOR IMPLEMENTATION OF THE ACT OF 1970 WHICH AS A RESULT HAS
NEVER GOTTEN OFF THE GROUND.
WE URGE THAT THIS DISREGARD BY THE ADMINISTRATION OF ITS
RESPONSIBILTIES BE REMEDIED BY AN INCREASED INVOLVEMENT BY THE CONGRESS,
BOTH IN A STRENGTHENED PROGRAM, AND IN PROVIDING THE RESOURCES THAT ARE
REQUIRED TO MAKE IT MOVE.
THE EMPHASIS OF THREE OF THE PENDING BILLS ON MEASURES TO STIMULATE
THE RECOVERY OF USABLE AND VALUABLE MATERIALS FROM SOLID WASTES IS
COMMENDA0LE.
LAST YEAR, THE FINAL REPORT OF THE NATIONAL COMMISSION ON MATERIALS
POLICY EMPHASIZED THE INCREASINGLY SERIOUS DIFFICULTIES THIS NATION
FACES IN MEETING ITS RAW MATERIALS NEEDS FROM ITS DOMESTIC RESOURCES.
WE ARE BECOMING MORE AND MORE DEPENDENT UPON FOREIGN SUPPLIES FOR
WHICH MORE AND MORE INDUSTRIZLIZED AND DEVELOPING NATIONS ARE COMPETINC,
WHILE RAW MATERIAL PRODUCING NATIONS ARE RAISING PRICES.
AMERICANS, AS NEVER BEFORE, MUST IN ALL OF THEIR ACTIVITIES BECOME
CAREFUL AND THRIFTY IN THE USE OF RAW MATERIALS. WE ARE APPROACHING A
DAY OF RECKONING FROM OUR PRODIGALITY.
OUR BEST EFFORTS MUST BE NOW EXPENDED TO DEVELOP A NEW NATIONAL
A-ARENESS OF THE NEED TO TAKE OUR RAW MATERIALS THROUGH A DIFFERENT
JOURNEY -- THAT OF A CLOSED CYCLE OF USE, SALVAGE, REPROCESSING, AND
REUSE.
SENATOR RANDOLPH. I WISH YOU WOULD REPEAT THAT STATEMENT. I THINK
IT IS SUCCINET. I HAVEN'T HEARD IT IN JUST THAT WAY.
MR. BIEMILLER. OUR BEST EFFORTS MUST NOW BE EXPENDED TO DEVELOP A
NEW NATIONAL AWARENESS OF THE NEED TO TAKE OUR RAW MATERIALS THROUGH A
DIFFERENT JOURNEY -- TAT OF A CLOSE CYCLE OF USE, SALVAGE, REPROCESSING,
AND REUSE.
FROM WHAT WE HAVE BEEN ABLE TO DETERMINE, THE TREND UNTIL RECENTLY
HAS BEEN A DECLINE IN THE PROPORTION OF RECYCLING TO CONSUMPTION AMONG
SUCH MATERIALS AS PAPER, FERROUS METALS, GLASS, TEXTILES, AND RUBBER.
AN EPA STUDY OF 2 YEARS AGO SHOWS THE AGGREGATE PERCENTAGE OF
RECYCLING TO CONSUMPTION WAS ONLY ABOUT 25 PERCENT, RANGING FROM ABOUT
50 PERCENT FOR COPPER AND LEAD DOUN TO 19 PERCENT FOR PAPER PRODUCTS AND
ONLY 4 PERCENT FOR GLASS AND TEXTILES.
IN A FREE MARKET, THERE IS LITTLE ECONOMIC INCENTIVE TO DEVELOP NEW
OR IMPROVED TECHNOLOGIES TO RECYCLE AND REUSE WASTE MATERIALS, AS LONG
AS THE COSTS OF VIRGIN RESOURCES REMAIN LOW.
LITTLE HAS BEEN DONE TO ASSESS THE SOCIOECONOMIC COSTS INHERENT IN
PROCESSING VIRGIN MATERIALS TO COMPARE THEM ON A SYSTEM BASIS WITH THE
BENEFITS DERIVED FROM RECYCLED MATEFIALS. SUCH A COMPARISON COULD LEAD
TO MORE INVESTMENT IN SOLID WASTE RECOVERY TECHNOLOGIES, THAT WILL BOTH
REDUCE ENVIRONMENTAL INSULTS, AND CONSERVE VITAL AND INCREASINGLY SCARCE
AND HIGH COST NATURAL RESOURCES.
MR. CHAIRMAN, THE LEGISLATION BEFORE THIS SUBCOMMITTEE IS FAR
REACHING AND COMPLEX. WE SHOULD LIKE TO PRESENT OUR COMMENTS IN A
FASHION WHICH WILL PROVIDE YOU WHAT ORGANIZED LABOR BELIEVES SHOULD GO
INTO A STRONG AND EFFECTIVE BILL TO BE REPORTED, WITH REFERENCE TO
PROVISIONS IN THE VARIOUS BILLS BEFORE YOU WHICH IN OUR BELIEF WOULD
CONTRIBUTE TO THIS END.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 003 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107038
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
THE POLICY STATEMENT ON THE ENVIRONMENT AND MATERIALS RECOVERY
ADOPTED BY THE AFL-CIO LAST YEAR ATTACHED TO THIS STATEMENT EMPHASIZED
TWO MAJOR POINTS; FIRST, THAT A FAR-REACHING PROGRAM TO MAKE THE
RECOVERY OF LITTER AND SOLID WASTE A PRODUCTIVE AND PROFITABLE ENDEAVOR;
SECOND, THAT THE ANSWER TO THE PROBLEM OF RECYCLING AND REUSE
DOES NOT LIE IN PROPOSALS TO EAN DISPOSABLE CANS AND BOTTLES OR TO
CURTAIL THE USE OF CERTAIN MATERIALS. BY DISRUPTING INDUSTRY AND
CAUSING HEAVY LOSSES OF JOBS, MORE PROBLEMS WOULD BE CREATED THAN
SOLVED.
WE ARE IN TOTAL OPPOSITION TO SUCH LEGISLATION AS S.2062 NOW BEFORE
ANOTHER COMMITTEE OF THE SENATE. OUR STEELWORKERS, GLASS BOTTLE
BLOWERS, AND ALUMINUM WORKERS UNIONS SET BEFORE THAT COMMITTEE FACTS OF
THE LARGE SCALE JOB LOSS THAT WOULD RESULT FROM THIS KIND OF LEGISLATION
-- FOR EXAMPLE 45,000 IN BASIC METALS AND CAN MANUFACTUFINC ALONE.
MOREOVER, ANY COMPENSATION BY JOBS IN BOTTLE WASHING OR SORTING WOULD
BE MAINLY UNSKILLED AND AT WAGE LEVELS ONE-THIRD OF THAT RECEIVED BY THE
AVERAGE WORKER IN METAL CAN MANUFACTURING.
THIS DOES NOT INCLUDE THE WIDE RANGE OF FRINGE BENEFITS INSURANCE,
VACATION, AND PENSIONS -- THAT THESE WORKERS NOW ENJOY.
THE DIFFICULTY OF PROVIDING NEW AND EQUALLY WELL PAID JOBS FOR THESE
MEN AND WOMEN AND THE ECONOMIC DOWNFALL OF THEIR FAMILIES CANNOT BE
COMPENSATED FOR BY CHEERING STATISTICS OF EQUIVALENT EMPLOYMENT IN SOME
OTHER SKILL IN SOME OTHER PLACE BY SOMEBODY ELSE.
THIS IS WHY ORGANIZED LABOR STRONGLY SUPPORTS AND URGES THIS
SUBCOMMITTEE TO DO LIKEWISE, SECTION 218(B) OF S. 3560, WHICH WOULD
PROHIBIT ANY STATE OR POLITICAL SUBDIVISIONS RECEIVING FEDERAL
ASSISTANCE UNDER THIS ACT FROM ADOPTING AND ENFORCING LAWS OR ORDINANCES
WHICH WOULD INVOLVE PROHI-ITIONS, TAXES, FEES, DEPOSITS OR OTHER
CONTROLS, * * * BASED ON THE DISPOSAL CHARACTERISTICS OF SUCH
CONTAINERS," WHICH LEGAL SANCTIONS WOULD IMPOSE AN UNREASONABLE BURDEN
ON INTERSTATE COMMERCE, OR ALTER DISTRIBUTION SYSTEMS OF SUCH CONTAINERS
IN THE AFFECTED AREA.
WE LIKEWISE OPPOSE SECTIONS 111, 112, AND 123 OF S. 2549 WHICH WOULD
LEAVE THE DOOR WIDE OPEN FOR SUCH PUNITIVE LEGISLATION BY STATES OR
LOCALITIES, OR BY MEANS OF EPA'S RULEMAKING POWER.
WE ALSO ENDORSE SECTION 217 OF S. 3560 WHICH REQUIRES FEDERAL
AGENCIES TO GIVE PREFERENCE IN PURCHASE OF ENERGY OR GOODS DERIVED FROM
RECOVERED RESOURCES, AND SETTING MINIMUM PERCENTAGES OF AGENCY
PROCUREMENT OF GOODS FROM RECOVERED RESOURCES OR ENERGY.
THIS SAME SECTION IN S. 3560 ALSO WOULD BEGIN A MUCH NEEDED PROGRAM
TO ENCOURAGE DEVELOPMENT OF STABLE MARKETS FOR RECOVERED RESOURCES BY
ENABLING PROCUREMENT OF STABLE MARKETS FOR RECOVERED RESOURCES BY
ENABLING PROCURMENT OF SUCH GOODS AND SERVICES BY FEDERAL AGENCIES TO
PAY UP TO 125 PERCENT OF CURRENT MARKET PRICES OF EQUIVALENT GOODS NOT
DERIVED IN WHOLE OR IN PART FROM RECOVERED RESOURCES.
FINALLY, SECTION 217 PROVIDES FOR FEDERAL GRANTS TO STATES,
MUNICIPALITIES OR OTHER AGENCIES, INCLUDING PRIVATE NONPROFIT ENTITIES,
TO ESTABLISH AND OPERATE SOLID WASTE COLLECTION CENTERS FROM WHICH
MATERIALS CAPABLE OF RECYCLING WOULD BE RECOVERED.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 004 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107039
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
WE RECOMMEND THAT THE COMMITTEE REPORT OUT A BILL WHICH WILL, AS IN
SECTION 121 OF S. 3549 PROVIDE COVERAGE OF THE DAVIS BACON PREVAILING
WAGE ACT TO ALL CONSTRUCTION PROJECTS UNDER THIS ACT.
NO BILL SHOULD BE REPORTED OUT MINUS THE EMPLOYEES PROTECTION
PROVISIONS SUCH AS IN SECTION 122 OF S. 3549.
FURTHERMORE, WE STRONGLY ENDORSE THE ENVIRONMENTAL BLACKMAIL
RESTRICTIONS, IN SECTION 122(E) OF S. 3549, BUT WE URGE THAT THIS
LANGUAGE BE AMENDED TO INVOKE SECTION 118(E) OF THE SAME BILL IF THE
RECORD OF AN ALLEGED ENVIRONMENTAL BLACKMAIL HEARINGS SHOWS THE EMPLOYER
HAD WILLFULLY MISREPRESENTED FACTS. THIS WOULD MAKE SUCH EMPLOYER
SUBJECT TO A FINE OF 10,000 DOLLARS OR 6 MONTHS IN JAIL, OR BOTH.
THE SUBCOMMITTEE SHOULD REMOVE THE DEAD HAND OF DISCRIMINATORY
FREIGHT RATES THAT RESTS ON TRANSPORTATION OF RECYCLED MATERIALS, AS
COMPARED TO THOSE CHARGED GOODS MANUFACTURED OR PROCESSED FROM VIRGIN
RESOURCES. THERE SHOULD BE A PROVISION REQUIRING ACTION BY THE
INTERSTATE COMMERCE COMMISSION TO REVIEW AND END ALL SUCH DISCRIMINATORY
RATES, AND AUTHORITY GIVEN TO THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY TO INTERVENE IN ANY RELEVANT FREIGHT RATE PROCEEDINGS
BEFORE THE ICC.
THERE IS SUCH A PROVISION IN S. 7323 WHICH WE UNDERSTAND HAS NOW BEEN
REFERRED TO THIS SUBCOMMITTEE AFTER ACTION ON THE FLOOR OF THE HOUSE.
MR. CHAIRMAN, WE CONGRATULATE YOU FOR INTRODUCING S. 3560 AND URGE
PROMPT ACTION ON IT.
(THE POLICY RESOLUTION PREVIOUSLY REFERRED TO FOLLOWS:)
WHEREAS, ENVIRONMENTAL GROUPS THAT MEAN WELL BUT ARE NOT FULLY
INFORMED ON ALL ISSUES INVOLVED CONTINUE TO PRESS FOR JOB-DESTROYING
LEGISLATION AT LOCAL, STATE AND NATIONAL LEVELS OF GOVERNMENT, AND
WHEREAS, THE AFL-CIO AND ITS 14 MILLION MEMBERS ARE AS DESIROUS OF A
CLEAN ENVIRONMENT AS ANY GROUP, SINCE THE WORKING MAN'S FAMILY DEPENDS
ON SUCH AN ENVIRONMENT FOR THEIR PRIMARY RECREATION PURSUITS, AND
WHEREAS, THE AFL-CIO EXECUTIVE COUNCIL WHILE URGING RESTRAINTS ON
ILL-CONCEIVED LEGISLATION WHICH WOULD DESTROY THOUSANDS OF JOB
OPPORTUNITIES THUS CREATING MORE PROBLEMS THAN SUCH LEGISLATION COULD
HOPE TO SOLVE, AND
WHEREAS, THE CONCEPT OF "RESOURCE REDUCTION" -- THE ADVOCACY OF
REDUCED PRODUCTION OF VARIOUS GOODS AS A MEANS OF CONSERVING RESOURCES
AND IMPROVING THE ENVIRONMENT -- IS A NEGATIVE APPROACH WHICH WOULD
SERVE TO DIMINISH THE LIVING STANDARDS OF AMERICANS IN ALL WALKS OF
LIFE, AND
WHEREAS, THE TRADE UNION MOVEMENT HAS LONG CONTENDED THE POSITIVE
CONCEPT IS RESOURCE RECOVERY, BY WHICH THE NATION MAKES WORTHWHILE USE
OF ITS WASTE IN WAYS FOR WHICH TECHNOLOGY ALREADY EXISTS, AND
WHEREAS, THE REALIZATION OF THIS GOAL DEPENDS ON A BROADLY EXPANDED
FEDERAL PROGRAM OF DEVELOPMENT AND ASSISTANCE IN PUTTING THIS TECHNOLOGY
TO WORK, AND
WHEREAS, EFFORTS TO OBTA-N SUCH A FEDERAL PROGRAM ARE UNDERMINED BY
THE ENVIRONMENTAL ADVOCATES WHO CONTINUE TO SPREAD THE ERRONEOUS
DOCTRINE THAT LEGISLATION CAN SOLVE THE SOLID WASTE AND RESOURCE
PRESERVATION PROBLEMS, AND
WHEREAS, ADOPTION OF SUCH LEGISLATION WOULD HAVE A STAGGERING IMPACT
ON THE NATIONAL ECONOMY BY ELIMINATING WELL-PAYING JOBS AND SUBSTITUTING
FOR THEM LOWER-PAYING JOBS, THUS REDUCING THE CASH FLOW IN THE BUISNESS
WORLD, CREATING CONDITIONS WHICH WOULD COST STILL MORE JOBS, AND
WHEREAS, THIS CUTBACK IN THE NATIONAL ECONOMY WOULD CAUSE SERIOUS TAX
LOSSES AT ALL LEVELS OF GOVERNMENT, RESULTING IN A NEED TO CUT BACK OR
ELIMINATE ESSENTIAL PROGRAMS WHICH HAVE BEEN DEVELOPED OVER YEARS OF
EFFORT; THEREFORE, BE IT
RESOLVED. THAT THE DELEGATES TO THIS TENTH RIENNIAL CONVENTION OF THE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
FIRMLY REJECT THE CONTENTION THAT JOBS MSUT BE SACRIFICED TO PRESERVE
THE ENVIRONMENT; AND BE IT FURTHER.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 005 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107040
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
RESOLVED. THAT THIS CONVENTION IS ON RECORD AS OPPOSING ANY SUCH
LEGISLATION THAT WOULD DESTORY WORKERS' JOBS IN THE NAME OF PROTECTING
THE ENVIRONMENT; AND BE IT FURTHER
RESOLVED. THAT THE CONVENTION ENDORSES THE CONCEPT THAT THE ONLY
SUCCESSFUL MEANS OF PRESERVING OUR RESOURCES AND SOLVING OUR SOLID WASTE
PROBLEM IS THROUGH AN IMAGINTIVE SYSTEM OF RESOURCE RECOVERY THROUGH
WHICH WE CAN TRANSFORM WASTE INTO USEFUL MATERIALS; AND BE IT FURTHER
RESOLVED, THAT THIS CONVENTION URGES MEMBERS OF CONGRESS,
ENVIRONMENTAL LEADERS AND INDUSTRY TO TURN THEIR THINKING IN THAT
DIRECTION AND PROCEED TO INSIST THAT THE FEDERAL GOVERNMENT EMBARK ON A
FAR-REACHING PROGRAM TO ACHIEVE THAT GOAL.
SENATOR RANDOLPH. THANK YOU VERY MUCH, MR. BIEMILLER, FOR BEING WITH
US THIS AFTERNOON AND FOR GIVING US THE POSITION OF YOUR ORGANIZATION.
WHEN YOU ARRIVE AT A POSITION WHICH YOU PRESENT BEFORE A PANEL SUCH
AS THE ONE YOU ARE ADDRESSING HERE TODAY, WHAT IS THE PROCESS WITHIN THE
AFL-CIO?
MR. BIEMILLER. WE HAD SEVERAL MEETINGS OF REPRESENTATIVES OF THE
UNIONS IN THEINDUSTRIES THAT ARE PRIMARILY AFFECTED BY THE WASTE
MATERIAL PROBLEM. WE THRASHED OUT THERE A STATEMENT THAT THEN WENT TO
THE EXECUTIVE COUNCIL OF THE AFL-CIO. THERE, AS I REMEMBER, WERE ONE OR
TWO AMENDMENTS OFFERED. YOU ARE ASKING ABOUT THE PROCESS. THEY WERE
ADOPTED. THEN THE STATEMENT WAS ADOPTED.
THEN AT A SUBSEQUENT CONVENTION, AT TWO SUBSEQUENT CONVENTIONS, 1971
AND 1973, WE HAD ADOPTED RESOLUTIONS ALONG THE LINES OF THIS TESTIMONY.
SO WE HAVE THE SUPPORT OF THE ENTIRE LABOR MOVEMENT BEHIND THIS
POSITION. THERE WERE NO DISSENTING VOTES ON THE RESOLUTIONS AT THE
CONVENTIONS OR IN THE EXECUTIVE COUNCIL.
SENATOR RANDOLPH. HOW MANY WORKERS DID YOU INDICATE, MR. BIEMILLER,
WOULD BE ADVERSELY AFFECTED IF LEGISLATION FAILS TO TAKE INTO ACCOUNT
THE EMPLOYMENT OF THOSE PERSONS WHICH YOU REPRESENT?
MR. BIEMILLER. IN THE CAN INDUSTRY ALONE WE FIGURE THERE ARE 45,000
PEOPLE WHO WOULD BE AFFECTED. DO YOU HAVE ANY ESTIMATES ON THE OTHER
INDUSTRIES?
MR. TAYLOR. I THINK THE GLASS BOTTLE BLOWERS UNION ESTIMATES -- IT
IS A REALTIVELY SMALL UNION COMPARED TO THE STEELWORKERS, I THINK WITH A
TOTAL MEMBERSHIP OF 75,000 OR 80,000 -- IN THE NEIGHBORHOOD OF POSSI0LY
ONE-THIRD OF THEIR MEMBERSHIP WOULD BE ADVERSELY AFFECTED.
SENATOR RANDOLPH. MR. BIEMILLER, IN THE FREE MARKET YOU HAVE SAID
THERE IS LITTLE ECONOMIC INCENTIVE TO DEVELOP NEW OR IMPROVED
TECHNOLOGIES TO RECYCLE AND REUSE WASTE MATERIALS AS LONG AS THE COSTS
OF VIRGIN RESOURCES REMAIN LOW.
I AM NOT CERTAIN, BUT I PRESUME YOU ARE SAYING THAT THE PROBLEM IS,
IN PART, THE FREE MARKET SYSTEM ITSELF, BECUASE IT DOES NOT CONSIDER THE
LONG-TERM IMPLICATIONS OF RESOURCE DEPLETION.
IS THAT CORRECT?
MR. BIEMILLER. YOU WILL RECALL IN THE REPORT OF THE NATIONAL
COMMISSION OF A YEAR OR SO AGO THAT THE POINT WAS MADE VERY STRONGLY WE
WOULD HAVE TO REVISE OUR THINKING AND TAKE INTO ACCOUNT LONGRUN EFFECTS
OF THE GROWING SHORTAGES OF CERTAIN KINDS OF RAW MATERIALS.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 006 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107041
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
ON TOP, OF IT, CERTAINLY, UNTIL RECENTLY, NOW THE PRICES ARE
BEGINNING TO GO UP IN MANY AREAS, A LOT OF PEOPLE JUST SIMPLY SAID IT
ISN'T WORTH WHILE TO GO THROUGH ALL OF THE TROUBLE THAT THEY THROUGHT
WAS INVOLVED IN RECOVERING USED MATERIALS. BUT WE BELIEVE THAT RECENTLY
TERE HAVE BEEN VARIOUS KINDS OF PROCESSES DEVELOPED WHICH MAKE IT
POSSIBLE TO RECOVER USED MATERIALS AND MAKE IT USABLE IN MANY, MANY
DIFFERENT WAYS.
ACTUALLY, IN SOME AREAS I CAN'T HELP BUT GETTING IN A LITTLE PLUG FOR
WISCONSIN HERE, SENATOR, MANY MANY YEAFS AGO
SENATOR RANDOLPH. WHAT DISTRICT DID YOU REPRESENT IN THE HOUSE?
I FOUND ANOTHER FIGURE IN MILWAUKEE VERY INTERESTING AND I DON'T
UNDERSTAND WHY IT HASN'T BEEN FOLLOWED OUT BY MANY OTHER CITIES.
YOU ARE AWARE, I AM SURE, SENATOR RANDOLPH, BECAUSE IT INVOLVED IN
ONE SENSE YOUR AREA OF THE GROWING SO-CALLED SLUDGE PROBLEMS OUT IN
MONTGOMERY COUNTY. FOR OVER 40 YEARS THE MILWAUKEE SEWAGE COMMISSION
HAS BEEN PRODUCING ONE OF THE MOST EXCELLENT FERTILIZERS IN THE WORLD
CALLED MILL ORGANITE FROM SLUDGE. WHY THIS CAN'T BE DONE BY A LOT OF
OTHER AREAS I DON'T KNOW.
SENATOR RANDOLPH. I AM ADVISED THAT HAS BEEN DONE IN OTHER AREAS,
MR. BIEMILLER.
MR. BIEMILLER. THERE IS NO COMMERCIAL PRODUCT ON THE MARKET TODAY
EXCEPT MILL ORGANITE. NOBODY ELSE YET HAS TRIED TO REALLY PUSH THE
DEVELOPMENT. I HOPE IT IS DONE. DON'T GET ME WRONG BECAUSE I THINK IT
IS A PERFECTLY OBVIOUS ANSWER TO PART OF OUR PRO0LEM.
SENATOR RANDOLPH. M.R BIEMILLER, YOU SUPPORT AND I THINK YOU
STRONGLY SUPPORT THE GUARANTEED BUY-BACK PROVISIONS WHICH ARE IN S.
2560.
MR. BIEMILLER. VERY STRONGLY.
SENATOR RANDOLPH. THESE PROVISIONS WOULD PROHIBIT ANY STATE OR
POLITICAL SUBDIVISION RECEIVING FEDERAL ASSITANCE FROM ADOPTING
ENFORCING LAWS OR ORDINANCES WHICH WOULD INVOLVE, AS YOU SAID,
PROHIBITION, TAXES, FEES, DEPOSITS, OR OTHER CONTROLS BASED ON DISPOSAL
CHARACTERISTICS OF SUCH CONTAINERS.
I DON'T KNOW WHAT YOU FEEL ABOUT LEGAL SANCTIONS, WHETHER SUCH
ACTIONS WOULD BE AN UNREASONABLE BURDEN ON INTERSTATE COMMERCE. ARE YOU
SAYING TO THE PANEL THAT THIS PROVISION SHOULD BE EXPANDED TO INCLUDE
ALL RECYCLED MATERIALS NOT JUST FROM FEDERALLY ASSISTED PROJECTS? THAT
IS A GUARANTEED BUT-BACK PROVISION.
MR. BIEMILLER. AS I UNDERSTAND IT YOU ARE WRITING IT INTO THE ONLY
AREA THAT YOU CAN DIRECTLY AFFECT WHICH IS THE FEDERAL.
SENATOR RANDOLPH. YES.
MR. BIEMILLER. BUT YOU ARE NOW RAISING WHETHER THIS SHOULD ALSO BE
DONE IN TERMS OF STATES AND LOCALITIES, AND SO ON?
SENATOR RANDOLPH. THAT IS CORRECT.
MR. BIEMILLER. I WOULD SEE NO BASIC PROBLEM EXCEPT YOU MAY RUN INTO
SOME LEGAL PROBLEMS I WOLLD THINK OF HOW MUCH YOU CAN REQUIRE. THAT IS
SOMETHING I WOULD LEAVE TO THE JUDGMENT OF THE COMMITTEE.
SENATOR RANDOLPH. IT IS A LEGAL MATTER, PREEMPTION OF STATE LAWS.
MR. BIEMILLER. BUT CERTAINLY WE AGREE WITH WHAT YOU HAVE IN STOPPING
THE SO-CALLED BAN THE CAN AND BAN THE BOTTLE PROGRAM. WE AGREE
PERFECTLY.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 007 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107042
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
SENATOR RANDOLPH. IN S. 3560 WE WOULD ATTEMPT TO ENABLE FEDERAL
PROCUREMENT OF RECOVERED RESOURCES UP TO 125 PERCENT OF THE CURRENT
MARKET PRICES OF THE EQUIVALENT VIRGIN GOODS. I KNOW WE HAVE HAD
WITNESSES WHO HAVE SUGGESTED THAT THE PREMIUM PRICE IS NOT NEEDED AND
THAT PROCUREMENT SHOULD BE AT THE PREVAILING MARKET PRICE.
WOULD YOU COMMENT ON THAT, SIR?
MR. TAYLOR. SENATOR, THE REASON WHY I THINK WE ARE SUPPORTING THAT
PARTICULAR PROVISION IS THAT THERE ARE DIFFERENTIATIONS IN PRICES WHICH
ARE REFLECTED IN THE COSTS OF RECYCLED MATERIALS VERSUS THE COSTS OF
GOODS AND SERVICES EQUIVALENT TO THOSE MATERIALS THAT COME OUTOF THE
VIRGIN RESOURCE ITSELF. OUR CONCEPT OF THIS, OR AT LEAST OUR
UNDERSTANDING OF WHAT WE BELIEVE IS YOUR INTENT IN THAT SECTION, WAS TO
STIMULATE THE MARKET OF RESOURCE RECOVERY SO THAT IT WOULD BEMEANS --
TIS IS A SUBSIDY IN EFFECT. NOBODY WOULD DENY THAT. BUT I THINK ALL
SUBSIDIES ARE NOT BAD. I THINK THIS IS A GOOD SUBSIDY, IN ORDER TO
INCREASE THE USE AND, PERHAPS, STIMULATING THE DEVELOPMENT OF RESOURCES
TECHNOLOGIES THAT WOULD INCREASE THE GOODS AND SERVICES THAT WOULD HAVE
ALL OR PARTIALLY RECOVERED MATERIALS CONTAINED IN THEM.
THIS WAS THE REASON WHY WE SUPPORTED THIS.
MR. BIEMILLER. IT WOULD BE OUR HOPE, SENATOR, THAT AS YOU DEVELOP
THE RECYCLING INDUSTRY THROUGH THE STIMULI YOU WOULD GIVE THAT YOU WOULD
THEN, I THINK, EVENTUALLY GET THE PROCESSES THAT THE PRICE WOULD COME
DOWN. YOU ARE NOT INSISTING ON PAYING 5 PERCENT. YOU ARE SAYING YOU
MAY. AS THE PRICE CAME DOWN I THINK IT COULD BE MET.
SENATOR RANDOLPH. THAT IS CORRECT.
MR. TAYLOR. COULD I ADD JUST ONE THING?
SENATOR RANDOLPH. YES.
MR. TAYLOR. THE OTHER ELEMENT THAT WOULD FIT INTO THIS IS THE
PRESENT DISCRIMINATION THAT EXISTS IN THE SHIPMENT OF SOMETIMES VERY
LONG DISTANCES OF GOOD THAT ARE RECYCLED IN TERMS OF FREIGHT RATES AS
AGAINT GOODS THAT ARE MADE FROM VIRGIN MATERIALS WHICH THE ICC HAS
PERPETUATED FOR A GOOD MANY YEARS.
YOU NEED BOTH OF THESE IN ORDER TO HAVE A MORE RATIONAL MARKET. THIS
WOULD BE A REFLECTION OF THE REAL COSTS OF ONE VERSUS THE REAL COSTS OF
ANOTHER.
PERHAPS WITHIN A DECADE IF THIS PROGRAM WERE TO SUCCEED YOU WOULD LET
THE FREE MARKET ONCE AGAIN PREVAIL AND IT WOULD BECOME A MATTER OF
CHOOSING ALTERNATIVES, RATHER THAN TERRIFFIC COST DIFFERENTIALS BETWEEN
THE TWO WHICH NOW EXIST.
SENATOR RANDOLPH. SENATOR BURDICK, YOU HAVE JOINED US THIS
AFTERNOON. I WANT YOU TO ASK YOUR QUESTIONS IN REFERENCE TO THE
TESTIMONY.
SENATOR BURDICK. THANK YOU, MR. CHARIMAN.
FIRST OF ALL, I WOULD LIKE TO COMMEND MR. BIEMILLER FOR HIS
TESTIMONY. IT HAS CONTRIBUTED TO OUR DELIBERATIONS TODAY. I THINK,
HOWEVER, THAT THE CASUAL READERS OF YOUR TESTIMONY MIGHT FIND SOME
INCONSISTENCIES. PERAPS YOU SHOULD CLEAR THEM UP.
ON FIRST BLUSH I NOTICE ON PAGE 2 YOU SAY AMERICANS AS NEVER BEFORE
MUST IN ALL OF THEIR ACTIVITIES BECOME CAREFUL AND THRIFTY IN THE USE OF
RAW MATERIALS. WE ARE APPROACHING A DAY OF RECKONING AND PRODIGALITY.
OUR BEST EFFORTS MUST BE NOW EXPANDED TO DEVELOP A NEW NATIONAL
AWARENESS OF THE NEED TO TAKE OUR RAW MATERIALS THROUGH A DIFFERENT
JOURNEY, THAT OF A CLOSED CYCLE OF USE, SALVAGE, REPROCESSING AND REUSE.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 008 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107043
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
YOU SAY WE ARE IN TOTAL OPPOSITION TO SUC LEGISLATION AS S. 2062 NOW
BEFORE ANOTHEF COMMITTEE OF THE SENATE. OUR STEEL WORKERS, GLASS BOTTLE
BLOWERS, ALUMINUM WORKERS, UNIONS SET BEFORE THE COMMITTEE THE FACTS OF
THE LARGE-SCALE JOB LOSS THAT WOULD RESULT FROM THIS KIND OF
LEGISLATION. FOR EXAMPLE, 45,000 IN BASIC METALS AND CAN MANUFACTURING
ALONE. MOREOVER, ANY COMPENSATION FOR JOBS IN BOTTLE WASHING OR SORTING
WOULD BE MAINLY UNSKILLED AND WAGE LEVELS THAT ARE ONE-THIRD OF THAT
RECEIVED BY THE AVERAGE WORKER IN THE METAL CAN MANUFACUTRING.
DO YOU SEE ANY INCONSISTENCY?
MR. BIEMILLER. NO.
SENATOR BURDICK. WHAT ABOUT THE REUSE OF BOTTLES?
MR. BIEMILLER. NO.
SENATOR BURDICK. YOU ARE NOT AGAINST REUSE OF BOTTLES?
MR. BIEMILLER. WE ARE NOT AGAINST REUSE. WE ARE AGAINST DOING IT BY
COMPULSION, BY LAW, BY SAYING THEY ARE OING TO 0AN THE CAN AND BAN THE
BOTTLE. THE TYPE OF THING THAT YOU HAVE IN SOME LOCALITIES NOW WHEREVER
EFFORT IS MADE TO STOP THE USE OF NEW BOTTLES AND NEW CONTAINERS,
PARTICULARLY CANS -- BOTTLES, TOO. DON'T GET ME WRONG. THIS IS THE
KIND OF THING THAT IS GOING ON. WE DON'T SEE ANY INCONSISTENCY IN THIS
BECAUSE YOU CAN FOR EXAMPLE WITH THE ALUMINUM CANS ALMOST COMPLETELY
RECOVER.
SENATOR BURDICK. YOU ARE NOT OPPOSED TO REUSE OF BOTTLES THEN?
MR. BIEMILLER. NO. WE ARE NOT OPPOSED TO REUSE, BUT WE ARE OPPOSED
TO LAWS THAT WOULD FORCE NOTHING BUT THE REUSE OF BOTTLES. THAT IS THE
CATCH ON THE THING. THE GAME IS TO REQUIRE A DEPOSIT ON EVERY CAN AND
SO ON AND IN AN EFFORT TO STOP THE USE OF THE CAN AND THE BOTTLE EXCEPT
RETURNABLE ONES.
MR. TAYLOR. SENATOR, THERE IS JUST ONE THING THAT I THINK POSSIBLY
SHOULD BE ADDED TO THIS. ONE IS THAT IN FOLLOWING UP ON WHAT MR.
BIEMILLER SAID, THE FORCING BY LAW, CHANGES IN TECHNOLOGY WITHOUT TAKING
INTO CONSIDERATION THE SOCIOECONOMIC SIDE OF IT IS NOT VERY WELL THOUGHT
OUT PLANNING. O0VIOUSLY, THE PEOPLE WHO HAVE BEEN, AND RIGHTLY SO,
OFFENDED BY THE COSMETIC ENVIORNMENTAL INSULTS, ADDITIONAL COSTS OF
COLLECTION, CAUSED BY THROWAWAY BOTTLES AND CANS IN THE MUNICIPALITIES
DO HAVE A CONCERN ABOUT THIS PART OF IT.
BUT WHEN YOU TAKE INTO CONSIDERATION THAT BOTTLES AND CANS MAKE UP AN
EXTREMELY SMALL PERCENTAGE OF THE TOTAL BURDEN OF SOLID WASTES SPEWED
OUT ON THE LANDSCAPE IN THIS COUNTRY AND YOU TAKE INTO CONSIDERATION IN
A COMMUNITY LIKE WASHINGTON THAT THE SOLID WASTE FROM PAPER PRODUCTS
MAKES THAT FROM BOTTLES SMALL IN COMPARISON, YOU WONDER WHY THIS
PARTICULAR ITEM IS BEING SINGLED OUT.
WHAT WE ARE TRYING TO RECOMMEND IN OUR POLICY RESOLUTION IS WHAT WE
WOULD LIKE TO CONVEY TO YOU IN THIS MEETING, IS THAT YOU SHOULD TAKE AN
OVERALL APPROACH AND NOT SINGLE OUT JUST ONE SOURCE OF SOLID WASTE AND
DEVOTE ALL OF YOUR TIME AND EFFORT TO IT.
SENATOR BURDICK. I WASN'T SINGLING OUT ANYTHING. I WAS JUST
THINKING OF YOUR BROAD STATEMENT, AND I THOUGHT THAT YOU LATER STATEMENT
LEFT A FEELING THAT THERE WAS SOME ARTICLE YOU DIDN'T WANT TO USE. THAT
IS ALL.
MR. TAYLOR. IN ALL OF THESE MATTERS THERE HAS TO BE SOME KIND OF A
TRADE-OFF. WE DON'T BELIEVE THE TRADE-OFF OF A LOSS OF MANY THOUSANDS
OF JOBS THE WAY THIS SET UP IS A FAIR TRADE-OFF.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 009 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107044
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
SENATOR BURDICK. I UNDERSTAND THAT. THE ECONOMIC AND SOCIOLOGICAL
QUESTIONS ARE ANOTHER MATTER. I WANT TO CONFINE IT TO WHETHER OR NOT
THERE ARE SOME ARTICLES THAT FOR ONE REASON OR ANOTHER YOU FEEL SHOULD
NOT BE REUSED.
MR. TAYLOR. WE WOULD HOPE THAT EVERYTHING COULD BE REUSED.
SENATOR BURDICK. YOU ARE NOT SAYING WE SHOULDN'T REUSE IT?
MR. TAYLOR. NO.
SENATOR BURDICK. THAT IS FINE.
MR. BIEMILLER. THERE IS ONE EXCEPTION HERE THAT YOU ARE, OF COURSE,
FAMILIAR WITH. I THINK IN EVERY STATE IN THE UNION THE TAVERN KEEPERS
ARE REQUIRED TO BREAK WHISKEY BOTTLES.
SENATOR BURDICK. THEY CAN'T REUSE THEM?
MR. BIEMILLER. BY LAW YOU PREVENT THE REUSE OF IT TO STOP THE
POURING OF BOOTLEGGED LIQUOR INTO GOOD LIQUOR BOTTLES. THAT IS A
PROBLEM WE KNOW IN WISCONSIN QUITE WELL. I ASSURE YOU.
SENATOR BURDICK. OF COURSE, YOU ALL RECOGNIZE THAT IF YOU CAN REUSE
SOMETHING YOU DON'T HAVE A DISPOSAL PROBLEM.
MR. BIEMILLER. THAT IS RIGHT.
SENATOR BURDICK. AS YOU NOTE, LAST YEAR THE FINE REPORT OF THE
NATIONAL COMMISSION ON MATERIALS POLICY EMPHASIZED THE INCREASINGLY
SERIOUS DIFFICULTY THIS NATION FACES IN MEETING ITS RAW MATERIALS NEEDS
FOR ITS DOMESTIC RESOURCES.
WE ARE BECOMING MORE AND MORE DEPENDENT UPON FOREIGN SUPPLIES. WE
ARE APPROACHING A DAY OF RECKONING.
IT WOULD APPEAR WE HAVE NOT LEARNED WITH THE ENERGY CRISIS. WE ARE
ON A SIMILAR COURSE FOR FUTURE SUPPLY AND DEMAND FOR A NUMBER OF
CRITICAL MATERIALS. CARTELS ARENOW FORMING IN ALUMINUM, FOR EXAMPLE.
WOULD YOU AGREE WITH THIS STATEMENT?
MR. TAYLOR. YES. I THINK IT WOULD REFLECT THE EXISTING SITUATION.
SENATOR BURDICK. CONSIDERABLE TESTIMONY HAS BEEN RECEIVED ATTESTING
TO DISCRIMINATORY FREIGHT RATES ON THE TRANSPORTATION OF RECYCLED
MATERIALS AS COMPARED TO THOSE CHARGED ON GOODS MANUFACTURED OR
PROCESSED FROM VIRGIN RESOURCES.
YOU RECOMMEND REVIEW ACTION BY INTERSTATE COMMERCE COMMISSION TO END
ALL SUCH DISCRIMINATORY RATES. YOU ALSO RECOMMEND THAT AUTHORITY BE
GIVEN TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO
INTERVENE IN ANY RELEVANT FREIGHT RATE PROCEEDING BEFORE THE ICC.
IS THIS AUTHORITY FOR EPA TO INTERVENE NOT NOW PROVIDED BY THE ICC'S
AUTHORITY?
MR. BIEMILLER. I CAN'T ANSWER THAT QUESTION. I WOULD PRESUME THAT
IF A PUBLIC HEARING IS BEING HELD UNDER THE ADMINISTRATIVE PROCEEDING
ACT THAT YOU COULD CONCEIVABLY, ANY GOVERNMENT AGENCY OR ANY AFFECTED
PARTY COULD ASK FOR A STATUS TO PRESENT THEIR VIEWS ON THAT AS AN
INTERVENOR OR AN INTERESTED PARTY, BUT I COULDN'T ANSWER THAT QUESTION.
SENATOR BURDICK. THE LAST TWO QUESTIONS WERE SUPPLIED BY THE STAFF.
MR. BIEMILLER. MAYBE THE STAFF KNOS THE ANSWER.
SENATOR RANDOLPH. YOU RAISED THE POINT IN YOUR STATEMENT.
MR. BIEMILLER. THAT IS IN THE HEART OF THE BILL THAT HAS BEEN
REFERRED TO THE SUBCOMMITTEE.
STATEMENT OF BIEMILLER A J, ACCOMPANIED BY TAYLOR G AND MCLAUGHLIN R
WASTE AND ENVIRONMENT: POLICY RESOLUTIONS ADOPTED 731000
NEED FOR A NATIONAL MATERIALS POLICY
PART 010 OF 10
BIEMILLER A J DIRECTOR
TAYLOR G SECRETARY
MCLAUGHLIN R LEGISLATIVE REPRESENTATIVE
AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS
DEPARTMENT OF LEGISLATION
AFL-CIO STAFF COMMITTEE ON ATOMIC ENERGY AND NATURAL RESOURCES
AFL-CIO 10TH CONSTITUTIONAL CONVENTION
107045
HEARINGS
TRANSCRIPT
COMMENT PETITIONER
MR. TAYLOR. I JUST WONDERED IF SENATOR HART'S STAFF DIDN'T RESEARCH
THIS AND THAT IS THE REASON WHY THEY INSERTED IT IN THERE. AS FAR AS
GIVING YOU AN AUTHORITATIVE ANSWER, I CAN'T.
SENATOR BURDICK. SOMEWHERE ALONG THE LINE, WE CAN PROBABLY GET THIS
CLARIFIED BEFORE THE HEARING IS OVER.
MR. BIEMILLER. I THINK IT IS A POINT TO BE CLARIFIED.
SENATOR BURDICK. THANK YOU VERY MUCH.
SENATOR RANDOLPH. THANK YOU, SENATOR BURDICK.
MR. BIEMILLER, WE APPREICATE THAT YOU AND YOUR ASSOCIATES HAVE COME
AND GIVEN US YOUR FEELINGS ABOUT THE PENDING BILLS BEFORE THIS PANEL.
YOUR TESTIMONY HERE WILL BE A PART OF THE RECORD THAT WE WILL STUDY
VERY, VERY CAREFULLY.
WE KNOW THE IMPORTANT SEGMENTS OF THE WORKERS' POPULATION WITHIN YOUR
UNION THAT YOU SPEAK FOR TODAY.
ON MONDAY AT 9:30 A.M. WE WILL CONTINUE WITH THE GLASS, STEEL, AND
ALUMINUM WORKERS AS WELL AS OIL AND ATOMIC WORKERS. I BELIEVE THEY ARE
PART OF YOUR ORGANIZATION.
MR. BIEMILLER. I AM DELIGHTED THAT YOU ARE HAVING THEM APPEAR.
SENATOR RANDOLPH. YOU HAVE BEEN HERE A LONG WHILE, MANY OF YOU. THE
WEATHER LOOKS BETTER OUT SIDE AND NOT QUITE AS HOT. WE WILL RECESS
UNTIL THEN. THANK YOU VERY MUCH.
(WHEREUPON, AT 2:50 P.M., THE PANEL RECESSED, TO RECONVENE AT 9:30
A.M., MONDAY, JULY 15, 1974.)
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 001 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107046
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE PANEL MET AT 9:40 A.M., PURSUANT TO RECESS, IN ROOM 4200, DIRKSEN
SENATE OFFICE BUILDING, HON. JENNINGS RANDOLPH 1(CHAIRMAN OF THE FULL
COMMITTEE) PRESIDING.
PRESENT: SENATORS RANDOLPH AND DOMENICI.
SENATOR RANDOLPH. A PLEASANT MONDAY MORNING TO ALL OF YOU.
MR. MAZZOCCHI, YOU WILL BE OUR FIRST WITNESS ACCORDING TO THE
ARRANGEMENTS WHICH I UNDERSTAND ARE AGREEABLE TO THE GROUP THAT WE SHALL
HAVE THE PRIVILEGE OF HEARING THIS MORNING.
WILL YOU GIVE US YOUR NAME, IDENTIFY YOUR ORGANIZATION AND SUCH OTHER
BACKGROUND MATERIAL, AS YOU CARE FOR THE PANEL TO POSSESS PRIOR TO THE
BEGINNING OF YOUR STATEMENT.
MR. MAZZOCCHI. I AM ANTHONY MAZZOCCHI, LEGISLATIVE DIRECTOR OF THE
OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION. I WISH TO SUBMIT
FOR THE RECORD A COPY OF THE POSTER AND PAMPHLET THAT OUR UNION HAS
PUBLISHED IN CONNECTION WITH OUR HAZARDOUS WASTE EDUCATION PROGRAM.
(THE PAMPHLET APPEARS AT P. 606. THE POSTER MAY BE FOUND OPPOSIT P.
628.)
MR. CHAIRMAN, MEMBERS OF THE PANEL AND STAFF, I APPRECIATE THIS
OPPORTUNITY TO APPEAR BEFORE YOU THIS MORNING.
THE LEGISLATION BEING CONSIDERED BY YOUR PANEL IS OF SPECIAL
IMPORTANCE TO MEMBERS OF THE OCAW. IN OUR WORKPLACES, THE GOODS
PRODUCED END UP AS SOLID WASTE. AND MANY OF OUR MEMBERS ARE EXPOSED
DAILY TO THE VERY MATERIALS THE ADMINISTRATION PROPOSES, IN S. 1086, TO
GIVE SPECIAL TREATMENT BECAUSE OF THEIR HIGH LEVEL OF HAZARD.
WE HAVE EXPERIENCED THE DEVASTATING EFFECTS OF TOXIC METAL AND
ARSENIC POISONING AND BECAUSE OF OUR AWARENESS OF WHAT HAS HAPPENED AT
THE WORKPLACE, WE ARE DEEPLY COMMITTED TO THE IMPROVEMENT OF THE GENERAL
ENVIRONMENT AS WELL.
I WOULD LIKE TO BRIEFLY SHORE WITH YOU AN EXAMPLE OF THIS: SARAN
WRAP IS A POLYVINYL PLASTIC. ONE OF ITS DECOMPOSITION PRODUCTS IS
PHOSGENE GAS. OCAW HAS HAD A NUMBER OF ITS MEMBERS KILLED BY PHOSGENE
GAS THAT WAS RELEASED IN VARIOUS WAYS DURING THE WORK PROCESS.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 002 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107047
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
SARAN WRAP, AMONG OTHER LIKE PLASTIC SUBSTANCES, IS BURNED IN
INCINERATORS AND PHOSGENE GAS CAN BE PRODUCED THIS WAY ADDING ANOTHER
HAZARDOUS SUBSTANCE TO THE GENERAL ENVIRONMENT.
WE CAN GIVE COUNTLESS EXAMPLES SIMILAR TO THIS ONE. THE ENVIRONMENT
WE WORK IN AND THE ENVIRONMENT WE LIVE IN ARE INSEPARABLE. PASSAGE OF
AIR AND WATER QUALITY LEGISLATION BY THE CONGRESS SINCE THAT TIME HAS
PROVIDED SOME PROTECTION TO CITIZENS FROM EMMISSIONS SUCH AS THE
PHOSGENE GAS DESCRIBED ABOVE.
HOWEVER, ANOTHER IMPACT OF AIR AND WATER QUALITY LEGISLATION HAS BEEN
THE INCREASED USE OF LAND DISPOSAL SITES, NOT ONLY FOR INDUSTRIAL
WASTES, BUT FOR RESIDENTIAL WASTES AS WELL.
IT IS DEEPLY DISTURBING THAT THE MOST PREVALENT MEANS OF WASTE
DISPOSAL REMAINS THE OPEN DUMP--POLLUTING AIR, WATER, AND LAND.
MANY OF THE MATERIALS THAT ENTER THE MUNICIPAL WASTE STREAM ARE
PROTENTIALLY HAZARDOUS AND REALIZE THAT POTENTIAL WHEN DEPOSITED IN THE
DUMP.
SPEAKING FROM OUR EXPERIENCES WITH MATERIALS IN THE PLANTS, WE KNOW
THEY CAN BE HAZARDOUS AS WELL. OFTEN, IT IS YEARS BEFORE THE TRUE
ENVIRONMENTAL AND HEALTH IMPACT OF MANY MATERIALS WE WORK WITH ARE
DISCOVERED.
WE CANNOT ACCEPT THE DIVISION ESTABLISHED IN THE ADMINISTRATION'S
BILL. S.1086, BETWEEN HAZARDOUS AND NONHAZARDOUS WASTES. AN
ENVIRONMENTAL PROTECTION AGENCY REPORT CONCERNING THE ADMINISTRATION'S
BILL JUSTIFIES THE EXCLUSION OF NONHAZARDOUS WASTE DISPOSAL ON THE BASIS
OF THE LOW PRIORITY PRESENTLY GIVEN SOLID WASTE MANAGEMENT AT THE STATE
AND LOCAL LEVELS.
EPA POINTS TO THE LIMITED MANPOWER AND FINANCIAL RESOURCES PRESENTLY
COMMITTED TO SOLVING NONHAZARDOUS WASTE MANAGEMENT PROBLEMS. IT IS
PRECISELY THIS SITUATION WHICH NECESSITATES A COMPREHENSIVE FEDERAL
SOLID WASTE MANAGEMENT PROGRAM. AT THE VERY LEAST, MINIMALLY SAFE
DISPOSAL OF ALL WASTES MUST BE PROVIDED FOR ALL CITIZENS.
DURING THE HEARINGS, THERE HAS BEEN A GREAT DEAL OF DUSCUSSION ABOUT
RESOURCES AND ENERGY RECOVERY FROM SOLID WASTE. THESE ARE IMPORTANT
OPTIONS THAT MUST BE AVAILABLE TO PROMOTE MATERIALS AND ENERGY
CONSERVATION. ONE WAY TO ENCOURAGE THE RECOVERY OF MATERIALS IS TO
ELIMINATE UNSAFE DISPOSAL METHODS. OPEN DUMPS MAY BE CHEAP, BUT THEY
ARE DANGEROUS TO PUBLIC HEALTH AND THE ENVIRONMENT AND ARE A SCANDALOUS
WASTE OF RESOURCES.
WE ALSO MUST NOT LOSE SIGHT OF THE FACT THAT NOT EVERY CITY CAN
SUPPORT SUCH RESOURCE SYSTEMS. IN THESE AREAS, LAND DISPOSAL MAY BE THE
BEST ALTERNATIVE.
FEDERAL EFFORTS TO CURB OPEN BURNING AND DUMPING HAVE BEEN EXTREMELY
DISAPPOINTING. THE U.S. ENVIRONMENTAL PROTECTION AGENCY HAS YET TO
PROMULGATE ANY FINAL GUIDELINES--NOT EVEN FOR LANDFILL OR
INCINERATION--4 YEARS AFTER ENACTMENT OF THE RESOURCE RECOVERY ACT IN
1970.
IT IS NOW TIME FOR THE ESTABLISHMENT OF A FEDERAL REGULATORY PROGRAM
TO ELIMINATE THESE UNSAFE DISPOSAL PRACTICES. PROVISIONS FOR CITIZEN
PARTICIPATION THROUGH PUBLIC HEARINGS IN PROMULGATING REGULATIONS AS
PROVIDED IN S.3277 ARE ESSENTIAL.
OF SPECIAL IMPORTANCE TO THE OCAW ARE REQUIREMENTS FOR ON-SITE
INSPECTION AS WELL AS RECORD MAINTENANCE AND LABELING OF WASTES HANDLED.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 003 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107048
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE AVAILABILITY OF THIS INFORMATION WILL HELP INSURE EFFECTIVE
IMPLEMENTATION AS WELL AS ASSIST WORKERS IN THEIR STRUGGLE TO MAKE THE
WORKPLACE ENVIRONMENT SAFE.
INSURING THE CLIMINATION OF UNSAFE COLLECTION AND DISPOSAL PRACTICES
IS THE FIRST STEP THAT MUST BE TAKEN AT THE FEDERAL LEVEL. TO ENCOURAGE
REUSE AND RECYCLING OF MATERIALS AND CONSERVATION OF ENERGY, THE FEDERAL
GOVERNMENT HAS A SPECIAL OBLIGATION TO ESTABLISH PURCHASING POLICIES
WHICH EMPHASIZE THE USE OF THESE MATERIALS. WE ARE GLAD TO SEE
PROVISIONS IN ALL OF THE BILLS FOR INCREASED FEDERAL PROCUREMENT OF
RECYCLABLE AND REUSABLE GOODS.
ALTHOUGH DEFENSE AND NON-DEFENSE-RELATED FEDERAL PROCUREMENT
EXPENDITURES WERE ONLY 3.86 PERCENT OF GROSS DOMESTIC OUTPUT IN 1970,
THE IMPACT OF SUCH PROCUREMENT REGULATIONS WILL BE FELT WHEN OTHER UNITS
OF GOVERNMENT, CITIZENS, AND THE PRIVATE SECTOR OF THE ECONOMY USE
FEDERAL GUIDELINES AS A MODEL FOR THEIR OWN PURCHASES.
IN ADDITION TO PROCUREMENT, WE FEEL THAT A REEXAMINATION OF PRESENT
INTERSTATE COMMERCE COMMISSION RATEMAKING POLICIES FOR SECONDARY
MATERIALS, AS CALLED FOR IN SECTION 4 OF S.3732, IS NEEDED.
WE BELIEVE THAT SUCH A PROVISION SHOULD BE INCLUDED IN ANY SOLID
WASTE LEGISLATION REPORTED OUT OF THE SENATE THIS SESSION.
FINANCIAL INCENTIVES, SUCH AS PERCENTAGE DEPLETION ALLOWANCES FOR
EXTRACTIVE INDUSTRIES, HAVE A SIGNIFICANT IMPACT ON THE TYPES OF
MATERIALS UTILIZED IN THE PRODUCTION PROCESS.
ALTHOUGH I REALIZE THAT THIS PANEL DOES NOT HAVE JURISDICTION IN THE
AREA, WE URGE YOUR CONSIDERATION AND EVALUATION OF THIS ISSUE.
ONE OF THE MOST EFFECTIVE PROGRAMS THE FEDERAL SOLID WASTE EFFORT HAS
PRODUCED IS THE PROVISION OF TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS.
THIS KIND OF PROGRAM HAS PRODUCED OUTSTANDING RESULTS. BECAUSE OF ITS
SUCCESS AT ONLY A VERY LOW LEVEL OF FUNDING AND STAFFING, THE PROGRAM
SHOULD BE EXPANDED.
FOR EXAMPLE, SOME OF OUR MEMBERS LIVE IN COMMUNITIES WHERE PROGRAMS
SUCH AS CURBSIDE NEWSPAPER COLLECTION PROJECTS ARE UNDER CONSIDERATION.
A MORE EXTENSIVE EPA TECHNICAL ASSISTANCE PROGRAM WOULD GREATLY
FACILITATE THE EXPANSION AND IMPLEMENTATION OF THESE IMPORTANT LOCAL
EFFORTS.
ON A LARGER SCALE THAN CURBSIDE NEWSPAPER COLLECTION PROGRAMS,
RESOURCE AND ENERGY RECOVERY FACILITIES SERVICING LARGE METROPOLITAN
AREAS WERE AN INTEGRAL PART OF THE LEGISLATION PASSED BY THE CONGRESS IN
1970. WE BELIEVE THAT THIS ORIGINAL COMMITMENT TO RECOVERING MATERIALS
AND ENERGY FROM SOLID WASTE SHOULD CONTINUE IN ANY LEGISLATION REPORTED
OUT BY THIS PANEL.
CONTINUED FEDERAL ASSISTANCE IN FINANCING DEMONSTRATION PROJECTS
AIMED AT DEVELOPING NEW TECHNOLOGY AS WELL AS GRANTS AND LOANS TO
MUNICIPALITIES AND REGIONAL GOVERNMENTAL BODIES FOR CONSTRUCTION OF
ALREADY DEMONSTRATED TECHNOLOGY ARE OF THE UTMOST IMPORTANCE.
THE CONSERVATION IMPACT OF RECOVERING WASTES HAS TAKEN ON A NEW
IMPORTANCE AS THE NATION ENTERS A PERIOD OF MATERIALS AND ENERGY
SHORTAGES. THE USE OF RECLAIMED MATERIALS RESULTS IN REDUCED AMOUNTS OF
AIR AND WATER POLLUTION--ANOTHER IMPORTANT REASON FOR EXPENDED FEDERAL
EFFORTS IN THIS AREA.
BUT, UNLIKE AIR AND WATER POLLUTION, THE ATTACK ON SOLID WASTE
POLLUTION HAS REQUIRED THE EXPENDITURE OF MASSIVE SUMS OF MONEY ON THE
PART OF LOCAL GOVERNMENTS MERELY TO MAINTAIN AN UNACCEPTABLE STATUS QUO.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 004 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107049
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THERE IS A REAL NEED FOR EXPANDED FEDERAL ASSISTANCE AND CONTINUED
FEDERAL RESEARCH EFFORTS IF WE ARE TO DEVELOP AND USE A NEW ETHIC OF
CONSERVATION.
MR. CHAIRMAN, THE OCAW COMMENDS THE COMMITTEE FOR ITS ACTION IN THIS
IMPORTANT AREA. WE FEEL THAT THE SPECIAL PANEL ON MATERIALS POLICY
WHICH HAS BEEN ESTABLISHED POINTS OUT THE IMPORTANCE OF THIS ISSUE. OUR
UNION WILL CONTINUE ITS SOLID WASTE CITIZEN EDUCATION PROGRAM.
WE URGE THE PANEL TO REPORT OUT A STRONG BILL THAT WILL BUILD UPON
THE GROUNDWORK LAID BY THE RESOURCE RECOVERY ACT OF 1970. THANK YOU.
ANE, AS I SAID PREVIOUSLY, THIS MATERIAL HAS BEEN ATTACHED TO MY
TESTIMONY.
SENATOR RANDOLPH. THANK YOU. MR. MAZZOCCHI, FOR YOUR VERY HELPFUL
STATEMENT.
THERE ARE SOME MATTERS OF GENERAL INFORMATION THAT I WOULD LIKE TO
HAVE IN THE RECORD.
THE POSTER THAT YOU HAVE PROVIDED FOR THE PANEL, I HAVE READ IT VERY
CAREFULLY. IT IS A STIMULANT TO SOMEONE WHO REALLY WANTS TO DO A JOB OF
KNOWING MORE ABOUT THIS PROBLEM AND CONTRIBUTING TO ITS SOLUTION.
HOW MANY OF THESE HAVE BEEN ISTRIBUTED AND WHAT WAS THE DATE WHEN IT
WAS FIRST ISSUED?
MR. MAZZOCCHL. I BELIEVE WE DISTRIBUTED APPROXIMATELY 2,000 OF THOSE
TO OUR UNIONS THROUGHOUT THE COUNTRY. THEY WERE DISTRIBUTED
APPROXIMATELY A YEAR AGO.
SENATOR RANDOLPH. WHAT REACTION HAVE YOU HAD BY WAY OF LETTER FROM
OFFICERS OF THE UNIONS OF THE OIL, CHEMICAL AND ATOMIC WORKERS?
MR. MAZZOCCHI. WELL, THERE HAVE BEEN SOME LETTERS, OF COURSE. WE
HAVE AN OPPORTUNITY OF VERBALIZING ON ANYTHING WE PUT OUT BY VIRTUE OF
UNION MEETINGS HELD REGULARLY. IT STIMULATED A GREAT DEAL OF
DISCUSSION. MANY OF THE THINGS WE POINT OUT IN THE EDUCATIONAL MATERIAL
AFFECTS OUR MEMBERS IN ONE WAY OR ANOTHER.
WHEN WE TALK ABOUT SOURCE PRODUCTION, IT ACTS AS A STIMULUS TO
DISCUSSION. WE DISCUSS THE WHOLE BROAD PROBLEM AS AN INTERRELATED
PROBLEM.
IT ACTS AS QUITE A STIMULANT. SOME OF OUR GROUPS TOOK ISSUE WITH
CERTAIN PARTS. A LOT WERE VERY SUPPORTIVE. IT ACTED THE WAY WE WANTED
IT TO ACT. IT STIMULATED DISCUSSION AROUND A PROBLEM THAT EVERYONE
KNOWS EXISTS.
SENATOR RANDOLPH. HAVE THE MEMBERS OF YOUR UNION, MR. MAZZOCCHI,
CAUSED GROUPS OF PEOPLE TO COME TOGETHER? HAVE YOU STIMULATED MEETINGS
OF OTHER THAN YOUR OWN MEMBERS IN THE COMMUNITIES WHERE PLANTS ARE
LOCATED?
I AM TRYING TO FIND OUT, WHAT IS THE IMPACT OF SUCH A POSTER?
MR. MAZZOCCHI. WELL, WE HAVE. WE HAVE SPONSORED A NUMBER OF
COMMUNITY MEETINGS IN NEW ORLEANS, NIAGARA FALLS AND A FEW OTHER PLACES
WHERE WE ALSO INVITE THE PUBLIC.
THE REACTION HAS BEEN EXTREMELY GOOD. WE DO REACH OUT INTO THE
COMMUNITY ANY TIME WE RUN AN EDUCATIONAL PROGRAM.
GENERALLY, REATION HAS BEEN GOOD.
FOR THE COMING YEAR, WE HAVE SIX OR SEVEN PROGRAMS THAT ARE GEARED TO
THE LOCAL COMMUNITY MEMBERS AND THE UNIONS BEING HELD THROUGHOUT THE
UNITED STATES.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 005 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107050
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
WE PRODUCED 5,000 OR 10,000 OF THE CHARTS AND BOOKLETS YOU REFER TO.
WE CONSTANTLY GET MAIL FROM HIGH SCHOOLS, ENVIRONMENTAL GROUPS,
COMMUNITY GROUPS, AND LOCAL GOVERNMENTAL ENTITIES.
I THINK THE BOOKLET IS MUCH MORE COMPREHENSIVE. THE POSTER ACTS AS A
STIMULANT FOR FURTHER DISCUSSION. THEN WE SEND THE BOOKLET ALSO.
SENATOR RANDOLPH. I DIDN'T READ THE BOOK EXCEPT TO RATHER CHEEK
THROUGH IT. IT SEEMED TO ME TO BE PRECISE IN ITS PRESENTATION. I CAN
UNDERSTAND ITS VALUE TO STUDENT GROUPS AND I HOPE YOU WILL MAKE EVERY
EFFORT TO PROVIDE IT WHERE YOU CAN.
DO NOT MISUNDERSTAND MY QUESTIONING AS CRITICAL, BUT I OFTTIMES FEEL
THAT GROUPS OF PEOPLE, UNION WORKERS, OR OTHER TYPES OF ORGANIZATIONS,
THEY CONFINE THEIR INFORMATION TO THEIR MEMBERS AND THAT IS NOT ENOUGH.
MR. MAZZOCCHI, ON A QUESTION OF THIS KIND, ON A PROBLEM THAT IS SO
MASSIVE IN BRINGING ABOUT AN UNDERSTANDING AND AWARENESS OF THE PEOPLE
AS TO THE DEPTH AND SCOPE OF THE PROBLEM THAT IS PRESENTED.
I ONLY MAKE THE SUGGESTION TO ALL OF OUR WITNESSES WHO REPRESENT
UNITS IN OUR SOCIETY, EITHER UNION OR MANAGEMENT ORGANIZATIONS, TO USE A
TRITE EXPRESSION, TO DO A SELLING JOB HERE. IT IS VERY, VERY NECESSARY
THAT WE HAVE THE KNOWLEDGE, AND IT IS KNOWLEDGE OF THE FACTS THAT MUST
CROSS A LARGE PORTION OF THE POPULATION IN THE AREA WHERE, LET US SAY,
YOUR UNION AT A PARTICULAR CITY IS LOCATED.
I THINK IT IS A TREMENDOUS OPPORTUNITY FOR YOU TO DO SOMETHING, NOT
ONLY TO HELP YOURSELVES, BUT THROUGH YOUR STUDY AND THE PREPARATION OF
SUCH MATERIAL, TO HELP OTHERS.
MR. MAZZOCCHI. I THINK YOU WILL FIND THAT. THERE HAS BEEN A WHOLE
GAMUT OF SPONSORING GROUPS, INCLUDING MANY LOCAL, CITY, AND STATE
AGENCIES. WE HAVE NEVER, I THINK, HELD--WELL, WE HELD A FEW
EDUCATIONALS FOR OUR UNION MEMBERS, BUT THE CONFERENCES THAT WE HAVE
HELD, HAVE BEEN BROAD. THEY HAVE BEEN JOINTLY SPONSORED BY COMMUNITY
GROUPS WITH WIDESPREAD PARTICIPATION.
THE ONES WE WILL BE SPONSORING FOR THE REMAINEDER OF THE YEAR WILL
HAVE VERY BROAD LOCAL SPONSORSHIP. YOUR REMARKS ARE WELL TAKEN. WE
PRECISELY ATTEMPT TO ACHIEVE THAT END INCLUDING AS MANY PEOPLE WHO ARE
CONCERNED AND EVEN THE UNCONCERNED, TO GET THEM CONCERNED.
SENATOR RANDOLPH. I COMMEND YOU FOR THAT ACTION. I AM NOT SPEAKING
FOR ANY SEGMENT OF OUR MEDIA, BUT I DO KNOW THAT THERE ARE THOSE
POLICYMAKERS, EDITORS, AND REPORTERS IN ALL PORTIONS OF THE MEDIA WHO
DON'T LOOK UPON THIS SORT OF INFORMATION GIVEN TO THEM AS JUST ANOTHER
HANDOUT. THEY ARE INTERESTED, INTENSELY INTERESTED IN TELLING THE STORY
OF THIS PROBLEM AND HOW ONE GROUP OF PERSONS LIVING IN THE COMMUNITY
WHERE THEIR NEWSPAPER, TELEVISION, OR RADIO STATION IS INVOLVED, MADE AN
EFFORT.
SO I WOULD ASK YOU TO FOLLOW THROUGH ON THE WORK THAT YOU ARE DOING
BECAUSE IT IS VERY, VERY WORTHWHILE THAT YOU CARRY THE CHALLENGE NOT
ONLY TO YOUR OWN MEMBERSHIP AND THEIR FAMILIES, BUT TO OTHERS.
NOW, I NOTE ON YOUR POSTER, MR. MAZZOCCHI, THAT YOU SAY WE ARE
GENERATING 3 1/2 BILLION TONS OF SOLID WASTE A YEAR. YOU INDICATE THAT
YOUR PUBLICATION WAS ISSUING INFORMATION THAT YOU BROUGHT TOGETHER AT
WHAT TIME?
MR. MAZZOCCHI. I THINK THE BOOKLET WAS PUT TOGERTHER ABOUT 1 1/2 OR
2 YEARS AGO.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 006 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107051
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
SENATOR RANDOLPH. THE INFORMATION THAT WE HAVE INDICATES THAT IN
1971, MR. MAZZOCCHI, THE GENERATION OF SOLID WASTE OF THIS COUNTRY
AMOUNTED TO 4 1/2 BILLION TONS. I AM NOT JUST TOSSING FIGURES OUT, BUT
I AM CERTAIN THAT IT IS OVER 5 BILLION TONS OF SOLID WASTE THAT WERE
GENERATED IN THE COUNTRY LAST YEAR. THE ONLY PURPOSE THAT I HAVE HERE
IS TO CALL ATTENTION, AS I HAVE BEFORE, TO THE MAGNITUDE OF THE PROBLEM.
YOU SPEAK IN YOUR STATEMENT SPECIFICALLY OF ONLY ONE BILL. I WONDER
IF YOU WILL TAKE A BROAD LOOK HERE TODAY AT THE MANY MEASURES BEFORE US
BECAUSE AS YOU HAVE SAID, YOU BELIEVE THE PANEL HAS AN OBLIGATION TO
REPORT A STRONG BILL. THOSE WERE YOUR WORDS--A STRONG BILL--THAT WAS
THE ESSENCE OF YOUR TESTIMONY. THAT IS THE WAY YOU DESIRE YOUR
STATEMENT TO BE CONSIDERED, IS THAT RIGHT?
MR. MAZZOCCHI. THAT IS CORRECT.
SENATOR RANDOLPH. IN YOUR STATEMENT YOU SAID, "FEDERAL EFFORT TO
CURB OPEN BURNING AND DUMPING HAVE BEEN EXTREMELY DISAPPOINTING. THE
U.S. ENVIRONMENTAL PROTECTION AGENCY HAS YET TO PROMULGATE ANY FINAL
GUIDELINES--NOT EVEN FOR LANDFILL OR INCINERATION--4 YEARS AFTER
ENACTMENT OF THE RESOURCE RECOVERY ACT OF 1970."
DO YOU WISH TO SAY MORE THAN YOU HAVE? WOULD YOU SAY WHY IN 4 YEARS'
TIME THE EPA APPARENTLY CAN'T GET AROUND TO SPEAKING ON THIS SUBJECT AS
YOU BELIEVE IT SHOULD?
MR. MAZZOCCHI. WELL, I DON'T WISH TO ATTEMPT TO SPEAK FOR THE EPA
AND WHY THEY DIDN'T MEET THIS PARTICULAR DEADLINE OR WHAT THE POLITICAL
CONSTRAINTS HAVE BEEN OR ECONOMIC CONSTRAINTS. I DO THINK WE HAVE TO
DEAL WITH WHAT IS, AND WHAT IS IS WHAT WE ARE POINTING OUT, THAT THERE
HAS BEEN SUFFICIENT TIME TO DEVELOP THESE GUIDELINES. THEY ARE
CERTAINLY NECESSARY BASED ON ALL THE THINGS WE KNOW AND IT HASN'T
HAPPENED.
WHAT WE ARE POINTING OUT TO THE PANEL IS THAT IS SHOULD HAPPEN. I
DON'T CARE TO GUESS AT THE SPECIFIC CAUSE FOR THE FAILURE TO PRODUCE THE
GUIDELINES.
SENATOR RANDOLPH. THE CHAIRMAN AGREES WITH YOU. I AM NOT ATTEMPTING
TO BE A CARPING CRITIC. I AM ONLY ATTENPTING TO HAVE YOU INDICATE, AS I
AM NOW INDICATING, THAT THE EPA HAS A JOB TO DO. IT SEEMS TO ME THAT
PERHAPS SOMETIMES THE EPA MAY HAVE GIVEN MORE STUDY DIRECTLY TO AIR AND
WATER POLLUTION AND FAILED TO REALIZE THE ENORMITY OF THE TASK UNDER THE
MASSIVE GENERATION OF SOLID WASTES THAT ARE IN THIS COUNTRY, IS THAT
CORRECT?
MR. MAZZOCCHI. THAT IS CORRECT. THERE HAS BEEN A GENERAL RETREAT ON
ENVIRONMENTAL MATTERS. THIS IS PART OF THE ADMINISTRATION'S
PHILOSOPHICAL THRUST. IT HAS BEEN REFLECTED BY SOME DRAGGING OF FEET IN
AREAS WHERE IT SHOULDN'T OCCUR. IT IS SPECULATIVE ON MY PART, BUT I
THINK AN IMPARTIAL OBSERVER, IF THERE IS SUCH A PERSON, COULD SEE THAT
THERE IS MORE TO BE DONE THAN HAS BEEN DONE. THERE HAS BEEN A
REDIRECTION OF PRIORITIES. WE THINK THIS SHOULD BE ADDRESSED BECAUSE IT
HAS SOME GRAVE IMPLICATIONS TO THE COMMUNITY AS A WHOLE.
SENATOR RANDOLPH. THANK YOU VERY MUCH.
SENATOR DOMENICI?
SENATOR DOMENICI. THANK YOU VERY MUCH. I WILL HOLD MOST OF MY
QUESTIONS UNTIL THE PANEL HAS TESTIFIED, BUT I DO HAVE A QUESTION.
YOU INDICATED THAT YOU CANNOT ACCEPT THE DIVISION ESTABLISHED IN THE
ADMINISTRATION'S BILL BETWEEN S. 1086 HAZARDOUS AND NONHAZARDOUS WASTE.
WOULD YOU ELABORATE A LITTLE MORE? I HAVE READ YOUR STATEMENT AND I
THINK I UNDERSTAND WHAT YOU ARE TRYING TO SAY.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 007 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107052
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
WHAT ARE YOU TRYING TO SAY ABOUT A DIFFERENT DEFINITION OR DIFFERENT
THRUST THAN THAT CONTAINED IN S. 1086?
MR. MAZZOCCHI. BOTH PROBLEMS SHOULD BE ADDRESSED IN THE SAME MANNER
WITH THE SAME EMPHASIS--THAT IT IS AN INSEPARABLE PROBLEM AND SHOULD BE
DEVELOPED, THE SOLUTION SHOULD BE DEVELOPED AS A SINGLE ENTITY RATHER
THAN GIVING ONE A HIGHER PRIORITY THAN ANOTHER. YOU CAN'T TALK ABOUT
ONE AND ACCOMPLISH ANYTHING WITHOUT DEALING WITH THE OTHER.
SENATOR DOMENICI. SURE. I DON'T KNOW IF YOU HAVE BEEN HERE FOR ANY
OF THE TESTIMONY----
MR. MAZZOCCHI. NO, I HAVEN'T.
SENATOR DOMENICI. A NUMBER OF WITNESSES HAVE INDICATED THAT THE
QUESTION OF HAZARDOUS WASTE OUGHT TO BE TREATED SPECIFICALLY AND
SEPARATELY. SOME HAVE SAID THERE OUGHT TO BE SEPARATE LEGISLATION.
WHEN PUSHED, I THINK MOST OF THEM WOULD SAY IT BELONGS IN THE SAME
FIELD, BUT IT HAS SPECIAL SIGNIFICANCE. ARE YOU SAYING THAT WHEN
APPLIED TO THE DISPOSAL OF SOLID WASTE, THAT THE LINE BETWEEN HAZARDOUS
AND NONHAZARDOUS MAY BECOME VERY CLOUDY AND WE HAVE TO CONSIDER THAT IN
A PACKAGE?
MR. MAZZOCCHI. YES, I THINK IT DOES BECOME CLOUDY AND ALSO WHAT WE
THINK TODAY IS NOT HAZARDOUS, TURNS OUT TOMORROW TO BE HAZARDOUS. THAT
HAS BEEN OUR EXPERIENCE WITH THE SUBSTANCES THAT WE DEAL WITH.
SUBSTANCES THAT WE THOUGHT INNOCUOUS.
YESTERDAY I WAS RESEARCHING POLYVINYL CHLORIDE, I FOUND THIS
STATEMENT WHERE THE PLASTICS ORGANIZATION IN 1970 SAID: POLYVINYL
CHLORIDE WAS NOT A PROBLEM. THERE WAS A GREAT TO-DO ABOUT POLYVINYL,
AND THEY SAID IT REALLY WASN'T A PROBLEM.
MAYBE THEY DIDN'T UNDERSTAND AT THE TIME THAT IT WAS A PROBLEM, BUT
IT IS OF GRAVE MOMENT.
WE KNOW THERE ARE SERIOUS CONSEQUENCES ASSOCIATED WITH VINYL CHLORIDE
AND POLYVINYL CHLORIDE. WE DON'T KNOW TO WHAT EXTENT. IT MAY TURN OUT
TOO THAT THE FABRICATED PRODUCT REQUIRES A GREAT DEAL OF ATTENTION IN
ITS DISPOSAL, WHETHER IT IS BURNED OR JUST REMAINS ON THE SURFACE OF THE
GROUND. YOU HAVE TO APPROACH THE WHOLE THING AS ONE PROBLEM BECAUSE OF
THE UNKNOWNS AND THE UNCERTAINTIES INVOLVED.
SENATOR DOMENICI. YOU WOULD CONCUR ALSO THAT ONE MEANS OF DISPOSAL
OF A COMPOSITION OF SOLID WASTE IN ONE AREA OF THE COUNTRY MIGHT NOT BE
HAZARDOUS, WHEREAS THE DISPOSITION OF THE SAME COMPOSITION IN ANOTHER
PART WOULD BE HAZARDOUS, IN THE WAY WE UNDERSTAND THE WORD, IN THAT IT
IS EXTREMELY DANGEROUS TO THE PEOPLE AND THE ENVIRONMENT?
MR. MAZZOCCHI. I THINK THAT IS CERTAINLY TRUE. DEPENDING ON WHERE
YOU PLACE SOMETHING, IT MAY HAVE A DELETERIOUS EFFECT ON WATER. IT MAY
BE PLACED SOMEWHERE ELSE AND IT DOESN'T HAVE THIS PARTICULAR EFFECT. WE
HAVE TO LOOK AT THESE SITES AND HOW THE DISPOSABLE ITEM WILL AFFECT THAT
PARTICULAR SITE. THERE ARE SO MANY FACTORS INVOLVED, I THINK YOU HAVE
TO LOOK AT IT SEPARATELY AND SEE THAT IT IS ONE PROPOSAL BEFORE YOU MAKE
A COMMENT ON IT.
SENATOR DOMENICI. WOULD YOU SUPPORT HAVING SPECIFIC LEGISLATION
DEFINING "HAZARD" WHICH MEANS "INHERENTLY HAZARDOUS IN ITS NATURE"
RATHER THAN "HAZARDOUS IN ITS DISPOSITION," AND THEN WITH REFERENCE TO
STATE PLANS FOR THE DISPOSITION OF SOLID WASTE, WE AT LEAST REQUIRE THAT
THE OTHER KIND OF HAZARD BE CONSIDERED IN THE STATEWIDE PLAN?
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 008 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107053
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
ONE WOULD REQUIRE A GAME PLAN FOR REUSE OR FOR DISPOSAL WHICH WOULD
TAKE INTO CONSIDERATION THE HAZARD OF DISPOSITION.
MR. MAZZOCCHI. MY SUPERFICIAL REACTION WOULD BE YES.
SENATOR DOMENICI. I DON'T SEE ANY OTHER WAY OF HANDLING IT UNLESS WE
HAVE A SERIES OF HAZARDOUS AND HAZARDOUS-UNDER-CERTAIN CONDITIONS WITHIN
THE HAZARDOUS SECTION WHICH MAY BECOME VERY DIFFICULT TO ADMINISTER, IT
SEEMS TO ME.
MR. MAZZOCCHI. I COULD NOT SPELL OUT THE MECHANICS OF IT. I WOULD
WANT TO LOOK AT IT AND STUDY IT. HOWEVER, WE DO KNOW BASED ON THE FACT
THAT WE DEAL WITH SO MANY ESOTERIC SUBSTANCES AT WHAT APPEARS TO BE
NONHAZARDOUS TURNS OUT TO BE EXTREMELY HAZARDOUS. IT DEPENDS ON WHAT
HAPPENS TO IT. YOU HAVE TO LOOK INTO ALL THE PROBLEMS IN THEIR
TOTALITY. IT MAY BE THAT ONE SHOULD NOT MANUFACTURE A PARTICULAR
ARTICLE, AND I THINK THAT HAS TO BE THE CONCERN OF A PANEL LIKE THIS.
YOU HAVE TO GO BACK TO THE SOURCE. WHAT PRECISELY WILL THIS SUBSTANCE
DO FROM THE TIME IT IS DEVELOPED UNTIL THE TIME IT IS DISPOSED OF? WHAT
ARE GOING TO BE ITS EFFECTS?
WHAT HAPPENS TO SOCIETY AND WHY ARE WE WHERE WE ARE AT?
FRANKLY, THERE IS AN ANARCHY THAT EXISTS IN PRODUCTING THINGS. YOU
ARE ABLE TO PRODUCE ANYTHING YOU WISH WITHOUT EVER HAVING TO ACCOUNT FOR
THE EFFECT IT WILL HAVE ON THE USER OR THE COMMUNITY AT LARGE. YOU CAN
LITERALLY AND FIGURATIVELY PRODUCE ANYTHING YOU WISH.
SENATOR RANDOLPH. WILL YOU TELL ME A LITTLE BIT MORE, THIS IS MY
LAST QUESTION. YOU WENT INTO SARAN WRAP, NOT IN GREAT DETAIL. HOW DOES
YOUR DISCUSSION OF SURAN WRAP FIT INTO WHAT YOU ARE TALKING ABOUT?
MR. MAZZOCCHI. OUR EARLIER EXPERIENCE WAS THE FACT THAT THE BURNING
OF IT LET OFF A LETHAL GAS, PHOSGENE, AND WHEN YOU BURN SARAN WRAP IN
INCINERATORS, YOU ARE ALSO RELEASING SOME LETHAL BYPRODUCTS. THERE
ISN'T A SEPARABILITY BETWEEN WORK PLACE SAFETY AND DISPOSAL OF WASTE
GENERALLY BECAUSE WE USUALLY BECOME AWARE OF SOME THE PROBLEMS IN THE
WORK PLACE THROUGH ACCIDENTS SUCH AS THIS. IF YOU BURN IT AND KILL
SOMEONE IN A FACTORY AND YOU BURN IT IN A LARGER VESSEL SO TO SPEAK,
BEING THE ENVIRONMENT, SOMEONE IS GOING TO BE DAMAGED, MAYBE NOT TO THE
EXTENT THAT THAT PARTICULAR WORKER IS DAMAGED BECAUSE HE GOT AN INTENSE
DOSE, BUT WE ARE LEARNING MORE ABOUT LONG-RANGE HEALTH EFFECTS FROM THE
CUMULATIVE EXPOSURE TO MANY OF THESE PROJECTS.
IN VIEW OF THE FACT THAT PEOPLE HAVE BEEN KILLED BY THE BURNING OF
THESE PRODUCTS, WE SHOULD TAKE A CLOSE LOOK AT WHAT HAPPENS WHEN WE BURN
SOMETHING LIKE SARAN WRAP.
SENATOR DOMENICI. YOU ARE SUGGESTING THAT THE PROBLEM IS NOT SOLVED
BY MERELY SOLVING THE HEALTH PROBLEM IN PLANT, BUT WE OUGHT TO CONSIDER
WHAT IS OUR ROLE WITH REFERENCE TO WHAT HAPPENS TO THAT PRODUCT IN THE
SOLID WASTE STREAM?
MR. MAZZOCCHI. SOMETIMES THE PROBLEM IS SOLVED IN THE COMMUNITY AND
NOT IN THE PLANT AND AGAIN SOMETIMES IN THE PLANT AND NOT THE COMMUNITY.
THEY ARE TOTALLY INSEPARABLE.
SENATOR DOMENICI. THANK YOU, MR. CHAIRMAN.
SENATOR RANDOLPH. HOW MANY WORKERS IN OCAW?
MR. MAZZOCCHI. 180,000.
SENATOR RANDOLPH. I THINK YOU CAN HAVE A TREMENDOUS IMPACT WITH AT
LEAST 300,000 OR 400,000 PERSONS WHEN YOU THINK OF THE WORKERS AND THEIR
FAMILIES AND THE CONTACTS MADE THROUGH THEM.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 009 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107054
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
I WANT TO GO BACK TO THE STATEMENT MADE IN THE BEGINNING. THERE IS
NOT ONLY THE OPPORTUNITY, BUT YOU WANT TO SHARE, A COMMITMENT TO HELP
THE AMERICAN PEOPLE UNDERSTAND THE ENORMOUS PROBLEM WE HAVE. THERE IS
AN ATTEMPT TO REALISTICALLY ASSESS AND SOLVE IT AS QUICKLY AS POSSIBLE:
IS THAT CORRECT?
MR. MAZZOCCHI. YES SIR, WE ACCEPT THAT RESPONSIBILITY.
SENATOR RANDOLPH. THANK YOU VERY MUCH.
(THE PAMPHLET SUPPLIED BY MR. MAZZOCCHI FOLLOWS:).
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 010 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107055
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
BY GAIL ALLISON STEVE MOOSER PATRICIA TAYLOR
AN OCAW SOLID WASTE EDUCATIONAL PROGRAM PUBLICATION
AUGUST, 1973
TITLE PAGE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 011 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107056
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
EVERYONE IS AWARE AT LEAST VISUALLY OF THE SOLID WASTE PROBLEM. WE
SEE IT EVERYWHERE: CITY STREETS ARE LINED WITH PAPERS, BOTTLES AND
CANS, AND JUNKYARDS ARE FILLED WITH ABANDONED AUTOMOBILES, BROKEN
TELEVISION SETS AND INNUMERABLE DISCARDED PRODUCTS. THIS IS DESPITE THE
FACT THAT WE ARE ALREADY SPENDING $6 BILLION OF OUR TAX DOLLARS ANNUALLY
ON SOLID WASTE COLLECTION AND DISPOSAL.
HOWEVER, THE PROBLEM IS GETTING EVEN WORSE. THE AMOUNT OF SOLID
WASTE IS INCREASING THREE TIMES FASTER THAN OUR POPULATION. EACH MAN,
WOMAN AND CHILD PRODUCES AT LEAST THREE POUNDS OF WASTE PER DAY. OUR
WASTE MANAGEMENT SYSTEMS ARE SIMPLY TOO OLD AND INEFFICIENT TO COPE WITH
THE PRESENT VOLUME OF WASTES GENERATED, MUCH LESS THE PREDICTED INCREASE
IN WASTE GENERATION.
CONSEQUENTLY, MANY LOCALITIES FACE SERIOUS DISPOSAL PROBLEMS. WITHIN
A YEAR, NEW YORK CITY IS EXPECTED TO RUN OUT OF DISPOSAL SPACE. MANY
SMALL COMMUNITIES FACE ADDITIONAL SOLID WASTE PROBLEMS BECAUSE THEIR
PRESENT DISPOSAL METHODS ARE HAZARDOUS TO HEALTH AND DETRIMENTAL TO THE
ENVIRONMENT. THESE CONDITIONS VIOLATE MANY NEW FEDERAL, STATE AND LOCAL
STANDARDS. AT THE SAME TIME, COLLECTION COSTS ARE ALSO RISING.
AS EVIDENT AS THE SOLID WASTE WE DISCARD IS, IT IS ONLY PART OF THE
PROBLEM. MUNICIPAL WASTES ACCOUNT FOR ONLY 5 PERCENT OF THE ESTIMATED
3.5 BILLION TONS OF WASTES GENERATED IN THE UNITED STATES ANNUALLY.
AGRICULTURAL AND MINING WASTES COMPOSE ABOUT 90 PERCENT OF THE TOTAL.
IN THE PAST FEW YEARS MANY AMERICANS HAVE BEGUN TO SERIOUSLY QUESTION
SOME OF OUR PATTERNS OF PRODUCTION AND CONSUMPTION WHICH USE GREAT
QUANTITIES OF OUR NATURAL RESOURCES AND CONTRIBUTE TO OUR SOLID WASTE
DILEMMA. AS AN EXPRESSION OF THIS CONCERN AND TO ACTIVELY SEEK
SOLUTIONS TO ENVIRONMENTAL PROBLEMS, MANY INDIVIDUALS AROUND THE COUNTRY
ARE PARTICIPATING IN CITIZEN RECYCLING CENTERS. THEY ARE BRINGING IN
CANS, BOTTLES AND NEWSPAPERS FROM HOME FOR RECYCLING RATHER THAN HAVING
THEM PICKED UP BY THE TRASH COLLECTOR FOR EVENTUAL DISPOSAL. IN SOME
CITIES, RECYCLING IS BEING TRIED ON A MUNICIPAL SCALE. FOR EXAMPLE,
CURBSIDE PICK-UPS OF NEWSPAPERS HAVE BEEN INSTITUTED WITH A GREAT DEAL
OF SUCCESS. THE ESTABLISHMENT OF A RESOURCE RECOVERY SYSTEM IN
FRANKLIN, OHIO, IS ONE OF THE FIRST LARGE-SCALE ATTEMPTS TO UTILIZE
VALUABLE PARTS OF OUR REFUSE WHILE REDUCING THE AMOUNT OF WASTE TO BE
DISPOSED.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 012 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107057
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
RECYCLING AND RESOURCE RECOVERY ARE WAYS OF SLOWING DOWN THE PRESENT
RAPID DEPLETION OF OUR NATURAL RESOURCES. IT HAS BEEN ESTIMATED THAT
ABOUT 5 PERCENT OF THE NATION'S YEARLY MATERIAL REQUIREMENTS COULD BE
MET BY USING THE METALS, PAPERS AND OTHER SECONDARY MATERIALS WE NOW
THROW AWAY. RECYCLING AND RESOURCE RECOVERY UTILIZE WASTES ONCE THEY
HAVE BEEN PRODUCED, CONSUMED AND DISCARDED. SOURCE REDUCTION (CUTTING
DOWN THE AMOUNTS OF WASTE PRODUCED IN THE FIRST PLACE) IS ANOTHER WAY OF
DEALING WITH THE SOLID WASTE PROBLEM. ITEMS THAT ARE DIFFICULT TO
DISPOSE OF, OVER-PACKAGED GOODS AND NON-DURABLE GOODS ALL CREATE
UNNECESSARY COLLECTION AND DISPOSAL PROBLEMS. FOR EXAMPLE, OUR PER
CAPITA CONSUMPTION OF PACKAGING HAS RISEN 33 PERCENT (404 LBS. IN 1958
TO 577 LBS. IN 1970) SINCE 1958. IF THIS RAPID INCREASE IN THE
CONSUMPTION OF MATERIALS SUCH AS PACKAGING COULD BE CUT BACK, OR EVEN
STABILIZED, MANY OF THE PROBLEMS OF COLLECTION AND DISPOSAL WOULD BE
LESSENED.
PICTURE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 013 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107058
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
COLLECTION.
EVERY YEAR, 6 BILLION DOLLARS ARE SPENT ON SOLID WASTE MANAGEMENT.
OF THIS, APPROXIMATELY 75 PERCENT GOES TO COVER COLLECTION COSTS ALONE.
ALTHROUGH LARGE SUMS OF MONEY ARE INVOLVED, COLLECTION SYSTEMS HAVE
TENDED TO BE INEFFICIENT. AND SO LONG AS THE GARBAGE HAS BEEN COLLECTED
WITHOUT TOO MUCH LITTER AND EXPENSE, CITIZEN INTEREST AND CONCERN HAS
NOT BEEN VERY GREAT.
SANITATION WORKERS
THE COLLECTION OF REFUSE IS A "LABOR-INTENSIVE" OPERATION IN WHICH
THERE HAS BEEN LITTLE AUTOMATION SO FAR. SLIGHTLY LESS THAN HALF THE
SKILLED (DRIVERS AND TRANSFER STATION WORKERS) AND UNSKILLED
(COLLECTORS) LABORERS WORK FOR PUBLIC AGENCIES WHILE THE MAJORITY WORK
FOR PRIVATE DISPOSAL COMPANIES.
WHETHER PUBLIC OR PRIVATE, SANITATION WORK IS HARD, DANGEROUS AND
UNPLEASANT BECAUSE IT INVOLVES SERIOUS HEALTH AND SAFETY PROBLEMS.
SANITATION WORK IS NINE TIMES MORE HAZARDOUS THAN THE AVERAGE INDUSTRIAL
OCCUPATION, AND SECOND ONLY TO LOGGING IN THE LIKELIHOOD OF INJURY.
MUSCLE STRAINS, BACK INJURIES, CUTS AND CONTUSIONS ARE AMONG THE MOST
COMMON INJURIES. SKIN DISEASE AND A HOST OF OTHER COMMUNICABLE DISEASES
ARE ALSO FREQUENT OCCUPATIONAL HAZARDS IN SANITATION WORK. THE LACK OF
A SAFE WORKPLACE ENVIRONMENT NOT ONLY INFLICTS PAIN AND SUFFERING ON THE
WORKERS, BUT PLACES A FINANCIAL BURDEN ON SOCIETY AS WELL. ONE STUDY
INDICATED THAT THE DIRECT AND INDIRECT COSTS OF INJURIES MAY AMOUNT TO
AS MUCH AS 25 PERCENT OF ALL LABOR COSTS. HEALTH AND SAFETY ISSUES WERE
PROMINENT IN RECENT SANITATION WORKERS' STRIKES IN NEW YORK CITY, DES
MOINES, IOWA, WASHINGTON, D.C. AND SEVERAL OTHER CITIES.
PICTURE OMITTED.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 014 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107059
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THESE FACTORS COMBINED WITH THE LOW STATUS OF GARBAGE COLLECTION HELP
CREATE AN ANNUAL TURNOVER RATE OF OVER 40 PERCENT AMONG THE UNSKILL
LABORERS IN THE SANITATION WORK FIELD
DESPITE RECENT IMPROVEMENT, WAGES AND BENEFITS HAVE TRADITIONALLY
BEEN LOW. IN 1969, THE AVERAGE WEEKLY WAGE FOR UNSKILLED SANITATION
WORKERS WAS $111.
FOR SKILLED LABORERS THE AVERAGE WAS $142 PER WEEK. UNIONS HAVE BEEN
RESPONSIBLE FOR MUCH OF THE PROGRESS THAT HAS BEEN MADE ON WAGES. BUT
WHILE UNIONIZED WORKERS HAVE CONSISTENTLY WON BETTER CONTRACTS, ABOUT 52
PERCENT OF THE PUBLIC WORKERS AND 64 PERCENT OF THE PRIVATE WORKERS ARE
UNORGANIZED. IN FACT, IN RECENT YEARS BITTER STRIKES HAVE BEEN WAGED
FOR THE RIGHT OF WORKERS TO ORGANIZE AND BARGAIN COLLECTIVELY.
NEW COLLECTION TECHNIQUES
NEW SYSTEMS OF REFUSE COLLECTION ARE BEING TESTED. PIPELINE
COLLECTION OF REFUSE IS ONE SUCH METHOD. TRASH IS DROPPED IN A CHUTE
AND WHISKED AT HIGH SPEED THROUGH UNDERGROUND PIPES TO AN INCINERATOR.
THE HEAT GENERATED THERE CAN BE USED TO PRODUCE HOT WATER AND HEATING
FOR A BUILDING COMPLEX. THIS SYSTEM HAS BEEN IMPLEMENTED IN SEVERAL
HOSPITALS AND APARTMENT COMPLEXES IN THIS COUNTRY.
AS PART OF CERTAIN PLANNING, DEMONSTRATION, TRAINING GRANTS AND
TECHNICAL ASSISTANCE PROGRAMS, THE U.S. ENVIRONMENTAL PROTECTION AGENCY
(EPA) HAS HELPED SOME COMMUNITIES GET OUTSIDE EVALUATIONS OF THEIR
COLLECTION SYSTEMS. AS A RESULT, THESE LOCALITIES HAVE BEEN ABLE TO
MAKE CHANGES IN PICK-UP, ROUTING, EQUIPMENT, ETC., WHICH HAVE SAVED AS
MUCH AS 58 PERCENT ON COLLECTION COSTS. THE QUALITY OF COLLECTION
SERVICE HAS OFTEN BEEN IMPROVED, WHILE THE COST HAS BEEN REDUCED.
OTHER CHANGES IN COLLECTION ARE BEING TESTED. THEY INCLUDE SUCH
THINGS AS MORE MECHANIZED COLLECTION TRUCKS, DIFFERENT PICK-UP SCHEDULES
AND PROCEDURES, AND LIGHTWEIGHT COLLECTION CONTAINERS.
IF MORE MECHANIZED MEANS OF COLLECTION ARE PROPOSED IN OUR
COMMUNITIES, WE MUST INSIST THAT ADEQUATE COMPENSATION AND/OR
REEMPLOYMENT ARE PROVIDED FOR ALL WORKERS WHO ARE DISPLACED. THE COST
OF THIS COMPENSATION AND RETRAINING MUST BE CONSIDERED AS PART OF THE
TOTAL COST OF IMPLEMENTING ANY NEW PLAN. IT SHOULD NOT BE DONE AS AN
AFTERTHOUGHT--AFTER WORKERS HAVE ALREADY BEEN LAID OFF.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 015 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107060
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
WASTE DISPOSAL
INEFFICIENT AND COSTLY COLLECTION SYSTEMS ARE ONE PART OF THE SOLID
WASTE PROBLEM. ANOTHER IS WASTE DISPOSAL. BECAUSE THE VOLUME OF SOLID
WASTE GENERATED IN THE U.S. EACH YEAR IS RAPIDLY RISING, DISPOSING OF
WASTE IN A SANITARY MANNER HAS BECOME INCREASINGLY DIFFICULT. THERE ARE
TWO PRIMARY MEANS OF WASTE DISPOSAL--DUMPS AND SANITARY LANDFILLS.
DUMPS
UNFORTUNATELY, THE MOST PREVALENT MEANS OF WASTE DISPOSAL IS THE OPEN
DUMP, PRESENTLY EMPLOYED BY OVER 14,000 MUNICIPALITIES. ALTHOUGH
INEXPENSIVE TO OPERATE, DUMPS CAN CAUSE MAJOR POLLUTION PROBLEMS.
ALTHOUGH OPEN BURNING AT DUMPS IS A CHEAP WAY TO DISPOSE OF WASTES,
SMOKE, VERMIN, AND POLLUTION MAKE THE DUMP HAZARDOUS AND UNACCEPTABLE.
(PHOTO CURTESY OF U.S. EPA)
PICTURE OMITTED
RAINWATER TRICKLING THROUGH DUMPS FREQUENTLY CONTAMINATES UNDERLYING
GROUNDWATER. FIRES WHICH CONTRIBUTE TO AIR POLLUTION PRESENT PROBLEMS
WHETHER THEY ARE SET ON PURPOSE TO CONTROL VERMIN AND REDUCE WASTE
VOLUME, OR IF THEY SIMPLY OCCUR BY ACCIDENT. IN ADDITION, DUMPS ARE
EYESORES WHICH CAN LOWER NEIGHBORING PROPERTY VALUES AND WHICH CAN BE
BREEDING GROUNDS FOR RATS AND DISEASE.
SANITARY LANDFILLS
SANITARY LANDFILLS, IF PROPERLY MAINTAINED, ARE AN ENVIRONMENTALLY
AND ECONOMICALLY VIABLE MEANS OF DISPOSAL. BASICALLY, SANITARY
LANDFILLING IS AN ENGINEERED METHOD OF DISPOSAL THAT CONSISTS OF
SPREADING THE WASTE IN THIN LAYERS AND COMPACTING IT TO THE SMALLEST
PRACTICAL VOLUME INTO SPECIALLY EXCAVATED GROUND.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 016 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107061
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
DAILY, THE WASTE IS COVERED WITH SIX INCHES OF SOIL AND THEN
COMPACTED AGAIN. IT IS IMPORTANT TO DISTINGUISH BETWEEN A DUMP AND A
SANITARY LANDFILL.
IF A SANITARY LANDFILL IS OPERATED PROPERLY, ALL OF THE HAZARDS OF
OPEN DUMPING ARE AVOIDED. UNFORTUNATELY, MANY SITES BEARING THE LABEL
OF SANITARY LANDFILL ARE NOTHING MORE THAN OPEN DUMPS.
A SANITARY LANDFILL IN OPERATION. (PHOTO COURTESY OF U.S. EPA)
PICTURE OMITTED
A SANITARY LANDFILL CAN BE PUT INTO OPERATION QUICKLY, WILL TAKE MOST
TYPES OF WASTE AND IS SUITABLE FOR BOTH LARGE AND SMALL COMMUNITIES.
THE POSSIBLE DISADVAVNTAGES OF LANDFILLS CAN BE CONTROLLED BY PROPER
ENGINEERING SAFEGUARDS. THE PRIMARY DRAWBACK TO THE LANDFILL IS THE
LACK OF SUITABLE SITES DUE TO THE SHORTAGE OF OPEN LAND IN LARGE
METROPOLITAN AREAS. TO MERIT THE INITIAL INVESTMENT, A PROSPECTIVE SITE
SHOULD BE LARGE ENOUGH TO ACCOMMODATE A COMMUNITY FOR A MINIMUM PERIOD
OF 10 OR 20 YEARS. TO SERVE A POPULATION OF 100,000 FOR 15 YEARS AN
ENGINEER NEEDS TO FIND A 155 ACRE SITE. IF A LANDFILL SITE IS LOCATED
SOME DISTANCE FROM A CITY, HIGH TRANSPORTATION COSTS ARE ADDED TO THE
PRICE OF DISPOSAL.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 017 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107062
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
AFTER A LANDFILL IS COMPLETED, THE SPACE CAN BE USED FOR PARKS AND
RECREATIONAL FACILITIES AS WELL AS FOR LIGHT INDUSTRY.
BY PROVIDING A COVER OF EARTH, SANITARY LANDFILLS AVOID MANY OF THE
HEALTH HAZARDS OF AN OPEN DUMP. (COURTESY OF ILLINOIS EPA)
DIAGRAMS OMITTED
SOLID WASTE PROCESSING
MANY LOCALITIES EMPLOY SOLID WASTE PROCESSING TECHNIQUES TO REDUCE
THE VOLUME OF WASTE AND THEREFORE CONSERVE VALUABLE DISPOSAL SPACE.
INCINERATION, ONE MEANS OF REDUCING THE VOLUME OF WASTE, USUALLY
ACHIEVES A REDUCTION RATE OF 85 PERCENT. HOWEVER, INCINERATORS ARE
EXPENSIVE TO CONSTRUCT, MAINTAIN AND OPERATE. AN INCINERATOR SERVING A
COMMUNITY OF 100,000 PERSONS COSTS FROM $2.5 TO $6 MILLION TO CONSTRUCT
DEPENDING ON THE TYPE OF EQUIPMENT USED. UNLESS PROPERLY DESIGNED THEY
CAN CAUSE EXTENSIVE AIR POLLUTION.
IN FACT, RESEARCH HAS SHOWN THAT AT PRESENT, 70 PERCENT OF ALL
OPERATING INCINERATORS DO NOT HAVE ADEQUATE AIR AND WATER POLLUTION
CONTROL DEVICES AND CANNOT MEET STRINGENT AIR QUALITY STANDARDS.
TWO OTHER METHODS OF SIZE REDUCTION ARE GRINDING AND BALING.
ALTHOUGH THE USE OF BALING AND GRINDING EQUIPMENT ADDS TO THE COST OF
DISPOSAL, THESE PROCESSES IMPROVE THE OPERATION OF A SANITARY LANDFILL
CONSIDERABLY. WASTES THAT ENTER THE LANDFILL AFTER GRINDING ARE LESS
ATTRACTIVE TO VERMIN AND FLIES, COMPACT BETTER, BURN LESS READILY AND
CAN EASILY SPREAD EVENLY OVER THE LANDFILL SITE. BALING IS THE
COMPACTING OF WASTES BY MACHINE INTO UNIFORM BLOCKS. SINCE THE WASTE IS
CONSIDERABLY REDUCED IN VOLUME, THE COST OF TRANSPORTING THE WASTE TO
THE LANDFILL IS CUT DOWN. BALED WASTE AT THE LANDFILL SITE IS EASIER TO
HANDLE.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 018 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107063
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
POLICIES AFFECTING THE RECLAMATION OF WASTE
ALTHOUGH LANDFILLS HAVE PROVIDED A SANITARY MEANS FOR WASTE DISPOSAL,
THEIR USE HAS NOT ENCOURAGED THE RECLAIMATION AND RECYCLING OF WASTE
MATERIALS. OTHER EXISTING ECONOMIC FACTORS HAVE ALSO TENDED TO
DISCOURAGE THE RECLAMATION OF WASTE.
WHEN VIRGIN MATERIALS WERE AVAILABLE IN ABUNDANCE, WITH NO SIGN OF
RUNNING OUT, THERE WAS NO APPARENT REASON TO PROMOTE THE USE OF
SECONDARY MATERIALS. GOVERNMENTAL POLICIES WERE AIMED AT ENCOURAGING
INDUSTRY TO LOCATE AND DEVELOP NATURAL RESOURCES. AS A RESULT, POLICIES
DESIGNED TO ASSIST THE VIRGIN MATERIALS INDUSTRY OFTEN DISCRIMINATED
AGAINST THE SECONDARY MATERIALS INDUSTRY.
TO ENCOURAGE THE RECYCLING OF MATERIALS, A MARKET MUST EXIST FOR
RECOVERED GOODS. HOWEVER, AT PRESENT, NATIONAL POLICIES OFTEN HAVE THE
EFFECT OF MAKING PRICES LOWER FOR USING NEW MATERIALS THAN FOR USING
RECOVERED ONES, THUS MAKING EFFECTIVE COMPETITION FROM THE SECONDARY
MATERIALS INDUSTRY IMPOSSIBLE.
THESE DISCRIMINATORY POLICIES INCLUDE SPECIAL TAX TREATMENT FOR
INDUSTRIES WHICH DISCOVER AND PROCESS VIRGIN MATERIALS, AND LOWER
RAILROAD AND STEAMSHIP RATES.
TAX POLICIES
SPECIAL TAX TREATMENT IS AVAILABLE TO THE TIMBER, OIL, COAL AND OTHER
EXTRACTIVE INDUSTRIES. (EXTRACTIVE INDUSTRIES ARE THOSE WHICH TAKE
MATERIALS, SUCH AS MINERALS, OUT OF THE GROUND.) SINCE THE PASSAGE OF
THE REVENUE ACT OF 1943, THE TIMBER AND PAPER INDUSTRIES HAVE BENEFITED
FROM SPECIAL TAX BREAKS CALLED CAPITAL GAINS WRITE-OFFS. CAPITAL GAINS
TREATMENT ALLOWS INCOME FROM A SOURCE OWNED MORE THAN SIX MONTHS TO BE
TAXED AT A LOWER RATE. THEREFORE THE TIMBER INDUSTRY IS TAXED AT A
CAPITOL GAINS RATE OF 30 PERCENT RATHER THAN THE ORDINARY CORPORATE RATE
OF 48 PERCENT.
THE POLICY WAS DESIGNED TO ACCOMPLISH TWO THINGS: TO ENSURE A
CONTINUOUS SUPPLY OF DOMESTIC TIMBER AND TO PROMOTE GOOD CONSERVATION
TECHNIQUES. HOWEVER, SUBSIDIES ARE AVAILABLE TO COMPANIES WHETHER OR
NOT GOOD CONSERVATION TECHNIQUES ARE USED. THE LEGISLATION WAS AIMED AT
AIDING FARMERS AND SMALL TIMER COMPANIES, BUT THE PRIMARY BENEFICIARIES
OF THE TAX BREAKS TODAY ARE THE LARGE PAPER, LUMBER, PLYWOOD, PULP AND
PAPER COMPANIES. IN 1971, SUBSIDIES TO THE TIMBER INDUSTRY TOTALLED
$130 MILLION, MOST OF WHICH WENT TO THE LARGEST COMPANIES.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 019 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107064
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
THE MINERAL INDUSTRY RECEIVES A TAX BREAK KNOWN AS A DEPLETION
ALLOWANCE. DEPLETION ALLOWANCES PROVIDE COMPENSATION TO INDUSTRY
BECAUSE AS MORE MINERALS ARE TAKEN FROM THE GROUND, THE OVERALL SUPPLY
IS "DEPLETED," REDUCING THE RESOURCES OF THE INDUSTRY. ALL EXPLORING
AND DEVELOPMENT COSTS INVOLVED IN MINERAL PRODUCTION RECEIVE SPECIAL TAX
TREATMENT. IN 1969, TREASURY DEPARTMENT FIGURES SHOWED THAT WHILE MOST
MANUFACTURING INDUSTRIES INCLUDING THE RECYCLING INDUSTRY HAD A TAX RATE
OF ABOUT 43.3 PERCENT, THE EXTRACTIVE INDUSTRIES ENJOYED THE LOWER RATE
OF 24.3 PERCENT.
TAX SUBSIDIES FOR VIRGIN MATERIALS INDUSTRIES (IN MILLIONS OF
DOLLARS) FROM: THE ECONOMICS OF FEDERAL SUBSIDY PROGRAMS
TABLE OMITTED
INDUSTRY REPRESENTATIVES ARGUE THAT DEPLETION ALLOWANCES ARE
JUSTIFIABLE BECAUSE MINERAL EXPLORATION INVOLVES A HIGH RISK SINCE THE
COSTS OF DISCOVERY ARE GREAT AND ARE NOT INCLUDED IN THE MARKET PRICE OF
THE MINERAL. SPECIAL ALLOWANCES ARE NEEDED TO ENCOURAGE DEVELOPMENT,
THEY CONTEND. CRITICS ARGUE THAT OTHER INDUSTRIES ALSO INVOLVE HIGH
RISKS BUT ARE NOT SUBSIDIZED AND THAT GENEROUS TAX BREAKS TO USERS OF
RAW MATERIALS PROMOTE THE FURTHER USE OF NEW RESOURCES WITHOUT CONCERN
FOR RESOURCE CONSERVATION OR REUSE.
TRANSPORTATION RATES
MANY INDUSTRIES RELY ON RAILROAD OR STEAMSHIP TRANSPORTATION TO CARRY
PRODUCTS TO THE BUYER. CURRENTLY, TRANSPORTATION RATES ARE SET HIGHER
FOR SECONDARY THAN FOR VIRGIN MATERIALS. FOR EXAMPLE, THE PRESENT
SHIPPING RATE FOR SCRAP IRON IS 2 1/2 TIMES THE RATE FOR SHIPPING IRON
ORE. ACCORDING TO THE INTERSTATE COMMERCE COMMISSION (ICC), FREIGHT
RATES ARE DETERMINED BY THE DISTANCE TRANSPORTED, THE VALUE OF THE
COMMODITY AND THE SPECIAL HANDLING PROBLEMS INVOLVED.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 020 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107065
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
BUT RESEARCH CONDUCTED BY THE INSTITUTE FOR SCRAP IRON AND STEEL,
REPRESENTATIVE OF SOME OF THE SECONDARY INDUSTRIES, SHOWED THAT USING
THE CRITERIA FOR RATE DETERMINATION SET BY BY THE ICC, SCRAP IRON SHOULD
BE SHIPPED AT RATES ONLY 1 1/2 TIMES GREATER THAN THOSE FOR VIRGIN ORE.
SUCH DISCRIMINATORY FEDERAL POLICIES HAVE IMPEDED THE GROWTH OF RESOURCE
RECOVERY.
MATERIALS RECOVERY
ONCE REFUSE IS COLLECTED, THERE HAS TO BE SOME SORT OF SEPARATION
PROCESS TO PICK OUT THE USABLE AND SALABLE PORTIONS FOR RESALE. THERE
CAN BE, FOR INSTANCE, THE MAGNETIC SEPARATION OF STEEL. THIS CAN TAKE
PLACE AT A LANDFILL, INCINERATOR OR VIRTUALLY ANY CONVENIENT LOCATION
BEFORE THE REFUSE IS PROCESSED.
AFTER THE METAL HAS BEEN PROCESSED, ALL REMAINING REFUSE IS DISPOSED
OF.
SEPARATION CAN BECOME MUCH MORE COMPLEX THAN THIS, ENCOMPASSING MANY
DIFFERENT MATERIALS AND USING VARIOUS PROCESSES. THE BLACK CLAWSON CO.
IN FRANKLIN, OHIO, MENTIONED EARLIER, IS PRESENTLY DEMONSTRATING A
FACILITY WHICH SEPARATES ALUMINUM, STEEL, COLOR-SORTED GLASS AND PAPER
FROM OTHER REFUSE. AS SOME MATERIALS ARE HANDLED, HOWEVER, MIXED
TOGETHER AND PROCESSED, THEIR VALUE DECLINES. NEWSPAPERS, WHEN
COLLECTED AT CURBSIDE CAN BE SOLD AT AS HIGH A PRICE AS NEWSPRINT,
HOWEVER, WHEN MIXED TOGETHER, THEY MUST BE SOLD AT A LOWER PRICE, AS
DONE AT THE FRANKLIN PLANT WHERE PAPERS ARE SOLD FOR ROOFING MATERIALS.
MATERIALS CAN ALSO BE RECLAIMED AFTER PROCESSING, SUCH AS THE SORTING
OF INCINERATOR RESIDUE FOR METALS. AFTER WASTES ARE INCINERATED, THE
METALS AND GLASS ARE SEPARATED FOR RESALE AND THE REMAINER DISPOSED OF,
USUALLY IN A LANDFILL. THIS IS PRESENTLY UNDERWAY AT CHICAGO'S
NORTHWEST INCINERATOR. THE BUREAU OF MINES HAS BEEN DEVELOPING MUCH OF
THE TECHNOLOGY FOR MATERIAL RECOVERY FROM INCINERATOR RESIDUE. AN
INCINERATOR TO BE BUILT IN LOWELL, MASSACHUSETTS, WILL UTILIZE MUCH OF
THIS TECHNOLOGY TO RECOVER METALS, GLASS AND STEEL.
MATERIALS RECOVERY PROGRAMS ARE DEPENDENT ON THE AVAILABILITY OF
MARKETS FOR THE MATERIALS RECOVERED. EVEN IF A CITY IS CAPABLE OF
RECOVERING 100 TONS OF STEEL EACH WEEK, IT MAKES NO SENSE TO DO SO
UNLESS THERE IS AN OUTLET FOR THE RECOVERED MATERIALS.
COMPOSTING
COMPOSTING OF WASTES IS AN OUTGROWTH OF AGRICULTURAL TECHNIQUES USED
TO DECOMPOSE WASTES FOR USE AS FERTILIZER ON FARMLANDS.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 021 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107066
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
ALTHOUGH THE BASIC PROCESS OF WASTE DECOMPOSITION REMAINS THE
ESSENTIAL INGREDIENT, COMPOSTING OF MUNICIPAL REFUSE HAS EVOLVED AS A
MEANS OF PRODUCTING COMPOST IN LARGE QUANTITICS UNDER HIGHLY CONTROLLED
CONDITIONS.
IN AN EPA DEMONSTRATION GRANT, THE STATE OF DELAWARE AND THE HERCULES
CO. ARE BUILDING A PLANT WHICH WILL SEPARATE COMPOSTABLES FROM
NON-COMPOSTABLES. THE COMPOST WILL BE SOLD TO MUSHROOM FARMERS IN THE
AREA. THE CHIEF PROBLEM THAT HAS ARISEN IN PREVIOUS U.S. COMPOSTING
OPERATIONS IS THE INABILITY TO FIND STABLE MARKETS FOR THE COMPOST. IN
ADDITION, THERE HAS BEEN NITROGEN CONTAMINATION IN SOME COMPOST
PRODUCED. THESE PROBLEMS HAVE MINIMIZED THE USE OF COMPOSTING IN THE
U.S.
ENERGY RECOVERY
NOT ONLY CAN MATERIALS BE RECOVERED FROM SOLID WASTE, BUT THERE IS
POTENTIAL FOR CREATING VALUABLE RESOURCES. MANY PEOPLE HAVE BEEN
EXPLORING THE POSSIBILITY OF CONVERTING MUNICIPAL SOLID WASTE INTO
USEFUL ENERGY. EPA HAS SPONSORED SEVERAL DEMONSTRATION PROJECTS IN
ENERGY RECOVERY.
ONE PROJECT, CARRIED OUT IN CONJUNCTION WITH THE UNION ELECTRIC CO.
AND THE CITY OF ST. LOUIS, USES REFUSE TO GENERATE ELECTRICITY.
SHREDDED MUNICIPAL WASTE IS BURNED ALONG WITH COAL TO FUEL ELECTRIC
POWER PLANT BOILERS. AT PRESENT THE SYSTEM IS ABLE TO HANDLE ABOUT 300
TONS OF WASTE A DAY, OR ABOUT THE AMOUNT OF WASTE GENERATED BY 170,000
PEOPLE. THEY SOON HOPE TO BE ABLE TO HANDLE 30 PERCENT OF ALL SOLID
WASTE COLLECTED BY CITY TRUCKS.
OTHER POWER PLANTS AROUND THE COUNTRY ARE LOOKING INTO THE
POSSIBILITY OF REPLACING SOME COAL WITH REFUSE. WASHINGTON, D.C. AND
NEW YORK CITY RECENTLY ANNOUNCED THAT THEY ARE INITATING STUDIES TO SEE
IF SUCH A PLAN IS WORKABLE FOR THEM.
EPA HAS ALSO FUNDED DEMONSTRATION PROJECTS IN BALTIMORE AND SAN DIEGO
TO EXPLORE THE FEASIBILITY OF A PROCESS BY WHICH GARBAGE AND EVEN BULKY
WASTES SUCH AS WASHING MACHINES, REFRIGERATORS, TREE STUMPS, ETC., ARE
VAPORIZED, LEAVING A SMALL RESIDUE OF MOLTEN SLAG.
THE METHOD, CALLED PYROLYSIS, CAN ALSO CONVERT WASTE INTO FUEL GAS
AND OIL AND GENERATE HEAT TO PRODUCE STEAM. THE PROCESS WORKS BY
DECOMPOSING MATERIALS INTO GAS, OIL AND CHAR BY USE OF INTENSE HEAT,
WITH ALMOST NO OXYGEN. IF PYROLYSIS CONTINUES TO PROVE USEFUL, IT MIGHT
REPLACE PRESENT INCINERATORS, OR IN THE LONG RUN, PROVIDE ENERGY FROM
SOLID WASTE.
EVEN ANIMAL WASTES ARE BEING SHOWN TO HAVE ENERGY POTENTIAL. THE
BUREAU OF MINES (DEPARTMENT OF INTERIOR) HAS SHOWN THAT MANURE AND OTHER
ANIMAL WASTES CAN BE CONVERTED TO OIL AND GAS.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 022 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107067
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
ACCORDING TO DR. BOHN OF THE UNIVERSITY OF ARIZONA, 100,000 ANIMALS
COULD PRODUCE ENOUGH NATURAL GAS FOR A CITY OF 30,000. IN ADDITION, THE
LEFTOVER SLUDGE MAKES AN EXCELLENT FERTILIZER. RESEARCHERS ARE ALSO
TESTING TURBINE ENGINES WHICH RUN ON METHANE, A GAS DERIVED FROM WASTES.
ALTHOUGH WIDESPREAD IMPLEMENTATION OF THESE PROJECTS IS QUITE A WAY
OFF, THEY PROVIDE ENCOURAGING SIGNS THAT OUR GARBAGE NEED NOT BE A
MULTI-BILLION DOLLAR HEADACHE.
SYSTEMS WHICH COMBINE BOTH ENERGY AND MATERIALS RECOVERY METHODS CAN
BE SET UP: STEAM AND METALS ARE PRESENTLY BEING RECOVERED IN CHICAGO,
AND A SIMILAR SYSTEM IS PLANNED FOR BALTIMORE. THE DECISION OF A LOCAL
GOVERNMENT TO INITIATE A SOPHISTICATED RESOURCE RECOVERY FACILITY IS
DEPENDENT UPON A NUMBER OF FACTORS:
1. WHAT IS THE PRESENT METHOD OF DISPOSAL?
2. HOW MUCH DOES IT COST?
3. HOW LONG CAN IT BE USED?
4. HOW MUCH WILL A RESOURCE RECOVERY SYSTEM COST?
5. WHAT ARE AVAILABLE MARKETS IF RECOVERY METHODS ARE EMPLOYED?
A CITY WHICH 20 YEARS AGO BUILT AN INCINERATOR THAT NO LONGER WORKS
PROPERLY AND DOES NOT MEET AIR POLLUTION STANDARDS MAY WANT TO SEARCH
OUT A NEW METHOD OF DISPOSAL RATHER THAN TO UPGRADE ITS INCINERATOR. IF
PRESENT WASTE DISPOSAL COSTS ARE VERY HIGH BECAUSE WASTES ARE SHIPPED
FURTHER AND FURTHER AWAY FOR DISPOSAL, INVESTMENT IN A RESOURCE RECOVERY
SYSTEM, MAY MAKE SENSE.
LIMITED SPACE IN AN EXISTING LANDFILL MAY BE AN INCENTIVE FOR
INTRODUCING A RESOURCE RECOVERY SYSTEM WHICH CAN EXTEND THE LIFE OF A
LANDFILL BY REDUCING THE AMOUNTS OF WASTE.
THE COSTS OF THE VARIOUS SYSTEMS CAN BE SEEN ON THE CHART ON NEXT
PAGE. THEY VARY ACCORDING TO THE QUANTITY OF MATERIALS COLLECTED AND
THE AVAILABILITY OF MARKETS FOR MATERIALS RECOVERED. COSTS MUST ALSO BE
COMPARED WITH PRESENT COLLECTION AND DISPOSAL COSTS.
FORMATION OF REGIONAL SOLID WASTE AUTHORITIES TO INVEST IN RESOURCE
RECOVERY FACILITIES MAY BE THE LEAST EXPENSIVE AND MOST REASONABLE
APPROACH TO SOLVING AN AREA'S SOLID WASTE PROBLEMS. AT THIS TIME,
HOWEVER, WHEN MUCH OF THE RESOURCE RECOVERY TECHNOLOGY IS STILL IN THE
EXPERIMENTAL PHASE, IT IS DIFFICULT FOR CITIES OR REGIONAL UNITS TO TAKE
THE RISKS INVOLVED IN INVESTING IN RESOURCE RECOVERY SYSTEMS WITHOUT
ASSISTANCE FROM STATE OR FEDERAL AUTHORITIES.
NEED FOR A NATIONAL MATERIALS POLICY, MONDAY, 740715
STATEMENT OF MAZZOCCHI A
BEYOND THE TRASH CAN, 730800
PART 023 OF 34
MAZZOCCHI A CITIZENSHIP - LEGISLATIVE DIRECTOR
ALLISON G
MOOSER S
TAYLOR P
OIL, CHEMICAL, AND ATOMIC WORKERS INTERNATIONAL UNION
107068
HEARINGS
TRANSCRIPT
REPORT STUDY
SENATE
WHETHER TO JOIN WITH OTHER MUNICIPALITIES TO INVEST IN AN $8 MILLION
PYROLYSIS PLANT OR ESTABLISH A $20,000 LOCAL CURB-SIDE COLLECTION OF
RECYCLABLE MATERIALS OR CONTINUE WITH THE EXISTING COLLECTION AND
DISPOSAL SYSTEM IS A DECISION MANY LOCAL GOVERNMENTS ARE NOW FACING.
PLANT CAPACITY (TONS DAY)
GRAPH OMITTED.