r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“hospital” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“preliminary energy audit” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“public care institution” applies throughout its part
The term “public care institution” means a public or nonprofit institution which owns— (A) a facility for long term care, a rehabilitation facility, or a public health center, as described in section 300s–3 of this title , or (B) a residential child care center.;
“public or nonprofit institution” applies throughout its part
The term “public or nonprofit institution” means an institution owned and operated by— (A) a State, a political subdivision of a State or an agency or instrumentality of either, or (B) an organization exempt from income tax under section 501(c)(3) or 501(c)(4) of title 26.;
“school” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“Secretary” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“State” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“State energy agency” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“technical assistance” applies throughout its part
The term “technical assistance” means assistance under rules, promulgated by the Secretary, to States, units of local government and public care institutions— (A) to conduct specialized studies identifying and specifying energy savings and related cost savings that are likely to be realized as a result of (i) modification or maintenance and operating procedures in a building, (ii) the acquisition and installation of one or more specified energy conservation measures in such building or (iii) both, or (B) the planning or administration of such specialized studies.
“technical assistance costs” applies throughout its part
The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;
“technical assistance program costs” applies throughout its part
The term “technical assistance program costs” means the costs of carrying out a technical assistance program.;
“unit of local government” applies throughout its part
The term “unit of local government” means the government of a county, municipality, or township, which is a unit of general purpose government below the State (determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes) and the District of Columbia. Such term also means the recognized governing body of an Indian tribe (as defined in section 6862 of this title ) which governing body performs substantial governmental functions.;
“acquired” applies throughout its part
the term “acquired” means leased for a period of sixty continuous days or more, or purchased;
“alternative fuel” applies throughout its part
the term “alternative fuel” means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more (or such other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol) derived from biological materials; electricity (including electricity from solar energy); and any other fuel the Secretary determines, by rule, is substantially not petroleum and would yield substantial …
“alternative fueled vehicle” applies throughout its part
the term “alternative fueled vehicle” means a dedicated vehicle or a dual fueled vehicle;
“dedicated vehicle” applies throughout its part
the term “dedicated vehicle” means— (A) a dedicated automobile, as such term is defined in section 32901(a)(7) 1 of title 49; or (B) a motor vehicle, other than an automobile, that operates solely on alternative fuel;
“domestic” applies in that section
the term “domestic” has the meaning given such term in section 13211(7) of this title . (G) Except to the extent inconsistent with the multilateral trade agreements (as defined in section 3501(4) of title 19 ), vehicles acquired under this section shall be motor vehicles manufactured in the United States or Canada. (4) Acquisitions of vehicles under this section shall, to the extent practicable, be coordinated with acquisitions of alternative fueled vehicles by State and local governments.
“dual fueled vehicle” applies throughout its part
the term “dual fueled vehicle” means— (A) dual fueled automobile, as such term is defined in section 32901(a)(8) 1 of title 49; or (B) a motor vehicle, other than an automobile, that is capable of operating on alternative fuel and is capable of operating on gasoline or diesel fuel; and;
“heavy duty vehicle” applies throughout its part
the term “heavy duty vehicle” means a vehicle of greater than 8,500 pounds gross vehicle weight rating. (h) Funding (1) For the purposes of this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 1998, to remain available until expended. (2) The authority of the Secretary to obligate amounts to be expended under this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
“bus” applies in that section
the term “bus” means a vehicle which is designed to transport 30 individuals or more.
“unutilized natural gas” applies in that section
the term “unutilized natural gas” means gas that is available in small remote fields and cannot be economically transported to natural gas pipelines, or gas the quality of which is so poor that extensive and uneconomic pretreatment is required prior to its introduction into the natural gas distribution system. (3) The Secretary shall submit a report under this subsection to the Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and Commerce of the House of Representatives, no later than September 30, 1990 .
“energy information” applies throughout its subchapter
The term “energy information” has the same meaning as such term has in section 796(e)(1) of title 15 .;
“person” applies throughout its subchapter
The term “person” has the same meaning as such term has in section 796(e)(2) of title 15 .;
“verification examination” applies throughout its subchapter
The term “verification examination” means an examination of such books, records, papers, or other documents of a person or company as the Comptroller General determines necessary and appropriate to assess the accuracy, reliability, and adequacy of the energy information, or financial information, referred to in subsection (a).;
“vertically integrated petroleum company” applies throughout its subchapter
The term “vertically integrated petroleum company” means any person which itself, or through a person which is controlled by, controls, or is under common control with such person, is engaged in the production, refining, and marketing of petroleum products.
“energy action” applies in that section
the term “energy action” means any matter required to be transmitted, or submitted to the Congress in accordance with the procedures of this section. (b) Transmittal of energy action to Congress The President shall transmit any energy action (bearing an identification number) to both Houses of Congress on the same day. If both Houses are not in session on the day any energy action is received by the appropriate officers of each House, for purposes of this section such energy action shall be deemed to have been transmitted on the first succeeding day on which both Houses are in session.
“resolution” applies in that section
the term “resolution” means only a resolution of either House of Congress described in subparagraph (A) or (B) of this paragraph. (A) A resolution the matter after the resolving clause of which is as follows: “That the ___ does not object to the energy action numbered ___ submitted to the Congress on ______, 19__.”, the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one energy action.
“resolution” applies in that section
the term “resolution” means only a resolution of either House of Congress the matter after the resolving clauses of which is as follows: “That the ___ approves the energy conservation contingency plan numbered ___ submitted to the Congress on ______, 19__.”, the first blank space therein being filled with the name of the resolving House and the other blank spaces being appropriately filled; but does not include a resolution which specifies more than one energy conservation contingency plan. (B) For purposes of applying this subsection with respect to any rationing contingency plan (other than pursuant to section 6261(d)(2)(B) 1 of this title),
“petroleum” applies throughout its chapter
the term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.
“basic research” applies in that section
The term “basic research” has the meaning given such term in the Office of Management and Budget Circular No. A–11. (2) Executive agency
“Executive agency” applies in that section
The term “Executive agency” has the meaning given such term in section 105 of title 5 .
“covered individual” applies in that section
The term “covered individual” means an individual who— (A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and (B) is designated as a covered individual by the Federal research agency concerned.;
“current and pending research support” applies in that section
The term “current and pending research support”— (A) means all resources made available, or expected to be made available, to an individual in support of the individual’s research and development efforts, regardless of— (i) whether the source of the resource is foreign or domestic; (ii) whether the resource is made available through the entity applying for a research and development award or directly to the individual; or (iii) whether the resource has monetary value; and (B) includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research and development efforts, such as the provision of office or laboratory space, equipment, supplies, …
“entity” applies in that section
The term “entity” means an entity that has applied for or received a research and development award from a Federal research agency.;
“Federal research agency” applies in that section
The term “Federal research agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.;
“research and development award” applies in that section
The term “research and development award” means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.
“Federal science agency” applies in that section
the term “Federal science agency” means any Federal agency with an annual extramural research expenditure of over $100,000,000.
“scientific collection” applies in that section
the term “scientific collection” means a set of physical specimens, living or inanimate, created for the purpose of supporting science and serving as a long-term research asset, rather than for their market value as collectibles or their historical, artistic, or cultural significance, and, as appropriate and feasible, the associated specimen data and materials.
“minority business enterprise” applies in that section
the term “minority business enterprise” means a business at least 50 per centum of which is owned by minority group members or, in case of a publicly owned business, at least 51 per centum of the stock of which is owned by minority group members. For the purposes of the preceding sentence, minority group members are citizens of the United States who are Asian American, Native Hawaiian, Pacific Islanders, African American, Hispanic, Native American, or Alaska Natives.
“local government” applies in that section
the term “local government” means the government of a county, municipality, township, or other unit of government below the State which— (i) is a unit of general government (determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes), and (ii) performs substantial governmental functions. Such term includes the District of Columbia and also includes the recognized governing body of an Indian tribe or Alaskan Native village which performs substantial governmental functions. Such term does not include the government of a township area unless such government performs substantial governmental functions.
“State” applies in that section
the term “State” means each State of the United States; (B) the State excess unemployment percentage is equal to the difference resulting from the subtraction of 4.5 percentage points from the State unemployment rate for that State but shall not be less than zero; (C) the State unemployment rate is equal to the rate of unemployment in the State during the appropriate calendar quarter, as determined by the Secretary of Labor and reported to the Secretary; and (D) the State revenue sharing amount is the amount determined under sections 6705–6707(a) of title 31 1 for the most recently completed entitlement period, as defined under section 6701(a)(1) of title 31 .
“territorial population” applies in that section
The term “territorial population” means the most recent population for each territory as determined by the Bureau of Census. (C) The provisions of sections 6723(c)(4), 6724, 6725, 6726, 1 6727, 6728, 6729, 6730, 6731, 6732, and 6733 1 of this title shall apply to the funds authorized under this section. (c) Payments to local governments The governments of the territories are authorized to make payments to local governments within their jurisdiction from sums received under this section as they deem appropriate.
“territory” applies in that section
The term “territory” means Puerto Rico, Guam, American Samoa, and the Virgin Islands.;
“electric utility” applies throughout its subchapter
The term “electric utility” means any person, State agency, or Federal agency which sells electric energy.;
“Federal agency” applies throughout its subchapter
The term “Federal agency” means any agency or instrumentality of the United States.;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Energy.;
“State” applies throughout its subchapter
The term “State” means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States.;
“State agency” applies throughout its subchapter
The term “State agency” means a State, political subdivision thereof, or any agency or instrumentality of either.;
“State utility regulatory commission” applies throughout its subchapter
The term “State utility regulatory commission” means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority.;
“utility regulatory commission” applies throughout its subchapter
The term “utility regulatory commission” means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency).
“ASHRAE” applies throughout its subchapter
The term “ASHRAE” means the American Society of Heating, Refrigerating, and Air-Conditioning Engineers.
“building” applies throughout its subchapter
The term “building” means any structure to be constructed which includes provision for a heating or cooling system, or both, or for a hot water system.;
“building code” applies throughout its subchapter
The term “building code” means a legal instrument which is in effect in a State or unit of general purpose local government, the provisions of which must be adhered to if a building is to be considered to be in conformance with law and suitable for occupancy and use.;
“CABO” applies throughout its subchapter
The term “CABO” means the Council of American Building Officials.;
“commercial building” applies throughout its subchapter
The term “commercial building” means any building other than a residential building, including any building developed for industrial or public purposes.;
“Federal agency” applies throughout its subchapter
The term “Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation.;
“Federal building” applies throughout its subchapter
The term “Federal building” means any building to be constructed by, or for the use of, any Federal agency. Such term shall include buildings built for the purpose of being leased by a Federal agency, and privatized military housing.;
“Federal building energy standards” applies throughout its subchapter
The term “Federal building energy standards” means energy consumption objectives to be met without specification of the methods, materials, or equipment to be employed in achieving those objectives, but including statements of the requirements, criteria, and evaluation methods to be used, and any necessary commentary.;
“Federal financial assistance” applies throughout its subchapter
The term “Federal financial assistance” means (A) any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance (other than general or special revenue sharing or formula grants made to States) approved by any Federal officer or agency; or (B) any loan made or purchased by any bank, savings and loan association, or similar institution subject to regulation by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration.;
“National Institute of Building Sciences” applies throughout its subchapter
The term “National Institute of Building Sciences” means the institute established by section 1701j–2 of title 12 .;
“residential building” applies throughout its subchapter
The term “residential building” means any structure which is constructed and developed for residential occupancy.;
“Secretary” applies throughout its subchapter
The term “Secretary” means the Secretary of Energy.;
“State” applies throughout its subchapter
The term “State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory and possession of the United States.;
“unit of general purpose local government” applies throughout its subchapter
The term “unit of general purpose local government” means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area.;
“voluntary building energy code” applies throughout its subchapter
The term “voluntary building energy code” means a building energy code developed and updated through a consensus process among interested persons, such as that used by the Council of American Building Officials; the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or other appropriate organizations.;
“eligible entity” applies in that section
The term “eligible entity” means— (A) a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and (B) a partnership. (2) Partnership
“partnership” applies in that section
The term “partnership” means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities: (A) Local building code agencies. (B) Codes and standards developers. (C) Associations of builders and design and construction professionals. (D) Local and utility energy efficiency programs. (E) Consumer, energy efficiency, and environmental advocates. (F) Other entities, as determined by the Secretary. (3) Secretary
“Secretary” applies in that section
The term “Secretary” means the Secretary of Energy. (b) Establishment (1) In general The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes.
“Director” applies throughout its part
The term “Director” means the Director of the Community Services Administration.;
“elderly” applies throughout its part
The term “elderly” means any individual who is 60 years of age or older.;
“Governor” applies throughout its part
The term “Governor” means the chief executive officer of a State (including the Mayor of the District of Columbia).;
“handicapped person” applies throughout its part
The term “handicapped person” means any individual (A) who is an individual with a disability, as defined in section 705 of title 29 , (B) who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act [ 42 U.S.C. 1382c(a)(3)(A) , 423(d)(1)] or in section 102(7) 1 of the Developmental Disabilities Services and Facilities Construction Act [ 42 U.S.C. 6001(7) ], or (C) who is receiving benefits under chapter 11 or 15 of title 38.;
“Indian” applies throughout its part
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section 3002 of this title .;
“Indian tribe” applies throughout its part
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section 3002 of this title .;
“low-income” applies throughout its part
The term “low-income” means that income in relation to family size which (A) is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Director of the Community Services Administration, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section 2809(a)(12) of this title , (B) is the basis on which cash assistance payments have been …
“Secretary” applies throughout its part
The term “Secretary” means the Secretary of Energy.;
“State” applies throughout its part
The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States.;
“tribal organization” applies throughout its part
The terms “Indian”, “Indian tribe”, and “tribal organization” have the meanings prescribed for such terms by section 3002 of this title .;
“weatherization materials” applies throughout its part
The term “weatherization materials” means— (A) caulking and weatherstripping of doors and windows; (B) furnace efficiency modifications, including, but not limited to— (i) replacement burners, furnaces, or boilers or any combination thereof; (ii) devices for minimizing energy loss through heating system, chimney, or venting devices; and (iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (C) clock thermostats; (D) ceiling, attic, wall, floor, and duct insulation; (E) water heater insulation; (F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective window and door materials; (G) cooling efficiency …
“biomass” applies in that section
the term “biomass” means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. (d) Supplementary financial assistance to States Beginning with fiscal year 1992, the Secretary may allocate funds appropriated pursuant to section 6872(b) 3 of this title to provide supplementary financial assistance to those States which the Secretary determines have achieved the best performance during the previous fiscal year in achieving the purposes of this part.
“renewable energy system” applies in that section
the term “renewable energy system” means a system which— (i) when installed in connection with a dwelling, transmits or uses— (I) solar energy, energy derived from the geothermal deposits, energy derived from biomass, or any other form of renewable energy which the Secretary specifies by regulations, for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or (II) wind energy for nonbusiness residential purposes; (ii) meets the performance and quality standards (if any) which have been prescribed by the Secretary by regulations; (iii) in the case of a combustion rated system, has a thermal efficiency rating of at least 75 …
“building” applies throughout its part
The terms “energy audit”, “energy conservation measure”, “renewable-resource energy measure”, “building”, and “industrial plant” have the meanings given the terms in section 6321(c) of this title .
“Comptroller General” applies throughout its part
The term “Comptroller General” means the Comptroller General of the United States.;
“energy audit” applies throughout its part
The terms “energy audit”, “energy conservation measure”, “renewable-resource energy measure”, “building”, and “industrial plant” have the meanings given the terms in section 6321(c) of this title .
“energy conservation measure” applies throughout its part
The terms “energy audit”, “energy conservation measure”, “renewable-resource energy measure”, “building”, and “industrial plant” have the meanings given the terms in section 6321(c) of this title .
“industrial plant” applies throughout its part
The terms “energy audit”, “energy conservation measure”, “renewable-resource energy measure”, “building”, and “industrial plant” have the meanings given the terms in section 6321(c) of this title .
“renewable-resource energy measure” applies throughout its part
The terms “energy audit”, “energy conservation measure”, “renewable-resource energy measure”, “building”, and “industrial plant” have the meanings given the terms in section 6321(c) of this title .
“Secretary” applies throughout its part
The term “Secretary” means the Secretary of Energy.;
“Comptroller General” applies throughout its part
The term “Comptroller General” means the Comptroller General of the United States.;
“Secretary” applies throughout its part
The term “Secretary” means the Secretary of Housing and Urban Development.
“Administrator” applies throughout its chapter
The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other …
“comprehensive planning” applies throughout its chapter
The terms “solid waste planning”, “solid waste management”, and “comprehensive planning” include planning or management respecting resource recovery and resource conservation.;
“demonstration” applies throughout its chapter
The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.;
“disposal” applies throughout its chapter
The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.;
“Federal agency” applies throughout its chapter
The term “Federal agency” means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Publishing Office.;
“hazardous waste” applies throughout its chapter
The term “hazardous waste” means 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 mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.;
“hazardous waste generation” applies throughout its chapter
The term “hazardous waste generation” means the act or process of producing hazardous waste.;
“hazardous waste management” applies throughout its chapter
The term “hazardous waste management” means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. (8) For purposes of Federal financial assistance (other than rural communities assistance), the term “implementation” does not include the acquisition, leasing, construction, or modification of facilities or equipment or the acquisition, leasing, or improvement of land.;
“intermunicipal agency” applies throughout its chapter
The term “intermunicipal agency” means an agency established by two or more municipalities with responsibility for planning or administration of solid waste.;
“interstate agency” applies throughout its chapter
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 the management of solid wastes and serving two or more municipalities located in different States.;
“long-term contract” applies throughout its chapter
The term “long-term contract” means, when used in relation to solid waste supply, a contract of sufficient duration to assure the viability of a resource recovery facility (to the extent that such viability depends upon solid waste supply).;
“lubricating oil” applies throughout its chapter
The term “lubricating oil” means the fraction of crude oil which is sold for purposes of reducing friction in any industrial or mechanical device. Such term includes re-refined oil.;
“manifest” applies throughout its chapter
The term “manifest” means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.
“medical waste” applies in that section
the term “medical waste” means any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Such term does not include any hazardous waste identified or listed under subchapter III or any household waste as defined in regulations under subchapter III.;
“mixed waste” applies in that section
The term “mixed waste” means waste that contains both hazardous waste and source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.).
“open dump” applies throughout its chapter
The term “open dump” means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 6944 of this title and which is not a facility for disposal of hazardous waste.;
“person” applies throughout its chapter
The term “person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and shall include each department, agency, and instrumentality of the United States.;
“procurement item” applies throughout its chapter
The term “procurement item” means any device, good, substance, material, product, or other item whether real or personal property which is the subject of any purchase, barter, or other exchange made to procure such item.;
“procuring agency” applies throughout its chapter
The term “procuring agency” means any Federal agency, or any State agency or agency of a political subdivision of a State which is using appropriated Federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract. (18) The term “recoverable” refers to the capability and likelihood of being recovered from solid waste for a commercial or industrial use.;
“re-refined oil” applies throughout its chapter
The term “re-refined oil” means used oil from which the physical and chemical contaminants acquired through previous use have been removed through a refining process. (40) Except as otherwise provided in this paragraph,
“recovered material” applies throughout its chapter
The term “recovered material” means waste material and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.;
“recovered resources” applies throughout its chapter
The term “recovered resources” means material or energy recovered from solid waste.;
“recycled oil” applies throughout its chapter
The term “recycled oil” means any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes oil which is re-refined, reclaimed, burned, or reprocessed.;
“regional authority” applies throughout its chapter
The term “regional authority” means the authority established or designated under section 6946 of this title .;
“resource conservation” applies throughout its chapter
The term “resource conservation” means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources.;
“resource recovery” applies throughout its chapter
The term “resource recovery” means the recovery of material or energy from solid waste.;
“resource recovery facility” applies throughout its chapter
The term “resource recovery facility” means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.;
“resource recovery system” applies throughout its chapter
The term “resource recovery system” means a solid waste management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues.;
“sanitary landfill” applies throughout its chapter
The term “sanitary landfill” means a facility for the disposal of solid waste which meets the criteria published under section 6944 of this title .;
“sludge” applies throughout its chapter
The term “sludge” means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects.;
“solid waste” applies throughout its chapter
The term “solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 1342 of title 33 , or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended ( 68 Stat.
“solid waste management” applies throughout its chapter
The term “solid waste management” means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.;
“solid waste management facility” applies throughout its chapter
The term “solid waste management facility” includes— (A) any resource recovery system or component thereof, (B) any system, program, or facility for resource conservation, and (C) any facility for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid wastes, including hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise.;
“solid waste planning” applies throughout its chapter
The terms “solid waste planning”, “solid waste management”, and “comprehensive planning” include planning or management respecting resource recovery and resource conservation.;
“State” applies throughout its chapter
The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.;
“State authority” applies throughout its chapter
The term “State authority” means the agency established or designated under section 6947 of this title . (33) The term “storage”, when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.
“used oil” applies throughout its chapter
The term “used oil” means any oil which has been— (A) refined from crude oil, (B) used, and (C) as a result of such use, contaminated by physical or chemical impurities.;
“virgin material” applies throughout its chapter
The term “virgin material” means a raw material, including previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials.;
“small town” applies in that section
the term “small town” means an incorporated or unincorporated community (as defined by the Administrator) with a population of less than 2,500 individuals. (g) Authorization There is authorized to be appropriated the sum of $500,000 to implement this section.
“resource conservation and recovery activities” applies in that section
the term “resource conservation and recovery activities” shall include, but not be limited to, all research, development and demonstration projects on resource conservation or energy, or material, recovery from solid waste, and all technical or financial assistance for State or local planning for, or implementation of, projects related to resource conservation or energy or material, recovery from solid waste. The Committee shall be chaired by the Administrator of the Environmental Protection Agency or such person as the Administrator may designate.
“naturally degradable material” applies throughout this title
the term “naturally degradable material” means a material which, when discarded, will be reduced to environmentally benign subunits under the action of normal environmental forces, such as, among others, biological decomposition, photodegradation, or hydrolysis.
“regulated item” applies throughout this title
the term “regulated item” means any plastic ring carrier device that contains at least one hole greater than 1¾ inches in diameter which is made, used, or designed for the purpose of packaging, transporting, or carrying multipackaged cans or bottles, and which is of a size, shape, design, or type capable, when discarded, of becoming entangled with fish or wildlife; and;
“approved leak detection system” applies in that section
the term “approved leak detection system” means a system or technology which the Administrator determines to be capable of detecting leaks of hazardous constituents at the earliest practicable time; and;
“deep injection well” applies in that section
the term “deep injection well” means a well used for the underground injection of hazardous waste other than a well to which section 6979a(a) 1 of this title applies. (g) Additional land disposal prohibition determinations (1) Not later than twenty-four months after November 8, 1984 , the Administrator shall submit a schedule to Congress for— (A) reviewing all hazardous wastes listed (as of November 8, 1984 ) under section 6921 of this title other than those wastes which are referred to in subsection (d) or (e); and (B) taking action under paragraph (5) of this subsection with respect to each such hazardous waste.
“guarantor” applies in that section
the term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this section. (u) Continuing releases at permitted facilities Standards promulgated under this section shall require, and a permit issued after November 8, 1984 , by the Administrator or a State shall require, corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage, or disposal facility seeking a permit under this subchapter, regardless of the time at which waste was placed in such unit.
“hazardous waste listed under section 6921 of this title” applies in that section
the term “hazardous waste listed under section 6921 of this title ” includes any commercial chemical product which is listed under section 6921 of this title and which, in lieu of its original intended use, is (i) produced for use as (or as a component of) a fuel, (ii) distributed for use as a fuel, or (iii) burned as a fuel.
“military munitions” applies in that section
the term “military munitions” includes chemical and conventional munitions.
“new units” applies in that section
the term “new units” means units on which construction commences after the date of promulgation of regulations under this paragraph. (5) (A) The Administrator shall promulgate regulations or issue guidance documents implementing the requirements of paragraph (1)(A) within two years after November 8, 1984 .
“underground source of drinking water” applies in that section
the term “underground source of drinking water” has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health Service Act) [ 42 U.S.C. 300f et seq.]. (4) No determination made by the Administrator under subsection (d), (e), or (g) of this section regarding any hazardous waste to which such subsection (d), (e), or (g) applies shall affect the prohibition contained in paragraph (1) of this subsection.
“aggressive biological treatment facility” applies in that section
the term “aggressive biological treatment facility” means a system of surface impoundments in which the initial impoundment of the secondary treatment segment of the facility utilizes intense mechanical aeration to enhance biological activity to degrade waste water pollutants and (i) the hydraulic retention time in such initial impoundment is no longer than 5 days under normal operating conditions, on an annual average basis; (ii) the hydraulic retention time in such initial impoundment is no longer than thirty days under normal operating conditions, on an annual average basis: Provided , That the sludge in such impoundment does not constitute a hazardous waste as identified by the …
“liner” applies in that section
the term “liner” means— (i) a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility; or (ii) a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. (B) For the purposes of this subsection,
“underground source or 3 drinking water” applies in that section
the term “underground source or 3 drinking water” has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health Service Act [ 42 U.S.C. 300f et seq.]).
“organization” applies in that section
The term “organization” means a legal entity, other than a government, established, or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.;
“serious bodily injury” applies in that section
The term “serious bodily injury” means— (A) bodily injury which involves a substantial risk of death; (B) unconsciousness; (C) extreme physical pain; (D) protracted and obvious disfigurement; or (E) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (g) Civil penalty Any person who violates any requirement of this subchapter shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation. Each day of such violation shall, for purposes of this subsection, constitute a separate violation.
“health assessments” applies in that section
the term “health assessments” shall include preliminary assessments of the potential risk to human health posed by individual sites and facilities subject to this section, based on such factors as the nature and extent of contamination, the existence of potential for pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such …
“formation” applies in that section
The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act [ 42 U.S.C. 300f et seq.].
“primary enforcement responsibility” applies in that section
The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act [ 42 U.S.C. 300f et seq.].
“Safe Drinking Water Act” applies in that section
The term “Safe Drinking Water Act” means title XIV of the Public Health Service Act.
“underground source of drinking water” applies in that section
The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act [ 42 U.S.C. 300f et seq.].
“well” applies in that section
The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act [ 42 U.S.C. 300f et seq.].