Definition
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Refuse/Waste - Background: History
At some point, man realized that he had to keep his home clean. He accomplished this by throwing his waste outside to accumulate around his house. From archaeological investigations of past civilizations, it seems that this practice was so widespread that cities literally buried themselves in trash, sometimes having to rebuild repeatedly on top of the accumulation of past years.
The problem was so acute in some of the densely populated medieval cities that refuse had to be removed outside the community, rather than merely outside one's own dwelling. Laws were passed requiring that people who brought goods or produce into a city should carry solid wastes away with them for disposal in the countryside. Presumably, this action was taken because of the nuisance of trash, rather than any realization of the connection between vermin, insects, and disease.
Public Health Act of 1875
The modern system of refuse collection and disposal by the local authority derives from the Public Health Act of 1875 (Great Britain). This Act provided for the removal of refuse by the Sanitary Authority on appointed days. Each resident was required to place the refuse in a movable receptacle - the first legal recognition of the trash bin.
Every Sanitary Authority was directed by the subsequent Public Health Act of 1891 to employ, or contract with, a sufficient number of scavengers to ensure the sweeping and cleansing of the streets within their district and the collection and removal of street and house refuse. The Authorities were given power to make by-laws with regard to these services.
The "modern system of refuse collection and disposal" instituted in Great Britain in 1875 has been changed little by modern technology. Workers still accompany a wheeled vehicle and load it, after which the material is taken to be dumped or burned. The horses have been replaced by an internal-combustion engine.
A Growing Problem in the U.S.
Rising population in the United States, increasing urbanization of this population, industrial growth, and the unparalleled affluence of American society have resulted in ever-increasing volumes of wastes that must be regularly collected, transported, and ultimately, disposed of.
Congress directed attention to the overall solid waste problem in the Solid Waste Disposal Act of 1965. Disposal was broadly defined to include the "collection, storage, treatment, utilization, processing or final disposal of solid waste."
Technological and marketing considerations have had a major influence in the amount of waste and its disposal. Planned obsolescence is a fact of the marketplace -- the consumer has become accustomed to one-way packaging, with little regard to its potential reuse or recycling. Thus, junked cars and electric appliances, as well as empty cans and bottles, and foil and wrappings of all kinds, constitute a large part of modern urban waste.
Solid Waste Disposal Act
In 1965, Congress first acknowledged the need for action in the management and disposal of solid waste by passing the Solid Waste Disposal Act. This legislation established grant programs to support the use of improved methods for disposal and the development of solid waste disposal plans by states, interstate agencies, or both. In 1976, the Resource Conservation and Recovery Act (RCRA) clarified the definitions of solid waste and responded to the growing public concerns about leakage and contamination of groundwater supplies from an estimated 100,000-300,000 underground storage tanks containing hazardous substances or petroleum products. Subsequent laws have continued to address the management and disposal of solid and hazardous waste. In fact, this has become the most heavily regulated and costly area of environmental protection.
Principal Federal Laws Related to Management and Disposal of Solid and Hazardous Waste
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| Year | Law | Public Law Number |
| 1965 | Solid Waste Disposal Act | 89-272
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| 1976 | Resource Conservation and Recovery Act (RCRA) | 94-580
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| 1980 | Comprehensive Environmental Response, Compensation, and Liability Act (Superfund Act) | 96-150
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| 1984 | Hazardous and Solid Waste Amendments, Resource Conservation and Recovery Act (RCRA) | 98-616
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| 1986 | Superfund Amendments and Reauthorization Act (SARA) | 99-499
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The Resource Conservation and Recovery Act
Underlying all these laws are the goals of RCRA:
To protect human health and the environment form the potential hazards of waste disposal.
To conserve energy and natural resources.
To reduce the amount of waste generated.
To ensure that wastes are managed in an environmentally sound manner.
The RCRA is administered by the EPA, which has issued regulations for its implementation under Title 40, Parts 240-271, of the Code of Federal Regulations. The regulatory system's "cradle-to-grave" approach features detailed record keeping requirements, a complex permit process, strict financial liability for waste generators and transporters, and a cleanup fund drawn from private sources. This fund was mandated by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly called the CERCLA or Superfund Act. The Superfund Act focuses on the cleanup of sites where toxic chemical waste has been improperly discharged or buried. To prevent the creation of more such sites, the 1984 amendments to the Solid Waste Act restrict the disposal of many wastes on land and emphasize source reduction and recycling.
RCRA Requirements
The RCRA requires active maintenance of hazardous waste disposal facilities for 30 years but no long-term industrial control. At best, the law provides for safe, intermediate storage of hazardous waste, which may well have to be reclaimed and treated sometime in the future.
Local Response
Local law enforcement and public health officials have a duty to enforce illegal dumping laws. Counties and municipalities may impose additional penalties for illegal dumping. Local authorities have the advantage of being close to the crime scene and can:
Immediately respond to complaints.
Investigate to find evidence of the persons responsible for the illegal dumping.
Require an immediate cleanup of the area.
Levy their won local fines for illegal dumping.
Issue citations or notices to appear in court.
Report the incident to the EPA.
Refer the case to the local State's Attorney for criminal and civic charges.
Patrol the problem area.
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