Municipal Solid Waste Source Reduction and Recycling Act of 1989

Municipal Solid Waste Source Reduction and Recycling Act of 1989 - Amends the Solid Waste Disposal Act to establish as national goals: (1) a ten percent reduction in municipal solid waste by 1993 as a result of source reduction; (2) a 25 percent reduction in such waste by 1993 as a result of recycling; and (3) a 50 percent reduction in such waste by 1999 as a result of recycling.

Directs the Administrator of the Environmental Protection Agency to: (1) promote source reduction and recycling methods and opportunities by providing technical assistance to States, local governments, and the business, industry, and educational communities; (2) promote public understanding of and participation in source reduction and recycling programs; and (3) propose strategies to reduce toxic constituents in consumer products.

Requires the Administrator to establish an Office of Waste Reduction to carry out responsibilities under this Act.

Directs the Administrator to promulgate regulations to carry out this Act to include requirements for: (1) a standardized methodology for calculating costs of solid waste management; (2) decisionmaking models to assist State and local governments in the selection and integration of waste management services; (3) criteria for use of a standardized, national recycling seal or symbol; (4) a standardized label identifying the plastic resin used in products; and (5) specified national packaging standards.

Requires the Administrator to: (1) implement an education and information program to foster an understanding of the benefits of source reduction and recycling; and (2) establish a source reduction clearinghouse to collect, evaluate, and disseminate information on the effectiveness of source reduction and recycling techniques.

Prohibits the use of: (1) cadmium as a pigment and the importation of products containing cadmium as a pigment; and (2) cadmium for all other nonessential purposes and the importation of products containing cadmium for such purposes. Deems the use of cadmium to be nonessential where alternative substances which present less of a threat to human health and the environment are available.

Directs the Administrator to promulgate regulations concerning the production, distribution, or disposal of any product (including products containing lead, mercury, cadmium, and other heavy metals) which, on the basis of its constituents, disposal, or incineration, presents a threat to human health or the environment.

Prohibits: (1) the placement of lead-acid batteries in landfills and the incineration of such batteries; (2) the placement of used lead-acid batteries in mixed municipal solid waste or the disposal of such batteries except by delivery to automotive battery retailers or wholesalers, permitted secondary lead smelters, or State-approved collection or recycling facilities; and (3) the disposal of such batteries by battery retailers or wholesalers except by delivery to permitted secondary lead smelters, State-approved collection or recycling facilities, battery manufacturers or, in the case of a retailer, agents of battery wholesalers. Provides that each improperly-disposed battery shall constitute a separate violation of this Act.

Requires persons selling lead-acid batteries to accept from customers used batteries of the type and quantity equal to the number of new batteries purchased, if offered. Directs retailers of such batteries to post notices in public areas of retail establishments that: (1) state that it is illegal to throw away motor vehicle or lead-acid batteries and that Federal law requires an exchange of used batteries for new batteries purchased; and (2) encourage recycling of used batteries. Prohibits the sale of any lead-acid battery after 1989 unless such battery bears a label containing such language.

Requires the Administrator to establish a Products and Packaging Advisory Board. Directs the Board to report to the Administrator on a program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in production and use of packaging; (3) eliminate the use of toxic constituents in packaging; (4) maximize packaging recycling and reduce litter; (5) assure that human health and the environment will not be affected adversely by the use and disposal of packaging; and (6) include use of recycling seals for consumer information, mandatory labeling for plastic containers, and national packaging standards.

Requires the Administrator to prepare guidelines for Federal agency procurement of glass, metals, plastic, compost, and rubber from ground tires.

Directs the Administrator of the General Services Administration to report annually to the Congress on items procured by Federal agencies and include an analysis of the procurement of products containing recycled materials and obstacles to obtaining such materials.

Requires Federal agencies to develop waste reduction plans to facilitate: (1) dual-sided copying; (2) paper waste reduction; (3) the purchase of products that contain recycled materials or can be recycled; (4) the purchase of nonhazardous products; and (5) the replacement of plastic food utensils with washable or recyclable tableware.

Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost.

Directs Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials.

Requires State solid waste management plans to: (1) identify the amounts and types of municipal solid wastes and industrial wastes that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) include projections of State capacity to manage such wastes; (3) include estimates of the volumes of such wastes that will not require management in landfills or incinerators; (4) establish a hierarchy for solid waste management practices; (5) include provisions for the removal from the waste stream and safe management of any product designated to be a threat to human health or the environment; (6) inform taxpayers of the nature of waste management services and the amount of taxes attributable to such services; (7) identify and promote markets for recyclable materials; (8) list all municipal solid waste landfills at which the recovery of methane gas is economically and technically feasible; (9) describe current and proposed programs to promote source reduction and recycling; and (10) facilitate the siting of environmentally sound facilities for the transportation, separation, and processing of recyclable materials.

Prohibits the Federal financing or the issuance of any permit under this Act, the Clean Water Act, or the Clean Air Act for any new or modified municipal waste incineration unit: (1) if the EPA Administrator determines that the State does not have an approved plan in accordance with this Act or has not taken reasonable steps to achieve the goals of this Act; and (2) unless, in the case of new units, the State or other entity designing, constructing, or operating the unit certifies that no more than 50 percent of the waste generated annually by such unit will be incinerated annually.

Sets forth additional required State plan provisions (unless the State demonstrates that such provisions are not practicable) to include: (1) a policy requiring the State and political subdivisions of the State to procure products made with recycled materials whenever such products do not exceed by more than ten percent the cost of similar products using nonrecyclable materials; (2) a program to encourage composting of yard waste; (3) a system for curbside pickup of source-separated materials or separation at recycling facilities, or both; and (4) a policy requiring recyclable materials in solid waste to be separated prior to deposition in municipal landfills, waste-to-energy facilities, or waste treatment facilities and a surcharge on tipping fees for any such waste from commercial establishments or office buildings that is delivered to such facilities without being separated.

Requires the Administrator to report to the Congress: (1) biennially on actions taken to implement this Act; and (2) five years after this Act's enactment on procurement requirements under the Solid Waste Disposal Act.

Authorizes the Administrator to issue grants to States for encouraging source reduction and recycling. Provides that such grants shall be funded by the Source Reduction and Recycling Trust Fund. Makes ineligible to receive such grants States which do not have approved plans (or have not taken steps to implement plans) within five years of this Act's enactment.

Allocates Fund moneys as follows: (1) 35 percent for annual recycling grants to States; (2) five percent for source reduction grants to States, counties, localities, and businesses to promote innovations in source reduction; (3) 30 percent for source reduction grants to States to assist in low-interest loans or guarantees to businesses and industries for implementing source reduction measures or manufacturing recyclable products; (4) ten percent for research grants to universities, businesses, and other institutions for research on source reduction, recycling, or disposal of recyclable materials; (5) five percent for rural assistance grants to States to assist rural areas in complying with State plans; and (6) 15 percent to be appropriated to the Administrator for carrying out this Act. Limits specified grants to 50 percent of the total cost of a project. Prohibits assistance from being used for the acquisition of land or interest in land.

Requires the Secretary of Commerce to report biennially to the Congress on progress in implementing this Act, including recommendations on the need to continue or revise loan programs under this Act.

Directs the Secretary to give priority to assisting exporters of recyclable materials and products containing such materials in identifying foreign markets and securing favorable financial terms for such exports. Requires the Secretary to report to the Congress on national and international markets for recyclable materials and include a methodology for market analysis to be made available to States.

Authorizes the Administrator to assess civil penalties, issue compliance orders, or commence civil actions for violations of this Act. Prescribes criminal penalties for certain knowing violations. Provides for judicial review of final actions and citizen lawsuits.