Solid Waste Source Reduction and Recycling Incentives Act

Solid Waste Source Reduction and Recycling and Incentives Act - Title I: Formal Provisions - Sets forth Congressional findings of fact, a declaration of purpose and the definition of the terms used in this Act.

Title II: Transportation Rates - States that the Interstate Commerce Commission and the Federal Maritime Commssion, shall, within twenty-four months after the date of enactment of this Act and on a continuing basis thereafter: (1) investigate and formally identify all rates charged by transportation carriers subject to their respective jurisdictions for the transportation of recyclable materials in order to determine in each case, whether the rate charged and the terms and conditions of transportation for each material is fair, reasonable, and not unjustly discriminatory as between recyclable materials and competing virgin natural resource materials and competing virgin natural resource materials; (2) issue appropriate orders in all cases in which such rates, terms, or conditions are found to be unfair, unreasonable, and unjustly discriminatory; (3) file annual reports on the 10 day of December of each year and such terminal reports as shall be necessary to reflect actions completed under this Act with the President and the Congress regarding the results of their respective investigations and all actions taken to establish fair, reasonable, and nondiscriminatory rates for the transportation of recyclable materials.

Provide that if it appears that a carrier's rate or rates for the transportation in commerce of a recyclable material are equal to or higher than the rate or rates charged for the same transportation of a like quantity of a competing virgin natural resource or commodity possessed of a higher commercial valuation, such rate or rates shall be presumed to be unreasonable and discriminatory and the burden of rebutting the prima facie case thus made by showing justification shall be upon the carrier or carriers who charge such rates.

Title III: Federal Procurement Policy - States that with respect to all Federal government purchases and contracts for property, the aggregate amount of which exceeds $2,500, no procurement shall be made by any procuring agency in the case of procurement items purchased: (1) through advertisements for bids, of any procurement item which in comparison with other competing items offered for sale by suppliers is not composed of the greatest percentage of recovered materials and is not to the greatest extent recyclable or reusable following the use for which it was purchased, whenever a significant difference as to these characteristics exists between such item and competing items; or (2) in the case of procurement items purchased through any other process, of any procurement item which is not to the maximum extent feasible composed of recovered materials and which is not to the maximum extent feasible composed of recovered materials and which is not to the maximum extent feasible recyclable or reusable following the use for which it was purchased.

Provides that the requirements of this Act shall not apply if items meeting such requirements are not reasonably available, do not meet reasonable performance standards for such items set by the procuring agency, or are available only at prices which, in relation to the purposes of this Act, unreasonably exceed the current market price for other procurement items meeting such performance standards.

Title IV: Product Standards and Regulation - Makes it unlawful for any person to introduce or deliver for introduction in commerce any product manufactured on or after the effective date of this title which does not conform to the standards prescribed by the Administrator pursuant to this Act.

Sets forth the civil and criminal penalties for violation of such standards.

States that within one year after the date of enactment of this title, the Administrator of the Environmental Protection Agency shall promulgate and shall from time to time revise such standards regulating the manufacture and distribution of products in commerce as he determines necessary to protect health or the environment against unreasonable burdens and risks associated with the disposal of such products.

Sets forth administrative and judicial procedures for enforcement of such standards.

Provides that notwithstanding any other provision of this title, no product and no sale of a product shall be deemed in violation of this title if it is intended soley for export to any foreign nation except that (1) such product shall be subject to the requirements of this Act, and (2) no product may be exported if the Administrator by regulation finds that the product as exported and disposed of will, directly or indirectly, pose an unreasonable threat to the health of persons within the United States or the environment of the United States.

Directs the Secretary of the Treasury to refuse entry into the United States of any product offered for entry if it fails to conform with standards promulgated under this title.

Title V: National Disposal Cost System - States that within one year from the date of enactment of this Act, the Administrator, following consultation with the Secretary of the Treasury, shall prescribe and shall from time to time, revise such regulations as are necessary to establish a schedule of national disposal costs charges.

Provides that any charges established under this title, shall, in accordance with regulations prescribed by the Administrator following consultation with the Secretary of the Treasury, be levied on and paid by the party who manufacturers, and produces, or imports the product and makes the first sale of the product in its final configuration.

States that under regulations prescribed by the Administrator following consultation with the Secretary of the Treasury, no charge shall be imposed upon the sale by the manufacturer or producer of a product for export, or for resale by the purchaser to a second purchaser for export.

Provides that where a manufacturer or producer has acquired any recovered materials for use in the manufacture of a product or component thereof; or for resale as a product; and such product or component is one upon which a disposal charge may thereafter be imposed under this title, there shall be paid to such manufacturer or producer an amount equal to the disposal cost of such material as determined by the Administrator for each pound of such material as to which claim for such payment has been filed with the Secretary of the Treasury in accordance with such regulations as are promulgated by such Secretary, with the approval of the Administrator, to achieve the purposes of this Act.

Sets forth criminal penalties for violations of this title.

Establishes in the Treasury of the United States an Environmental Trust Fund which shall be available tot he Administrator, as trustees of the fund, to carry out the purposes of this Act and to effectuate those objectives which are delineated in the National Environmental Policy Act.

Title VI: Commission on Environmental Damage Charges and Disclosures - Establishes a National Commission on Environmental Damage Charges and Disclosure.

Sets forth the compositon of such commission.

States that it shall be the duty of the Commission to: (1) conduct a comprehensive legal and factual study of the means of mitigating damage done by sources of pollution and internalizing the costs of such pollution; (2) examine specifically and prepare detailed recommendations concerning the control of all sources of pollution and environmental degradation, use of environmental chages designed to internalize the social and environmental costs of such pollution and environmental degradation and other means of regulating commerce in order to protect the environment; and (3) submit interim reports to the President and the Congress at such times as the Commission may deem appropriate, and in any case within two years after the effective date of this Act, and to submit its final report within three years after such date.

Title VII: General Provisions - Permits citizen civil actions to enforce this Act under specified conditions. Requires each manufacturer of a product to which this Act is applicable to maintain record, reports and information to conform with the provisons of this Act. Sets forth administrative procedures for the purpose of this Act.