
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6944]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
           SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS
 
Sec. 6944. Criteria for sanitary landfills; sanitary landfills 
        required for all disposal
        

(a) Criteria for sanitary landfills

    Not later than one year after October 21, 1976, after consultation 
with the States, and after notice and public hearings, the Administrator 
shall promulgate regulations containing criteria for determining which 
facilities shall be classified as sanitary landfills and which shall be 
classified as open dumps within the meaning of this chapter. At a 
minimum, such criteria shall provide that a facility may be classified 
as a sanitary landfill and not an open dump only if there is no 
reasonable probability of adverse effects on health or the environment 
from disposal of solid waste at such facility. Such regulations may 
provide for the classification of the types of sanitary landfills.

(b) Disposal required to be in sanitary landfills, etc.

    For purposes of complying with section 6943(2) \1\ of this title 
each State plan shall prohibit the establishment of open dumps and 
contain a requirement that disposal of all solid waste within the State 
shall be in compliance with such section 6943(2) \1\ of this title.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(c) Effective date

    The prohibition contained in subsection (b) of this section shall 
take effect on the date six months after the date of promulgation of 
regulations under subsection (a) of this section.

(Pub. L. 89-272, title II, Sec. 4004, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98-616, title III, 
Sec. 302(b), Nov. 8, 1984, 98 Stat. 3268.)

                       References in Text

    Section 6943(2) of this title, referred to in subsec. (b), was 
redesignated section 6943(a)(2) of this title by Pub. L. 96-463, 
Sec. 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96-482, 
Sec. 32(d)(2), Oct. 21, 1980, 94 Stat. 2353.


                               Amendments

    1984--Subsec. (c). Pub. L. 98-616 struck out ``or on the date of 
approval of the State plan, whichever is later'' at end.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection Agency under this chapter to 
Federal Inspector, Office of Federal Inspector for the Alaska Natural 
Gas Transportation System, and subsequent transfer to Secretary of 
Energy, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6903, 6943, 6945, 6948, 
6949a of this title; title 25 section 3902.
