
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: 42USC6945]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
           SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS
 
Sec. 6945. Upgrading of open dumps


(a) Closing or upgrading of existing open dumps

    Upon promulgation of criteria under section 6907(a)(3) of this 
title, any solid waste management practice or disposal of solid waste or 
hazardous waste which constitutes the open dumping of solid waste or 
hazardous waste is prohibited, except in the case of any practice or 
disposal of solid waste under a timetable or schedule for compliance 
established under this section. The prohibition contained in the 
preceding sentence shall be enforceable under section 6972 of this title 
against persons engaged in the act of open dumping. For purposes of 
complying with section 6943(a)(2) and 6943(a)(3) of this title, each 
State plan shall contain a requirement that all existing disposal 
facilities or sites for solid waste in such State which are open dumps 
listed in the inventory under subsection (b) of this section shall 
comply with such measures as may be promulgated by the Administrator to 
eliminate health hazards and minimize potential health hazards. Each 
such plan shall establish, for any entity which demonstrates that it has 
considered other public or private alternatives for solid waste 
management to comply with the prohibition on open dumping and is unable 
to utilize such alternatives to so comply, a timetable or schedule for 
compliance for such practice or disposal of solid waste which specifies 
a schedule of remedial measures, including an enforceable sequence of 
actions or operations, leading to compliance with the prohibition on 
open dumping of solid waste within a reasonable time (not to exceed 5 
years from the date of publication of criteria under section 6907(a)(3) 
of this title).

(b) Inventory

    To assist the States in complying with section 6943(a)(3) of this 
title, not later than one year after promulgation of regulations under 
section 6944 of this title, the Administrator, with the cooperation of 
the Bureau of the Census shall publish an inventory of all disposal 
facilities or sites in the United States which are open dumps within the 
meaning of this chapter.

(c) Control of hazardous disposal

    (1)(A) Not later than 36 months after November 8, 1984, each State 
shall adopt and implement a permit program or other system of prior 
approval and conditions to assure that each solid waste management 
facility within such State which may receive hazardous household waste 
or hazardous waste due to the provision of section 6921(d) of this title 
for small quantity generators (otherwise not subject to the requirement 
for a permit under section 6925 of this title) will comply with the 
applicable criteria promulgated under section 6944(a) and 6907(a)(3) of 
this title.
    (B) Not later than eighteen months after the promulgation of revised 
criteria under subsection \1\ 6944(a) of this title (as required by 
section 6949a(c) of this title), each State shall adopt and implement a 
permit program or other system or \2\ prior approval and conditions, to 
assure that each solid waste management facility within such State which 
may receive hazardous household waste or hazardous waste due to the 
provision of section 6921(d) of this title for small quantity generators 
(otherwise not subject to the requirement for a permit under section 
6925 of this title) will comply with the criteria revised under section 
6944(a) of this title.
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    \1\ So in original. Probably should be ``section''.
    \2\ So in original. Probably should be ``of''.
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    (C) The Administrator shall determine whether each State has 
developed an adequate program under this paragraph. The Administrator 
may make such a determination in conjunction with approval, disapproval 
or partial approval of a State plan under section 6947 of this title.
    (2)(A) In any State that the Administrator determines has not 
adopted an adequate program for such facilities under paragraph (1)(B) 
by the date provided in such paragraph, the Administrator may use the 
authorities available under sections 6927 and 6928 of this title to 
enforce the prohibition contained in subsection (a) of this section with 
respect to such facilities.
    (B) For purposes of this paragraph, the term ``requirement of this 
subchapter'' in section 6928 of this title shall be deemed to include 
criteria promulgated by the Administrator under sections 6907(a)(3) and 
6944(a) of this title, and the term ``hazardous wastes'' in section 6927 
of this title shall be deemed to include solid waste at facilities that 
may handle hazardous household wastes or hazardous wastes from small 
quantity generators.

(Pub. L. 89-272, title II, Sec. 4005, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 96-482, Sec. 19(a), (b), 
Oct. 21, 1980, 94 Stat. 2345; Pub. L. 98-616, title III, Sec. 302(c), 
title IV, Sec. 403(c), title V, Sec. 502(c), Nov. 8, 1984, 98 Stat. 
3268, 3272, 3276.)

                          Codification

    Another section 19(b) of Pub. L. 96-482 amended section 6946 of this 
title.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-616, Sec. 403(c), inserted after first 
sentence ``The prohibition contained in the preceding sentence shall be 
enforceable under section 6972 of this title against persons engaged in 
the act of open dumping.''
    Pub. L. 98-616, Sec. 502(c), inserted a closing parenthesis before 
the period at end.
    Subsec. (c). Pub. L. 98-616, Sec. 302(c), added subsec. (c).
    1980--Subsec. (a). Pub. L. 96-482, Sec. 19(a), (b)(1), struck out 
subsec. (a) which defined ``open dump'', which is covered in section 
6903(14) of this title, redesignated subsec. (c) as (a) and substituted 
``Upon promulgation of criteria under section 6907(a)(3) of this title, 
any'' for ``Any'', ``section 6943(a)(2) and 6943(a)(3) of this title'' 
for ``section 6943(2) of this title'', and ``criteria under section 
6907(a)(3) of this title'' for ``the inventory under subsection (b) of 
this section''.
    Amendment by section 19(b)(1) of Pub. L. 96-482, directing that 
following reference to ``4003(2)'', which had been editorially 
translated as section 6943(2) of this title, the phrase ``and 4003(3)'' 
be inserted, was executed by translating ``4003(2) and 4003(3)'' as 
section 6943(a)(2) and 6943(a)(3) of this title, in view of the 
designation of the existing provisions of section 6943 of this title as 
subsec. (a) of section 6943 of this title by section 5(b) of Pub. L. 96-
463 and also by section 32(d)(2) of Pub. L. 96-482.
    Subsec. (b). Pub. L. 96-482, Sec. 19(b)(2), inserted introductory 
phrase ``To assist the States in complying with section 6943(a)(3) of 
this title''. Amendment referring to section ``4003(3)'' was executed by 
translating ``4003(3)'' as section 6943(a)(3) of this title, in view of 
the designation of the existing provisions of section 6943 of this title 
as subsec. (a) of section 6943 of this title by section 5(b) of Pub. L. 
96-463 and also by section 32(d)(2) of Pub. L. 96-482.
    Subsec. (c). Pub. L. 96-482, Sec. 19(a), redesignated subsec. (c) as 
(a).

                          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 6943, 6946, 6948, 6949 of 
this title.
