
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: 42USC6949a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
           SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS
 
Sec. 6949a. Adequacy of certain guidelines and criteria


(a) Study

    The Administrator shall conduct a study of the extent to which the 
guidelines and criteria under this chapter (other than guidelines and 
criteria for facilities to which subchapter III of this chapter applies) 
which are applicable to solid waste management and disposal facilities, 
including, but not limited to landfills and surface impoundments, are 
adequate to protect human health and the environment from ground water 
contamination. Such study shall include a detailed assessment of the 
degree to which the criteria under section 6907(a) of this title and the 
criteria under section 6944 of this title regarding monitoring, 
prevention of contamination, and remedial action are adequate to protect 
ground water and shall also include recommendation with respect to any 
additional enforcement authorities which the Administrator, in 
consultation with the Attorney General, deems necessary for such 
purposes.

(b) Report

    Not later than thirty-six months after November 8, 1984, the 
Administrator shall submit a report to the Congress setting forth the 
results of the study required under this section, together with any 
recommendations made by the Administrator on the basis of such study.

(c) Revisions of guidelines and criteria

                           (1) In general

        Not later than March 31, 1988, the Administrator shall 
    promulgate revisions of the criteria promulgated under paragraph (1) 
    of section 6944(a) of this title and under section 6907(a)(3) of 
    this title for facilities that may receive hazardous household 
    wastes or hazardous wastes from small quantity generators under 
    section 6921(d) of this title. The criteria shall be those necessary 
    to protect human health and the environment and may take into 
    account the practicable capability of such facilities. At a minimum 
    such revisions for facilities potentially receiving such wastes 
    should require ground water monitoring as necessary to detect 
    contamination, establish criteria for the acceptable location of new 
    or existing facilities, and provide for corrective action as 
    appropriate.

                      (2) Additional revisions

        Subject to paragraph (3), the requirements of the criteria 
    described in paragraph (1) relating to ground water monitoring shall 
    not apply to an owner or operator of a new municipal solid waste 
    landfill unit, an existing municipal solid waste landfill unit, or a 
    lateral expansion of a municipal solid waste landfill unit, that 
    disposes of less than 20 tons of municipal solid waste daily, based 
    on an annual average, if--
            (A) there is no evidence of ground water contamination from 
        the municipal solid waste landfill unit or expansion; and
            (B) the municipal solid waste landfill unit or expansion 
        serves--
                (i) a community that experiences an annual interruption 
            of at least 3 consecutive months of surface transportation 
            that prevents access to a regional waste management 
            facility; or
                (ii) a community that has no practicable waste 
            management alternative and the landfill unit is located in 
            an area that annually receives less than or equal to 25 
            inches of precipitation.

              (3) Protection of ground water resources

        (A) Monitoring requirement

            A State may require ground water monitoring of a solid waste 
        landfill unit that would otherwise be exempt under paragraph (2) 
        if necessary to protect ground water resources and ensure 
        compliance with a State ground water protection plan, where 
        applicable.

        (B) Methods

            If a State requires ground water monitoring of a solid waste 
        landfill unit under subparagraph (A), the State may allow the 
        use of a method other than the use of ground water monitoring 
        wells to detect a release of contamination from the unit.

        (C) Corrective action

            If a State finds a release from a solid waste landfill unit, 
        the State shall require corrective action as appropriate.

                     (4) No-migration exemption

        (A) In general

            Ground water monitoring requirements may be suspended by the 
        Director of an approved State for a landfill operator if the 
        operator demonstrates that there is no potential for migration 
        of hazardous constituents from the unit to the uppermost aquifer 
        during the active life of the unit and the post-closure care 
        period.

        (B) Certification

            A demonstration under subparagraph (A) shall be certified by 
        a qualified ground-water scientist and approved by the Director 
        of an approved State.

        (C) Guidance

            Not later than 6 months after March 26, 1996, the 
        Administrator shall issue a guidance document to facilitate 
        small community use of the no migration \1\ exemption under this 
        paragraph.
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    \1\ So in original. Probably should be ``no-migration''.
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                     (5) Alaska Native villages

        Upon certification by the Governor of the State of Alaska that 
    application of the requirements described in paragraph (1) to a 
    solid waste landfill unit of a Native village (as defined in section 
    1602 of title 43) or unit that is located in or near a small, remote 
    Alaska village would be infeasible, or would not be cost-effective, 
    or is otherwise inappropriate because of the remote location of the 
    unit, the State may exempt the unit from some or all of those 
    requirements. This paragraph shall apply only to solid waste 
    landfill units that dispose of less than 20 tons of municipal solid 
    waste daily, based on an annual average.

          (6) Further revisions of guidelines and criteria

        Recognizing the unique circumstances of small communities, the 
    Administrator shall, not later than two years after March 26, 1996, 
    promulgate revisions to the guidelines and criteria promulgated 
    under this subchapter to provide additional flexibility to approved 
    States to allow landfills that receive 20 tons or less of municipal 
    solid waste per day, based on an annual average, to use alternative 
    frequencies of daily cover application, frequencies of methane gas 
    monitoring, infiltration layers for final cover, and means for 
    demonstrating financial assurance: Provided, That such alternative 
    requirements take into account climatic and hydrogeologic conditions 
    and are protective of human health and environment.

(Pub. L. 89-272, title II, Sec. 4010, as added Pub. L. 98-616, title 
III, Sec. 302(a)(1), Nov. 8, 1984, 98 Stat. 3267; amended Pub. L. 104-
119, Sec. 3(a), Mar. 26, 1996, 110 Stat. 831.)


                               Amendments

    1996--Subsec. (c). Pub. L. 104-119 designated existing provisions as 
par. (1), inserted heading, and added pars. (2) to (6).


                  Reinstatement of Regulatory Exemption

    Section 3(b) of Pub. L. 104-119 provided that: ``It is the intent of 
section 4010(c)(2) of the Solid Waste Disposal Act [42 U.S.C. 
6949a(c)(2)], as added by subsection (a), to immediately reinstate 
subpart E of part 258 of title 40, Code of Federal Regulations, as added 
by the final rule published at 56 Federal Register 50798 on October 9, 
1991.''

                  Section Referred to in Other Sections

    This section is referred to in section 6945 of this title.
