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42 U.S.C. § 6944 — Criteria for sanitary landfills; sanitary landfills required for all disposal

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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) 11 See References in Text note below. 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. **(c) Effective date** The prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a).

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Source file: Laws/federal/codes/united-states-code/title-42/section-6944-criteria-for-sanitary-landfills-sanitary-landfills-required-for-all-disp--088dfcf446.md
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Source location: Title 42, Chapter 82, § 6944; chapter-082-solid-waste-disposal.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6903 — Definitions

As used in this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3902 — Definitions

For the purposes of this chapter, the following definitions shall apply: (1) **Closure or close** — The term “closure or close” means the termination of operations at open dumps on Indian land or Alaska Native land and bringing such dumps into compliance with applicable Federal standards and regulations, or standards promulgated by an Indian tribal government or Alaska Native entity, if such standards are more stringent than the Federal standards and regulations. (2) **Director** — The term “Director” means the Director of the Indian Health Service. (3) **Indian land** — The term “Indian land” means— (A) land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (B) dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and (C) Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments. (4) **Alaska Native land** — The term “Alaska Native land” means (A) land conveyed or to be conveyed pursuant to the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], including any land reconveyed under section 14(c)(3) 11 See References in Text note below. of that Act ([43 U.S.C. 1613(c)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613/c/3&num=0&edition=prelim)), and (B) land conveyed pursuant to the Act of November 2, 1966 ([16 U.S.C. 1151](https://uscode.house.gov/vie

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907/a/3&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6972&num=0&edition=prelim) 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) 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 pub

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907/a&num=0&edition=prelim) and the criteria under [section 6944 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6944&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6944/a&num=0&edition=prelim) and under [section 6907(a)(3) of this title](https://uscode.ho

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6944 — Criteria for sanitary landfills; sanitary

Page 6982 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6944 1 See References in Text note below. 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be ‘‘of’’. § 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 no- tice and public hearings, the Administrator shall promulgate regulations containing criteria for determining which facilities shall be classi- fied as sanitary landfills and which shall be clas- sified as open dumps within the meaning of this chapter. At a minimum, such criteria shall pro- vide that a facility may be classified as a sani- tary 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 san- itary 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 pro- hibit the establishment of open dumps and con- tain a requirement that disposal of all solid waste within the State shall be in compliance with such section 6943(2) 1 of this title. (c) Effective date The prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a). (Pub. L. 89–272, title II, § 4004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98–616, title III, § 302(b), Nov. 8, 1984, 98 Stat. 3268.) Editorial Notes REFERENCES IN TEXT Section 6943(2) of this title, referred to in subsec

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