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42 U.S.C. § 6949a — Adequacy of certain guidelines and criteria

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

42 U.S.C. § 6949a — Adequacy of certain guidelines and criteria

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Source file: Laws/federal/codes/united-states-code/title-42/section-6949a-adequacy-of-certain-guidelines-and-criteria--c932100c07.md
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Source location: Title 42, Chapter 82, § 6949a; chapter-082-solid-waste-disposal.md

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**(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.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6907/a/3&num=0&edition=prelim) for facilities that may receive hazardous household wastes or hazardous wastes from small quantity generators under [section 6921(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921/d&num=0&edition=prelim). 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 11 So in original. Probably should be “no-migration”. exemption under this paragraph. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)) 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.

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

43 U.S.C. § 1602 — Definitions

For the purposes of this chapter, the term— **(a)** “Secretary” means the Secretary of the Interior; **(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final; **(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives; **(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality; **(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal

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

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

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

42 U.S.C. § 6949a — Adequacy of certain guidelines and cri-

Page 6991 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6949a plete classification of this Act to the Code, see Short title note set out under section 1251 of title 33 and Ta- bles. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2008—Subsec. (e). Pub. L. 110–246, § 6009(b), added sub- sec. (e). 1980—Subsec. (d). Pub. L. 96–482 authorized appropria- tion of $10,000,000, $15,000,000, and $15,000,000 for fiscal years 1980, 1981, 1982, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 6949a. Adequacy of certain guidelines and cri- teria (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 ap- plies) which are applicable to solid waste man- agement and disposal facilities, including, but not limited to landfills and surface impound- ments

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