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. (b), was redesignated section 6943(a)(2) of this title by Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96–482, § 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. 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. § 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 manage- ment practice or disposal of solid waste or haz- ardous waste which constitutes the open dump- ing of solid waste or hazardous waste is prohib- ited, except in the case of any practice or dis- posal of solid waste under a timetable or sched- ule for compliance established under this sec- tion. 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) shall comply with such measures as may be promul- gated 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 al- ternatives to so comply, a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of reme- dial measures, including an enforceable se- quence of actions or operations, leading to com- pliance with the prohibition on open dumping of solid waste within a reasonable time (not to ex- ceed 5 years from the date of publication of cri- teria 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 co- operation of the Bureau of the Census shall pub- lish 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 Novem- ber 8, 1984, each State shall adopt and imple- ment 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 require- ment 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 sub- section 1 6944(a) of this title (as required by sec- tion 6949a(c) of this title), each State shall adopt and implement a permit program or other sys- tem or 2 prior approval and conditions, to assure that each solid waste management facility with- in 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