42 U.S.C. § 6945 : US Code - Section 6945: Upgrading of open dumps

Search 42 U.S.C. § 6945 : US Code - Section 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.
(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.