42 U.S.C. § 6949a : US Code - Section 6949A: Adequacy of certain guidelines and criteria

Search 42 U.S.C. § 6949a : US Code - Section 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.
(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.