42 U.S.C. § 6945 — Upgrading of open dumps
submitted 50 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,460 words · no verdicts yet
This section prohibits open dumping, requires States to address listed open dumps, and permits compliance schedules in limited circumstances. It also establishes hazardous-disposal controls and a State-or-Federal permit framework for coal-combustion-residuals units.
(a) Existing open dumps. Once the Administrator* issues section 6907(a)(3) criteria, open dumping of solid or hazardous waste* is prohibited, except under a compliance timetable made under this section, and the ban is enforceable under section 6972. State* plans must require listed existing open dumps to follow the Administrator’s measures for eliminating or minimizing health hazards. If an entity has considered other public and private options but cannot use them, the plan may set an enforceable remedial schedule leading to compliance within a reasonable time, no more than 5 years after the criteria are published. (b) Inventory. Within 1 year after section 6944 regulations, the Administrator, with the Census Bureau, must publish an inventory of all United States disposal* facilities or sites that are open dumps. (c) Hazardous disposal. (1)(A) Within 36 months after November 8, 1984, each State must adopt and operate a permit or prior-approval system ensuring each facility that may receive hazardous household waste or small-quantity-generator hazardous waste covered by section 6921(d) complies with section 6944(a) and 6907(a)(3) criteria. (B) Within 18 months after revised section 6944(a) criteria, each State must adopt and operate such a system ensuring compliance with the revised criteria. (C) The Administrator decides whether each State program is adequate, possibly while approving a State plan. (2)(A) If a State lacks an adequate program by the (1)(B) date, the Administrator may enforce (a) against covered facilities under sections 6927 and 6928. (B) For this paragraph, section 6928’s "requirement of this subchapter" includes the Administrator’s criteria, and section 6927’s "hazardous wastes" includes solid waste* at facilities handling covered hazardous household or small-generator waste. (d) Coal combustion residuals. (1)(A) A State may submit evidence of a State permit or prior-approval system for coal-combustion-residuals units. If approved, it operates instead of direct application of 40 CFR part 257 or an Administrator permit program. (B) Within 180 days, after notice and comment, the Administrator must approve all or part if each unit must meet part 257 criteria or State criteria the Administrator finds at least equally protective after consulting the State. (C) The Administrator must approve site-specific State technical standards differing from part 257 if at least equally protective. (D) The Administrator must review approved programs as needed and at least every 12 years, within 3 years after revised criteria, within 1 year after an unauthorized significant release, or upon another State’s request based on possible adverse effects. The Administrator must give notice of deficiencies and a public-hearing opportunity if correction is needed, the State program is inadequate, or a permitted unit’s release affects or may affect another State’s waters or soil. (E) After notice and hearing opportunity, the Administrator must withdraw approval if deficiencies are not corrected; withdrawal ends when corrected. (2)(A) A nonparticipating State is one without approval, whose Governor has not submitted a program, whose Governor gives 90-day notice of relinquishment, or whose approval was withdrawn. (B) If appropriations specifically allow it, the Administrator must run a permit program in that State requiring each unit to meet part 257 criteria. (3) Part 257 criteria apply to every unit unless an approved State permit or an Administrator permit under (2)(B) is in effect. (4) The Administrator may enforce the open-dumping ban against units in nonparticipating States and, under (B), in approved States. In an approved State, the Administrator may act if the State requests help or the Administrator finds action likely necessary after considering other enforcement. The Administrator must notify the State before an order or civil action in the latter case and must report qualifying enforcement actions to the two listed congressional committees by December 31, 2017 and each later December 31, but not in years with no such action. (5) The Administrator must run a permit program for units in Indian country, as defined in 18 U.S.C. 1151, requiring part 257 compliance. (6) A unit is treated as a sanitary landfill* under this chapter only while operating under an approved State permit, an Administrator permit under (2)(B) or (5), or applicable part 257 criteria. (7) This subsection does not affect authority, regulatory determinations, other laws, or legal obligations existing the day before December 16, 2016.
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) 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).
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.
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.
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.
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.
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.
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.
Each State may submit to the Administrator, in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under State law for regulation by the State of coal combustion residuals units that are located in the State that, after approval by the Administrator, will operate in lieu of regulation of coal combustion residuals units in the State by—
application of part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title); or
implementation by the Administrator of a permit program under paragraph (2)(B).
Not later than 180 days after the date on which a State submits the evidence described in subparagraph (A), the Administrator, after public notice and an opportunity for public comment, shall approve, in whole or in part, a permit program or other system of prior approval and conditions submitted under subparagraph (A) if the Administrator determines that the program or other system requires each coal combustion residuals unit located in the State to achieve compliance with—
the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title); or
such other State criteria that the Administrator, after consultation with the State, determines to be at least as protective as the criteria described in clause (i).
The Administrator shall approve under subparagraph (B)(ii) a State permit program or other system of prior approval and conditions that allows a State to include technical standards for individual permits or conditions of approval that differ from the criteria under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title) if, based on site-specific conditions, the Administrator determines that the technical standards established pursuant to a State permit program or other system are at least as protective as the criteria under that part.
The Administrator shall review a State permit program or other system of prior approval and conditions that is approved under subparagraph (B)—
from time to time, as the Administrator determines necessary, but not less frequently than once every 12 years;
not later than 3 years after the date on which the Administrator revises the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title);
not later than 1 year after the date of a significant release (as defined by the Administrator), that was not authorized at the time the release occurred, from a coal combustion residuals unit located in the State; and
on request of any other State that asserts that the soil, groundwater, or surface water of the State is or is likely to be adversely affected by a release or potential release from a coal combustion residuals unit located in the State for which the program or other system was approved.
The Administrator shall provide to a State notice of deficiencies with respect to the permit program or other system of prior approval and conditions of the State that is approved under subparagraph (B), and an opportunity for a public hearing, if the Administrator determines that—
a revision or correction to the permit program or other system of prior approval and conditions of the State is necessary to ensure that the permit program or other system of prior approval and conditions continues to ensure that each coal combustion residuals unit located in the State achieves compliance with the criteria described in clauses (i) and (ii) of subparagraph (B);
the State has not implemented an adequate permit program or other system of prior approval and conditions that requires each coal combustion residuals unit located in the State to achieve compliance with the criteria described in subparagraph (B); or
the State has, at any time, approved or failed to revoke a permit for a coal combustion residuals unit, a release from which adversely affects or is likely to adversely affect the soil, groundwater, or surface water of another State.
The Administrator shall withdraw approval of a State permit program or other system of prior approval and conditions if, after the Administrator provides notice and an opportunity for a public hearing to the relevant State under subparagraph (D)(ii), the Administrator determines that the State has not corrected the deficiencies identified by the Administrator under subparagraph (D)(ii).
Any withdrawal of approval under clause (i) shall cease to be effective on the date on which the Administrator makes a determination that the State has corrected the deficiencies identified by the Administrator under subparagraph (D)(ii).
In this paragraph, the term “nonparticipating State” means a State—
for which the Administrator has not approved a State permit program or other system of prior approval and conditions under paragraph (1)(B);
the Governor of which has not submitted to the Administrator for approval evidence to operate a State permit program or other system of prior approval and conditions under paragraph (1)(A);
the Governor of which provides notice to the Administrator that, not fewer than 90 days after the date on which the Governor provides the notice to the Administrator, the State will relinquish an approval under paragraph (1)(B) to operate a permit program or other system of prior approval and conditions; or
for which the Administrator has withdrawn approval for a permit program or other system of prior approval and conditions under paragraph (1)(E).
In the case of a nonparticipating State and subject to the availability of appropriations specifically provided in an appropriations Act to carry out a program in a nonparticipating State, the Administrator shall implement a permit program to require each coal combustion residuals unit located in the nonparticipating State to achieve compliance with applicable criteria established by the Administrator under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title).
The applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title), shall apply to each coal combustion residuals unit in a State unless—
a permit under a State permit program or other system of prior approval and conditions approved by the Administrator under paragraph (1)(B) is in effect for the coal combustion residuals unit; or
a permit issued by the Administrator in a State in which the Administrator is implementing a permit program under paragraph (2)(B) is in effect for the coal combustion residuals unit.
The Administrator may use the authority provided by sections 6927 and 6928 of this title to enforce the prohibition on open dumping under subsection (a) with respect to a coal combustion residuals unit—
in a nonparticipating State (as defined in paragraph (2)); and
located in a State that is approved to operate a permit program or other system of prior approval and conditions under paragraph (1)(B), in accordance with subparagraph (B) of this paragraph.
In the case of a coal combustion residuals unit located in a State that is approved to operate a permit program or other system of prior approval and conditions under paragraph (1)(B), the Administrator may commence an administrative or judicial enforcement action under section 6928 of this title if—
the State requests that the Administrator provide assistance in the performance of an enforcement action; or
after consideration of any other administrative or judicial enforcement action involving the coal combustion residuals unit, the Administrator determines that an enforcement action is likely to be necessary to ensure that the coal combustion residuals unit is operating in accordance with the criteria established under the permit program or other system of prior approval and conditions.
In the case of an enforcement action by the Administrator under clause (i)(II), before issuing an order or commencing a civil action, the Administrator shall notify the State in which the coal combustion residuals unit is located.
Subject to subclause (II), not later than December 31, 2017, and December 31 of each year thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes any enforcement action commenced under clause (i), including a description of the basis for the enforcement action.
Subclause (I) shall not apply for any calendar year during which the Administrator does not commence an enforcement action under clause (i).
The Administrator shall establish and carry out a permit program, in accordance with this subsection, for coal combustion residuals units in Indian country (as defined in section 1151 of title 18) to require each coal combustion residuals unit located in Indian country to achieve compliance with the applicable criteria established by the Administrator under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title).
A coal combustion residuals unit shall be considered to be a sanitary landfill* for purposes of this chapter, including subsection (a), only if the coal combustion residuals unit is operating in accordance with—
the requirements of a permit issued by—
the State in accordance with a program or system approved under paragraph (1)(B); or
the Administrator pursuant to paragraph (2)(B) or paragraph (5); or
the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 6907(a)(3) and 6944(a) of this title).
Nothing in this subsection affects any authority, regulatory determination, other law, or legal obligation in effect on the day before December 16, 2016.
Source credit: (Pub. L. 89–272, title II, § 4005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 96–482, § 19(a), (b), Oct. 21, 1980, 94 Stat. 2345; Pub. L. 98–616, title III, § 302(c), title IV, § 403(c), title V, § 502(c), Nov. 8, 1984, 98 Stat. 3268, 3272, 3276; Pub. L. 114–322, title II, § 2301, Dec. 16, 2016, 130 Stat. 1736.)
- 1976Enacted · Pub. L. 89-272 · 90 Stat. 2815
- 1980Amended · Pub. L. 96-482 · 94 Stat. 2345
- 1984Amended · Pub. L. 98-616 · 98 Stat. 3268, 3272, 3276
- 2016Amended · Pub. L. 114-322 · 130 Stat. 1736
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1976-10-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case