42 U.S.C. § 6936 — Expansion during interim status
submitted 42 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 458 words · no verdicts yet
Interim-status waste piles, landfills, and surface impoundments must meet specified liner, leachate, and technology requirements when they add or expand units or receive waste after the stated date. The section also sets notice, permit, and possible replacement-liner rules.
(a) Waste piles. An owner* or operator of a waste pile authorized to operate under section 6925(e) must meet the same liner and leachate-collection or equivalent-protection requirements that the Administrator* issued before October 1, 1982, or revised under section 6924(o), for new individually permitted facilities. This applies to each new unit, replacement unit, or lateral expansion within the waste-management area identified in the section 6925 application, and to waste received beginning six months after November 8, 1984.
(b) Landfills and surface impoundments. (1) Their owners or operators must meet section 6924(o) minimum-technology requirements for each new unit, replacement, or lateral expansion within the identified waste-management area, and for waste received beginning six months after November 8, 1984. (2) The owner or operator must notify the Administrator, or the State* when appropriate, at least 60 days before receiving waste. The Administrator or State must require a final-permit application within six months after receiving the notice. (3) If a unit’s liner and leachate system was installed under this section in good-faith compliance with the Administrator’s regulations and guidance, the Administrator may not require a different system when issuing the facility’s first section 6925 permit. The Administrator may require a new liner if there is reason to believe the installed liner leaks, and may amend requirements under section 6924 when needed for additional health or environmental protection.
The owner* or operator of a waste pile qualifying for the authorization to operate under section 6925(e) of this title shall be subject to the same requirements for liners and leachate collection systems or equivalent protection provided in regulations promulgated by the Administrator* under section 6924 of this title before October 1, 1982, or revised under section 6924(o) of this title (relating to minimum technological requirements), for new facilities receiving individual permits under subsection (c) of section 6925 of this title, with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under section 6925 of this title, and with respect to waste received beginning six months after November 8, 1984.
The owner or operator of a landfill or surface impoundment qualifying for the authorization to operate under section 6925(e) of this title shall be subject to the requirements of section 6924(o) of this title (relating to minimum technological requirements), with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under this section, and with respect to waste received beginning 6 months after November 8, 1984.
The owner or operator of each unit referred to in paragraph (1) shall notify the Administrator (or the State*, if appropriate) at least sixty days prior to receiving waste. The Administrator (or the State) shall require the filing, within six months of receipt of such notice, of an application for a final determination regarding the issuance of a permit for each facility submitting such notice.
In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of this section and in good faith compliance with the Administrator’s regulations and guidance documents governing liners and leachate collection systems, no liner or leachate collection system which is different from that which was so installed pursuant to this section shall be required for such unit by the Administrator when issuing the first permit under section 6925 of this title to such facility, except that the Administrator shall not be precluded from requiring installation of a new liner when the Administrator has reason to believe that any liner installed pursuant to the requirements of this section is leaking. The Administrator may, under section 6924 of this title, amend the requirements for liners and leachate collection systems required under this section as may be necessary to provide additional protection for human health and the environment.
Source credit: (Pub. L. 89–272, title II, § 3015, as added Pub. L. 98–616, title II, § 243(a), Nov. 8, 1984, 98 Stat. 3260.)
- 1984Enacted · Pub. L. 89-272 · 98 Stat. 3260
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1984-11-08.
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