§6936 Expansion during interim status

Summary

Owners or operators of waste piles, landfills, or surface impoundments that are allowed to operate temporarily must follow the same liner and leachate collection rules used for new permitted facilities. That means the protections in place before October 1, 1982, or later changed under the minimum-technology rules, apply to any new unit, any replaced unit, or any sideways expansion inside the waste area identified in the permit application. These rules apply to waste accepted starting six months after November 8, 1984. Before taking waste, the owner must tell the EPA (or the State) at least 60 days ahead. After that notice, the EPA or State must require the owner to file for a final permit decision within six months. If a unit already has a liner and leachate system installed in good faith under these rules and guidance, the EPA generally cannot demand a different system when issuing the first permit unless it believes the liner is leaking. The EPA can change liner and collection rules later if more protection is needed.