§6944 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Administrator must write rules within one year after October 21, 1976, after talking with the States and holding public hearings and giving notice, to decide which waste sites are sanitary landfills and which are open dumps. The rules must say that a site can be called a sanitary landfill only if there is no reasonable chance it will harm people’s health or the environment. The rules may also define different kinds of sanitary landfills. Each State plan must ban open dumps and require that all solid waste disposal in the State follow section 6943(2) of this title. That ban starts six months after the rules required above are issued under subsection (a).

Title 42, §6944

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than one year after October 21, 1976, after consultation with the States, and after notice and public hearings, the Administrator shall promulgate regulations containing criteria for determining which facilities shall be classified as sanitary landfills and which shall be classified as open dumps within the meaning of this chapter. At a minimum, such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills.

(b)For purposes of complying with section 6943(2) 11 See References in Text note below. of this title each State plan shall prohibit the establishment of open dumps and contain a requirement that disposal of all solid waste within the State shall be in compliance with such section 6943(2) 1 of this title.

(c)The prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 6943(2) of this title, referred to in subsec. (b), was redesignated section 6943(a)(2) of this title by Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96–482, § 32(d)(2), Oct. 21, 1980, 94 Stat. 2353.

Amendments

1984—Subsec. (c). Pub. L. 98–616 struck out “or on the date of approval of the State plan, whichever is later” at end.

Executive Documents

Transfer of Functions

For transfer of certain

Enforcement

functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

§6944 Criteria for sanitary landfills; sanitary landfills required for all disposal