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Laws Pertaining to Municipal Solid Waste Landfills and Clean Water Third Amendment Military intrusion into the rights of the citizenry Title III SARA Community right to know after a toxic release U.S.Code title 33 & 1268 Great Lakes 40 CFR 241 Subpart B Site Selection 40 CFR 258 Subpart B Location Restrictions 40 CFR 268.50 Prohibitions on Storage of Restricted Waste U.S.Code title 42 chapter 103 & 9604 Response Authorities U.S.Code title 42 chapter 103 & 9606 Abatement U.S.Code title 42 chapter 103 & 9618 High Priority for Drinking Water Supplies U.S.Code title 42 chapter 103 & 9621 Cleanup Standards 40 CFR (Code of Federal Regulations) 241.200 Subpart B_Requirements and Recommended Procedures 241.200 Solid wastes accepted. 241.200-1 Requirement. In consultation with the responsible agencies the owner/operator shall determine what wastes shall be accepted and shall identify any special handling required. In general, only wastes for which the facility has been specifically designed shall be accepted; however, other wastes may be accepted if it has been demonstrated to the responsible agency that they can be satisfactorily disposed with the design capability of the facility or after appropriate facility modifications. 241.200-2 Recommended procedures: Design. The plans should specify the procedures to be employed for wastes requiring special handling. 241.200-3 Recommended procedures: Operations. (a) Routine sanitary landfill techniques of spreading and compacting solid wastes and placing cover material at the end of each operating day should be used to dispose of municipal solid wastes. (b) Certain bulky wastes, such as automobile bodies, furniture, and appliances may be salvaged in a controlled manner at a point other than the working face. Otherwise, they should be crushed on solid ground and then pushed onto the working face near the bottom of the cell. Other bulky items, such as demolition and construction debris, tree stumps, and large timbers, should be pushed onto the working face near the bottom of the cell. (c) Procedures for disposing of dead animals have been established by law in most States, and the operation should comply accordingly. In most cases, small carcasses should be placed on the working face with other municipal solid wastes and covered immediately. In the absence of applicable State laws, large carcasses should be placed in a pit and provided with a cover of compacted soil or other suitable material to encourage runoff of precipitation. (d) Water treatment plant sludges containing no free moisture and digested or heat treated waste water treatment plant sludges containing no free moisture should be placed on the working face along with municipal solid wastes and covered with soil or municipal solid wastes. The quantities accepted should be determined by operational problems encountered at the working face. (e) Incinerator and air pollution control residues containing no free moisture should be incorporated into the working face and covered at such intervals as necessary to prevent them from becoming airborne. 241.201 Solid wastes excluded. 241.201-1 Requirement. Using information supplied by the waste generator/owner, the responsible agency and the disposal site owner/operator shall jointly determine specific wastes to be excluded and shall identify them in the plans. The generator/owner of excluded wastes shall consult with the responsible agency in determining an alternative method of disposal for excluded wastes. The criteria used in considering whether a waste is unacceptable shall include the hydrogeology of the site, the chemical and biological characteristics of the waste, alternative methods available, environmental and health effects, and the safety of personnel. Disposal of pesticides and pesticide containers shall be consistent with the Federal Environmental Pesticides Control Act of 1972 (Pub. L. 92-516) and recommended procedures and regulations promulgated thereunder. 241.201-2 Recommended procedures: Design. Under certain circumstances it may be necessary to accept special wastes at land disposal sites. The following special wastes require specific approval of the responsible agency for acceptance at the site: Hazardous wastes, infectious institutional wastes, bulk liquids and semi-liquids, sludges containing free moisture, highly flammable or volatile substances, raw animal manure, septic tank pumpings, raw sewage sludge, and certain industrial process wastes. Where the use of the disposal site for such wastes is planned, a special assessment is required of the following items: The site characteristics, nature and quantities of the waste, and special design and operations precautions to be implemented to insure environmentally safe disposal. 241.201-3 Recommended procedures: Operations. Regular users of the land disposal site should be provided with a list of the materials to be excluded. The list should also be displayed prominently at the site entrance. If a regular user persists in making unacceptable deliveries, he should be barred from the site and reported to the responsible agency. 241.202 Site selection. 241.202-1 Requirement. Site selection and utilization shall be consistent with public health and welfare, and air and water quality standards and adaptable to appropriate land-use plan. 241.202-2 Recommended procedures: Design. (a) The hydrogeology of the site should be evaluated in order to design site development in a manner to protect or minimize the impact on groundwater resources. Unacceptable hydrogeologic conditions may be altered to render the site acceptable, but all alterations should be detailed in the plans. Precipitation, evapo-trans-pi-ra-tion, and other clima-to-logical conditions should be considered in site selection and design. (b) Characteristics of on-site soil should be evaluated with respect to their effects on site operations, such as vehicle maneuverability and use as cover material. (c) Environmental factors, climatological conditions, and socioeconomic factors should be given full consideration as selection criteria. (d) The site should be accessible to vehicles which the site is designed to serve by all-weather roads leading from the public road system; temporary roads should be provided as needed to deliver wastes to the working face. (e) The site should not be located in an area where the attraction of birds would pose a hazard to low-flying aircraft. 241.202-3 Recommended procedures: Operations. Not applicable. 241.203 Design. 241.203-1 Requirement. Plans for the design, construction, and operation of new sites or modifications to existing sites shall be prepared or approved by a professional engineer. The plans shall be submitted to the responsible agency for review and, if warranted, approval. 241.203-2 Recommended procedures: Design. (a) The types and quantities of all solid wastes expected to be disposed of at the facility should be determined by survey and analysis to form a basis for design. (b) Site development plans should be prepared or approved by a professional engineer and should include: The various design factors addressed elsewhere in the guidelines, as well as: (1) Initial and final topographies at contour intervals of 5 feet or less. (2) Land use and zoning within one-quarter mile of the site including location of all residents, buildings, wells, water courses, arroyos, rock out-crop-pings, roads, and soil or rock borings. All airports within the vicinity of the site should be identified to aid in assessing the potential hazard of birds to aircraft. (3) Location of all utilities within 500 feet of the site. (4) Employee convenience and equipment maintenance facilities. (5) Narrative descriptions, with associated drawings, indicating site development and operation procedures. (c) Plans should describe the projected use of the completed land disposal site. In addition to maintenance programs and provisions, where necessary, for monitoring and controlling decomposition gases and leachate, the plans should address the following ultimate use criteria: (1) Cultivated area. The major concern if the completed site is to be cultivated is that the integrity of the final cover not be disturbed by agricultural cultivation activities. In this regard, a sufficient depth of cover material to allow cultivation and to support vegetation should be applied in addition to that recommended for final cover. (2) Structures. It is not recommended practice to construct major structures on a completed land disposal site. If major structures are to be built near a completed land disposal site, a professional engineer should approve their design and construction including provision for protection against potential hazards of solid waste decomposition gases. 241.203-3 Recommended procedures: Operations. Not applicable. 241.204 Water quality. 241.204-1 Requirement. The location, design, construction, and operation of the land disposal site shall conform to the most stringent of applicable water quality standards established in accordance with or effective under the provisions of the Federal Water Pollution Control Act, as amended. In the absence of such standards, the land disposal site shall be located, designed, constructed and operated in such a manner as to provide adequate protection to ground and surface waters used as drinking water supplies. 241.204-2 Recommended procedures: Design. (a) Plans should include: (1) Current and projected use of water resources in the potential zone of influence of the land disposal site. (2) Groundwater elevation and movement and proposed separation between the lowest point of the lowest cell and the predicted maximum water table elevation. (3) Potential interrelationship of the land disposal site, local aquifers, and surface waters based on historical records or other sources of information. (4) Background and initial quality of water resources in the potential zone of influence of the land disposal site. (5) Proposed location of observation wells, sampling stations, and testing program planned, when appropriate. (6) Description of soil and other geologic material to a depth adequate to allow evaluation of the water quality protection provided by the soil and other geologic material. (7) Provision for surface water runoff control to minimize infiltration and erosion of cover material. (8) Potential of leachate generation and proposed control systems, where necessary, for the protection of ground and surface water resources. (b) If a land disposal site is located in a flood plain, it should be protected against at least the 50-year design flood by impervious dikes and other appropriate means to prevent the floodwaters from contacting municipal solid waste. 241.204-3 Recommended procedures: Operations. (a) Surface water courses and runoff should be diverted from the land disposal site (especially from the working face) by means such as trenches, conduits, and proper grading. The land disposal site should be constructed and graded so as to promote rapid surface water runoff without excessive erosion. Regrading should be done as required during construction and after completion to avoid ponding of precipitation and to maintain cover material integrity. (b) Siltation or retention basins or other approved methods of retarding runoff should be used where necessary to avoid stream siltation or flooding problems due to excessive runoff. (c) Leachate collection and treatment systems should be used where necessary to protect ground and surface water resources. (d) Municipal solid wastes and leachate there from should not be allowed to contact ground or surface water so as to impair the water's use. 241.205 Air quality. 241.205-1 Requirement. The design, construction, and operation of the land disposal site shall conform to applicable ambient air quality standards and source control regulations established under the authority of the Clean Air Act, as amended, or State or local standards effective under that Act, if the latter are more stringent. 40 Code of Federal Regulations (CFR) 258.27 Surface water requirements. MSWLF units shall not: (a) Cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) requirements, pursuant to section 402. (b) Cause the discharge of a nonpoint source of pollution to waters of the United States, including wetlands, that violates any requirement of an area-wide or State-wide water quality management plan that has been approved under section 208 or 319 of the Clean Water Act, as amended. 258.28 Liquids restrictions. (a) Bulk or noncontainerized liquid waste may not be placed in MSWLF units unless: (1) The waste is household waste other than septic waste; or (2) The waste is leachate or gas condensate derived from the MSWLF unit and the MSWLF unit, whether it is a new or existing MSWLF, or lateral expansion, is designed with a composite liner and leachate collection system as described in 258.40(a)(2) of this part. The owner or operator must place the demonstration in the operating record and notify the State Director that it has been placed in the operating record. (b) Containers holding liquid waste may not be placed in a MSWLF unit unless: (1) The container is a small container similar in size to that normally found in household waste; (2) The container is designed to hold liquids for use other than storage; or (3) The waste is household waste. (c) For purposes of this section: (1) Liquid waste means any waste material that is determined to contain ``free liquids'' as defined by Method 9095 (Paint Filter Liquids Test), as described in ``Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods'' (EPA Pub. No. SW-846). (2) Gas condensate means the liquid generated as a result of gas recovery process(es) at the MSWLF unit. 258.40 Design criteria. (a) New MSWLF units and lateral expansions shall be constructed: (1) In accordance with a design approved by the Director of an approved State or as specified in 258.40(e) for unapproved States. The design must ensure that the concentration values listed in Table 1 of this section will not be exceeded in the uppermost aquifer at the relevant point of compliance, as specified by the Director of an approved State under paragraph (d) of this section, or (2) With a composite liner, as defined if paragraph (b) of this section and a leachate collection system that is designed and constructed to maintain less than a 30-cm depth of leachate over the liner. (b) For purposes of this section, composite liner means a system consisting of two components; the upper component must consist of a minimum 30-mil flexible membrane liner (FML), and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 10G5^7K cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-mil thick. The FML component must be installed in direct and uniform -contact with the compacted soil com-ponent. (c) When approving a design that complies with paragraph (a)(1) of this section, the Director of an approved State shall consider at least the following factors: (1) The hydrogeologic characteristics of the facility and surrounding land; (2) The climatic factors of the area; -and (3) The volume and physical and chemical characteristics of the -leachate. (d) The relevant point of compliance specified by the Director of an approved State shall be no more than 150 meters from the waste management unit boundary and shall be located on land owned by the owner of the MSWLF unit. In determining the relevant point of compliance State Director shall consider at least the following factors: (1) The hydrogeologic characteristics of the facility and surrounding land; (2) The volume and physical and chemical characteristics of the leachate; (3) The quantity, quality, and direction, of flow of ground water; (4) The proximity and withdrawal rate of the ground-water users; (5) The availability of alternative drinking water supplies; (6) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water, and whether the ground water is currently used or reasonably expected to be used for drinking water; (7) Public health, safety, and welfare effects; and (8) Practicable capability of the owner or operator. (e) If EPA does not promulgate a rule establishing the procedures and requirements for State compliance with RCRA section 4005(c)(1)(B) by October 9, 1993, owners and operators in unapproved States may utilize a design meeting the performance standard in 258.40(a)(1) if the following conditions are met: (1) The State determines the design meets the performance standard in 258.40(a)(1); The State petitions EPA to review its determination; and EPA approves the State determination or does not disapprove the determination within 30 days. Note to subpart D: 40 CFR part 239 is reserved to establish the procedures and requirements for State compliance with RCRA section 4005(c)(1)(B).c2,L2,i1,s10,2.5 Table 1 Chemical MCL (mg/l) Arsenic 0.05 Barium 1.0 Benzene 0.005 Cadmium 0.01 Carbon tetrachloride 0.005 Chromium (hexavalent) 0.05 2,4-Dichlorophenoxy acetic acid 0.1 1,4-Dichlorobenzene 0.075 1,2-Dichloroethane 0.005 1,1-Dichloroethylene 0.007 Endrin 0.0002 Fluoride D4 Lindane 0.004 Lead 0.05 Mercury 0.002 Methoxychlor 0.1 Nitrate 10 Selenium 0.01 Silver 0.05 Toxaphene 0.005 1,1,1-Trichloromethane 0.2 Trichloroethylene 0.005 2,4,5-Trichlorophenoxy acetic acid 0.01 Vinyl Chloride 0.002 Subpart E_Prohibitions on Storage 40 CFR 268.50 Prohibitions on storage of restricted wastes. (a) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under subpart C of this part of RCRA section 3004 is prohibited, unless the following conditions are met: (1) A generator stores such wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in 262.34 and parts 264 and 265 of this chapter. (2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and: (i) Each container is clearly marked to identify its contents and the date each period of accumulation begins; (ii) Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator must comply with the operating record requirements specified in 264.73 or 265.73. (3) A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less. (b) An owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal. (c) A owner/operator of a treatment, storage or disposal facility may store such wastes beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal. (d) If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under 268.5, an approved 268.6 petition, or a national capacity variance under subpart C), the prohibition in paragraph (a) of this section does not apply during the period of such exemption. (e) The prohibition in paragraph (a) of this section does not apply to hazardous wastes that meet the treatment standards specified under 268.41, 268.42, and 268.43 or the treatment standards specified under the variance in 268.44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in 268.32 or RCRA section 3004. (f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) and must be removed from storage and treated or disposed as required by this part within one year of the date when such wastes are first placed into storage. The provisions of paragraph (c) of this section do not apply to such PCB wastes prohibited under 268.32 of this part. UNITED STATES CODE TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 1268. Great Lakes (a) Findings, purpose, and definitions (1) Findings The Congress finds that - (A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations as an important source of food, fresh water, recreation, beauty, and enjoyment; (B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and (C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. (2) Purpose It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, through improved organization and definition of mission on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement. (3) Definitions For purposes of this section, the term - (A) ''Agency'' means theEnvironmental Protection Agency; (B) ''Great Lakes'' means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border); (C) ''Great Lakes System'' means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes; (D) ''Program Office'' means the Great Lakes National Program Office established by this section; (E) ''Research Office'' means the Great Lakes Research Office established by subsection (d) of this section; (F) ''area of concern'' means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such under Annex 2 of the Great Lakes Water Quality Agreement; (G) ''Great Lakes States'' means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (H) ''Great Lakes Water Quality Agreement'' means the bilateral agreement, between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987; (I) ''Lakewide Management Plan'' means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of the open waters of the Great Lakes, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement; and (J) ''Remedial Action Plan'' means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement. UNITED STATES CODE TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9618. High priority for drinking water supplies. For purposes of taking action under section 9604 or 9606 of this title and listing facilities on the National Priorities List, the President shall give a high priority to facilities where the release of hazardous substances or pollutants or contaminants has resulted in the closing of drinking water wells or has contaminated a principal drinking water supply. UNITED STATES CODE TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 103 - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY SUBCHAPTER I - HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9621. Cleanup standards (a) Selection of remedial action The President shall select appropriate remedial actions determined to be necessary to be carried out under section 9604 of this title or secured under section 9606 of this title which are in accordance with this section and, to the extent practicable, the national contingency plan, and which provide for cost-effective response. In evaluating the cost effectiveness of proposed alternative remedial actions, the President shall take into account the total short- and long-term costs of such actions, including the costs of operation and maintenance for the entire period during which such activities will be required. (b) General rules Remedial actions in which treatment which permanently and significantly reduces the volume, toxicity or mobility of the hazardous substances, pollutants, and contaminants is a principal element, are to be preferred over remedial actions not involving such treatment. The offsite transport and disposal of hazardous substances or contaminated materials without such treatment should be the least favored alternative remedial action where practicable treatment technologies are available. The President shall conduct an assessment of permanent solutions and alternative treatment technologies or resource recovery technologies that, in whole or in part, will result in a permanent and significant decrease in the toxicity, mobility, or volume of the hazardous substance, pollutant, or contaminant. In making such assessment, the President shall specifically address the long-term effectiveness of various alternatives. In assessing alternative remedial actions, the President shall, at a minimum, take into account: (A) the long-term uncertainties associated with land disposal; (B) the goals, objectives, and requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (C) the persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous substances and their constituents; (D) short- and long-term potential for adverse health effects from human exposure; (E) long-term maintenance costs; (F) the potential for future remedial action costs if the alternative remedial action in question were to fail; and (G) the potential threat to human health and the environment associated with excavation, transportation, and redisposal, or containment. The President shall select a remedial action that is protective of human health and the environment, that is cost effective, and that utilizes permanent solutions and alternative treatment technologies or resource recovery technologies to the maximum extent practicable. If the President selects a remedial action not appropriate for a preference under this subsection, the President shall publish an explanation as to why a remedial action involving such reductions was not selected. The President may select an alternative remedial action meeting the objectives of this subsection whether or not such action has been achieved in practice at any other facility or site that has similar characteristics. In making such a selection, the President may take into account the degree of support for such remedial action by parties interested in such site. (c) Review If the President selects a remedial action that results in any hazardous substances, pollutants, or contaminants remaining at the site, the President shall review such remedial action no less often than each 5 years after the initiation of such remedial action to assure that human health and the environment are being protected by the remedial action being implemented. In addition, if upon such review it is the judgment of the President that action is appropriate at such site in accordance with section 9604 or 9606 of this title, the President shall take or require such action. The President shall report to the Congress a list of facilities for which such review is required, the results of all such reviews, and any actions taken as a result of such reviews. (d) Degree of cleanup Remedial actions selected under this section or otherwise required or agreed to by the President under this chapter shall attain a degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment and of control of further release at a minimum which assures protection of human health and the environment. Such remedial actions shall be relevant and appropriate under the circumstances presented by the release or threatened release of such substance, pollutant, or contaminant. (2) (A) With respect to any hazardous substance, pollutant or contaminant that will remain onsite, if - any standard, requirement, criteria, or limitation under any Federal environmental law, including, but not limited to, the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C.1251 et seq.), the Marine Protection, Research and Sanctuaries Act (16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or any promulgated standard, requirement, criteria, or limitation under a State environmental or facility siting law that is more stringent than any Federal standard, requirement, criteria, or limitation, including each such State standard, requirement, criteria, or limitation contained in a program approved, authorized or delegated by the Administrator under a statute cited in subparagraph (A), and that has been identified to the President by the State in a timely manner, is legally applicable to the hazardous substance or pollutant or contaminant concerned or is relevant and appropriate under the circumstances of the release or threatened release of such hazardous substance or pollutant or contaminant, the remedial action selected under section 9604 of this title or secured under section 9606 of this title shall require, at the completion of the remedial action, a level or standard of control for such hazardous substance or pollutant or contaminant which at least attains such legally applicable or relevant and appropriate standard, requirement, criteria, or limitation. Such remedial action shall require a level or standard of control which at least attains Maximum Contaminant Level Goals established under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and water quality criteria established under section 304 or 303 of the Clean Water Act (33 U.S.C. 1314, 1313), where such goals or criteria are relevant and appropriate under the circumstances of the release or threatened release. (B) (i) In determining whether or not any water quality criteria under the Clean Water Act (33 U.S.C. 1251 et seq.) is relevant and appropriate under the circumstances of the release or threatened release, the President shall consider the designated or potential use of the surface or groundwater, the environmental media affected, the purposes for which such criteria were developed, and the latest information available. For the purposes of this section, a process for establishing alternate concentration limits to those otherwise applicable for hazardous constituents in groundwater under subparagraph (A) may not be used to establish applicable standards under this paragraph if the process assumes a point of human exposure beyond the boundary of the facility, as defined at the conclusion of the remedial investigation and feasibility study, except where (I) there are known and projected points of entry of such groundwater into surface water; and on the basis of measurements or projections, there is or will be no statistically significant increase of such constituents from such groundwater in such surface water at the point of entry or at any point where there is reason to believe accumulation of constituents may occur downstream; and the remedial action includes enforceable measures that will preclude human exposure to the contaminated groundwater at any point between the facility boundary and all known and projected points of entry of such groundwater into surface water then the assumed point of human exposure may be at such known and projected points of entry. (C) (i) Clause (ii) of this subparagraph shall be applicable only in cases where, due to the President's selection, in compliance with subsection (b)(1) of this section, of a proposed remedial action which does not permanently and significantly reduce the volume, toxicity, or mobility of hazardous substances, pollutants, or contaminants, the proposed disposition of waste generated by or associated with the remedial action selected by the President is land disposal in a State referred to in clause (ii). Except as provided in clauses (iii) and (iv), a State standard, requirement, criteria, or limitation (including any State siting standard or requirement) which could effectively result in the statewide prohibition of land disposal of hazardous substances, pollutants, or contaminants shall not apply. (iii) Any State standard, requirement, criteria, or limitation referred to in clause (ii) shall apply where each of the following conditions is met: (I) The State standard, requirement, criteria, or limitation is of general applicability and was adopted by formal means. The State standard, requirement, criteria, or limitation was adopted on the basis of hydrologic, geologic, or other relevant considerations and was not adopted for the purpose of precluding onsite remedial actions or other land disposal for reasons unrelated to protection of human health and the environment. The State arranges for, and assures payment of the incremental costs of utilizing, a facility for disposition of the hazardous substances, pollutants, or contaminants concerned. Where the remedial action selected by the President does not conform to a State standard and the State has initiated a law suit against the Environmental Protection Agency prior to May 1, 1986, to seek to have the remedial action conform to such standard, the President shall conform the remedial action to the State standard. The State shall assure the availability of an offsite facility for such remedial action. In the case of any removal or remedial action involving the transfer of any hazardous substance or pollutant or contaminant offsite, such hazardous substance or pollutant or contaminant shall only be transferred to a facility which is operating in compliance with section 3004 and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6924, 6925) (or, where applicable, in compliance with the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or other applicable Federal law) and all applicable State requirements. Such substance or pollutant or contaminant may be transferred to a land disposal facility only if the President determines that both of the following requirements are met: (A) The unit to which the hazardous substance or pollutant or contaminant is transferred is not releasing any hazardous waste, or constituent thereof, into the groundwater or surface water or soil. (B) All such releases from other units at the facility are being controlled by a corrective action program approved by the Administrator under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.). The President shall notify the owner or operator of such facility of determinations under this paragraph. The President may select a remedial action meeting the requirements of paragraph (1) that does not attain a level or standard of control at least equivalent to a legally applicable or relevant and appropriate standard, requirement, criteria, or limitation as required by paragraph (2) (including subparagraph (B) thereof), if the President finds that - the remedial action selected is only part of a total remedial action that will attain such level or standard of control when completed; (B) compliance with such requirement at that facility will result in greater risk to human health and the environment than alternative options; (C) compliance with such requirements is technically impracticable from an engineering perspective; the remedial action selected will attain a standard of performance that is equivalent to that required under the otherwise applicable standard, requirement, criteria, or limitation, through use of another method or approach; (E) with respect to a State standard, requirement, criteria, or limitation, the State has not consistently applied (or demonstrated the intention to consistently apply) the standard, requirement, criteria, or limitation in similar circumstances at other remedial actions within the State; or (F) in the case of a remedial action to be undertaken solely under section 9604 of this title using the Fund, selection of a remedial action that attains such level or standard of control will not provide a balance between the need for protection of public health and welfare and the environment at the facility under consideration, and the availability of amounts from the Fund to respond to other sites which present or may present a threat to public health or welfare or the environment, taking into consideration the relative immediacy of such threats. The President shall publish such findings, together with an explanation and appropriate documentation. Permits and enforcement No Federal, State, or local permit shall be required for the portion of any removal or remedial action conducted entirely onsite, where such remedial action is selected and carried out in compliance with this section. A State may enforce any Federal or State standard, requirement, criteria, or limitation to which the remedial action is required to conform under this chapter in the United States district court for the district in which the facility is located. Any consent decree shall require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with the appropriate Federal and State agencies. Where the parties agree, the consent decree may provide for administrative enforcement. Each consent decree shall also contain stipulated penalties for violations of the decree in an amount not to exceed $25,000 per day, which may be enforced by either the President or the State. Such stipulated penalties shall not be construed to impair or affect the authority of the court to order compliance with the specific terms of any such decree. (f) State involvement The President shall promulgate regulations providing for substantial and meaningful involvement by each State in initiation, development, and selection of remedial actions to be undertaken in that State. The regulations, at a minimum, shall include each of the following: (A) State involvement in decisions whether to perform a preliminary assessment and site inspection. (B) Allocation of responsibility for hazard ranking system scoring. (C) State concurrence in deleting sites from the National Priorities List. (D) State participation in the long-term planning process for all remedial sites within the State. (E) A reasonable opportunity for States to review and comment on each of the following: (i) The remedial investigation and feasibility study and all data and technical documents leading to its issuance. (ii) The planned remedial action identified in the remedial investigation and feasibility study. (iii) The engineering design following selection of the final remedial action. (iv) Other technical data and reports relating to implementation of the remedy. (v) Any proposed finding or decision by the President to exercise the authority of subsection (d)(4) of this section. (F) Notice to the State of negotiations with potentially responsible parties regarding the scope of any response action at a facility in the State and an opportunity to participate in such negotiations and, subject to paragraph (2), be a party to any settlement. (G) Notice to the State and an opportunity to comment on the President's proposed plan for remedial action as well as on alternative plans under consideration. The President's proposed decision regarding the selection of remedial action shall be accompanied by a response to the comments submitted by the State, including an explanation regarding any decision under subsection (d)(4) of this section on compliance with promulgated State standards. A copy of such response shall also be provided to the State. Prompt notice and explanation of each proposed action to the State in which the facility is located. Prior to the promulgation of such regulations, the President shall provide notice to the State of negotiations with potentially responsible parties regarding the scope of any response action at a facility in the State, and such State may participate in such negotiations and, subject to paragraph ( (2), and settlements. (2) This paragraph shall apply to remedial actions secured under section 9606 of this title. At least 30 days prior to the entering of any consent decree, if the President proposes to select a remedial action that does not attain a legally applicable or relevant and appropriate standard, requirement, criteria, or limitation, under the authority of subsection (d)(4) of this section, the President shall provide an opportunity for the State to concur or not concur in such selection. If the State concurs, the State may become a signatory to the consent decree. If the State does not concur in such selection, and the State desires to have the remedial action conform to such standard, requirement, criteria, or limitation, the State shall intervene in the action under section 9606 of this title before entry of the consent decree, to seek to have the remedial action so conform. Such intervention shall be a matter of right. The remedial action shall conform to such standard, requirement, criteria, or limitation if the State establishes, on the administrative record, that the finding of the President was not supported by substantial evidence. If the court determines that the remedial action shall conform to such standard, requirement, criteria, or limitation, the remedial action shall be so modified and the State may become a signatory to the decree. If the court determines that the remedial action need not conform to such standard, requirement, criteria, or limitation, and the State pays or assures the payment of the additional costs attributable to meeting such standard, requirement, criteria, or limitation, the remedial action shall be so modified and the State shall become a signatory to the decree. (C) The President may conclude settlement negotiations with potentially responsible parties without State concurrence. (3) (A) This paragraph shall apply to remedial actions at facilities owned or operated by a department, agency, or instrumentality of the United States. At least 30 days prior to the publication of the President's final remedial action plan, if the President proposes to select a remedial action that does not attain a legally applicable or relevant and appropriate standard, requirement, criteria, or limitation, under the authority of subsection (d)(4) of this section, the President shall provide an opportunity for the State to concur or not concur in such selection. If the State concurs, or does not act within 30 days, the remedial action may proceed. (B) If the State does not concur in such selection as provided in subparagraph (A), and desires to have the remedial action conform to such standard, requirement, criteria, or limitation, the State may maintain an action as follows: (i) If the President has notified the State of selection of such a remedial action, the State may bring an action within 30 days of such notification for the sole purpose of determining whether the finding of the President is supported by substantial evidence. Such action shall be brought in the United States district court for the district in which the facility is located. (ii) If the State establishes, on the administrative record, that the President's finding is not supported by substantial evidence, the remedial action shall be modified to conform to such standard, requirement, criteria, or limitation. If the State fails to establish that the President's finding was not supported by substantial evidence and if the State pays, within 60 days of judgment, the additional costs attributable to meeting such standard, requirement, criteria, or limitation, the remedial action shall be selected to meet such standard, requirement, criteria, or limitation. If the State fails to pay within 60 days, the remedial action selected by the President shall proceed through completion. (C) Nothing in this section precludes, and the court shall not enjoin, the Federal agency from taking any remedial action unrelated to or not inconsistent with such standard, requirement, criteria, or limitation. Subpart B_Location Restrictions 40 CFR 258 Floodplains. (a) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in 100-year floodplains must demonstrate that the unit will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment. The owner or operator must place the demonstration in the operating record and notify the State Director that it has been placed in the operating record. (b) For purposes of this section: (1) Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood. (2) 100-year flood means a flood that has a 1-percent or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period. (3) Washout means the carrying away of solid waste by waters of the base flood. 258.12 Wetlands. (a) New MSWLF units and lateral expansions shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Director of an approved State: (1) Where applicable under section 404 of the Clean Water Act or applicable State wetlands laws, the presumption that practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted; (2) The construction and operation of the MSWLF unit will not: (i) Cause or contribute to violations of any applicable State water quality standard, (ii) Violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act, (iii) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973, and (iv) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary; (3) The MSWLF unit will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the MSWLF unit and its ability to protect ecological resources by addressing the following factors: (i) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the MSWLF unit; (ii) Erosion, stability, and migration potential of dredged and fill materials used to support the MSWLF unit; (iii) The volume and chemical nature of the waste managed in the MSWLF unit; (iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste; (v) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and (vi) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected. (4) To the extent required under section 404 of the Clean Water Act or applicable State wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by paragraph (a)(1) of this section, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and (5) Sufficient information is available to make a reasonable determination with respect to these demonstrations. (b) For purposes of this section, wetlands means those areas that are defined in 40 CFR 232.2(r). 258.15 Unstable areas. (a) Owners or operators of new MSWLF units, existing MSWLF units, and lateral expansions located in an unstable area must demonstrate that engineering measures have been incorporated into the MSWLF unit's design to ensure that the integrity of the structural components of the MSWLF unit will not be disrupted. The owner or operator must place the demonstration in the operating record and notify the State Director that it has been placed in the operating record. The owner or operator must consider the following factors, at a minimum, when determining whether an area is unstable: (1) On-site or local soil conditions that may result in significant differential settling; (2) On-site or local geologic or geomorphologic features; and (3) On-site or local human-made features or events (both surface and subsurface). (b) For purposes of this section: (1) Unstable area means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes. (2) Structural components means liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of the MSWLF that is necessary for protection of human health and the environment. (3) Poor foundation conditions means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of an MSWLF unit. (4) Areas susceptible to mass movement means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the MSWLF unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall. (5) Karst terranes means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys. 258.16 Closure of existing municipal solid waste landfill units. (a) Existing MSWLF units that cannot make the demonstration specified in 258.10(a), pertaining to airports, 258.11(a), pertaining to floodplains, or 258.15(a), pertaining to unstable areas, must close by October 9, 1996, in accordance with 258.60 of this part and conduct post-closure activities in accordance with 258.61 of this part. (b) The deadline for closure required by paragraph (a) of this section may be extended up to two years if the owner or operator demonstrates to the Director of an approved State that: (1) There is no available alternative disposal capacity; (2) There is no immediate threat to human health and the environment. |