| Home > 104th Congressional Public Laws > Pub.L. 104-12 To provide a moratorium on certain class action lawsuits relating to the Truth in Lending Act. <> ...
Pub.L. 104-12 To provide a moratorium on certain class action lawsuits relating to the Truth in Lending Act. <> ...
LAND DISPOSAL PROGRAM FLEXIBILITY ACT OF 1996
[[Page 110 STAT. 830]]
Public Law 104-119
To amend the Solid Waste Disposal Act to make certain adjustments in the
land disposal program to provide needed flexibility, and for other
purposes. <<NOTE: Mar. 26, 1996 - [H.R. 2036]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Land
Disposal Program Flexibility Act of 1996.>>
SECTION 1. <<NOTE: Environmental protection. 42 USC 6901 note.>> SHORT
This Act may be cited as the ``Land Disposal Program Flexibility Act
SEC. 2. LAND DISPOSAL RESTRICTIONS.
Section 3004(g) of the Solid Waste Disposal Act <<NOTE: 42 USC
6924.>> is amended by adding after paragraph (6) the following:
``(7) Solid waste identified as hazardous based solely on
one or more characteristics shall not be subject to this
subsection, any prohibitions under subsection (d), (e), or (f),
or any requirement promulgated under subsection (m) (other than
any applicable specific methods of treatment, as provided in
paragraph (8)) if the waste--
``(A) is treated in a treatment system that
subsequently discharges to waters of the United States
pursuant to a permit issued under section 402 of the
Federal Water Pollution Control Act (commonly known as
the ``Clean Water Act'') (33 U.S.C. 1342), treated for
the purposes of the pretreatment requirements of section
307 of the Clean Water Act (33 U.S.C. 1317), or treated
in a zero discharge system that, prior to any permanent
land disposal, engages in treatment that is equivalent
to treatment required under section 402 of the Clean
Water Act (33 U.S.C. 1342) for discharges to waters of
the United States, as determined by the Administrator;
``(B) no longer exhibits a hazardous characteristic
prior to management in any land-based solid waste
``(8) Solid waste that otherwise qualifies under paragraph
(7) shall nevertheless be required to meet any applicable
specific methods of treatment specified for such waste by the
Administrator under subsection (m), including those specified in
the rule promulgated by the Administrator June 1, 1990, prior to
management in a land-based unit as part of a treatment system
specified in paragraph (7)(A). No solid waste may qualify under
paragraph (7) that would generate toxic gases, vapors, or fumes
due to the presence of cyanide when exposed to pH conditions
between 2.0 and 12.5.
[[Page 110 STAT. 831]]
``(9) Solid waste identified as hazardous based on one or
more characteristics alone shall not be subject to this
subsection, any prohibitions under subsection (d), (e), or (f),
or any requirement promulgated under subsection (m) if the waste
no longer exhibits a hazardous characteristic at the point of
injection in any Class I injection well permitted under section
1422 of title XIV of the Public Health Service Act (42 U.S.C.
``(10) Not later than five years after the date of enactment
of this paragraph, the Administrator shall complete a study of
hazardous waste managed pursuant to paragraph (7) or (9) to
characterize the risks to human health or the environment
associated with such management. In conducting this study, the
Administrator shall evaluate the extent to which risks are
adequately addressed under existing State or Federal programs
and whether unaddressed risks could be better addressed under
such laws or programs. Upon receipt of additional information or
upon completion of such study and as necessary to protect human
health and the environment, the Administrator may impose
additional requirements under existing Federal laws, including
subsection (m)(1), or rely on other State or Federal programs or
authorities to address such risks. In promulgating any treatment
standards pursuant to subsection (m)(1) under the previous
sentence, the Administrator shall take into account the extent
to which treatment is occurring in land-based units as part of a
treatment system specified in paragraph (7)(A).
``(11) Nothing in paragraph (7) or (9) shall be interpreted
or applied to restrict any inspection or enforcement authority
under the provisions of this Act.''.
SEC. 3. GROUND WATER MONITORING.
(a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows:
(1) By striking ``Criteria.--Not later'' and inserting the
``(1) In general.--Not later''.
(2) By adding at the end the following new paragraphs:
``(2) Additional revisions.--Subject to paragraph (3), the
requirements of the criteria described in paragraph (1) relating
to ground water monitoring shall not apply to an owner or
operator of a new municipal solid waste landfill unit, an
existing municipal solid waste landfill unit, or a lateral
expansion of a municipal solid waste landfill unit, that
disposes of less than 20 tons of municipal solid waste daily,
based on an annual average, if--
``(A) there is no evidence of ground water
contamination from the municipal solid waste landfill
unit or expansion; and
``(B) the municipal solid waste landfill unit or
``(i) a community that experiences an annual
interruption of at least 3 consecutive months of
surface transportation that prevents access to a
regional waste management facility; or
[[Page 110 STAT. 832]]
``(ii) a community that has no practicable
waste management alternative and the landfill unit
is located in an area that annually receives less
than or equal to 25 inches of precipitation.
``(3) Protection of ground water resources.--
``(A) Monitoring requirement.--A State may require
ground water monitoring of a solid waste landfill unit
that would otherwise be exempt under paragraph (2) if
necessary to protect ground water resources and ensure
compliance with a State ground water protection plan,
``(B) Methods.--If a State requires ground water
monitoring of a solid waste landfill unit under
subparagraph (A), the State may allow the use of a
method other than the use of ground water monitoring
wells to detect a release of contamination from the
``(C) Corrective action.--If a State finds a release
from a solid waste landfill unit, the State shall
require corrective action as appropriate.
``(4) No-migration exemption.--
``(A) In general.--Ground water monitoring
requirements may be suspended by the Director of an
approved State for a landfill operator if the operator
demonstrates that there is no potential for migration of
hazardous constituents from the unit to the uppermost
aquifer during the active life of the unit and the post-
closure care period.
``(B) Certification.--A demonstration under
subparagraph (A) shall be certified by a qualified
ground-water scientist and approved by the Director of
an approved State.
``(C) Guidance.--Not later than 6 months after the
date of enactment of this paragraph, the Administrator
shall issue a guidance document to facilitate small
community use of the no migration exemption under this
``(5) Alaska native villages.--Upon certification by the
Governor of the State of Alaska that application of the
requirements described in paragraph (1) to a solid waste
landfill unit of a Native village (as defined in section 3 of
the Alaska Native Claims Settlement Act (16 U.S.C. 1602)) or
unit that is located in or near a small, remote Alaska village
would be infeasible, or would not be cost-effective, or is
otherwise inappropriate because of the remote location of the
unit, the State may exempt the unit from some or all of those
requirements. This paragraph shall apply only to solid waste
landfill units that dispose of less than 20 tons of municipal
solid waste daily, based on an annual average.
``(6) Further revisions of guidelines and criteria.--
Recognizing the unique circumstances of small communities, the
Administrator shall, not later than two years after enactment of
this provision promulgate revisions to the guidelines and
criteria promulgated under this subtitle to provide additional
flexibility to approved States to allow landfills that receive
20 tons or less of municipal solid waste per day, based on an
annual average, to use alternative frequencies of daily cover
application, frequencies of methane gas monitoring, infiltration
layers for final cover, and means for demonstrating
[[Page 110 STAT. 833]]
financial assurance: Provided, That such alternative
requirements take into account climatic and hydrogeologic
conditions and are protective of human health and
(b) <<NOTE: 42 USC 6949a note.>> Reinstatement of Regulatory
Exemption.--It is the intent of section 4010(c)(2) of the Solid Waste
Disposal Act, as added by subsection (a), to immediately reinstate
subpart E of part 258 of title 40, Code of Federal Regulations, as added
by the final rule published at 56 Federal Register 50798 on October 9,
SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT.
The Solid Waste Disposal Act is amended as follows:
(1) In section 3001(d)(5) <<NOTE: 42 USC 6921.>> by
striking ``under section 3001'' and inserting ``under this
(2) By inserting a semicolon at the end of section
3004(q)(1)(C). <<NOTE: 42 USC 6924.>>
(3) In section 3004(g), by striking ``subparagraph (A)
through (C)'' in paragraph (5) and inserting ``subparagraphs (A)
(4) In section 3004(r)(2)(C), by striking ``pertroleum-
derived'' and inserting ``petroleum-derived''.
(5) In section 3004(r)(3) by inserting after ``Standard''
the word ``Industrial''.
(6) In section 3005(a), <<NOTE: 42 USC 6925.>> by striking
``polycholorinated'' and inserting ``polychlorinated''.
(7) In section 3005(e)(1), by inserting a comma at the end
of subparagraph (C).
(8) In section 4007(a), <<NOTE: 42 USC 6947.>> by striking
``4003'' in paragraphs (1) and (2)(A) and inserting ``4003(a)''.
Approved March 26, 1996.
LEGISLATIVE HISTORY--H.R. 2036:
HOUSE REPORTS: No. 104-454 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Jan. 30, 31, considered and passed House.
Feb. 20, considered and passed Senate, amended.
Mar. 7, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Mar. 26, Presidential statement.
Other Popular 104th Congressional Public Laws Documents:
||Pub.L. 104-238 To provide educational assistance to the dependents of Federal law enforcement officials who are killed or disabled in the performance of their duties. <> ...
||Pub.L. 104-164 To amend the Foreign Assistance Act of 1961 and the Arms Export Control ...
||Pub.L. 104-116 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...
||Pub.L. 104-188 To provide tax relief for small businesses, to protect jobs, to create ...
||Pub.L. 104-165 To authorize the Secretary of Agriculture to convey lands to the city of Rolla, Missouri. <> ...
||Pub.L. 104-300 To authorize the construction of the Fort Peck Rural County Water Supply ...
||Pub.L. 104-248 To amend title XIX of the Social Security Act to make certain technical corrections relating to physicians' services. <> ...
||Pub.L. 104-306 To extend certain programs under the Energy Policy and Conservation Act through September 30, 1997. <> ...
||Pub.L. 104-315 To amend title XIX of the Social Security Act to repeal the requirement ...
||Pub.L. 104-26 To amend the Fair Labor Standards Act of 1938 to exempt employees who perform certain court reporting duties from the compensatory time requirements applicable to certain public agencies, and for other purposes. <
||Pub.L. 104-207 Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making general or continuing appropriations for fiscal year 1997. <> %%Filename:...
||Pub.L. 104-30 To extend authorities under the Middle East Peace Facilitation Act of 1994 until November 1, 1995, and for other purposes. <> ...
||Pub.L. 104-297 To amend the Magnuson Fishery Conservation and Management Act to authorize appropriations, to provide for sustainable fisheries, and for other purposes. <> ...
||Pub.L. 104-67 To reform Federal securities litigation, and for other purposes. <> ...
||Pub.L. 104-244 To authorize extension of time limitation for a FERC-issued hydroelectric license. <> ...
||Pub.L. 104-252 To extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois. <> ...
||Pub.L. 104-105 To amend the Farm Credit Act of 1971 to provide regulatory relief, and for other purposes. <> ...
||Pub.L. 104-92 Making appropriations for certain activities for the fiscal year 1996, and for other purposes. <> ...
||Pub.L. 104-177 To amend title 18 of the United States Code to allow members of employee associations to represent their views before the United States Government. <> ...
||Pub.L. 104-166 To amend the Public Health Service Act to provide for the conduct of expanded studies and the establishment of innovative programs with respect to traumatic brain injury, and for other purposes. <> %%Filena...
||Pub.L. 104-33 To make the reporting deadlines for studies conducted in Federal court demonstration districts consistent with the deadlines for pilot districts, and for other purposes. <> ...
||Pub.L. 104-64 To extend and reauthorize the Defense Production Act of 1950, and for other purposes. <> ...
||Pub.L. 104-194 Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1997, and for other purposes. <
||Pub.L. 104-111 To award a congressional gold medal to Ruth and Billy Graham. <> ...
||Pub.L. 104-185 To improve the management of royalties from Federal and Outer Continental Shelf oil and gas leases, and for other purposes. <> ...
||Pub.L. 104-129 Waiving certain enrollment requirements with respect to two bills <> of the One Hundred Fourth Congress. ...
||Pub.L. 104-235 To modify and reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes. <> ...
||Pub.L. 104-109 To make certain technical corrections in laws relating to Native Americans, and for other purposes. <> ...
||Pub.L. 104-266 <> To make amendments to the Reclamation Wastewater and Groundwater Study and Facilities Act, and for other purposes. ...
||Pub.L. 104-58 To authorize and direct the Secretary of Energy to sell the Alaska Power Administration, and to authorize the export of Alaska North Slope crude oil, and for other purposes. <> ...
104th Congressional Public Laws Records and Documents
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.